Hughson City Council
July 27, 2026

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SECTION 3

AWARD AND EXECUTION OF CONTRACT
3-1.01 - General – The bidder’s attention is directed to the provisions in Section 3, “Award and Execution of Contract,” of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract.

Bidders may file a protest of the commended award of a contract. Protests may only be submitted by bidders who submitted a bid proposal for the Project. For a protest to be considered valid, the submittal must:
• be filed within three (3) business days of the bid opening date in writing with the City Engineer; • clearly identify the specific accusation(s) involved; • specify, in detail, the ground(s) and fact(s) supporting the protest; • and include all relevant and supporting documentation at the time of filing.

Upon submission of the complete protest package, if validated, the City will review the basis of the protest and all relevant information. The City will provide a written decision to the bidder within five (5) business days after the date of receival. The protestor may appeal the City Engineer’s decision to the City Council.

Bid protests are to be delivered to the following address:

City of Hughson
7018 Pine Street
Hughson California, 95326
The right is reserved to reject any and all proposals.

The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 60 days after the opening of proposals.

This period will be subject to extension for such further period as may be agreed upon in writing between the City and the bidder concerned.

All bids will be compared on the basis of the Engineer’s estimate of the quantities of work to be done. 3-1.02 - Contract Bonds – The Contractor will be required to execute the performance and payment bonds within fourteen calendar days from the date when the Notice of Award is delivered to the Contractor. The performance and payment bonds must each be in the amount of 100 percent of the Contract price with a corporate surety approved by the City and authorized to do business in the state where the Contract is to be performed. Failure to execute the bonds within the time specified shall allow the City to consider that the bidder has abandoned the Contract, in which case the check or bidder’s bond accompanying the proposal shall be the property of the City.

The bond covering performance shall be conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions, and agreements of the Contract. The bond covering payment shall be conditioned upon the prompt payment by the Contractor to all persons supplying labor and materials to be used in the performance of the Work. Such bond(s) shall also run in favor of any other person or entities required by law and shall be in the form(s) required by applicable statues, if any, and acceptable to City. Evidence of authority of any attorney, in fact, acting for the corporate surety must be provided in the form of a certificate as to his or her power of attorney and to the effect that it is not terminated and remains in full force and effect on the date of the bond.

The expense of such bond(s) shall be borne by the Contractor. If at any time a surety on such bond(s) becomes irresponsible or loses its right to do business in the aforementioned State, the City may require another surety, which the Contractor shall furnish within ten calendar days after receipt of written notice to do so.

The performance bond shall guarantee the repair of all damage due to faulty materials or workmanship provided or done by the Contractor. This guarantee shall remain in effect for a period of one year after the date of final acceptance of the job by the City.

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All alterations, extensions of time, extra and additional work, and other changes authorized by these specifications or any part of the contract may be made without securing the consent of the surety or sureties of the contract bonds. 3-1.03 - Execution of Contract – The contract shall be signed by the successful bidder and returned, together with the contract bonds, within 14 calendar days, after the bidder has received the Notice of Award. 3-1.04 - Failure to Execute Contract – Failure of the lowest responsible bidder, or the second lowest responsible bidder, to execute the contract and file acceptable bonds and certificates of insurance as provided herein within 14 calendar days, not including legal holidays, after such bidder has received notice that the contract has been awarded to them, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. 3-1.05 - Return of Proposal Guaranties – Within 10 days after the award of the contract to the lowest responsible bidder, the City will return the proposal guaranties, other than bidder’s bonds, accompanying such of the proposals as are not to be further considered in making the award. Retained proposal guaranties will be held until the contract has been finally executed, after which all proposal guaranties, except bidder’s bond and any guaranties which have been forfeited, will be returned to the respective bidders whose proposals they accompany.

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SECTION 4

SCOPE OF WORK
4-1.01 - Beginning of Work, Time of Completion and Liquidated Damages – Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," in Section 8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the Standard Specifications and these special provisions.

Within twenty days after the Effective Date of the Agreement, but before Contractor starts the Work at the site, a conference attended by Contractor, City, Engineer and others as appropriate will be held to discuss the preliminary construction schedule, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work.

The Contractor shall begin work within 30 calendar days after the contract has been approved by the attorney appointed and authorized to represent the City of Hughson, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed.

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 Engineer any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby; however, Contractor shall not be liable to City or Engineer for failure to report any conflict, error or discrepancy in the Contract Documents, unless Contractor had actual knowledge thereof or should reasonably have known thereof.

This work shall be diligently prosecuted to completion before the expiration of the contract time.

The Contractor shall pay to the City of Hughson the sum indicated in section 8-1.07 of these Special Provisions for each and every calendar day's delay in finishing the work in excess of the number of calendar days prescribed in the contract documents.
4-1.01B - Intent of Plans and Specifications – The intent of the plans and specifications is to prescribe the details for the construction and completion of the work which the contractor undertakes to perform in accordance with the terms of the contract. Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the contract in a satisfactory and workmanlike manner.
4-1.02 - Final Cleaning Up – Before final inspection of the work, the contractor shall clean up the work, material sites, and all ground occupied by them in connection with the work of all rubbish, excess materials, falsework, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition. Full compensation for final cleaning up will be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefor.
4-1.03 - Changes – Extra work means work which was not included in the Drawings or Specifications or in any bid Schedule. Extra work does not include any items for which a unit price was stated in the Bid even if the estimated quantity differs from the actual quantity. The City, without invalidating the contract, may order extra work or make changes in or deletions from the work and increase or decrease the Contract price accordingly. All such work shall be executed under the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such extra work or change. Before becoming effective, all Change Orders must be signed by all parties indicated on the change order form.

The value of such extra work or change shall be determined in one of the following ways:

A. By estimate and acceptance in a lump sum.

B. By any unit prices named in the contract or subsequently agreed upon.

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C. By Force Account
The contract price shall be adjusted by considering separately any work added and any work deleted. The Contractor agrees that he or she shall not be entitled to claim damages for anticipated profits on any portion of work that may be deleted. The amount of any adjustment for work deleted from the subsequent monthly pay estimates.

The City reserves the right to contract with any person or firm other than the Contractor for any or all extra work. 4-1.03B - Increased or Decreased Quantities – Increases or decreases in the quantity of a contract item of work will be determined by comparing the total pay quantity of such item of work with the Engineer’s estimate therefor.

If the total pay quantity of any item of work required under the contract varies from the Engineer’s estimate therefor by 25 percent, in the absence of an executed contract change order specifying the compensation to be paid, the compensation payable to the contractor will be a mutually agreed upon amount or will be determined by force account.
4-1.03C - Extra Work – New and unforeseen work will be classed as extra work when determined by the Engineer that such work is not covered by any of the various items for which there is a bid price or by combinations of such items. In the event that portions of such work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combination of such items, the remaining portion of such work will be classed as extra work.

The contractor shall do such extra work and furnish material and equipment therefor upon receipt of an approved contract change order or other written order of the Engineer.

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SECTION 5

CONTROL OF WORK

5-1.01 - Authority of Engineer – The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the contractor; and all questions as to compensation. Their decision shall be final, and he or she shall have authority to enforce and make effective such decisions and orders which the contractor fails to carry out promptly. The Engineer will not be responsible or have authority for job safety.

Job safety shall be the sole responsibility of the contractor. 5-1.02 - Plans and Working Drawings – The contract plans furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the contract plans shall be in writing.

The contract plans shall be supplemented by such working drawings prepared by the contractor as are necessary to adequately control the work. No change shall be made by the contractor in any working drawing after it has been approved by the Engineer.

