Attachment 1 - Agreement — Mayor and City Council, January 21, 2026

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This Contract for Construction (“Contract”), No. SS04-009B is made and entered into this 21st day of January, 2026 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and H L Hitchcock Construction Inc. sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

UNIVERSITY PARKWAY EXTENSION – MEDIAN & STREETSCAPE IMPROVEMENTS Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 180 Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Eleven Thousand Eight Hundred Thirty-Five Dollars ($1,011,835.00) Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of One Thousand ($1,000.00) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO
By:

Eric Levitt
City Manager
ATTEST:

By:

Telicia Lopez,
City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
H L Hitchcock Construction Inc.
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)
[END OF CONTRACT]
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UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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REQUIREMENTS

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:

ADDRESS:

The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

MINIMUM INSURANCE REQUIREMENTS
RFQ F-25-4047
UNIVERSITY PARKWAY EXTENSION – MEDIAN AND STREETSCAPE IMPROVEMENTS

COVERAGE TYPE MINIMUM POLICY LIMITS
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Contractor’s Pollution Liability (if applicable) $1,000,000 per occurrence / $2,000,000 aggregate
By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
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REQUIREMENTS
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER
Individual

DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
00 61 13 – BOND FORMS
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
00 61 13 – BOND FORMS
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
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Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
00 61 13 – BOND FORMS
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
Individual

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
00 61 13 – BOND FORMS
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
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ARTICLE 1 -TERMS; DEFINITIONS

1.1 Defined Terms
A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract.

4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

7. Bidder -- The individual or entity who submits a Bid directly to the City.

8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).

10. City’s Representative – The City Engineer, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably
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11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

12. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

14. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

15. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment.

16. Contractor -- The individual or entity with which the City has contracted for performance of the Work.

17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City.

18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.

20. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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inspection, reference standard, test, or approval referenced in the Contract Documents.

22. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

23. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined.

24. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them.

26. Force Majeure Event -- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive.

28. Holiday – Holidays occur on:

New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
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Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

29. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.

30. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project.

31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.

32. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

33. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions.

34. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock.

35. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged.

36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

38. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.

39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

40. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

41. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.

42. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award.

44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents.

47. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer.

48. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

1.2 Terminology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

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2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied.

B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 -PRELIMINARY MATTERS

2.1 Delivery of Contract Documents
A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents.

2.2 Bonds
A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City.

2.3 Evidence of Insurance
A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved.

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2.4 Execution of the Contract
A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract.

2.5 Contractor’s Failure to Perform
A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times.

2.6 Commencement of Contract Times; Notice to Proceed
A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract.

Work shall commence within ten (10) Days of the date stated in the Notice to Proceed.

The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed.

2.7 Copies of Documents
A. 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.

2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Section 00 72 00, Article 6.5.

B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21.

C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2.

2.9 Preconstruction Conference; Designation of Authorized Representatives.

A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records.

B. 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 transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.10 Subcontractor Mobilization Meeting.

A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues.

2.11 Authority of Board; Engineer
A. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer.

B. The decision of the Engineer is final and binding on all questions relating to:

1. quantities;

2. acceptability of material, equipment, or work;

3. execution, progress or sequence of work;

4. interpretation of the Plans, Specifications, or other Contract Documents; and

5. Any other areas specifically identified in the Contract Documents or under the law.

C. Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board.

2.12 Mobilization
A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items:

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1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, as applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services.

7. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA.

11. Full-time presence of Contractor’s superintendent at the job Site as required herein.

12. Submittal of construction schedule as required by the Contract Documents.

ARTICLE 3 -CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents; Site. 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.

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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.

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, 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.

3.2 Intent of Contract Documents
A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City.

B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project.

C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions.

D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents.

E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

3.3 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies.

1. The Contract Documents are intended to be fully cooperative and complementary.

Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City.

Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk.

B. Order of Precedence.

1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Permits from other agencies as may be required by law b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
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g. Construction Plans and Drawings(Contract Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded)
m. Applicable Local Agency Standards and Specifications n. Standard Drawings
o. Reference Documents

2. With reference to the Drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings

3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.

3.5 Amending and Supplementing Contract Documents.

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:

1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or

2. The City’s issuance of a response to an RFI.

C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents.

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3.6 Reuse of Documents.

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record.

B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 - INDEMNIFICATION; INSURANCE

4.1 Indemnification
A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:

1. 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 consequential 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 volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

2. 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.

3. 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; UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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4. 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 Contract. 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.

B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City 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 officials, 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 herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

4.2 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 City 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 under 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 the City with original certificates of insurance and endorsements effective coverage required 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 certificates and endorsements must be received and approved by the City before Work commences.

A.Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized 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 completed 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 coverage, 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. All insurance coverage maintained or procured UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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pursuant to this Contract shall be endorsed to waive subrogation against the City, its officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.

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 protecting 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 the City with a certificate of Employer’s Liability Insurance. 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 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 $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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suits are brought, except with respect to the limits of liability. Further the limits set 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 relating 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 insured 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 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 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.Builder’s Risk “All Risk”

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City.

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

G.Contractor’s Pollution Liability Coverage. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate.

H. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the 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.

I. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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J.Form and Proof of Carriage of Insurance

1. 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 “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

2. 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.

3. 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.

4. 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.

5. The City reserves the right to adjust the monetary limits and types 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.

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6. 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.

7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy.

ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS

5.1 Applicable Laws
A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear 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) arising out of or relating to such Work.

5.2 Permits and Licenses
A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents.

B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents.

C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

5.3 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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interest subject to personal property taxation for which Contractor will be responsible.

5.4 Traffic Control
A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work.

C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction.

Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer.

5.5 Safety
A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

B. 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections.

C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws.

5.6 Hazardous Materials
A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing).

C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City.

D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees.

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5.7 Sanitary Facilities.

A. 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. 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 required by Cal/OSHA shall be the responsibility of the Contractor.

5.8 Dust Control
A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

5.9 Air Pollution Control
A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. 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.

B. Without limiting the foregoing, 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 Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.

5.10 Water Quality Management and Compliance
A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

B. 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof.

C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale.

Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit.

Before any NOI, PRD, SWPPP, or other Construction General Permit-related document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee.

Contractor shall include all costs of compliance with specified requirements in the Contract Price.

E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.

F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof.

G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law.

Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

5.11 Environmental Quality Protection
A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to non- compliance penalties, the cost of such penalties shall be borne by the Contractor.

B. 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.

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. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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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.

C. If, in the performance of the Work, evidence of the possible occurrence of any 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 two (2) Days. 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. 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.

D. 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, grading, watering or other means, the Contractor shall 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 two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. 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. 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.

5.12 Excessive Noise
A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements.

B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

5.13 Diversion of Recyclable Waste Material
A. 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. 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 the 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.

5.14 Inspector’s Field Office.

A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within 20 Days of the Notice to Proceed.

B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

5.15 Contractor’s Supervision.

A. 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.

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5.16 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.

5.17 Independent Contractors.

A. 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 the City and are not entitled to benefits of any kind normally provided employees of the 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.

5.18 Verification of Employment Eligibility.

A. By executing the 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.

5.19 Labor.

A. Hours of Work

1. 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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2. 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 Contract. 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.

3. 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.

4. 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.

5. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) 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.

6. It shall be unlawful for any person 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 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance

1. 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 shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury.

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2. 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 under 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.

