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City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers 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.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be
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additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
City’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. No claims made insurance will be accepted by City.
XIII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in
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good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
XIV. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.
CONTRACTOR must ensure registration with the DIR that is active and in good standing.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
XV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.
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XVI. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.
XVII. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:
1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
XVIII. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of two thousand dollars ($2,000) for each and every calendar day of delay beyond the Contract Time, or beyond any completion
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schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.
CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.
CONTRACTOR is to refer to Section Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.
XIX. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
Notice Inviting Bids Proposed Subcontractors
Scope of Summary Bid Bond
Information for Bidders Information Required of Bidder
Bid Form Contract
Non-Collusion Affidavit Certificate Re. Worker’s Compensation Site Visit Certification Drug-free Workplace Certification Faithful Performance Bond Plans and Specifications
Labor and Materials Payment Bond Addenda
General Conditions Drawings
Supplementary General Conditions Change Orders
Special Conditions Shop Drawings Transmittals
All of the above named CONTRACT DOCUMENTS are intended to be complementary.
Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.
XX. ENTIRE CONTRACT
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This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.
CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ ATTACHMENTS:
Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond
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PERFORMANCE BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 20__, and identified as project _______________________________________________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and _____________________________________, as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as “El Centro”) in the penal sum of ____________________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by El Centro in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
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In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on ______________________, 20__.
(SEAL) (SEAL)
(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PERFORMANCE BOND –
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PAYMENT BOND
PAYMENT BOND
Whereas, the City Council of the City of El Centro, State of California, and ________________________ (hereinafter designated as ''the Principal") have entered into an Agreement dated _________________ and described as
________________________________________________________________ _______________________________________________________________ whereby the Principal agrees to install and complete certain designated public improvements identified as _________________________which are part of City project ________________________________________________, and which Agreement is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, the Principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of El Centro to secure the claims referenced in Civil Code Sections 9550 et seq.; and Now, therefore, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of El Centro and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement and referenced in Sections 9550 et seq of the Civil Code in the sum of
_________________________________________dollars ($________________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of El Centro in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9550 et seq of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
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In witness whereof, this instrument has been duly executed by the principal and surety above named, on___________, 20 _______________________________ _________________________ (CONTRACTOR) (Surety)
By:___________________________ By:_______________________________ (Signature) (Signature)
-END OF PAYMENT BOND-
- END OF CONTRACT DOCUMENTS -
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GENERAL CONDITIONS
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GENERAL CONDITIONS
ARTICLE 1 -- DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof.
Where an entire word is capitalized in the definitions and is found un-capitalized in the Contract Documents it has the ordinary dictionary definition.
Addenda - Written or graphic instruments issued prior to the opening of Bids which make additions, deletions or revisions to the Contract Documents.
Agent - OWNER is the Agent of OWNER.
Agreement - The written contract between OWNER and CONTRACTOR covering the WORK to be performed including all other documents are attached to the Agreement and made a part thereof as provided therein.
Allowance - A Bid item that adds a specified quantity of WORK to the Agreement work scope which OWNER may unilaterally direct CONTRACTOR to perform, or elect not to have performed.
Application for Payment - The form furnished by OWNER which is to be used by CONTRACTOR to request progress or Final Payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents.
Asbestos - Any material that contains more than one (1) percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration (“OSHA”).
Beneficial Occupancy - Use by OWNER of the WORK prior to final acceptance.
Bidder - Any individual, firm, partnership, corporation or combination thereof, submitting a Bid for the WORK, acting directly or through a duly authorized representative.
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price or prices for the WORK.
Bidding Documents - The advertisement or Invitation to Bid, Instructions to Bidders, the Bid form, the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) and all documents referenced as include with these Bid Documents.
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Bonds - Bid, Performance and Payment Bonds and other instruments which protect against loss due to inability or refusal of CONTRACTOR to perform its contract.
Change Order - A document recommended by OWNER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the WORK, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.
City of El Centro - OWNER (See OWNER’s definition in this section).
Claim - A dispute becomes a Claim only after CONTRACTOR receives and refuses to accept OWNER’s initial determination, and is certified as required by Article 16.3.
Codes - The terms Government Code, Labor Code, etc. refer to codes of the State of California.
Contract Documents - The Notice Inviting Bids, Instructions to Bidders, Bid forms (including the Bid, Bid schedule(s), information required of Bidder, Bid bond, and all required certificates and affidavits), Agreement, Performance Bond, Payment Bond, General Conditions, Supplementary General Conditions, SPECIAL PROVISIONS, Drawings and all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents.
Contract Manager - The City is the Contract Manager.
Contract Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date of a portion of the WORK, or a period of time within which the portion of the WORK should be performed prior to Substantial Completion of all the WORK.
Contract Price - The total monies payable by OWNER to CONTRACTOR under the terms and conditions of the Contract Documents.
Contract Time - The number of successive calendar Days stated in the Contract Documents for the completion of the WORK.
CONTRACTOR - The individual, partnership, corporation, joint venture or other legal entity with whom OWNER has executed the Agreement.
Day - A calendar day of twenty-four (24) hours measured from midnight to the next midnight.
Defective Work - Work that is unsatisfactory, faulty or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents; or work that has been damaged by anyone other than OWNER prior to OWNER’s recommendation of final payment.
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Demobilization - The complete dismantling and removal by CONTRACTOR of all of CONTRACTOR’s temporary facilities, equipment and personnel at the site.
Drawings - The drawings, plans, maps, profiles, diagrams and other graphic representations which indicate the character, location, nature, extent and scope of the WORK and which have been prepared by OWNER and are referred to in the Contract Documents. Shop Drawings are not Drawings as so defined.
Disputed Work - A dispute exists from the time CONTRACTOR disagrees with a decision or determination made by OWNER until OWNER renders an initial determination. If the issue is unresolved it becomes a Claim.
Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.
Engineer - Wherever the word Engineer is found in these Contract Documents or in any referenced document, it shall mean OWNER.
Field Order - A written order issued by OWNER which changes the Agreement WORK scope and involves a change in the Contract Price or Contract Time or the intent of the Agreement.
Final Payment - is defined as the last progress payment made to CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Article 14. CONTRACTOR is entitled to this payment when the Notice of Completion is issued.
General Conditions - Section General Conditions of the Contract Specification.
Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time or, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
Holidays - Legal Holidays observed by OWNER occur on:
New Year’s Day - January 1
Martin Luther King’s Birthday - Third (3rd) Monday in January President’s Day - Third (3rd) Monday in February
Good Friday – The afternoon of the Friday before Easter Memorial Day - Last Monday in May
Juneteenth – June 19
Independence Day - July 4
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Labor Day - First (1st) Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth (4th) Thursday in November
The Day after Thanksgiving – The Friday after the fourth (4th) Thursday in November Christmas Eve – The afternoon of December 24
Christmas Day - December 25
New Year’s Eve – The afternoon of December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays.
Interfacing Work - Work which connects to, abuts or meets with work of another contractor.
Laws and Regulations - Any and all applicable laws, rules, regulations, ordinances, codes and/or orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.
Lump Sum Work - Work to be paid on the basis of lump sum prices.
Mechanic’s Lien - A form of security, an interest in real property, which is held to secure the payment of an obligation. When referred to in these Contract Documents, Mechanic’s Lien or lien means Stop Notice.
Milestone - See Contract Milestone.
Mobilization - The establishment by CONTRACTOR of the temporary facilities, equipment and personnel at the site thereby enabling the WORK to commence.
Notice of Award - The written notice by OWNER to the apparent low Bidder stating that upon compliance by the apparent low Bidder with the conditions precedent enumerated therein within the time specified, OWNER will enter into an Agreement.
Notice of Completion - A form signed by OWNER, OWNER and CONTRACTOR recommending to OWNER that the WORK is complete and fixing the date of completion. After acceptance of the WORK by OWNER’s governing body, the form is signed by OWNER and filed with the County Recorder. This filing starts the thirty (30) Day lien filing period on the WORK.
Notice to Proceed - The written notice issued by OWNER to CONTRACTOR authorizing CONTRACTOR to proceed with the WORK and establishing the date of commencement of the Contract Time.
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OWNER - The City of El Centro, acting through its legally designated officials, officers or employees.
OWNER Order - A written order issued by OWNER which clarifies or interprets the Procurement Documents or orders minor changes or alterations in the scope of WORK to be furnished but which does not involve a change in the Contract Price or the Contract Time.
Partial Utilization - Use by OWNER of a substantially completed part of the WORK for the purpose for which it is intended prior to Substantial Completion of all the WORK. (See Beneficial Occupancy)
PCBs - Polychlorinated biphenyls.
Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (sixty (60) degrees Fahrenheit and fourteen and seventenths (14.7) pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non-Hazardous Wastes and crude oils.
Project - The total construction of which the WORK to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.
Radioactive Material - Source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Sections 2011 et seq.) as amended from time to time.
Request for Information - The standardized form furnished by OWNER for CONTRACTOR’s use when making written requests for information to OWNER, and upon which the response will be answered and returned.
Request for Proposal - The standardized form used by OWNER to request a proposal from CONTRACTOR for proposed changes in the WORK.
Samples - Physical examples of materials, equipment or workmanship that are representative of some portion of the WORK and which establish the standards by which such portion of the WORK will be judged.
Safety - Safety includes health and security.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of WORK and all illustrations, brochures, standard schedules, performance charts, instructions and diagrams to illustrate material or equipment for some portion of the WORK.
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Specifications – The directions, provisions and requirements contained in the Bidding Documents, contract forms, conditions of the Agreement and the SPECIAL PROVISIONS, as listed in the Table of Contents.
Stop Notice - A legal remedy for Subcontractors and Suppliers who contribute to public works, but who are not paid for their work, which secures payment from construction funds possessed by OWNER. For public property, the Stop Notice remedy is designed to substitute for Mechanic’s Lien rights.
Submittals - The information which is specified for submission to OWNER in accordance with Article 6.20 of the General Conditions.
Sub-Consultant - The individual, partnership, corporation, joint venture or other legal entity having a direct contract with OWNER, OWNER or with any of their consultants to furnish services with respect to the Project and who is identified as such in the Supplementary General Conditions.
Subcontractor - An individual, partnership, corporation, joint venture or other legal entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the WORK at the site.
Substantial Completion - Refers to when the WORK has progressed to the point where, in the opinion of OWNER as evidenced by Notice of Completion as applicable, it is sufficiently complete, in accordance with the Contract Documents, so that the WORK can be utilized for the purposes for which it is intended, and after the operation demonstration is complete, where applicable.
SPECIAL PROVISIONS – That section of the Contract Documents consisting of written technical descriptions of products and execution of the WORK.
Supplementary General Conditions - The part of the Contract Documents which make additions, deletions or revisions to these General Conditions.
Supplier - A manufacturer, fabricator, supplier, distributor, material worker or vendor.
Underground Utilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.
Unit Price Work - Specific WORK scope included in the Agreement WORK scope to be paid for on the basis of unit prices. OWNER may unilaterally direct CONTRACTOR to perform the WORK, or elect not to have the WORK performed.
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WORK - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. WORK is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.
Work Change Directive - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and recommended by OWNER, and signed by OWNER ordering an addition, deletion or revision in the WORK, or responding to differing or unforeseen physical conditions under which the WORK is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time.
ARTICLE 2 -- PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATES - When CONTRACTOR delivers the signed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds and Insurance Policies and Certificates as CONTRACTOR may be required to furnish in accordance with the Contract Documents.
2.2 COPIES OF DOCUMENTS - OWNER shall furnish to CONTRACTOR ten (10) copies of the Contract Documents as specified in the Agreement and ten (10) sets of full-scale Drawings.
Additional quantities of the Contract Documents will be furnished at reproduction cost.
2.3 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED - The Contract Time will start to run on the commencement date stated in the Notice to Proceed.
2.4 STARTING THE WORK - CONTRACTOR shall begin to perform the WORK within ten (10) Days after the commencement date stated in the Notice to Proceed, but no work shall be done at the site prior to said commencement date. In addition, any requirements in the Supplemental General Conditions must be satisfied.
2.5 CONTRACTOR MUST STUDY CONTRACT DOCUMENTS - Before undertaking each part of the WORK, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
CONTRACTOR shall promptly report in writing to OWNER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from OWNER before proceeding with any work affected thereby.
2.6 PRELIMINARY SUBMITTALS - Preliminary submittals shall be provided to OWNER in accordance with Division 1 requirements.
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2.7 PRECONSTRUCTION CONFERENCE - CONTRACTOR is required to attend a preconstruction conference. This conference will be attended by OWNER and others as appropriate in order to discuss the WORK in accordance with the applicable procedures specified in the General Requirements.
CONTRACTOR is required to schedule and attend a preconstruction conference with the Imperial Irrigation District (“IID”) prior to the construction or demolition of any electrical improvements.
2.8 SUBCONTRACTOR MOBILIZATION MEETING - Prior to the start of each major Subcontractor’s site work, CONTRACTOR, the involved Subcontractor and OWNER shall attend a pre-start meeting to discuss the schedule, coordination, procedures and other administrative issues.
2.9 CONTRACTOR DUTY TO ADVISE OWNER OF KNOWN OR DISCOVERED PROBLEMS - CONTRACTOR is reminded of his obligation to advise OWNER of any errors and/or omissions in the Contract Documents, or changes to thereof, which CONTRACTOR may be aware through special knowledge or discovered during the Bid process.
ARTICLE 3 -- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.1 INTENT - The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the WORK.
3.2 INTENT OF WORK TO BE FUNCTIONALLY COMPLETE
3.2.1 Work to be Complete - It is the intent of the Contract Documents to describe the WORK to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be supplied whether or not specifically called for or identified in the Contract Documents. When words or phrases which have a wellknown technical or construction industry or trade meaning are used to describe work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning unless a definition has been provided in Article 1 of the General Conditions.
3.2.2 Necessary Utilities - If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the WORK. The implied WORK will conform to the appropriate sections of the technical Specifications.
3.3 CLARIFICATIONS AND INTERPRETATIONS OF THE CONTRACT DOCUMENTS
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3.3.1 Referenced Standards - Reference to standard specifications, manuals or Codes of any technical society, organization or association or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or OWNER or any of their consultants, agents or employees from those set forth in the Contract Documents.
3.3.2 Discovery of Problem Notice - If, during the performance of the WORK, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy with the WORK within the Contract Documents or between the Contract Documents and any provision of any such Laws and Regulations applicable to the performance of the WORK or of any such standard, specification, manual or code or of any instruction of any Supplier, CONTRACTOR shall report it to OWNER in writing within seven (7) calendar Days of discovery. CONTRACTOR shall not proceed with the WORK affected thereby, except in an emergency, unless directed by OWNER. Any WORK performed by CONTRACTOR that is not directed by OWNER shall be at its own risk.
3.3.3 Order of Precedence of Contract Documents - In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:
3.3.3.1 Permits from other agencies as may be required by law.
3.3.3.2 Change Orders
3.3.3.3 Agreement
3.3.3.4 Addenda
3.3.3.5 CONTRACTOR’s Bid (Bid Form)
3.3.3.6 Notice Inviting Bids
3.3.3.7 Instructions to Bidders
3.3.3.8 Supplementary General Conditions
3.3.3.9 General Conditions
3.3.3.10 SPECIAL PROVISIONS
3.3.3.11 Drawings
3.3.3.12 Referenced Standard Specifications
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3.3.4 Order of Precedence of the Drawings - With reference to the Drawings the order of precedence is as follows:
3.3.4.1 Figures govern over scaled dimensions
3.3.4.2 Detail drawings govern over general drawings
3.3.4.3 Addenda/Change Order drawings govern over Contract Drawings
3.3.4.4 Contract Drawings govern over standard drawings
3.4 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS
3.4.1 Amending Contract Documents - The Contract Documents may be amended to provide for additions, deletions and revisions in the WORK or to modify the terms and conditions thereof by a Change Order pursuant to Article 10.
3.4.2 Supplementing Contract Documents - The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the WORK may be authorized, by:
3.4.2.1 - An OWNER Order.
3.4.2.2 - OWNER’s approval of a Shop Drawing or Sample pursuant to Article 6
3.4.2.3 - OWNER’s written interpretation or clarification
3.5 REUSE OF DOCUMENTS - Neither CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the WORK under a contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, technical Specifications or other documents used on the WORK, and they shall not reuse any of them on the extensions of the Project or any other project without written consent of OWNER.
ARTICLE 4 -- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS
4.1 AVAILABILITY OF LANDS - OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the WORK is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR.
Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving CONTRACTOR exclusive occupancy of the lands or rights-of-way provided. CONTRACTOR shall provide, at no additional cost, for all additional lands and access thereto that may be required for temporary construction
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facilities, borrow areas, waste disposal areas or storage of materials and equipment; provided that CONTRACTOR shall not enter upon nor use any property not under the control of OWNER until a written temporary construction easement agreement has been executed by CONTRACTOR and the property owner, and a copy of said easement furnished to OWNER prior to said use; and, neither OWNER nor OWNER shall be liable for any claims or damages resulting from CONTRACTOR’s unauthorized trespass or authorized use of any such properties.
4.2 PHYSICAL SITE CONDITIONS
4.2.1 Reports and Drawings - Reference is made to the Supplementary General Conditions for identification of:
4.2.1.1 Subsurface Condition Reports - Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by OWNER in preparing the Contract Documents; and
4.2.1.2 Drawings of Existing Structures - Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in section 4.4 of Article 4 herein) which are at or contiguous to the site that have been utilized in the preparation of the Contract Documents.
4.2.2 Limited Reliance By CONTRACTOR On The Technical Data - CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings or reports, however, nontechnical data, interpretations and opinions contained in such drawings or reports are not to be relied on by CONTRACTOR. CONTRACTOR may not rely upon or make any claims against OWNER, OWNER or OWNER with respect to:
4.2.2.1 the completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and Safety precautions and programs incident thereto, or
4.2.2.2 other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or
4.2.2.3 any CONTRACTOR interpretation of or conclusion drawn from any technical data or any such data, interpretations, opinions or information.
4.3 DIFFERING SITE CONDITIONS - If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either:
4.3.1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 is materially inaccurate, or
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4.3.2 is of such a nature as to require a change in the Contract Documents, or
4.3.3 differs materially from that shown or indicated in the Contract Documents, or
4.3.4 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, CONTRACTOR shall immediately report it to OWNER then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions thereby or performing any work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and OWNER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any work in connection therewith (except as aforesaid) until receipt of written order to do so.
4.3.5 OWNER Responsibility - OWNER shall promptly investigate the conditions, and if it finds that the conditions do materially so differ and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the WORK, OWNER shall issue a Change Order under the procedures described in Article 10. If OWNER determines that there is no bona fide work scope change or is a minor change which does not impact time or cost, OWNER shall notify CONTRACTOR of this finding within thirty (30) Days.
4.3.6 Disputed Work – If CONTRACTOR and OWNER are unable to reach agreement on Disputed Work, OWNER may direct CONTRACTOR to proceed with the WORK. Payment shall be as later directed by mediation or arbitration, if OWNER and CONTRACTOR agree thereto, or as fixed in a court of law.
Although not to be construed as proceeding under extra work provisions, CONTRACTOR shall keep and furnish records of Disputed Work in accordance with 11.3.
4.3.7 Disallowance of Entitlement - CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Time or will be deemed to have waived his right to such a claim if:
4.3.7.1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Time by the submission of a Bid or becoming bound under the Agreement; or
4.3.7.2 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation of the site and contiguous areas suggested or required by the Bidding Documents: or
4.3.7.3 CONTRACTOR failed to give the written notice within the time and as required by Article
3.3.2. 4.4 UNDERGROUND UTILITIES
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4.4.1 Utilities Indicated - The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the site are based on information and data furnished to OWNER or OWNER by the owners of such Underground Utilities or by others.
Unless it is expressly provided in the Supplementary General Conditions and/or the General Conditions, OWNER and OWNER shall not be responsible for the accuracy or completeness of any such information or data, and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Utilities indicated in the Contract Documents, for coordination of the WORK with the owners of such Underground Utilities during construction, for the Safety and protection thereof and repairing any damage thereto resulting from the WORK, the cost of which will be considered as having been included in the Contract Price.
4.4.2 Utilities Not Indicated - If Underground Utilities are uncovered or revealed at or contiguous to the site which was not indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall identify the owner of such Underground Utilities and give written notice thereof to that owner and shall notify OWNER in accordance with the requirements of the General Conditions and General Requirements.
4.4.3 Action Prior To Starting Work - As provided in section 4216 of the California Government Code, at least two (2) working Days prior to commencing any excavation, CONTRACTOR shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number.
4.4.4 Locate Utilities - CONTRACTOR shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. Full compensation for such work shall be considered as included in CONTRACTOR’s Bid price.
4.4.5 Protection Of Utilities - CONTRACTOR shall not interrupt the service function or disturb the support of any utility, without authority from OWNER or order from the utility owner. All valves, switches, vaults and meters shall be maintained readily accessible for emergency shutoff.
Where protection is required to ensure support of utilities located as shown on the Plans, CONTRACTOR shall, unless otherwise provided, furnish and place the necessary protection at its expense.
4.4.6 Notification Requirements If Utility Disturbed - CONTRACTOR shall immediately notify OWNER and utility owner if any utility is disturbed or damaged. CONTRACTOR shall bear the costs of repair or replacement of any utility damaged by CONTRACTOR.
4.4.7 Removal Of Abandoned Utilities - Unless otherwise specified, CONTRACTOR shall remove all interfering portions of utilities shown on the Plans or indicated in the Bidding Documents as abandoned. Before starting removal operations, CONTRACTOR shall ascertain
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from the Utility Owner whether the abandonment is complete. The costs involved in the removal and disposal shall be included in the price for the item of work necessitating such removals.