Working drawings for cribs, cofferdams, falsework, centering and form work, and for other temporary work and methods of construction the contractor proposes to use, will be required. Such working drawings shall be subject to approval insofar as the details affect the character of the finished work, but details of design will be left to the contractor who shall be responsible for the successful construction of the work.

It is expressly understood, however, that approval of the contractor’s working drawings shall not relieve the contractor of any responsibility for accuracy of dimensions and details, or for mutual agreement of dimensions and details. It is mutually agreed that the contractor shall be responsible for agreement and conformity of their working drawings with the contract plans and specifications.

Full compensation for furnishing all working drawings shall be considered as included in the prices paid for the contract item of work to which such drawings relate, and no additional compensation will be allowed therefor. 5-1.03 - Differing Site Conditions
a. Contractor Notification:

Promptly notify the City’s Engineer if you find either of the following conditions:

1. Physical conditions differing materially from either of the following:
• Contract documents
• Job site examination

2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the information you relied on and the material differences you discovered.

If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer.

If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim.
b. Engineer’s Investigation and Decision
Upon your notification, the Engineer investigates job site conditions and:

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1. Notifies you whether to resume affected work

2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both
5-1.04 - Conformity With Contract Documents and Allowable Deviations – Work and materials shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans or indicated in the specifications. Although measurement, sampling, and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the plans and specifications, and their decision as to any allowable deviations therefrom shall be final. 5-1.05 - Coordination and Interpretation of Plans, Specifications, and Special Provisions – The specifications, plans, special provisions, contract change orders, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, and to describe and provide for a complete work.

Plans shall govern over these specifications; the special provisions shall govern over both these specifications and the plans.

Should it appear that the work to be done, or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the special provisions, or the plans, the contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the contract. In the event of any doubt or question arising respecting the true meaning of these specifications, the special provisions, or the plans, reference shall be made to the Engineer, whose decision thereon shall be final.

In the event of any discrepancy, between any drawings and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5-1.06 - Order of Work – When required by the special provisions or plans, the contractor shall follow the sequence of operations as set forth therein.

Full compensation for conforming to such requirements will be considered as included in the prices paid for the various contact items of work, and no additional compensation will be allowed therefor. 5-1.07 - Superintendence – The contractor shall designate in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the contractor. Said authorized representative shall be present at the site of the work at all times when work is actually in progress on the contract.

When work is not in progress, and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. 5-1.08 - Lines and Grades – See the Special Provisions for staking to be provided by the Engineer.

When the contractor requires such stakes or marks, he or she shall notify the Engineer of their requirements in writing, a reasonable length of time in advance of starting operations that require such stakes or marks. In no event shall a notice of less than two working days be considered a reasonable length of time.

The Contractor shall carefully preserve stakes and marks set by the Engineer. In case such stakes and marks are destroyed or damaged, they will be replaced at the Engineer’s earliest convenience. The contractor will be charged for the cost of replacement or restoration of stakes and marks. This charge will be deducted from any moneys due, or that may become due, the contractor under the contract. 5-1.09 - Inspection – The Engineer shall at all times have access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the specification, the special provisions, and the plans. All work done, and all materials furnished, shall be subject to their inspection and approval.

The inspection of the work or materials shall not relieve the contractor of any of their obligations to fulfill their contract as prescribed. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefor has been included in a progress estimate.

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Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the agency involved.
5-1.10 - Removal of Rejected and Unauthorized Work – All work which has been rejected shall be remedied, or removed and replaced by the contractor in an acceptable manner and no compensation will be allowed them for such removal, replacement, or remedial work.

Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer unauthorized work shall be remedied, removed, or replaced at the contractor’s expense.

Upon failure of the contractor to comply promptly with any order of the Engineer made under this Section, the City may cause rejected or unauthorized work to be remedied, removed, or replaced, and to deduct the costs from any moneys due or to become due the contractor.
5-1.11 - Equipment and Plants – Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the project.

Plants shall be designated and constructed in accordance with general practice for such equipment and shall be if sufficient capacity to insure the production of sufficient materials to carry the work to completion within the time limit.

The contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer shall remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plants.

The make, model number, and empty gross weight of each unit of compacting equipment shall be plainly stamped or stenciled in a conspicuous place on the unit. The gross weight shall be either the manufacturers rated weight or the scale weight.
5-1.12 - Character of Workers – If any subcontractor or person employed by contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the work. 5-1.13 - Final Inspections – Final inspection and acceptance of the work shall be made for the City by the Engineer.

Such inspection shall be made as soon as practical after the Contractor has notified the City in writing that the Work is ready for such inspection.
5-1.14 - LABOR NONDISCRIMINATION – Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 5-1.15 - PREVAILING WAGE – Attention is directed to Section 7-1.01A(2), "Prevailing Wage," of the Standard Specifications.

The general prevailing wage rates determined by the Director of the California Department of Industrial Relations, for the county or counties in which the work is to be done, are available at the following internet web site:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm

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The Federal prevailing wage rates as determined by the United States Secretary of Labor are available at the following internet web site:
http://www.wdol.gov/dba.aspx
If there is a difference between the wage rates predetermined by the Secretary of Labor and the wage rates determined by the Director of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. 5-1.16 - NOT USED
5-1.17 - REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES – When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing.

In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard Specifications.
5-1.18 - SUBCONTRACTING – No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor’s work.

If the Contractor violates Pub Cont Code § 4100 et seq., the City of Hughson may exercise the remedies provided under Pub Cont Code § 4110. The City of Hughson may refer the violation to the Contractors State License Board as provided under Pub Cont Code § 4111.

The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

Each subcontract must comply with the contract.

Each subcontractor must have an active and valid State contractor’s license with a classification appropriate for the work performed (Bus & Prof Code, § 7000 et seq.)
Each subcontractor must be registered to perform public work with the California Department of Industrial Relations.

Submit copies of subcontracts upon request by the Engineer.

Before subcontracted work starts, submit a Subcontracting Request form.

Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations web site at: http://www.dir.ca.gov/dlse/debar.html Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily.

Each subcontract and any lower-tier subcontract that may in turn be made shall include the “Required Contract Provisions Federal-Aid Construction Contracts” in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due or to become due, until correction is made. Failure to comply may result in termination of the contract. 5-1.19 - PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS – A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may

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take place only for good cause and with the City’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. 5-1.20 - PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS – The City shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the City. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. 5-1.21 - PAYMENTS -- Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand but not incorporated into the work.
5-1.22 - ENCROACHMENT PERMIT – Not applicable.

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SECTION 6

CONTROL OF MATERIALS

6-1.01 - Source of Supply and Quality of Materials -- The contractor shall furnish all materials required to complete the work, except materials that are designated in the special provisions to be furnished by the City.

Only materials conforming to the requirements of the specifications shall be incorporated in the work.

The materials furnished and used shall be new, except as may specifically be provided elsewhere in these specifications, on the plans, or in the special provisions. The materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the plans and specifications.

The contractor shall furnish the Engineer a list of their sources of materials. The list shall be furnished to the Engineer in sufficient time to permit proper inspecting and testing of materials to be furnished from such listed sources in advance of their use. The contractor shall furnish without charge such samples as may be required. Inspection and tests, if made at any point other than the point of incorporation of the work, in no way shall be considered as a guaranty of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and test have been made.

Manufacturer’s warranties, guarantees, instruction sheets and part’s lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the contract.

Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the contractor.
6-1.02 - Storage of Materials – Articles or materials to be incorporated in the work shall be stored in such a manner as to insure the preservation of their quality and fitness for the work, and to facilitate inspection. 6-1.03 - Defective Materials – All material which the Engineer has determined do not conform to the requirements of the plans and specifications will be rejected, whether in place or not. They shall be removed immediately from the site of the work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless approval in writing has been given by the Engineer.