3. Any stop orders issued by the DIR 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 DIR against Contractor or any Subcontractor.

4. 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:
a. 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.
b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

5. 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.

6. 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 such 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.

7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should 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 effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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Standards Enforcement, such penalties shall be withheld from progress payment then due.

8. The responsibility for compliance with this Article shall rest upon the Contractor.

C. Prevailing Rates of Wages

1. 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.

2. 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 DIR 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 difference 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.

3. 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.

D. Public Works Contractor Registration

1. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR 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 sections 1725.5 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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and 1771.1 in any subcontract and ensure that all 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.

E. Employment of Apprentices

1. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

2. 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.

3. 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.

F. Nondiscrimination/Equal Employment Opportunity

1. 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, physical 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 employment 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.

G. Debarment of Contractors and Subcontractors

1. 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.

5.20 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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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 Documents 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.

5.21 Progress Meetings
A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work.

The Contractor, City, and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously.

5.22 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process.

B. Submittal Procedures.

1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal.

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d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents.
e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission.
g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents.

2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor.

C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents.

5.23 Shop Drawings and Sample Submittal Procedures.

A. Before submitting each Shop Drawing or Sample, Contractor shall have:

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1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation.

C. Shop Drawings.

1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents.

2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work.

4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement.

5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction.

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D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection.

E. City’s Review.

1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample.

F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals.

5.24 Record (“As-Built”) Drawings.

A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. 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 Drawings. 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. Said Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

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B. 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. Record Drawings shall be accessible to the Engineer at all times during the construction period.

Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment.

C. 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 the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work.

5.25 Layout and Field Engineering.

A. 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.

5.26 Separate Contracts and Cooperation.

A. Separate Contracts. 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. 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.

B. Cooperation. 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 such 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.

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5.27 Work Site.

A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of- entry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal.

C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

5.28 Utility Usage.

A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments.

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5.29 Protection of Work and Property.

A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur 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.

B. 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 codes 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.

C. 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.

D. 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:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Site over a route designated by the City.

4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor.

5. 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 City.

Contractor shall not unreasonably encumber the Site with its materials.

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6. 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.

7. 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.

8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Work and the Site in a clean, safe condition.

10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.

E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and 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 therefor.

F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. 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.

G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project.

5.30 Emergencies.

A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

ARTICLE 6 -MATERIALS; INSPECTION

6.1 Access to Work.

A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs.

6.2 Materials.

A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

B. 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.

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. 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.

D. 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. Except for an adjustment to Unit Price Work for item overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, 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 be submitted to the Engineer for consideration before proceeding with the Work.

6.3 Test and Inspections.

A. Inspection and Testing of Work and Materials

1. 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.

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Costs for City testing and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor.

3. 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.

4. 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.

Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

5. 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.

B. Testing of Materials

1. 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.

2. 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.

3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to re- notify the Engineer when samples which are representative may be obtained.

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4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not.

5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense.

6.4 Requests for Substitutions.

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.

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 thirty-five (35) 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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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 to 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 submittals 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.

H. The Contractor shall bear the costs of all the 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 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations.

A. When a soils investigation report for the Site is available, such report is provided for informational purposes only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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prepared for purposes of design only and Contractor is required to examine the Site before submitting its Bid and must make whatever tests it deems appropriate to determine the condition of the soil.

7.2 Ownership of Site Materials Found.

A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party.

7.3 Existence of Utilities at the Work Site.

A. Existing Utilities

1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project.

2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities.

B. Utility Location

1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article.

2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way.

3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.”

5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions.

2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages.

4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties.

The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents.

6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

D. Construction at Existing Utilities

1. 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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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.

2. 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 duration 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 damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. 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.

7.4 Trenches
A. Trenches Five Feet or More in Depth.

1. 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 plan 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 provide 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.

1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
a. 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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b. Subsurface or latent physical conditions at the site differing from those indicated.
c. 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.

2. 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 Article

9.1 Change Orders and Time Extensions.

3. 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.

ARTICLE 8 -PROSECUTION OF THE WORK

8.1 Contractor’s Means and Methods.

A. 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.

8.2 Construction Schedule.

A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule. Copies are not acceptable.

B. Schedule. The receipt or approval of any schedules by the City shall not in 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 Contract Time. 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 City.

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C. Schedule Contents. The schedule shall allow enough time for inclement weather.

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 include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order.

D. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week look- ahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work.

E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor.

F. Recovery Schedule.

1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the allotted Contract Time:
a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work;
b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction;
c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature.

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2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule.

3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non-compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request may result in City withholding progress payments or other amounts due under the Contract Documents.

4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence.

Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time.

8.3 Time for Completion and Liquidated Damages
A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time 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. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor 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 Contractor and the Contract completion date.

B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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stipulated in the Contract for each calendar day of delay until the Work is fully completed. 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.

C. 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. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time 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. 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). 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 extension. Contractor shall not be entitled to an adjustment in the 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 control of Contractor.

E. Reverse Liquidated Damages. Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in Article 2 of the Contract for Construction, the City shall pay to the Contractor the sum stipulated in the Contract per day. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work.

The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.

F. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

G. 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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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 shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions.

Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.

8.4 Contractor’s Responsibility for Work.

A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid.

8.5 Occupancy.

A. 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.

8.6 Securities for Money Withheld
A. 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 under 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.

8.7 The City’s Right to Suspend/Terminate the Contract
A. Suspension of Work by the City

1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension.

Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise:
a. Immediately discontinue Work on the date and to the extent specified in the notice;
b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice;
c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and
d. Continue to protect and maintain the Work including those portions on which Work has been suspended.

3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract.

B. 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 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 should 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) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) Days of the effective date of the Notice of Termination. The City may withhold from final payment up to 150% of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract.

C. 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, upon ten (10) Days written notice 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.

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) Days from the effective date of the Notice of Termination, all of the usual documentation UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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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, which 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 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.
g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

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. 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.

6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

8.8 Completion and Acceptance of Work
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.9 Warranty and Guaranty 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 (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) 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 repair 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 the 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) 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 hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the 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 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the 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) 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, the 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 the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. 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 the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

I. The City May Correct Defective Work

1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the 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, the 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, the 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the 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 the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. 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.

4. If the Change Order is executed after all payments under the Contract have been paid by the 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 the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the 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 the City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 9 - CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions
All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. 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. 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. 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.

Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

A. Change in Contract Procedures
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1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:
a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier.
b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable.
c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date.

To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently.

3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. The Change Order Request shall include all of the following information (unless inapplicable to the change):
a. A detailed description of the circumstances giving rise to the request;
b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors;
c. Supporting documentation for all costs;
d. A time impact analysis showing the impact of the delay to the critical path to completion;
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e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and
f. Certification to the accuracy of the Change Order Request under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule.

The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request.

For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination.

4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or 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 no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Claim in writing to the City within fourteen (14) 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 reasonably require.

5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE

A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE

ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF

THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE

RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH

CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE

OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY

MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER
APPLICABLE LAWS.

Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

6. Change Order Format
a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. 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. 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.

B. Determining Adjustments to Compensation.

1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The mark- up added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work.

2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, 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 deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.

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3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City.

4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.

5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and- material work shall be limited to direct expenditures necessitated specifically by the change 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, apprenticeship 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 additional costs. 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 the 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.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less.

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(i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed.