4.4.8 Relocation Of Utilities
4.4.8.1 When the Plans or Specifications provide for CONTRACTOR to alter, relocate or reconstruct a utility, all costs for such work shall be included in the Bid.
4.4.8.2 Temporary or permanent relocation or alteration of indicated utilities requested by CONTRACTOR for its convenience shall be its responsibility, and CONTRACTOR shall make all arrangements and bear all costs.
4.4.8.3 After award of the Agreement, portions of utilities not indicated in the Contract Documents which are found to interfere with the WORK may be relocated, altered or reconstructed by the utility owner, or OWNER may order changes in the WORK to avoid interference. Such changes will be paid for in accordance with Article 10.
4.4.9 Delays
4.4.9.1 CONTRACTOR shall immediately notify in writing the utility owner and OWNER of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal or relocation of utilities.
4.4.9.2 CONTRACTOR will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents.
4.4.9.3 CONTRACTOR may be given a no cost extension of time for unforeseen delays attributable to unreasonably protracted interferences by others in the relocation of utilities.
4.4.10 Access to the WORK - When necessary, CONTRACTOR shall so conduct its operations as to permit access to the WORK site and provide time for utility work to be accomplished during normal work hours during the progress of the WORK.
4.5 REFERENCE POINTS
4.5.1 Bench Mark - The CONSTRUCTION MANAGER will provide one (1) benchmark, near or on the site of the WORK, and will provide two (2) points near or on the site to establish a base line for use by CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish all other lines, grades and benchmarks required for proper execution of the WORK.
4.5.2 Protection of Bench Marks - CONTRACTOR shall preserve all bench marks, stakes and other survey marks, and in case of their removal or destruction by any party, CONTRACTOR shall
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be responsible for the accurate replacement of such reference points by personnel qualified under Division 3, Chapter 15 of the California Business and Professions Code. CONTRACTOR shall report to OWNER whenever a reference point is lost, destroyed or requires relocation.
4.6 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE
MATERIAL
4.6.1 OWNER Responsibility - OWNER shall be responsible for any hazardous material which includes hazardous substances and hazardous waste as defined by sections 25316 and 25117 of the Health and Safety Code, uncovered or revealed at the site which was not identified in the Contract Documents to be within the scope of the WORK. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6.2 CONTRACTOR’s Responsibility - When such hazardous material is encountered, CONTRACTOR shall immediately stop all work in connection with such hazardous condition in any area affected thereby (except in an emergency as required by Article 6) and notify OWNER and OWNER in writing. OWNER shall promptly evaluate such hazardous condition and take corrective action. CONTRACTOR shall not be required to resume work in any such affected area until after OWNER has delivered to CONTRACTOR written notice specifying that such condition and any affected area has been rendered safe for the re-assumption of work, or specifying any special conditions under which such work may be resumed safely.
4.6.3 Dispute - If, after receipt of such special written notice, CONTRACTOR does not agree to resume work based on a reasonable belief it is unsafe, or does not agree to resume work under such special conditions, then OWNER may order such portion of the work that is in connection with such hazardous condition or in such affected area to be deleted from the WORK. OWNER may have such deleted portion of the work performed by OWNER’s own forces or others in accordance with Article 7. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result of work stoppage or of deleting such portion of the WORK, then either party may make a Claim as provided in Article 16.
4.6.4 NOT USED
ARTICLE 5 -- BONDS AND INSURANCE
5.1 PERFORMANCE, PAYMENT AND OTHER BONDS
5.1.1 Bond Requirement - CONTRACTOR shall furnish Performance and Payment Bonds, each in the amount set forth in the Supplementary General Conditions as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract Documents.
These Bonds shall remain in effect at least until one (1) year after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by the Contract Documents.
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CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary General Conditions.
5.1.2 Licensed Surety - All Bonds shall be in the form prescribed by the Contract Documents and by such sureties which are admitted insurers in the State of California and are subject to regulation by the Department of Insurance, and which also satisfy the requirements stated in section 995.660 of the Code of Civil Procedure, except as provided otherwise by Laws or Regulations. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds for the limits so required. Such surety companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary General Conditions.
5.1.3 Bankrupt or Insolvent Surety - If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, CONTRACTOR shall within seven (7) Days thereafter substitute another Bond and Surety, which must be acceptable to OWNER per paragraph 5.1.1 and
5.1.2 above.
5.2 NOT USED
ARTICLE 6 -- CONTRACTOR’S RESPONSIBILITIES
6.1. Responsibility Of CONTRACTOR To Perform - Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the WORK. Such support that may need to be provided after normal working hours will be provided by CONTRACTOR at its expense.
6.2 Labor, Materials and Equipment All materials and equipment to be incorporated into the WORK shall be of good quality and new, except as otherwise provided in the Contract Documents.
All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by OWNER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to OWNER, any duty or authority to supervise or direct the furnishing or performance of the WORK.
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6.2.1 The completed work shall include all necessary permanent Safety devices, such as machinery guards, emergency stops and similar Safety items required by OSHA, Cal-OSHA and other Federal, State and local health and Safety regulations. In addition, all equipment, products, components and/or package systems shall be designed, fabricated and installed in compliance with Seismic Zone 4 structural criteria. Further, any features of the work (including OWNER-selected equipment) subject to such Safety regulations and structural criteria shall be fabricated, furnished and installed in compliance with Seismic Zone 4 structural criteria. CONTRACTOR shall include provisions of this Article in his agreements with Subcontractors, Suppliers and manufacturers of equipment and/or products.
In selecting and/or accepting equipment and/or products for installation in the WORK, OWNER, OWNER and OWNER assume no responsibility for the injury, property damage or any other damages or claims resulting from failure of the equipment, products, components and/or package systems to comply with applicable Safety Codes or requirements, or the Safety requirements of a recognized agency, or failure due to manufacturer’s faulty design concepts, or Defective Work and materials. CONTRACTOR shall defend, indemnify and hold OWNER, OWNER and OWNER harmless against any and all liability, claims, suits, damages, costs or expenses caused or claimed to be caused in whole or in part by the negligence or willful misconduct of the construction CONTRACTOR connected with the WORK. However, this indemnity will not extend to any loss, damage or expense caused by the established sole gross negligence or willful misconduct of OWNER or OWNER’s Agents, servants or independent contractors.
6.3 SUPERVISION, SUPERINTENDENCE AND QUALITY - CONTRACTOR shall supervise, inspect and direct the WORK competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and Safety precautions and programs incidental thereto. CONTRACTOR shall be responsible to see that the completed WORK complies accurately with the Contract Documents. CONTRACTOR is solely responsible for the quality of the WORK.
6.4 SUPERINTENDENT
6.4.1 Written Designation of Superintendent - CONTRACTOR shall designate in writing and keep on the work site at all times during its progress a technically qualified, English-speaking superintendent and an alternate who are employees of CONTRACTOR and who shall not be replaced without written notice to OWNER and OWNER. The superintendent will be CONTRACTOR’s representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. CONTRACTOR shall issue all its communications to OWNER and OWNER through OWNER.
6.4.2 Superintendent’s Presence at Site - CONTRACTOR’s superintendent or alternate shall be present at the site of the WORK at all times while work is in progress, and shall be available by
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phone for emergencies twenty-four (24) hours per Day, seven (7) Days per week. Failure to observe this requirement shall be considered suspension of the WORK by CONTRACTOR until such time as such the superintendent is again present at the site.
6.4.3 Removal of Superintendent - Upon written notice, OWNER may require replacement and removal from the WORK of CONTRACTOR’s superintendent with cause, in which case CONTRACTOR shall submit a replacement superintendent subject to approval by OWNER, at no increase in Contract Price or Contract Time. Repeated Safety violation on the job site will be sufficient grounds for directing such replacement.
6.5 LABOR - CONTRACTOR shall provide competent, suitably-qualified personnel to survey and lay out the WORK and perform construction as required by the Contract Documents. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform work properly, acceptably and safely, shall be immediately removed from the WORK by CONTRACTOR and not be reemployed on the WORK. CONTRACTOR shall furnish, erect, maintain and remove the construction plant and any temporary works as may be required. CONTRACTOR shall at all times maintain good discipline and order at the site and will not permit the use or consumption of drugs (illegal substances) or alcoholic beverages at the site.
6.5.1 No Additional Compensation for Overtime - Except as otherwise provided in this Article, CONTRACTOR shall receive no additional compensation for overtime work, (i.e., work in excess of eight (8) hours in any one (1) calendar Day or forty (40) hours in any one (1) calendar week) even though such overtime work may be required under emergency conditions and may be ordered by OWNER in writing. Additional compensation will be paid CONTRACTOR for overtime work only in the event extra work is ordered by OWNER, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by CONTRACTOR for overtime work of a similar nature in the same locality.
6.5.2 Approval Required to Work Outside Normal Work Hours - Except in connection with the Safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during normal working hours, and CONTRACTOR will not permit overtime work or the performance of work on Saturday, Sunday or any holiday observed by OWNER without OWNER’s written consent. CONTRACTOR shall apply for this consent through OWNER.
OWNER has to approve CONTRACTOR working Holidays, weekends or overtime.
CONTRACTOR will be responsible for reimbursing OWNER for all cost to provide inspection services required to monitor WORK outside of normal working hours. CONTRACTOR will be charged for this actually incurred direct hourly cost plus OWNER-approved overhead cost plus OWNER-approved profit, and a deductive Change Order will be issued to cover this expense.
6.5.3 SUBCONTRACT LIMITATIONS - CONTRACTOR shall perform not less than twenty (20) percent of the WORK with its own forces without subcontracting. This requirement refers to the WORK whose value will not be less than twenty (20) percent of the Contract Price.
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6.6 PROGRESS SCHEDULE - CONTRACTOR shall adhere to the progress schedule established in accordance with the General Requirements as it may be adjusted from time to time as provided below:
6.6.1 Non Impacting Adjustments - CONTRACTOR shall submit to OWNER for acceptance proposed adjustments in the progress schedule that will not change the Contract Time (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto.
6.6.2 Revisions To Milestones - Proposed revisions in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article
12. Such adjustments may only be made by a Change Order in accordance with Article 12 of the General Conditions.
6.7 SUBSTITUTES OR “OR-EQUAL” ITEMS - Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to OWNER for review under the circumstances described below.
6.7.1 “Or-Equal” Items: If in OWNER’s sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in the WORK will be required, it may be considered by OWNER as an “or-equal” item, in which case review and approval of the proposed item may, in OWNER’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. A proposed item of material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment OWNER determines that:
i. it is at least equal in materials of construction, quality, durability, appearance, strength and design characteristics;
ii. it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the WORK as a functioning whole; iii. it has a proven record of performance and availability of responsive service; and
b. CONTRACTOR certifies that, if approved and incorporated into the WORK:
i. there will be no increase in cost to OWNER or increase in Contract Time, and
ii. it will conform substantially to the detailed requirements of the item named in the Contract Documents.
6.7.2 Substitute Items
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a. If in CONTRACT MANAGER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an “or-equal,” it will be considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient information as provided below to allow CONTRACT MANAGER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests for review of proposed substitute items of material or equipment will not be accepted by CONTRACT MANAGER from anyone other than CONTRACTOR.
c. The procedure requirements for review by CONTRACT MANAGER will be as set forth in Paragraph 6.7.2.d, and as CONTRACT MANAGER may decide is appropriate under the circumstances.
d. CONTRACTOR shall make written application to CONTRACT MANAGER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application:
i. shall certify that the proposed substitute item will:
1. perform adequately the functions and achieve the results called for by the general design,
2. be similar in substance to that specified, and
3. be suited to the same use as that specified;
ii. will state:
1. the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR’s achievement of Substantial
Completion on time;
2. whether or not use of the proposed substitute item in the WORK will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for other work on the Project) to adapt the design to the proposed substitute item; and
3. whether or not incorporation or use of the proposed substitute item in connection with the WORK is subject to payment of any license fee or royalty;
iii. will identify:
1. all variations of the proposed substitute item from that specified, and
2. available engineering, sales, maintenance, repair and replacement services;
iv. and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change.
6.7.3 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction approved by CONTRACT MANAGER. CONTRACTOR shall submit
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sufficient information to allow CONTRACT MANAGER, in CONTRACT MANAGER’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by CONTRACT MANAGER will be similar to those provided in Paragraph 6.7.2.d.
6.7.4 Contract Manager’s Evaluation: CONTRACT MANAGER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs
6.7.2.d and 6.7.3. CONTRACT MANAGER may require CONTRACTOR to furnish additional data about the proposed substitute item. CONTRACT MANAGER will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until CONTRACT MANAGER’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” CONTRACT MANAGER will advise CONTRACTOR in writing of any negative determination.
6.7.5 Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special performance guarantee or other surety with respect to any substitute.
6.7.6 Contract Manager’s Cost Reimbursement: CONTRACT MANAGER will record CONTRACT MANAGER’s costs in evaluating a substitute proposed or submitted by CONTRACTOR pursuant to Paragraphs 6.7.2.d and 6.7.3. Whether or not CONTRACT MANAGER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of CONTRACT MANAGER for evaluating each such proposed substitute. CONTRACTOR shall also reimburse OWNER for the charges of CONTRACT MANAGER for making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER) resulting from the acceptance of each proposed substitute.
6.7.7 CONTRACTOR’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-equal” at CONTRACTOR’s expense
6.8 PROJECT SITE COORDINATION
6.8.1 Work By Others - CONTRACTOR shall be responsible for ascertaining the nature and extent of any simultaneous, collateral and essential work by others as described in the General Requirements.
CONTRACTOR shall provide staging areas and include work windows for work by others into the overall construction schedule. No additional working days will be allowed for CONTRACTOR’s failure to coordinate work by others.
6.8.2 Coordination Of Work - OWNER, CONTRACTOR and each of such workers, contractors and others shall cooperate to minimize interference.
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6.8.3 Cost Of Coordination - CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its WORK with others. CONTRACTOR will not be entitled to additional compensation from OWNER for damages resulting from such simultaneous, collateral and essential work. CONTRACTOR’s sole and exclusive remedy as a third party beneficiary to other prime contracts for damages caused by another contractor will be a direct action against the separate contractor. If necessary to avoid or minimize such damage or delay, CONTRACTOR shall redeploy its work force to other parts of the WORK.
6.8.4 Obligation to Provide Access - CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (or OWNER, if OWNER is performing the additional work with OWNER’s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate work performed by others with their WORK as described in these Contract Documents.
6.8.5 CONTRACTOR shall do all cutting, fitting and patching of the WORK that may be required to make its several parts come together properly and integrate with such other work.
6.8.6 CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of OWNER and the others whose work will be affected.
6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS
6.9.1 CONTRACTOR shall be solely responsible for scheduling and coordinating the WORK of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the WORK under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the WORK to communicate with OWNER through CONTRACTOR. All WPRL performed by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents.
6.9.2 Subcontractor has no contractual relationship with OWNER. Nothing contained in this Article shall create any contractual relationship between any Subcontractor and OWNER or OWNER, nor relieve CONTRACTOR of any liability or obligation under the Agreement.
CONTRACTOR shall include these General Conditions and the Supplementary General Conditions as a part of all its subcontract agreements.
6.9.3 DIVISION OF WORK - The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the WORK among Subcontractors or Suppliers or delineating the WORK to be performed by any specific trade.
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6.10 PATENT FEES AND ROYALTIES - CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the WORK or the incorporation in the WORK of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the WORK and if to the actual knowledge of OWNER, or OWNER, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents.
6.11 PERMITS - Unless otherwise provided in the Supplementary General Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and Bonds if required by such agencies.
The enforcement of such requirements under this Agreement shall not be made the basis for claims for additional compensation. OWNER shall assist CONTRACTOR, only when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility owners for connections to the WORK.
6.12 LAWS AND REGULATIONS - CONTRACTOR shall observe and comply with all Federal, State and local laws, ordinances, Codes, orders and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK or the conduct of the WORK. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order or regulation, CONTRACTOR shall immediately report the same in writing to OWNER.
6.13 TAXES - CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the WORK. OWNER is not exempt from sales tax.
6.14 Intentionally Omitted.
6.15 USE OF PREMISES
6.15.1 General - CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site, the land and areas identified in and permitted by the Contract Documents and the other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements as approved by OWNER. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the WORK. Should any claim be made against OWNER or OWNER by any such owner or occupant because of the performance of the WORK, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim through litigation.
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6.16 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT
PROPERTY
6.16.1 Cost of General Requirements in Contract Price - CONTRACTOR is obligated to comply with the General Requirements. All costs associated with this compliance are to be included in the basic Contract Price.
6.16.2 Vehicle Load Limits - When materials are transported in prosecuting the WORK, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by law or regulation. When it is necessary to cross curbs, sidewalks or drainage facilities CONTRACTOR shall protect them from damage.
6.16.3 Work Outside The Agreement Limits - Despite the designation of Contract Documents or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain portions of the WORK may require that certain operations be carried out beyond such limits. In those cases, trenching, utility work, site development and landscaping shall be scheduled so as to occasion a minimum of inconvenience or disturbance to or interference with the normal operation of the owner, abutters and the public. CONTRACTOR shall obtain OWNER’s prior approval and all necessary approvals from other agencies, public entities or the government for such operations, and prosecute such operations expeditiously and restore the premises affected to their original condition immediately upon completion of such operations, unless otherwise specified in the Contract Documents. All existing walks, roadways, paved or landscaped areas on which temporary driveways or walks are rerouted shall be restored to their original condition, immediately upon completion of those phases of the WORK, unless otherwise specified in the Contract Documents. Pumping, draining and control of surface and ground water shall be carried out so as to avoid endangering the WORK or any adjacent facility or property, or interrupting, restricting or otherwise infringing or interfering with its use.
6.16.4 Responsibilities For Damage - All damage, injury or loss to any persons or property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the WORK or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or OWNER or OWNER). CONTRACTOR’s duties and responsibilities for Safety and for protection of the WORK shall continue until such time as all the WORK is completed and OWNER has issued a notice to OWNER and CONTRACTOR in accordance with Article 14 that the WORK is complete.
6.17 CONTRACTOR’S DAILY REPORTS - CONTRACTOR shall complete a daily report indicating his total manpower for each construction trade, major equipment on site, each Subcontractor’s manpower, weather conditions and any other items required by OWNER. The daily report shall be completed on forms provided by OWNER and shall be submitted to OWNER by 9:00 a.m. the following work Day. The report should comment on the daily progress and status of the work within each major component of the WORK. These components will be determined
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by OWNER. Submitting acceptable daily reports as required is a precondition to approval of the monthly progress payment. However, these reports are not to be used to meet the notice requirements contained elsewhere in the General Conditions.
6.18 SAFETY
6.18.1 Safety Plan - CONTRACTOR will be required to comply with General Requirements provided by OWNER. CONTRACTOR shall submit a written Safety plan to OWNER prior to commencement of any work on site. CONTRACTOR shall be responsible for initiating, maintaining and supervising all Safety precautions and programs in connection with the WORK.
6.18.2 Safety Laws and Regulations - CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the Safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such Safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Utilities when prosecution of the WORK may affect them and shall cooperate with them in the protection, removal, relocation and replacement of their property.
6.18.3 Safety Representative - CONTRACTOR shall designate a qualified and experienced Safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of Safety precautions and program. The Safety representative must meet the requirements stated in Supplemental General Conditions 6.18 “Safety.”
6.18.4 Safety Orders - CONTRACTOR shall have at the WORK site as applicable, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. CONTRACTOR shall comply with provisions of these and all other applicable laws, ordinances and regulations.
6.18.5 Trench Shoring Plan - Before excavating any trench five (5) feet or more in depth, CONTRACTOR shall submit to OWNER a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a California registered civil OWNER. No excavation shall start until OWNER has accepted the plan and CONTRACTOR has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to OWNER and posted at the site.
6.18.6 Use of Explosives - Explosives may be used only when authorized in writing by OWNER, or as otherwise stated in the Specifications. Explosives shall be handled, used and stored in accordance with all applicable regulations. OWNER’s approval of the use of explosives shall not relieve CONTRACTOR from liability for claims caused by blasting operations.
6.18.7 Hazardous Communication Program
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6.18.7.1 Notification to employees is required when materials that contain hazardous substances or mixtures are required on the WORK. A material safety data sheet as described in section 5194 of the California Code of Regulations shall be requested by CONTRACTOR from the manufacturer of any hazardous product used.
6.18.7.2 Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer’s warnings and application instructions listed on the material safety data sheet and on the product container label.
6.18.7.3 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or regulations, with copies to OWNER.
6.18.7.4 Unsafe Products - CONTRACTOR shall notify OWNER if it considers a specified or required product or its intended usage to be unsafe. This notification must be given to OWNER prior to the product being ordered, or if provided by some other party, prior to the product being used or incorporated in the WORK.
6.18.8 Safety Measures In Bid - Payment for performing all work necessary to provide Safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation Safety are provided.
6.18.9 Safety Reporting
6.18.9.1 Weekly First Aid Logs - This log should be delivered to OWNER three (3) Days after the weekly reporting period.
6.18.9.2 Accident and Injury Reports - This report should be delivered within twenty-four (24) hours of the injury or accident.
6.18.10 OWNER Safety Deficiency Report - CONTRACTOR is required to respond to this report within two (2) working Days explaining his corrective action and proposed schedule for this action.
6.19 EMERGENCY - In emergencies affecting the Safety or protection of persons or the WORK or property at or adjacent to the site, CONTRACTOR, without special instruction or authorization from OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give OWNER prompt written notice if CONTRACTOR believes that any significant changes in the WORK have resulted because of the action taken in response to an emergency. If it is determined by OWNER that a change is required, a change shall be authorized by Change Order.
