(3-2018) Project No. __MC-2023-5__
CONTRACT
CITY OF CAMARILLO
PUBLIC WORKS CONTRACT
(Informal Bid Work)
This contract (“Contract”) is effective as of November 8, 2023, and is between the CITY OF C AMARILLO, a California general law city and municipal corporation (“City ”), a nd Travis Agricultural Construction, Inc., a California corporation (“Contractor”), collectively referred to as the “Parties.”
Section 1. Reci tals. This Contract is entered into with respect to the following facts:
1.1 City received a proposal for the work involved in Treated Water Diversion – North Pleasant Valley Groundwater Desalter - Project No. MC-2023-5 (“Project”), which is more fully described in the Contract Documents defined below.
1.2 Contractor represents it is qualified to perform all of the work required to complete the Project.
1.3 Contractor agrees to perform all such work in the time and manner set forth in the Contract Documents.
Section 2. Cont ract Documents . This Contract consists of the following documents (“Contract Documents”), all of which are made a part of this Contract:
2.1 Proposal, as accepted, including the List of Subcontractors ( if any)
2.2 Notice to Proceed
2.3 This Contract
2.4 Verification of California Contractor’s License
2.5 Certificate of DIR Contractor Registration
2.6 Certificate Regarding Workers’ Compensation
2.7 Security for payment (labor and materials)
2.8 Security for performance
2.9 Certificate(s) of Insurance
2.10 Prevailing Wage Scales
2.11 Other documents (list here)
Exhibit A – Bi d Proposal and Compensation
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Exhibit B – Insurance
Exhibit C – Scope of Work – General Conditions, Special Provisions, and Drawing Exhibits.
Section 3. The Work.
3.1 The work (“ Work”) to be performed by Contractor is described in the Contract Documents set forth in Exhibit C (“Scope of Work”), which is made a part of this Contract.
3.2 In completing the Work, Contractor must employ, at a minimum, the applicable generally accepted professional standards of its industry in existence at the time of performance as utilized by persons engaging in similar work.
3.3 Except as specifically provided in the Contract Documents, Contractor must furnish, at its sole expense, all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work.
3.4 Contractor must perform all of the Work in strict accordance with the Contract Documents.
Section 4. T
ime to Perform the Work.
4.1 Time is of the essence with respect to Contractor’s Work. Contractor agrees to diligently pursue performance of the Work within the time specified on page A-1 in Exhibit A.
4.2 Contractor will be excused from any delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of City , court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. Unless the City agrees to grant the contractor additional time for reasons in this section 4.2, the contractor will be charged Liquidated Damages noted on page A-1 for work completed after the tie specified on page A-1.
4.3 If Contractor is delayed by any cause beyond Contractor’s control, City may, but is not required to, grant a time extension for the completion of the Work. If delay occurs, Contractor must notify City in writing within 48 hours of the cause and the extent of the delay and how such delay interferes with Contractor’s performance of the Work.
Section 5. C
ompensation and Payment.
5.1 Subject to any limitations provided in the Contract Documents, City agrees to pay Contractor as full consideration for the faithful performance of all of the Work the compensation set forth in Exhibit A (“Compensation”), which is made a part of this Contract.
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5.2 Contractor must furnish City with a Pay Estimate for the Work performed in accordance with the Contract Documents. Contractor may not submit a Pay Estimate more often than once every 30 days.
5.3 City will review each Pay Estimate and determine whether the Work performed is in accordance with the Contract Documents. The D irector of Public Works (“Director”) may require Contractor to provide a release of all undisputed Contract amounts contained in the Pay Estimate.
5.4 If City disputes any item on a Pay Estimate, City will give Contractor notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.
5.5 Except as to any charges for the Work performed that City disputes and the City’s standard five-percent retention of the approved progress payment, City will cause Contractor to be paid within 30 days of the date of the invoice or the date that Contractor furnishes City with a release of all undisputed Contract amounts, whichever occurs later. Federally funded projects will not have a five -percent retention.
5.6 In the event there is any claim specifically excluded by Contractor from the operation of any release, City may retain an amount not to exceed the amount of the excluded claim.
Section 6. Labor
Code and Prevailing Wage Requirements.
6.1 Contractor agrees to comply with the requirements of California Labor Code sections 1810 through 1815. E ight hours of labor constitutes a legal day’s work per Labor Code s ection 1810. Contractor will forfeit the statutory penalty to City for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815.
6.2 Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Contract are available for download from the State website: http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
6.3 Contractor must post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at City ’s Department of Public Works and available to Contractor and any other interested party upon request.
6.4 Contractor, and any subcontractor engaged by Contractor, may pay not less than the specified prevailing rate of per diem wages to all workers employed in the CC Agreement No. 2023-149
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execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
6.5 Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor will forfeit the statutory penalty to City for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
6.6 Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.
6.7 Contractor has reviewed and agrees to comply with any applicable provisions for any public work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). City hereby notifies Contractor that Contractor is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at: http://www.dir.ca.gov/dlse/cmu/cmu.html.
6.8 Contractor must comply with Labor Code section 1771.1(a), which provides that Contractor may award any contracts and subcontracts for work that qualifies as a “public work” only to subcontractors which are at that time registered and qualified to perform public work pursuant to Labor Code section 1725.5. Contractor must obtain proof of such registration from all such subcontractors.”
6.9 If federal funds are used to pay for the Work, Contractor and any s ubcontractor agree to comply, as applicable, with the labor and reporting requirements of the Davis-Bacon Act (40 USC § 276a-7), the Copeland Act (40 USC § 276c and 18 USC §874), and the Contract Work Hours and Safety Standards Act (40 USC § 327 and following).
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Section 7. Non-Discrimination. Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940. Contractor is responsible for compliance with this section.
Section 8. Gener
al Legal Compliance.
8.1 In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Camarillo Municipal Code.
8.2 Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor is exempt from any City encroachment permit fee pursuant to Camarillo Municipal Code Section 13.04.020.
8.3 Contractor must maintain a valid California Contractor’s License throughout the term of this Contract.
Section 9. C
layton and Cartwright Act Assignments. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any subcontractor will be deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
Section 10. Independent
Contractor. Contractor is and will at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.
Section 11. Indem
nification.
11.1 Contractor agrees to the fullest extent permitted by law to (1) immediately defend and (2) indemnify City from and against, any and all claims and liabilities, regardless of the nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its officers, CC Agreement No. 2023-149
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employees, agents, or subcontractors committed in performing any Work under this Contract or the failure to comply with any of the obligations of this Contract (collectively, “Claims”). The Claims subject to Contractor’s duties to defend and indemnify include, without limitation, all claims, actions, causes of action, proceedings, suits, losses, damages, penalties, fines, judgments, liens, levies, and associated investigation and administrative expenses. Such Claims also include defense costs, including reasonable attorneys’ fees and disbursements, expert fees, court costs, and costs of alternative dispute resolution.
11.2 Contractor’s duty to defend is a separate and distinct obligation from Contractor’s duty to indemnify. Contractor is obligated to defend City in all legal, equitable, administrative, or special proceedings, with counsel approved by City, immediately upon tender to Contractor of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the Claim does not r elieve Contractor from its separate and distinct obligation to defend under this section.
The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Contractor asserts that liability is caused in whole or in part by the negligence or willful misconduct of any City indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of any City indemnified party, then Contractor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the City indemnified party.
11.3 Contractor agrees that its defense and indemnification obligation under this section, includes the reasonable costs of attorneys’ fees incurred by the City Attorney’s office to monitor and consult with Contractor regarding the defense of any Claims, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. City will use its best efforts to avoid duplicative attorney work or appearances in order to keep defense costs to a reasonable minimum.
11.4 Contractor agrees that settlement of any Claim will require the consent of City .
City agrees that its consent will not be unreasonably withheld provided that Contractor is financially able (based on demonstrated assets) to fulfill its obligation to indemnify City for the costs of any such settlement as required under this Contract.
11.5 Contractor’s obligation to indemnify City applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of a City indemnified party. If a Claim is finally adjudicated and a determination made that liability was caused by the sole active negligence or sole willful misconduct of a City indemnified party, then Contractor’s indemnification obligation will be reduced in proportion to the established comparative liability.
11.6 For the purposes of this section, “City” includes City’s officers, officials, employees and agents.
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11.7 The provisions of this section will survive the expiration or earlier termination of this Agreement.
Section 12. I nsurance. Contractor agrees to have and maintain in full force and effect during the term of this Contract the insurance coverages listed in Exhibit B (“Insurance”), which is made a part of this Contract.
Section 13. Not ice.
13.1 All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows:
To City: C ity of Camarillo
601 Carmen Drive
Camarillo, California 93010
Attention: James Campero
(Tel.) 805-388-5340
(Fax) 805-388-5387
To Contractor: Tr avis Agricultural Construction, Inc.
PO Box 4666
Ventura, CA 93007
Attention: Diego Luna
(Tel.) 805-647-7211
13.2 Notice will be deemed effective on the date personally delivered or transmitted by facsimile or email. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
13.3 Any Party may change its notice information by giving notice to the other Party in compliance with this section.
Section 14. Ci
ty Rights of Termination and to Complete the Work.
14.1 The occurrence of any of the following is a default by Contractor under this Contract:
14.1.1 Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will insure its completion within the time specified or any permitted extension.
14.1.2 Contractor fails to complete the Work on time.
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14.1.3 Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency.
14.1.4 Contractor fails to supply enough properly skilled workers or proper materials to complete the Work in the time specified.
14.1.5 Contractor fails to make prompt payment to any subcontractor or for material or labor.
14.1.6 Contractor fails to abide by any applicable laws, ordinances or instructions of City in performing the Work.
14.1.7 Contractor breaches or fails to perform any obligation or duty under the Contract.
14.2 Upon the occurrence of a default by Contractor, City will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice, or satisfactory arrangements acceptable to City for the correction or elimination of such default are made, as determined by City, City may thereafter terminate this Contract by serving written notice on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents.
Section 15. P
roject Documents . All data, drawings, maps, models, notes, photographs, reports, studies and other documents (collectively, “ Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City . Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.
Section 16. Gener
al Provisions.
16.1 Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
16.2 Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
16.3 Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.
16.4 Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the CC Agreement No. 2023-149
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Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract.
16.5 Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
16.6 Electronic Signatures; Counterparts. This Contract and any amendment will be considered executed when the signature page of a party is delivered by electronic transmission. Such electronic signatures will have the same effect as an original signature. The Contract may be executed in multiple counterparts.
16.7 Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
16.8 Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.
16.9 Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.
16.10 Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Ventura. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles. [Signatures on the following page.]
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The Parties have caused this Contract to be executed by their undersigned authorized agents as follows:
CITY OF CAMARILLO
Greg Ramirez, City Manager
ATTEST:
Kristy Buxkemper, City Clerk
TRAVIS AGRICULTURAL CONSTRUCTION, INC., a California corporation
Diego Luna, President
Jack McCormick, Secretary
___023114_________________________ __06/ 30/2024__
Camarillo Business Tax Certificate Number Expiration Date
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CERTIFICATE OF CALIFORNIA
CONTRACTOR’S LICENSE
I certify, under penalty of perjury, that Contractor has a valid California Contractor’s license issued pursuant to Business and Professions Code section 7000 and following:
California Contractor’s License:
588676 A 02/28/2025 License Number Class Expiration Date
Diego Luna, President
Name & Title (print or type)
Date Signature
(Public Contract Code § 6100)
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CERTIFICATE REGARDING
WORKERS’ COMPENSATION
Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the Work of this Contract.
Diego Luna, President
Name & Title (print or type)
Date Signature
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EXHIBIT A
BID PROPOSAL & COMPENSATION
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BID PROPOSAL
COMPENSATION (CITY TO COMPLETE)
The total compensation under this Contract will not exceed:
ALTERNATE 1
If a Lump Sum Bid: “The sum of $ N/ A .”
ALTERNATE 2
If a Unit Price Bid: “The total unit prices set fort h in the bid and the actual measured quantities utilized for the Project as determined by the Director.” ALTERNATE 3
If both Lump Sum and Unit Price Bid: “The sum of $81,650, and the amount due based upon the unit prices set forth in the bid and the actual mea sured quantities utilized for the Project as determined by the Director.”
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EXHIBIT B
INSURANCE
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Li mits (combined single)
Commercial General Liability $2,000,000 / $4,000,000 Aggregate Business Automobile Liability $1,000,000
Workers’ Compensation Statutory Requirements
2. Commercial General Liability Insurance. This policy must meet or exceed the requirements of Insurance Services Office (ISO) CGL Form No. CG 00 01. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. The insurance must be on an “occurrence” not a “claims -made” basis. Defense costs must be paid in addition to limits. There must be no cross-liability exclusion for claims or suits by one insured against another.
Liability policies must be endorsed to name City, its officials, employees and agents as “additional insureds” under the insurance coverage.
The policy must state that such insurance will be deemed “primary” such that any other i
nsurance that may be carried by City will be deemed “excess” to that of Contractor. This endorsement must be reflected on ISO Form No. CG 20 01, or equivalent form as determined by City.
Coverage must be applicable to City for injury to employees of Contractor, subcontractors, agents or others performing any part of the Work required under this Contract. Each policy must be endorsed to provide a separate limit applicable to this Project.
The Commercial General Liability policy must not contain any endorsements limiting coverage beyond the basic policy coverage for any of the following:
1. Explosion, collapse or underground hazard (XCU);
2. Products and completed operation;
3. Pollution liability; or
4. Contractual liability.
3. Business Auto Coverage. This policy must be on ISO Business Auto Coverage Form CA 00 01 including symbol 1 (Any Auto) and Endorsement CA 0025, or equivalent forms approved in writing by City. If Contractor neither leases nor owns vehicles, this requirement may be satisfied by a non- owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person.
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4. Workers Compensation. Contractor must have a State of California approved policy form providing the statutory benefits required by law with employer’s liability, or Contractor must provide evidence of an approved self-insurance program.
5. Other Insurance; Revisions to Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by City. City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor 60 days advance written notice of such change.
If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation.
6. Acceptable Insurers. All required insurance policies must be issued by an insurance company currently authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
7. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop-down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay-on-behalf” basis, with defense costs payable in addition to policy limits. There may be no cross - liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
8. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the City Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by City’s Attorney. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance.
Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days’ prior written notice to City.
9. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance cov erage, City may, in addition to any other available remedies, (a) obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor, (b) make a claim against the Contractor’s surety, or (c) terminate the Contract.
10. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.
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11. H igher Limits of Insurance. If Contractor maintains higher limits of insurance than the required amounts shown in Section 1 above, then such amounts will be the minimum required under this Agreement.
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EXHIBIT C
GENERAL CONDITIONS, SPECIAL PROVISIONS, AND
DRAWING EXHIBITS
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GENERAL CONDITIONS/SPECIFICATIONS
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CAM #4816-7464-0911 v5
CITY OF CAMARILLO
GENERAL CONDITIONS/SPECIFICATIONS
WORK IDENTIFICATION: TREATED WATER DIVERSION – NORTH PLEASANT VALLEY GROUNDWATER DESALTER - PROJECT NO. MC-2023-5________________ __
SECTION
NO.
PAGE
NO.
1. Definitions ....................................................................................... 4
1.1 General Construction .......................................................... 4
1.2 Terms Defined .................................................................... 4
1.3 General Conditions/Specifications ....................................... 5
1.4 Abbreviations ...................................................................... 5
2. Work and Material Requirements ................................................... 6
2.1 Use of Premises .................................................................. 6
2.2 Materials Furnished B
y City ................................................ 6
2.3 Or E qual .............................................................................. 6
2.4 Sam ples .............................................................................. 6
2.5 Warrant y ............................................................................. 6
2.6 Liens ................................................................................... 7
2.7 Manufacturer’s Recommendations ...................................... 8
2.8 Certificates of Com pliance .................................................. 8
3. Gradi ng Ordinance ......................................................................... 8
4. Pr ogress Payments to Contractor ................................................... 8
4.1 Pr ogress Payments to Subcontractors ................................ 8
4.2 Substitution of Securities ..................................................... 8
5. Time for Com pletion ....................................................................... 9
5.1 P ayment for Delays to Contractor ....................................... 9
5.2 Ri ghts of City to Increase Working Days ............................. 9
6. Construction Schedule and Commencement of Work ..................... 9
6.1 Pr oposed Construction Schedule ........................................ 9
6.2 B eginning of Work ............................................................... 11
6.3 Tem porary Suspension of Work .......................................... 12
6.4 Starti ng of Contract Time .................................................... 12
6.5 Li quidated Damages ........................................................... 12 CC Agreement No. 2023-149
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GENERAL CONDITIONS/SPECIFICATIONS
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7. Subcontracti ng ................................................................................ 12
7.1 Subcontractors Bound B y Contract ..................................... 12
7.2 Cit y Consent to Subcontractors ........................................... 13
8. Work B y Others .............................................................................. 13
8.1 Cit y’s Right to Award Other Contracts ................................. 13
8.2 Contractor’s Res ponsibilities ............................................... 13
9. Authorit y of the City Engineer ......................................................... 13
9.1 General Authorit y .................................................................. 13
9.2 Inter pretation of Drawings and Specifications ....................... 14
9.3 Ins pection ........................................................................... 14
9.4 Dis putes Pertaining to Payment for Work ............................ 14
10. General Provisions ......................................................................... 14
10.1 Utilities ................................................................................ 14
10.2 Water Suppl y ...................................................................... 15
10.3 Dust Control ........................................................................ 15
10.4 Removal and Disposal of Structures and
Obstructions ........................................................................ 15
10.5 Surve ys ............................................................................... 15
10.6 Layout and Field Engineering .............................................. 15
10.7 Traffic R equirements ........................................................... 16
10.8 Tests and Ins pections ......................................................... 17
10.9 Soils Investi gation Report .................................................... 17
10.10 Com paction Tests ............................................................... 17
10.11 Cutti ng and Patching ........................................................... 18
10.12 Eart hquake and Tidal Wave Damage .................................... 18
10.13 Hi ghway and Railroad Permits .............................................. 18
10.14 Noise Control ....................................................................... 18
11. Acc eptance of Work ....................................................................... 18
11.1 No Waiver of Legal Rights ................................................... 18
11.2 Non-Com plying Work .......................................................... 19
11.3 Fulfillment of Contract ......................................................... 19
11.4 Correction of Work Before Acceptance ............................... 19
11.5 Deductions for Uncorrected Work ....................................... 19
11.6 Final Clean U
p .................................................................... 19
11.7 Certificate as to Compliance With
Certain Regulations ............................................................. 19
12. Claims between Cit y and Contractor ............................................... 20
12.1 Definition of Claim ............................................................... 20
12.2 Notice of Potential Claim Procedure .................................... 20
12.3 Claim Processi ng Procedure ............................................... 21 CC Agreement No. 2023-149
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13. Assi gnment of Rights ...................................................................... 22
14. Prohibited Interests ......................................................................... 22
15. Labor Code R equirements .............................................................. 22
15.1 State W age Determination .................................................. 22
15.2 Com pliance Monitoring ....................................................... 23
15.3 P ayroll Records ................................................................... 23
15.4 A pprentices ......................................................................... 24
15.5 Worki ng Hours .................................................................... 25
15.6 Workers Com pensation ....................................................... 25
15.7 Protection of Workers in Trench
Excavations ........................................................................ 25
16. Sales and Use Tax C ooperation ..................................................... 26
17. Documentation of Status of Suret y ................................................. 26
18. Construction and Demolition Waste ................................................ 26
19. Use of Premises ............................................................................. 27 CC Agreement No. 2023-149
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GENERAL CONDITIONS/SPECIFICATIONS
1. Definitions
1.1 General Construction
Terms used in these General Conditions/Specifications and in other Contract Documents will have the definition provided in this Section 1, unless the context requires a different meaning.