Rental time will not be allowed while equipment is inoperative due to breakdowns.
(ii) All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. (iv) When hourly rates are listed, 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 greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:
(i) “Net Cost” is defined as the actual 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 shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request.
(ii) For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use.
(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 up to 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 Contractor may each add up to 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 the UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
(vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above.
e. Documentation of Time-and-Material Costs.
(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 for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.
(ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis.

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs.

Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work.
f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices:
(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 employed 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 Work;
(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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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or equipment wrongly supplied, and making good any damage to property;
(v) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
(vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
(vii) 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;
(viii) 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;
(ix) 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.
(x) 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; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, 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); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.
(xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements.

9.2 Procedure for Resolving Claims.

Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, 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 time for completion or Contractor’s compensation, 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.

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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 Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for:

1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3. An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part.

Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

D.Documentation. The Contractor shall submit all Claims in the following format:

1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

2. List of documents relating to Claim:
a. Specifications
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b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Narrative analysis of Claim merit

5. Analysis of Claim cost, including calculations and supporting documents

6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested
E. City’s Response. Upon receipt of a Claim pursuant to this Article, the 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 (3) 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 the 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 $50,000, 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.

F. 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 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

G. 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 in 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 public entity 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 Article, 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 Article.

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 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.

H. 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 Government 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.

I. 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 UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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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 more 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.

J. Government Code Claim Procedures.

1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3. 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 adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

4.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 inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

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K. 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, and shall not constitute a waiver of any rights under this Article.

ARTICLE 10 - MEASUREMENT; PAYMENT

10.1 Cost Breakdown.

A. Lump Sum Work.

1. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values.

B. Unit Price Work.

1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item.

2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid.

3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
b. there is no corresponding adjustment with respect to any other item of Work; and
c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes UNIVERSITY PARKWAY EXTENSION – MEDIAN &
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that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.

10.2 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 an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

B. 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 C 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.

C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its 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.

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 Count for claims against Contractor.

7. Failure of Contractor to keep the Record 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.

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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 (C)(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 Days after the receipt of an undisputed and properly 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.

G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

10.3 Final Acceptance and Payment
A. 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. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment.

B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract.

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herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract.

D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price.

E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136.

In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount.

F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract.

ARTICLE 11 - MISCELLANEOUS

11.1 Patents.

A. 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, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract.

11.2 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.

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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.

11.3 Notice.

A. All notices shall be in writing and either served by personal delivery or mailed to the other party. 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 the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

11.4 Notice of Third Party Claims
A. 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.

11.5 State License Board Notice
A. 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 the 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 Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

11.6 Assignment of Contract
A. 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 in 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.

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11.7 Change In Name And Nature Of Contractor’s Legal Entity.

A. 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 the City’s rights under the Contract, including but not limited to the bonds.

11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction 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.

11.9 Controlling Law
A. 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.

11.10 Jurisdiction; Venue
A. 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 San Bernardino 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.

11.11 Cumulative Remedies.

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.

The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

11.12 Survival of Obligations.

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

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11.13 Headings.

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:

1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.

2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties.

11.15 All Legal Provisions Included
A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City 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 City, he 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 laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.

C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.

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E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder.

11.16 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature

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SPECIAL CONDITIONS

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00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK

1.1 Location of the Project.

A.University Parkway (formerly State Street) from Base Line Street to 16 th Street.

1.2 Scope of Work.

A. The Scope of Work consists of but not limited to installation of a concrete raised median from Hanford Street to 16 th Street and installation of landscape and irrigation within parkway and median of newly constructed University Parkway (formerly State Street) from Base Line Street to 16th Street, and solar light fixtures.

ARTICLE 2 - MODIFICATIONS TO THE GENERAL CONDITIONS

2.1 Section 2.12 Mobilization
Paragraph B.8 add the following:

No storage of equipment or materials will be allowed on private property, unless written permission has been provided to City, or in street right-of-way.

2.2 Section 5.5 Safety
Section 5.5.A states, “Contractor to notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the work may affect them.” The following requirements will be added to Section 5.5.A. The following list of individuals or entities, which are known to have facilities in the area to be improved is merely for the Contractor's information and may or may not be complete or inclusive:

City of San Bernardino (Engineering)------------------------------------(909) 384-5019 Southern California Edison, Ben Murguia-------------------------------(909) 307-6788 Southern California Gas Company, Devry Jennings-------------------(909) 335-7772 San Bernardino Municipal Water Department, Mike Nevarez------(909) 384-5092 Verizon Communications, Control Desk--------------------------------(909) 784-6655 AT&T, Rosemary Hamill--------------------------------------------------(916) 799-4642 Underground Service Alert------------------------------------------------(800) 227-2600 California Department of Transportation-------------------------------(909) 383-6920 Modifications to the Standard Specifications for Public Works Construction.

The following amendments, additions and deletions shall be incorporated into the Green Book:

SECTION 3- CONTROL OF THE WORK
3-10 Surveying

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3-10.2 Survey Service: The Contractor shall provide construction survey and construction staking to establish grades per plans, furnish all labor, materials, equipment to complete the surveying task at no extra cost to the Agency.

All costs involved in construction survey shall be included in the various contract items of work and no additional compensation will be allowed therefore.

2.3 Section 5.27 Work Site
Section 5.27 Work Site, shall add the following requirements:

The contractor shall notify all residents and business owners, in writing (both in English and in Spanish), of his proposed operations and schedule. Notice shall be delivered at least ten (10) working days prior to start of construction. The contractor shall prepare a letter for this purpose and submit the letter to the Engineer for approval at least five (5) working days prior to the date needed for its circulation. The Contractor shall be responsible for reproduction and distribution of the letters. The time to notify in advance shall be coordinated with the City inspector.

Project sign board shall be in-placed in advance (30 days after Notice to Proceed, NTP) prior to any start of construction. Check with the City as to how far in advance to have the project signage to be in-placed. See Attachment.

The Contractor shall follow: Greenbook 2024, Section 302-3.8, pages 317; Greenbook 2024, Section 302-4.7, page 323, and Greenbook 2024, PART 6 TEMPORARY TRAFFIC CONTROL SECTION 600-ACCESS, All of Sections 600 and 601, that apply to this project, pages 553 to 560.

Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways.

Re-notification will be required if the Contractor’s schedule is altered or other delays occur, which significantly affects the scheduled work. Then, it shall be at Contractor’s expense.

2.4 Section 5.29 Protection of Work and Property
Add Paragraph H and add the following:

The Contractor shall provide sufficient barricades, delineators and ribbon at each location to adequately protect the new and fresh concrete surfaces from vandalism and unauthorized markings. Newly poured and finished concrete areas shall be delineated or cordoned off with tape to inhibit and discourage pedestrians, bikers and skateboards from tracking across the fresh sidewalk surfaces. Unauthorized markings (i.e. graffiti, footprints, bike tire marks, scuff marks) in the new sidewalk surfaces are not acceptable, and may be cause for rejection. All such areas rejected due to such cause shall be removed and replaced at the Contractor’s expense. All costs for protecting the new concrete surfaces and any graffiti removal shall be considered as incidental to the cost of the work and no additional compensation will be allowed therefore.

Modifications to the Standard Specifications for Public Works Construction.

The following amendments, additions and deletions shall be incorporated into the Green Book:

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SECTION 2-SCOPE OF WORK-- [No Changes]
SECTION 3- CONTROL OF THE WORK
3-10 Surveying
3-10.2 Survey Service: The Contractor shall provide construction survey and construction staking to establish grades per plans, furnish all labor, materials, equipment to complete the surveying task at no extra cost to the Agency.

