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C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.
D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.
ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.
At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to t ransmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.
ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
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C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.
D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE
A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.
B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities may not be not shown on the Plans. Any connections shown on the Plans a re general locations. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of s ervice connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work.
D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the City shall assume the responsibility for their timely removal, relocation, or protection.
E. Contractor, except in an emergency, shall contact the appropriate regional notification center (USA North), Northern California Underground Service Alert at 811 or 1 -800-227-2600 or on -line at usanorth811.org at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification
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number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.
ARTICLE 7 SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:
1. those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and
2. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or
2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.
ARTICLE 8 CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full -time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.
ARTICLE 9 WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.
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ARTICLE 10 INDEPENDENT CONTRACTORS
Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.
ARTICLE 11 SUBCONTRACTS
A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Docu ments shall create any contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.
ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub -subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.
ARTICLE 13 REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.
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C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than 15 (15) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion t o determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following information:
1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.
3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple subm ittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.
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H. The Contractor shall bear the costs of all City work associated with the review of substitution requests.
I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.
ARTICLE 14 SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.
B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve C ontractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written acceptance. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.
ARTICLE 15 SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents.
The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Docu ments. Work shall be in accordance with approved samples and submittals.
ARTICLE 16 MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all
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other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.
D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.
E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.
F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall b e submitted to the Engineer for consideration before proceeding with the Work.
G. The City shall provide compensation for actual quantities of materials installed in accordance with the Contract Documents and at the price set forth in the Contractor’s bid and/or executed change order. The City is not obligated to pay for materials stored on/off site but not yet installed in accordance with the Contract Documents.
ARTICLE 17 PERMITS AND LICENSES
A. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the W ork and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City. Any construction permits required by City for perf orming any work on this project will be issued by City at no charge to Contractor. Contractor and all subcontractors shall maintain a City business license at all times they are performing the Work.
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ARTICLE 18 TRENCHES
A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the pla n shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and prov ide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. 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 parties.
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ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances, and provide the City Engineer with detailed records and quantities of the materials that were sent to recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
ARTICLE 21 SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities requir ed by Cal/OSHA shall be the responsibility of the Contractor.
ARTICLE 22 AIR POLLUTION CONTROL
Contractor shall comply with all air pollution and dust control rules, regulations, ordinances and statutes, including, but not limited to, those required by the Air Quality Management District. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements application to “portable equipment”, which defini tion is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall comply with the CARB’s regulation regarding the use of off-road diesel fueled fleets, sections 2449, 2449.1, and 2449.2 of Title 13 of the California Code of Regulations. Contractor shall provide the City with a Certificate of Reported Compliance for all applicable vehicles used by Contractor or any subcontractor with diesel -fueled or alternative diesel fueled off -road compression-ignition engines with a maximum power of 25 horsepower or greater provided the vehicles cannot be registered and driven safely on -road or were not designed to be driven on -
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road, even if they have been modified so that they can be driven safely on road. Noncompliant fleets are prohibited from being used on the Project. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
ARTICLE 23 LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense.
ARTICLE 24 TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.
E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.
F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
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ARTICLE 25 PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk.
Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building c odes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.
ARTICLE 26 CONTRACTOR’S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.
ARTICLE 27 AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.
ARTICLE 28 HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.
Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one - half times the basic rate of pay.
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B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contr act. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.
C. The Contractor shall pay to the City a penalty of twenty -five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. Contractor shall also timely notify the City when work will be performed outside regular working hours or on weekends or holidays.
E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the
8.5 hour working day may be changed to other limits subject to city/county ordinance.
F. Refer to the most current version of the City of Milpitas Noise Abatement Ordinance, Ord. 196.6 of the Municipal Code Section V -213. It shall be unlawful for any person to engage or permit to engage in construction of any building or related road or walkwa y, pool, or landscape improvement or in the construction operations related thereto including to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless otherwise approved by the City:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools
ARTICLE 29 PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor
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shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner und er Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.
E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in s uch a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.
G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Shou ld noncompliance still be evident after such 10 -day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is
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effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.
H. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 30 PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The differenc e between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sect ions 1725.5 and 1771.1 in any subcontract and ensure that all
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subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
ARTICLE 32 EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.
B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non -compliance pursuant to Labor Code section 1777.7.
D. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, ph ysical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during e mployment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.
Employment Eligibility; Contractor . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employe e of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of t he Contract.
Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such v erification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.
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Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.
Employment Eligibility; Failure to Comply . Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.
ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
ARTICLE 35 LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.
The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Sta ndards. Contractor shall adhere to the City’s lock out tag out program.
ARTICLE 36 INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Ci ty that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required und er this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required
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by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certi ficates and endorsements must be received and approved by the City before Work commences.
A. Additional Insureds; Waiver of Subrogation . The City, its elected and appointed officials, officers, attorneys, agents employees and volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including complet ed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance cov erage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder.
Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.
B. Workers’ Compensation Insurance . The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.
The Contractor shall file with the City certificates of his insurance prot ecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.
C. Employer’s Liability Insurance . Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Ins urance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.
D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The
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policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability Insurance or other form with a general aggregate limit i s used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.
1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits se t forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.
2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions re lating to liability for injury to or death of persons and damage to property.
4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insu red endorsement described in the Contract Documents.
5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
E. Automobile Liability Insurance . Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of
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automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
F. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.
ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self -insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “f ollow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
B. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.
C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.
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D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self -insured programs shall not be construed as contributory.
E. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
F. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.
ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contracto r shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Cont ractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed as determined by the City. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. The Contractor shall implement measures and make contingencies as may be required to protect the Work and to all allow Work to proceed during wet or inclement weather to prevent delay or stoppage.
Extension of Time Due to Weather Delays : The City and Contractor mutually agree that excusable delay events associated with the occurrence of inclement weather will be based only on conditions that were not foreseeable at the time the Contract was entered into. The Contractor’s construction schedule shall include an allowance for the following schedule of expected weather delay days. If the Contractor encounters fewer inclement weather days per month or in total than shown below, then the City has the right to use the unencountered balance of days as an offset against any other claims for excusable delays or Owner -caused
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delays. Actual inclement weather days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled work day. All Contractor claims for excusable delay due to excessive inclement weather shall be for critical path work only and must be supported by a Time Impact Analysis as described in Article
42. No additional compensation will be granted for an excusable delay.
Month Calendar
Days
January 6
February 6
March 7
April 4
May 3
June 1
July 0
August 1
September 2
October 2
November 3
December 5
Total Annual Inclement Weather
Days
40 C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an ext ension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
D. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City:
A. When requested by the Engineer, and within ten (10) Days of Notice to Proceed with the Contract, the Contractor shall provide a Schedule of Values consisting of
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a detailed estimate giving a complete breakdown of the Contract price for each lump sum bid item in the Contract.
B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
D. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
E. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.
ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared.
Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.
B. The Contractor shall provide an updated project schedule with each payment request.
C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.
2. Defective work not remedied.
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3. Failure of Contractor to make proper payments to his subcontractor or for material or labor.
4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the City for claims against Contractor.
7. Failure of Contractor to keep the record (“as-built”) drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law.
In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith . Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.
E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and proper ly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.
F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.
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ARTICLE 41 SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance u nder the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.
ARTICLE 42 CHANGES AND EXTRA WORK.
A. Contract Change Orders.
1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
2. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for addi tional compensation shall be presented in writing. No claim will be considered after the Work in question has been completed unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.
3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.
4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.
5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously.
6. Contractor shall make available to the City any of the Contractor’s documents related to the Project immediately upon request of the City, as set forth in Article 52.
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7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.
B. Contract Price Change.
1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days. b. Contractor Initiated Change . The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury.
e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum c hange to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion o f the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.
2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item is found to vary from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deducti ve Final Change Order pursuant to the Contract Documents. Contractor shall immediately inform the Engineer when the actual quantities vary from estimated quantities.
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b. No Mark up for Overhead and Profit . Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders.
c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.
d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work. Upon notification, Contractor’s failure to respond within seven (7) Days will result in City’s issuance of a unit quantity adj ustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents.
3. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeshi p funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new
classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery.
Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion.
c. Tool and Equipment Use . Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark -ups established below. Regardless of ownership, the rates to be used in determining equipmen t use costs shall not exceed listed rates
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prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.
4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the C ity, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items.
b. Timely and Final Documentation.
i. T&M Daily Sheets . Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s Representative for an approval signature each day Additional Work is performed.
Failure to get the City’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The City’s Representative’s signature on time sheets only serves as verification th at the Work was performed and is not indicative of Ci ty’s agreement to Contractor’s entitlement to the cost.
ii. T&M Daily Summary Sheets. All documentation of incurred costs (“T&M Daily Summary Sheets”) shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as
Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic
spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet shall include
Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a
total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the
Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s
failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs.
iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following completion of City approved Additional Work. Contractor’s total actual
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cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work wi ll result in Contractor’s waiver for any reimbursement of any costs associated with the T&M
Summary Sheets or the performance of the Additional Work. c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers fo r health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the 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.
The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.
i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor ide ntified in the Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage. i. Trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the City’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the
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purchaser for similar materials from said sources on
Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the City’s Representative, the cost of materials is excessive, or Contractor does not furnish
satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts.
v. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by
Contractor for costs of such materials or Indirect Costs or profit on City furnished materials.
e. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project site shall be the time the equipment is in
productive operation on the Additional Work being
performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another locatio n requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed . Rental time will not be
allowed while equipment is inoperative due to
breakdowns.
(b) Computation Method. The following shall be used in computing the rental time of equipment on the
Project site.
(i) When hourly rates are paid, any part of an
hour less than 30 minutes of operation shall
be considered to be 1/2 -hour of operation,
and any part of an hour in excess of 30
minutes will be considered one hour of
operation.
(ii) When daily rates are paid, any part of a day
less than 4 hours operation shall be
considered to be 1/2 -day of operation, and
any part of an hour in excess of 4 hours will
be considered one day of operation.
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ii. Rental Rates . Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates , which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the City’s Representative. Contractor may furnish cost data which might assist the City’s Representative in the establishment of the rental rate.
iii. Contractor-Owned Equipment.
(a) For Contractor -owned equipment, the allowed
equipment rental rate will be limited to the monthly
equipment rental rate using a utilization rate of 173
hours per month.
(b) For Contractor-owned equipment, the rental time to
be paid for equipment on the Site shall be the time
the equipment is in productive operation, unless, in
the instance of standby time, the equipment could be
actively used by Contractor on another project, then
City shall pay for the entirety of the time the
equipment is on Site. It shall be Contractor’s burden
to demonstrate to the City that the equipment could
be actively used on another project.
(i) All equipment shall, in the opinion of the
City’s Representative, be in good working
condition and suitable for the purpose for
which the equipment is to be used.
(ii) Before construction equipment is used on
the Additional Work, Contractor shall plainly
stencil or stamp an identifying number
thereon at a conspicuous location, and shall
furnish to the City’s Representative, in
duplicate, a description of the equipment and
its identifying number and the scheduled
Additional Work activities planned.
