City of McFarland G-ii
Drilling of a Municipal Water Well – Elmo Well
6.1 Submittals ......................................................................................................................G-19
6.2 Responsibilities..............................................................................................................G-19
6.3 Sequencing and Scheduling Of Inspections and Tests.................................................G-20
6.4 Testing ...........................................................................................................................G-20
6.5 Inspection by the Engineer............................................................................................G-21
6.6 Facilities for Inspection and Testing ..............................................................................G-21
6.7 Rejection of Work ..........................................................................................................G-21
6.8 Final Inspection and Acceptance ..................................................................................G-22 Contractor’s Release – Attachment C ...........................................................................G-23
7.0 Construction Facilities and Temporary Controls.....................................................G-24
7.1 Submittals ......................................................................................................................G-24
7.2 Contractor’s Work and Storage Yard Area....................................................................G-24
7.3 Fire Protection and Prevention......................................................................................G-24
7.4 Dust Control...................................................................................................................G-24
7.5 Light Abatement ............................................................................................................G-25
7.6 Air Pollution Control.......................................................................................................G-25
7.7 Noise Control.................................................................................................................G-25
7.8 Cleaning Up...................................................................................................................G-25
7.9 Protection of New and Existing Improvements..............................................................G-25
7.10 Restoration of Improvements ........................................................................................G-26
7.11 Security..........................................................................................................................G-26
8.0 Mobilization and Demobilization................................................................................G-27
8.1 Mobilization....................................................................................................................G-27
8.2 Payment for Mobilization ...............................................................................................G-27
9.0 Temporary Utilities and Services...............................................................................G-28
9.1 References ....................................................................................................................G-28
9.2 Submittals ......................................................................................................................G-28
9.3 Water .............................................................................................................................G-28
9.4 Electricity .......................................................................................................................G-29
9.5 Telephone......................................................................................................................G-29
9.6 Sanitation.......................................................................................................................G-29
9.7 Other Utilities .................................................................................................................G-29
9.8 Removal of Temporary Utilities .....................................................................................G-29
10.0 Access, Parking, and Traffic ......................................................................................G-31
10.1 References ....................................................................................................................G-31
10.2 Submittals ......................................................................................................................G-31
10.3 Access to Work Site ......................................................................................................G-31
10.4 Traffic Control ................................................................................................................G-31
10.5 Haul Routes ...................................................................................................................G-31
10.6 Access Roads................................................................................................................G-32
10.7 Parking...........................................................................................................................G-32
11.0 Traffic Regulation ........................................................................................................G-33
11.1 Description.....................................................................................................................G-33
11.2 Standard Specifications.................................................................................................G-33
11.3 Submittals ......................................................................................................................G-33
11.4 Measurement and Payment ..........................................................................................G-33
11.5 General ..........................................................................................................................G-33
11.6 Traffic Control Devices and Signs .................................................................................G-34
12.0 Delivery, Storage, and Handling ................................................................................G-35
12.1 Submittals ......................................................................................................................G-35
City of McFarland G-iii
Drilling of a Municipal Water Well – Elmo Well
12.2 General ..........................................................................................................................G-35
12.3 Delivery..........................................................................................................................G-35
12.4 Storage ..........................................................................................................................G-35
12.5 Handling.........................................................................................................................G-36
13.0 Cleaning During Construction And Final Cleaning..................................................G-37
13.1 General ..........................................................................................................................G-37
13.2 Cleaning During Construction........................................................................................G-37
13.3 Final Cleaning................................................................................................................G-37
14.0 Control of the Work .....................................................................................................G-38
14.1 Authority of Engineer.....................................................................................................G-38
14.2 Use of Materials Found On the Project Site ..................................................................G-38
14.3 Conformity with Plans and Allowable Deviations ..........................................................G-38
14.4 Coordination of General Conditions, Special Provisions, Plans and Drawings ............G-38
14.5 Interpretation of Drawings and Specifications ...............................................................G-38
14.6 Superintendence ...........................................................................................................G-39
14.7 Inspection ......................................................................................................................G-39
14.8 Final Inspection .............................................................................................................G-39
14.9 Removal of Defective or Unauthorized Work ................................................................G-39
14.10 Equipment......................................................................................................................G-40
14.11 Right of District to Terminate Contract ..........................................................................G-40
14.12 Contractor’s Right to Terminate Contract......................................................................G-40
14.13 Suspension of Work ......................................................................................................G-40
14.14 Construction Water........................................................................................................G-41
14.15 Erosion and Sediment Control.......................................................................................G-41
14.16 Surface Restoration.......................................................................................................G-41
14.17 Pollution Control ............................................................................................................G-42
14.18 Site Security...................................................................................................................G-42
14.19 Hazardous Wastes and Unforeseen Conditions ...........................................................G-42
14.20 Existing Utilities .............................................................................................................G-43
14.21 Subcontracts..................................................................................................................G-43
15.0 Control of Materials.....................................................................................................G-45
15.1 Storage of Materials ......................................................................................................G-45
15.2 Delivery of Materials ......................................................................................................G-45
15.3 Materials and Equipment...............................................................................................G-45
15.4 Materials Specified ........................................................................................................G-45
15.5 Removal of Defective or Unauthorized Materials ..........................................................G-45
15.6 Submittals ......................................................................................................................G-46
15.7 Manuals and Record Drawings .....................................................................................G-46
15.8 Placing Work in Service.................................................................................................G-46
16.0 Warranties and Repairs ..............................................................................................G-48
17.0 Legal Relations and Responsibilities........................................................................G-49
17.1 Laws to Be Observed ....................................................................................................G-49
17.2 Equal Opportunity..........................................................................................................G-51
17.3 Patents...........................................................................................................................G-53
17.4 Sanitary Provisions........................................................................................................G-53
17.5 Preservation of Property................................................................................................G-53
17.6 Responsibility for Damage.............................................................................................G-53
17.7 Disposal of Materials .....................................................................................................G-53
17.8 Contractor’s Responsibility for Work .............................................................................G-54
17.9 Acceptance of Contract .................................................................................................G-54
17.10 Property Rights for Materials .........................................................................................G-54
City of McFarland G-iv
Drilling of a Municipal Water Well – Elmo Well
17.11 Personal Liability ...........................................................................................................G-54
18.0 Contractor’s Insurance ...............................................................................................G-55
18.1 General ..........................................................................................................................G-55
18.2 Insurance Submittals .....................................................................................................G-55
18.3 Contractor’s Liability Endorsement................................................................................G-56
18.4 Waiver of Subrogation ...................................................................................................G-58
18.5 Contractor’s Liability Not Limited by Insurance .............................................................G-58
18.6 Compliance with State Requirements for Use of Subcontractors .................................G-59
19.0 Production and Progress............................................................................................G-60
19.1 Subcontracting...............................................................................................................G-60
19.2 Assignment....................................................................................................................G-60
19.3 Delays and Time Extension...........................................................................................G-60
19.4 Temporary Suspension of Work ....................................................................................G-61
19.5 Progress Schedule and Order of Completion................................................................G-61
19.6 Failure to Complete the Work in the Time Agreed Upon – Liquidated Damages .........G-61
19.7 Project Quality Control...................................................................................................G-62
19.8 Safety.............................................................................................................................G-64
19.9 Contract Closeout..........................................................................................................G-66
19.10 Guarantee and Warranty ...............................................................................................G-68
20.0 Measurement and Payment........................................................................................G-69
20.1 Measurement of Quantities ...........................................................................................G-69
20.2 Scope of Payment .........................................................................................................G-69
20.3 Change Order/Payment for Extra Work ........................................................................G-69
20.4 Disputed Change Order Work Verification ....................................................................G-72
20.5 Progress Payments .......................................................................................................G-73
20.6 Right to Withhold Payments ..........................................................................................G-75
20.7 Claims Procedures Prior to Any Legal Action ...............................................................G-76
21.0 Funding Requirements ...............................................................................................G-79
21.1 Child Support Compliance Act.......................................................................................G-79
21.2 Audit and Inspection of Books and Records .................................................................G-79
21.3 Non-Discrimination Clause............................................................................................G-79
21.4 Worker’s Compensation Clause....................................................................................G-80
21.5 Drug-Free Workplace Certification ................................................................................G-80
21.6 Labor Compliance .........................................................................................................G-81
21.7 Project Signage ............................................................................................................G-81 - Progress Payment Request Release Form
- Progress/Final Payment Release Form
- Conditional Waiver and Release Upon Progress Payment
- Unconditional Waiver and Release Upon Progress Payment - Conditional Waiver and Release Upon Final Payment
- Unconditional Waiver and Release Upon Final Payment
City of McFarland G-1
Drilling of a Municipal Water Well – Elmo Well
1.0 COORDINATION OF WORK AND PERMITS
1.1 DESCRIPTION
This Section generally describes the project and includes work sequence and schedule, CONTRACTOR'S use of premises, maintenance and operation of existing facilities, construction survey staking, and permits.
1.2 GENERAL NATURE OF WORK
The CONTRACTOR shall provide all labor, materials, equipment and perform all operations necessary to furnish, construct, develop, and complete the Drilling of a Municipal Water Well as specified in these Specifications and Drawings.
1.3 LOCATION OF PROJECT SITE
The project site is on the south side of Elmo Highway, approximately ¼ mile west of Highway 99 in the City of McFarland, California.
1.4 WORK SEQUENCE AND SCHEDULE
CONTRACTOR shall begin work within fifteen (15) calendar days of the issue date of the Notice to Proceed (NTP), and shall complete the work included in the Contract within the amount of time specified in Section 1.7 of the Bid Documents, “Time for Completion and Forfeiture Due to Delay.”
1.5 MAINTENANCE OR OPERATION OF EXISTING FACILITIES
All existing gas, electric, telephone, sewer, and water facilities not owned and operated by the CITY that are within the project site shall remain in continuous operation.
1.6 CONSTRUCTION SURVEY STAKING
Unless otherwise specified, the CITY will provide one set of construction stakes for the project. In the event the CONTRACTOR loses survey control, the CONTRACTOR shall pay for all replacement of survey control at no additional cost to the CITY.
1.7 UTILITY LOCATING
1. Utility companies with services in the area were contacted and utility locations were identified and indicated on the Plans. Some potholing was performed along the alignment to better identify locations, but not at all locations.
2. The CONTRACTOR shall physically locate all utilities prior to starting construction.
The work shall be done in a timely manner such that adjustments in pipeline grades or alignment can be accomplished with minimal revisions to the pipeline design.
The utility locating (potholing) shall be performed prior to final review of pipe fabrication shop drawings.
3. Any delays during construction caused by utilities identified on the Plans but not shown in correct locations shall be the CONTRACTOR’S responsibility. The CITY will respond to pipeline conflict questions within twenty-four (24) hours. (END OF SECTION)
City of McFarland G-2
Drilling of a Municipal Water Well – Elmo Well
2.0 DEFINITIONS AND TERMS
2.1 DEFINITIONS
Whenever the following terms occur in the Contract Documents, the meaning shall be interpreted as follows:
ACCEPTANCE, FINAL ACCEPTANCE - The formal action by the CITY Council accepting the work as being complete.
ACCEPTED BID - The bid (proposal) accepted by the CITY.
ADDENDA - A document issued by the CITY during the bidding period which modifies, supersedes, or supplements the original Contract Documents.
CITY INSPECTOR - The person or firm authorized by the CITY to conduct construction review or observation.
CITY – The City of McFarland or its authorized representative.
ALLOWANCE - “Allowance” shall mean an amount of money set aside under the Contract for a special purpose identified in the Contract Documents.
ASBESTOS - Any material that contains more than one percent (1%) asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.
BIDDER - Any individual, partnership, corporation, joint venture, or other combination thereof submitting a proposal for the work contemplated, acting directly or through an authorized representative.
CHANGE OR DEVIATION -The use of an alternative item of material or equipment that may not necessarily conform to the letter of the Contract requirements.
CHANGE ORDER - A document signed by the CONTRACTOR and the CITY and authorized by the CITY regarding an addition, deletion, or revision in the work, or an adjustment in the Contract price or the Contract time, issued on or after the effective date of the Contract.
CLAIM - A separate demand by the CONTRACTOR for (a) a time extension, (b) payment of money or damages arising from work done by or on behalf of the CONTRACTOR pursuant to the Contract and payment of which is not otherwise expressly provide for or the CONTRACTOR is not otherwise entitled to, or (c) an amount the payment of which is disputed by the CITY.
CLARIFICATION - A document issued by the CITY to the CONTRACTOR that interprets the requirement(s) and/or design intent of the Contract Documents, may not represent an addition, deletion, or revision in the Work or an adjustment in the Contract price or the Contract times.
CONSULTANTS - Any individual, partnership, corporation, joint venture, or other combination thereof, performing work or services, directly or indirectly, for the CITY.
CONSULTING ENGINEER - The term “Consulting ENGINEER” means the Consulting ENGINEER or his/her authorized representative.
CONTRACT - The written agreement executed between the CITY and the CONTRACTOR covering the performance of the work.
City of McFarland G-3
Drilling of a Municipal Water Well – Elmo Well
CONTRACT TIME - The number of calendar days allowed for the completion of the work included in the Contract.
CONTRACTOR - The individual, partnership, corporation, joint venture, or other combination thereof who has entered into the Contract with the CITY for the performance of the work. The term “CONTRACTOR” means the CONTRACTOR or his/her authorized representative.
DAYS - Unless otherwise specified, days shall mean calendar days.
DEFECTIVE WORK - Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents.
CITY – City of McFarland.
ENGINEER - The person, agent, consultant, or employee designated by the CITY as ENGINEER authorized by the CITY, as set forth in the Contract Documents, to represent the CITY, for the purposes of administering this Contract. Assistants, if designated by the ENGINEER to act on behalf of the ENGINEER, may do so provided they are authorized by the ENGINEER.
FIELD DIRECTIVE - Written documentation of the actions of the CITY or ENGINEER in directing the CONTRACTOR. Field Directives may be in the form of supplemental Drawings or instructions which may be issued as necessary to clarify or define the intent of the Contact Drawings or Specifications. There may be a change in Contract Sum or Contract Time involved with the work shown in a Field Directive. Also referred to as a Directive.
FIELD ORDER - A written order given to the CONTRACTOR authorizing work that is a change to the scope of the Work carried out on a time and materials basis.
FINAL COMPLETION - The date when the Work is one-hundred percent (100%) complete, including completion and acceptance of all punch list corrections, as certified by the CITY.
FURNISH - The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.
HAZARDOUS WASTE - The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6906) as amended from time to time.
HOLIDAYS - Legal Holidays shall include the following holidays designated by the CITY: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day.
INSTALL - The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.
MAY - “May,” wherever or in whatever manner used, refers to permissive actions.
MILESTONE - A principal event specified in the Contract Documents relating to an intermediate completion date of a separately identifiable part of the Work or a period of time within which the separately identifiable part of the Work should be performed prior to Substantial Completion of all the Work.
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Drilling of a Municipal Water Well – Elmo Well
NOTICE OF AWARD - The written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein within the time specified, the CITY will enter into an Agreement.
NOTICE OF COMPLETION - A form signed by the ENGINEER recommending to the CITY that the Work is 100% complete, including completion and acceptance of all punch list corrections and fixing the date of Final Completion. After acceptance of the Work by the CITY’s governing Board, the form is signed by the CITY and filed with the County Recorder.
OR EQUAL - Whenever material or equipment is indicated in these Specifications by stating names of proprietary items or of particular suppliers, the naming of the item is intended to establish the type, function, and quality required. The CONTRACTOR may select any of these named items for use on the Project. When the name is followed by the words “or-equal,” it indicates that a substitution may be submitted for approval. An “or-equal” item serves the same function; has the same dimensions, appearance, quality, terms of warranty, durability, reliability, cost in service and maintenance; and complies with the same codes and standards as the named item. Further, its substitution will have no effect on Project details, cost, and program.
PLANS, DRAWINGS - The plans (Drawings), or reproductions thereof, which show the location, character, dimensions, and details of the work to be done.
PROJECT - The total construction of which the Work to be provided under the Contract Documents, may be the whole, or a part thereof as indicated elsewhere in the Contract.
PROVIDE - The words “provide” or “perform,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, “provide” is implied.
PUNCH LIST - List of incomplete items of work and of items of work which are not in conformance with the Contract. The list will be prepared by the ENGINEER in writing when the CONTRACTOR notifies the ENGINEER in writing that the work has been completed in accordance with the Contract Documents and is ready for the CITY’S acceptance.
REQUEST FOR INFORMATION (RFI) - A written request prepared by the CONTRACTOR requesting additional information necessary to clarify or amplify an item in the Contract Documents that the CONTRACTOR believes is not clearly shown or called for in the Drawings or Specifications or other portions of the Contract Documents, or to address problems which have arisen under field conditions. An RFI is not to be used for request for materials/equipment substitutions or value engineering/cost reduction incentive proposals.
REQUEST FOR QUOTATION (RFQ) - A request for a proposed cost made to the CONTRACTOR by the CITY to add, delete or change the Work. RFQ’s shall not be deemed to be directions to proceed with any addition, deletion or change to the Work.
SALVAGE - All items specified to be salvaged shall be carefully removed so as not to damage the item, and neatly stockpiled at the construction site by the CONTRACTOR. The exact location to stockpile items shall be determined by the ENGINEER. The ENGINEER shall then make a determination as to which items are to be retained by the CITY. All other items shall be properly disposed of at no additional cost to the CITY.
SHOP DRAWINGS (SUBMITTALS) - Shop Drawings (submittals) are Drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared by the CONTRACTOR or any subcontractor, manufacturer, supplier, or distributor and which illustrate some portion of the work.
City of McFarland G-5
Drilling of a Municipal Water Well – Elmo Well
SPECIFICATIONS - The directions, provisions, and requirements contained in the General Provisions and Technical Provisions as supplemented by the Special Provisions.
STANDARD DRAWINGS, STANDARD PLANS - That portion of the plans identified or referenced as such.
STOP NOTICE - A legal remedy for subcontractors and suppliers who contribute to public works, but who are not paid for their work which secures payment from construction funds possessed by the CITY. For public property, the Stop Notice remedy is designed to substitute for mechanic’s lien rights.
SUBCONTRACTOR - An individual, partnership, corporation, joint venture, or other combination thereof who has a contract with the CONTRACTOR to perform any of the work. Subcontractor also means an individual, partnership, corporation, joint venture, or other combination thereof who has a contract with another subcontractor to perform any of the work.
SUBSTANTIAL COMPLETION - See Section 19.9 of the General Conditions, “Contract Closeout” for definition of substantial completion.
SUBSTITUTION - The use of an “or equal” item of material or equipment that meets the Contract requirements, but is not a listed manufacturer or equipment.
TECHNICAL SPECIFICATIONS - The Contract Documents identified or referenced as such.
UTILITY - Public or private fixed works for the transportation of fluids, gasses, power, signals, or communications.
WORK - Any and all obligations, duties, and responsibilities necessary to complete the construction assigned to, or undertaken by, the CONTRACTOR pursuant to the Contract Documents including all labor necessary to produce such construction and all materials, equipment, and supplies incorporated or to be incorporated in the construction. Also, the completed construction or parts thereof required to be provided under the Contract Documents.
WORKING DAYS - A working day is defined as any day, except Saturdays, Sundays and CITY Legal Holidays. Any work scheduled by the CONTRACTOR on non-working days (Saturdays, Sundays, and CITY Legal Holidays) shall be verified with the CITY at least seventy-two (72) hours in advance. The CITY shall be compensated for inspection work, at an hourly rate, for any work on non-working days and for overtime.
Terms: Wherever the terms “required,” “permitted,” “ordered,” “designated,” “directed,” “prescribed,” or terms of like import are used, it shall be understood that the requirements, permission, order, designation, direction or prescription of the ENGINEER is intended. Similarly, the terms “acceptable,” “satisfactory,” “or equal,” or terms of like import shall mean acceptable to or satisfactory to the ENGINEER, unless otherwise expressly stated. The word “provide” shall be understood to mean furnish and install.
(END OF SECTION)
City of McFarland G-6
Drilling of a Municipal Water Well – Elmo Well
3.0 MEASUREMENT AND PAYMENT
3.1 WORK LISTED IN THE SCHEDULE OF WORK ITEMS
1. Work under this contract will be paid on a unit price or lump-sum basis as outlined on the Bid Form for the quantity of work installed.
2. The unit prices and lump-sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the work included in the contract documents.
3. The application for payment will be for a specific item based on the percentage completed or quantity installed. The percentage complete will be based on the value of the partially completed work relative to the value of the item when entirely completed and ready for service.
3.2 WORK NOT LISTED IN THE SCHEDULE OF WORK ITEMS
1. The General Conditions and items in the Special Provisions, general requirements, and specifications which are not listed in the schedule of work items of the bid form are, in general, applicable to more than one listed work item, and no separate work item is provided therefore. Include the cost of work not listed but necessary to complete the project designated in the contract documents in the various listed work items of the bid form.
2. The bids for the work are intended to establish a total cost for the work in its entirety. Should the CONTRACTOR feel that the cost for the work has not been established by specific items in the bid form, include the cost for that work in some related bid item so that the proposal for the project reflects the total cost for completing the work in its entirety.
3.3 MOBILIZATION
See the Section 8.0, “Mobilization and Demobilization”, of the General Conditions.
3.4 SHEETING, SHORING, AND BRACING
Payment for sheeting, shoring, and bracing for the protection of life and limb, in conformance with the applicable safety orders, shall be included in the applicable bid items. (END OF SECTION)
City of McFarland G-7
Drilling of a Municipal Water Well – Elmo Well
4.0 SUBMITTALS
4.1 GENERAL
1. Three copies of the initial submittal log shall be submitted to the ENGINEER within fifteen (15) working days after receipt of the Notice to Proceed.
2. Three copies of the updated submittal log shall be submitted with each monthly schedule update.
3. The ENGINEER’s approval of submittal shall not relieve the CONTRACTOR of the entire responsibility for the correctness of the work covered by the submittal. The CONTRACTOR shall assume all responsibility for misalignments, improper fitting and deficient work due to errors in the submittals.
4.2 DEFINITIONS
1. Or-Equal – Whenever material or equipment is indicated in these Specifications by stating names of proprietary items of particular suppliers, the naming of the item is intended to establish the type, function, and quality required. The CONTRACTOR may select any of these named items for use on the project. When the name is followed by the words “orequal,” it indicates that a substitution may be submitted for approval. An “or-equal” item serves the same function; has the same dimensions, appearance, quality, terms of warranty, durability, reliability, cost in service and maintenance; and complies with the same codes and standards as the named item. Further, its substitution will have no effect on project details, cost, and program.
2. Substitution – The use of an “or-equal” item of material or equipment that meets contract requirements.
3. Change or Deviation – The use of an alternative item of material or equipment that does not meet the contract requirements. In the section, the same procedure shall be followed to obtain approval as for substitutions. On the letter of transmittal, substitutions, changes, and deviations shall be noted as variations by the CONTRACTOR.
4.3 SUBMITTAL PROCEDURES
1. Accompany each submittal with a separate letter of transmittal containing the following information:
a. CONTRACTOR'S name and the name of Subcontractor or supplier who prepared the submittal.
b. The project name and identifying contract number.
c. Submittal number.
d. Description of the submittal and reference to the Contract requirement or technical specification section and paragraph number being addressed.
2. Submit the number and type of copies for each submittal and follow the procedures described below or in other paragraphs in this Section. Submit four (4) copies of submittals not covered in Section 15.6 of the General Conditions.
a. Designation of Superintendent: Submit three (3) copies for information. Include name, address, home telephone number and a brief resume.
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Drilling of a Municipal Water Well – Elmo Well
b. List of Subcontractors and Major Suppliers: Submit three (3) copies for information. Include address, telephone number and name of responsible party. c. Schedule of Values: Submit three (3) copies for information. No copy will be returned.
d. Manufacturers' Affidavits. Submit three (3) copies for items specified in the Technical Specifications.
e. Environmental Protection Plan. Submit three (3) copies for information.
4.4 SCHEDULE OF SUBMITTLS
1. Submit three (3) copies for information. No copy will be returned.
4.5 SUBMITTAL LOG
1. Prepare and maintain an accurate submittal log for the duration of the project. The log shall contain a listing of submittals and shall include the following information for each listed item:
a. Specification section reference.
b. Projected submission date.
c. Actual submission date.
d. Projected need date for approval of the submittal.
e. Actual return date from the ENGINEER.
f. Notation of the ENGINEER’s response.
g. Notation if re-submittal or record copy is required.
4.6 NUMBER OF COPIES REQUIRED
1. Each Submittal: The CONTRACTOR shall furnish seven (7) copies of each submittal unless specified otherwise.
2. Drawings: Three full sized, thirty-six inches (36") by twenty-four inches (24"), direct prints and 1 clear legible, reproducible transparency of each original drawing shall be submitted for approval before manufacture or fabrication of the respective articles.