The word “person” includes a corporation, association, partnership and any other form of legal entity.
Unless otherwise specifically defined herein, or unless the context requires a different meaning, all words, terms and phrases having a well-known or technical meaning will be so construed.
In the event of conflict, the order of precedence of governing documents will be as set forth in Section 5.1 of the Instructions to Bidders.
1.2 Terms Defined
Acceptance: The formal written acceptance by City of a project that has been completed in all respects in accordance with the plans and specifications and any modifications.
Addendum: The modification of the plans and/or specifications issued to all prospective bidders during the period when necessary to change, correct, clarify, or further define any phase of the work.
Bidder: Any person submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
City: The City of Camarillo, County of Ventura, State of California City Clerk: The City Clerk of City.
City Council: The City Council of City.
City Engineer/Engineer of Work/Engineer: The City Engineer of City or his/her duly authorized deputies, agents, representatives or inspectors.
Contractor: The successful bidder who is awarded the Contract.
Days: Calendar days, unless business days or work days, are expressly specified.
Materials: Any material, equipment, appliance, process, item or article of any nature whatsoever installed or incorporated into the work or provided to City under the Contract.
Project: The project is the total improvement, of which the work performed under the Contract may be the whole or a part.
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Punch List: List of corrective items, determined by the Engineer, which must be completed by the Contractor.
Special Provisions: Any provision in the Contract Documents that supplements, modifies and, when in conflict, supersedes these General Conditions/Specifications.
Standard Specifications/Green Book/SSPWC: Standard Specifications for Public Works Construction, 2018 edition, written and promulgated by Public Works Standards, Inc. and all supplements thereto.
State Standard Plan: Standard Plans prepared by the State of California, Business & Transportation Agency, Department of Transportation, latest edition.
Subcontractor: Any subcontractor under Contractor.
Work: That which is proposed to be constructed or done under the Contract, in strict accordance with the Contract Documents, including the furnishing of all necessary or convenient tools, equipment, material, labor and transportation.
Working Days: A working day is defined as any day, except Saturdays, Sundays, legal holidays and except days when Work is suspended by the Engineer, and any other day determined to be non-working in accordance with the Contract Documents.
1.3 General Conditions/Specifications
The provisions of these General Conditions/Specifications and any other Contract Document supersede the SSPWC to the extent that the provisions supplement, modify or conflict with the SSPWC in accordance with Section 5.1 of the Instructions to Bidders.
1.4 Abbreviations
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APWA American Public Works Association
ASME American Society of Mechanical Engineers
AWS American Welding Society
AWWA American Water Works Association
EIA Electronic Industries Association
IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
NEMA National Electrical Manufactures Association
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SSS State of California Standard Specifications, Latest edition, Department of Public Works, Department of Transportation VCSS Ventura County Standard Specifications
2. Work and Material Requirements
2.1 Use of Premises
(a) Contractor must confine all tools and equipment, the storage of materials, and the operation of workers to areas designated by the Engineer. (b) With respect to any premises, tools or equipment of City made use of in the performance of the Contract, Contractor will be deemed to have inspected the same prior to use, have accepted them in good and safe condition and have agreed to maintain them in a safe condition for the protection of workmen while using them during the performance of the Work.
2.2 Materials Furnished By City
Materials furnished by City will be available at locations designated in the Special Provisions, or if not designated in the Special Provisions, will be delivered to a single location of City’s choice within the project area. The materials will be hauled to the site of installation by Contractor at its expense, including any necessary loading and unloading that may be involved.
The cost of handling and placing materials furnished by City will be considered as included in the price paid for the item involving such furnished material.
2.3 Or Equal
In the event that an item is called for by a specific product or trade name, Contractor will have 35 days after the award of the Contract for submission of data substantiating a request for a substitution of “an equal” item. In the event Contractor furnishes any “or equal” material more expensive than that specified in the bid form, the difference in cost of such material so furnished will be borne by Contractor under Public Contract Code section 3400.
2.4 Samples
Contractor must furnish for approval, within 35 days following notice of award of Contract, all samples as required in specifications together with catalogs and supporting data required by the Engineer. This provision does not authorize any extension of time for performance of the Contract. The Engineer will review such samples only for conformance with design and concept of Work and for compliance with information given in the Contract Documents. Work must be in accordance with approved samples under Public Contract Code section 3400.
2.5 Warranty
(a) The labor and materials bond must remain in effect until expiration of six months after the period in which verified claims may be filed as provided in Civil Code section 9356, and the performance bond must be paid up and in effect for one year after the acceptance of the job by City in accordance with the guarantee required by Subsection 2.5(b), below.
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(b) Besides warranties and guaranties otherwise required by the Contract Documents, Contractor warrants and guarantees all Work for a period of one year after date of acceptance of the Work by City, unless a longer period is specified, and must repair or replace any or all such Work, together with any other Work, which may be displaced in so doing, that may prove defective in workmanship, materials or both within one year from date of acceptance without expense whatsoever to City, ordinary wear and tear, unusual abuse or neglect excepted. The Engineer will give notice of observed defects with reasonable promptness.
Contractor must notify the Engineer upon completion of repairs. (c) In the event Contractor fails to commence the corrective work within 10 days after being notified in writing to do so by the Engineer and prosecute the corrective work to timely completion, City may proceed to have defects corrected and made good at the expense of Contractor who must pay the costs and charges of such corrective work immediately on demand.
(d) If, in the opinion of the Engineer, defective work creates a condition that requires immediate corrective work, the Engineer will attempt to give the notice required by this Section.
If Contractor cannot be contacted or does not comply with City’s request for correction within a reasonable time as determined by the Engineer, City may, notwithstanding the provisions of this Section, proceed to make such corrective work, and Contractor will be liable for costs of such corrective work. Such action by City will not relieve Contractor of the warranties and guaranties provided in this Section or elsewhere in the Contract.
(e) This Section does not in any way limit the warranty or guaranty on any material for which a longer warranty or guaranty is specified in the Contract Documents or on any items for which a manufacturer gives a warranty or guaranty for a longer period. Contractor must furnish the Engineer with all appropriate warranty and guaranty certificates upon completion of the Work.
(f) For federally funded transportation projects, City does not require a warranty and the applicable bonds may be exonerated administratively.
2.6 Liens
No materials, supplies, tools or equipment for Work under this Contract may be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest herein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all materials installed or incorporated in the Work by Contractor or any subcontractor and agrees upon completion of all Work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by Contractor, to City free from any claim, liens, or charges. Contractor further agrees that neither Contractor nor any person furnishing any materials, supplies, tools, equipment or labor for any Work covered by this Contract will have any right to lien upon the premises or any improvement or appurtenance thereon, except that Contractor may install metering devices or other equipment of utility companies or of political subdivisions title to which is commonly retained by utility companies or political subdivisions. In event of the installation of any such metering device or equipment, Contractor will so advise City. Nothing contained in this article, however, will defeat or impair the rights of persons furnishing material or labor under any bond given by Contractor for their protection or any rights under any law permitting such persons to look to funds due Contractor in the hands of City, and this provision will be inserted in all subcontracts and material contracts and notice of its provisions will be given to all persons furnishing material for Work when no formal contract is entered into for such material.
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2.7 Manufacturer’s Recommendations
Where the manufacturer of any material or equipment provides written recommendations or instructions for its use or method of installation (including labels, tags, manuals or trade literature), such recommendations or instructions must be complied with, except where the Contract Documents specifically require deviations.
2.8 Certificates of Compliance
The City Engineer may require certificates of compliance with the specifications for materials or manufactured items produced outside of the job site. Such certificates will not relieve Contractor from the requirements of providing materials and manufactured items complying with the specifications even though they have been incorporated into the job.
3. Grading Ordinance
(a) All excavation, filling and grading operations in Camarillo are governed by City’s Grading Ordinance. No grading permit is required of Contractor for Work performed within the limits of the project right-of-way shown on the plans.
(b) Materials, exported or wasted outside of the project right-of-way shown on the plans, are subject to all requirements of the Grading Ordinance. The requirements may include, but are not limited to, submitting a grading plan prepared by a civil engineer, obtaining a grading permit, paying the permit fee, posting a grading bond, hiring professionals for engineering and testing services, compacting fills, constructing drainage facilities, and providing erosion protection. These requirements are the responsibility of the owner of the land on which the material is placed. To ensure that neither City nor Contractor are a party to aiding or abetting any property owner to violate the Grading Ordinance, no material may be exported or wasted outside the limits of the project right-of-way until Contractor has furnished the Engineer a copy of the grading permit or certificate of exemption covering such operation on land where the material is to be deposited.
4. Progress Payments to Contractor
4.1 Progress Payments to Subcontractors
Contractor must pay to any subcontractor, no later than seven days after receipt of each City progress payment, unless otherwise agreed to in writing, the respective amounts allowed Contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest in the progress payment. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the Contractor to a subcontractor, the Contractor may withhold no more than 150% of the amount disputed.
In all contracts between Contractor and its subcontractors, the percentage of the retention of proceeds withheld may not exceed the percentage specified in the Contract Documents between the City and the Contractor.
4.2 Substitution of Securities
Pursuant to Public Contract Code section 22300 and upon Contractor’s request, City will make payment of funds retained from progress payments for performance security, if Contractor deposits in escrow with City’s Finance Director or with a state or federal chartered CC Agreement No. 2023-149
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bank acceptable to City as escrow agent, securities eligible for the investment of City funds under Government Code section 16430 or bank or savings and loan certificates of deposit.
Securities may be substituted upon the following terms and conditions:
(a) Contractor will bear all expenses in connection with the escrow deposit made. (b) Securities or certificates of deposit must be of a value equal to 100% of the amounts of retention to be paid to Contractor.
(c) Contractor must enter into an escrow agreement that is substantially the same as set forth in Public Contract Code section 22300.
(d) Contractor must obtain the written consent of the surety to the escrow agreement.
5. Time for Completion
5.1 Payment for Delays to Contractor
Contractor will be compensated when any extension of time is granted for delays caused solely by action or inaction of City, which the Engineer determines materially increases or decreases the costs of any portion of the Work. If the Engineer determines that compensation is not justified, Contractor will be so advised in writing. Contractor may then submit a notice of potential claim to the Engineer, as provided in the Standard Specifications relative to disputed Work.
5.2 Rights of City to Increase Working Days
If such Work is not completed within the time for completion, the City Council has the right to increase the number of working days in the amount it may determine will best serve the interests of City, and, if it desires to increase the number of working days, it has the further right to charge Contractor and deduct from the final payment for the Work, the actual cost of engineering, inspection, superintendence, and other overhead expenses that are directly chargeable to Contractor, and that accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates may not be included in such charges.
6. Construction Schedule and Commencement of Work
6.1 Proposed Construction Schedule
(a) After notification of award and prior to the start of any Work, Contractor must submit to the City Engineer for approval the proposed construction schedule. The construction schedule must be in the form of a Critical Path Method (CPM) in sufficient logic and detail to show the chronological relationship of all activities of the project, including, but not limited to, estimated starting and completion dates of various activities, procurement of materials and scheduling of equipment, work of subcontractors, interface with work by others, and other tasks required to complete the project. The level of detail must be consistent with the complexity of the project as determined by the City Engineer. The construction schedule must reflect completion of all Work included in the Contract within the Completion Time in accordance with these specifications. A construction schedule showing the project complete in less than the Completion Time will not be accepted. The construction schedule must be cost loaded on a monthly basis.
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(b) If Contractor desires to make a major change in its method of operation after commencing construction, or if its schedules fail to reflect the actual progress, it must submit to City a revised construction schedule in advance of beginning any revised operations. (c) The baseline construction schedule must utilize the Completion Time included in the Contract and must not extend beyond the number of working days. The baseline schedule must have a date of the first working day of the Contract and not include any completed work to date. The baseline construction schedule must not attribute negative float or negative lag to any activity. If the Contractor intends to complete the Work prior to the time of completion, the intended date of completion must be set forth in the construction schedule and the Contractor must execute a zero-cost Contract Change Order that reduces the number of working days allowed for completion to conform to the intended completion date. (d) Float, slack time, or contingency within the schedule and the total float within the overall construction schedule, is not for the exclusive use of the Contractor or the City, but is jointly owned and is a resource to meet Contract milestones and the Contract Completion Time.
The Contractor must not sequester shared float through such strategies as extending activity duration estimates, using preferential logic, or using extensive crew/resource sequencing. Since float time within the construction schedule is jointly owned, no time extensions will be granted nor delay damages paid unless a delay occurs that extends the Work beyond the Contract Completion Time. Since float time within the construction schedule is jointly owned, it is acknowledged that City caused delays can be offset by City caused time savings. Therefore, the Contractor will not be entitled to receive a time extension or delay damages until all City caused time savings are exceeded and the Contract Completion Time is also exceeded. (e) If the Contractor has fallen behind the accepted Construction Schedule by more than 15 percentage points based on earned progress payments, the Contractor must take steps, including, but not limited to, increasing the number of personnel, shifts, and/or overtime operations, days of work, and/or amount of construction equipment until such time as the Work is back on schedule. Contractor must also submit for review no later than the next request for partial payment, such supplementary schedule or schedules as may be deemed necessary to demonstrate the manner in which the rate of progress will be regained. All cost required to bring the Project back on schedule will be borne by the Contractor without additional cost to the City.
(f) If the Contractor falls behind the accepted construction schedule, as modified by such time extensions as may have been granted by the City for unavoidable delays, by more than 35 percentage points based on earned progress payments, the Contractor will be deemed in material breach of Contract and the Work turned over to the surety for completion within the scheduled time.
(g) Contractor must include in the schedule, detailed information for each operation.
When the project schedule includes multiple streets or sites, Contractor must include detailed information for each street or site. When notifications or parking restrictions are required such dates must be included in the schedule.
(h) Contractor must provide critical path schedules in legible hardcopy format and must also submit schedules with each update in an editable electronic format compatible with MS Project or Primavera as directed by Engineer.
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6.2 Beginning of Work
(a) The delivery to City, for execution and approval of the Contract Documents properly executed on behalf of Contractor and surety, constitutes Contractor’s authority to enter upon the site of the Work and to begin operations, subject to its assumption of the risk of the disapproval of the Contract, as herein provided, and subject also to the following:
(1) Contractor’s receipt from City for the properly executed Contract Documents, including bonds and certificates of insurance. (2) City may, for any reason, order Contractor not to enter upon the site of the Work, which order will nullify the authority of Contractor to enter upon the site prior to receipt of the Notice to Proceed.
(3) Notice in writing of Contractor’s intention to start Work prior to approval, specifying the date on which Contractor intends to start, must be given to the Engineer at least 48 hours in advance.
(4) Contractor must, on commencing operations, take all precautions required for public safety and observe all the provisions in these General Conditions/Specifications and any Special Provisions.
(5) In the event of disapproval of the Contract, Contractor must, at its expense, do such Work as is necessary to leave the site in a neat condition to the satisfaction of the Engineer. If the Work done affects any existing road or highway, Contractor must, at its expense, restore it to its former condition or the equivalent thereof to the satisfaction of the Engineer.
(6) All Work done according to the Contract prior to its approval will, when the Contract is approved, be considered authorized Work and will be paid for as provided in the Contract.
(b) Entry upon the site without authority will be treated as trespassing. (c) Should Contractor begin the Work in advance of receiving notice that the Contract has been approved as provided above, any Work performed by Contractor in advance of the date of approval will be considered as having been done by Contractor at Contractor’s own risk and as a volunteer unless the Contract is so approved. (d) Contractor may start the Work at any time after the Notice to Proceed is issued, but Work must begin within the number of days indicated on the Bid Proposal after the starting date for the Contract, or at such other times as may be indicated in the Special Provisions. The actual date on which Contractor starts the Work will not affect the required item for completion as provided for in the Contract.
(e) If required by the Special Provisions, Contractor must start construction operations on that part of the project designated by the Engineer. (f) Contractor must perform all the Work in such a manner and with sufficient materials, equipment, and labor to insure its completion in accordance with the plans and specifications within the time set forth in the Contract.
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6.3 Temporary Suspension of Work
(a) Should suspension of the Work be ordered by reason of the failure of Contractor to carry out orders or to perform any provisions of the Contract; or by reason of weather conditions being unsuitable for performing any item or items of the Work; Contractor, at its expense, must take all steps necessary to provide and maintain a safe, smooth, and unobstructed passageway through construction for use by public traffic during the period of such suspension. In the event that Contractor fails to take such steps, City may perform such tasks and the cost thereof will be deducted from monies due Contractor. (b) If the Engineer orders a suspension of all of the Work or a portion of the Work which is the current controlling operation or operations, due to unsuitable weather or to such other conditions as are considered unfavorable to the suitable prosecution of the Work, the days on which the suspension is in effect will not be considered working days for the purpose of calculating Contractor’s time of performance.
(c) If a portion of the Work at the time of such suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.
(d) If suspension of the Work is ordered by the Engineer, due to the failure on the part of Contractor to carry out orders given or to perform any provision of the Contract, no time extension for such suspension will be granted.
6.4 Starting of Contract Time
As soon as practicable after the Contract has been executed by both parties, a Notice to Proceed will be issued by City stating the starting date of the Contract time, which will be as stated in the Notice to Proceed, unless otherwise provided in the Special Provisions.
6.5 Liquidated Damages
The parties agree that time is of the essence in the completion of the Work, and that in case all the Work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in the Contract Documents, as modified by extensions of time granted by City, damage will be sustained by City. As it is impracticable to determine the actual delay damage, the parties agree that Contractor must pay liquidated damages to City in the amount set forth on page 1 of the Bid Proposal, per calendar day for each and every calendar day’s delay beyond the time prescribed to complete the Work. If Contractor fails to pay the liquidated damages, City may deduct the amount from any monies due or that may become due Contractor under the Contract.
7. Subcontracting
7.1 Subcontractors Bound By Contract
Contractor agrees to bind every subcontractor by the terms of the Contract as far as such terms are applicable to the subcontractor’s work. If Contractor subcontracts any part of this Contract, Contractor will be fully responsible to City for the acts and omissions of every subcontractor and of persons either directly or indirectly employed by every such subcontractor.
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Nothing contained in the Contract Documents, however, creates any contractual relation between any subcontractor and City.
7.2 City Consent to Subcontractors
City’s consent to, or approval of, any subcontractor under the Contract does not in any way relieve Contractor of its obligations under the Contract nor will such subcontract or approval be deemed to waive any provision of the Contract between City and Contractor.
8. Work By Others
8.1 City’s Right to Award Other Contracts
(a) City reserves the right to award other contracts in connection with the project.
Nothing in these General Conditions/Specifications may be interpreted as granting to Contractor exclusive occupancy at the site of the project.