All costs involved in construction survey shall be included in the various contract items of work and no additional compensation will be allowed therefore.

SECTIONS 4 THROUGH 8 -- [No Changes]
PARTS 2 THROUGH 10 -- [No Changes]

CITY OF SAN BERNARDINO

SPECIAL PROVISIONS

1.0 GENERAL
The Contractor shall furnish, in accordance with the plans and specifications, all labor, equipment, and materials required for all work as necessary for: UNIVERSITY PARKWAY EXTENSION - MEDIAN & STREETSCAPE IMPROVEMENTS , 16TH STREEET TO BASELINE STREET PROJECT.

2.0 UTILITY LOCATION
The following list of individuals or entities, which are known to have facilities in the area to be improved is merely for the Contractor's information and may or may not be complete or inclusive:

City of San Bernardino (Engineering) .................................(909) 384-5019 Southern California Edison, Ben Murguia ...........................(909) 307-6788 Southern California Gas Company, Devry Jennings...........(909) 335-7772 San Bernardino Municipal Water Department, Engineering(909) 453-6175 Verizon Communications, Control Desk..............................(909) 784-6655 AT&T, Rosemary Hamill......................................................(916) 799-4642 Underground Service Alert ..................................................(800) 227-2600 California Department of Transportation…………………….(909) 383-6920 San Bernardino Municipal Water Department, Sewer.........(909) 453-6175

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CA Department of Water Resources...................................(661) 944-8600

3.0 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to commencing any work, the Contractor shall submit for review and approval by DWR the methods and procedures, excavation plans, schedules and type and weight of the construction equipment to be used for crossing the State Water Project’s (SWP) Pipeline.

Prior to construction, the condition of DWR’s roads, fences, and land areas adjacent to the proposed project area shall be jointly inspected and documented by Contractor, City of San Bernardino staff and DWR personnel.

4.0 NOTIFICATION OF RESIDENTS AND BUSINESSES
The contractor shall notify all residents and business owners, in writing, of his proposed operations and schedule. Notice shall be delivered at least ten (10) working days prior to start of construction. The contractor shall prepare a letter for this purpose and submit the letter to the Engineer for approval at least five (5) working days prior to the date needed for its circulation. The Contractor shall be responsible for reproduction and distribution of the letters. The time to notify in advance shall be coordinated with the City inspector.

Re-notification will be required if the Contractor’s schedule is altered or other delays occur, which significantly affects the scheduled work. Then, it shall be at Contractor’s expense.

The contractor shall furnish and install a Project Sign on the project site at the location specified by the Engineer prior to any start of construction. A pictorial sample of a project sign will be provided to the contractor by the Engineer. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in furnishing, installation and maintenance of a project notification sign for the duration of the project shall be included in the Contract Bid Item “MOBILIZATION, DEMOBILIZATION, INSURANCE, BONDS, PERMITS, AND MISCELLANEOUS.” The contractor shall furnish the materials needed to install a 4’ x 8’ sign. Contractor shall take down signs when construction is completed and return them to the Engineer. Contractor shall install sign on two 4” x 4” x 12’ treated wood or steel posts, embedded 36” into ground, with 7’ clearance from ground level to bottom of sign and mount the signs at sites designated by the City, within City right of way. No additional payment shall be made therefore, regardless of weather, changes in the scope of work or actual time required to complete the project.

5.0 TRAFFIC CONTROL DURING CONSTRUCTION
In accordance with Greenbook Part 6, traffic control, including but not limited to vehicular and pedestrian traffic control, maintenance of vehicular and pedestrian access, detours and street closures, shall be in accordance with the Greenbook, including all its subsequent

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amendments; the latest edition of the Manual of Traffic Controls for Construction and Maintenance Work Zones, as published by the Department of Transportation of the State of California; and the following Special Provisions. In the event of conflict, the Special Provisions shall take precedence over the Manual of Traffic Controls, and the Manual of Traffic Controls shall take precedence over the Standard Specifications.

Contractor shall maintain a minimum of two travel lanes in each direction on streets at all times. Additional travel-lane closure will be permitted only as necessary for actual construction activities and subject to the Engineer’s approval.

The Contractor shall be responsible for all temporary paving, removal/reconstruction of conflicting improvements, striping, traffic control (furnishing a City-approved Traffic Control Plan and/or Detour Plan), and adjustments to construction sequencing/logistics, as necessary to provide said travel lanes.

DWR’s ongoing operations and maintenance activities shall not be disrupted during construction. The Contractor shall maintain DWR’s access through the worksite at all times.

The Engineer reserves the right to direct all construction activities which creates conflicts with providing said travel lanes to be performed on weekends or nighttime hours.

Compensation for temporary improvements, weekend and nighttime work, shall be considered as included in various bid items. No additional compensations will be provided therefore,

1. The Contractor shall have exclusive control and responsibility for traffic control and safety devices, all signage and roadway markings, all equipment and materials, and the ongoing construction at all times.

The Contractor will be responsible for obtaining all street closure permits (if explicitly approved by the Engineer) from the City of San Bernardino prior to the start of any work. The street closure permits will identify additional signing requirements, work hours and other conditions as may be necessary to minimize inconvenience to motorists and businesses.

Ingress and egress to local residents, commercial and industrial properties must accessible at all times.

2. All Traffic control and safety devices, equipment and materials, including but not limited to cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, markers, portable barriers, flashing arrow signs, markings and flagging equipment, shall be provided and maintained in “like new” condition.

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3. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, all said devices, equipment and materials, and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of and to properly warn, guide, control, regulate and channelize project workers and the public beyond said limits as necessary to include areas affecting or affected by the work, from the start of work to the completion of the work.

4. High level warning devices (flag trees) are required at all times for any work being performed within the roadway, unless otherwise specifically authorized by the City.

Flashing arrow boards will be required on all streets with four or more lanes as deemed necessary by the Engineer or Inspector.

5. All barricades shall be equipped with flashing warning lights and all traffic cones shall be no less than 28 inches in height except that shorter cones, 12 inches high of higher, may be used during striping maintenance operation where the only function of the cones is to protect the wet paint from traffic.

6. Contractor shall have exclusive control and responsibility for all flaggers at all times.

Properly trained and experienced flaggers shall be provided at all times when the Contractor’s operations encroach into the public right of way. Flaggers shall also be to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic at such time as necessary to safely pass the traffic through or around the work area, and when so directed by the City.

7. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, refurbished and/or replace, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be promptly returned or retorted to their proper position.

8. Contractor shall have exclusive control and responsibility for all signs and warning devices, and all trucks, equipment and materials at all times. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs and other regulatory, warning and constructions signs, markers and warning devices shall be maintained at all times.

No trucks or other equipment or materials shall be stopped, parked or otherwise placed from the view of vehicular and/or pedestrian traffic to which it applies.

9. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by Police officers, Fire officers, or at traffic signalized intersections or the aforementioned construction traffic signal.

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10.Contractor shall have exclusive control and responsibility for stockpile and/or storage areas at all times. Stockpiling and/or storage of materials on any public right of way or parking areas, or immediately adjacent to all such areas, will not be allowed without specific permission of the City.

Materials spilled along or on said right of way or parking area shall be removed completely and promptly. All stockpile and/or storage areas shall be kept in a safe, neat clean and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.