3. Catalogue sheets, brochures, and other printed sheets: Six (6) copies and one (1) original shall be submitted.
4. Other Data: When the Specifications require the submission of certifications, mill test reports, or purchase orders, a minimum of three (3) copies shall be submitted to the ENGINEER, unless otherwise specified.
4.7 DELIVERY ADDRESS
1. Unless otherwise specified, submittals shall be marked for the attention of Curtis Skaggs – Engineer, and shall be delivered to Dee Jaspar & Associates’ office located at 2730
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Drilling of a Municipal Water Well – Elmo Well
Unicorn Road, Building A, Bakersfield, CA, 93308.
4.8 RECORD COPIES
1. Within ten (10) working days after approval a photo-sensitized or wash-Mylar material having a matte finish on both sides and with clear and legible lettering and delineation shall be submitted to the ENGINEER for review and acceptance. The shop, assembly, or layout drawings shall be copied directly from the correct original tracings.
2. Within 10 working days after approval an electronic copy of all drawings shall be sent to the ENGINEER for review and acceptance. All shop drawings shall be in electronic AutoCAD or compatible file format.
3. When catalogue sheets, brochures, or other printed sheets have been approved in view of drawings, electronic copies or reproducible transparencies of the printed sheets will not be required.
4. Record copies of the approved drawings shall be clean, legible without the use of magnification, and capable of producing copies that are comparable in quality to the original. Drawings which do not meet these criteria will not be accepted by the CITY. Any record drawing not accepted by the CITY shall be revised and resubmitted until it is acceptable to the CITY.
4.9 PLAN OF OPERATIONS
1. Submit three (3) copies.
2. Before beginning on site work, submit a plan showing CONTRACTOR'S intended use of the site assigned to it. Show location of enclosing fence, access points and gates. Show location for CONTRACTOR'S and Subcontractor’s field offices and parking. Show location of CONTRACTOR'S and Subcontractor’s work areas and storage areas.
4.10 CONSTRUCTION SCHEDULE
1. Provide a completed critical path method (CPM) construction schedules to the ENGINEER for review and acceptance as required in Section 5.0 of the General Conditions, “Construction Schedule Bar Charts.”
4.11 SHOP DRAWING, PRODUCT DATA AND SAMPLES SUBMITTED FOR PRODUCT REVIEW
1. This paragraph covers submittal of Shop Drawings, Product Data and Samples required for the ENGINEER's review. All submittals are required for the ENGINEERs Review unless specifically requested for Information Only.
2. Number and type of submittals:
a. Shop Drawings: Submit four copies more than the number required by the CONTRACTOR. Copies in excess of four will be marked, stamped and returned to the CONTRACTOR. The CONTRACTOR shall make and distribute the required number of additional copies to its superintendent, Subcontractors and suppliers. b. Product Data: Submit four (4) clear copies. One copy will be marked, stamped and returned. The CONTRACTOR shall make and distribute the required number of additional copies to its superintendent, Subcontractors and suppliers. c. Samples: Submit three (3) labeled samples or three (3) sets of samples of
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Manufacturer’s full range of colors and finishes. Comply with requirements in Technical Specification Sections. One sample will be returned to CONTRACTOR.
3. The CONTRACTOR shall make all Product Review submittals early enough to allow adequate time for the ENGINEER's review and for manufacture and delivery to the construction site without causing delay to the Work. Submittals shall be made early enough to allow for unforeseen delays such as:
a. Failure to obtain Favorable Review because of inadequate or incomplete submittal or because the item submitted does not meet the requirements of the Contract Documents.
b. Delays in manufacture.
c. Delays in delivery.
4. Content of Submittals:
a. Each submittal shall include all of the items and material required for a complete assembly, system or Specification Section. Each item in every submittal shall be labeled with the Specification Section and paragraph number under which the item is specified.
b. Submittals shall contain all of the physical, technical and performance data required by the Specifications or necessary to demonstrate conclusively that the items comply with the requirements of the Contract Documents. c. Include information on characteristics of electrical or utility service required and verification that requirements have been coordinated with services provided by the work and by other interconnected elements of the work.
d. Provide verification that the physical characteristics of items submitted, including size, configuration, clearances, mounting points, utility connection points and service access points, are suitable for the space provided and are compatible with other interrelated items that are existing or have or will be submitted. e. Label each Product Data Submittal, Shop Drawing and Sample with the information required in paragraph K of this Section of the Technical Provisions.
Highlight or mark every page of every copy of all Product Data submittals to show the specific items being submitted and all options included or choices offered. f. Additional requirements for Product Review submittals are contained in the Technical Provisions Section.
g. Designation of work as "NIC" or "by others," shown on Shop Drawings, shall mean that the work will be the responsibility of the CONTRACTOR rather than the Subcontractor or supplier who has prepared the Shop Drawings.
5. Compatibility of Equipment and Material:
a. Verify that items contained in the same or in different submittals meet the requirements of the Technical Provisions.
6. Requirements for CONTRACTOR Designed Items and for First Specified (Named) Items.
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a. Verify that items meet the requirements of the Technical Provisions.
7. Submittals that contain deviations from the requirements of the Contract Documents shall be accompanied by a separate letter explaining the deviations. The CONTRACTOR'S letter shall:
a. Cite the specific Contract requirement including the Specification Section and paragraph number for which approval of a deviation is sought. b. Describe the proposed alternate material, item or construction and explain its advantages and/or disadvantages to the Owner.
c. State the reduction in Contract Price if any that is offered to the Owner.
8. ENGINEER's Review Procedure and Meaning:
a. The ENGINEER will stamp and mark each Product Review submittal prior to returning it to the CONTRACTOR. The stamp will indicate whether or not the review was favorable and what action is required of the CONTRACTOR. Review categories" No Exceptions Taken" and "Make Corrections Noted" both indicate Favorable Review.
b. The ENGINEER's Favorable Review is contingent on the CONTRACTOR'S warranties required by General Conditions.
c. Favorable Review is also contingent on:
(1) The compatibility of items included in a submittal with other related or interdependent items included in previous or future submittals. (2) Future submittal of items related to or required to be part of this submittal that was not included with this submittal.
(3) Favorable Review of a submittal does not constitute approval or deletion of items required as part of the submittal but not included with the submittal. Favorable Review of items included in the submittal does not constitute deletion of specified features, options or accessories that were not included in the submittal.
d. The action required by the CONTRACTOR for each category of review is as follows:
(1) NO EXCEPTIONS TAKEN. NO RESUBMITTAL REQUIRED.
(2) MAKE CORRECTIONS NOTED.
(3) NO RESUBMITTAL REQUIRED. The CONTRACTOR shall make
corrections noted prior to manufacture.
(4) PARTIAL RESUBMITTALS REQUIRED. The CONTRACTOR shall submit related accessory or optional items as noted which are required but were not included with the submittal and/or shall resubmit unsatisfactory portions or attributes of items as noted. The CONTRACTOR may proceed to manufacture those portions of the submittal that will be unaffected by required resubmittals.
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(5) AMEND AND RESUBMIT. The CONTRACTOR shall amend and
resubmit the submittal as noted or required to comply with the Contract Documents.
(6) REJECTED - RESUBMIT. The item submitted does not comply with the Contract Documents in a major way. Resubmit items that comply with the requirements of the Contract Documents.
e. The letter of transmittal accompanying the returned Product Review submittal may contain numbered notes. Marking a corresponding number on a Shop Drawing or Product Data submittal shall have the same effect as applying the entire note to the submittal.
9. Resubmittals that contain changes that were not requested by the ENGINEER on the previous submittal shall be accompanied by a letter explaining the change.
10. Favorable Review Required Prior to Proceeding.
a. Do not proceed with manufacture, fabrication, delivery or installation of items prior to obtaining the ENGINEERs Favorable Review of Product Review submittals.
11. Intent and Limitation on ENGINEER's Review:
a. The CONTRACTOR has primary responsibility for submitting and providing work that complies with the requirements of the Contract Documents. That responsibility cannot be delegated in whole or in part to Subcontractors or suppliers. Neither the ENGINEER's Favorable Review nor the ENGINEER's failure to notice or comment on deficiencies in the CONTRACTOR’S submittal shall relieve the CONTRACTOR from the duty to provide work which complies with the requirements of the Contract Documents.
4.12 SUBSTITUTIONS OR PROPOSED EQUIVALENTS
1. Comply with the submittal requirements for Shop Drawings, Product Data, and Samples submitted for Product Review.
2. Time of Submittal:
a. Submittal of Proposed Equivalents shall be made within thirty-five (35) days of the Notice to Proceed. The ENGINEER may agree to a later submittal date if requested in writing within 35 days of the Notice to Proceed. The request shall identify the item, give the Specification reference, and proposed manufacturer and model number of the item that will be submitted and the proposed submittal date. b. The ENGINEER's agreement to a later submittal date shall be in writing and shall not be construed as Favorable Review or acceptance of the manufacturer or item proposed.
3. Content of submittals shall be the same as that required for Product Data, Shop Drawings and Samples submitted for Product Review. In addition, the ENGINEER may request that the CONTRACTOR provide information on several recent similar installations of the item to verify its suitability. The information shall include the project name and location, the Owner's name, address, telephone number and name of a knowledgeable person to contact for information on performance of the product.
4. When the CONTRACTOR has listed a specific maker's products on its Bid, no changes will be permitted without submittal of acceptable evidence justifying the change and the
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ENGINEER's written approval.
5. If a non-equivalent substitute is submitted for review, it shall be accompanied by a proposed reduction in Contract Price which shall include the increased cost of engineering service required to evaluate the proposed substitute (which shall be paid to the Owner whether or not the substitute is accepted) plus the greater of 1) the difference in price between the first specified item and the item submitted and 2) the difference in value to the Owner between the two items.
4.13 PRODUCT INFORMATION SUBMITTALS
1. Submit three copies. No copies will be returned.
2. Product Information submittals are required for the Owner's permanent records and will be used for future maintenance, repair, modification or replacement work. Product Information submittals will be examined only to verify that the required submittals have been made; they will NOT BE REVIEWED for compliance with the Contract Documents.
3. Make Product Information submittals prior to delivering material, products or items for which Product Information submittals are required.
4. The CONTRACTOR has the sole and exclusive responsibility for furnishing products and work that meets the requirements of the Contract Documents.
5. The ENGINEER reserves the right to comment on any submittal and to reject any product or work delivered, installed or otherwise at any time that the ENGINEER becomes aware that it is defective or does not meet the requirements of the Contract Documents.
4.14 OPERATION AND MAINTENANCE MANUALS AND PARTS LIST
1. Submit three complete sets. Bind each copy in one or more “D” ring, 8-1/2x11, 3-ring binders with clear view spine and cover, National 79-692(3), K&M or equal. Prepare Titles for the spine and cover and a Table of Contents listing each piece of equipment. Organize the contents by Specification Section and paragraph number under which the equipment was specified. Provide labeled tab separators for each major item or group of smaller similar items. When standard manufacturer’s literature is used highlight or mark all copies to shop specific items and options provided.
2. Provide operation and maintenance manuals and parts list for all equipment furnished under this contract. Comply with the detailed requirements in Technical Provisions.
Include instructions for delivery, storage, assembly, installation, lubrication, adjusting, startup, operation and maintenance. a. For all equipment include:
(1) Startup instructions.
(2) Normal operation instructions.
(3) Trouble shooting instructions.
(4) Lubrication instructions.
(5) Maintenance and reinstallation instructions.
(6) Parts identification.
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(7) List of spare parts recommended to have on hand.
(8) Operator safety instructions.
b. For all Electrical Equipment, provide the following additional information:
(1) Equipment ratings.
(2) Calibration curves and rating tables if appropriate. c. For Complex Equipment provide in addition:
(1) Alternate specified operating modes.
(2) Emergency shutdown instructions.
(3) Normal shutdown instructions
(4) Long-term shutdown instructions
d. Operation and maintenance manuals for systems composed of separate pieces of equipment shall include a system explanation of items 1, a, b, and c, and 3a through c, as well as the instructions for each separate piece of equipment.
2. Submit with Final Submittals.
4.15 AS-BUILT DRAWINGS
1. Provide a complete set of construction as-built drawings to the ENGINEER for review and acceptance.
4.16 MANUFACTURER’S CERTIFICATES
1. Submit three (3) copies.
2. When specified in Technical Provisions, submit manufacturers' certificate to ENGINEER for review. Indicate material or product conforms to or exceeds specified requirements.
Submit supporting reference data, affidavits, and certifications as appropriate. Certificates may be recent or previous test results on material or Product, but must be acceptable to the ENGINEER.
(END SECTION)
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ATTACHMENT D
LETTER OF TRANSMITTAL
FOR SUBMITTAL NO.
CONTRACTOR:
ADDRESS:
PHONE:
FAX:
TO: Dee Jaspar & Associates, Inc. DATE:
3701 Pegasus Drive, Suite 121
Bakersfield, CA 93308 CONTRACT NO:
SPEC.NO: PROJECT: _____________________________
WE ARE SUBMITTING THE ENCLOSED:
SHOP DRAWING EQUIPMENT DATA MATERIAL DATA
SAMPLES CERTIFICATION OF COMPLIANCE OTHER
FOR YOUR: APPROVAL INFORMATION
PLEASE RETURN _____ COPIES FOR OUR RECORDS
ITEM
NO.
DESCRIPTION OF ITEM NO. OF
COPIES
CONTRACT REFERENCE
SPEC. SECTION OR DRAWING
SHEET NO. VARIATION
REMARKS: All deviations from the construction contract shall be explained in detail.
I certify that the above submitted items have been reviewed in detail and are correct and in strict conformance with the Contract Drawings and Specifications except as otherwise stated. ___________________________________
NAME/SIGNATURE OF CONTRACTOR
DISPOSITION:
APPROVED REVIEWED-NO CORRECTIONS NOTED
APPROVED AS REVISED REVIEWED-CORRECTIONS NOTED-NO RESUBMITTAL
REQUIRED
RETURNED FOR REVISON REVIEWED-RESUBMITTAL REQUIRED
SEE ATTACHED SHEET FOR COMMENTS
_____________________________________________ DATE
SIGNATURE AND TITLE OF APPROVING AUTHORITY
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5.0 CONSTRUCTION SCHEDULE (BAR CHARTS)
5.1 SUBMITTALS
1. Project schedule submittals shall consist of FOUR (4) paper copies, eight and one-half inches (8 ½") by eleven inches (11") or eleven inches (11") by seventeen inches (17") inches and an electronic copy on CD format.
2. Baseline Project Schedule:
a. The CONTRACTOR shall submit the baseline project schedule within TEN (10) working days after receipt of the Notice to Proceed.
b. The ENGINEER will meet with the CONTRACTOR to review and discuss the proposed schedule within ten (10) working days of the meeting. At this meeting, the ENGINEER will inform the CONTRACTOR if the schedule is acceptable or if it must be revised and resubmitted.
c. In the event that correction of the baseline project schedule is required, the CONTRACTOR shall resubmit four (4) copies of the schedule with the corrections within 10 working days of the meeting. The ENGINEER will meet with the CONTRACTOR to review and discuss the schedule within ten (10) working days after receipt of the resubmittal. At this meeting, the ENGINEER will inform the CONTRACTOR if the Schedule is acceptable or if it must be revised and resubmitted.
3. Updates of the Project Schedule:
a. The updated project schedule shall be submitted by the 20th of each month.
4. Narrative Progress Report:
a. The CONTRACTOR shall submit four (4) copies of the monthly narrative progress report by the 20th of each month.
5. Failure to submit each package by the required date may result in a reduction in progress payment by CITY for the corresponding month.
6. Look-Ahead Schedule: Look Ahead Schedule shall be submitted weekly. When a project meeting is scheduled, the Look Ahead Schedule shall be submitted at least twenty-four (24) hours prior to the meeting. The number of copies submitted and the payout and format of the look-ahead schedule shall be acceptable to the ENGINEER.
7. Cash-Flow Forecast:
a. The CONTRACTOR shall submit the initial cash-flow forecast within ten (10) working days after receipt of the Notice to Proceed.
b. The CONTRACTOR shall submit a revised cash-flow forecast when the monthly pay estimate varies from the current cash-flow projection by more than fifty percent (50%), or the cumulative payment to date varies from the forecast by more than twenty percent (20%).
c. The CONTRACTOR shall provide 4 copies of all cash-flow forecast submittals on 8½ by 11-inch paper and an electronic copy on 3.5-inch disk in a file format specified by the CITY.
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5.2 PROJECT SCHEDULE
1. The CONTRACTOR shall provide a critical path method (CPM) computer generated construction schedule using Suretrak, Microsoft Project, or equal software that has the capability of producing a Gantt chart.
2. The CPM schedule shall show in detail the CONTRACTOR’S plan of operations of the project. The degree of detail shall be to the satisfaction of the ENGINEER and shall include:
a. The project’s critical path and significant project milestones. b. The means, methods, and sequences for performing work. c. Mobilization of plant and equipment.
d. Submission and approval of critical submittals.
e. Propose shutdowns and durations of existing facilities. f. Fabrication and delivery of critical equipment and materials. g. Approvals and permits required by regulatory agencies or other third parties. h. Access to and availability of work areas.
i. Identification of interfaces and dependencies with preceding, concurrent, and followon CONTRACTORS. j. Specified project phasing, milestones, and completion dates. k. Testing.
l. The activities of the ENGINEER that may affect progress or affect required dates for completion of all or part of the work, including delivery of CITY-furnished equipment.
3. Revisions to the Baseline Project Schedule:
a. The CONTRACTOR shall immediately advise the ENGINEER of proposed or required changes in the schedule logic, changes in the critical path or delays to the progress of the work.
b. The CONTRACTOR shall furnish a revised schedule within ten (10) days of the event giving rise to such claim. A narrative description of the change, the necessity for the change, the impact of the change to the specified project milestones, and the cost to CITY if the revised schedule is accepted, shall be enclosed. c. Within thirty days after the CONTRACTOR submits to the CITY a written request for an extension of time, the ENGINEER shall return a written recommendation for the extension of time justified.
d. The CONTRACTOR shall furnish a final revised schedule within ten (10) days of the award by the ENGINEER of an adjustment in the time of completion of the work.
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4. Monthly Project Schedule Updates:
a. The CONTRACTOR shall update the current project schedule monthly to show:
(i) Actual activity-start dates.
(ii) Actual activity-completion dates.
(iii) Estimated duration, in working days, to complete each activity that is started but not completed.
(iv) Actual total progress achieved to date on each activity in percent. (v) Non-working days granted by the ENGINEER.
5.3 NARRATIVE PROGRESS REPORT
1. As part of the monthly updating process, the CONTRACTOR shall prepare a narrative progress report. The report shall describe the physical progress during the report period, the CONTRACTOR’S plan for continuing the work during the forthcoming report period, and actions planned to correct work that is behind schedule. The report shall also provide a discussion of potential delays and problems and their impact on performance and the overall project completion date.
2. If the project falls behind schedule by more than twenty (20) workings days, the report shall contain proposed alternatives for schedule recovery.
5.4 CASH-FLOW FORECAST
1. The CONTRACTOR shall use any reasonable system to develop a cash-flow analysis that depicts the estimated cash expenditures in the aggregate, by month, over the life of the project. The CONTRACTOR shall provide data in both tabular and graphic display form. (END OF SECTION)
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6.0 INSPECTION OF THE WORK
6.1 SUBMITTALS
1. Orders: The CONTRACTOR shall submit, as soon as issued, three (3) copies of orders placed outside the CONTRACTOR’S plant for articles or materials to be incorporated in the work.
2. When requested by the ENGINEER, the CONTRACTOR shall furnish the ENGINEER such additional information as may reasonably be required regarding the character of the materials and the progress of their procurement, including copies of invoices, bills of lading, and shipping lists on all articles and materials for use on the work.
3. Test Report and Certifications:
a. Where certifications or mill-test reports are required, the CONTRACTOR shall submit three (3) complete, certified copies.
b. Certifications shall show chemical composition, mechanical properties, or other characteristics of the materials to be used in the work. c. Material specified by a referenced standard shall be certifiable by the mill or manufacturer under that standard.
d. The testing, analysis, and certification shall be the responsibility of the CONTRACTOR.
4. Notices of Fabrication: The CONTRACTOR shall submit a separate notice of fabrication for each fabricated article and material.
a. For articles and materials fabricated outside Southern California, the CONTRACTOR shall submit the notice fourteen (14) days before starting fabrication.
b. For articles and materials fabricated within Southern California, the CONTRACTOR shall submit the notice five (5) days before starting fabrication.
6.2 RESPONSIBILITIES
1. The CONTRACTOR shall be responsible for full compliance with every requirement of the contract documents and shall ensure that the work is in full accordance with these requirements. At all times, the CONTRACTOR’S work will be subject to rigid inspection by the ENGINEER. Whether discovered by the CONTRACTOR or the ENGINEER, nonconforming work shall be corrected or replaced by the CONTRACTOR.
2. For convenience, materials or equipment to be incorporated in the work may be designated in the Specifications by a trade name or the name of a manufacturer and the manufacturer’s catalog item number information. Materials, articles, or equipment, even if supplied by a manufacturer designated in the Specifications, shall be accepted only if the items meet all other specification requirements.
3. The CONTRACTOR shall furnish all tools, equipments, materials, supplies, and manufactured articles necessary or required for the performance and completion of the work included in the Contract, except for materials and equipment specified to be furnished by the CITY. The materials, articles, and equipment provided for permanent installation in the work shall be new and shall be in accordance with these Specifications.
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4. The CONTRACTOR shall perform quality control on suppliers, manufacturers, products, services, site conditions, and workmanship to ensure that work conforms to the contract documents. The CONTRACTOR shall be prepared to document its quality control activity.
5. The CONTRACTOR shall require and ensure conformance with specified standards as a minimum quality for the work. When more stringent tolerances, codes, or specified requirements are required by a particular manufacturer or a particular item of work, the higher standards or more precise workmanship shall be provided.
6. The ENGINEER’s inspections and tests are for the sole benefit of the CITY and shall not:
a. Relieve the CONTRACTOR of responsibility for providing adequate quality control measures.
b. Relieve the CONTRACTOR of responsibility for damage to or loss of the material before acceptance.
c. Constitute or imply acceptance.
d. Affect the continuing rights of CITY after acceptance of the completed work.
7. The CONTRACTOR shall be responsible for adjustments, corrections, or repairs found necessary after the delivery or installation of materials and articles.
8. Unidentified materials shall not be used in the work, including work at fabrication plants.
6.3 SEQUENCING AND SCHEDULING OF INSPECTIONS AND TESTS
1. The CONTRACTOR shall fully advise the ENGINEER regarding progress of the work in its various parts.
2. The CONTRACTOR shall furnish and prepare the required samples and test specimens ready for testing in time for the necessary tests and analysis.
3. Where the Specifications require work to be tested or approved, it shall be tested only in the presence of the ENGINEER.
4. The ENGINEER shall be given timely notice of the CONTRACTOR’S readiness for inspection and test. The length of advance notice shall be appropriate for the complexity of the inspection or test, the availability of the ENGINEER’s staff, and the location of the inspection or test, but in no case shall less than twenty-four (24) hours advance notice be given.
6.4 TESTING
1. Materials and articles that are to be included in the works shall be subject to testing for conformance with the Specifications and Drawings.
2. When not otherwise specified, sampling and testing shall be in accordance with the methods prescribed in the current standards of ASTM applicable to the class and nature of the articles or materials considered. However, the ENGINEER will have the right to use any generally accepted method of testing that will ensure that the quality of materials, articles, or work is in full accord with the Specifications and Drawings.
3. The ENGINEER will have the right to select, test, and analyze, at the expense of the CITY, additional test specimens of the materials to be used. Results of these tests and analyses
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will be considered with the results of other tests or analyses, whether performed by the ENGINEER or the CONTRACTOR, to determine compliance with the applicable specifications for the materials.
6.5 INSPECTION BY THE ENGINEER
1. Materials and articles that are to be included in the works shall be subject to rigid inspection by the ENGINEER for conformance with the Specifications and Drawings. The CONTRACTOR shall plan for the inspections to be continuous, repetitive, and detailed.
2. Orders for materials, articles, and equipment shall note that the articles, materials, and equipment are subject to inspection and acceptance by the CITY, both during manufacture or fabrication and after delivery to the site.
3. When practicable and convenient for the ENGINEER, inspection will be made during the manufacture of the articles and equipment.
4. The location, alignment, grade, plumb, and other physical characteristics of formwork for concrete, items to be embedded in concrete and permanent improvements shall be subject to rigid survey verification.
5. Materials or articles shall not be incorporated in the work until they have been inspected by the ENGINEER.
6. After testing, work shall be covered or backfilled only with the approval of the ENGINEER.
6.6 FACILITIES FOR INSPECTION AND TESTING
1. The CONTRACTOR shall furnish the facilities, utilities, and assistance necessary for the safe and convenient performance of inspections and tests required by the Specifications or by the ENGINEER.
2. The CONTRACTOR shall provide adequate lighting, access, and ventilation for a safe working environment for inspections and tests.