(b) If simultaneous execution of any contract is likely to cause interference with performance of some other contract or contracts, City will decide which contractor must cease Work temporarily and which contractor must continue or whether Work can be coordinated so that contractors may proceed simultaneously. Notwithstanding any other provision of these General Conditions/Specifications, City is not responsible for any damages suffered or extra costs incurred by Contractor resulting directly or indirectly from the award or performance or attempted performance of any other contract or contracts on the project, or caused by any decision or omission of City respecting the order of precedence in performance of contracts.
8.2 Contractor’s Responsibilities
Contractor must ascertain to its own satisfaction the scope of the project and nature of any other contracts that have been or may be awarded by City in prosecution of the project to the end that Contractor may perform the Contract in consideration of such other contracts, if any.
Contractor must afford other contractors and utilities reasonable opportunity for introduction and storage of their materials and execution of their tasks and must properly connect and coordinate its efforts with theirs. Contractor may not cause any unnecessary hindrance or delay to any other contractor working on the project.
If any part of Contractor’s Work depends for proper execution or results upon Work of any other contractor, Contractor must inspect and promptly report to the City Engineer any defects in such Work that render it unsuitable for such proper execution and results. Its failure so to do constitutes a waiver by Contractor of any claim of delay caused by events beyond Contractor’s control.
9. Authority of the Engineer
9.1 General Authority
The Engineer will decide any and all questions which may arise as to the quality or acceptability of materials furnished and Work performed, and as to the manner of performance and rate of progress of the Work, and must decide all questions that may arise as to the interpretation of the drawings and specifications, and all questions as to the acceptable CC Agreement No. 2023-149
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fulfillment of the Contract on the part of Contractor, and as to compensation. The Engineer’s decisions are final and the Engineer has authority to enforce and make effective such decisions and orders.
9.2 Interpretation of Drawings and Specifications
The Engineer will interpret the meaning of any part of the drawings and specifications about which any misunderstanding may arise and the Engineer’s decision will be final. Should there appear to be any error or discrepancy in or between the drawings and specifications, Contractor must refer the matter to the Engineer for adjustment before proceeding with the Work. Should Contractor proceed with the Work without so referring the matter, it does so at its own risk.
9.3 Inspection
(a) The Engineer must be provided full access to all operations involving the Work under the Contract and be provided reasonable advance notice of the time and place of operations which the Engineer desires to observe. The Engineer must be provided with all requested samples of materials and Work for testing purposes. (b) Contractor must furnish the Engineer reasonable facilities for obtaining such information as may be necessary to keep the Engineer fully informed respecting the progress and the manner of the Work. The Engineer’s inspection of the Work will not relieve Contractor from any obligation under the Contract. The Engineer has authority to stop any Work whenever provisions of Contract Documents are not being complied with and Contractor must instruct its employees and any subcontractors accordingly.
9.4 Disputes Pertaining to Payment for Work
Should any dispute arise respecting the true value of any of the Work done, of any of the Work omitted, or any extra Work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute will be decided by the Engineer.
10. General Provisions
10.1 Utilities
(a) All utilities, including but not limited to, electricity, water, gas, telephone used on the Work will be furnished at Contractor’s sole expense. Contractor must furnish and install necessary, temporary distribution systems, including meters, from distribution points to points on site where utility is necessary to carry on the Work. Upon completion of the Work, Contractor must remove all temporary distribution systems. Unless otherwise indicated, the Contractor must also arrange for permanent utilities as necessary for completion and operation of the work. Contractor must pay for utilities until the “Project Acceptance and Final Payment” form is executed and the Work is accepted by the Engineer. (b) If the Contract is for an addition to an existing structure, Contractor may, with written permission of the Engineer, use City’s existing utilities to carry on the Work by making prearranged payments to City.
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10.2 Water Supply
Water may only be used in the service area of the applicable water purveyor.
Water may not be imported or exported from one water purveyor’s service area to another water purveyor’s service area. If the work area crosses multiple water purveyor’s service areas, one fire hydrant meter from each water purveyor must be obtained, and water from each fire hydrant meter may only be used in the applicable water service area for each water purveyor.
All water used other than through a service connection and meter must be through a fire hydrant meter. Hydrant meters will be installed by the City of Camarillo Water Division or applicable water purveyor and moved from one location to another only upon approval of the City of Camarillo Water Division or other applicable water purveyor. The Contractor must pay all applicable fees and charges related to the construction water account, including but not limited to deposits, installation, inspection and related costs.
Water used will be charged at the unit rate per 100 cubic feet as currently established by City Council resolution or by the applicable water purveyor.
10.3 Dust Control
Contractor must provide such dust control equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by its operations, and failure to control such dust will be cause for the Engineer to stop the Work until the dust is controlled. Contractor will have no recourse to collect from City for any loss of time or expense sustained by Contractor due to such suspension of the Work.
10.4 Removal and Disposal of Structures and Obstructions All fences, trees, and obstructions of any nature to the execution of the Work removed by Contractor must be disposed of, reused or delivered to City’s Corporation Yard as required. These tasks are to be included in the cost of other items bid on, if there is no item covering the same. Any obstruction that is privately owned that is removed by Contractor must be replaced or compensated at Contractor’s sole expense to the satisfaction of the Engineer.
10.5 Surveys
Surveys to determine location of property lines and corners, locations of construction, grading and site Work must be supplied by Contractor.
No survey information beyond the information on the plans will be provided by the Engineer. Contractor must preserve all stakes set for the lines, grades or measurements of the Work until authorized to remove them by the Engineer. Any expense incurred in replacing such stakes which Contractor may have failed to preserve will be borne by Contractor.
10.6 Layout and Field Engineering
All field engineering required for laying out the Work and establishing grades for earthwork operations will be furnished by Contractor at its sole expense. Such engineering will be done by a qualified Civil Engineer approved by the Engineer. Any required “as built” drawings of site development must be prepared by the approved Civil Engineer at Contractor’s sole expense.
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10.7 Traffic Requirements
(a) Street Closures, Detours, and Barricades.
(1) Street closures require discretionary City Council authorization and are not allowed unless no safe and effective alternative exists. Contractor must prepare a comprehensive justification for the proposed alternative.
Contractor must consider contract time in the justification, and allow at least 45 calendar days for City review and processing. Meetings, including those outside normal working hours may be necessary. (2) All costs involved in complying with the following requirements for street closures, detours and barricades will be borne by Contractor. (3) Contractor must notify the Engineer at least 5 working days before closing or partially closing any street. The Contractor must arrange detour routes and issue signing instructions, if required. All detour routes must be submitted for approval by the Engineer at least 10 working days before the detour.
(4) Contractor must notify the following agencies, at least 48 hours in advance of the closing, partial closing, or opening of any street or alley:
Camarillo Police Department 805-388-5100
Ventura County Fire Department 805-389-9710
Camarillo Public Works Department 805-388-5340
Camarillo Streets Division 805-388-5338
E.J. Harrison 805-207-0159
Camarillo Post Office 805-383-9804
Camarillo Area Transit 805-388-5346
(5) Contractor must install, maintain, and remove all temporary barricades, lights, warning signs, and other facilities necessary to control traffic as specified in the California Manual on Uniform Traffic Control Devices (CMUTCD). Materials for a temporary facility may be provided from new or used materials. If used materials are provided, they must be sound, in good condition, and otherwise meet the requirements of new materials. (6) If at any time any portion of the street is obstructed to traffic, Contractor must post “No Parking Anytime” signs on both sides of the street for a distance of 300 feet beyond the obstructed portion of the street. (7) In addition to the lane width specified in subsection (b) below, Contractor must maintain a minimum clearance of three feet to excavations and a minimum of two feet to curbs and other obstructions. When traffic patterns required by the Work are such that opposing lanes of traffic must cross the existing centerline, Contractor must separate the opposing lanes at intervals, not to exceed 25 feet, or as directed by the Engineer. (b) Minimum Requirements for Maintaining Traffic Flow: Traffic in each direction must be maintained on all streets at all times. Traffic lanes of at least 10 feet must be used.
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10.8 Tests and Inspections
(a) If the Contract, or any laws, ordinances, regulators or any public authority requires any of the Work to be specially inspected, tested or approved, Contractor must give notice in accordance with such authority of its readiness for such inspection or test at least two working days prior to such inspection. If inspection or testing is by an authority other than City, Contractor must arrange for such inspection or testing, and Contractor must also give at least two working days prior written notice to the authority and the Engineer of the date fixed for such inspection. Required certificates of inspection or approval must be secured by Contractor. The Engineer will promptly make observations, where practicable, and do so at the source of supply.
If any of the Work is covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for inspection or testing and satisfactorily reconstructed at Contractor’s sole expense in strict accordance with the Contract Documents. Costs of tests and inspections of any materials found to be not in compliance with the Contract must be paid for by Contractor at its sole expense. Other costs for tests and inspection of materials will be paid by City.
(b) Where such inspection and testing are to be conducted by an independent laboratory agency, such materials or samples of materials to be tested will be selected by such laboratory or agency, or the Engineer, and not by Contractor. (c) Contractor must notify the Engineer in writing a sufficient time in advance of manufacture of materials to be supplied under contract, which must by terms of the contract be tested, in order that the Engineer may arrange for testing of same at the source of supply. Any materials shipped by Contractor from the source of supply prior to having satisfactorily passed such testing and inspection, or prior to receipt of notice from the Engineer that such testing and inspection will not be required, may not be incorporated in the Work without prior approval of the Engineer and subsequent testing and inspections.
(d) Re-examination of questioned Work may be ordered by the Engineer and, if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City will pay the costs of re-examination and replacement. If such Work is found not to be in accordance with the Contract Documents, Contractor must pay the costs at its sole expense.
10.9 Soils Investigation Report
When a soils investigation report is available from City, such report will not be a part of the Contract. Any information obtained from such report or any information given on drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, and does not form a part of the Contract.
Contractor is required to make a visual examination of site and must make whatever tests it deems appropriate to determine underground condition of soil.
10.10 Compaction Tests
(a) Contractor must perform compaction tests as required by the City Engineer, in accordance with ASTM D-1557 or California Test Method No. 216. (b) Contractor must bear the total expense of all failing tests.
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10.11 Cutting and Patching
(a) Contractor must do all cutting, fitting, or patching of the Work as required to make its several parts come together properly and fit to receive or be received by other contractors showing upon, or reasonably implied by, the drawings and specifications for the completed project, as the Engineer may direct. All costs caused by defective or ill-timed Work will be borne by the Contractor.
(b) Contractor may not endanger any of the Work by cutting, excavating, or otherwise altering the Work and may not cut or alter any Work of any other contractor, except with the written consent of the Engineer.
10.12 Earthquake and Tidal Wave Damage
Notwithstanding the provisions of Subsection 4-1.2 of the SSPWC, when the Governor of California or the President of the United States declares that the area where the Work is being constructed is a disaster area due to earthquakes or tidal waves, Contractor will be relieved of the responsibility for repairing damage to the Work caused by earthquake or tidal wave, unless such damage results from negligent acts or omissions of Contractor.
10.13 Highway and Railroad Permits
The Engineer will obtain the basic state highway and railroad encroachment permits, which will include checking of plans. Contractor must also obtain its own permits from these agencies. Inspection and permit fees charged by these agencies must be paid by Contractor. Any other permits must be obtained by Contractor at no additional cost to City.
10.14 Noise Control
Construction Noise Level Limits: Construction operations must comply with City of Camarillo Municipal Code, specifically Chapter 10.34, Noise Regulations.
11. Acceptance of Work
11.1 No Waiver of Legal Rights
(a) City will not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the Work and payment therefor from showing the true amount and character of the Work performed and materials furnished by Contractor, nor from showing that any such measurement, estimate, or certificate is untrue or is incorrectly made, nor that the Work or materials do not in fact conform to the Contract.
(b) City will not be precluded or estopped, notwithstanding any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from Contractor or its surety, or both, such damages as it may sustain by reason of Contractor’s failure to comply with the terms of the Contract.
(c) Neither the acceptance by the Engineer nor by the Engineer’s representative nor any payment for or acceptance of the whole or any part of the Work, nor any extension of time, nor any possession taken by the Engineer will operate as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages.
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(d) A waiver of any breach of the Contract will not be held to be a waiver of any other or subsequent breach.
11.2 Non-Complying Work
Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the City, will constitute an acceptance of any of the Work not done in accordance with the Contract Documents or relieve Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship.
11.3 Fulfillment of Contract
Contractor must, at its sole expense, protect and care for all the Work it performs until the Contract has been fulfilled to the satisfaction of, and the Work has been accepted in writing by, the Engineer. The date upon which the Engineer accepts the Work as complete will be the date that Contractor is relieved from responsibility to protect the Work.
11.4 Correction of Work Before Acceptance
(a) Contractor must promptly remove from the site or premises all Work determined by the Engineer as failing to conform to Contract, whether or not installed or incorporated.
Contractor must promptly replace and re-execute the Work to comply with the Contract Documents without additional expense to City and will bear the expense of making good all Work of other contractors destroyed or damaged by such removal or replacement. (b) If Contractor does not remove such nonconforming Work within a reasonable time, City may remove it and may store the material at Contractor’s expense. If Contractor does not pay expenses of such removal within 10 days’ time thereafter, City may, upon 10 days’ written notice, discard such materials or sell such materials at auction or at private sale and will provide an accounting to Contractor for net proceeds of such sale, after deducting all costs and expenses that should have been borne by Contractor.
11.5 Deductions for Uncorrected Work
If City deems it inexpedient to correct any Work injured or not done in accordance with the Contract, City will make an equitable deduction from the Contract price.
11.6 Final Clean Up
Upon completion of the Work and before acceptance and final payment will be made, Contractor, as its sole expense, must clean the Work area and all premises occupied by it in connection with the Work. All rubbish, weeds, graffiti, one-call USA markings, excess materials, falsework, temporary structures, tools and equipment must be removed and all parts of the Work must be left in a neat and presentable condition. All excavations left by removal of structures must be filled and compacted with clean suitable soil acceptable to the Engineer.
11.7 Certificate as to Compliance With Certain Regulations Contractor must file with Engineer, prior to the acceptance of the Work, a certificate in form substantially as follows:
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I (We) hereby certify that all of the Work has been performed and materials supplied in accordance with the specifications, drawings, and Contract Documents for the Work and that:
(a) no less than the prevailing rates of per diem wages as ascertained by the Director of Industrial Relations has been paid to workers employed on this Work and a copy of these rates has been posted and maintained at the Work site at all times during the course of the Work;
(b) there have been no unauthorized substitutions of subcontractors; nor have any unauthorized subcontracts been entered into;
(c) no subcontract was assigned or transferred or performed by anyone other than the original subcontractor, except as provided in the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100 and following; and
(d) all claims for materials and labor and other services performed in connection with the Contract Documents have been paid.
12. Claims between City and Contractor
12.1 Definition of Claim
As used in this section, “claim” means a separate demand by Contractor, sent by registered mail or certified mail with return receipt requested, for (1) a time extension (including, without limitation, for relief from damages or penalties for delay assessed by the City), (2) payment of money or damages arising from Work done by or on behalf of Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City.
12.2 Notice of Potential Claim Procedure
(a) Contractor agrees that it may not be entitled to the payment of any additional compensation for any claim that may be based on any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, RFI response, or for the happening of any event or occurrence, unless the Contractor has given the Engineer written notice of a potential claim as provided in this subsection.
(b) The written notice of a potential claim must be submitted on the City’s claim form and certified with reference to the California False Claims Act, Government Code sections 12650-12655. The written notice of potential claim must include the following information:
(1) The complete nature and circumstances of the dispute which caused the potential claim.
(2) The Contract provisions that provide the basis of the claim. (3) The estimated cost of the potential claim, including an itemized breakdown of individual costs and how the estimate was determined.
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(4) A time impact analysis of the project schedule that illustrates the effect on the scheduled completion date due to schedule changes or disruptions where a request for adjustment of contract.
(c) The written notice of potential claim must be submitted to the Engineer prior to the time that the Contractor performs any additional work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer and for which is not expressly provided for under this Contract. The Contractor must provide the Engineer the opportunity to examine the site or Work and respond within five business days from the date the notice of potential claim was submitted to the Engineer. The Contractor must then proceed with the performance of the additional work unless otherwise specified or directed by the Engineer.
When the affected work is completed, the Contractor must submit substantiation of the Contractor’s actual costs and total amount of the claim within 10 days of completing the work.
Failure to do so will be sufficient cause for denial of any claim subsequently filed on the basis of the notice of potential claim.
(d) In all other cases, the written notice of potential claim must be submitted to the Engineer within 15 days after the happening of the event, occurrence or other cause, giving rise to the potential claim.
12.3 Claim Processing Procedure
All claims for which a written notice of potential claim was filed and which claim is not resolved promptly resolved under subsection 12.2 will be processed and resolved in accordance with Public Contract Code section 9204, which is hereby incorporated by this reference, and the provisions of section 9204 are generally set forth in this subsection. This subsection and the requirements of Public Contract Code will not preclude the claimant and City from entering into a written waiver of the claim processing procedures outlined in this subsection and electing to resolve the dispute by arbitration pursuant to Public Contract Code section 10240 and following.
(a) The claimant must submit a written claim that includes reasonable documentation necessary to substantiate the claim.
(b) Upon receipt of the claim, the City and the claimant may, by mutual written agreement, extend the time period for the City to respond to the Contractor’s claim. (c) City will respond in writing to any written claim within: (i) 45 days of receipt of the claim; (ii) the extended time period according to Section 12.3(b); or (iii) where the City Council does not meet within 45 days or the extended time period, three days after the next duly publicly noticed meeting on calendar.
(d) The City’s written response will identify the disputed and undisputed portions of the claim, and the City will process payment for any undisputed claims within 60 days after the written statement referenced in Section 12.3(c). If the claimant disputes City’s written response, or City fails to respond within the time prescribed in Section 12.3(c), the claimant may so notify City, in writing, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, City will schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City will provide the CC Agreement No. 2023-149
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Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (f) Any disputed portion of the claim, as identified by the claimant in writing, must be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators may select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party bears the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute may be resolved through other means, including civil action or arbitration in accordance with Public Contract Code sections 20104.4 and 20104.6.
13. Assignment of Rights
In entering into this Contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment will be made and become effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. (Pub. Con. Code § 7103.5.)
14. Prohibited Interests
No official, employee, or agent of City, nor any member of their immediate family, may have any direct or indirect interest in this Contract.
15. Labor Code Requirements
15.1 State Wage Determination
(a) Under California Labor Code section 1770 and following, Contractor must pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the Owner, which copies must be made available to any interested party on request, and are also available on the Internet at the website of the Department of Industrial Relations: http://www.dir.ca.gov/dlsr/PWD/index.htm. Contractor must post a copy of such determination at each job site.
(b) Under Labor Code section 1775, Contractor will, as a penalty to City, forfeit the statutory penalty each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. (c) Contractor must comply with all provisions of Labor Code section 1775.
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15.2 Compliance Monitoring
(a) The Work is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations (Labor Code § 1771.4). (b) Pursuant to Labor Code section 1771.4, Contractor and its subcontractor(s) must furnish the payroll records specified in Labor Code section 1776 directly to the Labor Commissioner and to the City, in the following manner:
(1) At least monthly or more frequently if specified in the contract with the awarding body.
(2) In a format prescribed by the Labor Commissioner.
(c) Contractor must post job site notices, as prescribed by regulation (Labor Code § 1771.4).