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(iii) Unless otherwise specified, manufacturer’s
rating 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.
f. Special Services . Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. i. Invoices for Special Services . When the City’s
Representative and Contractor determine that a special
service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City’s Representative.
ii. Discount and Allowance . All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services.
iii. When the City determines, in its sole discretion, that competitive bidding is necessary for certain special
services, Contractor shall solicit competitive bids for those special services.
g. Excluded Costs. The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit.
i. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general
managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel emp loyed by
Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work;
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ii. Office Expenses. Expenses of Contractor’s principal and branch offices;
iii. Capital Expenses . Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Additional Work and charges against
Contractor for delinquent payments;
iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the
correction of Defective Work, disposal of materials or
equipment wrongly supplied, and making good any damage
to property;
v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; ix. Home Office Overhead . Costs derived from the
computation of a “home office overhead” rate by application of the Eichleay, Allegheny , burden fluctuation, or other similar methods;
x. Special Consultants and Attorneys . Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges . The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials, and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up. Contractor
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shall provide City with documentation of the costs, including, but not limited to, payroll records, invoices, and such other information as City may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark -up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty -five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
5. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, tim ekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On -Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums.
6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors
7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.
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8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contr act Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price.
The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.
10. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require.
C. Change of Contract Times.
1. The Contract Times may only be changed by a Change Order.
2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Order s must state that the Contract Time is not changed or is either increased or decreased by a specific number of days.
Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.
3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless City’s Representative allows an additional period of time to ascertain more accura te data in support of the request.
No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.
4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors.
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5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. b. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion.
Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.
6. Contractor’s entitlement to an extension of the Contract Times is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the cont rol of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non -compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
i. Contractor shall immediately notify in writing the utility owner and City’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of u tilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.
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7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them ma y be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event.
8. No Damages for Reasonable Delay.
a. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.
b. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.
9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article.
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10. Contractors submission of daily construction reports and schedule updates in accordance with these Contract Documents is required for the evaluation of the merits of time extension request. Failure of the Contractor to submit daily construction reports and schedule updates shall constitute a waiver of its right to seek a time extension or additional compensation.
ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT
A. Final Inspection . Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.
B. Final Acceptance. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guara ntees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as- builts), and other documents required by the Contract Documents, the City shall execute and file with the County in whi ch the Project is located a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.
C. Final Payment.
1. Application for Payment . Upon execution of the Notice of Completion, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied (except as previously delivered) by: all documentation called for in the Contract Documents, including but not limited to a fully completed Conditional Waiver and Release on Final Payment
2. City’s Review of Application and Acceptance. If, on the basis of the City’s observation of the Work during construction and final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the City is satisfied that the Work has b een completed and Contractor has satisfied all other requirements for final payment, the City will process the final payment application. Otherwise, the City will return the payment application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application for payment.
3. Payment Becomes Due. Within sixty (60) Days after the presentation to the City of the proper and complete final application for payment and accompanying documentation, the amount recommended by the Engineer, less any sum the City is entitled to set off pursuant to the Contract Documents, will become due and will be paid by the City to Contractor.
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D. Waiver of Claims. The making and acceptance of final payment will constitute a waiver of all Claims by Contractor against the City other than those previously made in accordance with the requirements herein and expressly acknowledged by the City in writing as still unsettled.
ARTICLE 44 OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.
ARTICLE 45 INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against:
A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all conseq uential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized vol unteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.
B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.
C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s 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 Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.
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Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its of ficials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herei n provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.
ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 42, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Se ction 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 42 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or dam ages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all pr ocedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 42, Changes and Extra Work, and Contractor’s request for a change has bee n denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
C. Supporting Documentation. The Contractor shall submit all claims in the following format:
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1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
2. List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
3. Chronology of events and correspondence
4. Analysis of claim merit
5. Analysis of claim cost
6. Time Impact Analysis in CPM format
D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement.
1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45 -Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
2. Within 30 Days of receipt of a claim, the City may request in writing 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 subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 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 or requested documentation, whichever is greater.
E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in
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writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
F. Mediation. Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains i n dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
G. Procedures After Mediation. If following the mediation, 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 Governme nt Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:
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1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a m ore favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be i nclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause by the City:
1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within
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such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors sho uld violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.
2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of s aid notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor.
3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor.
The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article.
B. Termination for Convenience by the City:
1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest.
2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination.
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3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to
substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, whic h costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with p articularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.
5. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contr act Documents, the following amounts:
a. All actual reimbursable costs incurred according to the provisions of this Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of
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the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.
C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.
ARTICLE 48 WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly r epair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.
B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected.
Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above -mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereun der immediately upon demand.
C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that
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such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required.
D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable t o any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.
E. The Contractor shall remedy at its expense any damage to City -owned or controlled real or personal property.
F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.
G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.
H. Acceptance of Defective Work.
1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work.
2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City.
3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.
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4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City.
I. City May Correct Defective Work.
1. If Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.
2. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work.
3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price.
4. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.
5. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.
6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City.
7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work.
J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.
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ARTICLE 49 DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.
C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.
ARTICLE 50 SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.
C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of su ch other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.
ARTICLE 51 NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever
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is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification.
ARTICLE 53 STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of th e date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Regist rar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
ARTICLE 54 INTEGRATION
A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor.
ARTICLE 55 ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void.
Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents i n favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.
ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all ri ghts, title, and interest in and to all
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causes of action it may have under Section 4 of the Clayton Act (15 USC, 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 the purchase of goods, s ervices, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.
ARTICLE 58 PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, cons truction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.
ARTICLE 59 CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.
ARTICLE 60 JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Santa Clara County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.
ARTICLE 61 LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.
B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.
ARTICLE 62 PATENTS
Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, arti cle or appliance manufactured, furnished or used by Contractor in the performance of this contract.
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ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all d ocuments shall be returned to the City on request at completion of the Work.
ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
ARTICLE 65 SURVIVAL OF OBLIGATIONS
All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of th e Work or termination or completion of the Contract or termination of the services of Contractor.
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1.1 Engineer of Record.
A For purposes of this Project, the Engineer of Record or Engineer shall be Michael Silveira, P.E., City Engineer.
1.2 Location of the Project.
A The Project is located on E. Calaveras Boulevard between N. Milpitas Boulevard and S. Park Victoria Drive and on E. Calaveras Boulevard between S. Abbott Avenue and Butler Street (Bid Alternative #2 and #3).
B The general location of the Project is shown on sheet 1 of the project drawings.
1.3 Status of the Project Area and Rights-of-Way.
A City, at its expense, will provide all rights -of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Southern Pacific Railroad Company, before Contractor enters upon any property or right -of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.
B City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work.
C If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.
D Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City.
E Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City.
F. The City has obtained an encroachment permit for the work on E. Calaveras Blvd, within Caltrans right of way (Appendix B). Contractor is responsible for to apply Caltrans Rider Permit and follow approved Traffic Control Plan.
G. Contractor to prepare and submit Traffic Control Plan to Caltrans for work performed under Bid Alternative #2 and #3
1.4 Site Data.
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Not Applicable
1.5 Designation of City’s Representative.
A Unless otherwise modified by City, City’s Representative shall be Lyhak Eam, P.E., Public Works Division Manager – Engineering, 408-586-3349.
1.6 Project Retention
In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project.
1.7 Liquidated Damages Due to Contractor Delay.
A Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to $2,800 per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified.
B Liquidated damages may be deducted from progress payments due to Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor.
1.8 Utility Outages – Notices to Residents.
A Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage.
Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage.
B Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.
1.9 Schedule Constraints.
A The contractor’s construction schedule shall be in compliance with the schedule constraint as outlined in the Caltrans approved encroachment permit. (Appendix B)
B City has considered these Schedule Constraints when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Constraints.
C Work on E. Calaveras Boulevard shall be limited to off-peak hours as determined in the Traffic Control Plans and approved Caltrans Encroachment Permit (Appendix B). Full road closures will not be permitted.
1.10 Safety Programs.
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A In addition to all other safety requirements of the Contract Documents, Contractor must comply with Cal OSHA requirements at all times during the completion of the Work.
B City has considered these Safety Programs when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Programs.
1.11 Coordination with Other Contractors.
A City Public Works Department
END OF SPECIAL CONDITIONS
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PART 1 GENERAL
1.1 DESCRIPTION
A. The project scope includes, but not limited to, removing and disposing of existing landscaping, excavating, installing cobblestone concrete paving and re -stain existing stained concrete.
PART 2 (NOT USED)
PART 3 EXECUTION
3.1 LAYOUT OF WORK AND QUANTITY SURVEYS
A. General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.
City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work.
Primary control consists of benchmarks and horizontal control points in the vicinity of the Work. A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control and shall advise the City Representative of any discrepancies.
B. Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place. The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades. If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations.
All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative.
C. Surveying
i. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:
(a) Right-of-way and alignment of tangents and curves shall be within
0.1 foot.
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(b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
(c) Cross-section points shall be located within 0.1 foot, horizontally and vertically.
(d) Aerial Mapping shall meet National Mapping Standards for 2- foot contour intervals.
D. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.
E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work.
3.2 SCHEDULE
A. Estimated Schedule. Within 21 Days after the issuance of the Notice of Award, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not i n any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Cont ract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
B. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities.
The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The overall Project Schedule duration shall be within the Contract time.
C. Weather Allowance. The schedule shall allow adequate time for inclement weather.
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D. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules s howing a three-week detailed look -ahead at bi -weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.
3.3 TEMPORARY FIELD OFFICE
A. Utility Services. Contractor, at its expense, shall arrange for, develop and maintain all utilities, including but not limited to water, electric power, sewage disposal and telephone communications, at the Site to meet the requirements of the Work.
B. Sanitation. The Contractor shall provide sanitary facilities for all persons working on the project. These facilities shall be kept clean and shall not be unsightly or produce odors.
3.4 PROTECTION OF WORK AND PROPERTY
A. All traffic detector loops, fences, walls, culverts, monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition at no additional cost to City.
Contractor shall be responsible for the cost to repair, replace, relocate, and replacement of utilities whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged.
B. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:
i. Enclose the working area with a substantial barricade and arrange work to cause minimum amount of inconvenience and danger to the public. ii. Provide substantial barricades around any shrubs or trees indicated to be preserved.
iii. Deliver materials to the Project site over a route designated by the Engineer.
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iv. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
v. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
vi. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. vii. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.
viii. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. ix. At the completion of work each day, leave the Project site in a clean, safe condition.
x. Comply with any approved stage construction and traffic control plans.
Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City.
xi. Cover and or protect work and project site as may be required to prevent or mitigate schedule delay and to allow work to proceed during wet weather or wet conditions.
D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made, therefore.
E. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.
The City shall be entitled to inspect and copy any such documentation, video, or photographs.
3.5 SITE CONDITIONS SURVEYS
A. Work Included.
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Contractor shall conduct thorough pre -construction and post -construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.
B. Submittals.
i. Written documentation of site condition survey at pre -construction and post-construction.
ii. Photographs as described herein of pre-construction and post-construction conditions.
iii. Video recordings as described herein of pre -construction and post - construction conditions.
iv. Submittals shall be made within three days of the surveys. All post - construction data shall be submitted prior to the final project inspection.
C. Site Condition Written Documentation.
Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas.
D. Photographs & Video Recording.
i. General – Prior to starting Work, Contractor shall provide a video recording of the project site. Contract shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construct ion. Pre -construction video and photographs shall be taken prior to any construction or mobilization of equipment, but not more than one week prior to actual start of work. The pre-construction photographs may be staged at different times to match the pr ogression of the Work.
ii. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to sidewalk cracks, broken curbs, separated property walls, improvements within public rights-of-way, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way.
iii. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and
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other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed.
iv. One set of color prints and the preconstruction site video shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega-pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.
E. Video Recording.
i. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs.
Video recorders shall accurately and continuously record the time and date. ii. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted.
iii. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.
iv. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures.
v. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected. vi. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format.