3. The CONTRACTOR shall cooperate with the ENGINEER’s staff in the performance of their respective duties and shall provide qualified personnel to assist with the performance of tests and inspections by them.
4. When the Specifications require tests or inspections to be performed by the CONTRACTOR, the CONTRACTOR shall provide qualified personnel to perform them.
6.7 REJECTION OF WORK
1. The ENGINEER will have the right, at all times and in all places, to reject articles or materials to be furnished for the project that fail to meet the requirements of these Specifications. This shall be regardless of whether the defects in these articles or materials are detected at the point of manufacture or after completion of the work at the site.
2. The ENGINEER will be the sole judge as to the acceptable quality of materials, articles, and work. However, where the ENGINEER, through an oversight or otherwise, accepts material, articles, or work that is defective or that is contrary to the Specifications, the material, article, or work, no matter in what stage or condition of manufacture, delivery, or erection, may be rejected by the ENGINEER.
3. Promptly after notification of rejection by the ENGINEER, the CONTRACTOR shall remove rejected portions or items of materials, articles, or work to a satisfactory distance from the
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vicinity of accepted items and shall replace them.
6.8 FINAL INSPECTIONS AND ACCEPTANCE
1. Finals inspections for acceptance of materials, articles, equipment, and work will be made at the completion of all contract work.
2. A minimum of ten (10) working days prior to the estimated completions of the work, the CONTRACTOR shall notify the ENGINEER in writing of the pending completion of the entire work or an agreed portion thereof. The CONTRACTOR shall include with the notice a complete list of work items remaining to be completed.
3. On or about the CONTRACTOR’S estimated completion date, the ENGINEER will make a thorough inspection of the entire work. Defects or deficiencies noted during this inspection will be reported to the CONTRACTOR in writing.
4. If the ENGINEER determines the work to be complete, it will be accepted. If defects or deficiencies are noted during this inspection, they will be reported in writing to the CONTRACTOR. When the CONTRACTOR notifies the ENGINEER of the correction of these items, another final inspection will be scheduled.
5. The CONTRACTOR shall provide a CONTRACTOR’S Release as attached to this document as Attachment C at the end of the project.
(END OF SECTION)
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Attachment C
CONTRACTOR’S Release
Instructions to CONTRACTOR: With final invoice(s) submit one (1) original and two (2) copies. The original must bear the original signature of a person authorized to bind the CONTRACTOR. The additional copies may bear photocopied signatures.
Submission of Final Invoice: Pursuant to contract number __________ entered into between the City of McFarland and the CONTRACTOR (identified below), the CONTRACTOR does acknowledge that final payment has been requested via invoice number (s) _______________, in the amount(s) of $_____________ and dated ________________ . If necessary, enter “See Attached” in the appropriate blocks and attach a list of invoice numbers, dollar amounts and invoice dates.
Release of all Obligations: By signing this form, and upon receipt of the amount specified in the invoice number(s) referenced above, the CONTRACTOR does hereby release and discharge the City, its officers, agents and employees of and any and all liabilities, obligations, claims, and demands whatsoever arising from the above referenced contract.
Repayments Due to Audit Exceptions / Record Retention: By signing this form, CONTRACTOR acknowledges that expenses authorized for reimbursement does not guarantee final allow ability of said expenses. CONTRACTOR agrees that the amount of any sustained audit exceptions resulting from any subsequent audit made after final payment, will be refunded to the City.
All expense and accounting records related to the above referenced contract must be maintained for audit purposes for no less than three years beyond the date of final payment, unless a longer term is states in said contract.
Patents / Other Issues: By signing this form, CONTRACTOR further agrees, in connection with patent matters and with any claim that are not specifically released as set forth above, that it will comply with all of the provisions contained in the above referenced contract, including, but not limited to, those provisions relating to notification to the City and related to the defense or prosecution of litigation.
CONTRACTOR’S Legal Name (As on contract):
___________________________________________
Signature of CONTRACTOR or Official Designee:
________________________Date:________
Printed Name/Title of Person Signing:
____________________________________________
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7.0 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
7.1 SUBMITTALS
1. Drawings: The CONTRACTOR shall submit drawings showing the methods of temporary support and protection, along with calculations for the types of support structures of pipelines, utilities, and structures to remain in place or whose initial or subsequent alignment will be temporarily changed during construction.
2. Leases: If the CONTRACTOR elects to store materials or equipment at warehouses or yards on lands not owned by CITY, a copy of all leases shall be submitted.
7.2 CONTRACTOR’S WORK AND STORAGE YARD AREA
1. The CONTRACTOR shall locate offices, employee parking, storehouses, and storage areas for materials and equipment in the work and storage area.
2. The CONTRACTOR shall be responsible for the care of materials and equipment stored in the work and storage yard areas and warehouses, and for the proper maintenance of fencing and structures.
3. If the CONTRACTORS elect to store materials or equipment at warehouses or land not owned by the CITY, the lease or leases for such premises shall provide that the lesser notify the CITY immediately upon the CONTRACTOR’S default in the payment of rent on one or more of the leases.
a. CITY shall have the right to make payment of rent on behalf of the CONTRACTOR, shall be entitled to withhold from payments due the CONTRACTOR the amount paid, and shall, in addition, be entitled to withhold a sum sufficient to reimburse the CITY for expenses incurred in making the rent payments. b. A copy of all leases for yards or storehouses shall be submitted to the ENGINEER at the time of execution of the Contract or when the lease is executed whichever occurs last.
7.3 FIRE PROTECTION AND PREVENTION
1. All materials to be incorporated into the work shall be adequately protected against damage by fire. Hose connections and hose, water casks, chemical equipment, and other equipment required by local jurisdictions shall be provided for fighting fires.
2. The exhaust pipes of internal combustion engines used in the work shall be equipped with approved spark arresters.
7.4 DUST CONTROL
1. The CONTRACTOR shall provide effective measures to prevent operations from producing dust in amounts damaging to personnel, property, plants, or animals, and to prevent causing a nuisance to persons living or occupying buildings in the vicinity.
2. Areas used by the CONTRACTOR for construction roads or other purposes in connection with the work shall be given an approved dust inhibiting surface treatment to avoid production of dust. This surface condition shall be continuously maintained during the entire construction period. The CONTRACTOR’S construction facilities shall be operated in a manner ensuring minimum dust production.
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3. Trucks transporting soil, or cement, or debris shall be covered or moistened with water to suppress the dispersion of dust.
4. CONTRACTOR’S construction operations shall be in compliance with his Dust Control Permit at all times during the project.
7.5 LIGHT ABATEMENT
1. The CONTRACTOR shall exercise special care to direct floodlights to shine downward at an angle less than horizontal. These floodlights shall also be shielded to avoid a nuisance to the surrounding areas. No lighting shall include a residence in its direct beam. The CONTRACTOR shall correct lighting nuisance whenever it occurs.
7.6 AIR POLLUTION CONTROL
1. The CONTRACTOR shall not discharge smoke, dust, or other air contaminants into the atmosphere in a quantity that exceeds the legal limit.
2. The CONTRACTOR shall maintain equipment in proper mechanical adjustment to minimize the volume of exhaust emissions.
7.7 NOISE CONTROL
1. The CONTRACTOR shall conduct operations to abate noise and to minimize noise where complete abatement is not possible.
2. To limit noise, construction vehicle equipment shall be kept in proper working order for the duration of the construction activities.
7.8 CLEANING UP
1. During all phases of construction, including suspensions of the work, and until final acceptance the CONTRACTOR shall keep the site clean and free from rubbish and debris.
2. Upon completion of the work and before the final estimate is submitted, the CONTRACTOR shall satisfactorily dispose of or remove from the vicinity of the work all plants, buildings, rubbish, unused materials, concrete forms, and other equipment and materials used during construction.
3. If the CONTRACTOR fails to maintain the premises in a neat and clean condition or fails to remove and dispose of rubbish or materials at the completion of the project, the area may be cleaned and materials, equipment, and rubbish may be removed and disposed of by the CITY at the CONTRACTOR’S expense.
4. The CONTRACTOR will not be permitted to use CITY’S trash bins for disposal of trash or rubbish.
7.9 PROTECTION OF NEW AND EXISTING IMPROVEMENTS
1. The general locations of existing utility installations shown on the Drawings are those that are known to exist, but this listing shall not be construed as a complete listing.
2. Where existing piping, utilities, and structures are to remain in place, these facilities shall be temporarily supported and protected until the work has been completed, and compacted backfill has been placed to fully support them. Facilities adjacent to the work shall be protected in place when excavating in their vicinity. The support system shall prevent
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movement, dislocation, and deflection of the piping, utilities, and structures at all times.
Supports and protection shall be designed by a Civil Engineer currently registered in the State of California and shall be acceptable to the CITY of the improvement.
3. The CONTRACTOR shall cover and protect open holes at all times.
7.10 RESTORATION OF IMPROVEMENTS
1. Upon completion of the work, the CONTRACTOR shall reconstruct existing roads to a condition equivalent to that which existed before the start of work.
7.11 SECURITY
1. The CONTRACTOR shall prevent unauthorized personnel or vehicular entry into the project site.
2. The CONTRACTOR shall be responsible for providing security within the work site as the CONTRACTOR deems necessary for the protection of its own equipment, materials, or work from vandalism or theft. CITY will not be responsible for theft or damage to the CONTRACTOR’S equipment, materials, or work.
(END OF SECTION)
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8.0 MOBILIZATION AND DEMOBILIZATION
8.1 MOBILIZATION
Mobilization shall include moving onto the site; payment for bonds, ordering major equipment; furnishing construction equipment; and furnishing and erecting drilling equipment, temporary buildings, and other construction facilities for the performance and completion of the work and further specified in the Technical Specifications.
8.2 PAYMENT FOR MOBILIZATION
1. As soon as practicable after receipt of the Notice to Proceed, the CONTRACTOR shall submit a breakdown showing the relative value of each major component of mobilization and demobilization, including furnishing bonds, where the total of all these values is equal to the amount of Item No. 1 in the section titled “Schedule of Work Items” in the Bid Documents. This breakdown, when approved by the ENGINEER, shall be the basis for determination of percentage completion and progress payments for mobilization.
2. Progress payments for mobilization will be made on a percentage of completion basis of the price name in the “Bid Form” under Item No. 1.
3. The maximum amount allowed for Mobilization and Demobilization shall not exceed seven and one-half percent (7 ½ %) of the total bid.
(END OF SECTION)
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9.0 TEMPORARY UTILITIES AND SERVICES
9.1 REFERENCES
1. General
a. The publications listed below form a part of this specification to the extent referenced.
b. Where a date is given for reference standards, the edition of that date shall be used. Where no date is given for reference standards, the latest edition available on the date of Notice Inviting Bids shall be used.
2. National Fire Protection Association (NFPA)
a. National Electrical code (NEC).
9.2 SUBMITTALS
1. Plans: A plot plan drawing of temporary utility layouts shall be submitted to the ENGINEER’s field office. A single line diagram of the temporary construction power system shall be included.
2. Permits: The CONTRACTOR shall obtain and pay for all permits for temporary utilities and shall submit one copy of each permit to the ENGINEER’s field office.
9.3 WATER
1. CITY will furnish reasonable quantities for use in construction free of charge to the CONTRACTOR at locations designated by the ENGINEER and under the following terms and conditions:
a. The CONTRACTOR shall conserve water supplies and shall install approved meters to provide CITY with records of the volume of water used. Undue waste of water will be reason for CITY to close these sources to further use by the CONTRACTOR.
b. The method of pumping and the capacity and condition of pumps used by the CONTRACTOR shall be subject to the ENGINEER’s approval. c. The water sources to be designated by the ENGINEER will provide domestic quality water. However, in permitting the use of water, no representation is made that water will always be available from that source. During system shutdowns or other similar occasions, water may not be available for the CONTRACTOR’S use.
At these times, the CONTRACTOR shall provide water from its own sources.
2. The CONTRACTOR shall be solely responsible for the adequate functioning of its water supply system and shall be solely liable for claims or damage resulting from its use.
3. The CONTRACTOR shall provide and operate pumping plants, pipelines, valves, hydrants, storage tanks, and other equipment necessary to store and convey an adequate supply of water from the source to each work area. The design of the storage and conveyance system shall include consideration of the CONTRACTOR’S plan for fire protection. A reduced-pressure-principle backflow preventer or air gap shall be installed by the CONTRACTOR at each connection point of the CONTRACTOR’S water supply system to the source. The backflow preventer shall be tested by a certified backflow preventer
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assembly tester, and a copy of the report shall be provided to the ENGINEER. The CONTRACTOR shall provide secondary containment for canal-side pumps to ensure that no oil or other contaminants enter the water supply.
4. Treated and untreated water supply (if authorized) outlets shall be labeled in accordance with applicable laws and regulations.
9.4 ELECTRICITY
1. Electrical Power: The CONTRACTOR shall provide the power required for its operations.
The CONTRACTOR shall provide and maintain, in good order, power equipment and installations to perform the work required.
a. Construction Lighting: When work is permitted to be conducted at night or under conditions of deficient light, the work area shall be suitably lighted to afford adequate illumination for performance and inspection of the work. Lighting for construction activities shall be directed away from residential areas, public highways, and roads.
2. Construction Electrical Wiring and Equipment: Construction electrical wiring and equipment shall be in accordance with CCR Title 8 and NEC.
9.5 TELEPHONE
1. The CONTRACTOR shall provide and maintain the telephone equipment and service required for its operations. At all times during the progress of the work, not less than one telephone shall be maintained in good order at each work site.
2. Calls originated by CITY employees that involve toll or message unit charges shall be billed to CITY by the CONTRACTOR on an invoice substantiated by a copy of the telephone company billing.
9.6 SANITATION
1. The CONTRACTOR shall provide and maintain sanitary conveniences for the use of all persons employed on the work. They shall be in sufficient number and at such places as ordered or approved by the ENGINEER and shall be in accordance with CCR Title 8. a. Fixed or portable chemical toilets shall be provided wherever needed for the use of employees.
b. Washing facilities shall be provided wherever needed for the use of employees.
2. Sanitary fixtures, receptacles, toilet rooms, washrooms, and lavatories shall be kept clean and shall be frequently disinfected. The cleaning and disinfection of sanitary conveniences shall not be less than twice a week.
9.7 OTHER UTILITIES
1. The CONTRACTOR shall provide and maintain all other utilities required for its operations under the Contract.
9.8 REMOVAL OF TEMPORARY UTILITES
1. Each temporary utility shall be removed, as soon as the need for it has ended.
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2. The CONTRACTOR shall remove the CONTRACTOR’S field office promptly upon written direction from the ENGINEER. Utility services shall be disconnected and capped. The area shall be restored, clean and free of any evidence of scarred landscape or damage to the surrounding vegetation.
(END OF SECTION)
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10.0 ACCESS, PARKING, AND TRAFFIC
10.1 REFERENCES
1. General
a. The publications listed below form a part of this specification to the extent referenced.
b. Where a date is given for reference standards, the edition of the date shall be used.
Where no date is given for reference standards, the latest edition available on the date of the Notice Inviting Bids shall be used.
2. Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones.
10.2 SUBMITTALS
1. The CONTRACTOR shall submit a copy of the haul route permit, if applicable.
10.3 ACCESS TO WORK SITE
1. The CONTRACTOR shall coordinate with the ENGINEER to determine appropriate routing of vehicles and personnel to and from the project.
2. In case of need to enter the site after normal working hours, access shall be arranged in advance with the ENGINEER.
3. The CONTRACTOR shall confine its activities and operations within the work area shown on the Drawings except as otherwise permitted by the ENGINEER.
10.4 TRAFFIC CONTROL
1. The CONTRACTOR shall be responsible for the safe movement of vehicular traffic to and from the worksite, including traffic control measures required to ensure safe passage of vehicles and equipment.
2. Traffic control shall be in accordance with CCR Title 8. a. At least one (1) flagman shall be provided at each intersection during periods when the CONTRACTOR’S vehicular activity may conflict with other traffic along roads. b. The flagman shall ensure that the right-of-way is granted to loaded vehicles and shall provide for safety of all users of the road.
3. Traffic control and signage shall be in accordance with Manual of Traffic Control for Construction and Maintenance Work Zones.
4. Contractor shall obtain an encroachment permit from the County of Kern and/or the City of McFarland and shall prepare and obtain approval of the Plan from the appropriate authorities (see Section 11.0, “Traffic Regulation”).
10.5 HAUL ROUTES
1. If a permit is required by local authorities for off-site hauling of materials, the CONTRACTOR shall prepare the truck-routing plan, obtain the permit, and submit a copy of the permit to the ENGINEER before construction begins.
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2. The plan shall include provisions for cleaning soil and rock from the truck route.
3. Consideration shall be given to weight restrictions on all roads.
4. The CONTRACTOR shall obtain approval of the local authority for construction signage along the haul route to notify the public of the potential for delay.
5. The CONTRACTOR shall inform the ENGINEER and local authorities when hauling operations are to begin and end.
10.6 ACCESS ROADS
1. Throughout the entire Contract period, the CONTRACTOR shall share access roads, both those constructed by the CONTRACTOR or otherwise provided for CONTRACTOR’S use, with the CITY and other CONTRACTORS whose work is adjacent to the CONTRACTOR’S work.
a. Coordination with other CONTRACTORS shall be the responsibility of the CONTRACTOR. In case of conflicts or disputes, the Engineer’s decision will be final.
b. The CONTRACTOR shall be responsible for the maintenance and upkeep of access roads constructed by the CONTRACTOR.
c. The CONTRACTOR shall provide dust control on project site access roads used in CONTRACTOR operations and on those roads subject to dust because of conditions created by the work.
(1) Roads shall be sprayed by water truck at least daily or more frequently during actual haul operations.
d. If any paved access roads become damaged during the work, the CONTRACTOR shall promptly repair them with equivalent surfacing.
10.7 PARKING
1. On-site parking areas for CONTRACTOR personnel shall be limited to the areas approved by the CITY.
a. Parking areas required in excess of those areas shown shall be developed by the CONTRACTOR, off-site, at the CONTRACTOR’S expense.
b. The CONTRACTOR shall provide transportation for personnel from parking areas to the work areas.
c. The CONTRACTOR’S personnel, suppliers, and delivery vehicles shall not park anywhere other than areas approved by the CITY within the project site fencing. d. At the CONTRACTOR’S option, the CONTRACTOR’S personnel may park in the area designated for CONTRACTOR storage.
(END OF SECTION)
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11.0 TRAFFIC REGULATION
11.1 DESCRIPTION
This Section describes procedures for traffic regulation during construction in public streets and highways, if applicable as determined by the CITY.
11.2 STANDARD SPECIFICATIONS
Wherever reference is made to the State Specifications and Plans, such reference shall mean the State of California, Business and Transportation CITY, Department of Transportation Standard Specifications and Plans, 1992 edition for English units.
11.3 SUBMITTALS
The CONTRACTOR shall provide a complete plan for traffic control during the project to the CITY prior to the execution of work, if applicable.
11.4 MEASUREMENT AND PAYMENT
Payment for conforming to all of the traffic control requirements of these Specifications shall be considered to be included in the contract unit or lump-sum price paid for the various items of work wherein maintenance of traffic and detours is required and no additional allowance will be made therefore.
11.5 GENERAL
1. Provide safe and continuous passage for pedestrian and vehicular traffic at all times.
2. Control traffic at those locations indicated and in conformance with the approved traffic control plans and specifications.
3. Furnish, construct, maintain, and remove detours, road closures, traffic signal equipment, lights, signs, barricades, fences, K-rail, flares, solar-powered flashing arrow signs, miscellaneous traffic devices, flagmen, drainage facilities, paving, and such other items and services as are necessary to adequately safeguard the public from hazard and inconvenience. All such work shall comply with the ordinances, directives, and regulations of authorities with jurisdiction over the public roads in which the construction takes place and over which detoured traffic is routed by the CONTRACTOR. After devices have been installed, the CONTRACTOR shall, at his own expense, maintain and keep them in good repair and working order until no longer required. The CONTRACTOR shall also pay the cost of replacing such devices that are lost or damaged, to such an extent as to require replacement, regardless of the cause of such loss or damage.
4. Prior to the start of construction operations, notify the police, and fire department in whose jurisdiction the project lies, giving the expected starting date, completion date, and the names and telephone numbers of two responsible persons who may be contacted at any hour in the event of a condition requiring immediate emergency service to remove, install, relocate, and maintain warning devices. In the event these persons do not promptly respond or the authority deems it necessary to call out other forces to accomplish emergency service, the CONTRACTOR will be held responsible for the cost of such emergency service.
5. Provide a minimum of 48 hours' notice to the city for any work which may affect signal loops, equipment, or devices. In the event that any underground utilities, traffic devices, pipes, or conduits are damaged and require emergency repair by the respective utility owner, all costs incurred by the utility owner in making such repairs, plus 5% percent for
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administration costs, shall be paid by the CONTRACTOR.
6. Post the construction information signs specified in Paragraph 1.06.B at least three (3) weeks prior to construction.
11.6 TRAFFIC CONTROL DEVICES AND SIGNS
1. Traffic control devices and temporary striping shall conform to the State Standard Plans and Specifications. Construction signs shall conform to the latest edition of the State of California Sign Specification Sheets.
2. The placement of construction signing, striping, barricades, and other traffic control devices used for handling traffic and public convenience shall conform to the latest edition of the State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones".
3. Signs shall be illuminated or reflectorized when they are used during hours of darkness.
Cones and portable delineators used for night lane closures shall have reflective sleeves.
Barricades used in the diversion of traffic shall be equipped with flashers if in place during hours of darkness.
4. During the duration of a detour, cover all existing signs not in accordance with the traffic control plan. Existing signs which are in force shall be relocated to provide visibility from all relocated traffic lanes.
(END OF SECTION)
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12.0 DELIVERY, STORAGE, AND HANDLING
12.1 SUBMITTALS
1. Product Data: Two copies of the manufacturer’s printed recommendations for storage, handling, and protection of materials articles and equipment to be incorporated in the work shall be submitted a minimum of thirty (30) days prior to the receipt of the material, article, or equipment at the site.
2. Test Reports and Certifications: Items requiring certification or mill test reports shall not be delivered or unloaded until 3 copies of the certification or mill test report have been delivered to the ENGINEER’s field office.
12.2 GENERAL
1. Materials, articles, and equipment shall be delivered, stored, and handled in accordance with these Specifications and the printed recommendations of the manufacturer; using means and methods that will prevent damage, deteriorations, and loss, including theft.
12.3 DELIVERY
1. Delivery shall be scheduled to minimize long-term storage at the site and to prevent overcrowding of construction spaces. Special emphasis shall be placed on ensuring minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, or other losses.
2. Items shall be delivered to the site in the manufacturer’s original sealed container or packaging system, complete with legible and intact labels and instructions for handling, protecting, storing, and unpacking. The label shall include the manufacturer’s name, product name, manufacturing batch number (if appropriate), expiration date, ANSI hazard classification and ANSI handling precautions, if applicable.
12.4 STORAGE
1. Item subject to damage by the elements shall be stored in a warehouse or within a weatherproof enclosure or wrap that has adequate ventilation to prevent condensation.
Flammable materials shall be stored in a separate area. Temperature and humidity shall be maintained within the range required by the manufacturer’s printed recommendations.
2. Materials and equipment that are to be included in the CONTRACTOR’S estimate for partial payment shall be stored in a manner that will facilitate inspection and inventory.
Items requiring periodic maintenance or inspection shall be stored in a manner that will facilitate these operations.
3. If the ENGINEER determines that satisfactory storage of an item is not being provided by the CONTRACTOR, the ENGINEER may direct the CONTRACTOR to provide additional protection. If the CONTRACTOR fails to provide the additional protection, protection may be provided by CITY. The cost for providing the protection may be charged to the CONTRACTOR or deducted from payment due the CONTRACTOR.
4. Installed items shall have protection provided equivalent to that specified above, with additional regard for possible damage or loss due to continuing construction operations.
5. The CONTRACTOR shall be responsible for the security of all on-site and off-site materials, articles, and equipment. Items that are lost, stolen, or damaged, prior to the acceptance of the project by the CITY, shall be replaced by the CONTRACTOR at no cost
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to the CITY.
12.5 HANDLING
1. CONTRACTOR shall supply appropriate equipment and personnel to handle materials, articles and equipment in a safe manner and in a manner that will not cause damage to the product, to the environment, to work in progress, or to work in place. (END OF SECTION)
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13.0 CLEANING DURING CONSTRUCTION & FINAL CLEANING
13.1 GENERAL
1. This Section includes cleaning during construction and final cleaning on completion of the work.
2. At all times maintain areas covered by the Contract and adjacent properties and public access roads free from accumulations of waste, debris, and rubbish caused by construction operations.
3. Conduct cleaning and disposal operations to comply with local ordinances and antipollution laws. Do not burn or bury rubbish or waste materials on project site. Do not dispose of volatile wastes, such as mineral spirits, oil, or paint thinner, in storm or sanitary drains. Do not dispose of wastes into streams or waterways.