Upon failure of the contractor to comply promptly with any order of the Engineer made under this Section, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys die or to become due the contractor. 6-1.04 - Trade Names and Alterations – For convenience in designation on the plans or in the specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and their catalogue information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:

The burden of proof as to the quality and suitability of alternatives shall be upon the contractor and he or she shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials and their decision shall be final.

Whenever the specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of such substitute material will be made until the request for substitution is made in writing by the contractor accompanied by complete data as to the equality of the material or article proposed. Such request shall be made in ample time to permit approval without delaying the work. 6-1.05 - Plant Inspection – The Engineer may inspect the production of materials, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the contractor and the material producer. The Engineer or their authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply.

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6-1.06 - Testing – Unless otherwise specified, all tests shall be performed in accordance with the methods used by the California Department of Transportation, All tests that are performed shall be made by the Engineer or their designated representative.

Whenever a reference is made in the specifications to a test method by California Number, it shall mean the test method in effect on the day the Notice to Contractors for the work is dated.

Whenever a reference is made in the specifications to a specification or test designation either of the ASTM, the AASHO, Federal Specifications, or any other recognized national organization, and the number or other identification accompanying the test designation representing the year of adoption or latest revision if the test is omitted, it shall mean the test method in effect on the day the Notice to Contractors for the work is dated.

When requested by the Engineer, the contractor shall furnish, without charge, samples of all materials entering into the work, and no material shall be used prior to approval by the Engineer, except as provided in this Section. Samples of material from local sources shall be taken by or in the presence of the Engineer, otherwise the samples will not be considered for testing.

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SECTION 7

LEGAL RELATIONS AND RESPONSIBILITY

7-1.01 - Laws To Be Observed – The contractor shall keep himself fully informed of all existing and future State and National laws and county and municipal ordinances and regulations which in any manner affect these engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with, and shall cause all their agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City and all officers and employees thereof connected with the work against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree.
7-1.02 - Hours of Labor – Eight hours labor constitutes a legal day’s work. The contractor shall forfeit, as a penalty to the City, $25.00 for each workman employed in the execution of the contract by the contractor or any subcontractor under them for each calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in said Section 1815.
7-1.03 - Labor Nondiscrimination - Attention is directed to Section 1735 of the Labor Code which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons except as provided in Section 1420, and every contractor for public work violating this section is subject to all the penalties imposed for a violation of this chapter.”
7-1.04 - Prevailing Wage – In accordance with Section 1771 to 1774 of the Labor Code, for contracts in excess of one thousand dollars ($1,000) the contractor and all subcontractors under them shall pay all laborers, workmen, and mechanics on all work included in this contract no less than the general prevailing rate of per diem wages for work performed, (to-wit, within the limits if the City), and no less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rate contained in a schedule thereof which has been ascertained and determined by the Council to be the general prevailing rate of per diem wages for each draft or type of workman or mechanic needed to execute this contract, and which is now on file with the City Clerk, as set forth in the Notice to Bidders, and by reference it is incorporated herein and made a part hereof.

The contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof such laborer, workman, or mechanic is paid less than the said stipulated rates for any work done under this contract by them or by any subcontractor under them in violation of Articles 1 and 2 of Chapter 1 Part 7 of Division 11 of the Labor Code of the State of California, and said sums and amounts which shall have been so forfeited pursuant to the herein paragraph and the said terms of said Labor Code shall be withheld and retained from payments due to the contractor under said contract, pursuant to this contract and the terms of said Labor Code; but no sum shall be so withheld, retained, or forfeited except from the final payment without a full investigation by either the Division of Labor Law Enforcement of the State Department of Industrial Relations or by said Council.

The difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day, or a portion thereof, for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the contractor. The contractor shall comply with the provisions of Section 1775 of the Labor Code of the State of California.

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The contractor and subcontractor shall keep accurate payroll records. Certified copies of payroll records shall be provided to the City and the Division of Labor Standards Enforcement of the Department of Industrial Relations in accordance with Section 1776 of the Labor Code of the State of California. 7-1.05 - Contractors Licensing Laws –Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of contractors.

All bidders and contractors shall be licensed in accordance with the laws of this state, and any bidder or contractor not so licensed, is subject to the penalties imposed by such laws. 7-1.06 - Permits and Licenses – The contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.

The contractor shall obtain a permit for construction of a trench or excavation 5 feet or deeper, prior to beginning construction, from the State Industrial Relations Department.

If the Contract amount is in excess of $25,000, the contractor to whom award is made shall submit a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from the shoring systems standards, the plan shall be prepared by a registered Civil or Structural Engineer. In no event shall shoring, sloping, or a protective system be allowed less effective than that required by construction safety orders. The City or its Engineer assume no responsibility for the Contractor’s plan. 7-1.07 - Patents – The contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on, or incorporated in, the work, and agrees to indemnify and save harmless the City and duly authorized representatives from all suits at law, actions of every nature for, or on account of the use f any patented materials, equipment, devices, or processes.
7-1.08 - Safety Provisions – The contractor shall conform to the rules and regulations pertaining to safety established by the California Division of industrial Safety. 7-1.09 - Public Convenience -- The contractor shall so conduct their operations as to offer the least possible obstruction and inconvenience to the public, and he or she shall have under construction no greater length or amount of work than he or she can prosecute properly with due regard to the rights of the public. Traffic control and access shall be in accordance with Subsection 7-1.08 of the Standard Specifications, except as herein provided.

The Contractor shall provide general construction signing. The Contractor shall be required to provide adequate signing and flagmen as described herein as required for their operations.

Unless otherwise provided in the special provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.

Spillage resulting from hauling operations along or across any public traveled way, shall be removed immediately by the contractor at their expense.

Existing traffic signal and street lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work, and other forces will continue routine maintenance of existing systems unless otherwise specified.

Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.

Convenience access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting streets shall be provided and kept in good condition. When the abutting property owner’s access across the right-of-way lines is to be eliminated, or to be replaced under the contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable.

Culvert installation, or other underground pipe construction, shall be conducted on but one-half of the width of the traveled way at a time, and that portion of the traveled way being used by public traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for traffic.

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The Contractor will be required to provide dust control for their operations. Water or dust palliative shall be applied as ordered by the Engineer for the alleviation or prevention of dust nuisance, The cost of dust control shall be considered as included in the cost of items for which there is a bid price.

In order to expedite the passage of vehicular traffic through or around the work, the contractor shall provide, erect, and maintain all necessary barricades, signs, danger signals, and lights for the protection of the work and the safety of the public. Roadways closed to traffic shall be protected be effective barricades, and signs and obstructions shall be illuminated at night. Suitable warning signs, illuminated at night by lanterns or flares, shall be provided.

Flagmen and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the Department of Transportation of the State of California. The equipment shall be furnished and kept clean and in good repair by the contractor at their expense.

The contractor will be required to pay the cost of replacing or repairing all facilities installed for the convenience, direction, or warning of public traffic, that are lost while in their custody, or are damaged by reason of their operations.

Except as otherwise provided under this Section or in the Special Provisions, full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefore. 7-1.10 - Public Safety - Whenever the contractor’s operations create a condition hazardous to traffic or to the public, he or she shall furnish, at their own expense and without cost to the City, such flagmen and guards as are necessary to give adequate warning to the public of any dangerous conditions to be encountered, and he or she shall furnish, erect, and maintain such fences, barricades, lights, signs, and other devices as are necessary to prevent accidents and avoid damage or injury to the public.

No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of the day’s work, and at other times when construction operations are suspended for any reason, the contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic.