(d) If the City determines based on its review of the Contractor’s or any of its subcontractor’s certified payroll records that the Contractor or any subcontractor has underpaid its employees, then upon the second occurrence of such underpayment, the City reserves the right to obtain a certified payroll compliance monitoring consultant to assist the City in the additional work required to ensure Contractor or any subcontractor compliance and the associated costs will be the responsibility of the Contractor and will be deducted from Pay Estimates due to the Contractor.
15.3 Payroll Records
(a) Under Labor Code section 1776, Contractor and each subcontractor must keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by it in connection with the public work.
(b) The payroll records enumerated in subsection (a) above, must be certified and made available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
(1) A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subsection (a) must be made available for inspection or furnished upon request to a representative of the body awarding the Contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subsection (a) must be made available upon request by the public for inspection or copies thereof made. However, a request by the public must be made through either the body awarding the Contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the CC Agreement No. 2023-149
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requested payroll records have not been provided pursuant to subparagraph (2) above, the requesting party must, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal offices of Contractor.
(c) Contractor or any subcontractor must file a certified copy of the records enumerated in subsection (a) with the entity that requested the records within 10 days after receipt of a written request.
(d) Any copy of records made available for inspection and copies furnished upon request to the public or any public agency by City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement must be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of Contractor or any subcontractor performing the contract may not be marked or obliterated.
(e) Contractor must inform City of the location of the records enumerated under subsection (a), including the street address, city and county, and must, within five working days, provide a notice of change of location and address.
(f) Contractor or any subcontractor has 10 days in which to comply subsequent to receipt of written notice requesting the records enumerated under subsection (a). In the event of noncompliance with the requirements of this Section, Contractor must, as a penalty to the state or City, forfeit the statutory penalty for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. These penalties will be withheld from progress payments then due. Responsibility for compliance with Section 15.3 (a) through (f) lies with Contractor.
(g) For all projects, the payroll records enumerated in subsection 15.3 (a) above, must be delivered to the Labor Commissioner (no event less frequently than monthly) directly to the Labor Commissioner in the format prescribed by the Labor Commissioner. (h) For federally funded projects, Contractor must submit certified payroll records weekly to the Engineer.
(i) Upon request, Contractor must submit backup documentation for certified payroll records including cancelled checks, proof of payment of fringe benefits, time cards, apprenticeship documentation, and other backup records.
15.4 Apprentices
(a) Contractor must comply with Labor Code section 1777.5 and following, and Title 8, California Administrative Code section 200 and following, with respect to apprentices. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, Contractor and subcontractors should, where some question exists, contact the Division of Apprenticeship Standards prior to commencement of the Work. Responsibility for compliance with this Section lies with Contractor. City policy is to encourage the employment and training of apprentices on its construction contracts as may be permitted under local apprenticeship standards. These provisions require that contractors and subcontractors submit contract award information to the applicable joint apprenticeship CC Agreement No. 2023-149
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committee, employ apprentices in apprenticeable occupations in a ratio of not less than one hour or apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted in accordance with Section 1777.5), contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors may not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices as defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice agreements may be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions is fixed with the prime contractor for all apprenticeable occupations. Contractor agrees to provide Division of Apprenticeship Standards (DAS) Form 13 or any successor apprenticeship reporting form to City no later than the time of Contractor’s execution of the Contract Documents. (b) Contractor must comply with the requirements of Form FHWA 1273 (for federally funded projects), and Labor Code sections 1777.5 and 1776. In the event of conflict between the provisions, Contractor must comply with the most stringent provision that requires the largest number of apprentices.
15.5 Working Hours
(a) Contractor must comply with all applicable provisions of Labor Code section 1810 and following relating to working hours. Contractor will forfeit the statutory penalty to City for each worker employed in the execution of the Contract by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of eight hours at not less than one and a half (1-1/2) times the basic rate of pay. Contractor must comply with all requirements for payment of overtime and holiday rates of pay. (b) City may withhold from any monies payable on account of Work performed by Contractor or any subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor, for unpaid wages and liquidated damages as provided for in subsection (a), above.
15.6 Workers Compensation
(a) Under Labor Code sections 1860 and 3700, Contractor is required to secure the payment of compensation of its employees.
(b) Under Labor Code section 1861, Contractor must sign and file with City the following certification prior to performing the Work of the Contract: “I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
15.7 Protection of Workers in Trench Excavations
As required by Labor Code section 6705, whenever Work under the Contract involves the excavation of any trench or trenches five feet or more in depth, Contractor must submit for acceptance by City or by a registered civil or structural engineer, employed by City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan CC Agreement No. 2023-149
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showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches.
If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan must be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor will be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents.
Nothing in this Section may be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section may be construed to impose tort liability on City, the City Engineer, nor any City officers, agents, representatives, or employees. Unless a specific bid item is included in the Bid Proposal, payment for protection of workers in excavations requiring adequate sheeting, shoring, bracing and other safety provisions must be included in the bid item for mobilization. A separate item must be shown in the schedule of values for protection of workers in trench excavations. Contractor must obtain all necessary permits for excavation work from Cal/OSHA at Contractor’s expense.
16. Sales and Use Tax Cooperation
Contractor must take all steps reasonably necessary, as instructed by the Director of Finance, with respect to collection and reporting California Sales and Use Tax, to ensure that, to the extent legally possible, sales and use taxes collected for personal property purchased pursuant to this Contract, are reported with a point of sale within City.
17. Documentation of Status of Surety
Contemporaneously with the filing of a bid bond, labor and materials bonds, and faithful performance bond (or others), Contractor must obtain and file with City from the following documents:
(a) a certified copy of the unrevoked appointment Power of Attorney, By Laws or other instrument entitling or authorizing the person who executed the bond to do so; and (b) a certified copy of the Certificate of Authority of the issuer issued by the Insurance Commissioner of the State of California; and
(c) a certificate from the Clerk of the County where the principal office of the issuer is located that the Certificate of Authority of the issuer has not been surrendered, revoked, cancelled, annulled or suspended, or, in the event that it has been surrendered, revoked, cancelled, annulled or suspended, that renewed authority has been granted; and (d) copies of the insurers’ most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 of Chapter 1 of Part 2 of Division 1 of the Insurance Code (section 900 and following).
18. Construction and Demolition Waste
Contractor must provide an accurate estimate of the amount of construction debris recycled as a result of the project. Any materials that could have been disposed of in a landfill, but were instead processed and reused on the project or elsewhere will be considered recycled.
Amounts must be itemized with description of the items recycled and must be reported in either cubic yards or tons (see Appendix). Examples of recycled construction debris are: asphalt concrete grindings, chunks of broken asphalt concrete, PCC chunks, base, soil, metals, and CC Agreement No. 2023-149
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other similar materials. Contractor must sign the estimate of recycled construction debris and must certify that the estimate is accurate to the best of contractor’s knowledge. Contractor must provide this estimate prior to submittal of the final pay estimate and at such other reasonable intervals during the course of the project as requested by the Engineer.
19. Use of Premises
(a) The Work must be confined to City owned or controlled land or right-of-way as shown on the plans, unless otherwise expressly provided in the Contract Documents. If the right- of-way is not shown on the plans, the Contractor must field verify the right-of-way at no additional cost to the City. Contractor must provide at Contractor’s own expense and without liability to the City any additional land and access thereto that Contractor may desire for temporary construction facilities, or for storage and staging of materials.
(b) Contractor may not trespass upon or in any way disturb property adjacent to City owned or controlled land or right-of-way or outside any permanent or temporary project construction easements without first obtaining written permission from the applicable property owner. A copy of such written permission must be furnished to the Engineer. (c) If Contractor finds it necessary to obtain additional working area, it is the responsibility of Contractor to negotiate permissions, obtain applicable permits and pay all costs pertaining to the additional work area.
(d) If additional work area is required and obtained, the following requirements will apply:
(1) Contractor must restore such property to the full satisfaction of the property owner at no additional cost to the City, and must obtain from the property owner a written release stating that restoration has been satisfactorily made. Contractor must provide the Engineer a copy of the written release from the property owner.
(2) Contractor may not place or dispose any excess earth, stone, or other excavated material on any property without first obtaining necessary permits and written permission of the owner of the property and securing the approval of the City Engineer. Contractor must provide the Engineer with one copy of the property owner's written permission and one copy of a written release from the property owner stating that the work has been completed to the satisfaction of the property owner.
(3) All items within any City owned or controlled land or right-of-way or within any permanent or temporary construction easements must be removed, or removed and replaced, or restored as required by the Plans and Specifications, as directed by the Engineer.
CC Agreement No. 2023-149
CITY OF CAMARILLO
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS/SPECIFICATIONS
FOR THE
TREATED WATER DIVERSION – NORTH
PLEASANT VALLEY GROUNDWATER
DESALTER -
PROJECT NO. MC-2023-5
CC Agreement No. 2023-149
Project No. MC-2023-5 Table of Contents
SPECIAL PROVISIONS
TABLE OF CONTENTS
SECTION 700 GENERAL
SECTION 701 MOBILIZATION
SECTION 702 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) SECTION 703 MEASUREMENT AND PAYMENT
SECTION 704 COMPENSATION
APPENDICES
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Project No. MC-2023-5 Section 700
SECTION 700 – GENERAL
700-1 General Description of the Work
A. The work to be performed includes but is not limited to:
Furnishing all labor, materials, tools, and equipment necessary to modify existing piping, installation of flow meter (City Furnished), sidewalk, driveway and drainage improvements for treated water diversion and perform other related work as necessary to provide a complete project; all in accordance with the Standard Specifications, general conditions/specifications, plans, and these Special Provisions.
700-2 Standard Specifications and Details
A. The work provided herein these Special Provisions must conform to and be in accordance with the Contract Plans, General Conditions/Specifications and Special Provisions, as well as the 2018 edition Standard Specifications for Public Works Construction (”SSPWC”), written and promulgated by the Public Works Standards, Inc.; herein referred to as the “Standard Specifications”, the State of California Department of Transportation Standard Specifications; hereinafter referred to as the “State Standard Specifications”, California Manual on Uniform Traffic Control Devices (CMUTCD), City of Camarillo (City) Standards, City of Camarillo Water Division Standards, and Camarillo Sanitary District (District) Standards.
B. Whenever in the Contract Documents references are made to published specifications, codes, standards, or other requirements, it is understood that if a date is not specified, only the latest specifications, standards, or requirements of the respective issuing agency which have been published as of the date that the Work is advertised for bids will apply; except to the extent that such standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth herein or shown on the drawings will be waived because of any provision of, or omission from, the standards or requirements.
700-3 Order of the Work
A. The Contractor must control operations such that the following conditions can be met:
GENERAL:
1. Meet timelines noted on the Page A-1 of the Bid Proposal.
2. Meet other requirements of Special Provisions and Drawing Exhibits.
3. Contractor shall be limited to 2 shut downs, in total each up to 8 hours each.
4. Work Plans shall be coordinated and approved by Plant staff and Engineer 2 weeks prior to proposed shut downs.
B. The project has critical time schedule constraints that must be achieved by Contractor as indicated by the following milestone:
1. See timelines on Page A-1 of the Bid Proposal
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700-4 Requirements of the Work
A. All work must be coordinated with the Traffic Control Plan, Project Schedule, Contract Period, Submittals and other requirements of these Contract Documents.
B. The Contractor must maintain a minimum of one lane, not less than twelve (12) feet wide, in each direction of travel at all times.
C. No major intersections (four lanes or more on each street) may be restricted before 9:00 a.m., and such intersections must be opened by 3:00 p.m. unless specifically indicated in the approved traffic control plans for each location or upon prior approval by the City.
D. All movements at intersections must be maintained.
E. No lanes may be closed prior to 8:00 a.m. and all lanes must be opened by 4:00 p.m.
F. No streets within two blocks of a school may be restricted before 9:00 A.M., or after 2:00 p.m. School routes will require a pedestrian traffic control plan for review and approval. Coordinate schedules with all schools affected by the work including, but not limited to, public schools and private schools.
G. Contractor must minimize noise from its operations (including but not limited to equipment maintenance, crew arrival, setup, takedown and cleanup) before 8:00 a.m. and after 7:00 p.m. No work before 8:00 a.m. or after 7:00 p.m. Extended work hours must be approved by City prior to performing the specific work.
Contractor may submit a written request to City for extended work hours for specific portions of work as required for public safety and convenience or emergency. City denial of the Contractor’s request for extended work does not warrant an extension of the Contract Time.
H. A maximum noise level limit of eighty-six (86) decibels at a distance of fifty (50) feet will apply to all construction equipment on or related to the project whether owned by the Contractor or not. The use of excessively loud warning signals must be avoided except in those cases required for protection of personnel. The use of generators or other mechanical devices between the hours of 4:30 p.m. and 8:30 a.m. is not permitted unless approved by the Engineer.
I. The City reserves the right to direct the order of work in the interest of Public safety and convenience. The Engineer will endeavor to give the Contractor 72 hours notice of any such directed order of work.
J. Coordinate, perform, and construct roadway work such that the restoration work on a street is completed prior to the weekend and/or holiday so the street and pedestrian walkways are fully restored and available for public use.
K. No work may be performed on Saturday, Sunday, or holidays unless approved in advance by the Engineer. Holidays are anticipated as follows:
Holiday: Date:
New Years Day (January 1)
Martin Luther King Day (3rd Monday in January)
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Presidents Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4th)
Labor Day (1st Monday in September)
Veterans Day (November 11th)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (4th Friday in November)
Christmas Eve (December 24th)
Christmas Day (December 25th)
Note: If a holiday falls on a weekend, a Saturday holiday will be observed on Friday and a Sunday holiday will be on a Monday. If part or all of a 2-day holiday falls on a weekend, the City will determine which 2 weekdays will be holidays.
No work may be performed adjacent to City Hall after 4:30 p.m. the day before a special event or on the day of a special event when special events are scheduled at Constitution Park or City Hall. Contractor must verify schedule updates on the Camarillo Arts Council website and with the Camarillo Department of Community Development for special events and other programs.
Camarillo Arts Council website:
http://www.camarilloartscouncil.org/p/schedule.html
No work may be performed in the downtown area or within 2,000-feet of the Camarillo Premium Outlet Center from November 1 to January 1.
No work will be allowed to be performed or be underway on the parade route or parade staging areas of the Camarillo Christmas Parade, on the day of the parade which occurs on a Saturday in December. Contractor shall clean up work site, restore all surfaces and make full width of the roadway and right of way safe and available for traffic and pedestrians.
No work may be performed the day before or during any special event in the downtown area or that may impact traffic in the downtown area during these special events. Contractor must monitor the City of Camarillo website “Events Calendar” to verify actual dates for special events including the following:
Fiesta A weekend event in mid-July
Art & Jazz Festival A weekend in August or September
Classic Car Cruise 4
th Friday of each month from April thru September
The holiday and event dates listed above are approximate dates and will vary depending on the year construction occurs. The Contractor is required to obtain and account for the City’s observed holiday dates and special event dates that will impact the project during the course of the Contract.
L. Contractor must reimburse City for costs for overtime inspection associated with project work hours. Costs will include hours in excess of 8-hours per workday shift, hours in excess of 40-hours per work week, and weekend and holiday work when specifically authorized.
M. The Contractor must diligently prosecute the contract work within the allowed number of working days specified in Page A-1 of the Bid Proposal, counting from CC Agreement No. 2023-149
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the date stated in the Notice to Proceed. The days to finish the punch list, provided by the City, are included in the working days.
700-5 Work Hours
A. Work shall be prosecuted during the following time period:
• Normal daily work hours are from 8:00 a.m. to 5:00 p.m. • Work on arterial streets (four or more lanes) is from 8:30 a.m. to 4:00 p.m. • Work within two blocks of a school is from 9:00 a.m. to 3:00 p.m.
B. If the contractor performs any work or has any site presence outside the hours listed in this section, or on weekends or holidays without prior City approval, the City reserves the right to hire a security service to ensure contractor compliance and associated costs will be the responsibility of the contractor and will be deducted from Pay Estimates due to the contractor.
700-6 NOT USED
700-7 Permits
A. Before beginning work, Contractor must confirm with agencies having jurisdiction that Contractor has obtained all necessary permits and licenses and given all notices.
B. Contractor must apply for, procure, and pay all charges and fees for all other necessary permits and licenses required to perform the work. Contractor is responsible for obtaining all necessary permits (not provided by City), reviewing the conditions and requirements contained therein, and including the cost of meeting these conditions and requirements in this bid. Contractor shall be responsible for obtaining permit extensions including extensions for 3 months beyond the baseline completion date. The original permits must be submitted to City and Contractor must maintain a copy of these permits at the job site at all times. All provisions of all project permits (including those provided by City and obtained by Contractor) will apply as though stated in these Specifications. Contractor must follow the more restrictive of the conditions, as determined by the Engineer, if there is a conflict.
Any costs incurred due to compliance with these permits must be included in the contract costs. No additional payment will be made for such permits.
C. Project will not disturb more than one acre of soil, therefore, the State General Construction Permit is not required. However, Contractor must comply with the Ventura County Municipal Stormwater Permit No. CAS004004 and provide a Stormwater Pollution Prevention Plan (SWPPP) before commencing work in accordance with Section 703.
D. Contractor may not begin work before encroachment and/or excavation permits and permit conditions have been obtained from City of Camarillo Public Works Department and City of Camarillo Building Department. City excavation/encroachment permit fee will be waived by the City.
E. Any work in or affecting Caltrans right-of-way will require a Caltrans double permit.
Contractor must apply for and pay for this double permit when necessary.
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F. Full compensation for conforming to the requirements of this section will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed.
700-8 Fees and Fines
A. If the City receives a fine or penalty due to the Contractor’s actions or inactions, Contractor will be responsible to pay such cost. City may deduct such amount from amounts due, or to become due the Contractor.
700-9 Review of Contract Documents and Job Site
A. The Contractor must carefully study and compare each element of the Contract Documents with each other and with information available to the Contractor as furnished by the City. The Contractor will assume all responsibility for deductions and conclusions as to the difficulties in performing the work.
B. The Plans show conditions as they are supposed, or believed by the City to exist.
The City does not warrant the completeness or accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of all conditions affecting the cost of work. The Contractor must immediately notify the Engineer of errors, inconsistencies or omissions discovered. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Engineer, the Contractor will assume appropriate responsibility for such performance and will assume responsibility for the cost of correction.
700-10 Right-of-Way
A. Right of Way, easements or right-of-entry for the Work are included in Appendix F (if applicable).
B. Attention is directed to Section 2-8 “Right-of-Way” of the Standard Specifications, Section 2.1 and Section 19 “Use of Premises” of the General Conditions/Specifications and these Special Provisions.
C. The Contractor must verify that the acquisition(s) is completed prior to beginning any work outside the public right of way. All cost for remobilization, downtime, etc., due to delays in obtaining the required rights of way, easements, and rights of entry must be included in the lump sum price bid for the various items of work and no additional compensation will be allowed.
D. The Contractor will not be entitled to the exclusive use of any public street or rights-of-way during the performance of the work under the contract, and the Contractor must conduct operations so as not to interfere unnecessarily with business, traffic, pedestrians, and the authorized work of utility companies or other agencies in the street or rights-of-way. Neither the Specifications nor the Plans may be construed to entitle the Contractor to conduct operations within the rights- of-way which are in violation of any local, county, or state ordinance or regulation restricting interference with water courses and drainage channels. The Contractor must take adequate precaution against obstructing storm water flow within the project limits. The Contractor may not deposit excavated materials, store equipment or construction materials within the street.