4. Use only cleaning materials recommended by manufacturer of surface to be cleaned.
13.2 CLEANING DURING CONSTRUCTION
1. During execution of work, clean site, adjacent properties, and public access roads and dispose of waste materials, debris, and rubbish to assure that buildings, grounds, and public properties are maintained free from accumulations of waste materials and rubbish.
2. Wet down dry materials and rubbish to lay dust and prevent blowing dust.
3. Provide containers for collection and disposal of waste materials, debris, and rubbish.
4. Cover or wet excavated material leaving and arriving at the site to prevent blowing dust.
Clean the public access roads to the site of any material falling from the haul trucks.
13.3 FINAL CLEANING
1. At the completion of work and immediately prior to final inspection, clean the entire project site as follows.
2. Clean, sweep, and pick-up all work, equipment, and trash from the area.
3. Grade project site to be smooth, flat and uniform as approved by the ENGINEER.
4. Ensure that all holes, tubes, and casings are adequately capped and covered to prevent access to openings as approved by the ENGINEER.
5. Remove from the site all temporary - structures and all materials, equipment, and appurtenances not required as a part of, or appurtenant to, the completed work.
6. Wash down all paved areas and remove all sediment and debris for the project area. (END OF SECTION)
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14.0 CONTROL OF THE WORK
14.1 AUTHORITY OF ENGINEER
The ENGINEER is defined as the person or firm authorized by the CITY to represent it during the performance of the work by the CONTRACTOR. The ENGINEER shall include persons, designated by the ENGINEER in writing to the CONTRACTOR, expressly authorized to act for the ENGINEER when the ENGINEER is not available to make decisions or take action required of the ENGINEER under the Contract Documents. The ENGINEER has the authority to 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 arise as to the interpretation of these Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the CONTRACTOR; and all questions as to compensation. The ENGINEER’s decision shall be final and not subject to appeal to CITY staff or council. The ENGINEER shall further have the authority to implement decisions by direction to the CONTRACTOR which CONTRACTOR shall carry out promptly.
14.2 USE OF MATERIALS FOUND ON THE PROJECT SITE
The CITY does not warrant the suitability of any native material on the Project Site for use in the Project. The CONTRACTOR, with the approval of the ENGINEER, may use in the proposed construction such stone, gravel, sand or other material as may be found on the Project Site and deemed suitable in the opinion of the ENGINEER. The CONTRACTOR shall replace at his/her own expense all of that portion of the material so removed and used with other suitable material. No charge for native materials so used will be made against the CONTRACTOR. The CONTRACTOR shall not excavate or remove any material from any roadway location that is not within the excavation, as indicated by the slope and grade lines shown on the Contract Drawings, without written authorization from the ENGINEER.
14.3 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS
Pipes, canals, structures and finished surfaces in all cases shall conform to the lines, grades, crosssections and dimensions shown on the Plans. Deviations from the Contract Drawings as may be required by the exigencies of the construction will be in all cases determined by the ENGINEER and authorized in writing only.
14.4 COORDINATION OF GENERAL CONDITIONS, SPECIAL PROVISIONS, PLANS AND
DRAWINGS
These General Conditions, Special Provisions, Technical Provisions, Plans, Drawings, Contract Change Orders, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one (1) is as binding as though occurring in all. All parts are intended to be cooperative and to describe and provide for a complete work. In the event of conflict between Sections, the most stringent requirements shall apply.
14.5 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
Should it appear that the work to be done, or any matter, is not sufficiently detailed or explained in the Contract Documents, 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, so far as may be consistent with the CITY’S original intent. Any reference made in these Specifications or on the Drawings to any specification, standard, method, or publication shall be understood to refer to the latest revision of the reference. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.
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14.6 SUPERINTENDENCE
Before starting work, the CONTRACTOR shall designate in writing an authorized representative who shall have complete authority to represent and act for the CONTRACTOR. An authorized representative of the CONTRACTOR shall be present at the Project Site at all times while work is in progress. Whenever the CONTRACTOR is not present on any part of the work where his/her presence may be desired to give direction, orders may be given by the ENGINEER in writing, and shall be received and obeyed by the superintendent or foreperson in charge of the particular work in reference to which orders are given. The ENGINEER shall have the authority to remove from the Project any employee of CONTRACTOR or any subcontractor, including, without limitation, any superintendent, foreman or other authorized representative, who refuses to obey an order or otherwise delays or disrupts the Project.
The CONTRACTOR shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but the CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction where indicated in and required by the Contract Documents.
The CONTRACTOR shall be responsible to see that the completed work complies with the Contract Documents.
14.7 INSPECTION
One (1) or more inspectors may be assigned to observe the work and to act in matters of construction under this Contract. Such inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the ENGINEER. Such inspection shall not relieve the CONTRACTOR of the obligations to conduct comprehensive inspections of the work, to furnish materials, to perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract. Neither the inspection by the CITY through the ENGINEER, the CITY Inspector or any CITY employees, nor any order by the CITY for payment of money, nor any payment for, or acceptance of, the whole or any part of the work by the CITY, nor any extension of time, nor any possession taken by the CITY or its employees, shall operate as a waiver of any provision of this Contract, or any power herein reserved to the CITY or any right to damages herein provided, nor shall any waiver of any breach in this Contract be held to be waiver of any other or subsequent breach.
14.8 FINAL INSPECTION
When the Contract work has been completed, the CONTRACTOR shall file notification in writing with the ENGINEER, and the ENGINEER will make a final inspection.
14.9 REMOVAL OF DEFECTIVE OR 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 for such removal or replacement. Any work done beyond the lines and grades shown on the Contract Drawings or established by the ENGINEER, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the CONTRACTOR’s expense. Upon failure on the part of the CONTRACTOR to comply promptly with any order of the ENGINEER made under the provisions of this article, the ENGINEER shall have the authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs from any monies due or which become due the CONTRACTOR.
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14.10 EQUIPMENT
The CONTRACTOR shall provide adequate and suitable equipment to produce the quality and quantity of work required, and, when ordered by the ENGINEER, shall remove unsuitable equipment from the site. All vehicles used to haul materials over existing highways shall be equipped with pneumatic tires.
14.11 RIGHT OF CITY TO TERMINATE CONTRACT
14.11.1 Termination for Convenience - The CITY may terminate this Contract in whole or in part at any time by written notice to the CONTRACTOR, if the CITY determines that termination is in its interest or the public interest. If the Contract is so terminated CONTRACTOR shall be entitled to payment for all work performed acceptably and to payment for all acceptable goods or services ordered by and delivered to CONTRACTOR before receipt of the written notice of termination, and to all reasonable costs of closing out the Contract, provided that CONTRACTOR provides a final itemized invoice for the above amounts within thirty (30) days after receiving the termination notice.
CONTRACTOR shall not be entitled to its as-bid profit for the project or any work not performed.
Profit on work performed shall be paid at the contract rates for time-and-materials extra work, provided that no profit shall be paid for mobilization, record Drawings, or O&M Manual line items, as applicable.
14.11.2 Termination for Cause - If the work to be done under this Contract shall be abandoned by the CONTRACTOR, or if this Contract shall be assigned by CONTRACTOR otherwise than as herein provided, or if a general assignment of assets be made for the benefit of creditors, or if a receiver should be appointed for the CONTRACTOR or any of CONTRACTOR’s property, or if at any time the ENGINEER finds that the performance of the work under this Contract is being unnecessarily delayed or that the CONTRACTOR is violating any of the conditions or covenants of this Contract, or executing the same in bad faith or otherwise not in accordance with the terms of said Contract, or if the work be not substantially completed within the time named for its completion or within the time to which such completion date may be extended, then the CITY may serve written notice upon the CONTRACTOR and his/her Surety of said CITY’S intention to terminate this Contract and, unless within five (5) days after the serving of such notice upon the CONTRACTOR, a satisfactory arrangement is made for the continuance thereof, this Contract shall cease and terminate. In the event of such termination, the CITY will immediately serve notice thereof upon the Surety and the CONTRACTOR, and the Surety shall have the right to take over and complete the work; provided, however, that if the Surety does not commence performance within fifteen (15) days from the date of said notice of termination, the CITY may take over the work and prosecute same to completion, by Contract or otherwise, for the account and at the expense of the CONTRACTOR, and the CONTRACTOR and its Surety shall be liable to the CITY for any and all excess costs sustained by the CITY by reason of such prosecution and completion, including, without limitation, all costs incurred by reason of termination and all damages, including liquidated damages, from late completion. In such event the CITY may take possession of, and utilize in completing the work all such plant materials, equipment, and tools as may be on the work site and necessary therefore.
14.12 CONTRACTOR’S RIGHT TO TERMINATE CONTRACT
If the work shall be stopped in its entirety under an order of any court or other public authority for a period of three (3) months through no act or fault of the CONTRACTOR or of anyone employed by him/her, then the CONTRACTOR may on seven (7) days’ written notice to the CITY, stop work or terminate this Contract and recover from the CITY payment for all work executed, any losses sustained on any material, and a ten percent (10%) profit on work performed.
14.13 SUSPENSION OF WORK
The CITY reserves the right to suspend and reinstate execution of the whole or any part of the work contracted without invalidating the provisions of the Contract in any way.
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Orders for suspension or reinstatement of work will be issued by the CITY to the CONTRACTOR in writing. The time for completion of the work so suspended shall be extended for a period equal to the time lost by reason of the suspension.
Extra direct costs and expenses not including lost profit and/or overhead costs which, in the opinion of the ENGINEER, are caused by work suspensions so ordered by the CITY will be paid by the CITY to the CONTRACTOR.
14.14 CONSTRUCTION WATER
Water for construction and testing purposes required by the Contract Documents at the Project Site will be available during normal working hours from the CITY’S system as approved by the CITY at no cost to the CONTRACTOR. Arrangements and verifications as to the sources, locations, and times for water use by the CONTRACTOR shall be made with the CITY prior to any and all water use. The CONTRACTOR shall make all arrangements and supply all pumps, hoses, fittings, or other related items for drawing water at no cost to the CITY. Any costs of water for repair of defective work, re-testing of rejected work, clean up of CONTRACTOR’s equipment or repair of damage to property of third parties, shall be borne by CONTRACTOR. (See also Section 9.3 “Water” herein)
14.15 EROSION AND SEDIMENT CONTROL
All actions and costs for erosion and sedimentation control shall be the responsibility of the CONTRACTOR.
The CONTRACTOR shall provide all reasonable erosion and sedimentation control measures that may be required by the state, county, and/or local jurisdictions and to protect disturbed ground from erosion and watercourses from sedimentation. Areas of clearing, grading and/or other disturbance shall be confined within the limits shown on the plans, or as marked by the ENGINEER, to prevent undue damage by construction.
Precautions shall be taken by the CONTRACTOR to ensure that vehicles and equipment do not track and/or spill earth and/or materials onto public and/or private streets, roads, or rights-of-way. Any spillage and/or tracking shall be immediately removed should erosion and/or sediment discharge occur, even on a temporary basis, control measures shall immediately be taken by the CONTRACTOR to avoid further problems.
Proper erosion control measures and practices shall be followed during construction. An Erosion and Sediment Control Plan shall be submitted to the CITY for its records not later than ten (10) days before implementing any erosion control measures or practices included in the plan. CONTRACTOR shall be responsible for the filing of all notices required by the State Water Resources Control Board for the compliance with all permits applicable to storm water and erosion control during construction.
14.16 SURFACE RESTORATION
Surface restoration shall be defined as that work necessary to restore the excavated area above backfill and the scarred surrounding work areas to a condition equivalent to or better than existed prior to the construction. This may include pavement replacement, seeding, shrub and plant replacement, and restoration of ditches and drainage areas.
The replacement of grass and/or wild flowers shall be accomplished by seeding. The kind and type of seed is to be determined by the ENGINEER. Replacement of plants and shrubs shall be required where the easement travels through a developed parcel. In this case the CITY or Developer and CONTRACTOR shall agree before proceeding as to which plants and shrubs shall be saved or replaced.
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The restoration of trench surfaces shall include measures to prevent surface erosion of the trench.
This shall include seeding, cutoff walls, surface header boards, water bars, interceptor dikes, gravel filter dikes, or rip rap energy dissipaters. These measures shall be used as required to prevent surface erosion.
14.17 POLLUTION CONTROL
Water - Oily or greasy substances, or other materials harmful to fish life, originating from the CONTRACTOR’s operation shall not be allowed to enter or be placed where they may later enter any river, creek, canal, stream, or other water way. The CONTRACTOR shall not increase the turbidity of any watercourse flowing past the construction site unless precautions are taken downstream of the work to limit the increase in turbidity to a maximum of 25 Jackson Turbidity Units. CONTRACTOR shall be responsible for preparing a Storm Water Pollution Prevention Plan (SWPPP) and complying with such plan during the construction project.
Noise - It shall be the CONTRACTOR’s responsibility to keep noise pollution due to construction activities as low as possible. In no case shall noise levels produced by the CONTRACTOR exceed any of these maximums or the Community Standards whichever are more stringent:
14.17.1 No individual piece of equipment shall produce a noise level exceeding 55 dBA at a distance of twenty-five feet (25'). Equipment in excess of this level shall be mitigated with the use of sound barrier walls.
14.17.2 The noise level at any point outside the right-of-way or temporary construction area shall not exceed 55 dBA during non-working hours. No equipment violating these standards shall be allowed to operate. Operations in excess of this level shall be mitigated with the use of sound barrier walls.
Air - The CONTRACTOR shall comply with all state and local pollution control regulations. No burning shall be allowed on the Project. Idling of internal combustion engines shall be held to an absolute minimum. All work shall conform to the San Joaquin Valley Air Pollution Control CITY (SJVAPCD) and the California Air Resources Board (CARB). CONTRACTOR shall be responsible for preparing a Dust Control Plan and obtaining permits, if necessary, and shall be responsible for all associated costs.
14.18 SITE SECURITY
The CONTRACTOR shall provide in advance of starting construction, a list of all employees and vehicles that need access to the site. The CONTRACTOR shall provide periodic updates to this list. The CONTRACTOR shall provide a list of all scheduled deliveries to the Project Site. This list shall include the items to be delivered, the name of the delivery company and the time the delivery is to be made.
All access gates to the Project Site are to remain closed and locked at all times that traffic is not using the gates. The CONTRACTOR will be assigned a specific access point at the Project Site. The CONTRACTOR may provide security personnel for access control during Project work hours.
It is the CONTRACTOR’s sole responsibility to secure all equipment, material, tools and other items used during the execution of the Contract.
14.19 HAZARDOUS WASTES AND UNFORESEEN CONDITIONS
In accordance with Section 7104 of the California Public Contract Code, if the work contemplated hereunder involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY, in writing, of any: (I) material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (ii) subsurface
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or latent physical conditions at the site differing from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
The CITY will promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work shall issue a change order under the procedures described in this Contract. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
14.20 EXISTING UTILITIES
The CONTRACTOR shall contact the following parties to ascertain and verify the existence and location of utility lines and facilities and shall coordinate all work in accordance with the information obtained from such inquiries in order to prevent damage to such lines and facilities.
Underground Service Alert (USA) (1-800-642-2444)
Prior to conducting any excavation, the CONTRACTOR shall contact the appropriate regional notification center as required by Government Code Section 4216 et seq. In accordance with Government Code Section 4215, the CONTRACTOR shall be compensated for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work; provided that the CONTRACTOR shall first notify the CITY before commencing work on locating, repairing damage to, removing or relocating such utilities.
Any sewer crossings shall conform to the State Health Department regulations for water/sewer separation and materials. Cost for special pipeline materials to meet Health Department regulations, and repair of services damaged shall be included in the cost of the bid items to which the work is appurtenant.
No separate payment will be made.
The ENGINEER or his/her representative has endeavored to determine the existence of utilities at the work site from the records of the CITY’s of known utilities in the vicinity of the work. The positions of these utilities, as derived from such records, are shown on the Plans. The service connections to these utilities may not be shown on the Plans.
The CONTRACTOR shall make his/her own investigations, including exploratory excavations, to determine the locations and type of existing service laterals or appurtenances when their presence can be inferred from the presence of other visible facilities, such as buildings, meters and junction boxes, on or adjacent to the work site.
14.21 SUBCONTRACTS
The attention of the CONTRACTOR is directed to the provisions of Public Contract Code Sections 4100-4114, regarding subcontracting and said provisions are by this reference incorporated herein and made a part hereof.
Each Subcontract shall contain a suitable provision for the suspense or termination thereof should the work be suspended or terminated or should the subcontractor neglect or fail to conform to every provision of the Contract Documents insofar as such provisions are relevant. No subcontractor or supplier
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will be recognized as such, and all persons engaged in work will be considered as employees of the CONTRACTOR, and the CONTRACTOR will be held responsible for their work, which shall be subject to the provisions of the Contract Documents. The CONTRACTOR shall be fully responsible to the CITY for the acts or omissions of his/her subcontractors and the persons either directly or indirectly employed by him/her. Nothing contained in the Contract Documents shall create any contractual rights for a subcontractor against the CITY. If a legal action, including arbitration and litigation, against the CITY is initiated by a subcontractor or Supplier, the CONTRACTOR shall reimburse the CITY for the amount of legal, engineering and all other expenses incurred by the CITY in defending itself in said action.
The CITY and the ENGINEER reserve the right to approve all subcontractors. The CITY and the ENGINEER shall have the right to cause the CONTRACTOR to remove subcontractors and have them replaced with subcontractors approved by the CITY and the ENGINEER. (END OF SECTION)
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15.0 CONTROL OF MATERIALS
15.1 STORAGE OF MATERIALS
Materials shall be stored to ensure the preservation of their quality and fitness for the work. When considered necessary by the ENGINEER, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground. They shall be placed under cover when so directed. Stored materials shall be located to facilitate prompt inspection. Materials shall not be located or stored where detrimental to traffic and pedestrians. All material paid for as “Materials on Hand” shall be securely stored and shall be covered by the CONTRACTOR’s fire and theft insurance.
15.2 DELIVERY OF MATERIALS
The CONTRACTOR shall furnish the ENGINEER with a duplicate delivery ticket for all materials to be used in the work. The delivery tickets shall show the quantity and type of materials to be used in the work.
15.3.1 MATERIALS AND EQUIPMENT
Unless specifically provided otherwise in each case, all materials and equipment furnished for permanent installation in the work shall be new, unused and undamaged when installed or otherwise incorporated in the work.
15.4 MATERIALS SPECIFIED
Whenever any material, process, or article is indicated or specified by grade, patent or proprietary name, or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the materials, process, or articles desired and shall be deemed to be followed by the words “or (approved) equal,” and the CONTRACTOR may offer any material, process, or article which shall be substantially equal or better in every respect to that so indicated or specified; provided, however, that if the material, process, or article offered by the CONTRACTOR is not, in the opinion of the ENGINEER, equal or better in every respect to that specified, then the CONTRACTOR must furnish the material, process, or article specified or one that in the opinion of ENGINEER is the substantial equal or better in every respect. In the event that the CONTRACTOR furnishes material, process, or article more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by the CONTRACTOR.
All materials, equipment, and supplies provided shall, without additional charge to CITY, fully conform to all applicable state and federal safety laws, rules, regulations, and orders, and it shall be CONTRACTOR’s responsibility to provide only such materials, equipment, and supplies notwithstanding any omission in the Contract Documents therefore or that a particular material, equipment, or supply was specified.
In accordance with Section 3400 of the Public Contract Code, the CONTRACTOR shall submit data substantiating requests for substitution of “equal” items within thirty-five (35) days after award of the Contract.
15.5 REMOVAL OF DEFECTIVE OR UNAUTHORIZED MATERIALS
The CONTRACTOR, upon written notice from the CITY, shall remove from the premises all materials condemned or rejected by the CITY, as defective, unsound, or improper, or in any way failing to conform to the requirements of the Contract Documents. The CONTRACTOR shall at his/her sole expense, make good all work destroyed or damaged by such removal, and promptly replace materials damaged or improperly worked by him/her and re-execute his/her own work in accordance with the Contract without expense to the CITY. This includes re-executing or replacing the work of any other contractor that is in any way affected by the removal of such defective work of the CONTRACTOR. The obligations of the CONTRACTOR under this Section shall not extend to defective materials or equipment supplied by the
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CITY for incorporation into the work performed under this Contract. If the CONTRACTOR does not respond within ten (10) days after written notice, the CITY may remove and replace such materials at the expense of the CONTRACTOR.
15.6 SUBMITTALS
Submittals will be required for all materials, equipment, fabricated articles and purchased items.
No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the ENGINEER and returned to the CONTRACTOR with a notation indicating that resubmittal is not required. Submittals required by the Specifications shall be in accordance with this section, the Technical Specifications, and Section 4.0 of the General Conditions titled “Submittals”, unless otherwise specified. Submittals not in accordance with the section requiring the submittal will be returned to the CONTRACTOR as unsatisfactory. Prior to transmission to the ENGINEER, the CONTRACTOR shall carefully review each submittal to confirm that it is complete and to verify whether or not the proposed items of work conform to Contract requirements. Each submittal shall be dated, signed, and certified by the CONTRACTOR as being correct and in conformance with the Drawings and the Specifications.
The ENGINEER will not review any items which have not been certified by the CONTRACTOR. All non-certified submittals will be returned to the CONTRACTOR without action taken by the ENGINEER, and any delays caused thereby shall be the responsibility of the CONTRACTOR. Items that are not in accordance with the Contract requirements shall be conspicuously noted as such. The CONTRACTOR shall identify each proposed deviation on the corresponding letter of transmittal and include a written explanation of the necessity for each deviation with the letter of transmittal. Deviations that are not conspicuously marked on both the letter of transmittal and the corresponding drawing or data will be deemed to have been disapproved by the ENGINEER or not reviewed by the ENGINEER.
Only those products that have been approved at the time of opening bids will be acceptable for use in the work; except, products may be approved after the bid opening date when there is sufficient time within the Contract period to permit testing and qualification.
Criteria pertaining to the qualification of products may be obtained from the ENGINEER. No extension of time will be granted for the purpose of testing and qualifying proposed products. If the CONTRACTOR believes that any shop drawing or communication relative thereto calls for changes in the work for which the Contract amount or time for completion should be changed, he/she shall not proceed with the changes in the work so called for and shall promptly notify the ENGINEER in writing of his/her estimate of the changes in the Contract amount and time for completion he/she believes to be appropriate The CONTRACTOR shall refer to Section 4.0 of the General Conditions, “Submittals” and the Technical Specifications for project specific submittal requirements.
15.7 MANUALS AND RECORD DRAWINGS
Service and Parts Manuals - The CONTRACTOR shall furnish the CITY four (4) copies of all installation, operation, and service manuals, with a parts list for each piece of equipment furnished. The service and parts manuals shall be labeled, indexed, and organized in three (3)-ring binders.
Record Drawings - On the job, the CONTRACTOR shall maintain an up-to-date marked set of the As-Built Contract Drawings, showing the location and details of any changes made during construction.
The CONTRACTOR shall give the CITY a clean, marked set of the As-Built Contract Drawings showing construction changes before final payment and acceptance of the work. These shall be received and approved by the ENGINEER prior to final acceptance of electrical work.
15.8 PLACING WORK IN SERVICE
If desired by the CITY, portions of the work may be placed in service when completed, and the CONTRACTOR shall provide proper access to the work for this purpose. Nothing in this article shall be
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construed as relieving the CONTRACTOR of the full responsibility for completing the work in its entirety, for making good all defective work and materials, for protecting the work from damage, and for being responsible for damage and for the work as set forth in the General Provisions and other Contract Documents, nor shall such action by the CITY be deemed completion and acceptance, and such action shall not relieve the CONTRACTOR, his/her sureties, or insurers of the provisions as outlined in the Contract Document Sections titled “Contractor’s Certificate Regarding Worker’s Compensation Insurance”, “Worker’s Compensation and Employer’s Liability Certificate of Insurance”, “Worker’s Compensation and Employer’s Liability Insurance Endorsement”, “Liability Insurance Certificate of Insurance”, “Liability Insurance Endorsement”, “Builders’ Risk “All Risk” Certificate of Insurance”, and “Builders’ Risk “All Risk” Insurance Endorsement” on CONTRACTOR’S INSURANCE, and the article on INDEMNIFICATION. (END OF SECTION)
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16.0 WARRANTIES AND REPAIRS
The CONTRACTOR hereby agrees to pay to the CITY, or to make at his/her own expense, all repairs, replacements or payments necessitated by defects in materials or workmanship supplied under the terms of this Contract which exist within one (1) year after the date of final acceptance of the work. This agreement shall cover defects which shall be in existence during such one (1) year period but which shall not become apparent until thereafter. The CONTRACTOR shall be fully responsible for all direct and indirect damages and expenses to the CITY proximately caused by such defects in materials or workmanship including defects in materials or workmanship supplied to the CONTRACTOR by any subcontractor or manufacturer of equipment. As to any equipment which bears a guarantee or warranty in writing or by law for a period longer than one (1) year, CONTRACTOR hereby stipulates and agrees that such guarantee shall inure to the benefit of the CITY for such longer period. The effective date for the start of the guarantee or warranty period shall be the date of recordation of the Notice of Completion. The CONTRACTOR also agrees to hold the CITY harmless from liability of any kind arising from damage due to said defects. The CONTRACTOR shall make all repairs and replacements or payments promptly upon receipt of written order for same from the CITY. If the CONTRACTOR fails to make the repairs, replacements or payments promptly, the CITY may do the work, and the CONTRACTOR and his/her Surety shall be liable for the cost thereof.