6.20 SHOP DRAWINGS AND SAMPLES
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6.20.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to OWNER for OWNER’s review all Shop Drawings in accordance with the accepted schedule of Shop Drawings Submittals specified in Bidding Documents section Bid Forms.
6.20.2 CONTRACTOR shall also submit to OWNER for review all Samples in accordance with the accepted schedule of sample Submittals specified in the General Requirements.
6.20.3 Before submittal of each Shop Drawing or Sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the WORK and the Contract Documents.
6.20.4 CONTRACTOR shall, at his own expense, furnish for review, and obtain approval by the OWNER, three (3) copies each of detailed submittals for materials, installation drawings, and construction procedures for the following:
Any material which differ from that specified with a brand name on the Plans and in this Special Provisions
Public notification flyers
Traffic control plans
A.C. mix design. The percent bitumen, sieve analysis, durability, resistance (R¬ value), aggregate gradation and all other standard parameters. The A.C. mix design shall meet the current Caltrans Standard Specifications. Mix Design is to be current within the last two (2) years.
Crack Filling Materials
Slurry Seal Materials
Tack Coat
Class 2 Base gradation, durability, R-value and sand equivalent Sand backfill gradation and sand equivalent
P.C.C. concrete mix design (for each concrete item)
Concrete curing compound
Truncated domes for the ADA compliant ramps
New signs and sign posts
Thermoplastic traffic paint for marking and traffic paint for striping Retroreflective raised pavement markers
Traffic Control Signs, barricades, cones and devices including all items illustrated on the Traffic Control Plans
Grout
Retaining Wall, CMU and reinforcing bars materials
Reinforcing bars
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Raised Median Cobbles to be used and Installation Process. Street Light
Certificate of Compliance
Caltrans LAPM forms and/or other documents required by the funding agency(ies) Project Identity and Construction Signs
Construction Schedule
The letter designating the project superintendent
Schedule of Values
Monument Preservation Certificate (prior to any construction/demolition activities) In addition, OWNER’s representative may, at his discretion, require shop drawings on other equipment or construction activities not included in the above list. OWNER’s representative shall have ten (10) working days to review and return the shop drawings to CONTRACTOR after receipt of said drawings.
6.21 SUBMITTAL ACCEPTANCE
6.21.1 OWNER Review Scope and Limitation - OWNER will review and approve Shop Drawings and Samples. OWNER’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the WORK, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. OWNER’s review and approval will not extend to means, methods, techniques, sequences or procedures of construction except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents or to Safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by OWNER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by OWNER on previous Submittals.
6.21.2 CONTRACTOR’s Responsibility Not Relieved By Approval - OWNER’s and OWNER’s review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called OWNER’s attention to each such variation at the time of submission and OWNER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by OWNER relieve CONTRACTOR from responsibility for complying with the requirements of Article 6.
6.22 COMPLIANCE WITH OWNER ADMINISTRATIVE PROCEDURES -
CONTRACTOR is required to comply with all OWNER administrative procedures including but
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not limited to daily reports, Requests for Proposal, Safety reporting, notice requirements, payment procedures, submittal processing, attendance at weekly and special meetings and others designated by OWNER.
6.23 ASSIGNMENT OF CONTRACT - CONTRACTOR shall not assign, sublet, sell, transfer or otherwise dispose of the Contract Documents or any portion thereof, or its right, title or interest therein, or obligations thereunder, without the written consent of OWNER except as imposed by law. If CONTRACTOR violates this provision, the Agreement may be terminated at the option of OWNER. In such event, OWNER shall be relieved of all liability and obligations to CONTRACTOR and to its assignee or transferee growing out of such termination.
6.24 CONTINUING THE WORK DURING DISPUTES
6.24.1 CONTRACTOR shall carry on the WORK and adhere to the progress schedule during all disputes or disagreements with OWNER over any WORK scope, price or time dispute. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing.
6.24.2 If CONTRACTOR and OWNER are unable to reach agreement on Disputed Work, OWNER may direct CONTRACTOR to proceed with the WORK. Payment shall be as later determined by Article 16.
6.25 GENERAL WARRANTY AND GUARANTEE CONTRACTOR is responsible for providing warranty and guarantee in accordance with Article 13.
6.26.11 Survival of Obligations - All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive Final Payment, completion and acceptance of the WORK and termination or completion of the Agreement.
ARTICLE 7 -- WORK BY OTHERS AT THE SITE
7.1 OWNER’S RIGHT TO WORK AT SITE - OWNER may perform other work related to the Project at the site by OWNER’s own forces, have other work performed by utility owners, or let other direct contracts which may contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work.
7.2 CONTRACTOR REPORT ON DELAYS CAUSED BY OTHERS - If the proper execution or results of any part of CONTRACTOR’s work depends upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall promptly inspect and report to OWNER in writing any apparent delays, defects or deficiencies in such other work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR’s failure to report such delays, defects or deficiencies in writing before commencement of the affected WORK
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will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR’s work except for latent defects and deficiencies in the other work.
7.3 DAMAGE TO OTHERS CAUSED BY CONTRACTOR - If CONTRACTOR causes damage to the work, property or person of any other contractor employed by OWNER, or if any claim arising out of CONTRACTOR’s performance of the WORK by any other contractor is made against CONTRACTOR, by OWNER, OWNER, OWNER, any other contractor or any other person, CONTRACTOR shall be responsible to settle and shall promptly attempt to settle and resolve the dispute.
7.4 COORDINATION
7.4.1 Coordination Responsibilities - CONTRACTOR’s coordination responsibilities are in accordance with those found in Article 6 and in the described Supplementary General Conditions if applicable.
7.4.2 Coordination Delays - Should CONTRACTOR be delayed by OWNER, and such delay could not reasonably have been foreseen and prevented by CONTRACTOR, OWNER will determine the extent of the delay, the effect of the delay on the work as a whole, and any commensurate extension of time. OWNER shall arrange meetings with other contractors performing work on behalf of OWNER to plan coordination of construction activities. Any difference or conflict arising between CONTRACTOR and any other contractor employed by OWNER shall be submitted to OWNER for a decision in the matter. CONTRACTOR shall comply with reasonable direction from OWNER whose decision on coordination matters will be final.
7.5 Remedy For Delays By Others - By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose WORK will be coordinated with that of his own. CONTRACTOR expressly warrants and agrees that he will cooperate with other contractors and will do nothing to delay, hinder or interfere with the WORK of other separate contractors, OWNER, OWNER or OWNER. CONTRACTOR also expressly agrees that, in the event his work is hindered, delayed, interfered with or otherwise affected by a separate contractor, his sole remedy will be a direct action against the separate contractor. CONTRACTOR will have no remedy, and hereby expressly waives any remedy, against OWNER and/or OWNER or OWNER on account of delay, hindrance, interference or other event caused by a separate contractor.
7.6 Out Of Sequence Or Accelerated Work - When WORK is performed out of sequence and ahead of Interfacing Work, CONTRACTOR shall be responsible for taking reasonable steps to minimize damage or loss to the WORK which may be caused by others during the performance of their work, including but not limited to furnishing prompt written notice to OWNER and to the other contractors that WORK has been performed out of sequence and ahead of Interfacing Work.
ARTICLE 8 -- OWNER’S RESPONSIBILITIES
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8.1 GENERAL - OWNER has the final authority in all matters affecting the WORK.
8.2 COMMUNICATIONS - In general, OWNER and OWNER shall issue all written communications to CONTRACTOR through OWNER.
8.3 PAYMENTS - OWNER shall make payments to CONTRACTOR as provided in Article 14.
8.4 LANDS, EASEMENTS AND SURVEYS - OWNER’s duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Article 4. OWNER shall identify and make available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized in preparing the Contract Documents as set forth in Article 4.
8.5 CHANGE ORDERS - OWNER shall execute Change Orders as indicated in Article 10.
8.6 INSPECTIONS AND TESTS - OWNER’s responsibility with respect to inspections, tests and approvals is set forth in Article 13.
8.7 SUSPENSION OF WORK - In connection with OWNER’s right to stop work or suspend work, see Articles 13 and 15.
8.8 TERMINATION OF AGREEMENT - Article 15 deals with OWNER’s right to terminate services of CONTRACTOR.
8.9 OWNER’S RESPONSIBILITY FOR UNDISCLOSED HAZARDOUS MATERIALS - OWNER’S responsibility with respect to undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.
8.10 NO OWNER SUPERVISION INTENDED - Neither OWNER nor OWNER shall supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, sequences or procedures of construction or the Safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the WORK. OWNER and OWNER will not be responsible for CONTRACTOR’s failure to perform or furnish the WORK in accordance with the Contract Documents.
ARTICLE 9 -- OWNER’S STATUS DURING CONSTRUCTION
9.1 GENERAL
9.1.1 OWNER’S REPRESENTATIVE - OWNER will be OWNER’s representative during the construction period. The duties and responsibilities and the authority of OWNER as OWNER during construction are set forth in the Contract Documents.
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9.1.2 Contract Documents Terms - Whenever in the Contract Documents the terms “as ordered,” “as directed,” “as required,” “as allowed,” “as reviewed,” “as approved,” or terms of like effect or import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” or “satisfactory” or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of OWNER as to the WORK, it is intended that such requirement, direction, review or judgment will be solely to evaluate the WORK for compliance with the requirements of the Contract Documents, and conformance with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to assign to OWNER any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the Article 9.
9.2 PRESENCE ON SITE - OWNER will be on site during construction to observe the progress, quantity and quality of the WORK and to determine, in general, if the WORK is proceeding in accordance with the Contract Documents. OWNER will not supervise, direct or have control over CONTRACTOR’s work.
9.3 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS - OWNER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as OWNER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles 11 or 12.
9.4 AUTHORIZED VARIATIONS IN WORK - OWNER may authorize minor variations in the WORK, (not resulting in changes to the Contract Price or Contract Time), which are consistent with the intent of the Contract Documents. These may be accomplished by an OWNER Order. If CONTRACTOR believes that an OWNER Order justifies an increase in the Contract Price or an extension of the Contract Time, CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles 11 or 12. If CONTRACTOR proceeds with the directed work without making such a request or providing notice he will be presumed to be in agreement with OWNER’s determination that no change in price or time are involved, and will be considered to have waived his right to request an adjustment in Contract Time or Price.
9.5 ACCEPTANCE OF WORK - OWNER has the final authority in all matters affecting the WORK. Within the scope of the Agreement, OWNER has the authority to enforce compliance with the Plans and Specifications. CONTRACTOR shall promptly comply with instructions from OWNER or any authorized representative on all matters relating to quantities, the acceptability of material, equipment or work, the execution, progress or sequence of work and the interpretation
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of Specifications or Drawings. The decision of OWNER shall be precedent to any payment under the Agreement, unless otherwise ordered by OWNER. OWNER will recommend final acceptance to OWNER.
9.6 REJECTING DEFECTIVE WORK - OWNER will have authority to reject work which OWNER determines to be defective, or not in compliance with the Contract Documents or that OWNER or OWNER believes will not produce a completed Project or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. OWNER will also have authority to require special inspection or testing of the WORK as provided in Article 13, whether or not the WORK is fabricated, installed or completed.
9.7 CONTRACTOR SUBMITTALS - CONTRACTOR shall provide submittals in accordance with the SPECIAL PROVISIONS.
9.8 CHANGE ORDER - In connection with OWNER’s responsibilities as to Change Orders, see Articles 10, 11, and 12.
9.9 PAYMENTS In connection with OWNER’s responsibility as to Applications for Payment, see Article 14.
9.10 FINAL APPLICATION FOR PAYMENT - OWNER’s review of the Final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by Article 14 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents.
9.11 DECISIONS ON DISPUTES
9.11.1 Interpreter Of Contract Documents - OWNER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the WORK thereunder.
Claims, disputes and other matters relating to the acceptability of the WORK, the interpretation of the requirements of the Contract Documents pertaining to the performance of the WORK and those claims with respect to changes in the Contract Price or Contract Time will be referred initially to OWNER. The process to be followed is described in Article 16.
9.12 OWNER LIABILITY FOR INTERPRETATION - When functioning as interpreter under Article 9, OWNER will not show partiality to OWNER, OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.
The rendering of a decision by OWNER pursuant to Article 9 will be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as he may otherwise have under the Contract Documents or by laws or regulations in respect of any such Claim, dispute or other matter pursuant to Article 16.
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9.13 LIMITATION ON OWNER’S RESPONSIBILITIES
9.13.1 No Duty Arising Out Of Act Or Decision - Neither OWNER’s authority to act under this Article 9 or other provisions of the Contract Documents, nor any decision made by OWNER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of OWNER to CONTRACTOR, any Subcontractor, any Supplier, any surety for any of them or any other person or organization performing any of the WORK.
9.13.2 No Supervision Role - OWNER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences or procedures of construction, or the Safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the WORK. OWNER will not be responsible for CONTRACTOR’s failure to perform the WORK in accordance with the Contract Documents.
9.13.3 CONTRACTOR Acts Or Omissions - OWNER will not be responsible for the acts or omissions of CONTRACTOR nor of any Subcontractor, Supplier or any other person or organization performing any of the WORK.
ARTICLE 10 -- CHANGES IN THE WORK
10.1 CHANGES REQUESTED BY CONTRACTOR
10.1.1 OWNER Approval - Changes in the Plans and Specifications, requested in writing by CONTRACTOR, which do not materially affect the WORK and which are not detrimental to the WORK or to the interests of OWNER, may be granted to facilitate the WORK, when approved in writing by OWNER. If the method will result in a cost saving, an appropriate deductive change will be required.
10.1.2 Specified Methods - Changes in specified methods of construction may be made at CONTRACTOR’s request when approved in writing by OWNER. If the method will result in a cost saving, an appropriate deductive change will be required.
10.1.3 No Right To Change - Nothing herein shall be construed as granting a right to CONTRACTOR to demand acceptance of such changes.
10.1.4 Request for Change Made in Good Faith - The request For change shall be made in good faith, and the amount requested accurately reflects the adjustments in Contract Price or Contract Time for which CONTRACTOR believes OWNER is liable, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which CONTRACTOR is entitled as a result of the change.
10.2 OWNER’S RIGHT TO MODIFY WORK
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10.2.1 Requirement To Implement Directed Change - Without invalidating the Agreement and without notice to any surety, OWNER may at any time or from time to time, order additions, deletions or revisions in the WORK; these will be authorized by a written Change Order prepared by OWNER and issued by OWNER. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).
10.2.2 Request For Proposal - When OWNER desires a change in the WORK, OWNER will issue a Request for Proposal to CONTRACTOR. CONTRACTOR will be required to respond within the time indicated by OWNER or fifteen (15) Days, whichever is less. If CONTRACTOR fails to meet the submittal time required by this provision, CONTRACTOR will be solely liable for any delays or impacts caused by the delayed submittal of the proposal.
10.3 REQUIREMENT TO PROCEED WITH WORK - If OWNER and CONTRACTOR agree on the value of any work, and the amount of Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, CONTRACTOR shall proceed as directed by OWNER so as to minimize the impact on and delays to the work pending the issuance of a Change Order. If however, OWNER and CONTRACTOR are unable to agree as to the extent of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, OWNER can direct CONTRACTOR to proceed on the basis of a price for the WORK as estimated by OWNER or time and materials so as to minimize the impact on and delays to the work, in accordance with Article 11.
10.4 WORK NOT IN CONTRACT - CONTRACTOR shall not be entitled to an increase in the Contract Price nor an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, supplemented by Change Order or Field Order, except in the case of an emergency and except in the case of uncovering work as provided in Article 13.
10.5 CHANGE ORDER PROCESS - OWNER and CONTRACTOR shall execute appropriate Change Orders covering:
10.5.1 OWNER Ordered Changes - Changes in the WORK which are ordered by OWNER pursuant to Article 10;
10.5.2 Changes Due To Defective Work - changes required because of acceptance of Defective Work under Article 13;
10.5.3 Mutually Agreed Price/Time Changes - changes in the Contract Price or Contract Time which are agreed to by the parties.
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10.6 NOTICE TO SURETY - If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR’s responsibility, and the amount of each applicable Bond shall be adjusted accordingly.
10.7 ALLOWABLE QUANTITY VARIATIONS - In the event of an increase or decrease in bid item quantity of a unit priced item in the Contract Documents, the total amount of WORK actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the unit price may be made for changes which result in an increase or decrease in excess of the allowable percentage variations as set forth by the Contract Documents.
ARTICLE 11 -- CHANGE OF CONTRACT PRICE (Change Orders, Field Orders and Work Orders)
11.1 CONTRACT PRICE CHANGE - The Contract Price may only be changed by a written Change Order.
11.2 METHODS FOR DETERMINING ADJUSTMENTS IN CONTRACT PRICE
11.2.1 Methods - The methods to be used to determine an adjustment in Contract Price necessitated by changes ordered or negotiated pursuant to these General Conditions or work covered by a Request for Proposal are limited to the following:
11.2.1.1 Where the work involved is covered by lump sum prices in the Contract Documents: on the basis of a lump sum negotiation;
11.2.1.2 Where the work involved is covered or is of the same character as Unit Price Work: by application of those unit prices to the quantities of the items involved (subject to the provisions covering Unit Price Work);
11.2.1.3 Where the work involved is not covered by either of the preceding methods: by mutual acceptance of a lump sum price negotiated on the basis of CONTRACTOR’s itemized estimate of the anticipated Cost of the WORK involved, determined as specified in this Article, and a contractor’s fee as provided in this Article;
11.2.1.4 Where the work involved is not covered by either of the first two (2) methods, and OWNER and CONTRACTOR cannot achieve agreement on the anticipated cost of the work involved and OWNER directs CONTRACTOR to proceed with the work with payments to be made on the basis of OWNER’s determination of the cost of the work involved: on a CONTRACTOR’s profit of eighty (80) percent of the amount allowed by this Article;
11.2.1.5 Where the work involved is not covered by either of the first two (2) methods, and OWNER directs CONTRACTOR to proceed with the work involved with payments to be made
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on the basis of actual costs: on the basis of the actual cost of the work involved, determined as specified in this Article, and a CONTRACTOR’s profit determined as fifty (50) percent of the amount allowed under this Article.
11.2.1.6 Where the work involved is not covered by any of the preceding methods, and when payment is to be determined by a court of competent jurisdiction, it is agreed that the actual cost method used for actual cost basis work shall be an appropriate method for determining the cost of the work involved.
11.2.2 CONTRACTOR’S Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead and all other items of expense or cost not included in the cost of labor, materials or equipment provided for in this Article. The allowance for overhead and profit will not exceed the following schedule:
Overhead Profit
Labor = Ten (10) percent Ten (10) percent
Materials = Ten (10) percent Five (5) percent
Equipment = Ten (10) percent Five (5) percent
To the sum of the costs and markups provided for in this Article, one (1) percent shall be added as compensation for bonding.
11.2.3 Subcontractor Mark Up - It is understood that labor, materials and equipment may be furnished by CONTRACTOR or by the Subcontractor on behalf of CONTRACTOR. When all or any part of the extra work is performed by a Subcontractor, the allowance specified herein shall be applied to the labor, materials and equipment costs of the Subcontractor, to which CONTRACTOR may add five (5) percent of the Subcontractor’s total cost for the extra work.
Regardless of the number of hierarchical tiers of Subcontractors, the five (5) percent increase above the performing Subcontractor’s total cost which includes the allowances for overhead and profit may be applied one (1) time only.
11.2.4 Equipment Rental Rates
11.2.4.1 All equipment rental rates shall be in accordance with the rental rate source identified in the Supplementary General Conditions based on a monthly rate for the equipment, and based on an equipment utilization of one hundred seventy-three (173) hours per month. CONTRACTOR will be permitted to charge only for the hours the equipment is actually used in the changed work.
11.2.4.2 Equipment Required Specifically for the Additional Work - Whenever possible, changed work will be accomplished using equipment available on-site or owned by CONTRACTOR. If no on-site equipment can be used, and a specific piece of equipment must be rented to be used exclusively for the changed work, the rental rate will be the invoiced rate.
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11.3 COST OF WORK (BASED ON TIME AND MATERIALS)
11.3.1 General - The term “cost of work” means the sum of all costs necessarily incurred and paid by CONTRACTOR for labor, materials and equipment in the proper performance of extra work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the excluded costs itemized in this Article.
11.3.2 Labor - The costs of labor will be the actual cost substantiated by certified payroll for wages prevailing for each craft or type of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, Workers’ Compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Nondirect labor costs including the superintendent, Project manager and other labor identified in 11.3.7.1 shall be considered part of the overhead markup identified in this Article.
11.3.3 Materials - The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the job in the quantities involved, plus the cost of sales tax, freight, delivery and storage.
11.3.3.1 Trade discounts available to the purchaser shall be credited to OWNER notwithstanding the fact that such discounts may not have been taken by CONTRACTOR.
11.3.3.2 For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by OWNER.
11.3.3.3 Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site, whichever price is lower.
11.3.3.4 If in the opinion of OWNER the cost of material is excessive, or CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the work site less trade discount.
11.3.3.5 OWNER reserves the right to furnish materials for the extra work and no claim shall be allowed by CONTRACTOR for costs and profit on such materials.
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11.3.4 Equipment - CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under CONTRACTOR’s control through direct ownership, leasing, renting or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate resulting in the least total cost to OWNER for the total period of use. If it is deemed necessary by CONTRACTOR to use equipment not listed in the publication specified in the Supplementary General Conditions, an equitable rental rate for the equipment will be established by OWNER. CONTRACTOR may furnish cost data which might assist OWNER in the establishment of the rental rate.