F. Timing.
Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility, and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor s hall provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing.
G. Site Surveyor.
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The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used.
H. Field Quality Control.
Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled.
I. Soils Compaction Testing.
i. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete. ii. For pipeline construction, soil compaction testing will be done at 100 -foot intervals or as ordered by the project soils/geotechnical report at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; ever y two vertical feet of trench backfill or as otherwise ordered by the project soils/geotechnical report; at the top of the trench backfill, which should be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.
3.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS A. General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents. The Contractor shall submit Project Record Drawings, Technical Manual, Spare Parts, and other required items within 5 days following completion of project construction, and prior to Contractors request for Project Acceptance.
B. Technical Manuals.
i. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City’s operation and maintenance staff.
ii. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." The Contractor shall furnish to City four (4) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.
C. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment.
The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate
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the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.
D. Record Drawings
i. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings.
Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed.
These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up to date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.
ii. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. iii. Record drawings shall be accessible to City’s Representative at all times during the construction period. The record drawings shall be kept up to date and will be checked by the City prior to each progress payment.
Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.
iv. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.
E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work.
3.7 MATERIALS
A. Materials to be Furnished by the Contractor
i. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or
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more of the following locations, as determined by City’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made. ii. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured.
iii. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents.
Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project. iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, including any travel required by Contractor’s force s, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work.
3.8 LOCAL CONDITIONS AND REQUIREMENTS
A. Access to Work and Haul Routes
i. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. Contractors anticipated Haul Routes shall be in compliance with the City's approved Truck Routes available from the Engineer.
ii. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site.
iii. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City’s Representative. iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be
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included in Contractor’s bid and distributed in the Schedule of Pay Items.
No additional compensation shall be made to the Contractor for this Work.
B. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.
C. Construction Water.
i. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.
ii. Construction recycled water will be made available to the contractor from one of three fill locations within the city limits. If there is a need for construction recycled water during construction, the contractor shall apply for a city construction recycled water meter at the city hall finance counter prior to the beginning of work. A security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. if the rental fee and the water c osts exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.
iii. Construction potable water will only be made available to the contractor if it can be demonstrated that recycled water cannot be used for the construction activities. potable water will be made available from existing city fire hydrant(s) nearest the prop osed construction site as approved by the engineer, or by such other means as may be expressly approved in writing by the engineer. If there is a need for water during construction, the contractor shall apply for a city construction water meter at the cit y hall finance counter prior to the beginning of work. a security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. If the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.
iv. All required water, all work and materials required for obtaining, pumping, transporting and applying and otherwise disposing of said water shall be in an approved manner and shall be performed by, and at the expense of the contractor and no extra or separate compensation will be made thereof.
D. Operation of Existing Water Facilities
i. The Contractor shall not operate any of the existing water systems, including pumps, motors, valves, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operatin g, opening, stopping, or closure by the City.
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ii. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service.
iii. Contractor shall submit a request on City’s standard form for any shut-down of existing water facilities.
E. Construction at Existing Utilities
i. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.
ii. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and du ration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner.
The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work , and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or dam age to property resulting from the negligent, accidental, or intentional breaching of utilities. iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.
No additional compensation shall be made to the Contractor for this Work.
F. Traffic Control
i. General. Contractor shall abide by traffic control plans approved by the City.
ii. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.
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iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.
No additional compensation shall be made to the Contractor for this Work.
G. Cleaning Up
i. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment, including all USA markings. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water. ii. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.
3.9 ENVIRONMENTAL QUALITY PROTECTION
A. Environmental Conditions
i. Contractor must comply with all applicable environmental laws, Project conditions, and constraints.
ii. City has considered these Environmental Conditions when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Conditions.
B. Landscape and Vegetation Preservation
i. General. The Contractor shall exercise care to preserve the natural landscape and vegetation and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.
ii. Damage and Restoration. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. iii. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.
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iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.
No additional compensation shall be made to the Contractor for this Work.
C. Protected Species
i. General. If, in the performance of the Work, evidence of the possible occurrence of any State or Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days.
ii. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal.
If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.
iii. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.
iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
D. Preservation of Historical and Archeological Resources i. General. If, in the performance of the Work, Contractor should unearth cultural resources ( for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, gradi ng, watering or other means, the Contractor notify the
Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days.
ii. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.
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If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. iii. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.
iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
E. Dust and Pollution Control
i. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. Contractor shall remove construction caused debris from streets and sidewalks as directed by the Engineer.
ii. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.
iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.
F. Management of Storm, Surface and Other Waters
i. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project.
Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements o f California State Water Resources
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Control Board Order Number 2009 -0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act.
Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, has pre pared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. ii. The Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include but are not limited to the San Francisco Bay Regional Water Quality Control Board Order No. R2 -2015- 0049 (NPDES Permit No. CAS 612008), and State Water Resources Control Board Order No. 2010 -0014-DWQ, Order No. 2009 -0009-DWQ, and Order No. 2012 -0006-DWQ, and any amendment or renewal thereof (“Construction General Permit”). Contractor must perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.
END OF GENERAL REQUIREMENTS
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01 20 00 – MEASUREMENT AND PAYMENT
PART 1 – GENERAL
1.1 SUMMARY
A. This section describes requirements and procedures for determining amount of work done and for obtaining payment for work done.
1.2 REFERENCES
A. California Public Contract Code
1.3 SCOPE OF WORK
A. Work under Contract Documents, or under any bid item, allowance or alternate, or Change Order shall include all labor, materials, transport, handling, storage, supervision, administration, and all other incidental work necessary for the satisfactory completion of Work, whether or not expressly specified or shown.
1.4 DETERMINATION OF QUANTITIES
A. Quantity of work to be paid for under any item for which a unit price is fixed in Contract Documents shall be the number, as determined by City, of units of work satisfactorily completed in -place, and suitable for its intended purpose free of defects or po or workmanship in accordance with Contract Documents or as directed by City. Unless otherwise provided, determination of number of units of work so completed will be based, so far as practicable, on actual measurement or count within prescribed or ordered limits, and no payment will be made for work done outside of limits. Measurements and computations will be made by methods as City may consider appropriate for class of work measured. Contractor shall immediately inform City of any disputes regarding quant ity measurements and shall immediately supply City with any documentation supporting the disputed measurements.
B. Before ordering any materials or doing any work, the Contractor shall verify all measurements, dimensions, elevations and quantities. No extra charge or compensation over and above payment for the actual quantities of the various items of work at the respe ctive bid prices therefore will be allowed on account of difference between actual measurements, dimensions, elevations and quantities, and those indicated on the drawings, or in the specifications, and any difference therein shall be submitted to the City for consideration before proceeding with the work.
1.5 SCOPE OF PAYMENT
A. Payment to Contractor at the unit price or other price fixed in the contract for Work as described in Paragraph 1.3 above shall be full compensation for completing, in
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accordance with Contract Documents, all work required under the item or under Contract Documents, and for all expense incurred by Contractor for any purpose in connection with the performance and completion of said work, including all incidental work necessary for completion of the Work.
B. Unless Contract Documents expressly provide otherwise, the Contract Sum shall be deemed to include:
1. Any and all costs arising from any unforeseen difficulties, which may be encountered during, and all risks of any description connected with, prosecution of Work, bid item or unit price item, respectively, until acceptance by City;
2. All expenses incurred due to suspension, or discontinuance of Work, bid item or unit price item, respectively, as provided in Contract Documents;
3. Inflation and/or Escalation to allow for cost increases between time of Contract Award and completion of Work, bid item or unit price item, respectively.
C. Whenever it is specified herein that Contractor is to do work or furnish materials of any class for which no price is fixed in Contract Documents, it shall be understood that Contractor is to do such work or furnish such materials without extra charge or allowance or direct payment of any sort, and that cost of doing work or furnishing materials is to be included in price bid, unless it is expressly specified herein, in particular cases, that work or material is to be paid for as extra work.
D. No payment shall be made for materials or equipment not yet incorporated into the Work.
E. Where Contractor requests payment for materials and equipment not incorporated in the Work, Contractor must satisfy the following conditions:
1. The materials and/or equipment shall be delivered and suitably stored at the site or at another local location agreed to in writing, for example, a mutually acceptable warehouse;
2. Full title to the materials and/or equipment shall vest in City at the time of delivery to the site, warehouse or other storage location;
3. Contractor shall obtain a negotiable warehouse receipt, endorsed over to City for materials and/or equipment stored in an off -site warehouse. No payment shall be made until such endorsed receipts are delivered to City.
4. Stockpiled materials and/or equipment shall be available for City inspection, but City shall have no obligation to inspect them and its inspection or failure to inspect shall not relieve Contractor of any obligations under the Contract Documents. Materials and/or equipment shall be segregated and labeled or tagged to specifically identify these specific Contract Documents;
5. After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be
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removed and replaced with suitable materials and/or equipment at Contractor’s expense;
6. At its expense, Contractor shall insure the materials and/or equipment against theft, fire, vandalism, and malicious mischief, as well as any other coverage’s required under the Contract Documents;
7. Contractor’s application for payment shall be accompanied by a bill of sale, invoice or other documentation warranting that City has received the materials and equipment free and clear of all 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 must be satisfactory to City. This documentation shall include, but not be limited to, conditional releases of mechanics’ liens and stop notices from all those providing materials and equipment as to which the application for payment relates, as well as unconditional releases of the same from the same as to the previous application for payment for which they have not already been provided.
1.6 BASIS OF PAYMENT
A. Lump Sum: When estimated quantity for specific portion of Work is not indicated and unit is designated as Lump Sum, payment will be based on the approved Schedule of Values of the work under the lump sum, or in the event a Schedule of Values is not require d, on the percentage of the lump sum scope satisfactorily completed.
B. City does not expressly, or by implication, agree, warrant, or represent in any manner, that actual amount of Work will correspond with amount shown or estimated and reserves right to increase or decrease amount of any class or portion of Work, to leave out entire Bid Item or Items, or to add work not included in Bid, when in its judgment such change is in best interest of City. No change in Work shall be considered waiver of any other condition of Contract Documents.
No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as otherwise expressly provided for in Contract Documents, because of any differences between amount of work actually done and estimated amount as set forth herein, or for elimination of extra Bid Items.
1.7 SCHEDULE OF VALUES AND PROGRESS PAYMENTS
A. If requested by Contractor, progress payments will be made monthly, but not more often than monthly.
B. Schedule of Values:
1. Form to be used: AIA G703 or as approved by the City
2. Within twenty-one (21) calendar days from issuance of Notice of Award and prior to the Contractor’s application for the first progress payment, Contractor shall submit a Schedule of Values, which is a detailed breakdown of its bid for Work items and/or activities, including coordination
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responsibilities and project record document responsibilities. Where more than one subcontractor comprises the work of a work item or activity, the Schedule of Values shall show a separate line item for each subcontract.
Contractor shall furnish such brea kdown by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, whose cumulative sum equals the total Contract Sum. The format and detail of the breakdown shall be as directed by City to facilitate and clarify futur e progress payments to Contractor for Work under Contract Documents.
Work with lump sum values shall not exceed $10,000 per work item. Work values totaling more than $10,000 per item shall be broken down on a unit basis (e.g., linear foot, square yard, c ubic yard, etc.). No line item to exceed one-half of 1% (0.5%) of contract value.