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700-11 Surveying
A. Attention is directed to Section 2-9, “Surveying” of the Standard Specifications, and these Special Provisions. Delete Section 2-9.1, “Permanent Survey Markers,” and Section 2-9.2, “Survey Service,” of the Standard Specifications.
B. Contractor is responsible for all project construction surveying to determine locations of construction, grading and site work. Surveys to determine location of property lines and corners must be supplied by the Contractor. Surveying must be performed by a Land Surveyor or Civil Engineer registered in the State of California to perform these services. The Engineer reserves the right to check Contractor’s work at any time during the project. Checks performed by the Engineer will not relieve Contractor of responsibility to properly locate and construct the work in accordance with the Contract Documents. If the Engineer’s check of the surveying identifies errors in the survey work, the Contractor must correct such survey work and the cost of the survey check performed by City will be charged to the Contractor and the cost may be deducted from monies due or to become due the Contractor.
C. No lines and/or grades will be set by City or the Engineer. Contractor will be responsible for establishing the lines and grades required for the completion of the work specified in the specifications, on the plans, and in the special provisions.
D. Survey Monument Inventory: Contractor must prepare survey monument inventory of the project site, including any area affected by the work. Such inventory must be prepared by a Land Surveyor or Civil Engineer qualified to perform Land Surveying, licensed in the State of California. Survey monument inventory must be submitted to the Engineer one week prior to beginning any work that may affect a survey monument. Inventory must indicate location, monument description, how the monument is protected, location ties, a statement indicating that the survey monument inventory is a complete listing of survey monuments affected by the work, and must be signed and sealed by the Land Surveyor or Civil Engineer.
E. Existing survey monuments located adjacent to and outside of construction areas must be adequately protected from any damage that may result from Contractor’s operations. Contractor must provide location ties to survey monuments in the work zone. Contractor must immediately notify the Engineer if any survey monument in the work area is accidentally disturbed or damaged. All survey monuments and monument wells damaged or displaced by Contractor’s operations must be reported to the County Surveyor. Contractor must replace disturbed or damaged survey monuments in accordance with the provisions of the Land Surveyor’s Act, Code of the State of California, at Contractor’s expense. Prior to relocation or removal of any survey monument, Contractor must contact City for direction, at least 5 working days prior to relocating a survey monument. Contractor must file required survey tie and monument records with the County Surveyor.
F. The cost of surveying, staking, and layout is to be included in the various items of work and no additional payment will be allowed.
700-12 Protection and Restoration of Existing Improvements A. Attention is directed to Section 7-9 “Protection and Restoration of Existing Improvements” of the Standard Specifications and these Special Provisions.
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B. Contractor agrees to assume sole and complete responsibility for protection of public and private property in the vicinity of the job site and further agrees to, at Contractor's expense, repair or replace to original condition all existing improvements within or in the vicinity of the job site which are not designated for removal and which are damaged or removed as a result of Contractor's operations.
C. Repair or replacement must be completed within three (3) working days from the date the damage occurred, unless immediate repair or replacement is determined to be necessary by the Engineer. If the Contractor fails to restore existing improvements in a timely manner, within the timeframe specified, the City may complete the work and costs will be deducted from payments due the Contractor.
D. Contractor must coordinate operations such that damage to newly constructed improvements is avoided. In the event newly constructed improvements, shown on the Contract Documents, interfere with other project work or is necessary for safety or access and must be removed and replaced, the City will only pay for the improvements to be constructed one time. Multiple replacements or work necessary for the convenience of the Contractor will be considered performed at the Contractor’s expense.
E. Existing improvements, visible at the Work or which can be reasonably ascertained by available information to exist, and which interfere with the completion of the Work but which no specific disposition is made on the Plans or Specifications, shall be addressed by the Contractor as follows:
1. Existing improvements which interfere with the completion of the Work shall be removed and replaced, in kind. The exact location and alignment of the replacement shall be confirmed with the Engineer prior to removal and adjustments to the location to conform to the Work shall be made as necessary.
2. The Engineer may determine that the existing improvements are to be removed and not replaced. Removed improvements shall be properly disposed of by the Contractor.
3. The area where existing improvements were removed shall be restored to conform with the Work and match the surrounding area. Restoration shall conform to adjacent improvements.
4. All costs for addressing proposed improvements in conjunction with existing improvements shall be included in the bid.
700-13 Utility Requirements and Potholing
General
Attention is directed to Section 5 “Utilities” of the Standard Specifications (SSPWC), the contract Plans, and these Special Provisions. The Contractor must verify the location, size, and type of all existing utilities prior to construction. Utilities include, but are not limited to; telephone, electricity, gas, fiber-optic cable, cable television lines, traffic signal systems, communication systems, petroleum lines, water, irrigation systems, storm drains and sanitary sewer.
When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work must be included in the Bid for the items of CC Agreement No. 2023-149
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work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience are the Contractor’s responsibility and the Contractor must make all arrangements and bear all costs.
The Contractor must obtain all necessary permits and notify the utility agencies at least 48 hours in advance of excavating around any of their facilities. It is the responsibility of the Contractor to coordinate all phases of construction with the various utility companies involved.
The Contractor must notify Underground Service Alert at 811 at least 48 hours prior to any excavation or construction work. Paint indications for underground utilities must be limited to only those areas to be affected. The Contractor must document USA markings with photographs or video and must provide a copy of the photographs and video to the Engineer. The Contractor must remove any painting marks that remain after the construction is complete as follows:
When placing markings on the pavement or other right-of-way areas to indicate the location of underground facilities, Contractors and/or utility companies are required to use a temporary water based marking chalk with a visibility life not to exceed three (3) weeks. Contractor must arrange for markings to be removed as needed. In the event that a Contractor or utility company uses a non-approved marking material, it will be the responsibility of the Contractor to ensure the complete removal of all pavement markings remaining upon completion of the permitted work. If the Contractor fails to properly and completely remove all pavement markings, the City may affect the removal and deduct from payments due or become due the Contractor for both direct and indirect costs as determined by the Engineer.
Utility Verification
The location and existence of utilities shown on the plans are approximate and taken from available records. The Contractor must verify the location of existing utilities, by potholing or other suitable methods, and must take all precautions to protect them whether shown or not. The exact location and identification of all existing utilities must be determined by the Contractor prior to the start of any work.
The Contractor must physically locate, verifying horizontal and vertical locations, and map existing underground facilities within the work area that are marked by Underground Service Alert (USA), shown on the drawings or visible in the field.
Contractor must protect all such facilities from damage due to construction activities for the duration of the project. In the event any such unknown facilities or substructures should be disturbed or damaged due to the failure of the Contractor’s exercising reasonable care, the Contractor must at once make necessary emergency repair at no cost to and to the approval of the owner. In the event the utility owner requires its own forces or approved vendors to perform such repairs, Contractor must coordinate and cooperate with the utility to complete the repairs. All costs for repairs, staff time, direct and indirect costs, and any costs billed by the utility must be borne by the Contractor and costs may be deducted from payments due or to become due the Contractor.
Contractor is responsible for following all applicable rules and regulations concerning work in the vicinity of underground and/or overhead utilities.
All utilities designated on the Plans to be protected in place must be carefully uncovered if located within the lines of excavation and time must be allowed for the CC Agreement No. 2023-149
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Engineer to field check the location of such utilities to make certain that they will not interfere with construction. In the event a utility conflict exists, the City will either arrange for utility owner to relocate the utility or adjust grade and/or alignment of the proposed improvement. Contractor must allow sufficient time for this utility work and must adjust Contractor’s operation to move to other areas to allow the utility relocation work to occur.
In the event any such facility should be disturbed or damaged, the Contractor must at once make repairs to the satisfaction of the owner, or arrange with the owner to make repairs, at no cost to the City. Any delays or reconstruction of improvements resulting from the Contractor’s failure to verify utility locations and depths will be made at the Contractor’s expense.
Utility Company Work Requirements
A. Where facilities are shown on the Plans, “To be Relocated by Others,” the City will issue the owner a “Notice to Relocate” or by City agreement with owner, require owner to relocate. Contractor must coordinate and schedule work with the various utilities. Contractor must be familiar with the utility company requirements, scheduling the work with adequate time in advance of needing utilities relocated, protected, installed or removed. In the event difficulties delay relocation, which in the judgment of the Engineer cannot reasonably be foreseen, and require a delay in Contractor’s completion date after all reasonable remedies for keeping contract on schedule have been exhausted by Contractor including, but not limited to flow- charts and critical path scheduling, work simplification, and alternative construction methods, Engineer may allow extra time to the Contractor, but no additional compensation will be allowed.
B. The Contractor must protect facilities shown on the Plans, “To Be Relocated By Others,” in both original and relocated positions and any damage to such facilities must be immediately repaired to the owner’s satisfaction at no cost to the City.
Payment
The cost for coordination with the utility companies, providing work areas for utilities, locating facilities including potholing, protecting utility facilities in place, and conforming to the requirements of this section will be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed.
700-14 Subsurface Conditions
A. Where investigations of subsurface conditions have been made by the City with respect to subsurface conditions, utilities, foundation, or other structural designs, and that information is shown in the Plans, it represents only a statement by the City as to the character of materials which have actually been encountered by the City’s investigation. This information is only included for the convenience of Bidders.
B. Investigations of subsurface conditions are made for the purpose of design only.
The City assumes no responsibility with respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations or of the interpretation thereof. There is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work, or CC Agreement No. 2023-149
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any part of it, or that unanticipated conditions may not occur. When a log of test borings is included in the Plans, it is expressly understood and agreed that such log of test borings does not constitute a part of the Contract. The log of test borings represents only an opinion of the City as to the character of the materials to be encountered, and is included in the Plans only for the convenience of the Bidders.
Making information available to Bidders is not to be construed in any way as a waiver of the provisions of the first paragraph of this Section, and Bidders must satisfy themselves through their own investigations as to conditions to be encountered.
700-15 Pre-Construction Job Site Video
A. A minimum of one week prior to start of construction, the Contractor must video all areas where construction is to take place. Such videos (DVD or other approved media) must be provided to the Engineer before construction commences. These videos will serve as a record of the existing conditions for disputes arising from restoration, and should therefore be taken along the line of construction and site access and staging areas at sufficient detail as necessary to clearly depict details of existing conditions. Video must document existing conditions, roadway, striping and all painted curb markings in the project area. The videos must be on standard DVD data discs viewable on a computer, taken in high quality color video 720p HD (1280x720p) minimum in MP4, AVCHD, MOV or h.264 format. All videos must be indexed and catalogued in such a manner that each photographed area is readily identifiable, and must also indicate the date and time (hour, minutes and seconds) on which the video was made. The Contractor must also video any unusual conditions encountered during construction that are not already a matter of photographic record. In the event damage to existing improvements occurs, the video will be available as a resource to determine existing conditions. In any areas where existing conditions cannot be determined by means of videos, the area must be restored as approved by the Engineer at Contractor’s expense. All videos will become the property of the City.
700-16 Pre-Construction Conference
A. A pre-construction meeting will be conducted prior to commencement of construction at a time and place designated by the Engineer. Those attending the meeting must include, but not be limited to, the following:
1. The Contractor and superintendent who will be supervising the work for the duration of the project.
2. The City of Camarillo / Camarillo Sanitary District.
3. The Design Engineer
4. The Construction Engineer
5. Representatives of affected Utility Companies
B. Pre-construction conference will not be scheduled until the following has been submitted:
1. Construction Schedule
2. Traffic Control Plan
3. Storm Water Pollution Plan (SWPCP/SWPPP).
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700-17 Weekly Project Schedule And Meetings
A. By Tuesday of each week, the Contractor must prepare and submit a detailed schedule of the work projected for the next two weeks on a daily basis. The Contractor must make revisions as required by the Engineer.
B. The Engineer will conduct a Weekly Project Status Meeting that must be attended by the Contractor, subcontractors, utility companies (as required) and the Engineer. The meeting will have duration of approximately one hour. The meeting will be held on the day, time and location as determined by Engineer. The purpose of this meeting will be to discuss interfacing work, scheduling, problems, issues, and the like. If not previously submitted, the Contractor must submit the following to the Engineer at the beginning of the meeting:
1. Daily manpower and equipment utilization for the preceding week
2. Projected work for the next two weeks on a daily basis.
The Contractor must attend all miscellaneous meetings as requested by the Engineer.
700-18 Project Schedule
A. Attention is directed to Section 6-1.1 “Construction Schedule” of the Standard Specifications, Section 6.1 “Proposed Construction Schedule” of the General Conditions/Specifications and these Special Provisions.
B. The Contractor must update the Construction Schedule as specified in the Standard Specifications, the General Conditions/Specifications, or when directed by the Engineer. Preparation and updating of the Construction Schedule must be performed at Contractor's sole expense.
C. Failure by the Contractor to submit updated or revised Construction Schedules when required may prevent acceptance of progress payment requests by the Engineer until such updated or revised Construction Schedules have been submitted for review and have been accepted by the Engineer.
D. The Construction Schedule must include obtaining all necessary materials and equipment, and must reflect completing all work within the specified time, in accordance with these Specifications. Contractor must show completion of the project completely filling the Contract time, and may not show early completion. In the event, the Contractor requests early completion, Contractor must execute a no- cost Contract Change Order that reduces the number of Working Days allowed for completion to conform with such intended completion date.
E. Contractor must include in the schedule, detailed information for each operation.
When the project includes multiple streets or sites, Contractor must include detailed information for each street or site. When notifications or parking restrictions are required such dates must be included in the schedule.
F. Contractor must provide critical path schedules in legible hardcopy format and must also submit schedules with each update in electronic format compatible with MS Project or Primavera, as directed by the Engineer.
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G. Full compensation for the required construction schedules and conforming to the requirements of this section will be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed.
700-19 Coordination with Concurrent Projects
A. Several projects may be ongoing within the limits of the work during the Contract period. The Contractor is required to coordinate the work with other contractors such that both projects can be diligently pursued to their timely completion.
Interfacing work must be shown on the project schedule, and the Contractor will be responsible for meeting that schedule. Contractor must include time for others to perform work within the Work Area and this must be reflected in the Project Schedule. Delays due to interfacing with concurrent projects are considered avoidable and no compensation will be made therefore such delays. Contractor must include in the bid all costs for coordination, scheduling, meetings, staging and the like that result from interfacing with concurrent work.
Contractor is responsible for obtaining contract documents including plans and specifications and thoroughly understanding the requirements of and Work called for in the contract documents for the concurrent project. The Contractor must include in the bid all costs for Work called for or indicated in Contract Documents for this project even though shown in the contract documents prepared for concurrent projects.
B. Concurrent projects include but are not limited to the following:
1. _N/A__________________________________________
2. ______________________________________________
3. ______________________________________________
4. ______________________________________________
700-20 Submittals
In addition to the required submittals and shop drawings of the Standard Specifications, the Contractor must submit the following shop drawings and/or submittals in adequate detail, including a list of all deviations from the Contract Documents for each item submitted. The Contractor must submit four (4) copies of the following items marked (*) to the Engineer for review at least five (5) working days prior to the Pre-construction Meeting. All other submittals must be submitted in accordance with the submittal procedures listed below. The Engineer will determine if the specifications are being met for all work including but not limited to the following:
General Requirements
* Key Personnel, Telephone Numbers, and Emergency Telephone Numbers * Project Schedule
* Demolition Waste Recycle Plan/Statement
* Storm Water Pollution Plan (SWPCP/SWPPP)
Preconstruction video
Site Work
Piping, flow meter, pipe support, concrete, electrical, etc.
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Contractor must provide all submittals required to complete Work as shown on Exhibits.
700-21 Submittal Procedures
A. Wherever called for in the Contract Documents or where required by the Engineer, the Contractor must furnish to the Engineer for review four (4) copies of each submittal.
B. Each submittal item must be individually numbered and must identify the specification section that relates to item being submitted so that approved and rejected submittals can be tracked.
C. At the time of each submission, give Engineer specific written notice of each variation that the submittal may have from the requirements of the Contract Documents. If a variation is identified that was not brought to the attention of the Engineer, correction will be at the Contractor’s expense.
D. The Engineer will have a minimum of ten (10) working days to review each submittal except were specified differently in these special provisions. It is the responsibility of the Contractor to organize submittals in order of importance and need.
E. Submittals must be clearly identified and where multiple items are shown on a shop drawing, items being identified as submittals must be marked. Extraneous information should not be included in submittals. Only one submittal will be reviewed for an item and Contractor may not submit multiple shop drawings from multiple vendors for the same item.
F. Engineer’s review will be only for conformance with the design concept of the project and for compliance with the information given in the Contract Documents, not extending to means, methods, techniques, sequences, or procedures of construction (except where indicated or required by the Contract Documents) nor to safety precautions or programs incident thereto. Submittals processed by Engineer do not become Contract Documents and are not Change Orders.
G. Delays caused by the need for re-submittal or replace unaccepted “or equal” items will not constitute a basis for claim.
H. In the event that an item is called for by a specific product or trade name, Contractor will have 35 days after the award of the Contract for submission of data substantiating a request for a substitution of “an equal” item. In the event Contractor furnishes any “or equal” material more expensive than that specified in the bid form, the difference in cost of such material so furnished will be borne by Contractor under Public Contract Code section 3400.
“Or equal” products may be accepted by the Engineer upon submittal of the following information:
1. Product Date Design Criteria
2. Physical Properties Limitations of Process
3. Material Specifications List of Previous Projects
4. Installation Specifications Size of Completed Projects
5. Testing Methods List of Current Projects
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6. Third Party Test Data
7. Size of Current Projects
8. References (All references must include current names and telephone numbers).
9. List of all deviations from the specifications or referenced product or materials.
10. Additional testing may be required, and all costs for testing will be borne by Contractor.
I. City reserves the right to modify the procedures and requirements for submittals, as necessary to accomplish the specific purpose of each submittal. Direct inquiries regarding the procedure, purpose, or extent of any submittal to the Engineer.
J. Repetitive Review
1. Shop drawings and other submittals will be reviewed no more than twice at the City’s expense. All subsequent reviews will be performed at times convenient to the Engineer and at the Contractor’s expense, including but not limited to consultant costs, staff charges, overhead, and other related expenses.
Contractor shall reimburse the City for such costs, and City may deduct these costs from amounts due or to become due the Contractor. Submittals are required until approved.
2. Any need for more than one resubmission, or any other delay in obtaining Engineer’s review of submittals, will not entitle Contractor to extension of the Contract Time.
700-22 Lump Sum Bid Items
A. The Contractor must submit a detailed schedule of values breakdown for all lump sum bid items. The breakdown of items must be submitted to the Engineer for approval and the level of detail will be as determined appropriate by the Engineer.
The schedule of values must be submitted to the Engineer prior to the first progress payment request and the progress payment will not be reviewed without approved schedule of values for all Lump Sum bid items. The schedule of values will be used as a basis for determining appropriate monthly progress payment amounts for lump sum bid items. The schedule of values must equal, in total, the lump sum bid item cost and be in such form and sufficiently detailed to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum.