(END OF SECTION)
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17.0 LEGAL RELATIONS AND RESPONSIBILITY
17.1 LAWS TO BE OBSERVED
The CONTRACTOR shall keep fully compliant with all local, county, state and federal laws and ordinances and regulations which in any manner affect those engaged or employed in the work, or the manufacture of materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of those having any jurisdiction or authority over the same.
17.1.1 Hours of Labor - The CONTRACTOR shall forfeit, as penalty to the CITY, twenty-five dollars ($25.00) for each worker employed in the execution of the Contract by the CONTRACTOR or by any subcontractor of any tier under the CONTRACTOR, for each calendar day during which such worker is permitted or required to labor more than eight (8) hours in any one day or forty (40) hours per one (1) calendar week, unless compensated at not less than time and a half per provisions of the Labor Code, Section 1810 to Section 1816 thereof, inclusive.
17.1.2 Exception - If the prevailing wage determination requires a higher rate of pay for overtime work than is required under Labor Code Section 1815, then that higher overtime rate shall be paid as specified in subsection 16200(a)(3)(F) of the Title 8, California Code of Regulations.
17.1.3 Labor Discrimination - A contractor shall not discriminate in the employment of persons upon public works on any basis listed in Subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this Section is subject to all the penalties imposed for a violation of this Chapter.
17.1.4 Prevailing Wage - The minimum rates of wages applicable to the work to be done have been determined in accordance with the provisions of Sections 1770 et seq. of the California Labor Code.
Copies of the current schedules for prevailing wages are on file in the CITY’S office, and the contents of those schedules are included herein as if set forth in full. The CONTRACTOR shall post at each job site in a place readily available to all workers the current prevailing wage rate for each craft, group, and worker working on the job.
The CONTRACTOR shall forfeit, as penalty to the CITY, fifty dollars ($50.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for any work done under the Contract by him/her or by any subcontractor under him/her, in violation of the provisions of the Labor Code and in particular, Sections 1770 to 1780 thereof, inclusive. In addition to this penalty, the difference between such prevailing wage rate and the amount actually paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONTRACTOR.
The CITY will not recognize any claim for additional compensation because of the payment by the CONTRACTOR of any wage rate in excess of the prevailing wage rate adopted by the CITY.
The possibility of wage increases is one of the elements to be considered by the CONTRACTOR in determining bid prices, and will not under any circumstances be considered as the basis of a claim against the CITY.
17.1.5 Payroll Records - Attention is directed to Section 1776 of the Labor Code of the State of California. Regulations complementing said Section 1776 are located in Sections 16000 and Sections 16400 through 16403 of Title 8, California Code of Regulations. The CONTRACTOR is required to comply with the provisions of Section 1776 of said Labor Code. The CONTRACTOR shall also be responsible for compliance by his/her subcontractors.
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17.1.6 Reporting Requirements and Sanctions - Failure to provide specific information, records, reports, certifications, or any other documents required for compliance with these Specifications shall be considered noncompliance. The minimum documents required include:
List of Subcontractors - Due seven (7) calendar days after date of Preconstruction Conference;
Certified Payroll Reports - An original and three (3) legible copies are due within seven (7) calendar days, upon the request of the ENGINEER;
Fringe Benefit Statement - Due with first payroll report and any time thereafter that fringe benefits change; and
Apprenticeship Certifications - Due with the first payroll report on which the apprentice appears. Other documentation may be required depending on the source of funding for the Project.
17.1.7 Apprentices - In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the Department of Industrial Relations, Division of Apprenticeship Standards, the appropriate number of properly indentured apprentices are to be employed in the prosecution of the work. Information relative to number of apprentices, identification, wages, hours of employment and standards of working conditions shall be obtained from the Department of Industrial Relations, Division of Apprenticeship Standards.
17.1.8 Fair Labor Standards Act - Bidders note the fact that Contractors are required to meet the provisions of the Fair Labor Standards Act of 1938, and as amended (52 Stat. 1060).
17.1.9 Registration of Contractors - In accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code and Section 3300 of the Public Contract Code, bidders must possess a State of California Contractor’s License for the proper classification which must be valid at the time of bid, award, and until completion of the Contract.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE
REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE
BOARD, 9835 GOETHE ROAD, SACRAMENTO, CALIFORNIA.
MAILING ADDRESS: P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.
17.1.10 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 costs for permits and inspections shall be included in the price entered in the Proposal under the line item entitled “Mobilization and Demobilization”. When the terms of permits obtained by either the CONTRACTOR or the CITY require inspections by agencies or authorities other than the CITY, the CONTRACTOR shall schedule the inspections and notify the ENGINEER a minimum of twenty-four (24) hours prior to the inspection being performed.
All work performed within road rights-of-way shall be done in accordance with the requirements of the Kern County Department of Public Works and/or City of McFarland Department of Public Works encroachment permit(s) which are hereby made a part of the Specifications. It shall be the responsibility of the CONTRACTOR to determine all requirements of said entities and to comply with all requirements. The CONTRACTOR shall be responsible for ascertaining the need for and obtaining any additional permits required. If there are conflicts among the requirements of said entities and CITY’S requirements, the most restrictive requirements shall be used.
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17.1.11 Codes - The codes and regulations, together with local amendments when applicable adopted by the state and other governmental authorities having jurisdiction, shall establish minimum requirements for this Project. Wherever references are made in the Contract to the respective standards or codes in accordance with work are to be performed or tested, it is to be understood that the revision of the standards in effect on the date of the Bidder’s proposal shall apply unless otherwise expressly set forth in the Contract.
17.1.12 Standard Specifications - Where the state standard specifications or the words “Standard Specifications” are referred to, the reference shall be to the Standard Specifications, State of California, State Department of Transportation, (“Caltrans”) July 1999, except where in the case where work is subject to Caltrans’ approval, in which case the latest addition shall be used. As a minimum, this Project shall comply with the following:
A. California Building Standards Administrative Code, 2001 edition B. California Building Code, 2001 edition
C. California Electrical Code, 2001 edition
D. California Mechanical Code, 2001 edition
E. California Plumbing Code, 2001 edition
F. California Fire Code, 2001 edition
G. California Code of Regulations: Title 8, Industrial Relations, CAL-OSHA H. California Code of Regulations: Title 19, Public Safety
17.1.13 Fire Hazard - Flammable, volatile solvents in coating system components constitute a major hazard with regard to fire and explosions wherever flame or spark exposure is possible. All flames, smoking, and unapproved welding, etc., are strictly prohibited in work or storage areas.
Fire abatement devices shall be readily available and in operating condition. Necessary precautions shall be taken to keep fire hazard to a minimum; all oily rags, waste, and other combustibles not in covered containers shall be removed from the area daily. All coatings, solvents, thinners and related products shall be stored in conformance with applicable state, county and/or local fire codes pertaining to flammable materials.
17.1.14 Public Contracts Code Section 7103.5 - In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties.
17.2 EQUAL OPPORTUNITY
During the performance of this Contract, the CONTRACTOR agrees as follows:
17.2.1 The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity clause.
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17.2.2 The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
17.2.3 The CONTRACTOR will send to each labor union or representative of workers, with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representative of the CONTRACTOR’s commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
17.2.4 The CONTRACTOR will comply with all provisions of federal and state law, and of the rules, regulations, and relevant orders of the Secretary of Labor, Director of the California Department of Fair Employment and Housing and/or the California Labor Commissioner.
17.2.5 The CONTRACTOR will furnish all information and reports required by federal or state law, and by the rules, regulations, and orders of the Secretary of Labor, Director of the California Department of Fair Employment and Housing, California Labor Commissioner, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering CITY and the Secretary of Labor, Director of the California Department of Fair Employment and Housing or California Labor Commissioner for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
In the event of the CONTRACTOR’s noncompliance with the Equal Opportunity clause of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or in part, and the CONTRACTOR may be declared ineligible for further CITY contracts, and such other sanctions may be imposed and remedies invoked by rule, regulation, or order of the Secretary of Labor, Director of the California Department of Fair Employment and Housing or California Labor Commissioner.
The CONTRACTOR will include this Equal Opportunity clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor, Director of the California Department of Fair Employment and Housing or California Labor Commissioner, so that such provisions will be binding upon each subcontractor or vendor, the CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering CITY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering CITY, the CONTRACTOR may request the administering CITY to enter into such litigation to protect the interests of the administering CITY.
The CITY further agrees that it will be bound by the above Equal Opportunity clause with respect to its own employment practices when it participates in assisted construction work.
The CITY agrees that it will assist and cooperate actively with the administering CITY and the Secretary of Labor, Director of the California Department of Fair Employment and Housing in obtaining the compliance of CONTRACTOR and subcontractors with the Equal Opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, Director of the California Department of Fair Employment and Housing, that it will furnish the administering CITY and the Secretary of Labor, Director of the California Department of Fair Employment and Housing such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering CITY in the discharge of the CITY’S primary responsibility for securing compliance.
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17.3 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, the Directors, the General Manager, the ENGINEER, their employees and duly authorized representatives from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes.
17.4 SANITARY PROVISIONS
The CONTRACTOR shall provide sanitary facilities at all work locations.
17.5 PRESERVATION OF PROPERTY
Due care shall be exercised to avoid injury to street improvements or facilities, utilities’ facilities, adjacent property per Civil Code 832, and roadside trees and shrubbery that are not to be removed. 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, to a condition as good as when the CONTRACTOR began work.
Full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in protecting property as above specified, shall be considered as included in the prices paid for the various Contract items of work, and no additional compensation will be made.
17.6 RESPONSIBILITY FOR DAMAGE
The Directors, the General Manager, the Project Manager, the ENGINEER, volunteers and employees of the CITY shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any material or equipment used in performing the work, or for injury or damage to any person or persons, either workers or the public, or for damage to an adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance.
The CONTRACTOR hereby agrees to defend, indemnify and to hold the CITY, and all representatives, employees, volunteers, and ENGINEERs of the CITY harmless and free of any and all liability, claims, judgments or damages of whatsoever kind or character, including attorney’s fees and costs of all types incurred in defending any of the parties from said claims or liability, which may directly or indirectly arise from acts or omissions of the CONTRACTOR, the CONTRACTOR’s independent CONTRACTORs, and employees, representatives, and invitees of each of them, regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims or liabilities.
17.7 DISPOSAL OF MATERIALS
Unless otherwise specified in the Special Provisions, the CONTRACTOR shall make arrangements for disposing of materials. Excess excavated material not required for backfill shall be disposed of legally by the CONTRACTOR.
When any materials, including excess or unsuitable excavated earth or other roadway materials, are to be disposed of outside the right-of-way, the CONTRACTOR shall first obtain a written permit from the property OWNER on whose property the disposal is to be made and shall file said permit or certified copy, together with a written release from the property OWNER, absolving the CITY from any and all responsibility in connection with the disposal of material on said property. Before any material is disposed of on said property, the CONTRACTOR shall obtain permission from the ENGINEER to dispose of the material at the location designated in said permit.
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Unless otherwise provided in the Special Provisions, full compensation for all costs involved in disposing of materials, including all costs of overhaul, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made.
17.8 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the formal acceptance of the work by the CITY, the CONTRACTOR shall have the charge and care and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or non-execution of the work.
The CONTRACTOR shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense, except such injuries or damages occasioned by the acts of the federal government or acts of war.
In case of suspension of work from any cause whatsoever, the CONTRACTOR shall be responsible for the work as previously specified and shall also be responsible for all materials delivered to the worksite.
Where necessary to protect the work from damage, the CONTRACTOR shall, at his/her own expense, provide suitable drainage of the worksite and erect such temporary structures as are necessary to protect the work from damage during any period of suspension of work.
The CONTRACTOR shall provide twenty-four (24) hour emergency service for all maintenance and operations of the work specified and shall supply the CITY with the name and phone number of the responsible person. Emergency service shall be within thirty (30) minutes from the time of notification. If the CONTRACTOR fails to provide this service the CITY shall perform such emergency service and the cost thereof shall be deducted from the next Progress Pay Estimate due the CONTRACTOR.
17.9 ACCEPTANCE OF CONTRACT
When the ENGINEER has made the final inspection and determines that the Contract has been completed in general conformance with these Plans and Specifications, the ENGINEER shall submit to the City Council the recommendation that the CITY formally accept the Contract.
17.10 PROPERTY RIGHTS FOR MATERIALS
Nothing in the Contract shall be construed as vesting to the CONTRACTOR any right to property or materials used after they have been attached or affixed to the work or the soil, or after payment has been made for ninety percent (90%) of the value of materials delivered by the CONTRACTOR to the Project Site, or other location approved in writing by the ENGINEER.
17.11 PERSONAL LIABILITY
In carrying out any of the provisions hereof, or in exercising any authority granted by the Contract, there will be no personal liability upon any Directors or employees of the CITY, the ENGINEER, their employees or volunteers.
(END OF SECTION)
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18.0 CONTRACTOR’S INSURANCE
18.1 GENERAL
The CONTRACTOR shall not commence or continue to perform any work unless he, at his own expense, has in full force and effect all required insurance. The CONTRACTOR shall not permit any subcontractor to perform work on this project unless all of the required insurance has been complied with by such subcontractor.
The types of insurance the CONTRACTOR shall obtain and maintain are Worker’s Compensation and Employer’s Liability Insurance, General and Automobile Liability Insurance, Builder’s Risk "All Risk" and at the time of award of the Contract, Earthquake and Flood Insurance, all as set forth herein.
Worker’s Compensation and Employers' Liability Insurance and Liability Insurance shall be maintained in effect for the full guarantee period.
Insurers must be authorized to do business and have an agent for service of process in California and must have at least a "A- VII" rating in accordance with the most current Best's Rating Guide.
Upon the CITY’S request, the CONTRACTOR shall furnish to the CITY one (1) copy of each policy certified by an authorized representative of the insurer. CONTRACTOR shall provide the CITY with an updated certificate of insurance for any change to its insurance coverage to include changes in insurers, policy limits, etc. Failure to provide updated certificates can cause a temporary stop in the Project being ordered by the CITY, until such time as the CITY has accepted a revised/new certificate of insurance.
CONTRACTOR shall give written notice to the ENGINEER by certified mail at least thirty (30) calendar days prior to termination, cancellation, or reduction of coverage of any policy required by this Section.
The CONTRACTOR waives any right of recovery against the CITY, its ENGINEER, Directors, or employees, for any loss or damage to the CONTRACTOR’s construction equipment or tools, including equipment and tools rented or leased by the CONTRACTOR.
The requirements as to the types, limits, and the CITY’S approval of insurance coverage to be maintained by the CONTRACTOR are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the CONTRACTOR under the Contract.
In addition to any other remedy the CITY may have, if the CONTRACTOR or any of the subcontractors fail to maintain the insurance coverage as required in this Section, the CITY may obtain such insurance coverage as is not being maintained, in the form and amount substantially the same as required herein, and the CITY may deduct the cost of such insurance from any amounts due or which may become due the CONTRACTOR under this Contract.
Any deductibles or self-insured retentions other than those expressly allowed by this Section or subsections must be declared to and approved by the CITY. At the option of the ENGINEER, either the insurer shall reduce or eliminate such deductible or self-insured retentions as respects to the CITY, its ENGINEER, Directors, and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expense.
18.2 INSURANCE SUBMITTALS
As evidence of specified insurance coverage, the CONTRACTOR shall provide certificates of insurance and endorsements.
The CONTRACTOR shall provide and maintain insurance and indemnification as described in this section. Neither the CONTRACTOR nor any subcontractors shall commence any work until all required
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insurance has been obtained, at their own expense, and such insurance has been approved by the ENGINEER.
Any insurance bearing on adequacy of performance shall be maintained after completion of the Project for the full guarantee period.
18.3 CONTRACTOR’S LIABILITY ENDORSEMENT
18.3.1 INTENTIONALLY OMITTED
18.3.2 INTENTIONALLY OMITTED
18.3.3 Workers’ Compensation and Employer’s Liability Insurance - The CONTRACTOR shall procure and maintain insurance to protect the CONTRACTOR from all claims under Worker’s Compensation Act and Employer’s Liability. The CONTRACTOR shall maintain limits no less than the following:
A. Workers’ Compensation – Statutory
B. Employer’s Liability:
C. Each Accident – One Million Dollars ($1,000,000)
D. Disease-Policy Limit -- One Million Dollars ($1,000,000) E. Disease-Employee Limit - One Million Dollars ($1,000,000)
18.3.4 Commercial General Liability Insurance - The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the CONTRACTOR or his/her employees, consultants, or subcontractors. Coverage shall be at least as broad as ISO “occurrence” form, number CG 0001 (Edition 10/93) covering general liability.
The limits of liability shall be not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. Coverage may be provided either in a primary policy, or in a combination of primary and umbrella or excess policies. The insurance may have a deductible or self-insured retention not to exceed fifty thousand dollars ($50,000).
The Commercial General Liability insurance coverage shall also include the following:
Coverage, without limitation, for property damage arising out of explosion, collapse or underground damage, commonly referred to by insurers as the explosion, collapse and underground property damage hazards.
Provision or endorsement stating that the General Aggregate Limit shall apply separately to the Project covered by this Contract.
Provision or endorsement naming the STATE WATER BOARD, the CITY, its ENGINEER, Directors, employees, and volunteers as additional insureds in regards to liability arising out of the performance of any work under the Contract and providing that such insurance is primary insurance as respects the interest of the CITY and that any other insurance maintained by the CITY is excess and not contributing insurance with the insurance required hereunder. A copy of the additional insured endorsement is required by the CITY prior to commencement of work.
18.3.5 Automobile Liability Insurance - The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, or damage to property resulting from ownership, operation, maintenance or use of automobiles by the CONTRACTOR or his/her employees, consultants, or subcontractors. Coverage shall be at least as broad as ISO form number CA 0001 (Edition 12/93) covering automobile liability, symbol 1 “any auto.”
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The limits of liability shall be not less than two million dollars ($2,000,000) each accident.
Coverage may be provided either in a primary policy, or in a combination of primary and umbrella or excess policies.
The Automobile Liability insurance coverage shall be primary insurance as respects the interest of the CITY and that any other insurance maintained by the CITY is excess and not contributing insurance with the insurance required hereunder.
18.3.6 Builder’s Risk Insurance - CONTRACTOR shall purchase and maintain in force builder’s risk insurance on the full value of the Contract. Such insurance shall be written on a completed value form and in an amount equal to the initial Contract sum subject to subsequent modifications of the Contract sum. The insurance shall apply on a replacement cost basis. The policy may have a deductible or self-insured retention not to exceed one hundred thousand dollars ($100,000), except for the peril of earthquake, which may have a deductible not to exceed five percent (5%) of the Contract amount.
The builder’s risk coverage shall extend to full replacement costs without any deduction for depreciation.
The builder’s risk insurance shall name as insured the CITY, STATE WATER BOARD, CONTRACTOR and all subcontractors and sub-subcontractors in the work. The insurance policy shall contain a provision that the insurance will not be cancelled or allowed to expire until at least thirty (30) days’ prior written notice has been given to the CITY. The insurance policy shall also contain a provision stating that it is primary insurance, as respects the interests of the CITY, and that any insurance maintained by the CITY shall be excess of, and shall not contribute with it.
The builder’s risk insurance shall cover the entire work included in the Project including expenses made necessary by an insured loss. Insured property shall include portions of the work located away from the site but intended for use in the Project, and shall also cover portions of the work in transit. The policy shall include as insured property all materials stored onsite but not yet incorporated into the Project, and shall also include scaffolding, falsework, and temporary buildings located at the site. The policy shall cover the cost of removing debris, including demolition as may be made legally necessary by the operation of any law, ordinance, or regulation by endorsement if necessary, the builder’s risk insurance shall cover actual costs incurred by the CITY in providing inspection services for repairs to the work due to covered losses not to exceed a five-hundred thousand dollar ($500,000) sublimit, CONTRACTOR shall be liable for all CITY inspection/reinspection costs.
The builder’s risk insurance shall be written to cover all risks of physical loss except those specifically excluded in the policy, and shall insure at least against the perils of fire and extended coverage, theft, vandalism, malicious mischief, rain, hail, wind and collapse.
Any deductible applicable to the builder’s risk insurance shall be the responsibility of the CONTRACTOR in the event of a loss.
The builder’s risk insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the Project is accepted as completed by the CITY Council. The policy shall not contain any exclusion of coverage for any period during which Project systems are being tested or during which the Project is being partially occupied by the CITY.
In the event of a covered loss, proceeds of builder’s risk insurance shall be applied first to reimburse actual costs of demolition, debris removal, reconstruction, and repair or replacement incurred in the discharge of the CONTRACTOR’s obligations of repair or replacement under the Contract Documents. The CITY and STATE WATER BOARD shall have no liability for such costs.
Insurance proceeds shall be deposited in a separate account in a local bank satisfactory to the CITY and shall be withdrawn only with the CITY’S written approval to reimburse such actual costs
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as the builder’s risk carrier has agreed to reimburse. The CITY and STATE WATER BOARD shall have no liability for failure of builder’s risk carrier to pay for particular cost of repairs. This article shall not qualify or modify the CONTRACTOR’s responsibility for the work under Section 17.8.
Before the commencement of work, CONTRACTOR shall provide the CITY with a Certificate of Insurance for the builder’s risk policy including all deductibles and sublimits. The policy shall be supplied to the CITY for review upon request.
If the CITY is damaged by the failure of CONTRACTOR to maintain the required insurance, the CONTRACTOR shall bear all reasonable costs properly attributable to that failure.
In the event of termination of the CONTRACTOR for default under Section 14.11.2, the CONTRACTOR shall forfeit all rights to builder’s risk insurance proceeds and the CITY may expend such proceeds to complete the Project as if they were unpaid Contract monies.
18.4 WAIVER OF SUBROGATION
CONTRACTOR waives all rights against the CITY and any of their officers, the ENGINEER, directors, agents, and employees, and STATE WATER BOARD for recovery for damages caused by fire and other perils to the extent covered by builder’s risk insurance, or any other property insurance applicable to the work or the Project.
18.5 CONTRACTOR’S LIABILITY NOT LIMITED BY INSURANCE
To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the STATE WATER BOARD, CITY, the ENGINEER, and their consultants, and each of their directors, volunteers, officers, and employees from and against all claims, damages, losses, expenses, and other costs, including costs of defense and attorneys’ fees, arising out of or resulting from or in connection with the performance of the work, both on and off the job site, provided that any of the foregoing is 1) attributable to personal injury, bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from; and, 2) caused in whole or in part by an act or omission of the CONTRACTOR, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable, regardless of whether or not caused in part by any act or omission (active, passive, or comparative negligence included, excepting the active negligence, sole negligence or willful misconduct of the CITY), of a party indemnified hereunder. The CONTRACTOR’s obligation to indemnify shall not be restricted to insurance proceeds, if any received by the CITY, its directors, officers, volunteers, or employees.
The obligations of the CONTRACTOR under the first and fourth paragraphs of this Section 18.5 shall not extend to the liability of the ENGINEER, and their consultants, and each of their directors, officers, employees, and volunteers arising out of or resulting from or in connection with the preparation or approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, providing that the foregoing was the sole and exclusive cause of the loss, damage or injury.
The CONTRACTOR shall also indemnify and hold harmless the STATE WATER BOARD, CITY, the ENGINEER, and their consultants, and each of their directors, officers, volunteers and employees from and against all losses, expenses, damages (including damages to the work itself), attorneys’ fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of CONTRACTOR to faithfully perform the work and all of the CONTRACTOR’s obligations under the Contract. Such costs, expenses, and damages shall include all costs, including attorneys’ fees, incurred by the indemnified parties in any lawsuit to which they are a party.
The CONTRACTOR shall assume the defense of, and indemnify and save harmless, the STATE WATER BOARD, the CITY, the ENGINEER, and their consultants, and each of their Directors, employees, and volunteers from all claims, costs, losses, damages and expenses, including attorneys’ fees of any kind arising from the performance of this Contract, including claims for personal injury or death, claims for
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damage to property, and claims for loss of business. The CONTRACTOR agrees to require that in any agreement and/or subcontract entered into with any one for the performance of work under this Contract, that all work will be done pursuant to the CITY’S Improvement Standards, Technical Specifications and Drawings, and that the CONTRACTOR will indemnify and save harmless the STATE WATER BOARD, the CITY, the ENGINEER, and their consultants, and each of their Directors, employees, and volunteers from all claims of any kind arising from any and all Contractors’ and subcontractors’ performance of this Contract, including claims for personal injury and death, claims for damages to property and claims for loss of business.