3. Contractor’s overhead, profit, financing, as well as “general conditions costs,” (e.g., site cleanup and maintenance, temporary roads and access, off site access roads, temporary power and lighting, security and the like), shall be prorated through all act ivities so that the sum of all the Schedule of Values line items equaling Contractor’s total Contract Sum. Insurances and Bonds shall be a separate schedule of value line item.
4. Include in each line item, the amount of Allowances specified in this section. Separately identity each Allowance and Alternate item, provide breakdown where any one item is in excess of one -half of 1% (0.5%) of contract value.
5. City will review the breakdown in conjunction with the approved progress schedule activities to ensure that the dollar amounts of the Schedule of Values are, in fact, fair market cost allocations for the Work items listed.
Upon favorable review by City, City will accept this Schedule of Values for use. City shall be the sole judges of fair market cost allocations.
6. Any attempt to unbalance the distribution of overhead, profit, and other fixed costs, or to manipulate the cost breakdown in any way, or to increase the cost of early activities, i.e. “front loading,” will be rejected by City, resulting in a complete reall ocation of monies until such distortion is corrected. Repeated attempts of manipulation may result in suspension or termination of the Work or refusal to process progress payments, until such time as the Schedule of Values is acceptable to City.
C. Payment Requests
1. Form to be used: AIA G702 and G703.
2. For each item, provide a column for listing each of the following:
a. Item Number.
b. Description of work.
c. Scheduled Values.
d. Previous Applications.
e. Work in Place and Stored Materials under this Application. f. Authorized Change Orders.
g. Total Completed and Stored to Date of Application.
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h. Percentage of Completion.
i. Balance to Finish.
j. Retainage.
3. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress esti mate of the value thereof before the tenth (10th) Day of the following month.
4. On or before the twenty-fifth (25th) day of each month and upon receipt of City’s approval of the updated schedule as required by Section 01 32 00, Contractor shall meet with the City Representative to measure and verify quantities of work completed which Contractor requests payment for. The Contractor shall submit to City two (2) copies of a request for payment for the cost of the Work put in-place at that time, along with one (1) copy of the City approved updated CPM schedule. Such requests for progress payments shall be based upon Schedule of Values prices of all labor and materials incorporated in the Work up until midnight of the last day of that one-month period, less the aggregate of previous payments. If Contractor is late submitting its payment r equest, that payment request may be processed at any time during the succeeding one -month period, resulting in processing of Contractor’s payment request being delayed for more than a day for day basis.
5. Payment requests may include, but are not necessarily limited to the following:
a. Material, equipment and labor incorporated into the Work, less any previous payments for the same.
6. With each request for payment, Contractor shall fulfill all scheduling requirements of Document 00 72 00, “General Conditions,” and Section 01 32 00 “Progress Schedules and Reports,” including updates and revisions.
In addition, a responsible officer of Contractor shall execute and submit the following certification shown below:
“ I, ________________(print name), being the ___________________ of _______________________________ (Contractor), the undersigned Contractor, certifies that the Work covered by this request for payment (invoice) has been completed in accordance with the Contract Documents, and that the current progress payment (invoice) shown herein is accurate and now due. Contractor further certifies that all amounts have been paid by the Contractor for Work for which previous invoices for progress payments issued to and paid by the City.
The Contractor declares under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached request for payment (invoice) and know its contents, and said request for payment is made in good faith; that it is supported by truthful and accurate data; that the amount requested accurately reflects the allowable
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expenses incurred to perform the Work.
___________________________________________”
signature & date
7. No progress payment will be processed prior to City receiving the above certification and all requested and acceptable schedule update information.
8. With each request for payment, Contractor shall submit following as pre - requisite to its review as referenced in Document 00 72 00, “General Conditions.”:
a. Construction progress schedule, updated to current.
b. Current construction photographs, updated to current. c. Partial release of liens from major subcontractors and vendors. d. Progress project record documents, updated to current. e. Affidavits and bonds attesting to off-site stored products, if any. f. Certified payroll records.
g. Statement under False Claim Act.
9. Contractor shall submit fulfill all record document requirements of Section 01 78 39, “Project Record Drawings,” including updates and revisions. An additional 10% of progress payment requests may be withheld in the event that the City determines that the job -site record drawings have not been kept up-to-date. Contractor also to submit the following pre-requisites for review of the Payment Application Request.
10. Each payment request shall list each Approved Change Order (See Section 01 26 00) executed prior to date of submission, including a description of the work activities.
11. Monthly progress payments shall be made based on total value of activities completed or partially completed, as determined by City with participation of Contractor, and based upon approved activity costs. Accumulated retainage will be shown as a separate item in payment summary. If Contractor fails or refuses to participate in construction progress evaluation with City, Contractor shall not receive current payment until Contractor has participated fully in providing construction progress information and schedule update information to City.
12. If required by City, Contractor shall submit substantiating data as they relate to payment requests.
D. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:
1. Notice to Proceed
2. List of subcontractors.
3. Schedule of values.
4. Contractor's construction schedule.
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E. Progress Payments:
1. If it is determined that the payment request is not a proper payment request suitable for payment, City shall return it to the Contractor as soon as practicable, but no later than seven (7) days after receipt, together with a document setting forth in writ ing the reasons why the payment request is not proper. If City determines that portions of the payment request is not proper or not due under the Contract Documents, then City may approve the other portions of the payment request, and in the case of disputed items or defective work not remedied, may withhold up to 150% of the disputed amount from the progress payment.
2. The City will mail the progress payment to the Contractor within thirty (30) days from the date of receipt of the invoice in acceptable form, including copies of certified payroll, schedule updates, and progress payment certification. The City will pay to Contractor in manner provided by law, an amount equal to ninety-five percent (95%) (i.e., five percent (5%) retention) of City’s estimate, or a lesser amount if so provided in Contract Documents, provided that payments may at any time be withheld if, in judgment of City, Work is not proceeding in accordance with Contract, or Contractor is not complying with requirements of Contract, or to comply with stop notices or to offset liquidated damages accruing or expected.
3. Before any progress payment or final payment is made, Contractor may be required to submit satisfactory evidence that Contractor is not delinquent in payments to employees, subcontractors, suppliers, or creditors for labor and materials incorporated into W ork. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.
4. City reserves and shall have the right to withhold payment for any equipment and/or specifically fabricated materials that, in the sole judgment of City, is not adequately and properly protected against weather and/or damage, prior to or following incorporation into the Work.
5. Granting of progress payment or payments by City, or receipt thereof by Contractor, shall not be understood as constituting in any sense acceptance of Work or of any portion thereof, and shall in no way lessen liability of Contractor to replace unsatisfact ory work or material, though unsatisfactory character of work or material may have been apparent or detected at time payment was made.
6. When City shall charge sum of money against Contractor under any provision of Contract Documents, amount of charge shall be deducted and retained by City from amount of next succeeding progress payment or from any other payment due or that may become due Contractor under Contract.
If, on completion or termination of Contract, such payment due Contractor are found insufficient to cover City’s charges against it, City shall have right to recover balance from Contractor or Sureties.
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PART 2 – PRODUCTS
2.1 BREAKDOWN
The contract Lump Sum price paid for all bid items listed below shall be considered full compensation for furnishing all labor, materials, equipment, tools, and incidentals for all work involved including the removal, disposal, furnishing, and installation of any bid item listed below as specified in the Contract Documents and as directed by the City Engineer, and no separate payment shall be made.
BASE BID ITEMS
1. Mobilization/Demobilization: The contract lump sum price s paid for “Mobilization/Demobilization”, “Add Alternative #1 – Mobilization/ Demobilization”, “Add Alternative #2 - Mobilization/Demobilization,” and “Add Alternative #3 - Mobilization/Demobilization” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to, mobilization, demobilization, preparatory work and operations necessary for the movement of personnel, equipment, and supplies to and from the project sites as shown on the Contract Drawings and specified herein. No separate payment shall be made. The total lump sum shall not exceed 5% of the Total Base Bid.
2. Traffic Control: The contract lump sum price paid for “Traffic Control ,” “Add Alternative #1 – Traffic Control”, “Add Alternative #2 – Traffic Control,” and “Add Alternative #3 – Traffic Control”, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for all work involved including, but not limited to, preparation and implementation of traffic control plan, signage, flaggers, delineators, notice board s, barricades, adherence to Caltrans work hour constraints (see Appendix B), and notification flyers, as shown on the Contract Documents and specified herein. No separate payment shall be made.
3. Demolition: The contract lump sum price paid for “Demolition” , “Add Alternative #2 – Demolition”, and “Add Alternative #3 – Demolition,” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to, clear and grubbing, removal and off hauling of existing landscaping and hardscape features and other appurtenant to complete the improvements, as shown on the Contract Drawings and specified herein. No separate payment shall be made.
4. Earthwork: The contract lump sum price paid for “Earthwork” , “Add Alternative #2 – Earthwork”, “Add Alternative #3 – Earthwork” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to, excavation,
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backfilling, base compaction, and hauling of soil from site, as shown on the Contract Drawings and specified herein. No separate payment shall be made.
5. Erosion Control: The contract lump sum price paid for “Erosion Control”, “Add Alternative #2 – Erosion Control” , and “Add Alternative #3 – Erosion Control” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to, installation of gravel bag dike, inlet protection, tree protection, and site cleaning, as shown on the Contract Drawings and specified herein.
No separate payment shall be made.
6. Cobble Stone Concrete Paving: The contract unit price paid per each unit for “Cobble Stone Concrete Paving”, “Add Alternative #2 – Cobble Stone Concrete Paving,” and “Add Alternative #3 – Cobble Stone Concrete Paving” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for all work involved including, but not limited to, installation and cleaning of cobble stones, concrete paving, mortar setting, and any work related to complete this bid item, as shown on the Contract Drawings and specified herein. No separate payment shall be made.
7. Red Lava Gravel: The contract unit price paid per each unit for “Installation of Red Lava Gravel Paving” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for all work involved including, but not limited to, base compaction, furnish and installation of gravel, installation of weed barrier, and any work related to complete this bid item, as shown on the Contract Drawings and specified herein. No separate payment shall be made.
8. Remove and Replace Median Concrete: The contract unit price paid per square foot for “Remove and Replace Median Concrete” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for all work involved including, but not limited to, sawcutting, excavating, subgrade preparation, backfilling, hauling and disposal, compaction of aggregate base and subgrade, aggregate base, concrete, doweling, protecting median curb, staining concrete to match existing concrete, and any work related to complete this bid item, as shown on the Contract Drawings and specified herein. No separate payment shall be made.
9. Remove Existing Irrigation BFP: The unit price paid per each for “Remove Existing Irrigation BFP”, “Add Alternative #2 - Remove Existing Irrigation BFP,” and “Add Alternative #3 - Remove Existing Irrigation BFP” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to, identify existing utilities, remove and off haul existing irrigation backflow
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preventer, cap the waterline and protect existing meter box as shown on the Contract Drawings and specified herein. No separate payment shall be made.
10. Remove and Replace Signs on New Post: The unit price paid per each “Remove and Replace Signs on New Post”, “Add Alternative #2 – Remove and Replace Signs on New Post”, and “Add Alternative #3 – Remove and Replace Signs on New Post” shall include full compensation for furnishing all labor, materials, tool, equipment and incidentals for all work involved including, but not limited to, removing existing signs and post, installing new post and post base/foundation to match existing post type, and reinstalling existing signs on new post or posts as shown on the Contract Drawings and specified herein. Multiple signs on one post shall count as one unit of measurement. No separate payment shall be made.