11.3.4.1 All equipment shall, in the opinion of OWNER, be in good working condition and suitable for the purpose for which the equipment is to be used.
11.3.4.2 Before construction equipment is used on the extra work, CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to OWNER, in duplicate, a description of the equipment and its identifying number and the scheduled work activities planned.
11.3.4.3 Unless otherwise specified, manufacturer’s ratings and manufacturer-approved modifications shall be used to classify equipment for the determination of applicable rental rates.
Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
11.3.5 Rental Equipment
11.3.5.1 The rental time to be paid for equipment on the work site shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work.
11.3.5.2 Rental time will not be allowed while equipment is inoperative due to breakdowns.
11.3.5.3 Computation Method - The following shall be used in computing the rental time of equipment on the work site.
11.3.5.3.1 When hourly rates are listed, any part of an hour less than thirty (30) minutes of operation shall be considered to be one-half (.5) hour of operation, and any part of an hour in excess of thirty (30) minutes will be considered one (1) hour of operation.
11.3.5.3.2 When daily rates are listed, any part of a Day less than four (4) hours operation shall be considered to be one-half (.5) Day of operation.
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11.3.6 CONTRACTOR-Owned Equipment - For CONTRACTOR-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of one hundred seventy-three (173) hours per month which is found in the Equipment Rental Rate Tables authorized by the Supplementary General Conditions for rental equipment.
11.3.7 Special Services Special work or services are defined as that work characterized by extraordinary complexity, sophistication or innovation or a combination of the foregoing attributes which are unique to the construction industry.
11.3.7.1 When OWNER and CONTRACTOR determine that a special service is required which cannot be performed by the forces of CONTRACTOR or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material and equipment rental costs, after validation of market values by OWNER.
11.3.7.2 All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in this Article, herein, an allowance of fifteen (15) percent will be added to invoices for special services.
11.3.8 Excluded Costs - The term “cost of the work” shall not include any of the following costs:
11.3.8.1 Overhead Cost - Payroll costs and other compensation of CONTRACTOR’s officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR’s principal office, a branch office or material yard and shop for general administration of the Work or not specifically covered by this Article all of which are to be considered administrative costs covered by CONTRACTOR’s allowance for overhead and profit.
11.3.8.2 Office Expense - Expenses of CONTRACTOR’s principal and branch offices.
11.3.8.3 Capital Expenses - Any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR’s capital employed for the WORK and charges against CONTRACTOR for delinquent payments.
11.3.8.4 Premiums - Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same.
11.3.8.5 Negligence - Costs due to the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,
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including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.
11.3.8.6 Other - Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article.
11.3.8.7 Small Tools - Cost of small tools valued at less than five hundred dollars ($500) and that remain the property of CONTRACTOR.
11.3.8.8 Administrative Costs - Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates or the preparation or filing of claims.
11.3.8.9 Anticipated Lost Profits - Expenses of CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings or unpaid retainage.
11.3.8.10 Home Office Overhead - Costs derived from the computation of a home office overhead rate by application of the Eichleay, Allegheny, Burden Fluctuation or other similar methods.
11.3.8.11 Special Consultants and Attorneys - Costs of special consultants or attorneys, whether or not in the direct employ of CONTRACTOR, employed for services specifically related to the resolution of a claim, dispute or other matter relating to the acceptability of the Work.
11.3.9 CONTRACTOR’s Extra Work Report - In order to be paid for extra work based on time and materials, CONTRACTOR must submit a daily Extra Work Report on a form provided by OWNER. The form must be completely filled out based on the provisions of this Article and signed by CONTRACTOR and OWNER at the end of each work Day. Failure to complete the form and obtain appropriate signatures by the next working Day after the work was completed will result in CONTRACTOR’s costs for extra work being disallowed until such form is completed and agreed to by OWNER. Delay in submitting the form beyond seven (7) Days will result in OWNER’s records becoming the official record for payment purposes.
11.4 COSTS RELATING TO WEATHER DAMAGE
CONTRACTOR shall have no cost claims against OWNER for damages for any injury to work, materials or equipment, resulting from the action of the elements or weather. Weather-related adjustment to Contract Time will be made in accordance with Article 12.
11.5 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT
11.5.1 CONTRACTOR Initiated Change - Any request by CONTRACTOR for a change in the Contract Price shall be based on written notice delivered by CONTRACTOR to OWNER promptly (but in no event later than seven (7) Days) after the start of the occurrence or the event giving rise to the request for adjustment and stating the general nature of the request.
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11.5.2 Cost and Time Notice Requirements - Notice of the amount of the request for adjustment in cost and/or time with supporting data shall be delivered within fourteen (14) Days after such start of occurrence, unless OWNER allows an additional period of time to ascertain more accurate data in support of the request.
11.5.3 Proposal Form - CONTRACTOR’s proposal shall be on forms acceptable to OWNER.
CONTRACTOR proposal request shall certify in writing that the amounts included cover all direct, supplemental, indirect, consequential and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite CONTRACTOR’s reasonable and diligent efforts to mitigate them. Mitigation efforts undertaken by CONTRACTOR should be described.
11.5.4 Proposal Content - Where the change in Contract Price is to be determined on the basis of the cost of the work involved, CONTRACTOR’s itemized estimates shall detail all applicable elements of cost, including, but not limited to, labor hours and payroll costs, quantities, crew mixes, production rates, material costs, Subcontractor and Supplier costs, equipment costs and supplemental costs. Where the change in Contract Price arises from changes in the schedule of all or part of the WORK, or where a change in Contract Time is sought, the submittal shall include analysis required by Article 12. With respect to work during other than normal hours, the labor charges associated with such work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion.
11.5.5 Additions and Deletions - The submittal shall cover all aspects of the work involved, whether relating to deleted, added, revised or impacted items of Work. Amounts for Subcontractors or Suppliers at any tier shall be similarly supported.
11.5.6 Requirements for Valid Proposal - No submittal for an adjustment in Contract Price or Contract Time shall be valid unless submitted in accordance with this Article.
11.5.7 Obligation of Surety - All work performed hereunder shall be subject to all of the provisions of the Contract Documents and CONTRACTOR’s sureties shall be bound with reference thereto as under the Agreement. Copies of all amendments to surety Bonds or supplemental surety Bonds shall be submitted to OWNER when requested.
11.5.8 Documentation - CONTRACTOR is required to comply with OWNER’s documentation requirements regarding format and level of detail for the Change Order process.
11.6 OWNER RIGHT TO DIRECT USE OF COMPETITIVE BID - OWNER reserves the right to direct CONTRACTOR to solicit competitive bids for additional work. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of OWNER, which bids will be accepted.
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ARTICLE 12 -- CHANGE OF CONTRACT TIME
12.1 GENERAL
12.1.1 CONTRACTOR Request For Time Extension - The Contract Time may only be changed by a Change Order or Field Order. Any request by CONTRACTOR for an extension of the Contract Time (or Milestones) shall be based on written notice delivered by CONTRACTOR to OWNER promptly (but in no event later than seven (7) Days) after the occurrence of the event giving rise to the request and stating the general nature of the request, unless otherwise noted.
Notice of the extent of the request with supporting data shall be delivered within fourteen (14) Days after such occurrence (unless OWNER allows an additional period of time to ascertain more accurate data in support of the request) and shall be accompanied by CONTRACTOR’S written statement that the adjustment requested is the entire time adjustment to which CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. An increase in Contract Time does not mean that CONTRACTOR is due an increase in Contract Price.
12.1.2 CONTRACTOR Required Analysis - An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the Critical Path Method Progress Schedule critical path that the increases in the time to perform or complete the WORK, or specified part of the WORK, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of both CONTRACTOR and his Subcontractors, Suppliers or other persons or organizations, and that such causes in fact lead to performance or completion of the WORK, or specified part in question, beyond the corresponding Contract Time, despite CONTRACTOR’s reasonable and diligent actions to guard against those effects.
12.1.3 OWNER’s Right To Grant Time Extension - OWNER may elect, at its sole discretion, to grant an extension in Contract Time, without CONTRACTOR’s request, because of delays or other factors.
12.2 TIME IS OF THE ESSENCE - With regard to all Milestones and all time limits stated in the Contract Documents, time is of the essence.
12.3 CRITERIA FOR DETERMINING ADJUSTMENTS IN CONTRACT TIME
12.3.1 Use Of Float and Critical Path - Use of float is in accordance with the SPECIAL PROVISIONS.
12.3.2 Types Of Delays Beyond CONTRACTOR’s and OWNER’S Control - Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners, fires, floods, epidemics, abnormal weather conditions, labor slowdowns and strikes or acts of God. CONTRACTOR must provide OWNER written notice of the potential delay within twenty-four (24) hours of the occurrence.
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12.3.3 Subcontractor Delays Within CONTRACTOR Control - Delays attributable to and within the control of Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. No time extension will be allowed for such delays.
12.4 TIME ONLY ENTITLEMENT
12.4.1 - Where CONTRACTOR is prevented from completing any part of the WORK within the Contract Time (or Milestones) due to delay to a critical path activity beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Time (or Milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be CONTRACTOR’s sole and exclusive remedy for such delay.
12.4.2 - In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. CONTRACTOR must provide OWNER written notice of the potential delay within twenty-four (24) hours of the occurrence.
12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER - An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined in the Supplementary General Conditions, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in this Article. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined in the Supplementary General Conditions.
12.5.1 Extension of Time For Delays due to Weather Damage - If, however, in the opinion of OWNER, CONTRACTOR has made all reasonable efforts to protect the materials, equipment and work, CONTRACTOR may be granted a reasonable extension of Contract Time to make proper repairs, renewals and replacements of the work, materials or equipment in accordance with Article
12. ARTICLE 13 -- TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK; WARRANTY AND GUARANTEE
13.1 TESTS AND INSPECTIONS
13.1.1 ACCESS TO WORK FOR TESTING AND INSPECTION - OWNER, OWNER, their consultants, Sub-Consultants other representatives and personnel of OWNER, independent testing
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laboratories and governmental agencies with jurisdictional interests will have access to the WORK at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR’s Safety procedures and programs so that they may comply.
13.1.2 Cost of Inspection/Notice - OWNER will make, or have made, such inspections and tests as OWNER deems necessary to see that the WORK is being accomplished in accordance with the requirements of the Contract Documents. Unless otherwise specified, the cost of such inspection and testing will be borne by OWNER. In the event such inspections or tests reveal non-compliance with the requirements of the Contract Documents, CONTRACTOR shall bear the cost of corrective measures deemed necessary by OWNER, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by OWNER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR’s obligation to perform the WORK in accordance with the Contract Documents.
CONTRACTOR shall give OWNER timely notice as specified in the technical specification or five (5) Days if not identified of readiness of the WORK for all required on and off site inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
OWNER shall provide for the services of an independent testing laboratory to perform inspections, tests or approvals required by the Contract Documents except as otherwise specifically provided.
CONTRACTOR shall be responsible for arranging any inspection required by a public entity.
CONTRACTOR shall provide adequate notice to the public entity and to OWNER for any required inspection.
13.1.3 Right to Stop Work - OWNER has the right to stop or suspend work activities which will cover CONTRACTOR work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and CONTRACTOR will have no right to additional cost or time he may incur as a result of the work stoppage.
13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY
13.2.1 - CONTRACTOR shall be responsible for performance of tests and inspections in accordance with the SPECIAL PROVISIONS.
13.2.2 If laws or regulations of any public body having jurisdiction other than OWNER require any work to specifically be inspected, tested or approved, CONTRACTOR shall pay all costs.
13.2.3 CONTRACTOR shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER’s or OWNER’s acceptance of a Supplier
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of materials or equipment proposed as a substitution or “or-equal” to be incorporated in the WORK, or of materials or equipment submitted for review prior to CONTRACTOR’s purchase thereof for incorporation in the WORK.
13.2.4 CONTRACTOR shall pay all related costs, schedule related activities at appropriate times and secure and furnish for OWNER the required certificates of inspection, testing or approval.
Any associated cost and time required by CONTRACTOR for inspections required under Article
13.2 shall be considered as having been included in the Contract Price and in CONTRACTOR’s schedule for the performance of the WORK within the Contract Time.
13.2.5 All inspections, tests or approvals other than those required by laws or regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER.
13.2.6 CONTRACTOR shall anticipate at a minimum the following testing and inspection requirements over and above those required by the Contract Documents:
Civil Engineering Inspections/Reviews
1. All form work
2. Concrete placement
3. Asphalt compaction
4. Class II Base compaction
5. Remove and Replace areas
6. Street cat-tracking prior to final paint striping
13.3 COVERING WORK TO BE INSPECTED
13.3.1 Covered Work Prior To Inspection Or Testing - If any WORK (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of OWNER, it must, when requested by OWNER, be uncovered for inspection. CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering, unless CONTRACTOR has given OWNER and/or agencies timely notice of CONTRACTOR’s intention to cover the same, and OWNER has not acted with reasonable promptness in response to such notice.
13.3.2 Covered Work Contrary To Written Request - If any WORK is covered contrary to the written request of OWNER, it must, when requested by the OWNER, be uncovered for OWNER’s observation and recovered. CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such uncovering.
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13.3.3 OWNER Right to Direct That Work Be Uncovered For Inspection Or Testing
13.3.3.1 If OWNER considers it necessary or advisable that covered work be observed by OWNER or inspected or tested by others, CONTRACTOR, at OWNER’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as OWNER may require, that portion of the WORK in question, furnishing all necessary labor, material and equipment.
13.3.3.2 If it is found that such WORK is defective, CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including but not limited to fees and charges of engineers, architects, attorneys and other professionals. However, if such work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction based on the time and materials provisions as outlined in Article 11.
13.4 OWNER MAY STOP THE WORK - If the WORK is determined to be defective by OWNER, and CONTRACTOR fails to immediately correct the defect or CONTRACTOR fails to perform WORK in such a way that the completed WORK will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the WORK shall not give rise to any duty on the part of OWNER or OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall bear all direct, indirect and consequential costs and damages that result from this stop work notice.
13.5 CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.5.1 CONTRACTOR’s Responsibility - If required by OWNER, CONTRACTOR shall promptly, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the WORK has been rejected by OWNER, remove it from the site and replace it with nonDefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such correction or removal.
13.5.2 OWNER Acceptance of Defective Work - If, instead of requiring correction or removal and replacement of Defective Work, OWNER prefers to accept the WORK, OWNER may do so.
CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER’s evaluation of and determination to accept such Defective Work. If any such acceptance occurs prior to Final Payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and OWNER shall be entitled to an appropriate decrease in the Contract Price, determined by OWNER and charged to CONTRACTOR through a deductive Change Order.
13.5.3 OWNER May Correct Defective Work
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13.5.3.1 If CONTRACTOR after receiving written notice, from OWNER or from OWNER, or both, fails within a reasonable time as specified in the notice, to correct Defective Work or to remove and replace rejected WORK, OWNER may correct and remedy any such deficiency. If CONTRACTOR after receiving written notice from OWNER or OWNER, or both, fails within reasonable time as specified in the notice, to perform the WORK in accordance with the Contract Documents, or fails to comply with any other provision of the Contract Documents, OWNER may correct and remedy any such deficiency.
13.5.3.2 In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously.
13.5.3.3 In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the WORK, and suspend CONTRACTOR’s services related thereto, take possession of CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere.
13.5.3.4 CONTRACTOR shall allow OWNER, Engineers, Agents and employees, OWNER’s other contractors, OWNER and OWNER access to the site to enable OWNER to exercise the rights and remedies under this paragraph.
13.5.3.5 All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may unilaterally issue the Change Order through OWNER.
13.5.3.6 Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR’s Defective Work.
13.5.3.7 CONTRACTOR shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the WORK attributable to the exercise by OWNER of OWNER’s rights and remedies hereunder.
13.6 WARRANTY AND GUARANTEE
13.6.1 General - CONTRACTOR warrants and guarantees to OWNER that all work will be in accordance with the Contract Documents and will not be defective. Prompt notice of defects known to OWNER or OWNER shall be given to CONTRACTOR. All Defective Work, whether
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or not in place, may be rejected, corrected or accepted as provided in this Article 13. Defective Work may be rejected even if approved by prior inspection.
13.6.2 One (1) Year Warranty Period - The warranty period shall commence when the Notice of Completion is issued, at notice of Beneficial Occupancy or at notice of Partial Utilization of the work to be warranted has been issued, or a later date if so specified in the Agreement, or mutually agreed to, and extend until one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents.
13.6.3 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by Laws or Regulations, the WORK, or any part of the WORK, is discovered to be defective, CONTRACTOR shall promptly, without an adjustment in Contract Price and in accordance with OWNER’s or OWNER’s written instructions, either correct that Defective Work, or if it has been rejected by OWNER or OWNER, remove it from the site and replace it with non-Defective Work. If circumstances warrant it, including but not limited to, in an emergency, OWNER or OWNER may have the Defective Work corrected or the rejected WORK removed and replaced. In that event, CONTRACTOR shall not be allowed to recover any associated costs, and he shall reimburse OWNER for all direct, indirect and consequential costs of OWNER, and OWNER shall be entitled to an appropriate decrease in Contract Price, to withhold a set-off against amount recommended for payment, or make a claim on CONTRACTOR’s bond if CONTRACTOR has been paid in full. Where Defective Work (and damage to other WORK resulting therefrom) has been corrected, removed or replaced during the warranty period, the one (1) year warranty period with respect to such WORK will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed.
13.6.4 Early Completion - The one (1) year warranty period will not begin until the Notice of Completion is filed. If CONTRACTOR completes the WORK or portions thereof prior to this time, he shall preserve the equipment and/or facilities by developing and implementing a preventive maintenance program in compliance with manufacturer’s recommendations to maintain the equipment and/or facilities unless OWNER has issued a notice of Beneficial Occupancy or notice of Partial Utilization for the warranted WORK. At start up, CONTRACTOR will be required to get his equipment and/or facilities ready to put into service.
13.7 EXTENDED WARRANTIES AND GUARANTEES - OWNER may at its sole discretion extend the one (1) year warranty period up to twenty-four (24) months, in which case CONTRACTOR shall maintain the warranties and guarantees. If such extension of the one (1) year warranty period causes an increase in the cost of the warranties and guarantees provided by CONTRACTOR, an adjustment in Contract Price shall be made as provided by the Contract Documents.
13.7.1 Extended Warranties and Guarantees - OWNER may extend the one (1) year Warranty period for up to twenty-four (24) additional months.
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ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 BASIS FOR PAYMENT
14.1.1 Lump Sum Items
14.1.1.1 General - Items for which quantities are indicated as Lump Sum shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of WORK and all work appurtenant thereto.
14.1.1.2 Critical Path Method (“CPM”) Schedule Used For Payment - Payment for all lump sum costs and services shall be based on the value of WORK accomplished. The allocation of cost to CPM schedule activities will be utilized for payment computation.
14.1.1.3 Critical Path Method Schedule Required - CONTRACTOR shall submit to OWNER a detailed cost loaded and manpower loaded CPM schedule, to be used as a basis for determining progress payments in accordance with the General Requirements.
14.1.2 Unit Priced Items
14.1.2.1 General - Unit price items will be paid for based on equivalent quantities installed or performed. Unless otherwise specified, quantities of WORK shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along the longitudinal axis. Unless otherwise provided in the Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. CONTRACTOR and OWNER will agree on the unit quantity to be used for payment prior to its installation or removal when possible, or immediately after installation.
14.1.2.2 Methods of Measurement - Materials and items of WORK which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections involved.
14.1.2.3 Certified Weight - When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by OWNER, on a completely automated weighing and recording system. CONTRACTOR shall furnish OWNER with duplicate licensed weighmaster’s certificates showing the actual net weights.
14.1.2.4 Units of Measurement - Measurements shall be in accordance with U.S. standard measures. A pound is an avoirdupois pound. A ton is two thousand (2,000) pounds avoirdupois.
The unit of liquid measure is the U.S. gallon.
14.2 PAYMENT
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14.2.1 Wasted Or Rejected Material - Payment will not be made for materials wasted or disposed of in a manner not called for in the Contract Documents. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the plan lines. No compensation will be allowed for disposing of rejected or excess materials.
14.2.2 CONTRACTOR Retains Ownership - Payment shall not relieve CONTRACTOR from its obligations under the Agreement, nor shall such payment be construed to be acceptance of any of the WORK. Payment shall not be construed as the transfer of ownership of any equipment or materials to OWNER. Responsibility of ownership shall remain with CONTRACTOR who shall be obligated to store, protect, repair, replace, rebuild or otherwise restore any fully or partially completed WORK or structure for which payment has been made, or replace any materials or equipment required to be provided under the Agreement which may be damaged, lost, stolen or otherwise degraded in any way prior to final acceptance of the WORK.
14.2.3 Payment Does Not Affect Warranty - Guarantee and warranty periods shall not be affected by any payment but shall commence as specified in Article 13.6.2.
14.2.4 Stop Notice - If, within the time fixed by law, a properly executed notice to stop payment is filed with OWNER, due to CONTRACTOR’s failure to pay for labor or materials used in the WORK, all money due for such labor or materials will be withheld from payment to CONTRACTOR in accordance with applicable laws.
14.3 APPLICATION FOR PROGRESS PAYMENT
14.3.1 Payment Due Date - CONTRACTOR shall, on the payment application date designated by OWNER, submit to OWNER for review, an Application for Payment filled out and signed by CONTRACTOR covering the WORK completed as of the date of the application and accompanied by such supporting documentation as is required by the General Requirements.