Except as otherwise provided in this section or in the special provisions, compensation for conforming to all of the provisions in this section and in the special provisions, shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed therefor. 7-1.10A - Flagging Costs – The cost of furnishing all flagmen and guards under “Public Convenience” will be borne by the contractor.

The provisions in this section shall in no way relieve the contractor from their responsibility for providing for the public’s convenience or safety, nor relieve the contractor from their responsibility for damage as provided under “Responsibility for Damage,” in this section.
7-1.11 - Preservation of Property – Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and trees and shrubbery that are not to be removed.

Trees and shrubbery that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings, and structures, conduits, pipe lines (under or above ground) sewer and water lines, all street facilities, and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and if ordered by the Engineer, the contractor shall provide and install suitable safeguards, approved by the Engineer, to protect such objects from injury or damage. If such objects are injured or damaged by reason of the contractor’s operations, they shall be replaced or restored at the contractor‘s expense.

The Engineer may make, or cause to be made, such temporary repairs as are necessary to restore to service any damaged street facility. The cost of such repairs shall be borne by the contractor and may be deducted from any monies due, or to become due, to the contractor under the contract.

The fact that any underground facility is not shown upon the plans shall not relieve the contractor of their

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responsibility under this Section. It shall be the contractor’s responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of their operations.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and doing all the work involved in protecting or repairing property as above specified, shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed therefor. 7-1.12 - Insurance – The contractor shall take out and maintain during the life of their contract, such Commercial General Liability and Property Damage Insurance as shall protect them, the City, the Engineer, and their agents from all claims for personal injury, including accidental death, as well as from all claims for property damage arising from operation under this contract. The amounts of such insurance shall be as hereinafter set forth.

The contractor shall require the subcontractors, if any, to take out and maintain similar Commercial General Liability and Property Damage Insurance.

In case any of the work under this contract is to be performed on, or at, the site of the project by the subcontractor, the contractor shall take out and maintain such contractor’s Contingent or Protective Insurance as will protect them, the City, and the Engineer from damage claims arising from the operations of any subcontractor. The amounts of such insurance shall be hereinafter set forth (see Exhibit “D” Insurance Provisions of the Sample Construction Contract).

As above provided, the contractor shall take and maintain:
7-1.12A - MINIMUM SCOPE OF INSURANCE - Coverage shall be at least as broad as:

1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” from CG 0001).

2. Insurance Services office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 “any auto” and endorsement CA O025.

3. Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
7-1.12B - MINIMUM LIMITS OF INSURANCE - Contractor shall maintain limits no less than the limits described in Exhibit “D”, Insurance Provisions of the Sample Construction Contract. 7-1.12C - DEDUCTIBLES AND SELF- INSURED RETENTION’S - Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7-1.12D - OTHER INSURANCE PROVISIONS - The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage’s a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by, or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. c. any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers.

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d. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

2. Workers’ Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City.

3. All Coverages - Each insurance policy by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. 7-1.12E - ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers with a Bests rating of no less than A:

VII.

If the contractor has fully satisfied the City of their responsibility and capacity under the workmen’s compensation laws, if any, to act as self-insurer, he or she may so act, and in such a case, the insurance required in the paragraph second above need not be provided.

In the event the form of any policy or certificate, or the amount of the insurance or the companies writing same are not satisfactory to the City, the contractor shall furnish other policies or certificates in form and amount, and with companies satisfactory to the City. The contractor shall not cause any policies to be canceled or permit it to lapse, and all policies shall include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance until notice has been mailed to the City stating when, not less than ten (10) days thereafter, such cancellation or reduction shall be effective. All certificates of insurance, authenticated by the proper officer of the insurer, shall state in particular those insured, the extent of the insurance, the location and operations to which the insurance applies, the expiration date, and the above-mentioned notice of cancellation clause.

The contractor shall furnish to the City at the date of delivering the signed contracts and bonds, certificates or riders duly executed on behalf of the surety company, certifying as to the amounts of insurance carried, and providing for the coverage therein of the City, their officers, agents, and employees, within all risks arising out of the project. 7-1.13 - Cooperation — Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified, or should work of any other nature be under way by other forces within or adjacent to said limits, the contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site at any time, by the use of other forces.

When two or more contractors are employed on related or adjacent work, each shall conduct their operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to person, or property caused to the other by their operations, and for loss caused the other due to their unnecessary delays or failure to finish the work within the time specified for completion 7-1.14 - Contractor’s Responsibility for the Work and Materials -- Until the acceptance of the contract, the contractor shall have the charge and care of the work and of the materials to be used therein, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries, losses, or damage to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and proximately caused by acts of the federal government or the public enemy. The suspension of work from any cause whatever shall not relieve the contractor of their responsibility for the work and materials herein specified. 7-1.14A - Responsibility for Damage – The City, Engineer, and all of their officers and employees thereof connected with the work, shall not be answerable or accountable in any manner; for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person or persons either workmen or the public; or for damage to property from any cause which might have been prevented by the contractor, or their workmen, or anyone employed by them.

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The contractor shall be responsible for any liability imposed by law, and for injuries to, or death of any person, or damage to property resulting from detects or obstructions, or from any cause whatsoever during the progress of the work, or at any time before its completion and final acceptance.

The contractor shall indemnify and save harmless the City, Engineer, and all of their officers and employees thereof connected with the work from all claims, suits, or actions of every name, kind, and description, brought for, or on account of, any injuries to or death of any person, or damage to property resulting from the construction of the work, or by or in consequence of any negligence in guarding the work, use of improper materials in construction of the work, or by or on account of any act or omission by the contractor or their agents during the progress of the work or at any time before its completion and final acceptance. 7-1.15 - Personal Liability – Neither the City, the Engineer, nor any other officer or authorized employee or agent of the City or Engineer, shall be personally responsible for any liability arising under or by virtue of the contract. Job safety is the sole responsibility of the Contractor.
7-1.16 - Apprentices – Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the contractor or by any subcontractor under them. “Apprenticeable craft or trade,” as used in this section, shall mean a craftor trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent; or
(b) In the event the number of apprentices in training in such area exceeds a ratio of l-to-5; or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.

When such exemptions are granted to an organization which represents contractors in a specific trade from the 1- to-5 ratio on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

A contractor to whom the contract is awarded, or any subcontractor under them, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he or she employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may add the amount of such contributions in computing their bid for the contract. The responsibility of compliance with this section for apprenticeable occupations is the prime contractors. 7-1.17 - Federal Requirements — Contractor is required to comply with all applicable standards, orders, or regulations pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et req.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et req.) as amended.
7-1.18 - Female and Minority Goals

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To comply with section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the Department is including in section 7-1.11C female and minority utilization goals for federal-aid construction contracts and subcontracts that exceed $10,000.

The nationwide goal for female utilization is 6.9 percent.

The goal for minority utilization [45 Fed Reg 65984 (10/3/1980)] for Stanislaus County is 12.3 percent.

For each July during which work is performed under the Contract, you and each non-material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
7-1.19 - Federal Training Program
For the Federal training program, the number of trainees or apprentices is 0.

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

You have primary responsibility for meeting this training requirement.

If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor.

Include these training requirements in your subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, submit to the City of Hughson:

Number of apprentices or trainees to be trained for each classification

1. Training program to be used

2. Training starting date for each classification
Obtain the City of Hughson’s approval for this submitted information before you start work. The City of Hughson credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeymen status.

Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training.

Do not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions.

In your training program, establish the minimum length and training type for each classification. The City of Hughson and FHWA approves a program if one of the following is met:

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1. It is calculated to:
 Meet the your equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
Obtain the State's approval for your training program before you start work involving the classification covered by the program.

Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City of Hughson reimburses you 80 cents per hour of training given an employee on this contract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following:
 Contribute to the cost of the training
 Provide the instruction to the apprentice or trainee
 Pay the apprentice's or trainee's wages during the off-site training period

3. If you comply this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee:

1. Copy of the program you will comply with in providing the training

2. Certification showing the type and length of training satisfactorily completed 7-1.20 - Title VI Assurances:

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.

CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section

21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.

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(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Subagreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

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SECTION 8

PROSECUTION AND PROGRESS

8-1.01 - Subcontracting — The contractor shall give their personal attention to the fulfillment of the contract and shall keep the work under their control.

No subcontractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the contractor, and he or she will be held responsible for their work, which shall be subject to the provisions of the contract and specifications.

The contractor shall perform with their own organization, work of a value amounting to not less than 50 percent of the remainder obtained by subcontracting from the total original contract value the sum of any items that may be designated as “Specialty Items” in the special provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the contract bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated cost of such portion of the contract item, determined from information submitted by the contractor, subject to approval by the Engineer.

Before any work is started on a subcontract, the Contractor shall file with the Engineer at their office, a written statement showing the work to be subcontracted, giving the names of the subcontractors and the description of each portion of the work to be so subcontracted.

When a portion of the work which has been subcontracted by the contractor is not being prosecuted in a manner satisfactory to the Engineer, the subcontractor shall be removed immediately on the requisition of the Engineer and shall not again be employed on the work.
8-1.02 - Assignment — The performance of the contract may not be assigned, except upon the written consent of the Engineer. Consent will not be given to any proposed assignment which would relieve the original contractor or their surety of their responsibilities under the contract, nor will the Engineer consent to any assignment of a part of the work under the contract.

The contractor may assign moneys, due or to become due, to them under the contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignments of moneys shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of work in the event that the contractor should be in default therein. 8-1.03 - Beginning of Work — The contractor shall begin work within 30 calendar days after the contract has been approved by the attorney appointed and authorized to represent the City of Hughson, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed, and shall diligently prosecute the same to completion within the time limit provided in the contract documents.

Should the contractor begin work in advance of receiving notice that the contractor has been approved as above provided, any work performed by them in advance of the said date of approval shall be considered as having been done by them at their own risk and as a volunteer unless said contract is so approved.

The delivery to the City, for execution and approval, of the contract properly executed on behalf of the contractor and surety shall constitute the contractor’s authority to enter upon the site of work and to begin operations, subject to their assumption of the risk of the disapproval of the contract, and subject also the following:
(1) Notice in writing of the contractors’ intention to start work prior to approval, specifying the date on which he or she intends to start, shall be given to the Engineer at least two working days in advance. (2) The contractor shall, on commencing operations, observe all provisions of the specifications relating thereto. (3) All work done according to the contract prior to its approval, will, when the contract is approved, be considered authorized work and will be paid for as provided in the contract. 8-1.04 - Temporary Suspension of Work — The City shall have the authority to suspend the work wholly or in part,

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for such period as it may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he or she may deem necessary due to the failure on the part of the contractor to perform a provision of the contract. The contractor shall immediately comply with the written order of the City to suspend the work wholly or in part. The suspended work shall be resumed when approved in writing by the City.
8-1.05 - Time of Completion — The contractor shall complete the work called for under the contract in all parts and requirements, within the number of calendar days set forth in the contract documents.

The current controlling operation, or operations, is to be construed to include any feature of the work considered at the time by the Engineer and the contractor, which, if delayed, will delay the time of completion of the contract. 8-1.06 - Liquidated Damages — It is agreed by the parties to the contract, that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of calendar days as set forth in the special provisions, damage will be sustained by the City, and that it is, and will be, impracticable and extremely difficult to ascertain and determine the actual damage 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 one thousand dollars ($1,000) per day for each and every calendar day’s delay in finishing the work in excess of the number of days prescribed; and the contractor agrees to pay said Liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due, or that may become due, the contractor under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days specified, the City shall have the right to increase the number of days, or not, as may seem best to serve the interest of the City, and if they decide to increase the said number of days, they shall further have the right to charge the contractor, his or her heirs, assigns, or sureties and to deduct from the final payment for the work all or any part as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that cost of final surveys and preparation of final estimate shall not be included in such charges.

The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the special provisions for the completion of the work caused by acts of God or of the Public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, shortages of materials, and freight embargoes, provided that the contractor should notify the Engineer in writing of the causes of delay. The Engineer shall ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. 8-1.07 - Utilities — The right is reserved to the City and the owners of facilities, or their authorized agents, to enter upon the work for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The contractor shall cooperate with forces engaged in such work and shall conduct their operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such other forces.

Attention is directed to the possible existence of underground facilities not known to the City in a location different from that which is shown on the plans or in the special provisions. The contractor shall take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service.

The Contractor shall not interfere with the operations of any existing utility lines during the progress of the work. All utility pipes or lines, conduits, or structures encountered in, across, or near the trench excavation. The Contractor shall be responsible for any damage or injury to such pipes, conduits, or structures and shall replace and/or repair at their own expense any such damage or injury using like or equal materials as approved by the Engineer and the applicable utility company.
8-1.08 - City Right to Take Over the Work — If the contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of their creditors, or if a receiver should be appointed to take over their

Hatch Road Lift Station SP-25
affairs, or if he or she should fail to prosecute the work with due diligence and carry the work forward in accordance with the work schedules and the time limits set forth in the contract documents, or if he or she should fail to substantially perform one or more of the provisions of the contract, including all provisions relating to equal employment opportunity, the City shall inform the contractor and their surety, stating its intention to exercise one of the remedies hereinafter set forth and the grounds upon which the City bases its right to exercise such remedy.

In any event, unless the matter complained of is satisfactorily cleared within ten days after service of such notice, the City may, without prejudice to any other right or remedy, exercise one of such remedies at once, having first obtained a certificate from the Engineer that sufficient cause exists to justify such action. (1) The City may terminate the services of the contractor, which termination shall take effect immediately upon service of notice thereof on the contractor and their surety, whereupon the surety shall have the right to take over and perform the contract. If the surety does not commence performance of the contract within ten days after service on surety of the notice of termination, the City may itself take over the work, take possession of and use all materials, tools, equipment, and appliances on the premises and prosecute the work to completion by such means as it shall deem best.

In the event of such termination of their service, the contractor shall not be entitled to any further payment under the contract until the work, is completed and accepted. If the City takes over the work and if the unpaid balance of the contract price when the City takes over the work exceeds the cost of completing the work, including compensation for any damage or expenses incurred by the City through the default of the contractor, such excess shall be paid to the contractor. In such event, if such cost expenses, and damages shall exceed such unpaid balance of the contract price, the contractor and their surety shall pay the difference to the City. Such cost, expenses, and damages shall be certified by the Engineer.
(2) The City may take control of the work and either make good the deficiencies of the contractor itself or direct the activities of the contractor in doing so, employing such additional help as the City deems advisable. In such event, the City shall be entitled to collect from the contractor and their surety, or to deduct from any payment then or thereafter due the contractor, the costs incurred by it through the default of the contractor, provided the Engineer approves the amount thus charged to the contractor.
(3) The City may require the surety on the contractor’s performance bond to take control of the work at once and see to it that all deficiencies of the contractor are made good with due diligence. As between the City and the surety the cost of making good such deficiencies shall all be borne by the surety. If the surety takes over the work, whether upon termination of the services of the contractor or upon instructions from the City to do so, the provisions of the contract shall govern in respect to the work done by the surety, the surety being substituted for the contractor as to such provisions of this section as to the right of the City to do the work itself or to take control of the work, 8-1.08A - Contractor’s Right to Stop Work or Terminate Contract — If the work shall be stopped under an order of any court or other public authority for a period of three months through no act or fault of the contractor or of anyone employed by them, then the contractor may on seven days’ written notice to the City and the Engineer, stop work or terminate this contract and recover from the City payment for all work executed, any losses sustained on any plant or material, and a reasonable profit. If the Engineer shall fail to issue any certificate for payment, without reasonable cause, within ten days after it is due, or if the City shall fail, without reasonable cause, to pay the contractor within fifteen days after its maturity and presentation any sum certified by the Engineer, then the contractor may on seven days’ written notice to the City and the Engineer stop work and given written notice of intention to terminate the contract. If the City shall thereafter fail to pay the contractor within seven days after receipt of such notice, then the contractor may terminate the contract and recover from the City payment for all work executed, any losses sustained upon any plant or materials, and a reasonable profit.
8-1.09 - Indemnify — The Contractor shall indemnify and save harmless the City, Engineer and their agents and employees, from and against all losses and all claims, demands, payments, suits, actions, recoveries, and judgements of every nature and description brought or recovered against them by reason of any act or omission of the said Contractor, their agents, or employees, in the execution of the Work or in making or failing to make payments therefor, or in guarding the same.