11. Repaint Existing Stained Concrete: The unit price paid per square foot for “Add Alternative #1 - Repaint Existing Stained Concrete” and “Add Alternative #2 - Repaint Existing Stained Concrete” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for all work involved including, but not limited to, clearing and grubbing, removing vegetation/weed, power washing concrete, staining concrete, and any work related to complete this bid item, as shown on the Contract Drawings and specified herein. No Separate payment shall be made.
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TECHNICAL SPECIFICATION
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01 50 00 – TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.1 SUMMARY
A. The Contractor shall provide all temporary facilities and utilities required for execution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation.
B. Temporary facilities utilized on the project shall be in complete accordance with requirements set forth in the Caltrans Standard Specifications.
C. The Contractor shall keep the work site clean and free from rubbish and debris.
Materials and equipment shall be removed from the site when they are no longer necessary on a daily basis as directed by the City’s Representative. All cables, slings and other materials used to set the pipe and equipment shall be removed from the project site. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, unused materials, a nd rubbish to present a clean and neat appearance.
1.2 TEMPORARY FACILITIES
A. Electrical Service
i. The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary electrical service at a mutually agreeable location. ii. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations.
iii. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities.
B. Water
i. The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction.
ii. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water.
iii. The Contractor shall pay for all water used for the Contractor's operations prior to final acceptance.
C. Sanitary Conveniences
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i. The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work.
ii. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. iii. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters.
iv. At the completion of the Work, all such sanitary conveniences shall be removed, and the site left in a sanitary condition.
D. Telephone/Internet
i. The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary telephone or internet services for its use during construction.
ii. Contractor shall pay for all required services required for its own use as necessary.
1.3 CONSTRUCTION FACILITIES
A. Construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided.
B. Staging and Falsework
i. Temporary supports shall be designed by a professional registered engineer with an adequate safety factor to assure adequate load bearing capability. If requested by the City's Representative, the Contractor shall submit design calculations for staging and shoring prior to application of loads.
ii. Excavation support shall be in accordance with applicable codes and regulations.
C. Temporary Enclosures
i. When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees or the public are in progress, the area of activity shall be enclosed adequately to contain the dust, over-spray, or other hazard.
ii. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures.
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D. Warning Devices and Barricades
i. The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers.
ii. Such devices shall, as a minimum, conform to the requirements of Cal/OSHA.
E. Culvert Bypassing and Protection
i. The Contractor shall provide bypass and pumping facilities for any flowing culverts that encroach upon project trenching activities. (a) Bypassing facilities will only be required in high risk situations to prevent flooding the trench. Culvert bypassing risk shall be at the sole discretion of the Contractor.
ii. Culvert bypassing systems shall be submitted to the Engineer for review prior to construction activities. Culvert bypassing plans shall provide, but not be limited to, the following information:
(a) Means of protecting culverts during trench construction activities. (b) Construction means and methods describing culvert plugging, bypassing, and relocation of flowing water.
(c) List all equipment necessary to perform bypassing and culvert protection undertakings.
(d) Detail the bypass system’s receiving stream crossing or drainage channel and the existing condition of the structure.
iii. Culvert crossings damaged during construction activities identified by the project Inspector shall be restored in kind by the Contractor at no additional cost to the City unless otherwise negotiated.
1.4 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS A. The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property.
B. The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result o f its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
C. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations,
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they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible. Lawns shall be re -seeded and covered with suitable mulch.
D. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right -of-way which are designated for removal or would be destroyed because of the Work.
1.5 ACCESS ROADS
A. Access roads shall be maintained to all storage areas and other areas to which frequent access is required. Similar roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed, such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities.
1.6 AIR POLLUTION AND DUST CONTROL
A. The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or a ny of its subcontractors are using, excavation or fill areas, demolition operations, or other activities.
i. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. ii. Haul routes shall be kept visibly wet during excavation and hauling operations.
iii. Exposed stockpiles of soil and other backfill material shall be enclosed, have silt fencing, be covered, be watered regularly or have soil binders added to minimize erosion.
iv. Dust-producing activities shall be suspended when high winds create construction-induced visible dust plumes moving beyond the project site, in spite of dust control measures.
B. Unless the construction dictates otherwise, and unless otherwise approved by the City's Representative, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. i. If visible soil material is carried onto adjacent public streets, such streets shall be swept with water sweepers.
1.7 NOISE ABATEMENT
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A. Operations at the Worksite shall be performed so as to minimize unnecessary noise.
B. Special measures shall be taken to suppress noise during night hours.
C. Noise levels due to construction activity shall not exceed the levels specified by local ordinance.
D. Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.
1.8 WORKING HOURS
A. Construction shall be allowed only between the hours of 7:00 a.m. and 7:00 p.m. on weekdays Monday through Friday unless otherwise approved in writing by the City’s Representative. Work areas may be further limited in the Caltrans right-of- way based on the requirements of the Caltrans encroachment permit.
B. The Contractor shall be responsible for any inspection and additional administration costs incurred by the City, or its agents and representatives, for work by the Contractor outside the hours defined in General Conditions 00 72 13.
Such costs shall be withheld from the succeeding monthly progress payment. Any work specifically required to be performed outside the normal working hours is excluded from the provisions of this paragraph.
C. The Contractor shall notify the City's Representative at least 72 hours prior to any work outside the normal working hours defined above, on weekends or holidays.
1.9 DRAINAGE CONTROL
i. In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible.
ii. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow.
iii. Drainage means shall be provided to protect the Work and adjacent facilities from damage due to water from the site or due to altered drainage patterns from construction operations.
iv. Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses.
1.10 STORMWATER POLLUTION PREVENTION
A. Erosion & Dust Control
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i. To reduce potential water -borne erosion impacts, the Contractor shall incorporate the following best management practices into the project:
(a) Erosion control measures to reduce post-construction erosion, such as re-vegetation with local native plant species and installation of appropriate slope protection.
(b) Provide and maintain all necessary erosion and sediment control measures throughout the construction period as required to minimize stormwater pollution control from the Contractor’s work area. Erosion and sediment control measures may include, but are not limited to, straw bale dikes, sand bag dikes, silt fences, drainage swales, pipe drains, sediment traps, protective sheets, jute matting, hydro-seeding, and appropriate surface contouring. The Contractor shall notify the City’s Representative if erosion and sediment control measures do not operate properly and shall take all necessary protective action.
(c) The Contractor shall secure erosion control devices at the end of each work shift during the period from November 1 to April 30, or when rain is forecast prior to the next workday.
(d) Grading activities shall be prohibited during the period when rain is falling, and runoff is observed at the site. The Contractor shall immediately secure the site for erosion control and storm water runoff.
(e) Prepare drainage ways that handle concentrated or increased runoff from disturbed areas by using riprap or other lining materials to control erosion.
(f) Reduce erosion by limiting the area and time of exposure, and by the provision of diversion channels.
(g) Use temporary plant cover, mulching, and/or structures to control runoff and protect areas subject to erosion during construction. (h) Minimize soil exposure during the rainy season by proper timing of grading and construction and be prepared to shut down all earthwork if heavy precipitation occurs.
(i) Have erosion control equipment and materials on site if needed in an emergency to quickly construct temporary collectors, diversion channels, intercept drains, berms, dikes or filters.
ii. Grading and permits and the appropriate environmental clearances shall be obtained by the Contractor prior to any export of materials off site.
1.11 CONSTRUCTION CLEANING
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A. The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations.
1.12 DISPOSAL OF MATERIAL
A. The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved.
i. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property.
ii. When material is disposed of as above provided, the Contractor shall conform to all required codes pertaining to grading, hauling, and filling of earth.
1.13 PARKING AND STORAGE AREAS
A. All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public.
B. Locations of stockpiles, parking areas, and equipment storage must be approved by the City's Representative.
1.14 CULTURAL RESOURCES PROTECTION
A. If historical, archeological or paleontological artifacts are discovered, all work must stop in the immediate vicinity. The Contractor shall protect the discovered items, notify the City’s Representative, and comply with applicable law.
B. If human remains are discovered, all work must stop in the immediate vicinity of the find, and the County Coroner must be notified, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California’s Health and Safety Code.
C. If the remains are determined to be Native American, the coroner will notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed.
1.15 PROJECT SIGN
A. The Contractor shall provide, install and maintain for the duration of the project a project sign as designated below. The sign shall be installed where directed by the City’s Representative.
i. 36” x 60” exterior grade plywood, minimum 3/4" thick
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ii. Two coats exterior quality paint for background, one co at exterior quality paint for lettering.
iii. Erect supports and framing on secure foundation, rigidly braced and framed to resist loadings. Install sign surface plumb and level; anchor securely.
iv. Colors of sign shall be as designated by the City’s Representative. v. Remove sign at the end of the project.
B. Contents of Project Sign
i. Firm responsible for project construction with a 24-hour telephone number.
Letter size: 2 inches high.
ii. Purpose of project: (nature of work) Letter size: 4 inches iii. Limits of work
iv. Start Date and Completion Date. Letter Size: 2 inches v. City of Milpitas Logo in the upper left corner (12-inch round) as provided by the City
** END OF SECTION **
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01 55 26 – TRAFFIC CONTROL
PART 1 -- GENERAL
1.1 SCOPE
A. The Contractor shall furnish all labor, materials, equipment, tools, and services necessary to provide access to the motori sts and pedestrians; and adequately safeguard the workers and public from construction hazards with a minimum of inconvenience.
B. Work includes but is not limited to the following:
i. Preparation and/or update of Traffic Control Plans and obtaining approval of Traffic Control Plans from Caltrans and the City if the contractor elects to make any deviation from the approved Traffic Control Plans . It is the Contractor’s sole responsibility to submit and seek approval from authority agency.
ii. Erections and removal of temporary construction signs. iii. Installation and removal of temporary traffic control devices, including barriers, barricades, changeable message boards.
iv. Coordinating work with all agencies having jurisdiction.
1.2 REFERENCE STANDARDS
A. The Contractor shall comply with guidelines excluding payment sections of the latest editions of the following reference standards:
i. California Manual on Uniform Traffic Control Devices. ii. Caltrans Standard Specifications
iii. Caltrans Standard Plans
iv. CAL/OSHA, State of California Construction Safety Orders. (a) Section 1599, Traffic Control for Public Streets and Highways. (b) Section 1599, Flaggers
v. OSHA, Code of Federal Regulations.
(a) Title 19, Part 1926, Construction Safety Health Regulations (b) Title 29, Part 1910, Occupational Safety and Health Standards
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B. In case of conflict between the above reference standards and the specifications contained herein, these specifications shall take precedence and be used in lieu of such conflicting portions.
1.3 SUBMITTALS
A. The Contractor shall provide submittals in accordance with Section 01 33 00, SUBMITTAL PROCEDURES.
B. The Contractor shall at minimum submit the following:
i. Traffic Control Plans shall conform to Standard Specification Section 12 -
4.02, TRAFFIC CONTROL SYSTEMS, and Section 5-1.20B, PERMITS, AND LICENSES, AND CERTIFICATIONS , and be submitted for review and approval at least twenty-one (21) calendar days prior to work. ii. Traffic Control Plans shall contain, but not be limited to, location, placement, duration, monitoring schedule and movement of all traffic control devices and bypass piping including, but not limited to, signs, signals, pedestrian and vehicle ramps, barricades, k-rails, and lighting.
C. The Contractor shall submit traffic control plans for each phase of work within a City right -of-way or easements along with an Encroachment Permit. The Contractor will allow for a 15-day review period.