14.3.2 Payment Application Content - The Application for Payment shall identify, as a subtotal, the amount of CONTRACTOR’s total earnings to date, plus the value of materials stored at the site which have not yet been incorporated in the WORK, and less a deductive adjustment for materials previously paid. Payment for such material shall not be construed as acceptance of the material.
14.3.3 Net Payment - The net payment due CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted retainage and the total amount of all previous payments made to CONTRACTOR.
14.3.4 Retention - A retention of five (5) percent of each approved progress payment will be withheld until the work is fifty (50) percent complete; then OWNER may, at its option, refund that portion of retainage held by OWNER that is in excess of five (5) percent of the total of the WORK done to date and thereafter continue to retain five (5) percent of the value of all approved progress
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payment requests subsequently submitted. When the Notice of Completion is issued, OWNER at its option, may refund any portion of the remaining retention.
14.3.5 Retainage From Payments - CONTRACTOR may elect to receive one hundred (100) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.
14.3.6 Reinstating Retention - OWNER may reinstate up to five (5) percent retention of the total of the WORK done if OWNER determines, at its discretion, that CONTRACTOR is not performing the WORK satisfactorily or there is other specific cause for such withholding.
14.3.7 Products Stored On and Off Site - Storage and payment for material supplies and/or equipment which will be incorporated into the WORK shall be in accordance with the provisions of the General Requirements.
14.4 CONTRACTOR’S WARRANTY OF TITLE - CONTRACTOR warrants and guarantees that title to all work, materials and equipment covered by an Application for Payment, whether incorporated in the WORK or not, will pass to OWNER at the time of Final Payment free and clear of all liens.
14.5 APPLICATIONS FOR PROGRESS PAYMENT - Thirty (30) Days after presentation of undisputed and properly submitted Application for Payment, the amount will become due and when due will be paid by OWNER to CONTRACTOR.
Any payment request that is disputed or determined to be improper shall be returned to CONTRACTOR not later than seven (7) Days after receipt accompanied by documentation describing the reason(s) why the payment request is not proper.
Any progress payment not made within thirty (30) Days of an undisputed and properly submitted payment request will require OWNER to pay interest as provided by Public Contract Code section 20104.50.
14.6 REJECT PAYMENT FOR DEFECTIVE WORK - OWNER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in OWNER’s opinion to protect OWNER from loss because:
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14.6.1 The WORK is defective, or completed WORK has been damaged requiring correction or replacement,
14.6.2 The Contract Price has been reduced by written amendment or Change Order,
14.6.3 OWNER has been required to correct Defective Work or complete WORK in accordance with Article 13.
14.6.4 OWNER has actual knowledge of the occurrence of any of the events enumerated in Article
15. 14.7 REJECTION OF PAYMENT BY OWNER - OWNER may refuse to make payment of the full amount recommended by OWNER because claims have been made against OWNER on account of CONTRACTOR’s performance of the WORK or liens have been filed in connection with the WORK or there are other items entitling OWNER to a credit against the amount recommended, but OWNER must give CONTRACTOR written notice within seven (7) Days (with a copy to OWNER) stating the reasons for such action.
14.8 SUBSTANTIAL COMPLETION
14.8.1 When CONTRACTOR considers the WORK ready for its intended use CONTRACTOR shall notify OWNER in writing that the WORK is substantially complete. CONTRACTOR shall attach to this notice a list of all work items that remain to be completed.
14.8.2 Within a reasonable time thereafter, OWNER, CONTRACTOR and OWNER shall make an inspection of the WORK to determine the status of completion.
14.8.3 If OWNER does not consider the WORK substantially complete, or the list of remaining work items to be comprehensive, OWNER will notify CONTRACTOR in writing giving the reasons therefore.
14.8.4 If OWNER considers the WORK substantially complete, OWNER will prepare and deliver to OWNER a notice of Substantial Completion, which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items to be completed or corrected before Final Payment. At the time of delivery of the notice of Substantial Completion, OWNER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending Final Payment between OWNER and CONTRACTOR with respect to security, operation, Safety, maintenance, heat, utilities, insurance and warranties and guarantees.
14.8.5 OWNER shall have the right to exclude CONTRACTOR from the WORK after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the list of remaining WORK items, or for warranty work.
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14.9 PARTIAL UTILIZATION AND BENEFICIAL OCCUPANCY
14.9.1 Partial Utilization - OWNER shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK which is substantially complete prior to completion of all of the WORK. Whenever OWNER plans to exercise said right, CONTRACTOR will be notified in writing with a notice of Partial Utilization signed by OWNER identifying the specific portion or portions of the WORK to be so utilized or otherwise placed into service.
Liquidated damages will not be affected.
14.9.2 Beneficial Occupancy - OWNER shall have the right to take control of the entire WORK if it is substantially completed. Whenever OWNER plans to exercise said right CONTRACTOR will be notified in writing with a notice of Beneficial Occupancy. Such use by OWNER will terminate liquidated damages.
14.9.3 Responsibility For Care and Maintenance - It shall be understood by CONTRACTOR that until Beneficial Occupancy or Partial Utilization notices are issued or start up begins, all responsibility for care and maintenance of all of the WORK shall be the responsibility of CONTRACTOR. Upon issuance of said written notice of Beneficial Occupancy or notice of Partial Utilization, OWNER will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice.
14.9.4 CONTRACTOR Responsible For Completion - CONTRACTOR shall retain full responsibility for satisfactory completion of the WORK, regardless of whether a portion thereof has been partially utilized by OWNER.
14.10 FINAL INSPECTION - Upon written notice from CONTRACTOR that the entire WORK or an agreed portion thereof is complete, OWNER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the WORK is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such WORK or remedy such deficiencies.
14.11 FINAL APPLICATION FOR PAYMENT - After CONTRACTOR has completed all of the remaining work items referred to in Article 14, removed all temporary structures and utilities, cleared the site, delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents, and after OWNER has indicated that the WORK is acceptable, CONTRACTOR may make application for Final Payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers satisfactory to OWNER of all liens arising out of or filed in connection with the WORK.
If CONTRACTOR has specific claims outstanding he shall restate these claims by stating the nature of the claim, the basis for entitlement and the estimated value of the claim. CONTRACTOR shall specifically release OWNER from any other claims not renewed.
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14.12 FINAL PAYMENT AND ACCEPTANCE
14.12.1 If, on the basis of OWNER’s observation of the WORK during construction and final inspection, and OWNER’s review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, OWNER is satisfied that the WORK has been completed and CONTRACTOR’s other obligations under the Contract Documents have been fulfilled, OWNER will, within fourteen (14) Days after receipt of the final Application for Payment, indicate in writing OWNER’s recommendation of payment and present the Application for Payment to OWNER for payment. OWNER will also prepare a Notice of Completion.
14.12.2 After acceptance of the WORK by OWNER, OWNER will make Final Payment to CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents. OWNER will sign the Notice of Completion and file the Notice of Completion with the County Recorder.
14.13 LIQUIDATED DAMAGES
14.13.1 - Failure of CONTRACTOR to complete the WORK within the time allowed will result in damages being sustained by OWNER. For each consecutive calendar Day in excess of the time specified for completion of the WORK, CONTRACTOR shall pay to OWNER, or have withheld from monies due it, the sum provided for in the Contract Documents.
14.13.2 Execution of the Agreement shall constitute agreement by OWNER and CONTRACTOR that specified liquidated damages is the minimum value of the costs and actual damage caused by failure of CONTRACTOR to complete the WORK within the allotted time; that such sum is liquidated damages and shall not be construed as a penalty, and that such sum will be deducted from Final Payment due CONTRACTOR if such delay in completion occurs.
14.14 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION - If, through no fault of CONTRACTOR, final completion of the WORK is significantly delayed and if OWNER so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and recommendation of OWNER, and without terminating the Agreement, make payment of the balance due for that portion of the WORK fully completed and accepted. If the remaining balance to be held by OWNER for WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by CONTRACTOR to OWNER with the Application for such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims.
14.15 WAIVER OF CLAIMS - The making and acceptance of Final Payment will constitute:
14.15.1 OWNER - A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from Defective Work appearing after final inspection pursuant to
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Article 14, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR’s continuing obligations under the Contract Documents; and
14.15.2 CONTRACTOR - A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled and specifically renewed in the Application for Payment.
14.16 RELEASE OF RETAINAGE AND OTHER DEDUCTIONS - After executing the necessary documents to initiate the lien period, and not more than thirty-five (35) Days thereafter (based on a thirty (30) Day lien filing period and five (5) Day processing time), OWNER will release to CONTRACTOR the retainage funds withheld pursuant to the Agreement, less any deductions to cover pending third-party claims and liquidated damages against CONTRACTOR.
14.17 CONTRACTOR’S CONTINUING OBLIGATION - CONTRACTOR’s obligation to perform and complete the WORK in accordance with the Contract Documents shall be absolute.
Neither recommendation of any progress or Final Payment by OWNER, nor the issuance of a Notice of Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review of a Shop Drawing or sample submittal, will constitute an acceptance of work not in accordance with the Contract Documents or a release of CONTRACTOR’s obligation to perform the WORK in accordance with the Contract Documents.
14.18 TERMINATION OF LIABILITY OF OWNER - The acceptance by CONTRACTOR of final payment referred to in Article 14 herein, shall be a release of OWNER and OWNER from all claims of liability to CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of OWNER or of any person relating to or affecting the WORK, except demands against OWNER for the remainder, if any, of the amounts kept or retained under the provisions of Article 14 herein; and excepting pending, unresolved claims renewed with the final Application for Payment.
ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION
15.1 SUSPENSION OF WORK BY OWNER - OWNER, acting through OWNER, may, at any time and without cause, suspend the WORK or any portion thereof for a period of not more than ninety (90) Days by notice in writing to CONTRACTOR. CONTRACTOR shall resume the WORK on receipt from OWNER of a notice of resumption of WORK. CONTRACTOR may submit a request for a change in the Contract Price or of the Contract Time, or both, directly attributable to the suspension as provided in Articles 11 and 12.
15.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES
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15.2.1 If a discovery is made of an archaeological or paleontological interest, CONTRACTOR shall immediately cease operations in the area of the discovery and shall not continue until ordered by OWNER. This suspension of work may exceed the ninety (90) Day limit without creating a CONTRACTOR right to terminate the Agreement. When resumed, operations within the area of the discovery shall be as directed by OWNER.
15.2.2 Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with culturally significance.
15.2.3 CONTRACTOR shall be entitled to an extension of time and compensation in accordance with the provisions of the Contract Documents.
15.3 TERMINATION OF AGREEMENT BY OWNER FOR CAUSE
15.3.1 In the event of default by CONTRACTOR, OWNER shall give fourteen (14) Days written notice to CONTRACTOR of OWNER’s intent to terminate the Agreement and provide CONTRACTOR opportunity to remedy the conditions constituting the default.
15.3.2 CONTRACTOR Default - It shall be considered a default by CONTRACTOR when CONTRACTOR:
15.3.2.1 Declares bankruptcy, becomes insolvent, assigns its assets for the benefit of its creditors, or is unable to pay debts as they become due;
15.3.2.2 Fails to provide materials or workmanship meeting the requirements of the Contract Documents, and fails to correct the Defective Work as required by Article 13;
15.3.2.3 Disregards or violates provisions of the Contract Documents or OWNER’s instructions;
15.3.2.4 Fails to prosecute the WORK according to the approved progress schedule;
15.3.2.5 Fails to provide a qualified superintendent, competent workers or materials or equipment meeting the requirements of the Contract Documents;
15.3.2.6 Fails to maintain license or insurance.
15.3.3 If CONTRACTOR fails to remedy the conditions constituting default within the time allowed, OWNER may then issue the notice of termination.
15.3.4 In the event the Agreement is terminated in accordance with Article 15, OWNER may take possession of the WORK and may complete the WORK by whatever method or means OWNER may select. The cost of completing the WORK shall be deducted from the balance which would have been due CONTRACTOR had the Agreement not been terminated and the WORK completed
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in accordance with the Contract Documents. If such cost exceeds the balance which would have been due, CONTRACTOR shall pay the excess amount to OWNER. If such cost is less than the balance which would have been due, CONTRACTOR shall not have claim to the difference.
15.4 RIGHTS OF OWNER PRESERVED - Where CONTRACTOR’s services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability.
15.5 TERMINATION BY OWNER FOR JUST CAUSE - OWNER may terminate the Contract for just cause at its own discretion or when conditions encountered during the WORK make it impossible or impractical to proceed, or when OWNER is prevented from proceeding with the Agreement by act of God, by law or by official action of a public authority.
15.5.1 Termination for Convenience of OWNER
15.5.1.1 Termination of CONTRACTOR’s Performance of WORK - OWNER may terminate, subject to the express terms and conditions set forth below, CONTRACTOR’s performance of work under this Agreement, in whole or, from time to time, in part, if OWNER’s City Council does not appropriate sufficient monies to fund the Agreement. The City Manager shall terminate on behalf of OWNER by delivering to CONTRACTOR a notice of termination, in writing, specifying the extent of termination and the effective date
15.5.1.2 Notice of Termination - After receipt of the notice of termination, and except as otherwise directed by OWNER’s City Manager, CONTRACTOR shall immediately proceed as follows:
15.5.1.2.1 Stop WORK immediately or as specified in the notice;
15.5.1.2.2 Immediately place no further subcontracts for materials, services or facilities, except as necessary to complete any authorized, continued portion of the Agreement;
15.5.1.2.3 Immediately terminate all subcontracts to the extent they relate to the WORK terminated;
15.5.1.2.4 With approval by OWNER’s City Manager, settle all outstanding obligations arising from the termination of subcontracts, the approval of which will be final for purposes of this clause;
15.5.1.2.5 As directed by OWNER’s City Manager, transfer the title and deliver to OWNER, completed or partially completed drawings, plans, calculations, Specifications and any other documents and records that, if the Agreement has been completed, would be required to be furnished to OWNER;
15.5.1.2.6 Complete performance of the WORK not terminated;
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15.5.1.2.7 Take any action that may be necessary, or that OWNER’s City Manager may direct, for the protection and preservation of the property related to the Contract Documents that is in the possession of CONTRACTOR and in which OWNER has or may acquire an interest.
15.5.1.3 Removal of CITY Property - CONTRACTOR may request OWNER to remove OWNER’s property or enter into an agreement for its storage. Within sixty (60) Days, OWNER will accept title of property and remove it or enter into a storage agreement.
15.5.1.4 Termination Settlement - After termination, CONTRACTOR shall submit a final termination settlement proposal to OWNER’s City Manager in the form and with the certification prescribed by OWNER’s City Manager. CONTRACTOR shall submit the proposal promptly, but not later than six (6) months from the effective date of termination, unless extended in writing, by OWNER’s City Manager upon written request of CONTRACTOR within this six (6) month period. However, if OWNER’s City Manager determines that the facts justify it, a termination settlement proposal may be received and acted on after six (6) months or any extension. If CONTRACTOR fails to submit the proposal within the time allowed, OWNER may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due CONTRACTOR as a result of the termination and pay the amount determined. If CONTRACTOR does not agree that the amount determined by OWNER’s City Manager is fair and reasonable, and if CONTRACTOR gives notice of such disagreement to OWNER in accordance with this paragraph of the Agreement within thirty (30) Days of receipt of payment, then the amount due shall be as fixed in a court of law.
15.5.1.5 Payment for CONTRACTOR Due to Termination - Subject to the above paragraph, CONTRACTOR and OWNER’s City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, exclusive of costs shown in Paragraph
15.5.1.6.3 below, may not exceed the total dollar amount authorized by OWNER as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated.
The Contract Documents shall be amended, and CONTRACTOR paid the agreed amount. The paragraph below shall not limit, restrict or affect the amount that may be agreed upon to be paid under this paragraph.
15.5.1.6 Failure to Agree on Payment - If CONTRACTOR and OWNER fail to agree on the whole amount to be paid because of the termination of WORK, OWNER shall pay CONTRACTOR the fair and reasonable amounts determined in good faith by OWNER as follows, but without duplication of any amounts agreed above:
15.5.1.6.1 The Contract Price for completed services accepted by OWNER not previously paid for, adjusted for any saving of freight and other charges.
15.5.1.6.2 The total of:
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15.5.1.6.2.1 The costs incurred in the performance of the WORK terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs’ attributable to services paid or to be paid under Paragraph 15.5.1.6;
15.5.1.6.2.2 The fair and reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Agreement if not included in paragraph above; and
15.5.1.6.2.3 A sum, as profit on the above paragraph determined by OWNER’s City Manager to be fair and reasonable under the circumstances; however, if it appears that CONTRACTOR would have sustained a loss on the entire Agreement had it been completed, OWNER shall allow no profit under this paragraph and shall reduce the settlement to reflect the indicated rate of loss.
15.5.1.6.3 The reasonable costs of settlement of the WORK terminated, including:
15.5.1.6.3.1 Accounting, legal, clerical and other expenses reasonably necessary for the preparation of termination of settlement proposals and supporting data;
15.5.1.6.3.2 The termination and settlement of subcontracts (excluding the amounts of such settlements); and
15.5.1.6.3.3 Storage, transportation and other costs incurred, reasonable necessary for the preservation, protection or disposition of property in which OWNER has or may acquire an interest.
15.5.1.7 Dispute of Payment - If CONTRACTOR does not agree that the amount determined by OWNER’s City Manager under the paragraph above is fair and reasonable and if CONTRACTOR gives notice of such disagreement to OWNER in accordance with Paragraph 15.5.1.4 of this Contract within thirty (30) Days of receipt of payment, then the amount due shall be as determined in a court of law.
15.5.1.8 Payment for Property Destroyed, Lost Stolen or Damaged - Except to the extent that OWNER expressly assumed the risk of loss, OWNER’s City Manager shall exclude from the amounts payable to CONTRACTOR under Paragraph 15.5.1.6 above, the fair value, as determined by OWNER’s City Manager, of property that is destroyed, lost, stolen or damaged so as to become undeliverable to OWNER.
15.5.1.9 Determination of Amount Due CONTRACTOR - In arriving at the amount due CONTRACTOR under this clause, there shall be deducted:
15.5.1.9.1 All unliquidated advance or other payments to CONTRACTOR under the terminated portion of this Agreement;
15.5.1.9.2 Any claim which OWNER has against CONTRACTOR under this Agreement; and
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15.5.1.9.3 The agreed price for, or the proceeds of sale of, materials, supplies or other things acquired by CONTRACTOR or sold under the provisions of this clause and not recovered by or credited to OWNER.
15.5.2 Partial Termination - If the termination is partial, CONTRACTOR may file a proposal with OWNER’s City Manager for an equitable adjustment of the price(s) of the continued portion of the Agreement. OWNER shall make any equitable adjustment agreed upon. Any proposal by CONTRACTOR for an equitable adjustment under this clause shall be requested within ninety (90) Days from the effective date of termination unless extended, in writing, by OWNER’s City Manager.
15.5.2.1 Partial Termination Payment - OWNER may, under the terms and conditions it prescribes, make partial payment and payments against costs incurred by CONTRACTOR for the terminated portion of the Agreement if OWNER’s City Manager believes the total of these payments will not exceed the amount to which CONTRACTOR will be entitled. If the total payments exceed amount finally determined to be due, CONTRACTOR shall repay the excess to OWNER upon demand, together with interest. Interest shall be at a rate of six (6) percent per annum compounded daily and shall be computed for the period from the date the excess payment is received by CONTRACTOR to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in CONTRACTOR’s termination settlement proposal because of retention or disposition, or a later date determined by OWNER’s City Manager because of the circumstances.
15.5.5.3 Records and Documents Relating to Termination - Unless otherwise provided in the Agreement or by statute, CONTRACTOR shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on CONTRACTOR’s costs and expenses under this Agreement.
CONTRACTOR shall make these records and documents available to OWNER, at CONTRACTOR’s office, at all reasonable times, without any direct charge. If approved by OWNER’s City Manager, photographs, microphotographs or other authentic reproductions may be maintained instead of original records and documents.
15.6 TERMINATION OF AGREEMENT BY CONTRACTOR - CONTRACTOR may terminate the Agreement upon ten (10) Days written notice to OWNER, whenever:
15.6.1 the WORK has been suspended under the provisions of Article 15, for more than ninety (90) consecutive Days through no fault or negligence of CONTRACTOR, and notice to resume work or to terminate the Agreement has not been received from OWNER within this time period; or,
15.6.2 OWNER should fail to pay CONTRACTOR any monies due him in accordance with the terms of the Contract Documents and within ninety (90) Days after presentation to OWNER by
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CONTRACTOR of a request therefor, unless within said ten (10) Day period OWNER shall have remedied the condition upon which the payment delay was based.
15.6.3 In the event of such termination, CONTRACTOR shall have no claims against OWNER except for those claims specifically enumerated in Article 15, herein, and as determined in accordance with the requirements of said paragraph.
ARTICLE 16 - DISPUTES
16.1 GENERAL - All claims, counterclaims, disputes and other matters in question arising under, or relating to, the Contract Documents and/or the breach thereof shall be processed in accordance with the provisions of this Article and are subject to audit by OWNER’s internal audit staff in accordance with Article 17.
16.2 REQUESTS FOR CHANGE
16.2.1 CONTRACTOR’s Right To Request a Change - In accordance with Articles 11 and 12, CONTRACTOR may request a change in the Contract Price or an extension of the Contract Time.
Such a request shall be in writing, and shall be delivered to OWNER within the time periods outlined in Articles 11 and 12.
16.2.2 Initial Determination - OWNER shall make an initial determination on CONTRACTOR’s request in writing, within twenty (20) working Days of receipt of the requested supporting data.