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8-1.10 - Cost Of Living Council — Each Contractor will comply with the applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The submission of a bid shall constitute a certification by them that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards.
8-1.11 - Clean Air Act — If this contract exceeds $100,000, the Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. 8-1.12 - Contractual Restrictions — No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share of part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract is made with a corporation for its general benefit.

No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspecting, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City who is in any legislative, executive, supervisory, or other similar function in connection with the construction of the project, shall become directly or indirectly interested personally in this contract, subcontract, insurance contract, or any other contract pertaining to this project.

Hatch Road Lift Station SP-27
SECTION 9

MEASUREMENT AND PAYMENT

9-1.01 - Measurement of Quantities – Measurement of quantities shall conform to the provisions of Section 9-1.01 of the Standard Specifications.
9-1.02 - Scope of Payment – The contractor shall accept the compensation provided in the contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract; also, for all loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the City, and for all risks of every description connected with the prosecution of the work: also, for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the contract; and for completing the work according to the plans and specifications.

Neither the payment of any estimate nor of any retained percentage shall relieve the contractor of any obligation to make good any defective work or material.

No payment will be made in any case for loss of anticipated profits. 9-1.02A - Payments for Work Completed – Partial payments will be made as the work progresses at the end of each calendar month, or as soon thereafter as practicable on estimates made by the Representative and as approved by the City, provided that the Contractor is performing the overall job in a diligent manner. In making partial payments, there shall be retained ten percent on the amount of each estimate until final completion and acceptance of all the Work.

For any moneys earned by the Contractor and withheld by the City to ensure the performance of the contract, the Contractor may, at their request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5. Title I of the Government Code of the State of California.

Upon completion and acceptance of the Work, the Engineer shall issue a certificate that the Work has been substantially completed and accepted by them under the conditions of this Contract, and shall make and approve the final estimate of the Work. A Notice of Completion shall then be filed or recorded by City if permitted by law, in full compliance with the applicable statutory requirements. The entire balance found to be due the Contractor, including the retained percentage, but accepting such sums as may be lawfully retained by the City, shall be paid to the Contractor 35 days after the filing of the Notice of Completion. Such payment shall be conditioned, however, upon the submission by the Contractor of evidence satisfactory to the City that all claims for labor, material, and any other outstanding indebtedness in connection with the Contract have been paid.

If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Representative so certifies, the City shall upon the certificate of the Representative and, without terminating the Contract, make payment for the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claim.

Form entitled, “Partial Payment Estimate,” shall be used when estimating periodic payments due the Contractor. 9-1.03 - Force Account Payment – Work to be done by force account must be shown on a change order, approved prior to execution of the work, with a not-to-exceed amount shown on the change order. Once the work is complete, a subsequent change order may be executed to reduce the amount to that actually required. When extra work is to be paid for on a force account basis, the labor, materials, and equipment used in the performance of such work shall be subject to the approval of the Engineer and compensation will be determined as follows:
9-1.03A - Labor – The cost of labor used in performing the work, whether the employer is the contractor, subcontractor, or other forces, will be the sum of the following:

A. Actual Wages paid (including any employer payments to, or on behalf of, workmen for health and welfare,

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pension, vacation, and similar purposes).

B. Labor Surcharge as set forth in the California Department of Transportation publication entitled “Equipment Rental Rates and General Prevailing Wage Rates”.

To the cost of Labor as described above, 20 percent will be added to contractor-performed work. If work is subcontracted, 20 percent will be added for the subcontractor and 5 percent for the contractor. 9-1.03B - Materials – The cost of materials incorporated in the work will be the cost to the purchaser, whether contractor, subcontractor, or other forces, from the supplier thereof, except as the following are applicable:

If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City not-withstanding the fact that such discount may not have been taken.

If materials are obtained from a supply or source owned wholly or in part by the purchaser, payment therefor will not exceed the price paid by the purchaser for similar materials furnished from said source on contract items or the current wholesale price for such material delivered to the job site, whichever is lower.

The City reserves the right to furnish such materials as it deems advisable, and the contractor shall have no claim for costs and profit on such materials.

To the cost of the materials as described above, 15 percent will be added. 9-1.03C - Equipment Rental – The equipment rental rates shall be these:

A. Published monthly by the State of California, Department of Transportation, for the month of the date of the proposal.

B. Construction Equipment Rented from Third Parties -- Charges will be made for construction equipment rented from third parties only if the Engineer determines that such equipment is necessary for the proper prosecution to the force account work, and that neither the contractor nor any of their subcontractors has such equipment on the work. Such charges will consist of: the rental paid for the equipment up to the current prevailing rental rate for such equipment rental details in the area of the work; the charges for moving the equipment to and from the force account work, and payments made for equipment operators, if the equipment must be rented with operators and the cost thereof is not included in the rental rate.

C. To the cost of equipment rental as described above, 15 percent will be added. 9-1.03D - Records – The contractor shall maintain their records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations.

The contractor shall furnish the Engineer report sheets in duplicate of each day’s extra work paid for on a force account basis no later than seven (7) days following the performance of said work. The daily report sheets shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the contractor of subcontractor. The daily report sheets shall provide names or identifications and classifications of workmen, the hourly rate of pay, and hours worked, and, also, the size, type, and identification number of equipment and hours operated.

Materials charges shall be substantiated by valid copies of vendors invoices. Such invoices shall be submitted with the daily report sheets.

Said daily report sheets will be signed by the contractor or their authorized agent.

The Engineer will compare their records with the daily report sheets furnished by the contractor, make any necessary adjustments, and compile the costs of work paid for on a force account basis. 9-1.04 - Maintenance – Neither the final certificate, final payment, nor any provision in the contract shall relieve the contractor of responsibility for faulty materials or workmanship, and he or she shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which may appear or be discovered up to one year after recording or filing of the Notice of Completion, or one year after final payment, if, for any reason, no Notice of

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Completion was timely recorded or filed. During the first 30 days of this period, the contractor shall clean out any lines or structures that have become plugged with dirt or debris. The City shall give notice of observed defects with reasonable promptness, and the contractor shall proceed to remedy such defects immediately upon receiving such notification. Payment due the Engineer by the City for extra service required in the enforcement of the contractor’s guarantees after acceptance of the work, shall be paid to the City by the contractor or their surety. 9-1.05 - Liens or Claims – If at any time there shall be evidence of any lien or claim for which the City might become liable and which is chargeable to the contractor, the City shall have the right to retain out of any payment then due or thereafter to become due, an amount sufficient for complete indemnification against such lien or claim. If the City has already paid to the contractor all sums due under this contract, or if the balance remaining unpaid is insufficient to protect the City, the contractor and their surety shall be liable to the City for any loss so sustained.