18.6 COMPLIANCE WITH STATE REQUIREMENTS FOR USE OF SUBCONTRACTORS The CONTRACTOR’s attention is directed to Section 6109 of the Public Contract Code, which prohibits a contractor or a subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded or perform work as a subcontractor on a public works project. This Section also prohibits a contractor from performing work on this Contract with a subcontractor who is ineligible to perform work on this Contract pursuant to the above Labor Code sections. The CONTRACTOR shall comply with all of the provisions of Section 6109 of the Labor Code.
(END OF SECTION)
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19.0 PROSECUTION AND PROGRESS
19.1 SUBCONTRACTING
The CONTRACTOR shall give personal attention to the fulfillment of the Contract and shall keep the work under his/her control. The CONTRACTOR shall perform with his/her own organization and with the assistance of workers under his/her immediate superintendence, work of a value of not less than fifty percent (50%) of the value of all work embraced in the Contract. The value of the work subcontracted shall be determined by summing all of the percentages identified for listed subcontractors on the Proposal Form.
If the sum of such percentages exceeds fifty percent (50%), the CITY may treat the bid as nonresponsive and reject it on that basis. When a portion of the work which has been subcontracted by the CONTRACTOR is not being prosecuted in a manner satisfactory to the CITY, the subcontractor shall be removed immediately on the request of the ENGINEER and shall not again be employed on the work. No changes will be allowed from the approved subcontractor list without approval of the ENGINEER.
The CONTRACTOR agrees to be as fully responsible to the CITY for the acts and omissions of his/her subcontractors at all levels and for persons either directly or indirectly employed by them, as for the acts and omissions of persons directly employed by him/her. Nothing contained in the Contract Documents shall create any contractual rights for any subcontractor against the CITY. The CONTRACTOR shall cause every subcontractor to be bound by the terms of the Contract Documents.
19.2 ASSIGNMENT
The performance of the Contract may not be assigned directly or indirectly except upon the written consent of the CITY. Consent will not be given to any proposed assignment which would relieve the original Contractor or his/her Surety of their responsibilities under the Contract, nor will the CITY consent to any assignment of a part of the work under the Contract.
The Contract may assign monies due or to become due to the CONTRACTOR 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 assignment of monies shall be subject to all proper off-sets 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 the work in the event that the CONTRACTOR should be in default.
19.3 DELAYS AND TIME EXTENSION
If the CONTRACTOR is delayed in the progress of the work by any act or neglect of the CITY or the ENGINEER, or by any separate contractor employed by the CITY, or by strikes, lockouts, fire, acts of God, unusual weather conditions, or unavoidable casualties, the CONTRACTOR shall, within twenty-four (24) hours of the start of the occurrence, give written notice to the CITY of the cause of the potential delay and an estimate of the possible time extension involved. Within seven (7) days after the cause of delay has been remedied, the CONTRACTOR shall give notice to the CITY of any actual time extension requested as a result of the aforementioned occurrence.
For purposes of this Contract, the CONTRACTOR shall be entitled to a time extension to the Substantial Completion Milestones listed on the construction schedule as required by the Section 5.0 of the General Conditions, “Construction Schedules (Bar Charts)” for weather delays only when the CONTRACTOR’s critical path activity, as shown on its most recent schedule update, is delayed by unusual weather for over four (4) hours in a given work day. Unusual weather shall be deemed to include only days of rainfall in excess of 0.10 inches.
Rainfall shall be as measured at Bakersfield, California and reported by the Western Regional Climate Center website, www.wrcc.dri.edu. No extra payment to the CONTRACTOR will be made for delays caused by unusual weather conditions. CONTRACTOR shall note that no time extensions to
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Operational Milestones as defined in the Section 5.0 of the General Conditions, “Construction Schedule (Bar Charts)” shall be allowed for weather events.
Delays in delivery of equipment or material purchased by the CONTRACTOR or his/her subcontractors shall not be considered as a just cause for delay. The CONTRACTOR shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. The CITY does not warrant the availability of “sole source” items or the timely performance of sole source suppliers and subcontractors and the CONTRACTOR’s remedies for delay or other breach by such entities shall solely be against them and not against the CITY.
Other time extension claims by the CONTRACTOR must be within ten calendar days after occurrence of the event giving rise to such claim or within ten calendar days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims for time extension must be made by written notice. An additional claim made after the initial Claim has been implemented by contract change order will not be considered.
Any delay claim shall be accompanied by a critical path method (CPM) schedule showing that the delayed task was on the Project’s critical path at the time of the delay. Project schedule shall be in the form detailed in the Section 5.0 of the General Conditions, “Construction Schedules (Bar Charts)”.
19.4 TEMPORARY SUSPENSION OF WORK
The ENGINEER shall have the authority to suspend the work wholly, or in part, for such period deemed necessary due to conditions considered unfavorable for the suitable prosecution of the work, or for such time deemed necessary due to the failure on the part of the CONTRACTOR to carry out orders given or to perform the work in accordance with these Plans and Specifications. The CONTRACTOR shall immediately comply with the written order of the ENGINEER to suspend the work wholly or in part. The work shall be resumed when conditions are favorable and/or methods are corrected, as ordered or approved in writing by the ENGINEER. The period of suspension will be included in determining the time for completion of work. In the event of a suspension of work under any of the conditions previously set forth, such suspension of work shall not relieve the CONTRACTOR of his/her responsibilities as set forth under Section 17.0, “Legal Relations and Responsibility”, in these General Provisions.
19.5 PROGRESS SCHEDULE AND ORDER OF COMPLETION
To ensure completion of the work within the time limit specified, and to assist the CITY in the scheduling of other work, CONTRACTOR shall submit to the CITY within ten (10) calendar days after he/she receives the Notice to Proceed a detailed schedule showing the proposed dates of beginning and completion of all significant items of work under the Contract. If the actual progress of the work varies materially from the proposed program, or if the CONTRACTOR proposes to change the program for any reason, he/she shall submit to the CITY the revised construction program which he/she proposes to follow.
The proposed original and revised program shall be adequate, in the opinion of the CITY, to meet the requirements for completion of the work as herein set forth. If, in the opinion of the CITY, the CONTRACTOR's proposed program or the actual progress of the work is insufficient to meet the specified requirements, the CONTRACTOR shall take such steps as are necessary to accomplish the required progress and completion.
When in the judgment of the CITY it is necessary to accelerate any part of the work ahead of schedule, the CONTRACTOR shall, when directed, concentrate his/her efforts on such part of the work.
19.6 FAILURE TO COMPLETE THE WORK IN THE TIME AGREED UPON - LIQUIDATED
DAMAGES
The CONTRACTOR agrees to provide all materials, labor and equipment for the project. It is further stipulated and agreed that if the work contracted for is not completed within the time provided, the CITY will be actually and seriously damaged in the conduct of its affairs, and that from the nature of the
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circumstances, it would be impractical and extremely difficult to fix or compute the actual damage which may be sustained by the CITY in such event, and it is therefore stipulated and agreed that upon the failure of the CONTRACTOR to complete the work contracted for within the time provided, the CONTRACTOR shall pay the CITY the sum specified in Section B of this Contract, document titled “Bid Document” for each and every day after the number of specified days from and after the issuance of the Notice to Proceed until the completion of said work and the acceptance thereof by the CITY, and that all sums due and payable by the CONTRACTOR to the CITY shall be deemed to be liquidated damages for such period and not a penalty, and may be offset by the CITY against any monies due the CONTRACTOR hereunder.
The work contracted for shall be deemed to be completed within the meaning of this Contract when same has been actually completed in accordance with the Plans and Specifications thereto and to the satisfaction of the CITY. Nothing in this Section shall prohibit the CITY from granting to the CONTRACTOR an extension of time beyond the fixed date of completion and waiving of the damages specified in the Contract Documents Section titled “Special Provisions”.
19.7 PROJECT QUALITY CONTROL
19.7.1 Test Reports And Certifications - Where certifications or mill-test reports are required, the CONTRACTOR shall submit three (3) complete, certified copies. Certifications shall show chemical composition, mechanical properties, or other characteristics of the materials to be used in the work.
Material specified by a referenced standard shall be certifiable by the mill or manufacturer under that standard. The testing, analysis, and certification shall be the responsibility of the CONTRACTOR.
19.7.2 Notices Of Fabrication - The CONTRACTOR shall submit a separate notice of fabrication for each fabricated article and material. For articles and materials fabricated outside Kern County, the CONTRACTOR shall submit the notice fourteen (14) days before starting fabrication. The CONTRACTOR shall provide a certified third party inspection firm for all work performed outside Kern County. For articles and materials fabricated within Kern County, the CONTRACTOR shall submit the notice five (5) days before starting fabrication.
19.7.3 Responsibilities - The CONTRACTOR shall be responsible for full compliance with every requirement of the Contract Documents and shall ensure that the work is in full accordance with these requirements. At all times, the CONTRACTOR’s work will be subject to rigid inspection by the ENGINEER. Whether discovered by the CONTRACTOR or the ENGINEER, nonconforming work shall be corrected or replaced by the CONTRACTOR. For convenience, materials or equipment to be incorporated in the work may be designated in the Specifications by a trade name or the name of a manufacturer and the manufacturer’s catalog item number information. Materials, articles, or equipment, even if supplied by a manufacturer designated in the Specifications, shall be accepted only if the items meet all other specification requirements.
The CONTRACTOR shall furnish all tools, equipment, materials, supplies, and manufactured articles necessary or required for the performance and completion of the work included in the Contract, except for materials and equipment specified to be furnished by the CITY.
The materials, articles, and equipment provided for permanent installation in the work shall be new and shall be in accordance with these Specifications.
The CONTRACTOR shall perform quality control on suppliers, manufacturers, products, services, site conditions, and workmanship to ensure that work conforms to the Contract Documents. The CONTRACTOR shall be prepared to document its quality control activities. The CONTRACTOR shall require and ensure conformance with specified standards as a minimum quality for the work. When more stringent tolerances, codes, or specified requirements are required by a particular manufacturer or a particular item of work, the higher standards or more precise workmanship shall be provided.
The ENGINEER’s inspections and tests are for the sole benefit of the CITY and shall not:
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A. Relieve the CONTRACTOR of responsibility for providing adequate quality control measures.
B. Relieve the CONTRACTOR of responsibility for damage to or loss of the material before acceptance.
C. Constitute or imply acceptance.
D. Affect the continuing rights of the CITY after acceptance of the completed work.
The CONTRACTOR shall be responsible for adjustments, corrections, or repairs found necessary after the delivery or installation of materials and articles. Unidentified materials shall not be used in the work, including work at fabrication plants.
Sequencing and Scheduling of Inspections and Tests - The CONTRACTOR shall furnish and prepare the required samples and test specimens ready for testing in time for the necessary tests and analysis. Where the Specifications require work to be tested or approved, it shall be tested only in the presence of the ENGINEER.
The ENGINEER shall be given timely notice of the CONTRACTOR’s readiness for inspection and test. The length of advance notice shall be appropriate for the complexity of the inspection or test, the availability of the ENGINEER’s staff, and the location of the inspection or test, but in no case shall less than twenty-four (24) hours’ advance notice be given.
19.7.4 Testing - Materials and articles that are to be included in the works shall be subject to testing for conformance with the Specifications and Drawings. When not otherwise specified, sampling and testing shall be in accordance with the methods prescribed in the current standards of ASTM applicable to the class and nature of the articles or materials considered. However, the ENGINEER will have the right to use any generally accepted method of testing that will ensure that the quality of materials, articles, or work is in full accord with the Specifications and Drawings. The ENGINEER will have the right to select, test, and analyze, at the expense of the CITY, additional test specimens of the materials to be used. Results of these tests and analyses will be considered with the results of other tests or analyses, whether performed by the ENGINEER or the CONTRACTOR, to determine compliance with the applicable Specifications for the materials.
19.7.5 Inspection By The ENGINEER - Materials and articles that are to be included in the work shall be subject to rigid inspection by the ENGINEER for conformance with the Specifications and Drawings. The CONTRACTOR shall plan for the inspections to be continuous, repetitive, and detailed. Orders for materials, articles, and equipment shall note that the articles, materials, and equipment are subject to inspection and acceptance by the CITY, both during manufacture or fabrication and after delivery to the site.
When practicable and convenient for the ENGINEER, inspection will be made during the manufacture of the articles and equipment. The location, alignment, grade, plumb, and other physical characteristics of formwork for concrete, items to be embedded in concrete, and permanent improvements shall be subject to rigid survey verification. Materials or articles shall not be incorporated in the work until they have been inspected by the ENGINEER. After testing, work shall be covered or backfilled only with the approval of the ENGINEER.
The duties of the ENGINEER in conducting review of the CONTRACTOR’s performance is not intended to include review of the adequacy of the CONTRACTOR’s work methods, equipment, bracing, scaffolding or safety measures in, on, or near the construction site.
19.7.6 Facilities For Inspection And Testing - The CONTRACTOR shall furnish the facilities, utilities, and assistance necessary for the safe and convenient performance of inspections and tests required by the Specifications or by the ENGINEER. The CONTRACTOR shall provide adequate lighting, access, and ventilation for a safe working environment for inspections and tests.
The CONTRACTOR shall cooperate with the ENGINEER’s staff in the performance of their respective duties and shall provide qualified personnel to assist with the performance of tests and
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inspections by them. When the Specifications require tests or inspections to be performed by the CONTRACTOR, the CONTRACTOR shall provide qualified, licensed, personnel to perform them.
19.7.7 Rejection Of Work - The ENGINEER will have the right, at all times and in all places, to reject articles or materials to be furnished for the Project that fail to meet the requirements of these Specifications. This shall be regardless of whether the defects in these articles or materials are detected at the point of manufacture or after completion of the work at the site. The ENGINEER will be the sole judge as to the acceptable quality of materials, articles, and work. However, where the ENGINEER, through an oversight or otherwise, accepts material, articles, or work that is defective or that is contrary to the Specifications, the material, article, or work, no matter in what stage or condition of manufacture, delivery, or erection, may be rejected by the ENGINEER.
Promptly after notification of rejection by the ENGINEER, the CONTRACTOR shall remove rejected portions or items of materials, articles, or work to a satisfactory distance from the vicinity of accepted items and shall replace the rejected materials, etc., with items acceptable to the ENGINEER.
19.7.8 Final Inspections And Acceptance - Final inspections for acceptance of materials, articles, equipment, and work will be made at the completion of all Contract work. A minimum of ten (10) working days prior to the estimated completion of the work, the CONTRACTOR shall notify the ENGINEER in writing of the pending completion of the entire work or an agreed portion thereof.
The CONTRACTOR shall include with the notice a complete list of work items remaining to be completed. On or about the CONTRACTOR’s estimated completion date, the ENGINEER will make a thorough inspection of the entire work. Defects or deficiencies noted during this inspection will be reported to the CONTRACTOR in writing. The CONTRACTOR shall notify the ENGINEER in writing when all items on the list are corrected. Shortly thereafter, the ENGINEER will make a thorough final inspection of the entire work.
If the ENGINEER determines the work to be complete, it will be accepted. If defects or deficiencies are noted during this inspection, they will be reported in writing to the CONTRACTOR.
When the CONTRACTOR notifies the ENGINEER of the correction of these items, another final inspection will be scheduled.
19.8 SAFETY
The CONTRACTOR shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours and/or days. The CONTRACTOR shall have in full force and effect an Injury and Illness Prevention Program (IIPP) covering all work of the CONTRACTOR and subcontractor employees at the site.
Safety provisions shall conform to all applicable federal, state, county, and local laws, ordinances, and to other rules of law applicable to the work. Where any of these are in conflict, the more stringent requirement shall be followed.
The CONTRACTOR shall maintain at the job office and/or other well-known place on the job site, all articles necessary for giving first-aid to the injured, and shall establish the procedure for the immediate removal, to the hospital or a doctor’s care, of persons who may be injured on the job site.
The right of the ENGINEER and/or CITY to conduct construction review of the CONTRACTOR’s performance is not intended to and will not include a review of the adequacy of the CONTRACTOR’s safety measures in, on, or near the construction site.
Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the CONTRACTOR shall comply with this law.
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19.8.1 Valley Fever - Notices to Employees - A special biological problem of the Project Site is presence of tiny organisms living in the soil which can cause valley fever in man. As is typical of many desert areas in southwestern United States, valley fever is endemic to Kern County.
Although everyone living in the valley has some contact with the disease-causing organisms, the illness is especially hazardous to those whose work brings them into close contact with the soil, as for example agricultural and construction workers.
19.8.2 Ventilation - Ventilation and control of oxygen-deficient atmospheres, dusts, fumes, mists, vapors, and gases shall be in accordance with the CSO and all other applicable laws, ordinances and regulations.
19.8.3 Trench Safety - In accordance with Section 6705 of the State Labor Code, the CONTRACTOR shall submit to the CITY specific plans to show details of provisions for worker protection from caving ground. This trench safety plan shall be submitted to and approved by the CITY prior to starting excavation for any trench or trenches five (5) feet or more in depth. The trench safety plan working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety Standards of the Department of Health, Education and Welfare, the plan shall be prepared by a registered civil or structural ENGINEER. As a part of the plan, a note shall be included stating that the registered civil or structural ENGINEER certifies that the plan complies with the CAL-OSHA Construction Safety Orders, or that the registered civil or structural ENGINEER certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders. In no event shall the CONTRACTOR use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the CONTRACTOR from the requirement to maintain safety in all areas. If excavation or trench work requiring a CAL-OSHA permit are to be undertaken, the CONTRACTOR shall submit a copy of his/her permit with the excavation/trench work safety plan to the CITY before work begins.
The CITY or the ENGINEER may have made investigations of subsurface conditions in areas where the work is to be performed. If so, these investigations are identified in the Special Provisions, and the records of such investigations are available for inspection at the Engineering Office. The detailed plan showing the design of shoring, which the CONTRACTOR is required to submit to the CITY for acceptance prior to excavation, shall not be accepted by the CITY if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the CITY or their consultants; nor will the plan be accepted if it is based on soils-related design criteria which is less restrictive than the criteria set forth in the report on the aforesaid investigations of subsurface conditions.
The detailed plan showing the design of shoring shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loadings. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench at its top to the near side of the surcharge loads. Nothing contained herein shall be construed as relieving the CONTRACTOR of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection.
Inspection or testing by the CITY or any agent of the CITY is not intended to include review of the adequacy of the CONTRACTOR’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction, nor make the CITY responsible for providing a safe place for the performance of work by the CONTRACTOR, subcontractors, or suppliers; or for access, visits, use, work, travel or occupancy by any person.
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If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone to the CITY. In addition, the CONTRACTOR must promptly report in writing to the ENGINEER all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses.
If any claim is made by anyone against the CONTRACTOR or any subcontractor on account of any accident, the CONTRACTOR shall promptly report the facts in writing to the ENGINEER, giving full details of the claim.
Whenever abrasive blasting is to be performed for the removal of painted coating systems, the blast media shall be certified by CARB for unconfined blasting pursuant to CCR Title 17.
19.8.4 Facility Startup - The CONTRACTOR shall commission all systems and equipment to verify performance, function, and correct operation by performing procedures to activate, startup, adjust, test, and demonstrate that the work is in operating order in accordance with these general requirements of this Section and the detailed requirements of the technical sections under the system or equipment specified.
To ensure that the work is ready for full-time operation, the procedures shall include verification, balancing, calibration, witness testing, documentation, inspection by equipment manufacturers and operator training where specified. The CONTRACTOR shall notify the ENGINEER five (5) days prior to starting each system or piece of equipment. During the startup period, the CONTRACTOR shall coordinate the operation of the facilities with ENGINEER, subcontractors, CITY’S operators, and manufacturer's representatives.
The CONTRACTOR shall furnish test equipment, measuring devices and supplies required to conduct tests. The CONTRACTOR shall maintain the equipment until acceptance, provide all lubricants, chemicals, and electricity necessary until acceptance, furnish all expendable supplies, gas, water, etc., required for startup, demonstration and testing, and dispose of all waste or used supplies, water, etc.
19.9 CONTRACT CLOSEOUT
19.9.1 Final Cleanup - Prior to final inspection, clean the entire construction area and all other areas affected by the performance of work under this Contract. Clean up work area using personnel specializing in and skilled in cleaning and maintenance work. The CONTRACTOR shall repair work using personnel skilled in executing the type of work being repaired. All work shall be executed to the highest trade standards applicable to that type of work.
The CONTRACTOR shall perform the following work prior to final inspection:
A. The CONTRACTOR shall remove all temporary construction, signs, tools, equipment, excess material and debris.
B. Remove all lumps, splatters, spots and stains caused by paint, adhesive, asphalt, concrete, mortar, sealant or other foreign material from exposed or finished surfaces. Remove all temporary labels.
C. Repair, patch or replace new or existing work including pavement, sidewalks, curbs, gutters, catch basins, gratings, manholes, covers, landscaping, plant materials and other items that have been damaged, broken, cracked or chipped as a result of performing this work.
D. Sweep clean and wash down all exterior pavements.
E. Remove all hazardous material and material that may cause sediment in drainage systems prior to wash down.
F. Remove all grease and oil stains on pavement caused by CONTRACTOR's equipment.
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19.9.2 CONTRACTOR's Action List of Items to Be Corrected and/or Completed - During construction, the CONTRACTOR shall maintain an action list of items to be corrected and/or completed. The CONTRACTOR shall regularly add items and update the list as information becomes available or as requested by the ENGINEER. The CONTRACTOR shall deliver a current copy of the list to the ENGINEER at each progress meeting.
19.9.3 Semifinal Inspection/Substantial Completion - When the CONTRACTOR considers the work nearly complete, the CONTRACTOR shall review the Contract Documents, inspect the work, and use the CONTRACTOR's action list to prepare a CONTRACTOR's punch list of all deficient or uncompleted items. The CONTRACTOR shall complete or correct items on the punch list. When the work is substantially complete, the CONTRACTOR shall notify the ENGINEER in writing that the CONTRACTOR has reviewed the Contract Documents, inspected the work and believes that the work is substantially complete and ready for semifinal inspection.
On receipt of the CONTRACTOR's punch list and notice that the work is ready for semifinal inspection; the ENGINEER will inspect the work. The ENGINEER may add additional items to the CONTRACTOR's punch list; may find that the work is not ready for inspection; is ready for inspection but not substantially complete; or that the work is substantially complete. When the ENGINEER finds the work is substantially complete, it will prepare a final punch list and a Notice of Substantial Completion which will state the date of substantial completion and the time agreed to by the CITY and the CONTRACTOR (not to exceed thirty [30] days) in which the work shall be fully complete and ready for final inspection.
19.9.4 Final Inspection, Final Completion And Final Payment - When the CONTRACTOR has completed or corrected all the items on the ENGINEER's final punch list, the CONTRACTOR shall give the ENGINEER written notice that the work is ready for final inspection. When the ENGINEER finds the work acceptable and fully complete in accordance with the Contract Documents, and upon receipt of a final Application for Payment and all final submittals, the ENGINEER will recommend that the CITY issue a Notice of Final Completion, make final payment and accept the work stating that to the best of the ENGINEER's knowledge, information and belief, and on the basis of the ENGINEER's observations and inspection, the work has been fully completed in accordance with the terms and conditions of the Contract Documents.
19.9.5 Final Submittals include:
A. Operation and Maintenance Manuals and Parts Lists
B. Record Drawings
C. Extra Materials
D. Special Guarantees
E. Insurance Certificate showing required continuation of coverage beyond Final Payment
F. Release of Liens
G. Waiver of Claims by CONTRACTOR
H. And any other submittals required by the Contract Documents and not previously received
The CITY will record the Notice of Final Completion at the County Recorder’s Office. The CITY will make Final Payment to the CONTRACTOR thirty-five (35) days after recording the Notice of Final Completion.
19.9.6 Record Drawings - The CONTRACTOR shall maintain on the jobsite, a complete set of Contract Documents and a complete file of all addenda, Contract modifications and favorably reviewed submittals. The CONTRACTOR shall prepare a set of Record Drawings concurrently with the construction of the Work and in accordance with the following:
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A. Show the invert elevation of all gravity piping and the top of pipe, top of conduit or top of protective concrete encasement for other utilities. Elevations shall be related to a permanent visible elevation bench mark set at the site by the CONTRACTOR.
B. Show the horizontal location of underground utilities measured from permanent visible physical features such as face of building, face of tank, or centerline of manhole.
C. Comply with detailed requirements in technical specification sections describing the type of information required on Record Drawings. The CONTRACTOR's copy of Contract Documents, Contract modifications and Record Drawings shall be available to the ENGINEER for weekly verification that the records are being currently updated.
D. The CONTRACTOR shall submit Record Drawings and obtain acceptance prior to completion.
19.9.7 Extra Materials - Deliver specified extra materials and parts to CITY. Itemize all items on a transmittal letter in duplicate and obtain signature of receiving party. Submit copies of signed transmittals for all specified extra materials and parts prior to completion.