16.2.3 CONTRACTOR Appeal and Claim - Should CONTRACTOR disagree with OWNER’s initial determination, CONTRACTOR may file a Claim requesting a final determination from OWNER. Such a request shall be in writing, and shall be delivered within twenty (20) working Days after receipt of OWNER’s initial determination, and after certifying his Claim in accordance with Paragraph 16.3.
16.2.4 Waiver Of Rights - Failure of CONTRACTOR to notify OWNER and deliver supporting data in accordance with the time periods outlined above or failure to respond to OWNER’s initial determination within the time period outlined in this paragraph, shall be deemed to be a waiver of objection or right to further Claim of this matter.
16.3 CLAIMS
16.3.1 Definition of Claim - A Claim means a written demand by CONTRACTOR seeking an adjustment in Contract Price and payment of monies so due, an extension or shortening in Contract Time, or other relief arising under or relating to the Agreement following denial of CONTRACTOR’s request for an OWNER’s initial determination. A written demand by CONTRACTOR seeking the payment of money or an extension of time is not a Claim under this Article until certified as required below. A voucher, invoice or other routine Application for Payment that is not in dispute when submitted, is not a Claim under this Article.
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16.3.2 Claim Arising Under The Agreement - A Claim arising under the Agreement, unlike a Claim relating to the Agreement, is a Claim that can be resolved under an Agreement provision that provides for or excludes the relief sought by the claimant. Such Claims shall be resolved under the applicable provisions of the Agreement.
16.3.3 Period Of Claim - For any Claim under this Article to be valid, it shall be based upon written notice delivered by CONTRACTOR to OWNER promptly, but in no event later than twenty (20) working Days, after receipt of OWNER’s initial determination as outlined in Paragraph 16.2. The responsibility to substantiate Claims shall rest with the party making the Claim.
16.3.4 Claim Certification Requirements - For all CONTRACTOR Claims seeking an increase in Contract Price or Contact Time, CONTRACTOR shall submit with the Claim an affidavit certifying that:
16.3.4.1 Claim Made In Good Faith - The Claim is made in good faith, and the amount claimed accurately reflects the adjustments in Contract Price or Contract Time for which CONTRACTOR believes OWNER is liable, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which CONTRACTOR is entitled as a result of the occurrence of the claimed event;
16.3.4.2 Cost And Pricing Data - Supporting cost and pricing data are current, accurate, complete and represent the best of CONTRACTOR’s knowledge and belief; and,
16.3.4.3 CONTRACTOR’s Agent - If CONTRACTOR is an individual, the affidavit shall be executed by that individual; if CONTRACTOR is not an individual, the affidavit shall be executed by a senior company official in charge at CONTRACTOR’s plant or location involved or a responsible officer or general partner of CONTRACTOR.
16.3.5 Progress Schedule Analysis - All Claims for time shall be supported by an analysis of the CPM Progress Schedule detailing the impact of the claimed work on specific impacted schedule activities.
16.4 CLAIM RESOLUTION PROCESS
Notwithstanding anything to the contrary, the following provisions shall apply regarding claims:
As set out in Public Contract Code Section 9204 this provision shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
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(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means the City of El Centro.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) 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 public entity shall provide the claimant 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 shall be
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processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity 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 shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear 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 shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding
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arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
16.5 VENUE
16.5.1 State of California - CONTRACTOR, and any Subcontractor, Supplier and any other person or organization performing any part of WORK, agree that each of them will waive jurisdiction and venue and shall submit to the jurisdiction of the courts of the State of California, regardless of residence or domicile, with respect to any actions or suits at law or in equity arising under or related to the bidding, award or performance of the WORK.
16.5.2 County Where OWNER’s Headquarters Located - CONTRACTOR, Subcontractor, Supplier or any other person or organization shall not commence any action, other than those in the State of California in the county where OWNER’s Headquarters are located, against OWNER and OWNER or any of their consultants, and/or any of their respective directors, officers, employees, representatives or agents, with regard to any matter whatsoever arising out of or relating to the validity, construction, interpretation or reinforcement of the Agreement.
ARTICLE 17 -- MISCELLANEOUS
17.1 GIVING NOTICE - Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
17.2 CUMULATIVE REMEDIES - The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the General Conditions and all of the rights and remedies available to OWNER and OWNER thereunder are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
17.3 PROFESSIONAL FEES AND COURT COSTS INCLUDED - Whenever reference is made to claims, costs, losses and damages, it shall include in each case, but not be limited to, all
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fees and charges of engineers, architects and other professionals and all court or arbitration or other dispute resolution costs. Attorneys’ fees are specifically excluded and shall be the responsibility of each party.
17.4 RIGHT TO AUDIT
17.4.1 Owner’s Right - If CONTRACTOR submits a Claim or a time and material Change Order to OWNER for additional compensation, OWNER shall have the right, as a condition to considering the Claim, and as a basis for evaluation of the Claim, and until the Claim has been settled, to audit CONTRACTOR’s books to the extent they are relevant.
17.4.2 Right Includes - This right shall include the right to examine books, records, documents and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted.
17.4.3 Right To Inspect Plans - The right to audit shall include the right to inspect CONTRACTOR’s plans, or such parts thereof, as may be or have been engaged in the performance of the WORK.
17.4.4 CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as OWNER deems desirable during CONTRACTOR’s normal business hours at the office of CONTRACTOR.
17.4.5 Accounting Records - CONTRACTOR shall make available to OWNER for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to OWNER.
17.5 ALL LEGAL PROVISIONS INCLUDED - All provisions of law required to be inserted in the Agreement or Contract Documents shall be and are inserted herein. If through mistake, neglect, oversight or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Agreement or Contract Documents shall be changed by OWNER, at no increase in Contract Price or extension in Contract Time, so as to strictly comply with the law and without prejudice to the rights of either party hereunder.
17.6 NO CONFLICT WITH LAWS OR REGULATIONS
17.6.1 The duties, obligations, criteria or procedure imposed by these General Conditions and the rights and remedies made available are in addition to, and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, except that in the event that a specific part or detailed requirement of a provision, criterion or procedure in these General Conditions and a specific part or detailed requirement of a provision, criterion or procedure imposed or available by laws or
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regulations are in conflict, the specific part or detailed requirement of such provision, criterion or procedure imposed or available by laws or regulations in conflict shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable laws or regulations and these General Conditions not in conflict shall remain in full force and effect and be read with the controlling specific part or detailed requirement.
17.6.2 The provisions of paragraph 17.6 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
- END OF GENERAL CONDITIONS –
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SUPPLEMENTARY GENERAL CONDITIONS
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SUPPLEMENTARY GENERAL CONDITIONS
GENERAL
These Supplementary General Conditions make additions, deletions or revisions to the General Conditions as indicated herein. All provisions which are not so added, deleted or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.
SGC-1 DEFINITIONS
Apparent Low Bidder - The Bidder whose Bid, having been publicly opened and read aloud, meets all the material requirements of the Bidding Documents, OWNER deems responsible in accordance with the OWNER’s municipal code, and whose Bid price is the lowest received.
SGC-5.1 PERFORMANCE AND OTHER BOND AMOUNTS
CONTRACTOR shall furnish a satisfactory Performance Bond in the amount of one hundred (100) percent of the Contract Price and a satisfactory Payment Bond in the amount of one hundred (100) percent of the Contract Price.
SGC-5.2.2 CONTRACTOR shall provide the types and amounts of insurance as set out in the Agreement:
SGC-5.2.3 CONTRACTOR shall provide the indemnification set out in the Agreement.
SGC-6.18 SAFETY
SGC-6.18.3 CONTRACTOR shall provide a qualified on-site health and Safety representative, accepted by OWNER, with the authority to enforce all of the Safety requirements of CONTRACTOR’s health and Safety program, including implementation of CONTRACTOR’s injury and illness prevention program. OWNER will make a risk-based decision as to the qualification level of CONTRACTOR’s Safety representative. During periods of active construction (i.e., excluding weekends, weather delays or other periods of work inactivity), CONTRACTOR must have a designated representative on the construction worksite who is knowledgeable of the Project’s hazards and has full authority to act on behalf of CONTRACTOR. CONTRACTOR’s designated representative must make frequent and regular inspections of the construction worksite to identify and correct any instances of noncompliance with the Project health and Safety requirements.
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SGC-6.5 SUBCONTRACT LIMITATIONS
In addition to the provisions of Paragraph 6.5 of the General Conditions, CONTRACTOR shall perform not less than twenty (20) percent of the WORK with its own forces (i.e., without subcontracting). The twenty (20) percent requirement shall be understood to refer to the WORK, the value of which totals not less than twenty (20) percent of the Contract Price.
SGC-11.3.4 EQUIPMENT RENTAL RATES
CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication:
A. “Rental Rate Blue Book” as published by Dataquest (a company of the Dunn and Bradstreet Corporation), 1290 Ridder Park Drive, San Jose, CA 95131, telephone number (408) 437-8000 or outside of California (800) 669-3282
SGC-12.5 INCLEMENT WEATHER DELAYS
CONTRACTOR’s construction schedule shall be based upon the inclusion of five (5) Days of inclement weather delays.
An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined above, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in Article 12 of the General Conditions. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined above.
SGC-14.13 LIQUIDATED DAMAGES
SGC-14.13.3 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay two thousand dollars ($2,000) for every working Day that expires in excess of the time specified for final completion of the WORK.
END OF SUPPLEMENTARY GENERAL CONDITIONS
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SPECIFICATIONS
1.01 STANDARD SPECIFICATIONS
Unless indicated otherwise, the work embraced herein shall be done in accordance with the appropriate provisions of construction details as shown in the specifications entitled “GREEN BOOK Standard Specifications for Public Works Construction,” the 2024 edition, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications and in accordance with the following provisions:
Class II base and Conventional Asphalt shall comply with Caltrans Standard Specifications, latest edition.
In case of conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lieu of such conflicting portions.
1.02 SCOPE OF WORK
The work shall include construction of a new roadway and resurfacing of existing roadways including installation of conventional-asphalt concrete, aggregate base, grading, monument preservation, utility cover adjustments, striping and signage, installation of medians and traffic control as described in Chapter 5 of the Caltrans Traffic Manual and the latest edition of Manual of Uniform Traffic Control Devices (“California MUTCD”).
The scope of work is more specifically described on the construction plans and in these Specifications.
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SPECIAL PROVISIONS &
TECHNICAL SPECIFICATIONS
1. ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Director of Public Works, periodic meetings involving project personnel (the Contractor, utility, City personnel, and others) will be held for the purpose of coordinating project activities.
2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within ten (10) calendar days after that date set out in the Notice to Proceed issued by the City, and shall be diligently pursued to completion within 150 (One Hundred Fifty) Calendar Days of said date.
3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties to the Contract that in case of all work called for under the Contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the Contractor will pay to the City the sum of two thousand dollars ($2,000) per calendar day for each and ever days delay beyond the time prescribed to complete the work.
4. MAINTAINING TRAFFIC
The Contractor shall furnish, install, and maintain traffic control in accordance with the latest Caltrans Standard Plans and Specifications, CAMUTCD and the WATCH Manual. See "Traffic Control" section of the General Provisions and these Technical Specifications. The Contractor shall obtain and adhere to encroachment permit requirements per agency where the work will be conducted.
The Contractor shall provide traffic control plans and detour plans, signed by a licensed Civil Engineer or Traffic Engineer in the State of California, for approval and acceptance by the Engineer. Subsequently, comments and corrections shall be returned to the Contractor within twenty (20) working days or less.
Traffic controls, including but not limited to, vehicular, bicyclists and pedestrians traffic controls, maintenance of vehicular, bicyclists and pedestrian access, detours, and street closures shall be in accordance with latest editions of the Caltrans Standard Plans and Specifications, CAMUTCD and the WATCH Manual.
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Traffic control and the traffic plans shall conform to the following:
a. The traffic control plans shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be responsible for the preparation of plans as necessary for specific items of work. These plans shall be approved by the Engineer prior to the Contractor commencing any work. b. All traffic controls and safety devices, equipment and materials, including but not limited to, cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, makers, portable barriers, flashing arrow signs, electronic changeable message signs and markings shall be provided and maintained in "like new" condition.
c. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days a week, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize, and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work.
d. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the Engineer.
e. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty-eight (28) inches in height, except that shorter cones, twelve (12) inches high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic.
f. A minimum of one (1) Portable Changeable Message Signs (PCMS) is required in each direction in advance of each work area as identified by the City. They shall be placed two (2) weeks in advance of the start of work and maintained throughout the construction window. The PCMS shall be in clear areas and have clear line of sight for oncoming traffic. The PCMS shall not block and existing signs or project areas signs. g. Except as otherwise directed, as shown in the approved traffic control plans, and/or authorized by the Engineer, two-way vehicular traffic shall be maintained at all times within a minimum of two, 12-foot-wide lanes. At no time shall the Contractor be allowed to reduce the traveled way to one-way vehicular traffic.
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h. No reduction of the traveled way width shall be permitted between the hours per the local agency requirements, unless otherwise shown in the approved traffic control plans, or prior authorization to do so is granted by the Engineer. No lane closures/roadway closures shall be permitted or allowed on any City Street before per the local agency requirements, unless otherwise shown in the approved traffic control plans, or unless authorization to do so is granted by the Engineer. No reduction of traveled way width shall be permitted on any City Street per the local agency requirements, on weekends or holidays, or when active work is not being done, unless otherwise shown in the approved traffic control plans, or unless prior authorization to do so is granted by the Engineer.
i. Access to vacant unused property may be restricted by the Engineer's discretion. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer. j. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished and/or replaced, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be properly returned or restored to their proper position.
k. Any obstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times.
No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of vehicular and/or pedestrian traffic to which it applies.
l. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers or traffic signalized intersections.
m. Stockpiling and/or storage of materials on any public right-of-way or parking areas will not be allowed without specific permission by the Engineer. Materials spilled on or along said right-of-way or parking areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.
n. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstruction, and necessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the Engineer.
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o. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the Engineer reserves the right to correct and/or mitigate any situation, which in the sole opinion by the Engineer constitutes a serious deficiency and/or serious case of noncompliance, by any means at its disposal at the Contractor's and/or permittee's expense, and will deduct the cost therefore from the Contractor's progress and/or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the Engineer.
p. Violations of any of the above provisions and/or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction by the Engineer, shall, at the sole discretion of by the Engineer, be grounds for termination of the Contract, or shutdown or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the Engineer, all as prescribed by contractual obligation or State law, whichever is applicable. q. The Contract item "Traffic Control" shall include labor lights, barricades, signs, materials, fencing, and equipment necessary to ensure that the vehicular traffic conforms to requirements as set forth in this section and as require per the work shown on the project drawings.
Payment
Payment for Traffic Control shall be considered in the lump sum contract price including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.
The cost associated with devising the required Traffic Control and Traffic Control Plans and the implementation of the traffic control/detour during the whole construction period is the subject for the pay item "Prepare and Implement Temporary Traffic Control Plan".
The payment for this item will be set as follows:
35% at the first pay request processed after the installation of traffic control 35% at the second pay request thereafter
30% at the final pay request
5. NOTICE AND POSTING REQUIREMENTS
The Contractor shall post and remove temporary "No Parking" signs as needed. Signs shall be in place for at least two (2) business days in advance of commencing of work. Signs may be attached to existing poles, or any available support that may exist in the public right-of-way or the Contractor may furnish sign supports as may be necessary.
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Multiple notices shall be delivered and hung on door handles of each residence and to each business affected by the construction. The format and content of the notices shall be submitted to the City for approval at least two (2) weeks prior to use. Notices will be required as follows:
1) A general notice in all cases will be required two (2) weeks in advance of work, describing the sequence of activities that will affect parking and access to properties, to be delivered two (2) weeks prior to construction. This notice will generally addressing parking and access for street reconstruction/closures with further details to follow on subsequent notices.
The cost associated with “NOTICE AND POSTING REQUIREMENTS” is the subject under pay item "Prepare and Implement Temporary Traffic Control Plan”.
6. GEOTECHNICAL TESTING REQUIREMENTS
Along with the testing required in the City's QAP, the Contractor shall provide the services of an independent Geotechnical Consultant approved by the Construction Manager to perform the required testing specified within the contents of the plans and specifications. The cost for the Geotechnical Testing shall be borne by the Contractor. A copy of all tests shall be forwarded to the Construction Manager within four (4) days after the testing is complete. a) A compaction test for the Class 2 Base shall be required for each residential, commercial or alley driveway entrance.
b) A compaction test for the Class 2 Base installed beyond each driveway, alley entrance and sidewalk shall be obtained.
c) A compaction test for the Class 2 Base subgrade material shall be required for every 1,000 square feet of Class 2 Base surface street area.
d) An extraction/gradation test shall be completed from an A.C. pavement sample obtained by the geotechnical consultant representative each morning pavement operations occur. e) A compaction test for the A.C. pavement shall be required for every 2,000 square feet of A.C. street surface area.
f) A.C. pavement density testing shall be conducted on a continuous basis by the geotechnical representative during the placement of A.C. pavement.
g) One (1) set of cylinders and one (1) slump test shall be required for every 50 cubic yards of concrete except that a minimum of one (1) set of cylinders and slump test shall be required each day twenty (20) or more yards of concrete are placed at a project site. The maximum allowable slump shall be 4 inches. A set of cylinders shall be composed of three (3) cylinders. The first cylinder of a set shall be tested after seven (7) days curing. The second cylinder of a set shall be tested after 28 days curing. The third cylinder shall be held in reserve and tested if directed by the Construction Manager. The test results will be forwarded
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to the Construction Manager for review. The Construction Manager shall receive a concrete vendor slip for each truck load of concrete delivered to the project site. h) An A.C. mix design and concrete mix design shall be submitted for the review and approval of the Construction Manager during the submittal process. i) Geotechnical testing is required for the granular sand during the submittal process per the Technical Conditions contained within this document.
j) Geotechnical testing is required for the Class 2 Base during the submittal process per the Technical Conditions contained within this document.
The Contract lump sum (LS) price paid for Geotechnical and Material Testing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in the required testing as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
7. ASPHALT CONCRETE
The work under this item shall include the placement of new asphalt concrete pavement.
Contractor shall grade and compact the existing subbase material to a minimum of 90 percent of ASTM DI 557 maximum dry density in 6 inch maximum lifts.
Contractor shall install 13 inch thickness of aggregate base compacted to a minimum of 95 percent of ASTM D1557 maximum dry density. Aggregate base shall conform to Caltrans Class 2 (3/4 inch maximum).
Contractor shall install 4" thickness, in a maximum of 2.5 inch lifts, of Asphaltic Concrete compacted to a minimum of 95% of the HVEEM Density (CAL 304/308). Asphaltic concrete shall conform to Caltrans, ¾-inch HMA TYPE A-PG70-10 (5% voids) conforming to Caltrans Section 39 (with current CEM 3513).
Tack coat for vertical joints shall be uniformly applied as two coats SS-lh applied uniformly at
0.64 liter per square meter (.20 gal/SY) each coat.
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8. POLYMER MODIFIED SLURRY SEAL AND CRACK TREATMENT
The work under this item shall include crack treatment and polymodified slurry seal of existing asphalt pavement. Cracks shall be pressure blown free of debris and sealed with Polymer Modified asphalt rubber crack sealant.
Materials:
All joints and singular cracks between one-quarter(¼) inch and one and one-half (2½) inches in width shall be filled with Crafco Polyflex III or approved equal. Filler shall be within one-eighth (1/8) inch below and flush with existing pavement surface and shall be thoroughly squeegeed, as necessary, to attain this result.
Materials for Emulsion-Aggregate Slurry shall conform to Subsection 203-5 and 302-4 of the GreenBook, except as modified herein.
SECTION 203-5 - RUBBERIZED EMULSION-AGGREGATE SLURRY
203-5.1 General
Emulsion-aggregate slurry shall be polymer modified.
203-5.2 Materials
Emulsion - aggregate slurry shall be Type II, unless otherwise indicated on the plans, bid schedule or in these specifications. The amount and type of accelerator or retardant used shall be approved by the Engineer, and shall provide for curing sufficiently to support traffic within two (2) hours.
Emulsified asphalt shall be CQS-lh.
Prior to the time of delivery of each shipment of asphalt emulsion, the Contractor shall deliver to the City certified copies of the test report for that emulsion. The test report shall indicate the name of the vendor, type and grade of asphalt emulsion, date and point of proposed delivery, quantity, purchase order number and results of the specified tests. The test report shall be signed by an authorized representative of the vendor, shall certify that the product delivered conforms to the standard specifications and is compatible with the proposed aggregate. Testing shall be accomplished by an accredited materials testing laboratory approved by the Engineer.
Prior to a change of emulsion, the Contractor shall thoroughly clean all emulsion tanks and mixing units to prevent any chemical reaction between the two (2) emulsions.
The Contractor shall schedule and coordinate the delivery of aggregate to the stockpile(s) such that (1) deliveries originate at the plant and arrive at the stockpile site within normal work hours on the same calendar day, (2) delivery site and project name are explicitly stated on each delivery ticket, (3) successive deliveries on the same calendar day show the cumulative total for that day, (4) copies of all delivery tickets are delivered to the Engineer before the end of the working day,
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whereas any delivery tickets not so delivered may be rejected by the Engineer. Any deviation from this process must have the prior approval of the Engineer. 203-5.2.1 Polymer Modified Emulsion. Polymer modified emulsion-aggregate slurry shall conform to Table 203-5.2.l(A).
Asphalt emulsions shall be composed of a paving asphalt base uniformly emulsified with water and an emulsifying or stabilizing agent. Polymer modified asphalt emulsions shall also contain a polymer.