700-23 Daily Report
A. The Contractor must complete a Daily Report indicating manpower, major equipment used and on standby (itemized separately), subcontractors, materials used and similar items involved in the performance of the Work. The Daily Report must be completed on forms prepared by the Contractor and acceptable to the Engineer, and must be submitted to the Engineer prior to construction on the subsequent workday.
B. Contractor must supply daily reports to the inspector at the start of work on a daily basis. If the Contractor fails to provide daily reports for 2 or more working days during the scheduled work week, then a Stop Work Notice will be issued and progress payments will not be processed until all paperwork is current. Contract period will continue to be in force while the Stop Work Notice is in effect.
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700-24 Testing and Inspection
A. Attention is directed to Section 2-11 “Inspection” of the Standard Specifications, Section 9.3 “Inspection”, Section 10.8 “Tests and Inspections”, and Section 10.10 “Compaction Tests” of the General Conditions/Specifications and these Special Provisions.
B. It is the responsibility of the Contractor to facilitate sampling to be used for testing purposes. Costs for failed tests and retesting necessary because of the Contractor’s failure to comply with specification requirements will be borne by the Contractor.
C. Contractor must notify the City Public Works Department 72 hours in advance of commencing construction at (805) 388-5380.
700-25 Non-Working Foreman
A. The Contractor must provide a non-working foreman on-site for all phases of work for the duration of the Project. The non-working foreman must be available to the Engineer at all times. Failure to supply a non-working foreman at any time during the Contract Period during work hours can result in an immediate Stop Work Notice until the Contractor provides or replaces the non-working foreman. The Contract Period will remain in force and continue. All work completed during an absence of a non-working foreman will be Non-Complying Work per General Condition 11.2. Any costs incurred by the City in dealing with issues resulting from work performed by the Contractor when a non-working foreman was not available will be deducted from payments due to Contractor. The City reserves the right to have the Contractor remove and replace non-complying work in accordance with General Condition 11.4 at no additional cost to the City.
B. The non-working foreman must be in possession of a working cellular telephone and must be available to communicate with the Engineer 24-hours per day.
700-26 Responsibility for Job Site Conditions
A. Contractor agrees that, in accordance with generally accepted construction practices, Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of this Project including safety of all persons and property, and that this requirement will apply continuously and will not be limited to normal working hours. Contractor further agrees to defend, indemnify and hold the City and the City’s design and construction observation professionals harmless from all liability and claims, real or alleged, in connection with the performance of work on this Project.
B. The Contractor must make field measurements and verify field conditions and must carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered must be reported to the Engineer immediately by telephone and in writing. When conditions are encountered which, in the opinion of the Engineer, require temporary suspension of work for design modifications or for other determinations to be made, the Contractor must move to other areas of work until such determinations are made at no cost to the Owner. No additional compensation will be allowed by reason of CC Agreement No. 2023-149
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such temporary suspension of a portion of the Work, or modifications to work.
Appropriate extension of time for completion may be allowed where justified in the opinion of the Engineer. If articles having archeological significance are identified, the Contractor must suspend work to allow evaluation by the Engineer.
C. Provide and install non-skid steel plates at open trench excavations at the end of work day. Plates on arterial streets must be flush with adjacent pavement surface and secured as directed by Engineer in accordance with CALTRANS TR-0157 Method 1. Plates on other streets may be placed on pavement with temporary transitions as directed by Engineer in accordance with CALTRANS TR-0157 Method 2. See Appendix B for CALTRANS TR-0157.
700-27 General Safety Requirements
A. Contractor must do whatever work is necessary for safety and be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during the Contract period. Safety provisions must conform to Federal and State Departments of Labor Occupational Safety and Health Act (OSHA), and other applicable Federal, State, County and local laws, ordinances, codes, requirements set forth herein, and regulations that may be specified in other parts of these Contract Documents. Contractor must do all work necessary to protect the general public from hazards, including, but not limited to, surface irregularities or unramped grade changes in vehicular travel ways (including but not limited to streets, roads and driveways), pedestrian sidewalks or walkways. Barricades, lanterns, and proper signs must be furnished in sufficient amount to safeguard the public and the work. This requirement applies continuously and is not limited to normal working hours.
B. Contractor must develop and maintain for the duration of the Contract, a safety program that will effectively incorporate and implement required safety provisions.
The Contractor must appoint a qualified employee who is authorized to supervise and enforce compliance with the safety program.
700-28 Recoverable Materials
A. The City owns all recoverable materials from the work. The City reserves the first right of refusal for recoverable materials (an example would be pavement grindings), if the City refuses the recoverable materials the Contractor must dispose of all recoverable materials in a proper and legal manner. The Contractor must include in the bid all costs for disposal. If the City decides to keep the material, the Contractor must deliver the material to a location determined by the Engineer within the City limits. Materials removed from the site without the expressed permission of the City will be back charged to the Contractor and deducted from funds due or to become due the Contractor. The City reserves the right to modify its decision regarding refusal up to the point in time the materials are removed from the site.
700-29 Project Appearance and Cleanup
A. The Contractor must keep the site clean, control dust from construction operations, provide sanitation for workers, and control air pollution from construction operations. Broken concrete and debris developed during demolition, clearing and grubbing must be disposed of concurrently with its removal. Broken concrete, debris, and construction materials that remain on the job site overnight will be CC Agreement No. 2023-149
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subject to Liquidated Damages for Failure to Perform as specified in these Special Provisions.
B. Weeds, trash and debris must be removed from the work site regularly and when directed by the Engineer. Graffiti must be removed within 24-hours of the graffiti appearing and when directed by the Engineer. All graffiti within the project limits must be removed. Contractor must submit method of removal to the Engineer for approval prior to graffiti abatement. Stickers, paint, and other forms of graffiti must also be removed.
C. Upon completion of the Work and before the final inspection, the Contractor must at the Contractor’s own cost satisfactorily dispose of, or cause to be disposed of, all plant, buildings rubbish, waste products, debris, unused materials, concrete forms, and other equipment used during the construction of the improvements. In the event that the Contractor fails to perform this final cleanup, the City may remove and/or dispose of the articles or materials at the Contractor’s expense.
700-30 Differing Conditions
A. Contractor may not willfully install work as shown on the drawings when it is obvious in the field that obstructions, grade differences or differences in the area dimensions exist that might not have been considered or observed during design.
Contractor must promptly notify the Engineer and the agency having jurisdiction by telephone and in writing upon discovery of, and before disturbing, any physical conditions differing from those represented by approved plans and specifications.
In the event this notification is not performed, the Contractor must assume full responsibility for necessary revisions.
700-31 Changes in Work
Attention is directed to Section 3-1 “Changes Requested by the Contractor,” Section 3- 2 “Changes Initiated by the Agency,” and Section 3-3 “Extra Work” of the Standard Specifications and these Special Provisions.
The City will issue a Contract Change Order (CCO) if a change to the Total Contract Price or Contract Time is necessary. The Contractor will not be entitled to any adjustments in either Contract Time or Total Contract Price for changes performed without written direction from the City. Adjustments in Contract Time or Total Contract Price for changes performed will not be made until a Contract Change Order is approved. The labor rates paid for time and material work will not be higher than the applicable prevailing wage rate for the worker classifications required for the work.
The Contractor shall prepare a time impact justification for consideration for any adjustments in Contract Time. The time impact justification accepted by the City will be used to adjust the Contract Time in the CCO.
If the Contractor requests an extension of time as a part of a contract change order, Contractor must provide a revised construction schedule and written justification for the extension of time, at the time of Contractor’s request for the change order. The justification must include an analysis for the time requested, showing how the change affects the critical path/controlling item of work and must be provided to the Engineer in editable electronic format compatible with MS Project, in addition to a legible hardcopy.
The sections that follow replace sections of like number in the Standard Specifications for Public Works Construction (SSPWC).
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3-2.2.2 Increases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of a decrease in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or in the event mutual agreement cannot be reached, on the basis of Extra Work per 3-3 or at the Contract Unit Price at the Agency’s option.
The Extra Work per 3-3, basis of payment, does not include fixed costs. Fixed costs will be deemed to have been recovered by the Contractor through payment for 125% of the Bid quantity at the Contract Unit Price.
3-2.2.3 Decreases of More Than 25 Percent. The City, at its sole discretion, may decrease the quantities of the items of work to be completed under this contract. In such an event, payment will be made based upon the decrease in quantity at the Contract Unit Price, except for Major Bid Items as described below.
A Major Bid Item is defined as a single Contract item constituting 10% or more of the original Contract Price. In the case of a decrease in a Major Bid Item, the following will apply:
Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per 3-3; however in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price.
700-32 Extra Work
Subsection 3-3.2.2.1, Labor rates used for Extra Work shall be at applicable prevailing wage rates plus allowable markups per this section.
Subsection 3-3.2.3, “Markup” of the Standard Specifications (SSPWC) is deleted in its entirety and replaced by the following:
3-3.2.3 Markup.
a) Work by Contractor. When extra work is to be paid for on a force account basis, use the CALTRANS Equipment Rental Rate Book for equipment rental rates. The following percentages will be added to the Contractor’s costs and will constitute the markup for all overhead and profits:
i. Labor………………………………….35
ii. Materials……………………………...15
iii. Equipment Rentals…………………..15
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The markup percentages above will reimburse the Contractor for all additional costs, and no other additional payment will be made by reason of performance of the extra work.
b) Work by Subcontractor. When extra work to be paid for on a force account or lump sum basis is performed by a subcontractor, the markup established above in 3-3.2.3 (a) “Work by Contractor” will be applied to the subcontractor’s actual cost of such work. An additional markup of ten (10) percent of the subcontracted portion of the extra work may be added by the Contractor. The markup will constitute the markup for all overhead and profit for the Contractor on extra work done by the subcontractor, and no other additional payment will be made.
c) Equipment Rental rates will be determined using CALTRANS Labor Surcharge and Equipment Rental Rates in effect at the time the work is performed.
d) The labor rates paid by the City for (time and material) Force Account work will be at the applicable prevailing wage rate for the worker classifications required for the work plus applicable mark-ups described in this section.
700-33 Final Inspection and Punchlist
A. Attention is directed to Section 11 “Acceptance of Work” of the General Conditions/Specifications and these Special Provisions.
B. When the work has been completed, the Engineer will make the final inspection and final project walk-through with the Contractor. The Engineer will create a punch list of deficient items that need to be corrected by the Contractor. The Engineer reserves the right to add items to the project’s punch list as deemed necessary. All punch list items must be completed within 5 working days of notice to Contractor. Punch list items must be accounted for in the project construction schedule within the project working days. The Contractor will not be granted additional working days for the completion of the punch list items.
700-34 Claims between City and Contractor
A. Attention is directed to Section 12 “Claims between City and Contractor”.
700-35 Construction As Built Drawings
A. The Contractor must maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for providing a basis for construction as built drawings. These drawings must be maintained on-site during the course of construction and updated monthly, at minimum.
B. The Contractor must use a job set of contract drawings, clearly labeled “Construction As Built Drawings,” to record all changes in construction. Completely, accurately, and legibly mark the job set of as-built drawings in red ink to record actual construction. Use additional copies of prints, if necessary, to ensure legible recording of data and date all entries. Call attention to the entry by drawing a “cloud” around the area affected. In case of overlapping changes, use different colors for each change. Maintain consistent color coding throughout the drawings.
C. The Contractor must submit a copy (11x17 or full size) of the updated construction as built drawings in progress with each progress payment to document the status of CC Agreement No. 2023-149
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the drawings. Progress payments may not be processed until acceptable drawings are submitted. The Contractor must submit a complete set of original construction as built drawings to the Engineer 10 days after final inspection along with a letter declaring that other than these noted changes on the as built drawings, “the Project was constructed in conformance with the Contract Documents.” Each plan sheet must be marked “As Built” and signed by the Contractor. The Contractor must provide this set of as built drawing and letter prior to processing of the final pay estimate.
D. Full compensation for recording construction changes and furnishing the Construction As Built Drawings is considered included in the prices paid for the various bid items of work and no additional compensation will be allowed.
700-36 Closeout Procedures
A. Attention is directed to Section 11 “Acceptance of Work” of the General Conditions/Specifications and these Special Provisions.
B. Contractor must submit closeout submittals upon completion of work, including completion of punch list items, and at least seven (7) days prior to application for final payment, including, but not limited to the following:
1. Evidence of compliance with requirements of governing authorities.
2. Project record documents.
3. Operations and maintenance manuals.
4. Keys, spare parts, remotes and other required devices.
5. Warranties and bonds including an Increase Rider in the amount of final contract.
6. Evidence of payment and release of liens as outlined in conditions of the contract.
7. Release of claims as outlined in conditions of contract.
8. Survey record documents.
9. Certification of final completion.
700-37 Payment
A. Full compensation for work, other features, and conforming to the requirements of this Section 700, “General “, is considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed.
B. Work called for on the plans or required by the specifications, but for which no bid item exists is considered included in the prices paid for the various items of work and no separate payment will be made.
END OF SECTION 700
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SECTION 701 – MOBILIZATION
701-1 General Requirements
A. Mobilization work will include all mobilization, demobilization, bonds, and insurance, preparatory and operations work necessary to provide for bonds, insurance, required permits and fees, submittals, shop drawings, project phasing, multiple move-ins and move-outs required to prosecute the work, supervision, coordination and concurrent work with other contractors, meetings, preparing “as-built” plans or record drawings, movement of personnel, equipment, supplies, and incidentals to and from the project site; the establishment of all other facilities necessary for work on the project; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items of work at the project site; and work and improvements called for or implied by the Contract Documents, which are not included in the other bid items but are required to complete the Work.
END OF SECTION 701
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SECTION 702 – STORMWATER POLLUTION PREVENTION PLAN (SWPPP) 702-1 General
A. Contractor shall be required to comply with the State Construction General National Pollutant Discharge Elimination System (NPDES) Permit CAS000002, Order No. 2009-009-DWQ as amended, as well as the conditions and requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties Permit No.
CAS004004, Order No. R4-2021-0105 (MS4 Permit).
B. The City currently has active coverage under the State Construction General Permit (CGP) as a Risk Level 2 project for the North Pleasant Valley Groundwater Desalter under WDID No. 456C387945. There is currently an active Stormwater Pollution Prevention Plan (SWPPP) for the site and the Qualified SWPPP Developer/Practitioner (QSD/QSP) is Jen Kirby with JGK Consulting. MC-2023-5 construction elements as described below will be required to be inserted into this existing SWPPP and implemented and maintained by Contractor.
702-2 SWPPP
A. The Contractor shall be required to update the following sections of the existing SWPPP for review and approval by the City’s Stormwater Program Manager.
Contact the City of Camarillo Stormwater Program Manager at 805-388-5340 for information on where to obtain the current SWPPP. Once the below submittals are approved by the City, Contractor shall be responsible for updating the SWPPP, and printing a hard copy of the full updated SWPPP, which shall be kept in the designated location onsite. Contractor shall also provide the City with an electronic copy of the revised SWPPP. The following sections shall be updated/inserted into the SWPPP to reflect pollution prevention controls related to the construction elements of MC-2023-5:
1. Project Specific Site Map for MC-2023-5 Construction. Contractor shall submit a project specific site map to insert in the existing SWPPP as well as display the map on the wall in the room the SWPPP is kept in at the Desalter. This map should be on a sheet measuring 24”x36” and map shall contain and identify the Best Management Practices that are identified/described in Section 3 of the existing SWPPP or any additional BMPs that can be found in the California Stormwater BMP Handbooks for Construction or Municipal Activities - www.cabmphandbooks.com. The project specific site map for MC-2023-5 should include:
• Project surrounding area (vicinity)
• Site layout
• Construction site boundaries
• Drainage areas
• Discharge locations
• Sampling locations
• Areas of soil disturbance (temporary or permanent)
• Active areas of soil disturbance (cut of fill)
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• Location of all runoff BMPs
• Location of all erosion control BMPs
• Location of all sediment control BMPs
• Location of sensitive habitats, watercourses or other features which area not to be disturbed
• Location of all post-construction BMPs
• Location of storage areas for waste, vehicles, service loading/unloading of materials, access (entrance/exits) points to construction site, fueling, and water storage, water transfer for dust control and compaction practices.
2. List of Contractors – Appendix M of existing SWPPP. Contractor shall update the list of contractors to include all contractors and subcontractors related to MC-2023-5.
B. Before start of work, Contractor shall train all employees and subcontractors on the project specific BMPs and site map in the SWPPP and insert proof of training in the SWPPP as well as provide City with written documentation of said training.
C. Contractor is responsible for ensuring the project is in compliance with the City’s SWPPP and will be responsible for addressing any deficiencies or items identified by the City’s QSD/P, City, or State inspection reports.
702-3 CONSTRUCTION
A. The SWPPP and related project specific site map must be kept in the designated location at the construction site and shall be made available upon request by a State or City inspector.
B. The Contractor shall provide continuously at the jobsite all of the tools, equipment, and materials necessary to implement the SWPPP at all times from project initiation through completion. This includes any punchlist or warranty work on the project, as well as addressing items that need attention as identified on the QSD/P, City, or State inspection reports.
Upon identifying failures or other
shortcomings, as directed by the QSD/P, City or State inspectors, Contractor shall begin implementing repairs or design changes to BMPs within 72 hours of identification and complete the changes as soon as possible. Contractor shall be responsible for stabilizing all disturbed areas of the MC-2023-5 construction site area upon completion of the project.
At a minimum the following requirements should be met as applicable, to the maximum extent practicable, at construction sites regardless of size:
1. Storm Drain System Protection – At the first order of work, the Contractor shall protect the existing storm drain system from entrance of construction debris and pollutants. Such protection shall include implementing the BMPs as outlined in the SWPPP. Protection shall prohibit the discharge of untreated runoff from temporary or permanent street maintenance/landscape maintenance material and waste storage areas from entering the storm drain system. Sediment that is generated on the project site shall be retained using CC Agreement No. 2023-149
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structural drainage controls. In addition, the protection system shall have a minimum of three features: 1) a particulate filter of geosynthetic material securely fastened in place such that it cannot be bypassed without significant physical damage; 2) a prefilter for the particulate filter; and 3) on-hand materials to close off the inlet or opening in the case of a significant pollution spill. Contractor shall monitor and maintain all storm drain inlet protection devices during rain events to prevent flooding.
All open trenches shall be covered with appropriate materials at the end of each work day.
2. Material Management & Storage – No construction-related materials, wastes, spills or residues shall be discharged from the project site to streets, drainage facilities or adjacent properties by wind or runoff. All materials and/or equipment storage areas where liquid construction materials are placed shall be protected by a physical barrier capable of containing the entire volume of stored liquid materials. During active construction activities, portions of the barrier may be removed for access. However, the barrier materials must be readily accessible for replacement by onsite construction personnel. The barrier must be in place at all times during the absence of Contractor personnel at the storage site. Building materials should be placed on pallets and covered in event of rain. Do not store materials in the street or gutter area.
3. Equipment & Vehicle Maintenance – Non-stormwater runoff from equipment and vehicle washing and any other activity shall be contained at the project site and shall not be allowed to discharge from the project site to streets, drainage facilities or adjacent properties by wind or runoff. The Contractor shall inspect vehicles and equipment on each day of use. Leaks shall be repaired off-site if possible. If necessary to repair on site, the runoff must be contained or the problem vehicle or equipment shall be removed from the project site until repaired. If necessary, drip pans should be placed under the vehicles or equipment while not in use to catch and/or contain drips and leaks.