Technical Specifications TS-1

TECHNICAL SPECIFICATIONS
DIVISION 1 – GENERAL
Section 01-01-10 General Paragraphs .............................................................................. TS-2

Technical Specifications TS-2
DIVISION 1 – GENERAL
Section 01-01-10

GENERAL PARAGRAPHS

1. General
The contractor shall furnish all labor, equipment, materials, and service necessary to construct the work shown on the drawings and in the manner described in these specifications. All equipment and materials furnished and installed shall be new.

2. Equals
It is the intention of this specification to allow the contractor to offer to supply either the material specified, or a suitable equivalent. The Engineer will determine whether the material offered as a substitute is equivalent to that specified and the contractor shall obtain permission in writing from the Engineer before making substitution.

3. Condemned Materials and Workmanship
Any materials failing to meet specifications shall be removed from work at once. Any employee of the contractor performing his work contrary to the specifications shall be discharged and not re-employed. No work will be considered as accepted because the Engineer fails to point out its deficiencies. The contractor shall correct any imperfect work whenever discovered.

4. Inspection and Testing
Inspections, tests, or approvals by the Engineer or others shall not relieve the contractor from his obligations to perform the work in accordance with the requirements of the contract documents.

The Owner shall pay for initial compaction testing. The contractor shall pay for all other compaction tests which are in areas which failed the initial compaction test. The contractor shall also pay the cost incurred by the Engineer for inspecting repairs, inspecting and observing retesting, etc., and inspecting all other work which previously failed to conform to the contract. These cost will be deducted from monies due or to become due to the contractor, and will be determined from the Engineer’s records.

Payment for repair and all other testing, including all labor, materials, tools, and equipment, of any work to be done by the contractor, shall be included in the cost of the work in place.

The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating government agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The contractor will provide proper facilities for such access and observation of work and, also, for any inspection, or testing thereof.

If any work is covered contrary to the instructions of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the contractor’s expense.

In the event the contractor elects to work on a Saturday, Sunday, or legal holiday, the contractor shall notify the Engineer in advance in order that inspection may be performed. The contractor shall pay Owner’s expense of providing such special inspection on a Saturday, Sunday, or legal holiday.

If the Contractor elects to work more than 8 hours a day, the Contractor shall pay the Owner for the difference between the normal charge rate for the inspector and the inspector’s overtime charge rate.

No work shall be done at night without the prior written approval of the Engineer.

Technical Specifications TS-3
Two working days’ notice shall be given before a test is made, and no test shall be made without the presence of the Engineer or his authorized representative.

5. Time of Completion
The contractor shall plan the work and prosecute the same with such diligence that said work shall commence within 10 days after the Notice to Proceed is received, and it shall be completed within the time period set forth in the Construction Agreement.

6. Permits
The contractor shall obtain at his own expense, all necessary permits and comply with all requirements of the permits at his sole expense. The contractor shall obtain a City Business License and a City Encroachment Permit.

7. Shop Drawing Submittals
Submittals shall be made for materials and equipment so the Engineer can examine the submittals for compliance with the plans and specifications. Each submittal shall be accompanied by a letter or form indicating the following:

1. Submittal No.

2. Date of Submittal.

3. Contractor’s Company Name.

4. Contractor’s Signature (or authorized rep.)

5. Description of Submitted Item.

Submittals may be made within 10 working days of the approval of the contract. However, submittals shall not be made within 15 working days prior to installation of the item submitted for review. Contractor shall submit 3 copies of submittals. Electronic submittals are acceptable where materials samples are not required.

8. Easements
Where the proposed work lies within or near an easement on private property, the Contractor shall take care not to disturb any more property than is necessary and to restore conditions to their original state after completion, including replacement of fences, bushes, pipelines, etc. at his sole expense.

9. Shoring, Sheeting, and Bracing
Attention is directed to Section 5-1.02A “Trench Excavation Safety Plans,” and 7-1.01E, “Trench Safety,” of the Standard Specifications and these Special Provisions. Engineer will not be responsible for approving the Contractor’s detailed plan for worker protection as stated in Section 5-1.02A. Safety is the sole responsibility of the Contractor.

10. Cleanliness of Premises
During the progress of the work, the contractor shall keep the premises reasonably clean. The premises shall be kept and left free of all debris.

11. Materials, Fittings, and Equipment
All materials, fittings, and equipment used in the installation of the work shall be new when installed and in excellent condition when the job is completed.

12. Cleanup
Upon completion of the work and before making application for final inspection of the work, the contractor shall clean all ground occupied by him, in connection with the work, of all rubbish, debris, excess materials, temporary structures, and equipment. All portions of the work shall be left in a neat and sightly condition. Nothing in this

Technical Specifications TS-4
section, however, shall require or permit the contractor to remove warning or directional signs prior to formal acceptance by the Owner.

13. Construction Staking
The Engineer will provide the following construction staking: Locations, line and grade stakes for curb, gutter, sidewalk, driveways, catch basins, storm drain line, and survey monuments will be staked upon request by contractor.

Contractor shall provide a worker to assist the Inspector in checking subgrade and base elevations in the reconstruction area.

14. Record Drawings
The Contractor shall maintain at the job site, two sets of full-size contract drawings marked to show any deviations which have been made from the contract drawings including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the contract drawings. Upon completion of the work, the marked sets of prints shall be delivered to the Engineer. Requests for partial payments will not be approved if the marked prints are not kept current, and request for final payment will not be approved until the marked prints are delivered to the Engineer.

15. Order of Work
Contractor shall submit proposed schedule and order of work for project construction to Engineer for review within ten (10) working days of the approval of the contract.

Contractor shall establish communication with property owners affected by construction and shall cooperate with them to minimize disruption of their operations due to construction.

16. Plans
The following drawings, including standard drawings, are referred to in these Specifications and Contracts as the Plans. Said Plans are attached hereto and are an integral part of the Contract.

Title: (a). HATCH ROAD LIFT STATION IMPROVEMENTS
* * * *

APPENDIX A

BYPASS PUMPING SCOPE

Bypass Pumping
Scope of Work
The Contractor shall deliver and install bypass pumping system consisng of one primary and one backup pump, piping, hoses, fi
ngs, and all incidentals necessary to complete the work. The discharge from each pump will be manifolded together to one common discharge line. The total length of the 6” discharge will be no more than 140'. The Contractor will be responsible for operaon of the bypass system for the duraon of the project. Once the bypass system has been called off rent, the Contractor shall flush, remove and return quoted equipment to the City. The Lump Sum price will be based for one 28-day cycle. If addional me is needed, the City recognizes that the cost will need to be adjusted.