11.On projects involving work on, closure of or partial closure of existing streets and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged and scheduled that the persons requiring access to said abutting property and/or residents along said streets affected will be able to park within a reasonable distance of not more than 500 feet from their homes and/or destination; and in addition, no two (2) adjoining streets shall be closed at the same time, except as otherwise authorized by the City.

12.When work has been completed on a particular street or has been suspended or rescheduled and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions and unnecessary traffic control devices and equipment shall be promptly removed from the street, except as otherwise authorized or directed by the City Engineer. Temporary traffic striping shall be applied prior to opening any newly paved area to traffic. This includes lane and centerlines.

13.Should the Contractor be neglectful, negligent or refuse, fail or otherwise be unavailable to promptly, satisfactorily and fully comply with the provisions specified and referred to hereinabove, the City reserves the right to correct and/or mitigate any situation, which in the sole opinion of the Engineer constitutes a serious deficiency and/or serious case or non-compliance, by any means at its disposal at the Contractor and/or permittee’s expense, and in the case of a contract City project, to deduct the cost therefore from the Contractor’s progress and/or final payments. Such corrective actions taken by the City shall not reduce or abrogate the Contractor’s legal obligation and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liability from the Contractor to the City of the City’s agent.

14.Violations of any of the above provisions and/or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole director of the City, be grounds for termination of the Contract or shut down or partial shutdown of the work without compensation to the Contractor and/or permittee, or liability to the City, all as prescribed by contractual obligations or State law, whichever is applicable.

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15.Pedestrians - A minimum walkway of 48 inches in width must be maintained at all times for safe pedestrian passage through all parkway work areas. Crosswalks shall remain unobstructed at all times. Obstructions within the walkway areas shall be illuminated during the hours of darkness and marked with Type II barricades with flashing warning lights.

Where construction prohibits pedestrian access, alternate crossing areas shall be established with appropriate signing and other devices as required by the Engineer.

Pedestrian access facilities shall be provided through construction area within the right-of-way. Pedestrian walkways shall be provided with surfacing as required to maintain safe and accessible pathways. Surface shall be skid resistant and free of irregularities.

The Contractor shall keep the areas adjacent to the project site clear of any objects that may be hazardous to pedestrians and motorists. Provisions to reroute pedestrians, including the disabled, around the work area must be clearly delineated and maintained. If the Contractor’s operations require the closure of a walkway, then another walkway shall be provided nearby, off the traveled roadway, along the general path of travel.

16.Temporary Surfacing - Temporary A.C. paving shall be placed and maintained at locations determined by the Engineer wherever excavation is made through pavement, sidewalk or driveways.

To facilitate public access between the street and adjacent properties, the Contractor shall construct temporary A.C. walkways/driveways between new curbs and existing sidewalks/driveways, throughout the project limits.

The Contractor shall maintain the temporary surfacing throughout the duration of the project until permanent pavement has been restored.

17.Steel Plating - The Contractor shall furnish, install and maintain steel plates as necessary to obtain minimum lane requirements specified herein and/or to maintain access to private property.

Steel trench plates shall be employed to bridge across open excavations and newly poured concrete. The Contractor shall be responsible to ascertain the appropriate size and placement of the steel plates and other devices to support vehicular traffic loading across open excavations and newly poured concrete without sustaining damage to the new improvements.

All steel plates shall be textured for skid-resistance. Steel plates shall be secured in place with cleats to prevent their movement, sliding or shifting. The edges of steel plates shall be ramped with temporary surfacing.

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19. Pavement Transitions - The Contractor shall construct pavement transitions at all lateral and transverse join lines, created by trenching, base paving, temporary paving or any combination of each. A vertical drop-off or step between the lateral edges of the pavement under construction and the adjacent pavement shall not be permitted during non-working hours.

20. Driveways - Vehicular access to driveways shall be maintained at all times, except when necessary construction precludes such access for temporary periods, as follows:

Special attention is directed to constructing the stamped colored concrete driveways.

The Contractor shall evaluate all existing businesses as well as their driveways (number and width), and develop a construction staging/sequencing plan to ensure that two-way access to adjacent businesses are maintained to extent possible. The plan shall be submitted to the City Engineer for review and approval at least five working days prior to commencement of work.

Subject to the approval of the City Engineer, driveways may be closed for a maximum of 3 days during the forming, pouring and curing of PCC curb, gutter and driveway approaches (including decorative colored concrete), provided that alternate two-way (ingress/egress) driveway(s) is available. Subject to the approval of the City Engineer, one half of a driveway may be closed for a maximum of 3 days during the forming, pouring and curing of PCC curb, gutter and driveway approaches (including decorative colored concrete), provided that sufficient driveway width remains available to accommodate ingress/egress access to adjacent business(s) in a safe and orderly fashion.

Driveway approaches shall be poured within 48 hours of the adjacent curb and gutter.

Curb and gutter shall be poured within 24 hours from the time access is blocked by formwork.

Driveway approaches shall cure for three days before being reopened to vehicular access.

Driveways shall not be closed over weekends, except for curing of concrete.

Driveways closed due to placement of bituminous pavement shall be reopened as the new pavement has cooled sufficiently to carry the traffic without damage.

The Contractor shall notify all residents and businesses at least 72 hours in advance of driveway closure.

During the time driveways are closed, a minimum of two Type II barricades with flashing warning lights shall be used to affect the closure.

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Driveways shall be kept open at all other times, and if necessary, temporary A.C. ramps and/or steel plates shall be provided.

21. Parking - On-street parking may be restricted within the project limits. Temporary “NO PARKING – TOW AWAY” signs shall be provided and posted by the Contractor not less than forty-eight (48) hours in advance of the start of construction.

22. Street Lighting – The Contractor shall maintain illumination of the traveled roadway after the hours of darkness throughout the duration of the project, as follows:

The street lighting system shall be installed and removed in phases such that not less than one-half of the street lights are operable each evening.

A minimum illumination level of 0.4 foot-candle with a 6:1 uniformity ratio shall be provided, unless otherwise approved by the Engineer.

23. Lane Closures - The Contractor shall comply with the following general lane closure requirements:

Flashing Arrow Signs (sequential arrow boards) shall be utilized for all closures of through travel lanes on major roads and all signalized cross streets, as designated by the Engineer.

Left turns shall be maintained at all times to the fullest extent possible. Under extenuating circumstances and when permitted by the Engineer, left turn lanes may be closed with R-17, “NO LEFT TURN,” signs placed both at the beginning and end of each left turn lane closed.

Right turns shall be maintained at all times to the fullest extent possible. When permitted by the Engineer, right-turn lanes may be closed with R-16, “NO RIGHT TURN,” signs placed both at the beginning and end of each right turn lane closed.

To allow for equipment movement and cleanup during various construction operations, momentary stoppage of traffic and turn movements will be permitted, using flagging procedures.

24. Road Closures – Road closures shall be prohibited.

25. Temporary Striping – The Contractor shall provide temporary traffic restriping at the conclusion of any working day for any centerline or lane line which is obliterated by construction.

26. Shutdowns - Traffic signal shutdowns shall be restricted to two hours maximum during one 24-hour period, unless otherwise approved by the Engineer.

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Where traffic signal shutdowns are required, the Contractor shall furnish and install temporary stop signs for each travel lane at 24”x24” in size securely mounted and placed in clear view to all approaching traffic. See Traffic Signal specification section, “Maintaining Existing and Temporary Electrical Systems.” The presence of two uniform police officers to direct traffic during shutdown period is required during any peak hour work and as directed by the engineer. All related expenses and wages of the police officers shall be borne by the Contractor.