4. Soil Erosion Control – Erosion from slopes and channels will be significantly reduced by implementing BMPs, including but not limited to, minimizing grading activities during the wet season, inspecting graded areas during rain events, planting and maintaining vegetation on slopes, and covering slopes susceptible to erosion.
5. Pesticide/Herbicide Application & Landscape Activities – Use fertilizers and pesticides as directed; keep them away from drainage facilities. Follow the standard protocol for routine and nonroutine application of pesticides, herbicides and fertilizers as per the Ventura County Stormwater Management Plan (A copy of the Pesticide Program Protocol can be obtained at the following web site: www.vcstormwater.org). Protect stockpiles and materials from wind and rain by storing them under tarps or secured plastic sheeting.
Do not deposit leaves or landscape debris into the street, gutter or storm drain system.
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6. Spill Prevention & Cleanup Plan - Contractor shall have a spill prevention plan and spill cleanup materials readily available and addressed in the SWPCP. Spills shall be cleaned up immediately using dry methods if possible. Spill cleanup material shall be properly disposed of. Refer to SC- 11 Spill Prevention BMP from the California Stormwater BMP Handbook for Municipal Activities. Contractor shall keep a record of any spills in the inspection log. In addition, at the end of the project, the Contractor must certify that all contaminated materials have been properly disposed in accordance with the SWPCP.
7. Asphalt & Concrete & Related Activities – Contractor shall implement the following BMPs:
a. Restrict paving/repaving activity to exclude periods of rainfall or predicted rainfall unless required by emergency conditions.
b. Install sand bags or gravel bags and filter fabric at all susceptible storm drain inlets and at manholes to prevent spills of paving products and tack coat.
c. Prevent the discharge of release agents including soybean oil, other oils, or diesel to the storm drain system or receiving waters. d. Minimize non-stormwater runoff from water use for the roller and for evaporative cooling of the asphalt.
e. Clean equipment over absorbent pads, drip pans, plastic sheeting or other material to capture all spillage and dispose of properly. f. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled or disposed of properly. g. Collect solid waste by vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled, or disposed of properly.
h. Cover the cold mix, asphalt, materials (i.e., pre-mixed aggregate and asphalt binder) with protective sheeting during a rainstorm. i. Cover loads with tarp before haul-off to a storage site, and do not overload trucks.
j. Minimized airborne dust by using water spray during grinding k. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grinding material or rubble in or near storm water drainage systems or receiving waters.
l. Protect stockpiles with a cover or sediment barriers during a rain event.
8. Sidewalk Washing – The following methods should be utilized to prevent discharge of sidewalk cleaning wastewater into the storm drain system:
a. Sweep and pick up all areas to be cleaned before using water. b. Manually scrape gum from sidewalks and other surfaces.
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c. Must use high pressure and low volume of water with no additives and at an average usage of 0.006 gallons per square foot of surface area to be rinsed.
d. Use a wet/dry vacuum to collect wash water for disposal. Large volumes of wash water may require the use of a small sump pump to remove wash water from the job site.
e. One or more of the following methods are recommended to prevent pollutants from entering the storm drain system:
• Sandbags can be used to create a barrier around storm drains. * • Rubber mats or plugs can be used to seal drain openings. * • Temporary berms or containment pads help keep water on site. * • Use berms of sandbags to direct wash water to landscaping. * • Use large squeegees to accumulate sheet flow for collection. *Remember to remove plugs, berms, and sandbags or you may be liable for possible flooding.
• Wash water that may contain hazardous waste such as oil- saturated absorbents, water with lead or other heavy metals from oxidized paint, and solvent cleaners requires special treatment and must be disposed of through a hazardous waste facility.
9. Dewatering – Avoid dewatering discharges where possible by using the water for dust control, infiltration, etc. If necessary to dewater, Contractor shall obtain a permit from the Los Angeles Regional Water Quality Control Board. Contractor shall be responsible for all costs related to implementing the dewatering permit. For further instruction refer to the California Construction Handbook – BMP NS-2.
10. Removal of Accumulated Rainwater – The Contractor shall follow the City of Camarillo Guidelines for Removal of Rainwater that has accumulated on the job site. The preferred method is to filter the rainwater into a water truck for use in dust control or irrigation. If it is necessary to remove rainwater from the site to the street, gutter or storm drainage system, Contractor shall use BMPs to insure that the water does not exceed 100 mg/l of Total Suspended Solids and no other construction waste is present in the water to be discharged before discharging to drainage facilities.
C. Project Completion - Contractor shall be responsible for removal of all BMPs and stabilizing all disturbed areas of the MC-2023-5 construction site upon completion of the project.
END OF SECTION 702
CC Agreement No. 2023-149
Project No. MC-2023-5 Section 703
SECTION 703 – MEASUREMENT AND PAYMENT
703-1 – GENERAL
1.1 MEASUREMENT
A. Measurement will be in accordance with Standard Specification unless otherwise specified.
Bid Item List Abbreviations
Abbreviation Meani ng
CF cubic foot
CY cubic yard
EA each
(F) final pay item
GAL gallon
HR hour
LB pound
LF linear foot
LS lump sum
SF square foot
SY square yard
TN 2,000 pounds
B. When an item of work is designated as (F) in the bid schedule, then the item shall be a final pay item for payment purposes only. For a final pay item, payment shall be based on the quantity shown in the bid schedule for that item, regardless of the actual quantity used, unless the item quantity is changed by the Engineer. 703-2 – PAYMENT
2.1 PAYMENT
A. Payment for the various items of the Bid Schedule, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work as specified and shown on the drawings, including all appurtenances thereto complete and in place, and including all costs of compliance with the regulations of public agencies having jurisdiction.
END OF SECTION 703
CC Agreement No. 2023-149
Project No. MC-2023-5 Section 704
Special Provisions Page 1
SECTION 704 – COMPENSATION
704-1 Bid Items
A. The following Bid Schedule Items, designated as Base Bid Item Numbers 1 through 8, comprise the Work described in the Contract Documents.
B. Refer to Bid Schedule for description of basis of award.
C. Bid Item No. 1 – Mobilization
a. Specification References: Special Provisions Section 701 b. Measurement and Payment:
i. Measurement and payment for Bid Item No. 1 Mobilization shall be made at the contract Lump Sum price. The price shall be considered full compensation for the furnishing of all materials and for all labor, equipment, traffic control, tools, and all incidentals necessary to complete all aspects of the work.
ii. A 25% payment of the lump sum total will be paid with the first progress payment and the remaining 75% will be paid incrementally over the life of the Contract where these subsequent payments will be based on the percentage of the Contract Time completed to date.
D. Bid Item No. 2 – Stormwater Pollution Prevention Plan (SWPPP) Compliance a. Specification References: Special Provisions Section 702 b. Measurement and Payment:
i. The Contractor shall be paid for work of revising implementing, inspecting, maintaining and removing the Stormwater Pollution Prevention Plan under the contract Lump Sum price basis enumerated in the bid schedule for the Stormwater Pollution Prevention Plan. In addition, failure to properly perform and document the required daily inspections shall result in daily Liquidated Damages of $250 per calendar day. These Liquidated Damages shall be in addition to any other Liquidated Damages. The imposition of Liquidated Damages shall not relieve the Contractor of any obligations of these project requirements.
ii. Payment for the work involved for Bid Item No. 2 for the Stormwater Pollution Prevention Plan (SWPPP) Compliance may be made on a partial payment system based on completion of the following stages of work:
Work Description Payment
Develop Plan 10% of Bid Price
Initial Plan Implementation 10% of Bid Price
CC Agreement No. 2023-149
Project No. MC-2023-5 Section 704
Special Provisions Page 2
Removal of BMPs at Completion 10% of Bid Price
Inspection & Maintenance of SWPPP 70% of Bid Price
iii. Payment for the Stormwater Pollution Prevention Plan shall include all the labor, materials, equipment, and incidentals for preparing, maintaining and updating a Stormwater Pollution Prevention Plan and complying with all provisions including maintenance and updating of Best Management Practices (BMP's) throughout construction, as specified herein.
iv. Fines and penalties from regulatory agencies levied against the City as a result of the Contractor's work, including action or inactions shall be the responsibility of the Contractor and may be deducted from payments due or to become due to the Contractor.
E. Bid Item No. 3 – Measurement and Dimension Verification a. Description: This work includes location of all existing utilities adjacent or conflicting with work and confirm dimensions for piping installation, pipe supports, driveway, and electrical conduit installation prior to preconstruction meeting and schedule approval.
b. Measurement and Payment: Measurement and payment for Measurement and Dimension Verification shall be made at the contract Lump Sum price based off the Bid Schedule. Compensation and progress payment shall be made as agreed to by the City on the basis of percentage of completed Work on this bid item. This price shall be considered full compensation for furnishing all labor, tools, materials, equipment, and all incidentals to complete this bid item as specified in the Contract Documents.
F. Bid Item No. 4 – Catch Basin Modification and Underground Piping a. Description: This work includes core drilling of existing concrete catch basins, installation of underground piping, pipe seal, grouting, excavation and subgrade preparation for improvements, backfill, and repair of existing rock surface.
b. Measurement and Payment: Measurement and payment for Catch Basin Modification and Underground Piping shall be made at the contract Lump Sum price based off the Bid Schedule. Compensation and progress payment shall be made as agreed to by the City on the basis of percentage of completed Work on this bid item. This price shall be considered full compensation for furnishing all labor, tools, materials, equipment, and all incidentals to complete this bid item as specified and shown in the Contract Documents.
G. Bid Item No. 5 – Above Ground Piping
a. Description: This work includes installation of the piping, valving, anchoring, pipe supports, flow meter (City Furnished), and coating and startup and commissioning of the treated water diversion system. Two weeks prior to CC Agreement No. 2023-149
Project No. MC-2023-5 Section 704
Special Provisions Page 3
installation, Contractor shall submit a site plan showing location of all equipment, structures, piping, and conduit for approval by the City. The work includes, but is not limited to all work related to the procurement and installation of the treated water diversion piping as shown on the Drawing Exhibits/Appendices, along with startup and commissioning activities, and all other incidental Work necessary to complete the treated water diversion Installation Work in accordance with the Contract Documents.
b. Measurement and Payment: Measurement and payment for Piping shall be made at the contract Lump Sum price. Compensation and progress payment shall be made as agreed to by the City on the basis of percentage of completed Work on this bid item. This price shall be considered full compensation for furnishing all labor, tools, materials, equipment and all incidentals to complete this bid item as specified in the Contract Documents.
H. Bid Item No. 6 – Driveway and Sidewalk
a. Description: This work includes design, and construction of concrete driveway, and sidewalk. The work includes, but is not limited to the demolition of existing curb and gutter, removals, saw cutting, excavation, sub-grade preparation, aggregate base, concrete work, asphalt conform, and all other incidental Work necessary to complete Driveway and Sidewalk in accordance with the Contract Documents.
b. Measurement and Payment: Measurement and payment for Driveway and Sidewalk shall be made at the contract Lump Sum price. Compensation and progress payment shall be made as agreed to by the City on the basis of percentage of completed Work on this bid item. This price shall be considered full compensation for furnishing all labor, tools, materials, equipment and all incidentals to complete this bid item as specified and shown in the Contract Documents.
I. Bid Item No. 7 – Electrical
a. Description: This work includes design, fabrication, and construction of all electrical work to install GFI receptacle, and all other incidental Work necessary to complete GFI receptacle and flow meter Work in accordance with the Contract Documents.
b. Measurement and Payment: Measurement and payment for Electrical shall be made at the contract Lump Sum price. Compensation and progress payment shall be made as agreed to by the City on the basis of percentage of completed Work on this bid item. This price shall be considered full compensation for furnishing all labor, tools, materials, equipment and all incidentals to complete this bid item as specified and shown in the Contract Documents.
END OF SECTION 704
CC Agreement No. 2023-149
APPENDIX
Project No. MC-2023-5
APPENDICES
APPENDIX A – PERMITS
1. NOT USED
APPENDIX B – STANDARDS
1. City of Camarillo Standard Plate E-6.1
2. City of Camarillo Standard Plate E-6.2
3. SPPWC Standard Plan 112-2 Curb & Sidewalk Joints
4. Notice of Potential Claim Form
5. Construction and Demolition Materials Management Plan Estimate for Capital Projects
APPENDIX C – STORMWATER
1. Stormwater Pollution Prevention Plan (SWPPP) on file APPENDIX D – PREVAILING WAGE RATES
1. Download at http://www.dir.ca.gov/dlsr/PWD/index.htm APPENDIX E – DRAWING EXHIBITS
1. Drawing Exhibits
2. Existing Catch Basin Shop Drawings
CC Agreement No. 2023-149
APPENDIX
Project No. MC-2023-5
APPENDIX A – PERMITS
1. NOT USED
CC Agreement No. 2023-149
APPENDIX
Project No. MC-2023-5
APPENDIX B – STANDARDS
1. City of Camarillo Standard Plate E-6.1
2. City of Camarillo Standard Plate E-6.2
3. SPPWC Standard Plan 112-2 Curb & Sidewalk Joints
4. Notice of Potential Claim Form
5. Construction and Demolition Materials Management Plan Estimate for Capital Projects
CC Agreement No. 2023-149
CC Agreement No. 2023-149
CC Agreement No. 2023-149
CC Agreement No. 2023-149
City of Camarillo
NOTICE OF POTENTIAL CLAIM (NOPC)
TO
SPECIFICATION
NUMBER
DATE
IDENTIFICATION
NUMBER
Resident Engineer
This is a Notice of Potential Claim for additional compensation submitted as required under the provisions of Section 12 of the General Conditions/Specifications. The act of the engineer, or his/her failure to act, or the event, thing, occurrence, or other cause giving rise to the potential claim occurred on: Date:
The particular nature and circumstances of this potential claim are described as follows, including costs involved (with breakdown):
The reasons for which I believe additional compensation may be due are:
The nature of the costs involved and amount of Potential Claim (provide estimate if accurate figures are not available or describe types of expenses involved):
(attach additional sheets as needed)
The undersigned originator (Contractor or Subcontractor as appropriate) certifies that the above statements and attached documents are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim to be further considered, unless resolved, must fully conform to the requirements in Section 12 of the General Conditions and must be restated as a claim in the Contractors written statement of claims in conformance with the Standard Specifications and Public Contract Code Section 20104 et seq..
SUBCONTRACTOR or CONTRACTOR ________________________________________ (Circle One) Firm
________________________________________ ________________________________________ (Signature of Authorized Representative) Printed Name
For a subcontractor potential claim
This notice of potential claim is acknowledged, certified and forwarded
________________________________________ ________________________________________ PRIME CONTRACTOR Printed Name
(Signature of Authorized Representative)
(For City Use Only)
Received (Resident Engr) Date
CC Agreement No. 2023-149
CC Agreement No. 2023-149
APPENDIX
Project No. MC-2023-5
APPENDIX C – STORMWATER
1. Stormwater Pollution Prevention Plan (SWPPP) on file
CC Agreement No. 2023-149
APPENDIX
Project No. MC-2023-5
APPENDIX D – PREVAILING WAGE RATES
1. Download at http://www.dir.ca.gov/dlsr/PWD/index.htm CC Agreement No. 2023-149
APPENDIX
Project No. MC-2023-5
APPENDIX E – DRAWING EXHIBITS
1. Drawing Exhibits (2 Sheets)
2. Existing Catch Basin Shop Drawings
CC Agreement No. 2023-149
LSLL
LE
STAIRWAY
LSHH
20" - DI - TW
8" - DI - TW
2 D-001
5' WIDE SIDEWALK PER DET
C1001 . MATCH EXISTING
GRADE AT STAIRWAY LANDING,
SLOPE AWAY 2%
CB # 19
CB # 10
PROVIDE 2#10, #10G FROM NEAREST EXISTING GFI
RECEPTACLE TO NEW GFI RECEPTACLE. NEW
RECEPTACLE SHALL BE IN WEATHERPROOF COVER.
NEW CONDUIT SIZE AND TYPE SHALL MATCH
EXISTING CONDUIT.
WPGFI
PIPE SUPPORT PER
DETAIL M2110
SUPPORTED ON
CONCRETE BASE PER
DETAIL M5025
REPLACE EXISTING 6" SCH 80
PVC PIPE WITH 12" SCH. 80 PVC
PIPE. MAINTAIN 2% SLOPE
BETWEEN CB #19 AND CB #10.
SEE SECTION VIEW FOR
ADDITIONAL INSTALLATION
REQUIREMENTS. PROTECT
EXISTING CURB IN PLACE, OR
REPLACE IN-KIND.
EXISTING GFI
RECEPTACLE
8" V-PORT BALL VALVE 60
DEG. V-PORT ANGLE WITH
CARBON STEEL BODY AND
STAINLESS BALL
OPERATOR TO BE
SELECTED FOR 75 PSIG
UNSEATING PRESSURE
316L STAINLESS STEEL 1" FLUSHING
COCK PER DETAIL M5050 AT TOP OF
PIPE FOR CHEMICAL ADDITION
1 3' - 0"
TYP
1' - 6"
TYP
DEMOLISH EXISTING CURB FOR
INSTALLATION OF DRIVEWAY SIMILAR
TO CITY OF CAMARILLO RURAL
DRIVEWAY STANDARDS (PLATES E-6.1
AND E-6.2) MODIFIED TO DIMENSIONS
SHOWN
6" - DI - TW
FE
EL. 221.00'
GRADE
EL. 215.98'
INV EL
EL. 216.97'
INV EL.
EL. 229.26'
CL
EL. 216.68'
-
8" - DI - TW
10" - DI
REMOVE EXISTING 10" DUCTILE
IRON PIPE SPOOL AND REPLACE
WITH NEW 10" DUCTILE IRON PIPE
SPOOL AND TEE ASSEMBLY
PIPE SUPPORT PER
DETAIL M2110, TYP OF 2
10"x8"
REDUCING TEE
CB #19
CB #10
CORE DRILL WALL AS NEEDED
AFTER DEMO OF 6" PIPE FOR
INSTALLATION OF 12" PIPE. SEE
SPECIFICATION NOTE 13 FOR
ADDITIONAL REQUIREMENTS.
M5025
EPDM FLANGED DUCKBILL
CHECK VALVE, RED VALVE
TIDEFLEX SERIES 35, PROCO
PROFLEX STYLE 710 OR
EQUAL
GROOVED END
COUPLING
EXISTING 10" FLG
x MJ ADAPTER
6" - DI - TW
6" FLOW METER
(NOT TO SCALE)
FE
Path:
Plot Date:
DRN BY: DES BY: CK'D BY:
APPROVED:
CITY ENGINEER, PUBLIC WORKS
SPEC. NUMBER:
SHEET OF
PROJ. NUMBER
DATE
SEAL:
1000 WILSHIRE BOULEVARD, SUITE 1690
LOS ANGELES, CA 90017
PHONE: 213-271-2300
2 PREPARED BY:
REV. DESCRIPTION APP'D DATE
DEPARTMENT OF PUBLIC WORKS
CITY OF CAMARILLO
TITLE REVIEWED DATE
TRAFFIC ENGINEER
DIRECTOR, COMMUNITY DEVELOPMENT
PRINCIPAL ENGINEER
WATER SUPERINTENDENT
WATER RECLAIMATION SUPERINTENDENT
STORM WATER PROGRAM MANAGER
PW MAINTENANCE SUPERINTENDENT
MC-2023-5
BIM 360://151187 - GW_Desalter/151187-D-09V18.rvt
7/10/2023 2:51:40 PM
A.T.I.P. A.L.