Operating Parameters
• Flow: 800 GPM
• Sta&c Suc&on Li(: 14.0 4 (fluid level to grade)
• TDH: esmated at 47 4
• Sta&c Head: 16.8 4 Fuel Burn: 0.6 GPH per pump
• Total Fric&on Losses: esmated at 30.2 4
• DP: 800gpm @ 474 TDH
• Required Submergence: 3.1 4 (sucon line to fluid level) Total Quan&&es:
• (2) Pumps (1 primary, 1 backup)
• (2) Esmated at 25LF +/- 6" PVC Sucon Hose (Individual Sucon) • (2) Esmated at 25LF +/- 6" HD Tank Hose (Individual Discharge) • 140LF +/- 6" HDPE DR17 or equivalent (Common Discharge)

Estimated Schedule Durations
• Mobiliza&on: 1 day
• Installa&on: 2 days
• Removal: 1 day
• Demobiliza&on: 1 day
• System Rental Dura&on: 4 weeks

Bypass Pumping
Rental Items
Qty Units Dura&on Descrip&on Biling Cycle
200 LF 1 cycle Pipe 6" HDPE DR17 1
6 EA 1 cycle Adapter 6" Ind Groove HDPE DR17 1
3 EA 1 cycle Elbow 6" 45 Degree HDPE DR17 1
4 EA 1 cycle Elbow 6" 90 Degree HDPE DR17 1
2 EA 1 cycle Pump Trash 4" DV100C HD SA 1
1 EA 1 cycle Spillguards 12'X16'X1' 1
1 EA 1 cycle Hose 6"x10' HD Tank Truck Ind Groove 150# 1 3 EA 1 cycle Hose 6"x20' HD Tank Truck Ind Groove 150# 1 2 EA 1 cycle Adapter Reducing 4"x6" Flange x Ind Groove STL 1 6 EA 1 cycle Adapter 6" Flange x Ind Groove Weld STL 1
1 EA 1 cycle Tee 6" Ind Groove Weld STL 1
2 EA 1 cycle Elbow 6" 45 Degree Ind Groove Weld STL 1
3 EA 1 cycle Elbow 6" 90 Degree Ind Groove Weld STL 1
25 EA 1 cycle Coupler 6" Ind Groove Heavy Wt Cast 77 1
3 EA 1 cycle Valve 6" Gate Flanged OS&Y 1
1 EA 1 cycle Air Vent 4" Kit Bypass 1
1 EA 1 cycle Tee 6"x6"x4" Ind Groove Cast 7121 1
2 EA 1 cycle Coupler 4" Ind Groove Heavy Wt Cast 77 1
2 EA 1 cycle Transducer Pressure Submersible 0-10PSI 1
2 EA 1 cycle Bridge Spillguard 4" to 6" 1
1 EA 1 cycle Adapter Reducing 8"x 6" Flange x Ind Groove Weld STL 1 1 EA 1 cycle Telemetry Alarm Agent 2.0 1
2 EA 1 cycle Solar Panel 25 WaO 1
2 EA 1 cycle Float Open Green w/ Electric Male Tyco 50' 1

Bypass Pumping
Additional Contractor Responsibilities

1. Informing contractor or vendor of any jobsite or general requirement(s) to perform work on locaon.

2. Securing permits, fees, bonding, right of ways, vehicular/pedestrian traffic control, and security.

3. Providing safe, secure access and egress to an adequate staging area throughout the job which could include brush clearing, grading, and removal or replacement of any landscape or hardscape in the temporary right of way for the equipment.

4. Any damage to the environment including trees, vegetaon, stream banks, or any other part of the site caused by the installaon, removal, construcon, pulling or dragging of equipment, or operaon of the equipment that would require site restoraon or environmental countermeasures.

5. Any excavaon, saw cu
ng, trench plang for the purpose of road crossings, backfilling, restoraon, modificaon, or alteraon of any permanent structure or site element including changes to pump pad preparaon, sucon, or discharge chambers during duraon of job (including installaon and removal).

6. Any work in confined spaces.

7. Protecng system from damage including any freeze protecon necessary to safeguard equipment from damage. Should equipment become frozen and damaged, the Contractor is responsible for repair of equipment.

8. Using equipment in a safe and proper manner in accordance with manufacturers' recommendaons, regulatory standards, and industry best pracces. Improper usage may cause equipment/system failure, damage, possible incidents, injuries, and spills.

9. The Contractor is responsible for idenfying at-risk service laterals to evaluate and migate the potenal for sewage backups. The Contractor must communicate the risk of flooding and other potenal issues to affected property owners. This may require the Contractor to install addional sewer plugs or backflow preventers.

10. The Contractor will provide sewer plugs and any associated installaon, monitoring, and removal of sewer plugs.

11. The Contractor is required to periodically start diesel back-up pumps and ensure baOeries are fully charged, ready for operaon.

12. The Contractor shall idenfy high points for air vents if necessary.

13. The Contractor is responsible for any residual fluids in system once project is concluded. These fluids shall be removed and properly dispose of.

APPENDIX B

COATING SYSTEMS SCOPE

Coang Systems
Scope of Work
The Contractor shall include the following work in the Coang Systems scope of work and lump sum price:
• The field prep and coang of the exisng submerged wet well pump discharge piping, at four (4) exisng submersible pumps.
• pre-cleaning the wet well structure and piping of any sewer, sludge, or debris prior to the arrival of contractor onsite.
• Installaon of scaffolding access to all four (4) runs of submerged piping within the wet well for high pressure water washing, masking, abrasive blasng, coangs, and QA/QC tesng. • High pressure water washing the exisng submerged piping within the wet well for a final cleaning, prior to masking off surfaces that will not require abrasive blasng or new coangs. o Note, spent water from high pressure washing water can be disposed on site or sent through the bypass pumping.
• Cover open hatches to control dust and overspray, and mask off guide rails, cables, submerged pumps, and any other adjacent surfaces to the submerged piping that are not to be abrasive blasted or coated.
• Abrasive blasng of the exisng submerged wet well piping per SSPC-SP10/Near White Metal. o Note, once abrasive blasng is completed of the exisng submerged wet well piping, Contractor will turn the wet well over to the general contractor or city to inspect the exisng piping that may need to be replaced. A3er city has inspected or repaired the submerged wet well piping, Contractor will re-abrasive blast the piping to remove any rust bleed or shop applied coangs form the exisng or new piping, per SSPC-SP10/Near White Metal.
• Clean up, remove, and dispose of the spent abrasives per state, local, and federal guidelines for non-hazardous materials.
• Coang System
o Applicaon of one (1) epoxy primer coat of Carboline Hydroplate 1086 to the exterior surfaces of the submerged wet well piping at 10.0-12.0 mils DFT. o Applicaon of one (1) epoxy stripe coat of Carboline Hydroplate 1086 to all nuts, bolts, couplers and hard to reach areas on the exterior surfaces of the submerged wet well piping.
o Applicaon of one (1) epoxy finish coat of Carboline Hydroplate 1086 to the exterior surfaces of the submerged wet well piping at 10.0-12.0 mils DFT. • Coang System Requirements and Tesng
o The two (2) coat epoxy system to be no less than 20.0 mils DFT. o Contractor will spark test the exterior surfaces of the wet well submerged piping, and repair as necessary, per manufacturer’s recommendaons, and industry standards. • Contractor will unmask surfaces within the wet well and remove the scaffolding. • Contractor will allow the general contractor or subs to use the installed scaffolding for up to 30 calendar days for inspecon and repairs of the exisng wet well piping as necessary. o Note, if pipe inspecon or repair work on the scaffolding goes longer than 30 calendar days, a rental cost will be charged to the general contractor of city for an addional 30 calendar days of rental.
• Contractor will not have to completely demobilize from the site if pipe repairs are necessary. o Note, if the Contractor has to de-mobilize from the site while any pipe repairs are performed, an addional mobilizaon cost will be negoated and resolved by change order.

Coang Systems
• Locate the nearest onsite access to a potable water fire hydrant for filling of a water wagon for high pressure water washing.
• Provide access to bathrooms and hand washing facilies. • Esmated that work will take 10-12 working days to complete from mobilizaon to demobilizaon, not including any inspecon or repairs of exisng piping. • The lump sum bid price will be based on one (1) mobilizaon and one (1) de-mobilizaon.

APPENDIX C

LIFT STATION RECORD DRAWINGS