19.9.8 Twelve-Month Inspection – Unless specified otherwise in the Technical Specifications, approximately thirty (30) days prior to the expiration of the one (1)-year guarantee period, the CONTRACTOR shall tour the Project with the ENGINEER and/or the CITY to prepare a list of corrective work required under the twelve (12)-month guarantee. The CONTRACTOR shall correct all items found to be defective within twenty (20) days of receipt of the list of items to be corrected.
19.10 GUARANTEE AND WARRANTY
Guarantee And Warranty Requirements - The CONTRACTOR shall warrant and guarantee that the entire work constructed under the Contract fully meets all requirements of the Contract. The CONTRACTOR shall further warrant and guarantee that all work, including materials, articles, and equipment furnished by the CONTRACTOR under the Contract, shall be free of deficiencies and defects for a period of one (1) year after the date of final acceptance of the work unless specified otherwise.
The CONTRACTOR shall further warrant and guarantee to make or have made at CONTRACTOR’s expense repairs, adjustments, replacements, or other corrective work necessary to restore or bring into full compliance with the requirements of the Specifications any part of the work which during the guarantee period is found to be deficient with respect to any provision of the Specifications.
If a defect or deficiency is of a kind which in the opinion of the ENGINEER requires immediate correction to avoid injury to the CITY, the ENGINEER may make or have made such repairs, adjustments, replacements, or other corrective work and the CONTRACTOR agrees to promptly pay the CITY invoice for the corrective work.
If a defect or deficiency is of a kind which in the opinion of the ENGINEER requires immediate correction but the CONTRACTOR has failed to undertake corrective work within three (3) working days of receipt of written notice from the ENGINEER, the ENGINEER may make or have made such repairs, adjustments, replacements, or other corrective work and the CONTRACTOR agrees to promptly pay the CITY invoice for the corrective work.
The CITY will have the right to use deficient material and equipment until it can be taken out of service without injury to the CITY. The guarantees and agreements set forth herein shall be secured by the “Faithful Performance Bond” furnished by the CONTRACTOR to the CITY at the time of execution of the Contract, which bond shall be deemed to continue in effect during the period of guarantee.
This guarantee is not the exclusive remedy for the CITY in the event of any breach of this Contract. (END OF SECTION)
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20.0 MEASUREMENT AND PAYMENT
20.1 MEASUREMENT OF QUANTITIES
Where the Contract provides for payment on a lump sum price basis, no measurement of quantity will be made. Where the Contract provides for payment on a unit price basis, the quantities of work performed will be computed by the ENGINEER on the basis of measurements taken by the ENGINEER, and these measurements shall be final and binding.
All quantities of work computed under the Contract shall be based upon measurements by the ENGINEER according to United States Measurements and Weights.
20.2 SCOPE OF PAYMENT
The CONTRACTOR shall accept the compensation as provided in full payment for furnishing all materials, labor, tools, and equipment necessary to the completed work; for performing all work contemplated and embraced under the Contract; for loss or damage arising from the nature of the work, or from the action of the elements, except as before provided, or from any unforeseen difficulties which may be encountered during the prosecution of the work until final acceptance by the CITY, and for all risks of every description connected with the prosecution of the work; and for completing the work according to these 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 allowance will be made, other than as indicated in this Contract, for loss of anticipated profits.
Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
20.3 CHANGE ORDER/PAYMENT FOR EXTRA WORK
It is the intention of this Contract that the differences between the parties, arising under and by virtue of the Contract be brought to the attention of the ENGINEER at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. In no event shall the CONTRACTOR be entitled to additional compensation or an extension of time for any claim that may be based on any act, failure to act, event, thing or occurrence for which no written notice of potential claim was filed prior to the CONTRACTOR commencing any action which the CONTRACTOR seeks additional compensation or an extension of time for.
Without invalidating the Contract and without notice to any surety or insurer, CITY may, at any time, or from time to time, order additions, deletions, or revisions in the Work by a written Contract Change Order.
Upon receipt of any such document, CONTRACTOR shall promptly proceed with the extra work involved which will be performed under the applicable conditions of the Contract Documents, except as otherwise specifically provided in the Change Order. Payment for extra work shall be made at the unit or lump sum price bid, when applicable, or as otherwise agreed upon in the written Contract Change Order.
Extra work which has not been agreed to in price prior to the work occurring shall be considered Force Account Work. Where payment is to be made on a force account basis, the CONTRACTOR shall receive the actual cost of all material, equipment rental and operation and labor furnished by him/her plus an added markup of fifteen percent (15%); provided, however, that the CITY reserves the right to furnish such materials required as it deems advisable, and the CONTRACTOR shall have no claim for profit on the cost of such materials.
The CONTRACTOR shall provide a copy of the Daily Extra Work Report (DEWR) for each day of extra work. The DEWR is to be signed by the CONTRACTOR’s authorized representative and the CITY’S on-site representative on the day the work is performed. THE DEWR is to include the name and hours for each person, equipment designation and hours and designation and quantities of all materials. Items not
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included on the DEWR will not be paid for. Work on DEWR not signed by the CITY’S on site representative will not be paid for.
A copy of each DEWR with the labor rates, equipment rates, cost of materials, extended amounts, markups and total. Computer generated sheets can be submitted if the information on the computer sheets can be readily cross referenced with the signed DEWR.
To the total of the direct costs and markups referred to above shall be added an amount for actual additional CONTRACTOR bond and insurance costs (other than worker’s compensation) incurred as a direct result of the Force Account work, not to exceed two and one-half percent (2.5%) of the direct costs with markup. The actual additional bond and insurance costs shall be substantiated by documentation submitted by CONTRACTOR to the ENGINEER. No additional markup on bond or insurance costs shall be allowed hereunder.
When extra work to be paid for on a force account basis is performed by a subcontractor, approved in accordance with the provisions in Section 19.1 titled “Subcontracting,” an additional markup of five percent (5%) will be added to the total cost of said extra work including all markups specified in Section
20.3, titled “Payment for Extra Work.” Said additional five percent (5%) markup shall reimburse the CONTRACTOR for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
When both additional and deleted work are involved in any one change, the markup allowances of this Section shall be applied to the net extra cost of the work, if any, after subtraction of the costs for the omitted work from the extra work. For Change Order work which results in a net decrease in cost a minimum of five percent (5%) markup shall be added to the sum of the direct labor, materials and equipment as a deduction for profit, indirect and overhead costs and reduction in bond and insurance. The CONTRACTOR shall neither be entitled to nor claim anticipated profits on work that may be omitted.
The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, small tools, incidentals and any other general expenses. The above fixed fees represent the maximum limits which will be allowed, and they include, but are not limited to, the CONTRACTOR’s and all subcontractor’s indirect field and home office expenses and all other costs for cost proposal preparation, schedule analysis and preparation, operation and maintenance manual documentation, and record documents and change order administration.
20.3.1 Direct Labor Cost - Charges for all of the labor furnished and used by the CONTRACTOR shall be made for manual classifications up to and including general foreman, when authorized by the ENGINEER for the workers used in the actual and direct performance of the work. It will not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics. The time charged to extra work shall be subject to the daily approval of the ENGINEER and evidence of such daily approval shall be submitted with the billing. Labor rates used to calculate the costs shall be those basic wages including current employer contributions for fringe benefits and including applicable subsistence and travel allowances, all as actually paid to workers under collective bargaining agreements or as regular workers under collective bargaining agreements or as a regular practice of the employer. No time or charges will be allowed except when the workers are actually engaged in the proper, efficient and diligent performance or completion of the extra work as authorized. The CONTRACTOR shall submit with the billing, copies of certified payrolls for labor associated with extra work. Overtime shall not be worked without prior approval of the ENGINEER.
20.3.2 Equipment Cost - Charges for the rental and operation of the equipment furnished and used by the CONTRACTOR shall be made for all prime construction and automotive equipment.
It shall not include charges for listed equipment or major tools with a new cost of five-hundred dollars ($500.00) or less. Equipment time charges shall be subject to the daily approval of the ENGINEER and evidence of such daily approval submitted with the billing. The CONTRACTOR will be paid for the use of equipment at the rental rates listed for such equipment in the California
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Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the CONTRACTOR, except that for those pieces of equipment with a rental rate of ten dollars ($10.00) per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment CITY, other than CONTRACTOR owned, the CONTRACTOR will be paid at the hourly rate shown on the rental CITY invoice or agreement for the time used on force account work. If a minimum equipment rental amount is required by the local equipment rental CITY, the actual amount charged will be paid to the CONTRACTOR.
If it is deemed necessary by the ENGINEER to use equipment not listed in said publication, a suitable rental rate for such equipment will be established by the ENGINEER. The CONTRACTOR may furnish any cost data which might assist the ENGINEER in the establishment of such rental rate. If the rental rate established by the ENGINEER is ten dollars ($10.00) per hour or less, the provisions above concerning rental of equipment from a local equipment CITY shall apply.
20.3.3 The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals.
20.3.4 Operators of rented equipment will be paid for as provided in Section 20.3.1, titled “Direct Labor Cost.”
20.3.5 All equipment shall, in the opinion of the ENGINEER, be in good working condition and suitable for the purpose for which the equipment is to be used.
20.3.6 Unless otherwise specified, manufacturer’s ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates.
Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Rental time will not be allowed while equipment is inoperative due to breakdowns.
20.3.7 The time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than such extra work. The following shall be used in computing the rental time of equipment on the work:
A. When hourly rates are listed, less than thirty (30) minutes of operation shall be considered to be two (2) hours of operation.
B. When daily rates are listed, less than four (4) hours of operation shall be considered to be two (2) days of operation.
20.3.8 When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the CONTRACTOR will be paid for the equipment and operator, as follows:
Payment for the equipment will be made in accordance with the provisions in Section
20.3.2, titled “Equipment Cost.”
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Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment already on the Project or, in the absence of such other workers, at the rates for such labor established by collective bargaining agreements for the type of workman and location of the work, whether or not the owner-operator is actually covered by such an agreement.
To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 20.3, titled “Change Order/Payment for Extra Work.”
All force account work shall be adjusted daily upon Daily Extra Work report sheets, furnished to the CONTRACTOR by the ENGINEER and signed by both parties, which daily reports shall thereafter be considered the true record of force account work done.
20.3.9 Material Costs - Charges for the cost of materials furnished by the CONTRACTOR shall be made provided such furnishing was specifically authorized in the extra work order and the actual use verified by the ENGINEER. Charges shall be net cost to the CONTRACTOR delivered at the job, including all applicable sales taxes and vendor’s invoice must accompany the billing along with verification of use of such materials by the ENGINEER.
20.4 DISPUTED CHANGE ORDER WORK VERIFICATION
A. In no event may the CONTRACTOR refuse to proceed with the work as directed by the ENGINEER. It is agreed and understood that the CONTRACTOR’s failure to properly and timely carry out the directions of the ENGINEER shall be deemed as a material breach of this Contract.
B. If the CONTRACTOR believes that the CITY or the ENGINEER has failed to provide a Change Order when one is due to the CONTRACTOR, or his subcontractors, the CONTRACTOR shall immediately notify the CITY and the ENGINEER of such belief in writing and shall immediately document the work the CONTRACTOR feels justifies the Change Order in accordance with the provisions herein provided for in this Section 20.4.
C. The CONTRACTOR‘s failure to document the work as provided for in this Section 20.4 shall be deemed as a waiver by the CONTRACTOR of any right to an adjustment in Contract Price and/or Contract Time for the work in question. Likewise, the CONTRACTOR’s failure to assert the disputed work in the Request for Payment and the Progress Payment Waiver covering the time period in question shall be deemed as a waiver by the CONTRACTOR of any right to an adjustment in Contract Price and/or Contract Time for the work in question.
D. For Disputed Change Order Work Verification, the CONTRACTOR, or his subcontractor through the CONTRACTOR, shall submit on a daily basis at the end of each day a Force Account Worksheet for the day to the CITY’s Representative for examination and review. The worksheet shall include an itemized breakdown of the labor, materials, tools and equipment used in performing the work. The CITY’s Representative shall receive the worksheet on a daily basis and shall provide to the CONTRACTOR a receipt to signifying the acceptance of the daily worksheet. The receipt only signifies that the CITY’s Representative has received the worksheet and in no way shall said receipt be construed as an admission by the CITY, or the CITY’s Representative, that the matters claimed in the worksheet are accurate and require payment.
E. The CITY’s Representative shall examine and review the worksheet and make any adjustments as needed based upon the Representative’s observations of the work that day; said adjustments shall be limited to the itemized break down of labor, materials, tools and equipment used in performing the work. The CONTRACTOR shall be given a copy of the worksheet with any adjustments noted by the CITY’s Representative the following day.
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F. The Engineer shall review the worksheets as adjusted by the CITY’s Representative and shall verify the costs and entitlements listed on the same. As a part of this process, the Engineer shall reject for payment any portion of the Force Account Worksheet which does not reflect a Change in the Contract Price and/or Contract Time or which is otherwise improperly charged to the CITY.
G. Once verified by the Engineer, any Work listed on the worksheets which the CONTRACTOR is entitled to payment for shall be paid along with the Progress Payment for the time period covering in question.
H. Submission of daily worksheets under this Section 20.4 shall not alleviate the CONTRACTOR’s responsibility to properly list any and all claims, including but not limited to the claims found in the daily worksheets on the monthly Request for Payment and the Progress Payment Waiver covering the time period in question and the failure to do so shall act as a waiver to said claims.
Likewise, it is agreed and understood that the submission of daily worksheets in accordance with this Section 20.4 is a condition precedent to the filing of any claim under Section 20.7, or any other applicable law, and the failure to submit a daily worksheet or worksheets shall act as a waiver to said claims.
20.5 PROGRESS PAYMENTS
Once each month the CONTRACTOR shall submit to the CITY a Request for Payment, including waivers and releases, on forms to be provided by the CITY. CONTRACTOR shall list all claims for payment, including all disputed claims if any, on the required monthly form for the work period covered by the form.
CONTRACTOR acknowledges and agrees that the failure to list any and all work on the forms, including all disputed claims if any, shall act as a waiver and release of any claim the CONTRACTOR may have, of whatever type or nature, for the period specified on the required monthly form. Likewise, CONTRACTOR agrees and acknowledges that said monthly forms cannot be revised more than 7 days after the work period covered by the form and the Request for Payment shall follow the form of the Schedule of Values required by the ENGINEER.
In addition to the required monthly Request for Payment forms, CONTRACTOR must submit Waiver and Releases on forms provided by the CITY. Waiver and Release submittal sequence shall be as follows:
1. Upon initial submittal for progress payment, submit for each subcontractor, material or equipment supplier a "CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT". If initial submittal is also a final submittal for any or all subcontractors, material or equipment suppliers, submit a "CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT" for those suppliers or subcontractors.
2. Upon each subsequent submittal for progress payment, submit for each subcontractor, material or equipment supplier a "CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT" for a total amount reflecting the current progress payment. Also submit an "UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT" reflecting the previous progress payment aggregate sum.
3. Upon submittal for final progress payment, submit for each subcontractor, material or equipment supplier a "CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT".
Also submit an "UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT" reflecting the previous progress payment aggregate sum.
4. Prior to final payment, submit for each subcontractor, material or equipment supplier a "CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT".
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5. Upon receipt of final payment, Contractor shall submit an "UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT".
Upon receipt of a Request for Payment, the CITY shall review it as soon as practicable to determine if it is proper. Any Request for Payment determined not to be a proper request suitable for payment shall be returned to the CONTRACTOR as soon as practicable, but not less than seven (7) days after receipt.
Any Request for Payment returned to the CONTRACTOR shall be accompanied by a document setting forth in writing the reasons why the request is not proper.
Upon receipt of an undisputed and properly submitted Request for Payment the CITY shall prepare a written Progress Pay Estimate which shall include the total amount of work done including Contract Change Orders and/or force account and allowances for materials on hand. The Progress Pay Estimate shall be submitted to the CITY Council for approval.
In accordance with the provisions of Section 20104.50 of the Public Contract Code, the CITY shall pay interest at the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure on any Request for Payment submitted by the CONTRACTOR if the CITY fails to make the progress payment within thirty (30) days after receipt of an undisputed and properly submitted Request for Payment.
The number of days available to the CITY to make a progress payment without incurring interest pursuant to Section 20104.50 of the Public Contract Code shall be reduced by the number of days by which the CITY exceeds the seven (7) day requirement set forth above for the return of an improper Request for Payment.
Notwithstanding the above, the CONTRACTOR understands that the work is being paid through a grant and the CONTRACTOR therefore agrees to hold the CITY harmless against any claim for interest if the CITY’s failure is beyond its control.
Pipelines, whether paid on a lump sum or unit price basis shall be considered 75% complete when laid and backfilled with compaction tests passed; 85% complete when hydrostatic and bacteria tests have passed, and pipe has been tied-in to the CITY’S system; and 100% complete when the paving is accepted.
To be acceptable for partial payment, materials on hand must be clean, undamaged, and properly stored as directed by the ENGINEER. The quantity of materials on hand shall not include materials used in any partially completed items of work. The Request for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CITY has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (“Liens”) and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect CITY’S interest therein, all of which will be satisfactory to CITY. The amount of retainage with respect to progress payments will be as stipulated in the Contract.
Each Progress Pay Estimate shall include an accounting of the Contract time, including any allowances or revisions due to weather and/or Contract Change Orders.
The CITY will pay ninety percent (90%) of the amount of each Progress Pay Estimate less any withholds under this or the following sections, within thirty (30) days of approval of the Progress Pay Estimate by the CONTRACTOR and the ENGINEER. Ten percent (10%) shall be retained until fifty percent (50%) of the Project is complete and accepted. After fifty percent (50%) of the Project is complete and accepted, the CITY will pay one hundred percent (100%) of the amount of each progress pay estimate, less any withholds under this or the following Section. No payments, except the final payment, shall constitute an acceptance of any portion of the work.
Prior to issuance of a check from the CITY, the CITY may require the CONTRACTOR to furnish the following information: a current list of subcontractors, current fringe benefit statements, apprenticeship certifications, and certified payrolls.
If the CONTRACTOR fails to correct a prevailing wage deficiency within fifteen (15) days after notification, a deduction shall be made. In such cases, the deduction shall be ten percent (10%) of the estimated value of the work done during the month, except that the deduction shall not exceed ten-thousand
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dollars ($10,000), nor be less than one-thousand dollars ($1,000), and shall be deducted from the progress payment.
Deductions for noncompliance shall be in addition to all other deductions provided for in these Specifications, and shall apply irrespective of the number of instances of noncompliance. Deductions shall be made separately and additively for each estimate period in which a new deficiency appears. When all deficiencies for a period have been corrected, the deduction covering that period shall be released on the next progress payment. Otherwise, the deduction shall be retained.
The CONTRACTOR may elect to receive one-hundred percent (100%) of payments due under the Contract from time to time, without retention of any portion of the payment by the CITY, by depositing securities of equivalent value with the CITY in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the CONTRACTOR, shall be valued by the CITY, whose decision on valuation of the securities is final.
20.6 RIGHT TO WITHHOLD PAYMENTS
When, in the judgment of the ENGINEER, the work is not proceeding in accordance with the provisions of the Contract or good construction practice, or when in the ENGINEER’s judgment the total amount of work done since the last estimate amounts to less than five thousand dollars ($5,000.00), the CITY may elect to not prepare a Progress Pay Estimate and make no Progress Payment.
In addition to all other rights and remedies of the CITY hereunder and by virtue of law, the CITY may withhold or nullify the whole or any part of any progress payment or up to one-hundred and fifty percent (150%) of the disputed amount from the final payment (see California Public Contract Code Section 7107) to such extent as may reasonably be necessary to protect the CITY from loss on account of:
A. Defective work not remedied, irrespective of when any such work be found to be defective; B. Claims or liens filed or other reasonable evidence indicating probable filing of claims or liens including, but not limited to, claims under California Labor Code Sections 1775, 1776, or 1777.7;
C. Failure of the CONTRACTOR to make payments properly for labor, materials, equipment, or other facilities, or to subcontractors and/or suppliers; D. A reasonable doubt that the work can be completed for the balance then unearned; E. A reasonable doubt that the CONTRACTOR will complete the work within the agreed time limits;
F. Costs to the CITY, including without limitation, liquidated damages, resulting from failure of the CONTRACTOR to complete the work within the proper time; G. Failure to comply with environmental and other regulatory requirements; H. Cost of insurance arranged by the CITY due to cancellation or reduction of the CONTRACTOR’s insurance;
I. Payments due the CITY from the CONTRACTOR, including but not limited to the monthly service charge, and consumption charge for water used by CONTRACTOR; J. Penalties under Labor Code Section 1775, 1776, 1777.5, 1810 through 1815, or any of them;
K. Failure to adequately supervise the work competently and efficiently and pursue completion of the Project with an adequate work force in compliance with established construction schedule;
L. Failure to maintain as-constructed information and Drawings current for the Project; M. Provisions of law that enable or require the CITY to withhold such payments in whole or in part; or
N. Damage to another contractor or third party, work or property.
Whenever the CITY shall, in accordance herewith, withhold any monies otherwise due the CONTRACTOR, written notice of the amount withheld and the reasons therefore will be given the CONTRACTOR. After the CONTRACTOR has corrected the enumerated deficiencies, the CITY will
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promptly pay to the CONTRACTOR the amount so withheld. When monies are withheld to protect the CITY against claims or liens of mechanics, suppliers, subcontractors, etc., the CITY may at its discretion permit the CONTRACTOR to deliver a surety bond in terms and amount satisfactory to the CITY, indemnifying the CITY against any loss or expense, and upon acceptance thereof by the CITY, the CITY shall release to the CONTRACTOR monies so withheld.
20.7 CLAIMS PROCEDURES PRIOR TO ANY LEGAL ACTION
The CONTRACTOR shall not be entitled to the payment of any additional compensation or any extensions of time for any cause, including any act, or failure to act by the ENGINEER, or happening of any event, thing or occurrence, unless the CONTRACTOR shall have given the ENGINEER due written notice of potential claims as required under this Contract. The CONTRACTOR hereby agrees that he or she shall have no right to additional compensation or an extension of time for any claim that may be based on any act, failure to act, event, thing or occurrence for which no written notice of potential claim was filed prior to the CONTRACTOR commencing any action which the CONTRACTOR seeks additional compensation or an extension of time for. The CONTRACTOR further agrees that this Section 20.7 works in coordination with other Sections within this Contract, including and not limited to notice and verification provisions in those other Sections, and the CONTRACTOR’s failure to abide by all of the provisions in those other Sections shall act as a waiver and release of any and all claims against the CITY and/or its representatives.
It is also the general intention of this Section to implement the provisions of Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code of California.
All claims shall be filed in writing on or before the times prescribed herein, but in no event later than thirty (30) days after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim). All claims shall set forth clearly and in detail, for each item of additional compensation or extension of time claimed, the reasons for the claim, references to applicable provisions of the Specifications, the nature and the amount of the cost involved, the computations used in determining such costs, and all pertinent factual data necessary to substantiate the claim. No claim for an adjustment in the Contract price, or time, will be valid if not submitted in accordance with this Section and when applicable verified under the provisions of Section 20.4 and or Section 20.3. Likewise, the CONTRACTOR’s failure to list any and all work, including all disputed claims if any, on the monthly Request for Payment and Release forms for the work period covered by the form shall act as a waiver and release of any claim the CONTRACTOR may have, of whatever type or nature.
20.7.1 Claims of Less Than Fifty-Thousand Dollars ($50,000) – The CITY will respond in writing to claims for less than fifty-thousand dollars ($50,000) within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subsection upon mutual agreement of the CITY and the CONTRACTOR.
The CITY’S written response to the claim, as further documented, will be submitted to the CONTRACTOR within fifteen (15) days after receipt of the further documentation, or within a period of time no greater than that taken by the CONTRACTOR in producing the additional information, whichever is greater. If the CONTRACTOR is unsatisfied with the outcome of the CITY’S written response, the CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code before initialing any legal action.
20.7.2 Claims Over Fifty-Thousand Dollars ($50,000) But Not Over Three-Hundred and SeventyFive Thousand Dollars ($375,000) – The CITY will respond in writing to claims over fifty-thousand dollars ($50,000) but not over three-hundred and seventy-five thousand dollars ($375,000) within sixty (60) days of receipt of the
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claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subsection, upon mutual agreement of the CITY and the CONTRACTOR.
The CITY’s written response to the claim, as further documented, shall be submitted to the CONTRACTOR within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the CONTRACTOR in producing the additional information or requested documentation, whichever is greater. If the CONTRACTOR is unsatisfied with the outcome of the CITY’S written response, the CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code before initialing any legal action.