The Contractor shall provide the Engineer five (5) working days advance notice prior to any traffic signal shutdown for the purpose of scheduling police traffic control. All shutdowns shall be scheduled pursuant to Section 86-1.06 of the Caltrans Standard Specifications. No signal shutdowns will be allowed on Fridays.

27. Emergency Response - The Contractor shall provide the Engineer with names and telephone numbers of at least three people responsible for emergency service response. Upon notification, Contractor shall respond to City emergency requests.

In the event these people do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be held liable for any costs incurred. A $400/hour at 4 hours minimum will be charged to the Contractor.

A. During Working Hours:

In case of an emergency that threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Engineer of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency.

Compensation, if allowed, will be paid for as extra work.

B. Outside of Working Hours:

Whenever, in the opinion of the City, there relocate, and maintain warning devices and shall furnish the shall arise outside of the regular working hours on the Contract work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Engineer of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as extra work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such

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emergency work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract documents. The performance of emergency work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract.

Full compensation for compliance with the provisions specified and referred to hereinabove and per Subsection 00 72 05.4 of the General Conditions shall be considered as included in the Contract bid price for Bid Item “Traffic Control and Safety”, and no additional compensation will be allowed therefor.

6.0 "RECORD DRAWINGS"
In accordance with Subsection 00 72 05.24 of the General Conditions, the Contractor shall maintain, on the job site, a set of full-size reproducible contract drawings, or a set of full-size blueline or blackline prints incorporating information from the signed plan drawings.

7.0 PLANS AND STANDARD DRAWINGS
The standard drawings that apply to this contract and shall be considered as part of the plans included in these Special Provisions are listed in Appendices.

8.0 PROTECTION OF UTILITIES AND EXISTING IMPROVEMENTS

8.1 - UTILITIES

COMMUNICATION AND CONTROL CABLES CONNECTED WITH THE OPERATION OF

THE STATE WATER PROJECT (SWP) ARE BURIED ALONG EITHER OR BOTH SIDES

OF THE AQUEDUCT/PIPELINE WITHIN DEPARTMENT OF WATER RESOURCES RIGHT OF WAY, AS APPROXIMATELY DEPICTED ON THIS DRAWING. PRIOR TO ANY

EXCAVATION IN THIS AREA, THE CABLE(S) SHALL BE LOCATED AND EXPOSED BY

POTHOLING IN THE PRESENCE OF A DEPARTMENT OF WATER RESOURCES FIELD DIVISION REPRESENTATIVE. CALL DWR SOUTHERN FIELD DIVISION (661) 944- 8600 AT LEAST SEVEN (7) DAYS IN ADVANCE FOR AN APPOINTMENT. ALL EXCAVATIONS WITHIN THREE (3) FEET OF THE CABLE(S) SHALL BE DONE USING HAND-HELD TOOLS ONLY.

The Contractor shall verify the existence and location of any underground utility pipes or structures that may be affected during the course of work. The Contractor will take due precautionary measures to protect the utilities shown and other utilities or structures not shown on the plans that might be discovered during the process of the job.

The Contractor shall determine the exact location of all utilities prior to beginning construction of the Contract Work which have potential conflicts with underground

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utilities. If conflicts are discovered, the Contractor shall notify the Engineer immediately.

In the event that a water service is damaged, the Contractor shall notify Water Operations and the Engineering Division immediately. The Contractor shall also arrange for the immediate repair of the water service by a licensed plumbing contractor, at no cost to the City. In certain circumstances, the Contractor may encounter water services that are entangled in roots. In these circumstances, it may be necessary to replace the water service. Qualified personnel shall make all such replacements. In order to receive compensation for this repair, the City Landscape Inspector shall be contacted prior to any further root removals.

In certain circumstances, the Contractor may encounter water services that are entangled in roots. In these circumstances, it may be necessary to replace the water service. Qualified personnel shall make all such replacements. In order to receive compensation for this repair, the City Landscape Inspector shall be contacted prior to any further root removals.

8.2 – EXISTING IMPROVEMENTS.

All existing improvements (except street pavement removal shown on the plans) including, but not limited to AC pavement, curbs, gutters, cross gutters, spandrels, driveways and driveway approaches, ADA bypass and sidewalks, walls, fences, sprinkler systems, lawns, shrubs, trees, and traffic signs, traffic striping and traffic detector loops, which are damaged or removed during the course of construction of the Project, shall be restored or replaced to a condition equal to or better than, in all respects, the existing improvements removed or damaged, unless otherwise specified or noted on the Plans.

The Contractor shall protect the existing signing and striping, CMU block walls, curb, gutter, sidewalk and AC pavement in place, unless otherwise specified on the plans.

Care shall be taken by the Contractor not to disturb these existing improvements during excavation and boring operations for installation of irrigation sleeves, mainlines, and laterals.

The removal and restoration of existing improvements shall be in accordance with the applicable provision of these Special Provisions, the Standard Specifications, Standard Drawings and the following requirements:

1. In the event a portion of curb, gutter or monolithic curb and gutter is damaged by the Contractor’s operations, a minimum of 10 feet of curb, gutter or curb and gutter shall be removed and replaced regardless of how short a length is damaged. The Contractor shall begin said 10-foot section, if possible, at an existing joint or scoring line. If said 10-foot section ends within 3 feet of an existing joint or scoring line, then the removal shall extend to said joint or scoring line.

2. If concrete cross gutter is damaged by the Contractor’s operations, the cross gutter shall be removed in its entirety and replaced.

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3. Concrete sidewalk, where noted on the plans, shall be removed in its entirety between scoring lines or between scoring line and joint. Prior to removal, scoring lines shall be saw-cut.

4. If a concrete driveway is damaged and is a single monolithic structure, it shall be removed in its entirety and replaced.

5. If a concrete driveway is damaged and is monolithic with the sidewalk, it shall be set off from the sidewalk by a saw cut along the edge of the sidewalk. The driveway shall then be removed in its entirety and replaced.

6. If the roadside signs are damaged during the construction, they shall be restored or replaced to a condition equal or better than the existing per the prior approval of the City’s Traffic Section. New installation shall not impede into required ADA access distance around obstacles. A minimum clearance of 48” shall be maintained.

7. If existing fence is in conflict with the new construction, fence shall be relocated by the Contractor.

8. Removal, salvage and reinstallation, of existing signs and posts, mailboxes and other surface culture, as directed by the Engineer. Unless otherwise specified, all excess excavation or removed material shall become the property of the Contractor and shall be disposed of by him away from the site of work.

8.3 - Payment
Payment for protection of utilities and existing improvements shall be considered to be included in other items of work and no additional compensation will be allowed.

9.0 FINAL CLEANUP
Upon completion of the proposed construction activities, the condition of the DWR features identified prior to construction, shall be jointly re-inspected. Contractor shall be liable for all costs associated with restoring these features to pre-construction conditions.

Prior to final acceptance, the Contractor shall restore the entire project site to a condition equal or better than the pre-construction condition as evidenced by film, notes, sketches and other construction records.

Clean up and dust control shall conform to the Standard Specifications. During execution of work, the Contractor shall clean the site, adjacent properties, and public access roads, and dispose of waste materials, debris, and rubbish to assure that all affected properties are maintained free from accumulations of water, materials and rubbish. Contractor shall provide for collection and for disposal of waste materials, spoils, debris, and rubbish.

Contractor shall cover all loads of excavated material leaving the site or of material being

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imported, to prevent excessive dust from being created.