The asphalt emulsion shall be homogeneous. Within thirty (30) days after delivery and provided separation has not been caused by freezing, the asphalt emulsion shall be homogeneous after thorough mixing. The polymer used in the manufacture of polymer modified asphaltic emulsion shall be, at the option of the Contractor, either neoprene, ethylene vinyl acetate or a blend of butadiene and styrene.
The emulsion supplier shall certify that the asphalt residue contains at least two and onehalf (2½) percent polymer (dry weight) and that the polymer has either been added as a solid polymer to the base asphalt, or has been added in the form of a latex at the time of emulsion manufacture.
Polymer modified emulsified asphalt shall be kept in a suspended state by an agitating mixer operated every three (3) days.
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203-5.6 Test Reports and Certification. A certification of compliance shall be provided at least forty-eight (48) hours prior to delivery of emulsion to the project.
Testing shall be accomplished by an accredited materials testing laboratory approved by the Engineer. Tests performed shall provide values corresponding to all parameters set forth in the table of requirements for the materials specified.
Construction Requirements:
Crack sealing shall be limited to linear cracks, thermal cracks and block cracks. In no case shall alligator cracks be crack filled.
An alligator crack shall be considered to be a crack not meeting the definition of block crack and that that is located in the traffic wheel path.
A block crack shall be considered to be a crack on the perimeter of an otherwise uncracked asphalt pavement area when the largest dimension across said area four (4) feet or more. Cracks not fully interconnected in forming a complete perimeter shall be considered block cracks, unless the maximum dimension across the partial perimeter between cracks can be measured as less than four (4) feet. Such pavement area is defined by the cracks forming its perimeter. 300-4.1 The Contractor shall spray all weeds in cracks with Monsanto brand Roundup (or
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approved equal), a minimum of two (2) weeks prior to paving. All weeds shall be resprayed if rain occurs within forty-eight (48) hours after application; 300-4.2 All cracks and holes with weeds shall be routed clear to a depth of one (1) inch; 300-4.3 All holes and cracks exceeding one and one-half (1½) inches wide shall be filled with asphalt concrete approved for skin patch compacted level with the top of the existing pavement;
300-4.4 All cracks and joints one-quarter (¼) inch or greater in width shall be blown thoroughly clear with high pressure air or power broomed clean to a depth of three-quarters (¾) inch minimum immediately ahead of the crack filling operation.
Any crackfiller in excess of that specified at any point on the pavement after crackfiller has cooled shall be heated with a torch and thoroughly squeegeed to meet specifications. Crackfiller that becomes unbonded shall be removed, and the lack of bonding shall be considered evidence that the crack was not thoroughly blown clean, thereby requiring recleaning, refilling and squeegeeing.
Crackfiller material shall be allowed to cure for thirty (30) days prior to being covered by slurry or Fog Seal applications.
302-4 SLURRY SEAL SURFACING
302-4.1 General. After application, slurry shall be rubber tire rolled in all areas. The work to be done consists of furnishing all plant, labor, materials, tools, equipment and services necessary for the application of emulsion-aggregate slurry upon designated ARAM street surface areas.
302-4.2 Mixing
302-4.2.1 General. Transit mix trucks shall not be used.
The Contractor shall arrange with the City for appropriate areas for stockpiling and batching. The stockpile areas shall be thoroughly cleaned, removing all excess material and all material contaminated by spilled oil and left with a neat, orderly appearance upon completion of slurry operations in that area. Stockpiles shall be covered as necessary to prevent contamination by all materials including excessive moisture. No equipment or materials shall be stored in the public right-of-way.
The Contractor shall be responsible for all stockpiling and batching materials and equipment.
All trucks which the Contractor proposes to use that exceed the legal load limit will be required to have overweight permits from the City.
Loaders used to load spreader trucks shall be equipped with functioning weighing devices with weight read-outs. The weight of each loader bucket added to a spreader truck shall be logged in writing by Contractor's personnel after each bucket load.
Prior to the beginning of slurry operations, the Contractor shall furnish, at no cost to the
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City, a current licensed weigh master's certificate indicating the net weight capacity of the aggregate bin.
The Contractor shall supply the Engineer with licensed weigh master's certificates of weights for all aggregate delivered to the job during the course of each day. Aggregate so certified as being delivered for use in the Contract shall be used only in the slurry mixture for the Contract. The Contractor shall also present weigh master's certificates for the amount of such aggregate remaining unused at the completion of the contract at no cost to the City. Payment shall be determined by deducting the amount of unused aggregate from the total amount of aggregate delivered, all as shown on the licensed weigh master's certificates. The certificates shall be presented to the Engineer on the same day the aggregate is delivered.
Water (excluding that water in the emulsified asphalt) shall be added at a rate of from five (5) to ten (10) percent by weight of dry aggregate to ensure proper dispersion of the emulsified asphalt and proper workability, while (1) avoiding excess water which would allow separation and settlement of the aggregate, (2) avoiding insufficient water which would result in balling and coagulation in the mixer, and (3) permitting uncontrolled vehicular traffic as specified herein. The exact rate will be determined by the Contractor based upon field conditions subject to approval of the Engineer. 302-4.2.2 Continuous-Flow Mixers. The mixing unit shall be equipped with a fines feeder for addition of accelerator.
The spreader box shall be equipped with a suitable drag to erase ridges. A minimum two (2) foot length of burlap material shall be attached to the entire width of the drag. The spreader box shall be equipped with a steering device.
The slurry spreader box shall be maintained in a good state of repair at all times. The spreader box main strike off squeegee (rubber) shall be new at the beginning of the Contract and shall be maintained in a good state of repair throughout the Contract.
Equipment shall be available for inspection before the beginning of the Contract and again before work is to be accomplished.
302-4.3 Application
302-4.3.1 General. The first paragraph of Subsection 302-4.3.1 of the Standard Specifications is hereby deleted and replaced with the following:
The work shall consist of preparation, mixing asphaltic emulsion, aggregate, accelerator and water, and spreading the mixture on the pavement where shown on the plans. Type II slurry shall be applied at a rate yielding a minimum twelve hundred (1,200) square feet per extra long ton.
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Actual spread rates shall be approved by the Engineer.
302-4.3.1.1 Preparation
Slurry shall not be applied over any manhole, valve, survey monument or miscellaneous frames and covers. Any material used to protect such devices shall be removed and disposed of lawfully by the Contractor.
302-4.3.2 Spreading. The first sentence of Subsection 302-4.3.2 is hereby deleted and replaced with the following:
Slurry seal shall be placed only when the ambient temperature is above fifty (50) degrees and rising. No slurry will be placed during inclement weather or the threat of. The Contractor will bear the responsibility of that may arise from noncancellation.
Each slurry crew shall be composed of a coordinator at the project site at all times, a competent quick-set mixing worker, a competent driver, and sufficient laborers for any handwork and cleanup.
Prior to commencement of work, the Contractor shall perform test sections for review and approval by the Engineer. The area of the test sections shall be at least five thousand (5,000) square feet. The section locations shall be in the area of the work, to be specified prior to construction. In no case will the Contractor begin operations until the test sections have adequately cured and he has received written approval by the Engineer. The approved mix design and test section shall be considered the standard for the operation.
No slurry seal shall be placed on a wet street or crossing without the Engineer's consent.
Intersections and commercial driveways shall be completed in two (2) parts to allow ingress and egress to traffic. Sand may be spread over the fresh slurry only with the permission of the Engineer.
All slurried streets shall be fully swept five (5) to eight (8) days after slurry is complete, with residual material removed to a legal disposal site.
The cost of cleanup and/or damage caused by vehicles tracking through the slurry seal will be born solely by the Contractor.
302-4.3.2.1 Rubber Tire Rolling. Rolling shall be performed with two (2) complete coverages by a twelve (12) ton nine (9) wheel rubber tired roller with a tire pressure of fifty (50) psi. Rolling shall be performed after slurry and as soon as it sets up enough to support the roller and not pick up on the tires.
Areas of shade on the pavement that set up more than ten (10) minutes later than other areas shall be rolled separately, but as soon as they set up sufficiently to meet
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the requirements herein. Insufficient rubber-tire rollers to meet these requirements shall be cause for termination of slurry operations until rolling can keep pace with slurry spread.
302-4.4 Public Convenience and Traffic Control. The spreading schedule shall list the streets in order of proposed application and denote which streets are to be completed each day.
Traffic control with ample barricades, flaggers, standard regulatory and warning signs (no parking signs, etc.) shall be provided to protect the uncured slurry surface from all types of traffic. Any damage to the uncured slurry is the responsibility of the Contractor.
Traffic control plan shall be submitted to and approved by the City's Director of Public Works prior to commencing work. The Contractor's work will be done on successive adjacent streets during the same day of the operation. Adequate means shall be provided to protect the slurry seal from damage by traffic for a minimum of four (4) hours of application or until such time that the mixture has cured sufficiently so that the slurry seal will not adhere to and be picked up by tires of vehicles.
Temporary "No Parking" signs shall be posted at least two (2) business days in advance of the work. The signs shall be placed no more than one hundred (100) feet apart on each side of the street and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs, removal of the signs, and furnishing and placing of barricades, if necessary, for posting of the signs. All signs shall be removed within forty-eight (48) hours after the effective date.
The Contractor shall provide barricades and other traffic control devices as necessary to eliminate traffic on areas of fresh slurry that might sustain damage from such traffic. Any tracking of slurry seal on private property will be the responsibility of the Contractor to correct. The Contractor shall sweep the streets for five (5) consecutive days after application of the slurry.
Slurry seal shall not be spread on the trash pickup day of each respective street.
Temporary striping devices shall be provided on all lane lines covered by slurry.
Method of Measurement:
Crack Cleaning/Filling and Slurry Seal will be measured by the unit of square feet.
Basis of Payment:
The accepted quantity of “TYPE II POLYMODIFIED SLURRY SEAL”, measured as provided above, will be paid for at the contract unit price per square feet, which price shall be full compensation for the work, complete in place, including all materials for the crack filling, herbicide and application, related street cleaning, emulsion, polymer as specified, accelerator or retardant and water, and all preparation, traffic control, rubber tire rolling where required and other incidentals described in the work and no additional compensation will be provided thereafter.
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9. CONCRETE, MORTAR, AND RELATED MATERIALS
201-1.1 General
ADD THE FOLLOWING PARAGRAPH:
The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmasters certificate for each load of PCC delivered to the project. PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site.
201-1.2 Materials
ADD THE FOLLOWING PARAGRAPHS:
Except as otherwise specified, all PCC used on this project shall have a minimum 6 sacks per cubic yard of concrete (4,500 psi) Type V Portland Cement with a maximum water/cement ratio of 0.45 by weight.
Concrete shall have 100% coverage of a curing compound.
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10. EARTHWORK
SECTION 300 of the Green Book-EARTHWORK IS AMENDED AS FOLLOWS:
300-1
300-1.1
Clearing and Grubbing
General
ADD THE FOLLOWING PARAGRAPHS:
Along with all items indicated on the Plans to be removed, clearing and grubbing shall also include, but not be limited to, the following items:
a) Clearing for and providing temporary graded driveways and continuing maintenance thereof to provide continuous access to all residences and businesses within the project area as directed by the Engineer. b) Sawcutting of Portland Cement Concrete and asphalt concrete to neat straight lines at joints and right of way limits or as designated on the plans. There is no separate pay item for sawcutting.
c) Protection of existing and relocated utility lines and structures prior to and during construction of proposed improvements.
d) Removal and disposal of interfering portions of abandoned utility lines and structures.
e) Removal, relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items.
f) Removal and disposal of any additional items not specifically mentioned which may be found within the work limits.
g) Maintenance of project appearance.
h) Control of water and dewatering during construction. i) Hauling and disposal of deleterious materials resulting from clearing and grubbing operations at a site obtained by the Contractor and approved by the Engineer.
j) Cleanup of project area upon completion of work.
k) Removal existing signs as noted on the plans and as directed by the Engineer
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l) Self-propelled drop hammers will not be allowed for removals. m)
The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of work to be done under the Contract in accordance with Sections 7-9 and 300-1 of the Standard Specifications. This item shall also include those structures and facilities which the Plans show or these Specifications indicate to be protected. Any structure or facility to be protected which is damaged as a result of the Contractor shall be repaired or replaced at his cost, to the satisfaction of the Engineer.
300-1.3 Measurement
ADD THE FOLLOWING PARAGRAPH:
All materials removed shall be disposed of outside of the right of way at a legal dump site approved by the Engineer. Burning shall not be permitted under any circumstance. No accumulation of flammable material shall remain on or adjacent to the right of way. The roadway and adjacent areas shall be left with a neat and finished appearance.
300-1.4 Payment
DELETE THE FIRST PARAGRAPH AND SUBSTITUTE THE FOLLOWING:
The lump sum set forth in the Contract Documents for “CLEAR AND GRUBB” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in clearing and grubbing as shown in the Plans and as described in the Contract Documents, and as directed by the Engineer, including preservation of property, relocation of various facilities, removal and disposal of material, salvage of material, cleanup and repairs. Payment shall be computed in accordance with the percentage of completion of the major items of work.
300-2
300-2.1
Unclassified Excavation
General
REVISE THE SUBSECTION TO READ:
Unclassified excavation shall consist of all excavation, including the removal of existing roadway asphalt pavement and base materials in areas shown on the Plans or as directed by the Engineer.
300-2.9 Payment
ADD THE FOLLOWING PARAGRAPH:
Quantities of unclassified excavation used for payment, other than unsuitable
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material and additional work ordered or deleted by the Engineer, shall be the quantity indicated in the awarded Contract and Plans and no further compensation will be awarded.
300-4
300-4.1
Unclassified Fill
General
ADD THE FOLLOWING PARAGRAPH:
All remaining excess materials not used on the project for fills, embankments and roadbed purposes shall be disposed of by the Contractor according to Subsection 300-2.6 of the Standard Specifications.
300-4.9 Measurement and Payment
ADD THE FOLLOWING PARAGRAPH:
Quantities of Unclassified Fill used for payment, other than additional work ordered or deleted by the Engineer, shall be the quantity indicated in the Contract.
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11. CONCRETE AND MASONRY CONSTRUCTION
Concrete shall conform to Subsection 303 of the GREENBOOK, except as modified herein.
SECTION 303 IS AMENDED AS FOLLOWS:
303-1
303-1.12
Concrete Structures
Payment
ADD THE FOLLOWING PARAGRAPH:
Payment for concrete structures shall include full compensation for excavation, structural excavation, disposal of excess dirt, backfill, concrete, forming, and reinforcing, complete and in place and no additional payment will be made therefor. 303-5
303-5.1.1
Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways
General
ADD THE FOLLOWING:
When removals of curb and/or sidewalk are located at curb return, the Contractor shall install access ramps. The Contractor is to construct all access ramps in accordance with American Disability Act ("ADA") Standards/California Code of Regulations Title 24 - Accessibility Regulations. If the ramps constructed by the Contractor are found to be in non-compliance with ADA Standards, the Contractor will be required to remove and replace the ramps to ADA Standards at the Contractor's expense.
No PCC shall be ordered and/or placed until the forms and subgrade have been inspected and approved by the Engineer in the field.
303-5.3 Placing Concrete
ADD THE FOLLOWING:
All temporary storage of PCC liquid residues and mixer wash out on the project site shall be deposited within a self-containment area or bin. The Contractor may elect to allow the moisture to evaporate and dispose of the material as a solid or dispose of the material as a liquid. The Contractor shall notify the Engineer in
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writing, as a preconstruction meeting submittal, what method of disposal will be utilized.
If disposal of the material in liquid form is chosen, the Contractor must provide in writing, as part of the preconstruction meeting submittal, the name, location, telephone number, and a copy of the California Regional Water Quality Control Board permit for disposal of PCC liquid residue, or if the disposal site is located outside of the State of California, a copy of a permit issued by that state is required.
The Engineer will verify the information before the Notice to Proceed is issued.
All PCC and related work, including grading and forming, shall be suspended if the Contractor does not have a PCC liquid residue or mixer wash out containment area or bin on site one (1) working day before the scheduled placement of PCC. The Contractor will not be allowed any additional compensation or extension of time for suspended operations due to not having a containment area or bin on site. The containment area or bin shall have sufficient room for two (2) days deposit of material.
The Contractor shall provide the Engineer with a copy of the landfill receipts or disposal site receipt and weight ticket showing disposal of PCC liquid residues and wash out within five (5) working days of disposal.
303-5.4.3 Weakened Plane Joints, (a) General
ADD THE FOLLOWING:
All weakened plane joints shall be spaced at a maximum of three (3) m (ten (10) ft.) for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing.
303-5.5.2 Curb
ADD THE FOLLOWING:
The curb and gutter surface shall not vary more than three (3) mm (one-one hundredth (0.01) ft.) from three (3) m (ten (10) ft.) straightedge except at the grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than three (3) m (ten (10) ft.) in length, and operated longitudinally over the surface of the concrete. Form clamps shall be so constructed as not to interfere with the operation of the float. In no event shall forms be removed while the concrete is sufficiently plastic to slump. The top and face of the finished curb shall be true and straight and top surface of curbs shall be of uniform width, free from humps, sags, blemishes or other irregularities. 303-5.5.3
ADD THE FOLLOWING:
The sidewalk surface shall not vary more than five (5) mm (two one-hundredths
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(0.02)') from the three (3) m (ten (10)') straightedge except at grade changes, and the finished surface shall be free from humps, sags, blemishes or other irregularities. All sidewalks shall be a minimum of one hundred (100) mm (four (4)") thick, except at driveways where the sidewalks shall be a minimum of one hundred fifty (150) mm (six (6)") thick for single family residential areas and two hundred (200) mm (eight (8)") thick for all other areas. 303-5.6 Curing
ADD THE FOLLOWING:
Curing compound shall be translucent with red fugitive dye, Type 1, in accordance with Section 201-4, "Concrete Curing Compound," of the Standard Specifications.
In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after one o'clock (1:00) p.m., unless otherwise authorized by the Engineer in the field.
The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed.
Grading, patching or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut.
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12. TRAFFIC STRIPING, PAVEMENT MARKINGS, AND PAVEMENT MARKERS Traffic striping, pavement markings and pavement markers shall be replaced with the new pattern as shown on plans and in conformance with these Special Provisions.
All details and dimensions for traffic striping and marking shall conform to the 2022 CALTRANS Standard Specifications, and Latest CAMUTCD. All traffic striping within the vehicular path of travel shall be thermoplastic.
12.01 Layout, Alignment, and Spotting. The Contractor shall furnish the necessary control points for all striping, markers and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.
The Contractor shall supply the Engineer with a copy of a complete inventory of striping, markers and marking prior to any cold milling or installation of any material. For each stripe, marker and marking, the inventory shall include sufficient definition about type of marker, stripe or marking and dimensions for control points to allow for accurate reestablishment.
In no case shall any section of street be left without the proper striping for more than fortyeight (48) hours or over weekends or holidays.
12.02 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS-IN THE GREEN BOOK IS AMENDED AS FOLLOWS:
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
314-5 PAVEMENT MARKERS.
DELETE THESE SECTIONS AND SUBSTITUTE THE FOLLOWING:
Painted traffic stripes (lane lines and speed limit markings) and applying thermoplastic pavement markings (word and symbol markings, limit lines, crosswalk, etc.) shall conform to the provisions in Section 84, "Traffic Stripes and Pavement Markings," of the State of California Standard Specifications and these Special Provisions.
The subparagraphs of the first paragraph in Section 84-3.02, "Materials," of the State of California Standard Specifications are amended to read:
State Specification
No.
Rapid Dry Water Based, Traffic Line. – White, Yellow and Black PTWB-01 The second and third paragraphs in Section 84-3.02, "Materials," of the State of California
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Standard Specifications are amended to read:
State Specifications for traffic paint and glass beads may be obtained from the Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819- 4612, telephone number (916) 227-7289.
Glass beads shall conform to 1-ACOT type beads or equal.
The Contractor shall layout and "cat-track" the alignment of the proposed striping at four and one-half (4½) m (fifteen (15) ft.) intervals and "spot" the proposed pavement markings as called for on the Plans. Striping shall vary no more than twelve (12) mm (two (2) in) in fifteen and two-tenths (15.2) m (fifty (50) ft.) from the specified alignment. The Engineer may waive minor variations.
The Contractor shall not proceed with the painting of any striping or applying thermoplastic pavement markings until the Engineer has checked and approved the cat- tracking and spotting, and has authorized the Contractor to proceed.
Traffic striping shall be applied with airless equipment. All traffic striping shall be performed with a road liner type striping machine. Where the configuration or location of a traffic stripe is such that the use of a road liner type striping machine is unsuitable, traffic paint and glass beads may be applied by other methods and equipment approved by the Engineer. The Engineer shall determine if the road liner type striping machine is unsuitable for a particular use.
The first coat of paint shall be applied upon completion of the surfacing. The second coat of paint shall not be applied until seven (7) calendar days after the first coat. Each coat of paint shall be applied at the wet film thickness of ten (10) - twelve (12) mils for white and yellow paint and seven (7) mils for black paint. All paint shall be applied at a relative humidity below seventy-five percent (75%) and an ambient temperature above thirteen (13)° Celsius (fifty-five (55)° Fahrenheit), unless otherwise approved by the Engineer.
Except for black paint, No. 1 reflective glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the paint. The glass beads shall be embedded in the coat of traffic paint being applied to a depth of at least one-half(½) their diameters. The reflective glass beads shall be applied to the first coat of paint at the rate of seven-tenths (0.7) kg (one and one-half (1½) lb.) of beads per liter (twenty-six one hundredths (0.26) Gal) of paint, and to the second coat of paint at the rate of ninety-five one hundredths (0.95) kg (two (2) lb.) of beads per liter (twenty-six one hundredths (0.26) Gal) of paint.