20.7.3 All Claims of Three-Hundred and Seventy-Five Thousand Dollars ($375,000) or Less - If the CONTRACTOR disputes the CITY’S written response or the CITY fails to respond within the times prescribed for claims of three-hundred and seventy-five thousand dollars ($375,000) or less, the CONTRACTOR may so notify the CITY, in writing, either within fifteen (15) days of receipt of the CITY’S response or within fifteen (15) days of the CITY’S failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such a demand, the CITY will schedule a meet and confer conference within thirty (30) days for settlement of the dispute. If following the meet and confer conference the claim or any portion remains in dispute, the CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of this specific provision, the running of the period of time in which a claim must be filed shall be tolled from the time the CONTRACTOR submits his or her written claim pursuant to this Section until the time the claim is denied, including any period of time utilized by the meet and confer conference. The procedures governing all civil actions filed by the CONTRACTOR to resolve claims of three-hundred and seventy-five thousand dollars ($375,000) or less shall be those set forth in Public Contract Code Section 20104.4 which provides for mediation and judicial arbitration. In any suit filed under Section 20104.4, the CITY shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. The CITY will pay any portion of a claim that is undisputed in accordance with the payment provisions of the Contract.
20.7.4 Claims of Three-Hundred and Seventy-Five Thousand Dollars ($375,000) or More - All claims of $375,000 or more are subject to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
Jurisdiction over such claims shall rest with the Superior Court of the State of California in and for Kern County.
20.7.5 Final Payment - Whenever the CONTRACTOR shall deem all work under this Contract to have been completed in accordance therewith, he/she shall so notify the ENGINEER in writing, and the ENGINEER shall promptly ascertain whether the work has been satisfactorily completed and, if not, shall advise the CONTRACTOR in detail and in writing of any additional work required.
Completion of work will include submittal and approval of ‘As-Built’ record Drawings and final O&M manuals. When all the provisions of the Contract have been fully complied with to the satisfaction of the ENGINEER, he/she shall proceed with all reasonable diligence to determine accurately the total value of all work performed by the CONTRACTOR at the prices set forth in the Contract or fixed by Change Orders, in accordance with the Contract. The ENGINEER will then certify to said final estimate and to the completion of the work, and will file copies thereof with the CITY and the CONTRACTOR. The date of completion shall be the date upon which the CITY makes its formal acceptance of the work.
Within ten (10) days after the date of completion, the CITY will file in the Office of the County Recorder, a Notice of Completion of the work herein agreed to be done by the CONTRACTOR. On the expiration of thirty-five (35) days after the recordation of such Notice of Completion, the difference between said final estimate and all payments theretofore made to the
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CONTRACTOR shall be due and payable to the CONTRACTOR, subject to any requirements concerning the furnishing of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the provisions of this Contract. All prior certifications, upon which partial payments may have been made, being merely estimates, shall be subject to correction in the final certificate.
It is mutually agreed between the parties to the Contract that no certificate given or payments made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, against any claim of the CITY, and no payment shall be construed to be an acceptance of any defective work or improper materials.
The CONTRACTOR further agrees that the payment of the final amount due under the Contract, and the adjustment and payment for any work done in accordance with any alteration of the same, shall release the CITY, the Directors, the General Manager, the Project Manager, the ENGINEER, employees and volunteers, from any and all claims or liability on account of work performed under the Contract or any alteration thereof. (END OF SECTION)
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21.0 FUNDING REQUIREMENTS
This project is funded by Grant Funds through the State of California State Water Board. This funding has specific requirements that shall be adhered to by the Contractor as part of this Contract Agreement and as outlined in the Contract Documents.
21.1 CHILD SUPPORT COMPLIANCE ACT
Contractor acknowledges that it is the policy of this state that anyone who enters into a contract with a state agency shall recognize the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code. Contractor further acknowledges that to the best of its knowledge it is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Employment Development Department.
21.2 AUDIT AND INSPECTION OF BOOKS AND RECORDS
(a) Upon execution of this Contract and until three (3) years following final disbursement under this Contract, pursuant to Government Code Section 8546.7, the parties shall be subject to the examination and audit by State or any agent thereof, and the State Auditor, with respect to all matters connected with the performance of this Contract, including, but not limited to, the cost of administering this Contract. If any litigation, claim, negotiation, audit or other action is commenced before the expiration of said three (3) year period, all records must be retained until such action is resolved, or until the end of said three (3) year period, whichever shall later occur. All records of Contractor relating in any way to funding received pursuant to this Agreement shall be preserved for this purpose. (b) During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all costs, disbursements, and receipts with respect to its activities under this Contract. Failure or refusal by Contractor to comply with this provision shall be considered as substantial failure to comply with this Contract, State may declare Contractor in default as set forth in the Funding Agreement, withhold disbursements to Contractor, or take any other action it deems necessary to protect its interests.
21.3 NON-DISCRIMINATION CLAUSE
During the performance of this Contract, Contractor, its contractors and subcontractors, shall not deny the Contract benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical and mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. Contractor, its contractors and subcontractors shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor, it’s contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding State Agency to implement such article.
By signing this Contract, Contractor assures State that it shall comply with the requirements of the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on
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the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA, the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d (1988) et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 (1989); Federal Water Pollution Control Act Amendments of 1972, Pub. L. No. 92-500, 86 Stat 816; and the Age Discrimination Act of 1975, as amended 42 U.S.C. 6102(1994); together with all applicable regulations and guidelines adopted to implement same. Said group of laws and requirements are collectively referred to in this Contract as the “anti-discrimination laws”.
Contractor agrees to collect and maintain information to show compliance with the “antidiscrimination laws” including a list of discrimination complaints, reports of any compliance reviews conducted by other agencies, descriptions of any pending discrimination-based lawsuits, and data on the racial, ethnic, national origin, sex, and handicap characteristics of the population it serves.
Contractor, its contractors and subcontractors shall give written notice of their obligations under this Article to labor organizations with which they have a collective bargaining or other agreement.
Contactor’s signature on this Contract shall constitute a certification under penalty of perjury under the laws of the State of California that Contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code, Section 12990, and Title 2, California Code of Regulations, Section 8103.
Contractor shall include the nondiscrimination and compliance provisions of this Section in all contracts and subcontracts to perform work on the Project.
21.4 WORKER’S COMPENSATION CLAUSE
Contractor affirms that it is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and Contractor affirms that it will comply with such provisions before commencing performance of work under this Contract and will make its contractors and subcontractors aware of this provision.
21.5 DRUG-FREE WORKPLACE CERTIFICATION
By signing this Contract, Contractor hereby certifies under penalty of perjury under the laws of the State of California that Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
(b) Establish a Drug-Free Awareness program to inform employees about all of the following:
1. The dangers of drug abuse in the workplace;
2. The person’s or organization’s policy of maintaining a drug-free workplace;
3. Any available counseling, rehabilitation and employee assistance programs;
4. Penalties that may be imposed on employees for drug abuse violations. (c) Every employee who works on the Project:
1. Shall be issued a copy of Contractor’s drug-free policy statement;
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2. Shall agree to abide by terms of Contractor’s statement as a condition of employment on the Project.
This Contract may be subject to suspension of payments or termination, or both, and Contractor may be subject to debarment if State determines that: (1) Contractor has made a false certification, or (2) Contractor has violated the certification by failing to carry out the requirements of this Section.
21.6 LABOR COMPLIANCE
Contractor shall comply with Public Resources Code Section 75075 regarding labor compliance programs (as such term is defined in California Labor Code Section 1771.5(c), “Labor Compliance Programs). Contractor’s failure or refusal to comply with this requirement shall be considered a substantial breach of this Contract. This project is subject to a Labor Compliance Program. CONTRACTOR shall comply with all requirements of the Labor Compliance Program as indicated in the Contract Documents, in OWNER’s labor compliance program document, and/or as required by the Department of Industrial Relations. CONTRACTOR shall permit OWNER or its designee to interview CONTRACTOR’s employees concerning compliance with prevailing wage, apprenticeship, and related matters, whether or not during work hours, and shall require each subcontractor to provide OWNER with such access to its employees.
21.7 PROJECT SIGNAGE
Contractor shall furnish and install a professionally prepared sign that is four-feet tall by eight-feet wide and made of ¾-inch thick exterior grade plywood or other approved material. The sign shall be installed in a prominent location on the Project Site as directed by the Engineer and maintained in good condition throughout the duration of the project by the Contractor. The sign shall include the City of McFarland Logo, the State Water Boards Logo, the CCI Logo, and the Dee Jaspar & Associates Logo all in color and include language and information as specified by the Engineer. The language shall include “Funding for this project has been provided in full or in part under the Safe and Affordable Funding for Equity and Resiliency (SAFER) Drinking Water Program through an agreement with the State Water Resources Control Board.”
(END OF SECTION)
PROGRESS PAYMENT REQUEST RELEASE FORM
OWNER: City of McFarland
NAME OF CONTRACTOR:
PROJECT DESCRIPTION: Drilling of a Municipal Water Well – Elmo Well PERIOD WORK PERFORMED:
PAYMENT REQUEST FOR THE WORK PERIOD COVERED:$_________________________ RETENTION AMOUNT FOR THIS PERIOD: $
The above named Contractor hereby acknowledges the above dollar amount represents payment in full for all compensation of whatever nature due the Contractor for all labor and materials furnished and for all work performed on the above-referenced project for the period specified above with the exception of disputed claim amounts specifically shown below.
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may have, of whatever type or nature, for the period specified which is not shown as a disputed claim on this form. This release and waiver has been made voluntarily by Contractor without any fraud, duress, or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials and work due subcontractors for the specified period have been paid in full and that the parties signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporate, etc.)
By
By_____ ______
PROGRESS/FINAL PAYMENT RELEASE FORM
OWNER: City of McFarland
NAME OF CONTRACTOR:
PROJECT DESCRIPTION: Drilling of a Municipal Water Well – Elmo Well PERIOD WORK PERFORMED:
PAYMENT REQUEST FOR THE WORK PERIOD COVERED:$_________________________ RETENTION AMOUNT FOR THIS PERIOD: $
The above named Contractor hereby acknowledges payment in full for all compensation of whatever nature due the Contractor for all labor and materials furnished and for all work performed on the above-referenced project for the period specified above with the exception of disputed claim amounts specifically shown below.
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may have, of whatever type or nature, for the period specified which is not shown as a disputed claim on this form. This release and waiver has been made voluntarily by Contractor without any fraud, duress, or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials and work due subcontractors for the specified period have been paid in full and that the parties signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporate, etc.)
By
By_____
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
Upon receipt by the undersigned of a check from __________________________________________ (Maker of Check) in the sum of $ payable to (Amount of Check) (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of
City of McFarland located at Drilling of a Municipal Water Well – Elmo Well (Owner) (Job Description)
to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to
through
(Your Customer) (Date)
only and does not cover any retentions retained before or after the release date or extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. Likewise the rights based upon any work performed or items furnished which the undersigned, or the Contractor, believe should be paid as part of a change order are covered by this release unless specifically reserved by the claimant. This release and waiver has been made voluntarily without any fraud, duress, or undue influence by any person or entity.
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
DATE: (Company Name)
By: _______________________ (Signature) (Title)
UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
The undersigned has been paid and has received a progress payment in the sum of $ for labor, services, equipment and/or material furnished to on the job of City of McFarland located at Drilling of a Municipal Water Well – Elmo Well (Owner) (Job Description) and does hereby release any mechanic's lien, stop notice, or bond right that the undersigned has on the above referenced job to the following extent. This release covers a progress payment for labor, services, equipment and/or materials furnished to
_________ through only, and does not
(Your Customer) (Date)
cover any retentions retained before or after the release date or extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. Likewise the rights based upon any work performed or items furnished which the undersigned, or the Contractor, believe should be paid as part of a change order are covered by this release unless specifically reserved by the claimant. This release and waiver has been made voluntarily without any fraud, duress, or undue influence by any person or entity.
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
DATE: (Company Name)
By: _______________________ (Signature) (Title)
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM.
CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
Upon receipt by the undersigned of a check from
(Maker of Check)
in the sum of $ payable to
(Amount of Check) (Payee or Payees of Check)
and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of
City of McFarland located at Drilling of a Municipal Water Well – Elmo Well (Owner) (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job. Likewise, this release covers rights based upon any work performed or items furnished which the undersigned, or the Contractor, believe should be paid as part of a change order are covered by this release unless specifically reserved by the claimant. This release and waiver has been made voluntarily without any fraud, duress, or undue influence by any person or entity.
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
DATE: (Company Name)
By: _______________________ (Signature) (Title)
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
The under signed has been paid in full for all labor, services, equipment or material furnished to ___________ on the job of City of McFarland (Your Customer) (Owner) located at Drilling of a Municipal Water Well – Elmo Well and does (Job Description) hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job. This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job. Likewise, this release covers rights based upon any work performed or items furnished which the undersigned, or the Contractor, believe should be paid as part of a change order are covered by this release unless specifically reserved by the claimant. This release and waiver has been made voluntarily without any fraud, duress, or undue influence by any person or entity.
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
DATE: (Company Name)
By: _______________________ (Signature) (Title)
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SECTION T
TECHNICAL SPECIFICATIONS
CITY OF McFARLAND
DRILLING OF A MUNICIPAL WATER WELL – ELMO WELL
WATER SYSTEM IMPROVEMENT & TREATMENT PROJECT – PHASE 1
MAY 2026
City of McFarland T-i
Drilling of a Municipal Water Well – Elmo Well
CITY OF McFARLAND
DRILLING OF A MUNICIPAL WATER WELL – ELMO WELL
WATER SYSTEM IMPROVEMENT & TREATMENT PROJECT – PHASE 1
SECTION T – TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
1.0 SCOPE OF WORK ......................................................................................................................T-1
1.1 GENERAL ....................................................................................................................................T-1
2.0 MOBILIZATION, DEMOBILIZATION AND CLEAN UP ..............................................................T-4
2.1 SCOPE .........................................................................................................................................T-4
2.2 SITE FENCING ............................................................................................................................T-4
2.3 CONSTRUCTION WATER ..........................................................................................................T-4
2.4 REMOVAL AND STORAGE OF DRILLING FLUIDS AND CUTTINGS ......................................T-4
2.5 DISPOSAL OF WATER ...............................................................................................................T-5
2.6 SOUND ABATEMENT .................................................................................................................T-5
2.7 ENVIRONMENTAL ......................................................................................................................T-5
2.8 CULTURAL RESOURCES ..........................................................................................................T-5
2.9 SUBMITTALS ...............................................................................................................................T-6
2.10 MEASUREMENT AND PAYMENT ..............................................................................................T-6
3.0 CONDUCTOR ..............................................................................................................................T-7
3.1 SCOPE .........................................................................................................................................T-7
3.2 MATERIAL REQUIREMENTS .....................................................................................................T-7
3.3 INSTALLATION REQUIREMENTS .............................................................................................T-7
3.4 CEMENT SEAL MATERIALS ......................................................................................................T-8
3.5 CEMENT SEAL INSTALLATION .................................................................................................T-8
3.4 MEASUREMENT AND PAYMENT ..............................................................................................T-8
4.0 PILOT HOLE ................................................................................................................................T-9
4.1 SCOPE .........................................................................................................................................T-9
4.2 CONSTRUCTION RECORDS AND DELIVERABLES ................................................................T-9
4.3 PILOT HOLE CONSTRUCTION ..................................................................................................T-9
4.4 RIGHT NOT TO CONSTRUCT THE WELL ...............................................................................T-14
4.5 MEASUREMENT AND PAYMENT ............................................................................................T-14
5.0 REAMING PILOT HOLE ...........................................................................................................T-16
5.1 SCOPE .......................................................................................................................................T-16
5.2 REAMED HOLE .........................................................................................................................T-16
5.3 REJECTED WELL .....................................................................................................................T-16
5.4 MEASUREMENT AND PAYMENT ............................................................................................T-17
6.0 WELL CASING ..........................................................................................................................T-18
6.1 SCOPE .......................................................................................................................................T-18
6.2 CASING MATERIALS ................................................................................................................T-18
6.3 CASING INSTALLATION ...........................................................................................................T-19
6.4 REJECTED WELL .....................................................................................................................T-21
6.5 MEASUREMENT AND PAYMENT ............................................................................................T-21
7.0 GRAVEL FEED TUBE AND SOUNDING TUBE PIPES ...........................................................T-22
7.1 PIPE MATERIALS ......................................................................................................................T-22
7.2 TUBE INSTALLATIONS .............................................................................................................T-22
7.3 MEASUREMENT AND PAYMENT ............................................................................................T-22
City of McFarland T-ii
Drilling of a Municipal Water Well – Elmo Well
8.0 GRAVEL ENVELOPE ................................................................................................................T-23
8.1 SCOPE .......................................................................................................................................T-23
8.2 GRAVEL MATERIALS ...............................................................................................................T-23
8.3 GRAVEL INSTALLATION ..........................................................................................................T-23
8.4 MEASUREMENT AND PAYMENT ............................................................................................T-24
9.0 BENTONITE ANNULAR SEAL .................................................................................................T-25
9.1 SCOPE .......................................................................................................................................T-25
9.2 BENTONITE SEAL MATERIALS ...............................................................................................T-25
9.3 BENTONITE SEAL INSTALLATION ..........................................................................................T-25
9.4 MEASUREMENT AND PAYMENT ............................................................................................T-25
10.0 DEVELOPMENT BY AIR-LIFTING AND SWABBING .............................................................T-26
10.1 SCOPE .......................................................................................................................................T-26
10.2 DEVELOPMENT METHOD .......................................................................................................T-26
10.3 CHEMICAL DEVELOPMENT .....................................................................................................T-26
10.4 MEASUREMENT AND PAYMENT ............................................................................................T-27
11.0 DEVELOPMENT BY PUMPING AND SURGING .....................................................................T-28
11.1 SCOPE .......................................................................................................................................T-28
11.2 PUMPING EQUIPMENT AND MATERIALS ..............................................................................T-28
11.3 DEVELOPMENT METHOD .......................................................................................................T-28
11.4 DEVELOPMENT RECORDS .....................................................................................................T-29
11.5 CHEMICAL DEVELOPMENT .....................................................................................................T-29
11.6 MEASUREMENT AND PAYMENT ............................................................................................T-29
12.0 PRODUCTION TESTING ..........................................................................................................T-30
12.1 SCOPE .......................................................................................................................................T-30
12.2 TESTING METHODS .................................................................................................................T-30
12.3 TESTING RECORDS .................................................................................................................T-30
12.4 BAILING AND CLEANUP ..........................................................................................................T-31
12.5 MEASUREMENT AND PAYMENT ............................................................................................T-31
13.0 WELL VIDEO AND DELIVERABLES .......................................................................................T-32
13.1 WELL VIDEO .............................................................................................................................T-32
13.2 DELIVERABLES ........................................................................................................................T-32
13.3 MEASUREMENT AND PAYMENT ............................................................................................T-32 STATEMENT OF EXPERIENCE OF BIDDER .......................................................................................T-33
City of McFarland T-1
Drilling of a Municipal Water Well – Elmo Well
SECTION T
DRILLING OF A MUNICIPAL WATER WELL – ELMO WELL
WATER SYSTEM IMPROVEMENT & TREATMENT PROJECT – PHASE 1
WELL DRILLING TECHNICAL SPECIFICATIONS
1.0 SCOPE OF WORK
1.0.1 DESCRIPTION OF WORK
The work includes an 870-foot deep pilot hole, conducting water quality sampling, reaming the pilot hole and constructing an 870-foot deep production well, using the reverse rotary drilling method.
The work includes supplying all labor, materials, and equipment, performing all drilling, zone sampling, testing, developing, and test pumping, placing all casing, gravel pack and seals, and cleanup at the site specified herein.
1.0.2 LOCATION OF WORK
The well is located in the northwest quarter of Section 12, T26S, R25E, M.D.B. & M. The well site is located on the south side of Elmo Highway approximately ¼ mile west of Highway 99.
The site is approximately 95 feet by 400 feet.
1.1 GENERAL
1.1.1 EXPERIENCE AND QUALIFICATIONS
The CONTRACTOR shall have had a California Well Driller's License for at least ten (10) years and have constructed at least five reverse rotary large-capacity municipal wells to a depth of at least 1,000 feet and shall have conducted zone testing as described herein for those wells. The CONTRACTOR shall submit a list of water wells completed in the last five (5) years that are comparable in depth to this project. The CONTRACTOR's attention is directed to the page titled "Statement of Experience of Bidder", T-32 of these Specifications. The list shall be submitted as a part of the bid proposal.
1.1.2 SUPERVISORS AND PERSONNEL
The CONTRACTOR shall employ only competent workers for the execution of its work and all such work shall be performed under the direct supervision of an experienced well driller satisfactory to City of McFarland or its agents. An experienced Tool Pusher shall be in charge of the project, and shall be continuously available for consultation with the City during drilling and testing. The tool pusher shall be subject to approval by the City. The resume of the tool pusher shall be submitted as a part of the bid proposal.
1.1.3 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 the best 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.
City of McFarland T-2
Drilling of a Municipal Water Well – Elmo Well
1.1.4 PRE-CONSTRUCTION CONFERENCE
Prior to beginning the work, a conference shall be held among the CONTRACTOR, his Subcontractor for pumping and development, if any, and representatives of the City. At that time the responsibilities of the Contract parties, procedures for payments and changes, schedules, coordination of inspection and testing will be discussed.
1.1.5 ORDER OF WORK
The CONTRACTOR shall be responsible for notifying the City when he will be performing work 48 hours prior to commencing work. Prior to commencing work, the CONTRACTOR shall meet with the City to determine the schedule to be followed in performing the work. It shall be the responsibility of the CONTRACTOR to stay in constant communication with the City and/or its agents and be available to respond to any difficulties that may arise as a result of the work. In addition, the CONTRACTOR may begin his work in whatever order desired, but shall complete that portion he begins before commencing any other portion of the work.
1.1.6 MATERIALS AND SUPPLIES
All materials and supplies shall be new and free of rust or damage of any kind. The unit price or lump sum bids shall include all sales and other taxes which may be payable. The bid quantities are subject to change as a result of the actual conditions encountered during the well drilling and testing stages and shall be compensated for in accordance with the bid unit prices.
1.1.7 REMOVING OBSTRUCTIONS
The CONTRACTOR shall remove all trash, stones, debris and other items that prove to be obstructions including trees, tree roots and abandoned pipe that may be encountered in excavation or construction.
1.1.8 CLEARING AND GRUBBING
The CONTRACTOR shall clear and grub the site prior to performing his work. All topsoil containing organic material shall be cleared, removed from the project site, and legally disposed of by the Contractor. The limits of clearing shall be the boundary of the 0.9-acre well site shown on the Drawings.
1.1.9 PROGRESS OF THE WORK AND TIME FOR COMPLETION
The CONTRACTOR shall complete all parts of the work as agreed upon in the approved schedule. But in any event, work shall be completed before the expiration of forty-five (45) calendar days from the Notice to Proceed.
1.1.10 INTERFERENCE WITH EXISTING SURFACE FEATURES
If well construction is interfered with by existing surface features that are not called out to be relocated, the CONTRACTOR shall bring such interferences to the attention of the City or its agents. After review of the situation, the City shall direct the CONTRACTOR how to work around the obstructing feature or remove and/or reconstruct same.
1.1.11 LIMITS OF WORK
Precise location and limits of work will be designated in the field by the City. The Contractor’s work shall be limited to the one-acre well site shown on the Drawings. The City will set line and grade stakes and markers as needed for this project. The CONTRACTOR shall give forty-eight (48) hours notice when he requires the services described herein. The CONTRACTOR
City of McFarland T-3
Drilling of a Municipal Water Well – Elmo Well
shall preserve all said stakes and shall be liable for any expense incurred in replacing said stakes.
1.1.12 PERMITS
The CONTRACTOR shall obtain a drilling permit from the Kern County Environmental Health Services Department (KCEHSD) and a copy of the permit shall be provided to the CITY. It is the CONTRACTOR's responsibility to arrange for any inspections required by any permitting agency including, but not limited to, the Kern County Environmental Health Services Department.
The Contractor shall be responsible for obtaining and complying with a City of McFarland encroachment permit for all work within the City right-of-way.
1.1.13 PROTECTION OF EXISTING FACILITIES
The CONTRACTOR shall protect and preserve all existing gas pipes, electrical conduits, wires, sewers, drains, manholes, water lines, fire hydrants, canals, fencing, and other structures, and in case of damage they shall be restored by him without additional compensation to as good a condition as they were found. Underground Service Alert (U.S.A.) shall be notified 48 hours prior to excavation.
1.1.14 WATER WELL STANDARDS
All work on this project shall comply with the Water Well Standards: State of California as outlined by the State of California, Department of Water Resources in Bulletin 74-81, December, 1981 and Bulletin 74-90, January 1990 and the Kern County Water Well Ordinance. Any deviation from these standards requires approval from the City and the State of California, Department of Health Services. For standards that are periodically updated, the most current version of said standards shall be used.
1.1.15 OPERATING REQUIREMENTS
The CONTRACTOR must provide for continuous operation from the time drilling is commenced to completion of gravel and cement seal installation, and more particularly as noted herein. No unnecessary delays or work stoppages will be tolerated. The CONTRACTOR shall be held responsible and payment may be withheld for damages done to the well due to any cause or negligence or faulty operation. The well hole shall be drilled continuously from commencement to total depth.
(END OF SECTION)