10.0 PERMITS
The Contractor shall obtain a no-fee Construction Permit and a no-fee Street Traffic Control Plan Permit from the City. The City obtained an encroachment permit from DWR, as a portion of the project area is located with DWR right-of-way, as shown on the plans. The project work is in close proximity to DWR’s 108” Santa Ana Pipeline (108” SAPL) and MCI/Verizon Fiber Optic communication line serving the SAPL. The contractor shall conform to the DWR encroachment permit requirements and conditions. See the approved DWR encroachment permit attached at the end of these specifications.

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CONSTRUCTION BID ITEM DESCRIPTIONS
Each respective bid item and bid schedule as shown on the proposal form shall comply with all respective sections of the most current edition of Standard Specifications for Public Works Construction (Green Book), its supplements, and any other publications as specified.

If there is a conflict between these inclusions and the Standard Specifications, these inclusions shall have precedence.

BID ITEM 1: MOBILIZATION, DEMOBILIZATION, INSURANCE, BONDS, PERMITS, AND MISCELLANEOUS. FURNISH AND INSTALL 4’ X 8’ PROJECT SIGN.

This bid item shall comply with the requirements of Section 7-3.4, "Mobilization", of the Standard Specifications.

Mobilization may include, but not be limited to, the following principal items:

1. Submittal and modification, as required, of the Construction Schedule.

3. Review of the Site.

4. Obtaining all required no-fee permits from the City of San Bernardino, and other miscellaneous permits.

5. Submittal of all required insurance certificates and bonds as required by these Specifications

6. Moving onto the site, including, but not limited to:

A. Equipment
B. Arranging for and erection of Contractor’s work and storage areas.

7. Installing construction fencing and temporary construction power and wiring.

8. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site. Facilities may include existing functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet (as required).

9. Installing all temporary utilities (as required).

10. Establishing required fire protection provisions.

11. Posting all OSHA required notices and establishment of safety programs.

12. Posting of all Department of Labor notices.

13. Having the Contractor’s superintendent at the job site full-time and responding 24 hours per day.

14. Air and water quality protective measures, as necessary, and without limitation.

15. Verifying site conditions and existing utility locations.

16.Adhere to DWR Encroachment Permit Requirements (Permit Obtained By City): In addition to the Encroachment Permit conditions and DWR notes on the Project Plans, the Contractor must adhere to the following DWR requirements:
a) Pursuant to Regulations §610.1(d)(1), type and weight of the construction equipment and the crossing location(s) over the SWP pipeline shall be submitted for review and approval by DWR.
b) Pursuant to Regulations §610.9(b), a project schedule outlining the anticipated duration of the project shall be submitted to DWR for review and approval at least seven (7) calendar days prior to start of the project.

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c) The Contractor shall contact USA Dig Alert prior to the start of construction to locate lifeline cables, fiber optic cables, and any other utilities in the area.
d) Communication and control cables connected with the operation of the state water project are buried along either or both sides of the aqueduct/pipeline within DWR right of way, as approximately depicted in the construction plans. Prior to any excavation in this area, the cable(s) shall be located and exposed by potholing in the presence of a DWR field division representative. This bid item assumes 1 pothole will be required for the existing Verizon/MCI Fiber Optic crossing under the proposed 3” pressurized waterline at DWR Sta 295+72. Call (661) 944-8600 at least seven (7) days in advance for an appointment. All excavations within three (3) feet of the cable(s) shall be done using handheld tools only.
e) Contractor shall not impede DWR’s ability to enter/exit the DWR driveways and access roads on either side of University Parkway. If access must be temporarily impeded, City and/or Contractor shall coordinate with the Southern Field Division at minimum seven (7) working days prior to impeding the access. The Southern Field Division phone number is (661) 944-8600.
f) If requested by DWR’s Southern Field Division, Contractor shall provide traffic control crews during the project construction period for the safety of DWR personnel performing scheduled maintenance activities in the area.

17. Furnishing materials and installation of Project Sign in accordance with Section 4 of these Special Provisions and as directed by the Engineer.

18. Demobilization of the Site.

19. Any other item as specified.

The cost of bonds, insurance, move in and move out costs, preparation and submission of submittals, obtaining encroachment permits, and miscellaneous incidental costs, shall be included in the Bid Item provided for mobilization and demobilization and incidental project costs as a lump sum item, for which 75 percent (75%) will be eligible for inclusion in the first progress payment, with the remaining 25 percent (25%) not eligible for inclusion until 100 percent (100%) of the work has been completed and if progress of the work is satisfactory.

No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Engineer to stop all work on the project until the requirements are met.

Payment for this bid item shall be paid per lump Sum (LS) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in Mobilization per project plans and specifications; no additional compensation will be allowed.

BID ITEM 2: TRAFFIC CONTROL AND SAFETY:

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This bid item shall include all traffic control operations and devices proposed for use on this project shall conform to the latest edition of the 2014 CAMUTCD, and Subsections 00 72

05.4 and 00 72 05.5 of the General Conditions and Section 5 of the Special Provisions as contained herein.

Work under this section shall include, but not be limited to, traffic control and additional control as specified by the City of San Bernardino including temporary traffic light signals, barricades, flaggers (flagmen), portable delineators, traffic cones, signs, portable flashing beacons, channelizers, temporary railing (Type K), and crash barriers. The Contractor shall utilize solar powered equipment as much as possible to maintain the control existing traffic.

Battery operated equipment shall be utilized for nighttime operations.

Full compensation for furnishing, installing, modifying, moving and removing signs, lights, flares, barricades, furnishing, providing and modifying a traffic control plan to meet Contractor’s operations, and any adjustments thereto, traffic control devices, all as necessary to expedite passage of public and pedestrian traffic through the work areas, shall be considered as included in the Contract Lump Sum (LS) bid price paid for “TRAFFIC CONTROL AND SAFETY,” per Bid Schedule, and no additional compensation will be allowed therefor.

Payment for this bid item shall be paid per Lump Sum and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in Traffic Control per project plans and specifications; no additional compensation will be allowed.

BID ITEM 3: STORMWATER POLLUTION PREVENTION PLAN AND BMPS:

The contractor is required to prepare and comply with a Storm Water Pollution Prevention Plan per Section 3-12.6 “Water Pollution Control” of the Standard Specifications, Section 00 72 05.10 of the General Conditions, and the following provisions:

The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor’s failure to comply with the requirements set forth in this section, including but not limited to, compliance with the applicable provisions of the Standard Specifications, Greenbook, permits and federal, state and local regulations. For the purposes of this paragraph, costs and liabilities include, but are not limited to, fines, penalties and damages whether assessed against the City or the Contractor, including those levied under the Federal Clean Water Act and the Porter Cologne Water Quality Act.

The Contractor shall ensure that all applicable employees and Subcontractors’ employees are provided the required training per the current General Construction Activity Permit.

Failure to provide the required training is a violation of the General Construction Activity Permit for each day of which such failure occurs, and shall in addition, be a breach of the Contract with the City. Contractor understands and agrees that NPDES Permit violations are grounds for enforcement action by the US Environmental Protection Agency, the Regional Water Quality Control Board, and the City, and may result in permit termination

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(stop work order), civil and criminal fines, and termination of the Contract. By submitting a Bid, the Contractor certifies to the City that the Contractor has trained its employees and Subcontractors’ employees, if any, for Stormwater Pollution Prevention and has included sufficient sums in the base bid price to cover such costs of said training.