Except as otherwise noted on the Plans or as directed by the Engineer, all angle points, as shown on the striping Plans shall be painted as a smooth, tangent curve with a radius and length as approved in the field.
Temporary tape or reflective markers utilized for the purposes of interim delineation for centerline, lane lines and crosswalk lines shall be placed to the side of the final striping
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pattern in such a way so that it will not interfere with the first coat of paint. All temporary tape and reflective markers applied for the purpose of interim delineation shall be removed by the Contractor at no additional cost to the City upon completion of the first coat of striping and prior to the final striping.
Stencils used for pavement markings must conform to the latest Caltrans approved NonMetric Stenciling Standards.
Add to Subsection 84-1.04, "Protection from Damage," of the State of California Standard Specifications the following:
Newly painted or existing striping or applied thermoplastic pavement markings which are damaged as a result of the construction, including wheel markings by public traffic and the construction equipment, shall be repainted or thermoplastic replaced, and any associated removals shall be performed as outlined in these Special Provisions at the sole expense of the Contractor and no separate compensation will be allowed therefore.
Existing traffic striping and pavement markings that do not conform to the approved Plans shall be removed by wet sandblasting. Other methods may be requested by the Contractor, but shall be submitted in writing to the Engineer for approval. Blackout of existing traffic striping or pavement markings, which do not conform to the approved Plan, shall not be allowed.
Painting traffic stripes and applying of thermoplastic pavement markings shall not be separately measured.
The Contract lump sum (LS) price paid for “REMOVE EXISTING STRIPING VIA WET SAND BLASTING” and contract unit price (SF) for “STRIPING” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in painting traffic stripes and applying thermoplastic pavement markings including establishing alignment for stripes, layout work and sandblasting markers, complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
PAVEMENT MARKERS
Pavement markers shall conform to the provisions in Section 81-3, "Pavement Markers," of the State of California Standard Specifications and these Special Provisions.
Certificates of compliance shall be furnished for pavement markers as specified in "Prequalified and Tested Signing and Delineation Materials," elsewhere in these Special Provisions.
Reflective pavement markers shall comply with the specific intensity requirements for reflectance after abrading the lens surface in accordance with the "Steel Wool Abrasion Procedure," specified for pavement markers placed in pavement recesses in Section 85-
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1.05, "Reflective Pavement Markers," of the State of California Standard Specifications.
Non-reflective pavement markers shall conform to the requirements of the Section 85-1.04, "Non-Reflective Pavement Markers," of the State of California Standard Specifications.
The bituminous adhesive used to install the markers shall be a hot melt bituminous adhesive asphaltic material with a homogeneously mixed mineral filler and shall conform with the requirements specified in Subsection 85-1.055, "Adhesives," of the State of California Standard Specifications.
Reflective pavement markers shall be installed per the approved Plan unless otherwise approved by the Engineer. The composition of the material shall be such that its properties shall not deteriorate when heated to, and applied at temperatures up to two hundred eighteen (218)° Celsius (four hundred twenty-five (425)° Fahrenheit), using either air or oil jacketed melters.
Reflected pavement markers shall be placed at locations as established by the applicable Caltrans striping detail noted on the approved striping Plan which includes, but is not limited to temporary painted line(s), new striping or existing striping. There shall be one marker for each location. The Contractor shall perform all work necessary to establish satisfactory locations for markers.
The Contractor shall remove existing reflective pavement markers that do not conform to the approved Plan.
Reflective pavement markers shall be of the prismatic reflector type (3M model white RP290w and yellow RPM 2912y or equal) as outlined in Subsection 85-1.05, "Reflective Pavement Markers," of the State of California Standard Specifications.
Existing pavement markers (blue) designating location of the fire hydrants shall be replaced "in kind" after the paving is completed.
The Contract unit price paid for “STRIPING” shall include pavement markers and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing pavement markers complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer.
Full compensation for pavement markers (traffic delineation) shall be considered as included in the Contract unit (SF) price paid for “STRIPING” and no additional compensation will be allowed therefore.
13. NOT USED
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14. COOPERATION
Attention is directed to Sections 2.4, "Cooperation and Collateral Work" and 402, "Utilities" of the Standards Specifications.
15. SANITARY ARRANGEMENTS
The Contractor shall make provisions for and maintain in a sanitary manner at the work site all necessary and sanitary conveniences for the workmen, in accordance with the rules and regulations of the State Board of Health.
16. ACCESS
The Contractor's attention is directed to the existing pedestrian and vehicular access ways crossing the lines of work. These access ways shall not be closed unless an alternate access way is provided.
The Contractor shall assume full responsibility for providing alternate access. The compensation for the work in this item shall be considered as included in the cost of the various contract items of work and additional compensation will be made therefore.
17. INSURANCE
The Contractor's attention is directed to the amount of insurance as shown in the General Conditions.
18. CONSTRUCTION CONFERENCE
The Contractor's attention is directed to the preconstruction conference as stated in General Conditions.
19. EXISTING IMPROVEMENTS
The Contractor shall make every effort to protect all existing improvements and facilities from damage during the progress of his work. No trees, planters, walks, shrubs, signs, fences or other such facilities shall be removed except as shown or called for on the plans or unless specifically authorized in writing by the Engineer. The Contractor shall be held responsible for the care and preservation of the present premises and of adjacent premises and coterminous property. Any parts of them which are injured, damaged or disturbed because of his work shall be repaired, replaced or cleaned by him at his expense.
The Contractor shall apply either water and/or dust palliative for the alleviation or prevention of dust nuisance and damage originating from the Contractor's operation.
20. MAINTENANCE CALLOUTS
Any expense for maintenance call-outs by the City's traffic signal maintenance personnel resulting from the Contractor's operations and construction of this project shall be borne by the Contractor.
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21. WARRANTIES, AND GUARANTEES
Warranties, and guarantees shall conform to the provisions in Section 5-1.47, "GUARANTEE" of the State Standard Specifications and these Special Provisions.
Completed work shall be guaranteed to the City by the Contractor for a period of not less than twelve (12) months following the date of acceptance thereof. Where Contractor-installed equipment and/or facilities are damaged prior to final acceptance by the City, the Contractor shall repair or replace such equipment and/or facilities at his/her own expense.
22. STORAGE OF MATERIALS
The site of work shall be maintained clean at all times. Excavated material shall be loaded directly and hauled away from job site for disposal at the Contractor's expense. The Contractor shall not store material on job site. Contractor shall store material at a site convenient to the job, off public ways, arranged and paid as a part of his Contract work.
23. VERIFYING, MARKING,
MONUMENTATION
AND RE-ESTABLISHING SURVEY
Prior to work, the Contractor shall locate all survey monuments and property comers within the areas of demolition, concrete and paving including obtaining records of survey monuments and property comers filed in the OFFICE OF THE COUNTY SURVEYOR OF IMPERIAL COUNTY for the extents of the project limits and all other areas that may be affected by the construction activities. Survey ties shall be performed to allow the Contractor to reset/reestablish survey monumentation and/or property markers. All work shall be done by a licensed Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California.
The contractor shall also provide a signed Certificate of Monument Preservation (ED-006) prior to work activities being conduct on site AND post construction comer record (if applicable) must be completed, accepted and filed in the OFFICE OF THE COUNTY SURVEYOR OF IMPERIAL COUNTY prior to the Notice of Completion.
The contractor shall also re-establish all survey monuments within the project vicinity as provided in the records filed in the OFFICE OF THE COUNTY SURVEYOR OF IMPERIAL COUNTY that were searched and not found to the satisfaction of the OFFICE OF THE COUNTY SURVEYOR OF IMPERIAL COUNTY prior to the Notice of Completion.
The Contract lump sum (LS) price paid for MONUMENT PRESERVATION CERTIFICATE shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals involved in verifying, marking, tying, re-establishment, research, filing and incidentals for survey monuments existing and previously destroyed, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
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24. CONSTRUCTION STAKING
The Contractor shall provide all staking and layout points for the establishment of street subbase grade and subgrade, flowline, native earth swale finish grade, native earth embankment, A.C. paving, P.C.C. infrastructures such as curb and gutter, driveway, sidewalk, storm drainage facilities, signage and striping, demolition layout work and miscellaneous items. The Contractor is responsible to engage a contract with a California-licensed Land Surveyor or Registered Civil Engineer authorized to practice land surveying to oversee the land survey work for this project.
The staking and demolition layout work to be provided by the Contractor is as follows:
A. Establish and verify horizontal control/baseline and vertical control for the project. If there are any discrepancies found, notify the Design Engineer immediately.
B. The demolition layout shall be completed by painting the demolition lines along the pavement areas for sawcutting and grinding. Demolition layout lines in native earth areas shall be established with hubs and lath placed at 25 feet on center and at all angle points along the demolition line. Cut and fill vertical distances from the hubs to the native finish design grade will be established.
C. Install offset hubs at an offset distance determined by the Contractor for the stormwater piping. Hubs shall be placed at 20 feet on-center, at beginning and ending points and at pipe fittings. Cut and fill vertical distances referenced from the top of hub to the pipeline flowline shall be prepared and issued to the Contractor.
D. Offset hubs shall be placed in-line with the exterior edges of the stormwater inlet structures at an offset distance determined by the Contractor. Cut and fill vertical distances as referenced from the hubs to the top of finish inlet structure design grade shall be prepared and issued to the Contractor.
E. Place offset hubs 25 feet on center along P.C.C. curb and gutter, end of curve radii, beginning of curve radii, ¼ and ½ delta angle points at curve radii and barrier curb or curb and gutter ending points at an offset established by the Contractor for the rough grading work required to establish subbase elevation grade for the P.C.C. curb and gutter, P.C.C. sidewalk, P.C.C. sidewalk drain, ramp, and A.C. paving. Cut and fill vertical distances from the hubs to the subbase design grade will be established.
F. Place offset stakes at an offset distance and location determined by the Contractor at the P.C.C. ramp, catch basins, sidewalk drains and other P.C.C. infrastructure after rough grading work has been accomplished. Cut and fill vertical distances as referenced from the offset stakes to the top of P.C.C. infrastructure elevation shall be established.
G. Place offset stakes at an offset distance and location determined by the Contractor for the traffic signal pole foundations and equipment for horizontal purposes.
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The construction staking shall be completed under the supervision of a Registered Civil Engineer or Land Surveyor licensed to practice land surveying in the State of California. Cut sheets shall be provided to the Contractor, Construction Manager/Resident Engineer and pertinent subcontractors within 24 hours after the completion of staking activities. Staking shall be established according to the control points as illustrated on the design plans. Staking shall be established at even stationing; i.e., 9+00, 9+25, 9+50, 9+75 and so on. The Contractor shall carefully preserve benchmarks, reference points, stakes and layout points, and in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by its unnecessary loss or disturbance.
25. CONSTRUCTION WATER SUPPLY
The Contractor may use City water through a water meter to be provided by the City contingent upon a non-refundable deposit of five hundred dollars ($500). Contractor shall be responsible for payment of water usage as billed by the City.
26. MAINTAINING EXISTING TEMPORARY ELECTRICAL SYSTEMS
Traffic signal system shutdown, if required, shall be limited to periods between the hours of nine (9:00) AM and three thirty (3:30) PM.
The Contractor shall place "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area Signs," of the Standard Specifications, except that the base material for the signs shall not be plywood.
Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each direction of traffic.
Location of the signs shall be as directed by the City Traffic Engineer.
Full compensation for furnishing, installing, maintaining, and removing temporary "STOP AHEAD" and "STOP" signs, and for covering signs not in use, shall be considered as included in the contract lump sum price paid for the “PREPARATION AND IMPLEMENTATION OF TEMPORARY TRAFFIC CONTROL PLAN” and not additional compensation will be allowed therefore.
All existing signal indications, pedestrian push buttons, detectors, and control equipment shall be maintained in operation at all times, except during shutdown hours as specified above.
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27. CLEANUP OF SITE
During the progress of the work, the Contractor shall keep the premises occupied by him in a neat, orderly and sanitary condition. He shall dispose of refuse as often as directed, or as may be necessary so that at no time shall there be any accumulation of rubbish, excavated material or equipment that will interfere with convenience or operation of materials so as to provide the minimum obstruction to traffic at all times.
Dirt, dust, mud, native earth material, sand, gravel, asphalt debris, cement debris and all other construction-related material shall be swept from the street areas in the vicinity of the project sites on a daily basis. The material shall be removed and disposed of by the Contractor. The street sections to be cleaned are within the street areas opened to traffic. The clean-up work shall be incidental to the specific "schedule" or "additive" mobilization cost.
28. EL CENTRO BUSINESS LICENSE
The Contractor and Subcontractors performing work on this project shall obtain a business license from the City of El Centro at 1275 W. Main Street, El Centro, California 92243, telephone number (760) 337-4508. The Contractor and Subcontractors shall contact the Building Department regarding the cost of the license and include the business license cost in the proposal.
29. AIR POLLUTION CONTROL DISTRICT REQUIREMENTS
The Contractor shall be required to comply with the County of Imperial Air Pollution Control District's requirements. County of Imperial Air Pollution Control District forms, requirements and information are available via the internet at https://apcd.imperialcounty.org/ The Contractor shall be responsible for completing, submitting and implementing the Construction Notification Form and Dust Control Plan as required by the Imperial County Air Pollution Control District. The Construction Notification Form. The Contractor shall be responsible to apply water to the construction work area on a daily basis to mitigate dust creation and provide all personnel, equipment and material to minimize dust at the project in conformance with the County of Imperial Air Pollution Control District requirements.
30. BMP INSPECTION AND MAINTENANCE
Inspection and maintenance are required for all BMPs (run-on control, and sediment control) to maintain effectiveness for reducing or eliminating the amount of sediment that leaves a site for the duration of the Project.
31. MATERIAL DELIVERY TICKETS
The Contractor shall provide material delivery tickets to the City for Class 2 Base, P.C.C. concrete, asphalt concrete, and similar items delivered to the project site. The material tickets shall be presented to the City immediately upon the material item arriving at the project site.
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32. POTHOLING
At least two working days (48 hours) prior to any potholing or excavating along 12th Street, the Contractor shall contact Underground Service Alert of Southern California at 811 for a Dig Alert I.D. Number. Section 4216/4217 of the Government Code requires a Dig Alert Identification number be issued before a "Permit to Excavate" will be valid.
The Contractor shall pothole all underground utilities which are shown on the Plans or marked in the field by utility owners as being within 5 feet horizontal distance from the edge of any planned excavation.
The Contractor shall pothole all utility crossings on public streets. The Contractor shall verify depth of all service utility crossings under sidewalk at a minimum of one hundred (100) foot intervals along each utility.
In the event obstructions not shown on the Plans are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the Agency's Authorized Representative shall have the authority to change the Plans and order the necessary deviation from the project planned line and grade.
The Contractor shall not make any deviation from the specified line and grade without approval by the Agency's Authorized Representative. Should any deviations in the line and grade be permitted by the Agency's Authorized Representative at the written request of the Contractor, any additional costs for pavement restoration, or other additional costs shall be borne by the Contractor.
Full compensation for potholing and refilling shall be considered as included in the price bid for “MOBILIZATION” and no additional compensation will be allowed therefor.
33. SOUTHERN CALIFORNIA GAS COMPANY
Contractor is subject to additional requirements that may be impose by Southern California Gas Co. during construction. Contractor must maintain 1' horizontal clearance between the existing gas mains and proposed street lights pole foundations. Gas mains must be exposed by hand prior to construction and protected in place.
If gas main is disturbed, the Contractor must contact Southern California Gas Company. Contact for SoCal Gas is Enrique Kiki Cuevas, 626- 816-0185.
34. AS-BUILTS
The Contractor shall maintain on the job site, a set of full-size black-line prints only, to which the Engineer shall have access at all times.
The Plans, Specifications, and other Contract Documents will govern the project. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in
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the Specifications, shall be as though shown or mentioned in both.
While it is believed that much of the project will be shown on the Plans or indicated in the Specifications, this does not warrant the completeness or accuracy of such information. The Contractor is required to submit to the Engineer "as-built" prints, prior to the City's accepting the installations. The prints shall indicate in red all deviations from the contract plans such as location number of fiber optic cable, pull boxes and runs, depths of conduit, number of conductors and other appurtenant work for future references.
The Contractor shall ascertain the existence of any conditions affecting the cost of the project which would have been disclosed by a reasonable examination of the site.
On these plans, the Contractor shall mark all as-built conditions, locations, configurations, and other details which may vary from the details represented on the original drawings. This master record of as-built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work.
In the case of those drawings which are superseded by final shop drawings, the as-built drawings shall be updated by indicating how those portions are superseded.
Upon completion of the work and prior to final acceptance, legible, as-built drawings shall be turned over to the Engineer in electronic format.
Payment
As-Built Plans shall be paid for as a part of the “MOBILIZATION” Item and shall include full compensation for all labor, materials, equipment and incidentals to provide a complete set of AsBuilt Plans as required in the Contract Specifications, and as directed by the Engineer, and no additional compensation will be made therefor.
35. SUBMITTALS
The Contractor shall submit the following shop drawings or submittal information to the Construction Manager/Resident Engineer for review and approval prior to commencing construction work at the project site. A total of six (6) sets of submittal documents shall be forwarded to the Construction Manager/Resident Engineer. Three (3) reviewed submittal documents shall be forwarded to the Contractor. This list is not intended to be all inclusive and the Construction Manager/Resident Engineer reserves the right to demand shop drawings and submittal information associated with any other items at its discretion.
1. A.C. mix design. The percent bitumen, sieve analysis, durability, resistance (Rvalue), aggregate gradation and all other standard parameters. The A.C. mix design shall meet the current Caltrans Standard Specifications. Mix Design is to be current within the last two (2) years.
2. Crack Filling Materials
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3. Slurry Seal Materials
4. Tack Coat
5. Class 2 Base gradation, durability, R-value and sand equivalent
6. Sand backfill gradation and sand equivalent
7. P.C.C. concrete mix design
8. Concrete curing compound
9. Truncated domes for the ADA compliant ramps
10. New signs and sign posts
11. Thermoplastic traffic paint for marking and traffic paint for striping
12. Retroreflective raised pavement markers
13. Traffic Control Signs, barricades, cones and devices including all items illustrated on the Traffic Control Plans
14. Grout
15. Retaining Wall, CMU and reinforcing bars materials
16. Reinforcing bars
17. Raised Median Cobbles to be used and Installation Process.
18. Street Light
19. Certificate of Compliance including Buy America Provisions
20. Caltrans LAPM forms and/or other documents required by the funding agency(ies)
21. Project Identity and Construction Signs
22. Construction Schedule
23. The letter designating the project superintendent
24. Schedule of Values
THE CONTRACTOR SHALL NOT INITIATE CONSTRUCTION UNTIL SUBMITTAL FOR ANY MATERIAL USE IS APPROVED BY THE ENGINEER. THE CONTRACTOR SHALL OBTAIN APPROVALS ON SUBMITTALS OF ITEMS.
36. CERTIFICATE OF COMPLIANCE VERIFICATION
Certificates of Compliance shall be submitted by the Contractor for selected construction items during the submittal phase in accordance with the governing agency's(ies') requirements and the Contract Documents. Prior to installing the preapproved construction items by the Certificates of Compliance, the actual items delivered to the project site shall be inspected, verified and approved by the Engineer. The Contractor shall not install the construction items unless the Engineer satisfactorily complete the inspection and verify the delivered construction items conform with the batch numbers, lot numbers and any other product data indicated on the previously submitted Certificates of Compliance for the construction items.
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37. SUBGRADE PREPARATION
The Class 2 Base beneath A.C. pavement and concrete infrastructure shall be placed to within ±0.02 feet of design subgrade prior to the placement of A.C. pavement or P.C.C. concrete. The Construction Manager shall field verify the subbase elevations in the field prior to the placement of Class 2 Base material. Placement of P.C.C. concrete or A.C. pavement shall not be allowed until the Construction Manager has approved the subgrade design grade. Prior to the Construction Manager's inspection of the subgrade, the Contractor shall establish bluetop hubs (stakes set to design subgrade) 25 feet on center along street sections. The stakes shall be established at the edge of pavement, centerline and hinge points/grade breaks across the street sections. Bluetop stakes shall also be placed at 25 foot stations along barrier curb and curb and gutter lines.
38. MOBILIZATION
Description:
Mobilization shall conform to the provisions in Section 9-3.4, "Mobilization" of the Standard Specifications (Greenbook). Mobilization includes expenditures for all preparation of work in operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies and incidentals to the project site, for the establishment of all facilities necessary for work on the project, and for all other work and operations which must be performed, and costs incurred prior to the beginning of work on the various contract items on the project site including the related demobilization costs anticipated at completion of the project.
Mobilization and Demobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:
a) Obtaining all permits, licenses, insurance, and bonds (performance and payment bonds). Providing copies to the Construction Manager/Resident Engineer; b) Moving onto the Jobsite all of Contractor's plant, material and equipment as required; c) Developing construction water supply;
d) Providing restroom facilities - two (2) gender-neutral units; e) Providing potable water facilities as specified. This includes a means by which all on site Contractor, Subcontractor or supplier personnel can wash their hands with soap.
It also includes providing potable drinking water to the construction personnel at the project site;
f) Pot-holing to verify the locations of the existing utilities within the limits of construction;
g) Submitting all required Subcontractor insurance certificates, bonds and contract agreements with subcontractors;
h) Paying Taxes and Freight;
i) Posting all CAL/OSHA required notices and establishment of safety programs; j) Having the Contractor's representative at the Jobsite full time; k) Furnishing of Construction Schedule, Contract Price Breakdown (Schedule of Values), Submittal Documents and Submittal Schedules;
I) Preparing and providing As-Built drawings;