1.4 QUALITY ASSURANCE
A. Traffic Control Plans shall be prepared by a California licensed Civil or Traffic Engineer. The Traffic Engineer who prepared the Traffic Control Plans shall be available at any time during the life of the contract to modify the Traffic Control Plans if and as required by the agency having jurisdiction.
B. No changes or deviations from the approved Traffic Control Plans shall be made, except temporary changes in emergency situations, with prior approval of the Traffic Engineer, the Engineer, and all agencies having jurisdiction.
C. Immediately notify the Traffic Engineer, the Engineer, and the agencies having jurisdiction of occurrences that necessitate modification of the approved Traffic Control Plans.
1.5 TRAFFIC CONTROL
A. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, alleyway, or parking area during the performance of the work hereunder, and the Contractor shall conduct its operations so as not to interfere unnecessarily with the authorized work of utility companies or other agencies in such streets, alleyways, or parking areas.
B. No streets or lane closures of any duration (temporary or permanent) shall occur without first obtaining permission of the Engineer and agency (or agencies) having jurisdiction.
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C. Where excavation is being performed in primary streets or highways, one lane in each direction shall be kept open to traffic at all times unless otherwise provided or shown. Toe boards shall be provided to retain excavated material if required by the Engineer or the agency having jurisdiction over the street or highway. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times. Temporary provisions shall be made by the Contractor to assure the use of sidewalks and the proper functioning of all gutters, storm sewer inlets and other drainage facilities.
D. For the protection of traffic in public or private streets and ways, the Contractor shall provide, place and maintain all necessary barricades, traffic cones, warning signs, lights and other safety devices in accordance with requirements of the agency havi ng jurisdiction or the California Manual of Uniform Traffic Control Devices whichever is stricter.
E. Contractor shall take all necessary precautions for the protection of the work and the safety of the public. All barricades and obstructions shall be illuminated at night, and all lights shall be turned on from sunset until sunrise. The Contractor shall station such guards or flaggers and shall conform to such special safety regulations relating to traffic control as may be required by the public authorities within their respective jurisdiction.
F. No work will be allowed in public right -of-way until the Contractor obtains written approval of the proposed Traffic Control Plans from agencies having jurisdiction.
1.6 STREET CLOSURE REQUIRED NOTIFICATION
A. When street closure is required or permitted for the construction of facilities on or under the street, the Contractor shall notify in writing, the occupants of all homes and businesses with access to that street of the proposed closure at least ten (10) Working Days prior to road closures or disruption of ingress and egress.
B. The notice provided to the residences or businesses shall include, at a minimum, schedule of closures and/or parking restrictions with estimated closure and/or parking restriction times, closure and/or parking restriction location, alternate route or detour, and name and twenty-four (24) hour phone number of a contact person employed by the Contractor.
C. The Contractor shall be prepared to make access available at any time during the day to emergency type vehicles or pre -arrange alternative locations for non - emergency vehicles and operations. At a minimum the following agencies must be notified.
i. Fire Department
ii. Police Department
iii. Sheriff Department
iv. Emergency ambulance companies
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v. Waste Management and Recycling
D. Unless otherwise specifically approved by the Engineer all street closures and/or parking restrictions shall be adequately restored to allow all marked lanes of traffic to be open on all major streets in each direction during the peak traffic hours of 7:00 a.m. to 8:00 a.m. and 3:30 p.m. to 6:00 p.m.
E. During the first Friday after Thanksgiving and the last twenty -four (24) Calendar Days of December, the Contractor shall not close any traffic lanes on a major street except for an emergency and when the Contractor submits a written request two (2) Working Days in advance, and the Contractor receives written permission from the Engineer.
F. If, for an emergency, the Contractor is required to close a lane on a major street during peak traffic hours or during the last twenty -four (24) Calendar Days of December, the Contractor shall immediately notify the City Construction Inspection office.
PART 2 PRODUCTS
2.1 TRAFFIC CONTROL DEVICES
A. All traffic control devices shall conform to the provisions in the California Manual of Traffic Control Devices and the agency having jurisdiction.
B. Included, but not limited to, are flag units, construction signs, channelizing devices, barricades, delineators, and lighting devices.
C. A high-level warning device is required for use on major streets at the direction of the Engineer, when a lane is closed, or work encroaches in a lane of traffic or when barricades are placed in a moving lane of traffic. A single barricade shall not be placed alone in the traveled way.
D. Use of flashing arrow signs is required on major (four or more lanes) streets for lane closures during hours of darkness and for all lane closures lasting more than two (2) hours.
E. All signs which are to convey their messages during darkness shall be reflectorized or illuminated.
F. No signs or supports shall bear any commercial advertising.
PART 3 EXECUTION
3.1 ACCESS TO ADJACENT PROPERTIES
A. Provide and maintain access to adjacent properties at all times. The Contractor shall notify homeowners/occupants along the proposed construction route.
3.2 STREET OR PERMANENT LANE CLOSURE
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A. If closure of any street is required during construction, a formal application for a street closure shall be made to the authority having jurisdiction at least thirty (30) calendar days prior to the required street or permanent lane closure for approval and to determine necessary sign and detour requirements.
3.3 TRAFFIC COORDINATION WITH OTHER CONTRACTORS
A. The Contractor shall coordinate the traffic routing work with that of other forces working in the same or adjacent areas.
3.4 CONSTRUCTION PARKING CONTROL
A. Curb parking shall be removed in accordance with the Traffic Control Plan.
Removal of curb parking shall be minimized.
B. The Contractor shall make arrangements directly with local authorities to keep the working area clear of parked vehicles.
C. The Contractor may prohibit stopping in parking lanes where and when necessary, in order to gain access to the work to provide the required traffic lanes in city streets and parking areas.
D. The Contractor shall coordinate with the agency having jurisdiction and the City for the location of “No Stopping” and “No Parking” signs.
E. At least one (1) week in advance of construction, the Contractor shall furnish and place, where approved by the City and the Engineer, portable “TOW AWAY – NO STOPPING” signs. The dates and times of parking removal shall be posted on the signs.
F. The Contractor shall notify the policing agency having jurisdiction of all parking violators who require tow away from construction areas.
G. Construction equipment not actively engaged in the work and employee vehicles shall not be parked in the vicinity of the work in such a manner as to further restrict or obstruct traffic flow. Vehicles and equipment in continuous or frequent use may be operated or parked in the same traffic lane as the work obstruction.
3.5 CONSTRUCTION SIGNAGE
A. All construction area signs shall conform to Section 10.06(F), Construction Signs, of the City General Provisions.
B. Sign spacing shall conform to the California Manual of Traffic Control Devices.
C. Signs normally shall be installed 14 calendar days before work is to commence and must be removed immediately after work is complete. If at any time a sign is not required, it shall be covered or removed.
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D. The Contractor shall be responsible for the placement of advisory signs to inform the public of any street closure, detour, or construction affecting traffic at least 7 days before the closure or other significant disruption of normal traffic flow.
E. Existing roadside signs conflicting with the construction area signs shall be either removed and reset upon completion of work or securely covered.
3.6 ILLUMINATION
A. Provide sufficient visibility on a 24 -hour basis to approaching traffic whenever a street is closed partially or completely. Ensure that sufficient illumination is provided by means of portable flashing beacons, floodlights, or other similar devices. Mount all lighting fixtures in a manner which precludes glare to approaching traffic.
B. Arrow boards or other traffic control devices and lighting which will operate outside of the normal working hours shall be battery -operated. The use of gas -fired generators during nonworking hours will not be allowed.
3.7 FLAGGING
A. Flaggers shall be required:
i. When workers or equipment intermittently block a traffic lane ii. When trucks or equipment enter or leave the work site from an adjacent traffic lane.
iii. Where Plans or permits allow the use of one lane for two directions of traffic.
iv. Wherever the safety of the public and/or workers determine there is a need.
B. Flagging shall be carried out in accordance with California Manual of Uniform Traffic Control Devices. All flagging costs shall be considered as included in pay items for traffic control.
3.8 PEDESTRIAN SAFETY
A. The Contractor shall maintain safe and adequate pedestrian zones and public transportation stops as well as provide pedestrian crossings at intervals not to exceed 300 feet within the work zone.
B. When the construction area crosses a crosswalk, the crosswalk shall be barricaded and signed accordingly.
3.9 TRAFFIC HANDLING AT SPECIFIC LOCATIONS
A. The Contractor shall maintain the full visibility and function of all school safety signing and striping within the work area. Additional temporary safety striping and signage shall be installed if deemed necessary by the agency having jurisdiction.
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3.10 VEHICULAR AND PEDESTRIAN RAMPS
A. The Contractor shall provide and maintain ramps as shown on Plans or required by the Resident Engineer. Pedestrian ramps shall meet Americans with Disabilities Act requirements.
3.11 BARRICADING OPEN TRENCHES
A. Any excavation permitted by the City to be left open shall be barricaded with Type II or Type III barricades with flashers. Signs stating “OPEN TRENCH” shall be posted when requested by the City. All open excavated areas shall be barricaded with at least two (2) Type III barricades at the end of the excavation that faces oncoming traffic.
B. Any excavation within four (4) feet of the traveled way, not protected by K-rail or a similar traffic control barrier approved by the City, shall be backfilled at the end of the work shift or plated.
** END OF SECTION **
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01 57 13 – STORM WATER POLLUTION PREVENTION
PART 1 – GENER
1.1 SCOPE
A. Furnish all materials, labor, tools, and equipment to perform all storm water pollution prevention measures and erosion control devices as shown on the plans and as specified herein including, but not necessarily limited to, the following:
1. Material and waste management
2. Spill prevention and control
3. Vehicle and equipment cleaning, maintenance, and fueling
4. Contractor training and awareness
5. Construction activity specific requirements
6. Storm drains inlet protection
7. Fiber rolls
B. Related work specified elsewhere:
1. Demolition – Section 02 41 13
2. Clearing and Grubbing – Section 31 11 00
3. Earthwork and Grading – Section 31 22 00
1.2 WORK INCLUDED
A. The goal of these requirements is to prevent the pollution of storm water run-off on construction projects by keeping pollution out of storm drains, reducing the exposure and discharge of materials and wastes to storm water, and by reducing erosion and sedimentation. Storm drains discharge run-off directly into creeks and other natural water bodies. Discharge of run -off without treatment is NOT permitted.
B. Adhere to the requirements of this Section.
1.3 GENERAL REQUIREMENTS
A. The following requirements shall be met on all projects.
1. Non-hazardous Material/Waste Management
a. Designated Areas: Identify designated areas of the project site that are suitable for material delivery, storage, and waste collection, and submit the proposed areas to the City’s Representative for approval. To the maximum practicable extent, these areas shall be near construction entrances and away from catch basins, gutters, drainage courses and creeks.
2. Granular Material: Store granular material at least 10 feet away from catch basins and curb returns. Prevent granular material from entering storm
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drains or creeks. When rain is forecast within 24 hours or during wet weather, cover granular material with a tarpaulin and surround the material with sandbags.
a. Dust Control: Dust control shall be in accordance with Section 10, “Dust Control” of the Caltrans Standard Specifications (CSS), Caltrans Standard Specifications (CSS), current edition. b. Street Sweeping: At the end of each working day, or as directed by the Inspector, clean and sweep roadways and on-site paved areas to remove materials attributed to or involved in the work. Water shall not be used to flush down streets in place of street sweeping. c. Recycling: Recycle aggregate material, asphalt concrete, and Portland Cement concrete at an approved recycling site. 1) SRDC, 199 Seaport Blvd, Redwood City, CA 94063, (650) 641-3082
2) For additional information, contact the City of Milpitas Solid Waste Unit at (408) 586-3352.
d. Disposal: At the end of each working day, collect all scrap, debris and waste materials and dispose of such materials properly. Inspect dumpsters for leaks and contact trash hauling contractors to replace or repair dumpsters that leak. Arrange for regular waste collection before dumpsters overflow.