1 TREATED WATER DIVERSION -
NORTH PLEASANT VALLEY
GROUNDWAER DESALTER
PLAN AND SECTION
D-001
SCALE: 3/8" = 1'-0"
PLAN
D-001 SCALE: 3/8" = 1'-0"
2 SECTION
1. SCOPE OF WORK:
MODIFY EXISTING TREATED WATER PUMP STATION TO INCLUDE A MANUAL BYPASS TO THE PLANT'S STORM DRAINAGE SYSTEM. PROVIDE AND INSTALL ALL PIPING, VALVES, SUPPORTS, AND APPURTENANCES TO COMPLETE THE WORK. THE EXISTING TREATED WATER PUMP STATION IS A POTABLE WATER PUMP STATION, ALL COMPONENTS SHALL BE ANSI/NSF 61 CERTIFIED AND THE PUMP STATION SHALL BE DISINFECTED PER AWWA C651 AND C653 STANDARDS PRIOR TO BEING BROUGHT BACK INTO SERVICE. COORDINATE WITH PLANT STAFF ON SHUTDOWNS, SEE SHUTDOWNS/SEQUENCING AND SUBMITTAL REQUIREMENTS BELOW.
2. MANDATORY SITE WALK SHALL BE HELD AT TIME INDICATED BY THE CITY, DURING SITE WALK THE FOLLOWING ITEMS WILL BE DISCUSSED AND IDENTIFIED:
- LAYDOWN/STAGING AREA
- SITE ACCESS
- PORTABLE TOILET AND WASHING FACILITIES (CONTRACTOR TO PROVIDE)
3. SHUTDOWNS/SEQUENCING
CONTRACTOR SHALL BE LIMITED TO 2 SHUTDOWNS IN TOTAL, EACH UP TO 8 HOURS OF THE PRODUCT WATER PUMP STATION. SEE SUBMITTAL REQUIREMENTS FOR ADDITIONAL REQUIREMENTS.
4. CONTRACTOR SHALL SUPPLY ALL POWER NEEDED FOR PROJECT WORK USING PORTABLE SOURCES.
CITY WILL ALLOW USE OF NEARBY 120V RECEPTACLES IF AVAILABLE. CONTRACTOR SHALL PROVIDE ALL CABLING, EXTENSION WIRING, AND SAFETY DEVICES.
5. SUBMITTALS:
A. WORK PLAN. WORK SHALL BE COORDINATED WITH THE PLANT TO MINIMIZE DISRUPTION TO OPERATIONS. WORK PLAN SHALL INCLUDE FLUSHING AND DISINFECTION PLAN TO MEET AWWA C651 AND C653 STANDARDS.
B. IF SHUTDOWN OR ISOLATION OF EQUIPMENT OR FACILITIES IS REQUIRED, COORDINATE WITH THE PLANT AND SUBMIT A REQUEST AT LEAST 2 WEEKS AHEAD OF PROPOSED SHUTDOWN.
C. PIPING - PRODUCT INFORMATION, CERTIFICATIONS, AND LAYOUT. PIPING LAYOUT DRAWINGS SHALL BE BASED ON FIELD VERIFIED INFORMATION, SEE SPECIFICATION NOTE 11 BELOW.
D. VALVING - PRODUCT INFORMATION, CERTIFICATIONS. COORDINATE ORIENTATION IN PIPING LAYOUT
E. PIPE SUPPORTS - PRODUCT INFORMATION
F. ANCHORAGE - PRODUCT INFORMATION
G. CONCRETE AND REINFORCING STEEL
H. FLOW METER
6. ANCHORS FOR PIPE SUPPORTS SHALL BE 316 STAINLESS STEEL ADHESIVE ANCHORS WITH DIMENSIONS AND MANUFACTURER PER THE DRAWINGS.
7. GASKET AND OTHER RESILIENT SEALING MATERIALS FOR VALVES, COUPLINGS, AND END CONNECTIONS SHALL BE EPDM.
8. GROUT SHALL BE CEMENTITIOUS NON-SHRINK, NON-METALLIC, AGGREGATE GROUT: FIVE STAR PRODUCTS INC. FIVE STAR GROUT; BASF MASTERFLOW 928; SIKA CORPORATION SIKAGROUT 212, OR
APPROVED EQUAL
9. ALL NEW CONCRETE SHALL BE NORMAL WEIGHT AND SHALL ATTAIN MINIMUM COMPRESSIVE STRENGTH AT 28 DAYS OF 4,500 PSI.
10. REINFORCING STEEL BARS AND DOWELS SHALL BE DEFORMED BILLET STEEL IN CONFORMANCE WITH ASTM A615/A705, GRADE 60.
11. CONTRACTOR SHALL FIELD VERIFY ALL ELEVATIONS AND DIMENSIONS REQUIRED TO COMPLETE THE WORK PRIOR TO BEGINNING WORK.
12. SEE ATTACHMENT 1 FOR EXISTING CATCH BASIN SHOP DRAWINGS.
13. PIPE SEAL AND GROUT AT PRE-CAST CATCH BASINS
A. WHERE POLYETHYLENE, PLASTIC OR PVC PIPE IS UTILIZED, CONNECTIONS BETWEEN VAULT AND PIPES SHALL BE MADE WITH FLEXIBLE RUBBER SLEEVES WITH STAINLESS STEEL STRAPS AND BOLTS.
PROVIDE AN ELASTOMERIC WATERSTOP GASKET WHERE SLEEVE SIZES ARE NOT COMMERCIALLY AVAILABLE.
B. THE ANNULAR SPACE AROUND THE PIPE WALL OR SLEEVE SHALL BE PACKED WITH “MASTERFLOW 713” BY MASTER BUILDERS, “FIVE STAR GROUT” BY U.S. GROUT CORP.; OR EQUAL. BEFORE THE GROUT HAS SET, CONTRACTOR SHALL RECHECK INVERT ELEVATIONS OF THE PIPE.
14. DUCTILE IRON PIPE
A. FLANGE BOLT LENGTH PER ASME B16.5 PLUS THREE ADDITIONAL THREADS. HEX HEAD BOLT DIMENSIONS PER ASME B18.2.1. CLASS 2A STANDARD COARSE SERIES THREADS PER ASME B1.1, STANDARD COARSE THREAD SERIES. METALLURGY PER AWWA C111.
B. PIPE SHALL BE PRESSURE CLASS 350 AND MEET AWWA C151.
C. FITTINGS SHALL BE DUCTILE IRON ASTM A536-GR 65, DIM. PER AWWA C110 OR C153.
D. FLANGES SHALL BE DUCTILE IRON AWWA C115 FOR PIPE, AWWA C110 FOR FITTINGS, DIM. PER ASME B16.1-CLASS 125.
15. COATING
A. PROVIDE COATING FOR ALL PIPES, SUPPORTS, VALVES, AND APPURTENANCES.
B. COATING SHALL BE SYSTEM EU-1, ZINC-EPOXY-POLYURETHANE SYSTEM WITH SURFACE PREPARATION PER THE MANUFACTURER’S RECOMMENDATIONS. 3 TO 4 MILS OF ZINC RICH PRIMER, ONE INTERMEDIATE OR PRIMER EPOXY COAT AT 5 TO 6 MILS AND ONE FINISH COAT OF POLYURETHANE AT 2 TO 3 MILS DFT.
COATING SYSTEM INCLUDING INTERMEDIATE AND FINISH COATS SHALL BE BY A SINGLE COATING SYSTEM MANUFACTURER. COATING SYSTEM MANUFACTURERS SHALL BE AMERON, CARBOLINE, SHERWIN WILLIAMS, TNEMEC OR EQUAL.
INTERMEDIATE COAT(S) SHALL BE AMERON AMERLOCK 400, CARBOLINE CARBOGUARD 890, SHERWIN WILLIAMS MACROPOXY 646 100, OR TNEMEC SERIES V69.
FINISH COAT(S) SHALL BE AMERON AMERSHIELD VOC, CARBOLINE CARBOTHANE 134 VOC, SHERWIN WILLIAMS HI SOLIDS POLYURETHANE 100, OR TNEMEC SERIES 1075.
16. TURBINE STYLE FLOW METER
A. INSTALL OWNER FURNISHED 6" TURBINE STYLE FLOW METER, RECORDALL MODEL TURBO SERIES 2000 METER, REDUCERS, AND PIPE NOT SHOWN TO SCALE..
SPECIFICATIONS: OFF-SPEC DIVERSION
STANDARD OPERATING
PROCEDURE:
1. USE OF THE OFF-SPEC DIVERSION PIPING AND VALVING IS A MANUAL PROCESS TO BE USED DURING STARTUP OF THE PLANT.
2. REMOVE FLO-GUARD CATCH BASIN INSERTS AT CATCH BASIN NO. 19 AND NO. 10 TO PREVENT DAMAGE TO THE DEVICES.
3. CONFIGURE VALVES SUCH THAT FLOW FROM THE TREATED
WATER PUMP STATION GOES TO CATCH BASIN #19 IN-LIEU OF THE DISTRIBUTION SYSTEM.
4. OPERATE IN SINGLE RO -TRAIN MODE AND TREATED WATER
PUMPS BETWEEN 40 TO 50% SPEED. FLOWS GREATER THAN THIS WILL OVERWHELM THE STORM DRAIN SYSTEM.
1 PLAN
NORTH
LC VI I
STATE OF
AINROFILAC
LA
C 83380
REENIGNE
NOISSEFORPDERETSI
GER ANDREW
DUONG ANH
TRAN
17. PIPE TRENCH, BEDDING AND BACKFILL
A. PIPE TRENCH SHALL CONFORM TO CAMARILLO SANITARY DISTRICT STANDARD PLATE 12.
B. UNIFORMLY EXCAVATE AND SMOOTH THE BOTTOM OF THE TRENCH TO THE GRADE OF THE BOTTOM OF THE PIPE BEDDING. REMOVE LOOSE OR DISTURBED MATERIAL FROM THE BOTTOM OF THE TRENCH, INCLUDING EXCAVATOR RIDGES. THE BOTTOM
OF THE TRENCH SHALL BE CARRIED TO THE REQUIRED GRADES WITH PROPER ALLOWANCE FOR THE PIPE THICKNESS AND FOR THE BEDDING AS SPECIFIED.
D. BACKFILL SHALL BE IN ACCORDANCE WITH GREENBOOK SECTION 217-2.
BACKFILL SHALL BE COMPACTED TO 90 PERCENT RELATIVE
COMPACTION TO GROUND SURFACE.
C. PROVIDE MINIMUM 6" OF PIPE BEDDING MATERIAL. BEDDING SHALL BE PLACED
SIMULTANEOUSLY ON BOTH SIDES OF THE PIPE, KEEPING THE LEVEL OF BACKFILL THE SAME ON EACH SIDE. THE MATERIAL SHALL BE CAREFULLY PLACED AND
COMPACTED AROUND THE PIPE TO ENSURE THAT THE PIPE BARREL IS COMPLETELY
SUPPORTED AND THAT NO VOIDS OR UNCOMPACTED AREAS ARE LEFT BENEATH THE PIPE. CONTRACTOR SHALL USE PARTICULAR CARE IN PLACING MATERIAL ON THE UNDERSIDE OF THE PIPE TO PREVENT LATERAL MOVEMENT DURING BACKFILLING. (NOT TO SCALE)
(NOT TO SCALE)
INSTALL CITY FURNISHED
6" TURBINE FLOW METER
CC Agreement No. 2023-149
NOTE:
1. WIDTH AS REQUIRED TO MEET
MINIMUM EDGE DISTANCE OF
EQUIPMENT OR SUPPORT BASE
ANCHORAGE.
WIDTH AS SPECIFIED 1/4"
NOTE:
PROVIDE 1/8" X 1/2" DEEP JOINT EVERY 4 FT AND FULL
JOINT WITH PREFORMED JOINT FILLER EVERY 20 FT.
4" AGGREGATE BASE
JOINT FILLER
REQUIRED
BETWEEN ADJACENT
CONCRETE SURFACES
4" CONCRETE
WWF 6x6-
W4xW4
CENTER IN SLAB
NO SCALEC1001 CONCRETE WALK
NO SCALE
M2110 TYPE 10 PIPE STANCHION SADDLE
PIPE STANCHION
SADDLE, MSS TYPE 37
DRILL SADDLE AND
STANCHION. INSTALL
3/4-INCH BOLT, LOCK
WASHER, AND NUT
TYPE N STRUCTURAL
ATTACHMENT (M3113)
3" THROUGH 20" PIPE
NO SCALE
1/4
M3113 TYPE N PIPE STANCHION FLOOR ATTACHMENT
PIPE STANCHION,
SIZE AS SPECIFIED
1/2" MIN STL PL
GROUT AFTER
LEVELING
LEVELING NUT
5/8" SS ANCHOR BOLT,
OR EXP ANCHOR WITH FULL
THREADED STUDS
FINISHED FLR
1" TO 4"
D+6" SQ
D
1" TYP
NO SCALE
M5025 CONCRETE BASE
NO SCALE
M5050 FLUSHING COCK
(FOR AIR RELEASE OR DRAIN AS REQUIRED)
1" MALE NPT x 1" MALE
CAM-LOCK FITTING
1" BALL VALVE-TYP
1" CLOSE NIPPLE-TYP
HALF COUPLING OR EQ. INSTALL
BEFORE PIPE IS LINED, TYP
AIR
RELEASE
SERVICE PIPE
BLIND FLG TAPPED FOR 1"
NPT, ECC FOR HORIZ, CONC
FOR VERT PIPE.
END OF RUN
CONDITION
DRAIN
HORIZ
RUN CONDITION
NOTE:
WHEN SERVICE PIPE IS MORE THAN 6 FEET
ABOVE FLOOR, DRAIN AND/OR AIR RELEASE
SHALL BE PIPED DOWN NEAREST WALL WITH
VALVE 4 FEET ABOVE FLOOR.
Path:
Plot Date:
DRN BY: DES BY: CK'D BY:
APPROVED:
CITY ENGINEER, PUBLIC WORKS
SPEC. NUMBER:
SHEET OF
PROJ. NUMBER
DATE
SEAL:
1000 WILSHIRE BOULEVARD, SUITE 1690
LOS ANGELES, CA 90017
PHONE: 213-271-2300
2 PREPARED BY:
REV. DESCRIPTION APP'D DATE
DEPARTMENT OF PUBLIC WORKS
CITY OF CAMARILLO
TITLE REVIEWED DATE
TRAFFIC ENGINEER
DIRECTOR, COMMUNITY DEVELOPMENT
PRINCIPAL ENGINEER
WATER SUPERINTENDENT
WATER RECLAIMATION SUPERINTENDENT
STORM WATER PROGRAM MANAGER
PW MAINTENANCE SUPERINTENDENT
MC-2023-5
BIM 360://151187 - GW_Desalter/151187-D-09V18.rvt
7/10/2023 1:10:35 PM
A.T.I.P. A.L.
2 TREATED WATER DIVERSION -
NORTH PLEASANT VALLEY
GROUNDWATER DESALTER
DETAILS
D-002
LC VI I
STATE OF
AINROFILAC
LA
C 83380
REENIGNE
NOISSEFORPDERETSI
GER
OO
ANDREW
DUONG ANH
TRAN
TAP PIPE AND REPAIR PIPE LINING PRIOR TO
INSTALLATION. INSTALL SERVICE SADDLE
CLAMP, FORD JONES, OR APPROVED EQUAL.
2. PROVIDE MINIMUM 2" REBAR COVER
TOOLED FINISH OR 3/4"
CHAMFER ALL AROUND
MIN 3'-0 LONG OR AS
SPECIFIED
FINISHED
GRADE
#4 @ 12"
4-#4
4 "
#4@ 12" O.C. E.W.
SEE NOTE 1
18"
SPECIFIE
FINISHED
GRADE
4"
CC Agreement No. 2023-149
ATTACHMENT # 1: EXISTING CATCH
BASIN SHOP DRAWINGS
CC Agreement No. 2023-149
NOTES: UNLESS OTHERWISE SPECIFIED.
1. CONCRETE SHALL HAVE A MINIMUM
COMPRESSIVE STRENGTH F C= 5000 PSI AT 28
DAYS. MIX DESIGN - DRY CAST
2. JOINTS TO BE SEALED WITH BUTYL
SEALANY. CONSEAL CS-102.
3. CONTRACOR TO VERIFY HEIGHTS PRIOR TO
RELEASE.
4. FLOWGARD CATCH BASIN INSERTS TO BE
SUBMITTED SEPARATELY.
B
C
D
CC Agreement No. 2023-149
Knockout Knockout A B C D Delta to A
Quantity Separation Rim EL Invert EL (Rim EL - Invert EL) (Base w/ Floor) (Risers + Frame and Grate) (B + C) (D-6-A) Description (EA) (DEG) (FT) (FT) (IN) (IN) (IN) (IN) (IN) Notes CB #1 4 90 219.61 215.12 53.88 48.00 18.00 66.00 6.12 Street Catch Basin CB #2 2 90 220.30 215.36 59.28 48.00 24.00 72.00 6.72 Street Catch Basin CB #3 3 90 219.82 215.77 48.60 48.00 12.00 60.00 5.40 Street Catch Basin CB #4 3 90 220.15 216.17 47.76 48.00 12.00 60.00 6.24 Street Catch Basin CB #5 4 90 221.24 216.41 57.96 48.00 24.00 72.00 8.04 Street Catch Basin CB #6 3 90 220.17 216.55 43.44 48.00 6.00 54.00 4.56 Street Catch Basin CB #7 2 90 221.02 216.61 52.92 48.00 18.00 66.00 7.08 Street Catch Basin CB #8 1 N/A 220.49 216.61 46.56 48.00 12.00 60.00 7.44 Street Catch Basin CB #9 1 N/A 220.54 216.10 53.28 48.00 18.00 66.00 6.72 Street Catch Basin CB #10 4 90 220.20 215.98 50.64 48.00 12.00 60.00 3.36 Street Catch Basin CB #11 3 90 220.19 216.22 47.64 48.00 12.00 60.00 6.36 Street Catch Basin CB #12 1 N/A 220.08 216.42 43.92 48.00 6.00 54.00 4.08 Street Catch Basin CB #13 2 90 220.29 216.10 50.28 48.00 12.00 60.00 3.72 Street Catch Basin CB #14 1 N/A 221.19 217.66 42.36 42.00 12.00 54.00 5.64 Area Catch Basin CB #15 1 N/A 220.59 217.20 40.68 42.00 6.00 48.00 1.32 Area Catch Basin CB #16 1 N/A 222.00 218.63 40.44 42.00 6.00 48.00 1.56 Area Catch Basin CB #17 1 N/A 220.02 216.78 38.88 42.00 6.00 48.00 3.12 Area Catch Basin CB #18 1 N/A 220.50 216.65 46.20 42.00 12.00 54.00 1.80 Area Catch Basin CB #19 1 N/A 220.99 216.97 48.2 4 42.00 18.00 60.00 5.7 6 Area Catch Basin Catch Basin Release Data
CC Agreement No. 2023-149
CC Agreement No. 2023-149
CC Agreement No. 2023-149