3. Hazardous Material/Waste Management:
a. Storage: Label and store all hazardous materials, such as pesticides, paints, thinners, solvents and fuels, and all hazardous wastes, such as waste oil and anti -freeze. Store all hazardous materials and all hazardous waste according to all local City Regulations. Keep an accurate up -to-date inventory of hazardous material and hazardous wastes stored on-site to assist emergency response personnel if there is a hazardous material incident. b. Usage: When rain is forecast within 24 hours or during wet weather, do not apply chemicals in outside areas. Do not over apply pesticides or fertilizers, and follow material manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals.
c. Disposal: Arrange for regular hazardous waste collection to comply with time limits on storage of hazardous waste. Dispose of hazardous waste only at authorized and permitted Treatment, Storage and Disposal Facilities. Use only licensed hazardous waste haulers to remove the waste off -site, unless quantities to be transported are below applicable threshold limits for transportation specified in State and Federal Regulations. For additional information, contact County of Santa Clara Hazardous Materials Compliance Division at (408) 918-3400).
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4. Spill Prevention and Control:
a. Keep a stockpile of spill clean -up materials, such as rags or absorbents, readily accessible on-site.
b. Immediately contain and prevent leaks and spills from entering storm drains, and properly clean-up and dispose of the waste and clean-up materials. If the waste is hazardous, handle the waste as described in Section 1.3A, 3c above.
c. Prevent spilled materials from being washed into streets, gutters, storm drains, or creeks, and never bury spilled hazardous materials. d. Report any hazardous materials spill to the City’s Representative.
5. Vehicle/Equipment Cleaning:
a. Vehicle or equipment cleaning shall not be performed on -site or in the street using soaps, solvents, degreasers, steam cleaning equipment or equivalent methods.
b. Vehicle or equipment cleaning shall be performed with water only, in a designated, bermed area that does not allow rinse water to run off-site or into streets, gutters, storm drains or creeks.
6. Vehicle/Equipment Maintenance and Fueling:
a. Maintenance and fueling of vehicles or equipment shall be performed in a designated bermed area, or over a drip pan that does not allow storm water run-off of spills.
b. Use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.
c. Keep a stockpile of spill clean -up materials, such as rags or absorbents, readily accessible on-site.
d. Clean-up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and clean -up materials as hazardous waste, as described in Section 1.3A, 3c above.
e. Do not wash any spilled material into streets, gutters from drains, or creeks, and never bury spilled hazardous material.
f. Report any hazardous materials spill to the City’s Representative. g. Inspect vehicles and equipment arriving on -site for leaking fluids and promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.
h. Recycle waste oil and anti-freeze to the maximum practical extent. i. Comply with all Federal, State and City requirements for aboveground storage tanks.
7. Contractor Training and Awareness:
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a. The Contractor shall train all employees/subcontractors on the storm water pollution prevention requirements contained in these Specifications.
b. Inform subcontractors about the storm water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.
c. Post warning signs in areas treated with chemicals.
d. Paint new catch basins, constructed as part of the project, with “No Dumping."
B. Activity Specific Requirements: The following requirements shall be met on all projects that include the listed activities.
1. Dewatering Operation
a. Sediment Control: Route water through a control measure, such as a sediment trap, sediment basin trap, or sediment basin, to remove settleable solids before discharge to the storm drain system.
Approval of the control measure shall be obtained in advance from the Inspector. Filtration of the water following the control measure may be required on a case -by-case basis. If the Inspector determines that the dewatering operation would not generate an appreciable amount of settleable solids, the control measure requirement may be waived. Reuse water for other needs, such as dust control or irrigation, to the maximum practicable extent. b. Contaminated Groundwater: If the project is within an area of known groundwater contamination, then water from dewatering operations shall be tested before discharge. If the water quality meets Regional Water Quality Control Board (RWQCB) standards, then i t may be discharged to the storm drain system. Otherwise, the water must be treated or hauled off-site for proper disposal.
2. Paving Operations
a. Project Site Management: When rain is forecast within 24 hours or during wet weather, the Inspector may prevent the Contractor from paving. The Inspector may direct the Contractor to protect drainage courses by using control measures, such as earth dikes, straw bales, and sand bags, to divert run -off or trap and filter sediment.
Place drip pans or absorbent material under paving equipment when not in use. Cover catch basins and manholes when paving or applying a seal coat or tack coat.
b. Paving Waste Management: Do not sweep or wash down excess sand or screenings (placed as part of a sand seal, chip seal or to absorb excess oil) into gutters, storm drains or creeks. Instead, either collect the sand and screenings and return it to the stockpile, or dispose of it in a trash container. Do not use water to wash down fresh asphalt concrete pavement.
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3. Saw Cutting
a. During saw cutting, cover or barricade catch basins using control measures such as filter fabric, straw bales, sandbags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, ensure that the entire opening is covered. b. Shovel, absorb, or vacuum saw cut slurry, and pick-up waste before moving to the next location or at the end of each working day, whichever is sooner.
c. If saw cut slurry enters catch basins, remove the slurry from the storm drain system immediately.
4. Contaminated Soil Management
a. On all projects involving grading or excavation, look for contaminated soil as evidence by site history, discoloration, odor, differences in soil properties, abandoned underground tanks or pipes, or buried debris. If the project is not within an area of known soil contamination and no evidence of soil contamination is found, then testing of the soil shall only be required if directed by the Inspector. If soil contamination is found, then Soil from grading or excavation operations shall be tested. The soil s hall be managed as required by the Inspector.
5. Concrete, Grout and Mortar Waste Management
a. Material Management: Store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system.
b. Concrete Truck/Equipment Wash Out: Do not wash out concrete trucks or equipment into streets, gutters, storm drains or creeks.
Perform wash out of concrete trucks or equipment off -site or in a designated area on -site where water will flow onto dirt or into a temporary pit in a dirt area. Let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then collect the wash water and dispose of it off-site.
c. Exposed Aggregate Concrete Wash Water: Avoid creating run -off by draining water from washing of exposed aggregate concrete into a dirt area. If a suitable dirt area is not available, then filter the wash water through straw bales, or an equivalent material , before discharging it into the storm drain system. Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.
6. Painting
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PREVENTION
a. Painting Clean-up/Designated Area: Conduct cleaning of painting equipment and tools in a designated area that will not allow run-on of storm water or run-off of spills. Prevent wash water from cleaning of painting equipment and tools from entering into str eets, gutters, storm drain or creeks.
b. Water-Based Paint: Remove as much excess paint as possible from brushes, rollers and equipment before starting clean -up. To the maximum practicable extent, dispose of wash water from aqueous cleaning of equipment and tools to the sanitary sewer.
Otherwise, direct wash water onto a dirt area and spade in. c. Oil-Based Paint: Remove as much excess paint as possible from brushes, rollers and equipment before starting clean -up. To the maximum practicable extent, filter paint thinner and solvents for re- use. Dispose of waste thinner and solvent and sludge from cleaning of equipment and tools as hazardous waste, as described in Section 1.3A, 3c above.
d. Material/Waste Management: Store paint, solvents, chemicals and waste materials in compliance with all City Hazardous Materials Storage Regulations and all applicable State and Federal regulations. Store these materials in a designated area which will not allow run -on of storm water or run -off of spills. Dispose of excess thinners, solvents, oil and water-based paint as hazardous waste. Dispose of dry, empty paint cans/buckets, old brushes, rollers, rags and drop cloths in the trash.
7. Earthwork
a. Maximize the control of erosion and sediment by using the BMPs for erosion and sedimentation described in the California Storm Water Best Management Practice Handbook - Construction Activity and as noted on the Erosion Control Plan.
** END OF SECTION **
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-159- 02 41 13 – DEMOLITION
02 41 13 – DEMOLITION
PART 1 – GENERAL
1.1 SCOPE
A. Furnish all materials, labor, tools, and equipment to perform all demolition and disposal activities as shown on the plans and as specified herein including, but not necessarily limited to, the following:
1. Clearing and grubbing
2. Landscape removal
3. Stockpiling
4. Other miscellaneous demolition items
B. Related work specified elsewhere:
1. Clearing and Grubbing – Section 31 11 00
2. Earthwork and Grading – Section 31 22 00
1.2 REVIEW
A. Contractor shall review with the City’s Representative the exact limits of work and extent of materials to be removed.
1. Examine site and structures and determine exact nature and status of structural elements and utilities prior to commencing demolition.
2. City assumes no responsibility for actual condition of items or structures to be demolished.
1.3 STANDARDS
A. All work shall conform to ANSI A10.6, Safety Requirements for Demolition Operations and to the codes and regulations of the City.
1.4 SCHEDULE
A. Submit schedule indicating proposed methods and sequence of operations for demolition work for review prior to commencement of work. Include coordination with utilities companies for shut-off, capping, and continuation of utility services as required.
PART 2 – NOT USED
PART 3 – EXECUTION
A. Provide a minimum of 72 hours advance notice of demolition activities.
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B. Protection: Provide temporary barricades and other forms of protection as required to protect general public from injury due to the demolition work. Provide protective measures as required to provide free and safe passage of general public.
C. Environmental Controls: Use recycled water, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regulations pertaining to environmental protection.
D. Demolition: Perform demolition work in a systematic manner. Use methods required to complete work indicated on the plans in accordance with demolition schedule and governing regulations. Conduct demolition operations and debris removal in a manner to ensur e minimum interference with roads, streets, walks, and other adjacent occupied or used facilities.
E. Traffic: Do not close, block or otherwise obstruct streets, walks, or other occupied or used facilities without written permission from authorities having jurisdiction.
Provide alternate routes around closed or obstructed traffic ways if required by governing regulations.
F. Clean-up: Remove debris, rubbish and other materials resulting from demolition operations from project site. Transport and legally dispose of materials off site.
G. Damages: Promptly repair damages caused to adjacent facilities by demolition work at no cost to the City.
3.2 STOCKPILING
A. All spoil generated from the demolition shall be disposed of offsite. Any stockpile that was not overhauled by end of day, shall be covered properly.
3.3 CLEARING AND GRUBBING
A. Strip the site of all remaining materials not to remain as part of the finished work.
All such materials shall be legally disposed of off-site at the Contractor's expense, except as otherwise noted on the plans. Items to be disposed of off -site include but are not limited to the following: turf, trees, weeds, roots and other organic material, wood and trash.
B. Strip and remove weeds and trash from unpaved areas to be improved. Leave intact ornamental shrubs and trees as identified by the City’s Representative. The contractor shall protect surrounding areas from damage by equipment or construction operations.
C. All edges of existing paving to remain shall be sawcut in a neat and clean manner.
D. Where any marked or unmarked utility lines or other underground obstruction or piping may be encountered within the work area, notify the City’s Representative or the agencies or service utility companies having jurisdiction thereof, and take
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necessary measures to prevent interruption of service (if live). Should such lines or service be damaged, broken, or interrupted, those services shall be repaired immediately and restored by the Contractor at the Contractor’s own expense.
E. Abandoned lines, meters and boxes, obstructions or piping shall be removed, plugged or capped in accordance with the requirements and approval of the agencies affected. It shall be the responsibility of the Contractor to ascertain whether any public facilities exist along the line of work, whether or not shown on the plans; and the Contractor shall, at the Contractor’s expense, do any necessary work to save from damage all such property in or adjacent to the work, and shall repair all damage thereto caused by the Contractor’s operations.
3.4 Disposal
A. Remove surplus obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off the Owner’s property. ** END OF SECTION **
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-162- 31 11 00 – CLEARING AND GRUBBING
31 11 00 – CLEARING AND GRUBBING
PART 1 – GENERAL
1.1 SCOPE
A. Clearing and grubbing consists of furnishing transportation, labor, materials, and equipment to:
i. Remove and dispose of all rubbish, debris, and other objectionable material from within the limits of the project as specified.
ii. Strip the entire area within the limits of work of trees, shrubs, weeds, and other vegetative growth of any nature, unless otherwise shown as Protect In Place, and disposal of same.
iii. Grub the entire area within the limits of work of all roots and vegetative material to the full depth of the root system, and disposal of same. iv. Provide dust alleviation and control during the course of the work. v. Comply with any required abandonment of system facilities, including cutting, capping and slurry filling of abandoned pipelines. vi. Provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are obviously necessary to complete the work specified.
vii. Comply with any required salvage of existing facilities.
B. Implementing measures to prevent air pollution during clearing, grubbing and during construction activities in accordance with Federal, State, and local regulations.
1.2 References
A. State of California Department of Transportation Standard Specifications (SS):
B. California Air Resources Board, CARB 2003a. California Ambient Air Quality Standards
PART 2 – PRODUCTS
2.1 Recycled Water shall be available to the Contractor for dust control as specified herein.
Dust suppressants other than water shall not be utilized.
PART 3 – EXECUTION
3.1 PERFORMANCE
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A. Clearing and grubbing shall be in accordance with all applicable state and local requirements.
3.1 Clearing
A. Remove and dispose of shrubs, brush, limbs, and other vegetative growth.
Remove all evidence of their presence from the surface, including sticks and branches greater than two (2) inches in diameter or thickness. Remove and dispose of trash piles, rubbish, and fencing.
B. Protect trees, shrubs, vegetative growth, and fencing not designated for removal.
3.2 Grubbing
A. Remove and dispose of wood or root matter below the ground surface remaining after clearing, including stumps, trunks, roots, or root systems greater than 2 inches in diameter or thickness, to a depth as specified on the drawing . Weed removal shall be accomplished by method(s) that result in complete removal of the weed. Method used must be approved by the Engineer. Surface and crack cleaning shall be accomplished by sweeping, and not by air blowers.
3.3 Spoil resulting from clearing, grubbing, and stripping operations shall be removed from the entire limits of work and properly disposed of by the Contractor. Materials resulting from clearing, grubbing, and stripping operations shall become the property o f the Contractor, to be properly removed from the work site and disposed of from the project site in a lawful manner, at no additional expense to the contract.
3.4 Furnish, install, maintain, and operate necessary control measures and other equipment necessary to prevent dust. Temporary measures shall be to Contractor’s own design and Contractor shall be solely responsible for risks related to the management of dust control during construction.
** END OF SECTION **
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-164- 31 22 00 – EARTHWORK AND GRADING
31 22 00 – EARTHWORK AND GRADING
PART 1 – GENERAL
1.1 SCOPE
A. Furnish all materials, labor, tools, and equipment to perform all earthwork and grading as shown on the plans and as specified herein including, but not necessarily limited to, the following:
1. Stockpile
2. Rough grading operations
3. Establish subgrade elevations
4. Subgrade compaction
B. Related work specified elsewhere:
1. Demolition – Section 02 41 13
2. Site Concrete – Section 32 13 13
1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall conform to the most current Section 19 “Earthwork” of the State of California, Department of Transportation, Caltrans Standard Specifications (CSS) as they reasonably apply to this work, except for measurement and payment requirements.
1.3 QUALITY CONTROL
A. Submit a one-gallon sample of the proposed fill material for testing and review by the Geotechnical Engineer at least two (2) weeks prior to proposed use on site. No material shall be used unless approved by the Geotechnical Engineer retained by the City.
B. Compaction Test Method: Where referred to in these specifications, "compaction" or "relative compaction" shall mean the in-place dry density of soil expressed as a percentage of the maximum dry density of the same material as determined by ASTM D-1557-02e1.
C. The City will provide compaction testing as required to confirm compliance with these specifications and plans. All costs of such testing will be borne by the City, except as specified under paragraph 1.3B, 3 above.
1.4 LAYOUT AND GRADING CONTROL
A. Grade the site to the tolerances shown.
B. The Contractor shall engage the services of a City -approved Land Surveyor licensed in California to layout the work. This Surveyor shall certify that the work is
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completed in a manner that the City can check for conformance as the work progresses.
C. Tolerances: Site grading shall be to the elevations shown on the plans, plus or minus 0.1 foot vertically.
D. Dewatering: No soil shall be compacted during periods of rain or when the ground is not drained of all free water. Soil that has been stockpiled and wetted by rain or by any other cause shall not be compacted until it is completely drained and until the moisture content is within the limits approved by the City.
PART 2 – PRODUCTS
2.1 MATERIALS
A. Existing material may be used for fill after removal of all debris, and after being moisture-conditioned, if it meets the criteria in paragraph B below.
B. Soil imported to the site and used for compacted fill shall be free of perishable organic material, and shall meet the following requirements:
1. Physical: 100% passing 4-inch size, 10 to 75% passing the No. 200 sieve.
Plasticity Index of 12 maximum when tested in accordance with ASTM D 4318 75.
2. Chemical: Salinity Limit (ECe) saturation extract of 4.0 sodium (SAR) limit of less than 8.0.
3. Boron: Saturation extract concentration less than 1.0 ppm.
C. Minor quantities of material not meeting the above gradation may be mixed and blended with other on -site material if the resulting mixture conforms to the specifications. If the quantity of material not in conformance with the specifications becomes excessive in the opinion of the Geotechnical Engineer, it shall be removed from the site.
PART 3 – EXECUTION
3.1 ROUGH GRADING
A. Prior to commencement of site grading work, the Contractor shall notify the City’s Representative that the site has been cleared. The City’s Representative shall have sufficient time to review the site. Site grading shall not commence until the City’s Repr esentative has completed review of the site and the City has given approval to proceed.
B. Perform all cut and fill required to bring the site to the grades indicated, with proper allowances for finish materials such as paving and base. Prior to placing new fill, the exposed ground surface should be scarified to a depth of 6 inches (or greater as indicated on the plans), brought to near optimum moisture content, and
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compacted. Areas to be planted shall be compacted to 85 percent, and areas to be paved shall be compacted to at least 90 percent relative compaction as determined from ASTM Test Method D 1557 78.
C. Placement and Compaction: Approved fill material shall be placed in layers of 6 to 8 inches in loose thickness and moisture conditioned as necessary to achieve moisture content suitable for re-compacting. Fill material shall be compacted with equipment of such weight and design as necessary to obtain the specified compaction. Fill shall be compacted to 85 percent relative compaction in areas to be planted and at least 90 percent relative compaction in areas to be paved unless otherwise directed. In pavement areas, the upper 9 inches of subgrade shall have a minimum relative compaction of 95 percent. The resulting subgrade should be smooth and essentially unyielding. In planting areas, the upper 8 inches shall have a minimum relative compaction of 85 percent. Between successive lifts, the fill surface shall be scarified or otherwise processed to obtain satisfactory bonding between the fill lifts.
D. Re-compaction: Where, in the judgment of the City’s Representative, the moisture content is not suitable or insufficient compaction has been obtained, the fill shall be reconditioned and/or re-compacted to the specified density prior to placing any additional fill material. The Contractor shall be responsible for placing and compacting approved fill material in accordance with these specifications. If the Contractor fails to meet the compaction requirements, they shall reduce their rate of haul, furnish add itional spreading, moisture conditioning and/or compacting equipment or make any other adjustments necessary to produce a satisfactorily compacted fill.
E. All excess material and all material that is unsuitable for paving subbase or finish grading shall be disposed of off -site at Contractor’s expense, including all testing and fees required by the disposal site.
F. Where any marked or unmarked utility lines or other underground obstruction or piping may be encountered within the work area, notify the City or the Agencies or service utility companies having jurisdiction thereof, and take necessary measures to prevent interruption of service (if live). Should such lines or service be damaged, broken, or interrupted through the Contractor’s own negligence, those services shall be repaired immediately and restored by them at their own expense.
Abandoned lines, meters and boxes, obstructions or piping, shall be removed, plugged or capped in accordance with the requirements and approval of the agencies affected.
G. Earthen Swales: Shall be constructed as shown and described on the plans. All swales shall provide positive drainage.
3.2 EROSION CONTROL AND CLEAN-UP
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A. Spillage: Prevent spillage when hauling on, or adjacent to, any public street or highway. In the event that spillage occurs, sweep, wash, or otherwise clean the street or highway until the spillage has been removed.
B. Dust Control: Take all precautions needed to prevent a dust nuisance to adjacent public and private properties, and to prevent erosion and transportation of soil to adjacent properties, due to work under this contract. All damage caused by the Contractor’s work under this contract shall be corrected or repaired by the Contractor at no cost to the City. If the Contractor fails to take the necessary precautions, or make the corrections or repairs promptly, the City shall take the steps deemed necessary and deduct the cost from the contract amount.
C. Clean-up: The job site shall be kept neat and clear at all times, with all public walks swept clean at the end of each day, and all materials neatly stored. Upon completion of the work under this Section, remove immediately all surplus materials, rubbish and equipment associated with or used in the performance of this work. Failure to perform such clean-up operations within 48 hours of notice by the City shall be considered adequate grounds for having the work completed by others at the Contractor’s expense.
** END OF SECTION **
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-168- 32 13 13 – SITE CONCRETE
32 13 13 – SITE CONCRETE
PART 1 – GENERAL
1.1 SCOPE
A. Furnish all materials, labor, tools, and equipment to install all site concrete as shown on the plans and as specified herein including form, cobblestone concrete paving and other miscellaneous concrete work
B. Related work specified elsewhere:
1. Earthwork and Grading – Section 31 22 00
1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall conform to the appropriate current sections of:
1. City Standard Specifications, Section 9.
2. The State of California, Department of Transportation Caltrans Standard Specifications (CSS), latest edition, Sections 52 “Reinforcement”, 73 “Concrete Curbs and Sidewalks”, Section 78-4.04 “Staining Concrete and Shotcrete”, and 90 “Concrete”, except for measurement and payment requirements.
3. Applicable ASTM Specifications as they reasonably apply to this work, except for measurement and payment requirements.
4. American Concrete Institute (ACI), current standards.
1.3 TOLERANCES
A. Tolerances for subgrade, subbase and finished grade shall be as specified by the DTSS except that the Contractor shall deliver the full aggregate base and concrete thickness shown. No combination of high and low tolerances that compromise the section will be permitted.
1.4 QUALITY CONTROL
A. Concrete Final Finishes: The Contractor shall demonstrate to the satisfaction of the City’s Representative that they, or their subcontractor, possesses sufficient skills and experience to perform the work. Photographs and/or site visits of past work may be required to supply this information.
B. Sample Mockups: A 3’x3’ sample of the pavement with cobblestone finish shall be poured and finished at the site for the City’s Representative to review prior to commencing concrete pouring. Once the samples have been reviewed, the Contractor shall meet or exceed that quality of finish in all subsequent work. The Contractor shall be responsible for removal of the samples at the completion of the work.