The Contractor shall allow authorized agents of the City, State or Regional Water Quality Control Board, U.S. Environmental Protection Agency, United States Corps of Engineers and local storm water/urban runoff management agency, upon the presentation of credentials and other documents as may be required by law, to:
1) Enter upon the construction site and the Contractor’s facilities pertinent to the work;
2) Have access to review any records that must be kept as specified in the Permits; 3) Inspect the construction site and related soil stabilization practices and sediment control measures; and
4) Sample or monitor for the purpose of ensuring compliance with the Permits. The Contractor shall notify the Engineer immediately upon request from regulatory agencies to enter, inspect, sample, monitor or otherwise access the Project site or the Contractor’s records.

The Contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City for review and approval. The SWPPP shall meet all state and federal requirements and include the following:

1. Show the work site, staging area and access from paved roads

2. Show the location of disturbed soil areas, water bodies, and water conveyances

3. Describe the work involved in the installation, maintenance, repair, and removal of temporary water pollution control practices

4. Show the locations and types of water pollution control practices that will be used for:

4.1.1.Stormwater and non-stormwater in areas outside the job site but related to work activities, including:

4.1.2.Staging areas

4.1.3.Storage yards

4.1.4.Access roads

4.2. Activities or mobile activities related to all NPDES permits

4.3. Contractor-support facilities

5. Show the locations and types of temporary water pollution control practices that will be used in the work for each construction phase.

6. Show the locations and types of water pollution control practices that will be installed permanently under the Contract.

7. Include a schedule showing when:

7.1. Work activities will be performed that could cause the discharge of pollutants into stormwater

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7.2. Water pollution control practices associated with each construction phase will be implemented

7.3. Soil stabilization and sediment control practices for disturbed soil areas will be implemented

8. Include a copy of permits obtained by the Department, including California Department of Fish and Wildlife (“CDFW”) permits, US Army Corps of Engineers permits, RWQCB 401 certifications, aerially deposited lead variance from the Department of Toxic Substance Control, aerially deposited lead variance notification, and RWQCB waste discharge requirements for aerially deposited lead reuse.

Full compensation for complying with the conditions of this section including furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work as described herein, and as directed by the Engineer, or his or her authorized representative, shall be considered as included in the lump sum contract price paid for “STORMWATER POLLUTION PREVENTION PLAN AND BMPS” and no additional compensation will be allowed therefore.

BID ITEM 4: CLEARING, GRUBBING, UNCLASSIFIED EXCAVATION AND UNCLASSIFIED FILL:

This bid item shall comply with Section 300-1, "Clearing and Grubbing", Section 300-2, "Unclassified Excavation", and Section 300-4, "Unclassified Fill", respectively, of the Standard Specifications and these Special Provisions.

Clearing and grubbing shall consist of removing all vegetation and specified materials from the demolition limits of the project and other such areas as may be shown in the documents.

This work shall be performed in accordance with the requirements herein specified, subject to erosion control requirements. The area shall be cleared of all vegetation, such as palms; trees; logs; stumps; bushes; hedges; roots, up to 12" below the existing ground surface; brush; grass; weeds; concrete blocks, parkway concrete, mulch and all other objectionable materials within the construction limits shown on the plans.

SEVEN (7) DAY ADVANCE NOTIFICATION IS REQUIRED PRIOR TO STARTING WORK WITHIN THE DEPARTMENT OF WATER RESOURCES (DWR) RIGHT OF WAY.

CONTACT THE DEPARTMENT OF WATER RESOURCES, DIVISION OF

ENGINEERING, ENCROACHMENT PERMIT SECTION, SACRAMENTO, CALIFORNIA AT (800) 600-4397. THE DWR SOUTHERN FIELD DIVISION SHALL BE SIMULTANEOUSLY NOTIFIED AT (661) 944-8600 BY THE PERMITTEE.

COMMUNICATION AND CONTROL CABLES CONNECTED WITH THE OPERATION OF

THE STATE WATER PROJECT ARE BURIED ALONG EITHER OR BOTH SIDES OF THE

AQUEDUCT/PIPELINE WITHIN DWR RIGHT OF WAY, AS APPROXIMATELY DEPICTED ON THIS PLAN. PRIOR TO ANY EXCAVATION IN THIS AREA, THE CABLE(S) SHALL BE

LOCATED AND EXPOSED BY POTHOLING IN THE PRESENCE OF A DWR FIELD DIVISION REPRESENTATIVE. CALL (661) 944-8600 AT LEAST SEVEN (7) DAYS IN

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ADVANCE FOR AN APPOINTMENT. ALL EXCAVATIONS WITHIN THREE (3) FEET OF THE CABLE(S) SHALL BE DONE USING HANDHELD TOOLS ONLY.

TRENCH EXCAVATION SHALL COMPLY WITH THE MOST CURRENT OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS. TRENCH BACKFILL SHALL BE PLACED IN NO GREATER THAN 4- INCH LIFTS IF HAND COMPACTED OR NO GREATER THAN 8-INCH LIFTS IF POWER COMPACTED. TRENCH BACKFILL WITHIN DWR’S RIGHT OF WAY SHALL BE COMPACTED TO NINETY-FIVE (95) PERCENT RELATIVE COMPACTION (ASTM D1557-12)
Clearing and grubbing shall include, but not be limited to the following items as shown on the Plans, as specified in these Special Provisions, or as directed by the Engineer.

The following items shall be classified as clearing, grubbing, unclassified excavation and unclassified fill:

1. Removal and replacement or removal, capping and disposal, of removed landscape irrigation work where encountered and as directed by the Engineer.

2. Removal and disposal of interfering portions of trees, cobbles, boulders, tree roots, shrubs, plants and turf or other local features that interfere with the prosecution of the work, as directed by the Engineer.

3. Removal in full or in part existing Asphalt Concrete (AC), base material, AC berms per project plans and specifications, including saw cutting, and as directed by the Engineer.

4. Removal and cleanup of project area trash during the course of the project including street sweeping if necessary.

5. All excess excavation material, trees and plants, debris, interfering portions of curb, gutters, asphalt and PCC concrete pavements and sidewalks (including base, where applicable), and miscellaneous items as shown on the Plans.

Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 5-7, “Safety”, of the Standard Specifications.

All removed concrete, AC and other materials, not specifically requested to be salvaged, shall become the property of the Contractor and shall be legally disposed of outside of the right-of-way in accordance with Section 300-2.2, "Unsuitable Materials", and Section 300-

2.6, "Surplus Material", of the Standard Specifications.

The Contractor shall deliver salvaged material to the CITY YARD, at 234 South Mountain View Avenue, San Bernardino, CA 92404. The Contractor shall contact the Engineer at (909) 384-5166, 48 hours prior to hauling. The Contractor shall provide equipment, as required, to safely load and unload the salvaged materials.

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Where unclassified fill is necessary in preparation for laying concrete, it shall be made with clean material which shall be solidly compacted to avoid future settlement.

Backfill under the traveled way shall be compacted to a relative compaction of a minimum of 95%. When asphalt pavement is to be placed directly on subgrade material, subgrade material shall be compacted to a relative compaction of 95%.

The contract bid price paid for "CLEARING AND GRUBBING, UNCLASSIFIED EXCAVATION, AND UNCLASSIFIED FILL", shall be considered as full compensation for providing all the tools and equipment and for doing all the work stated herein, per the Plans, the Standard Specifications, these Special Provisions, and as directed by the Engineer, and shall be considered as included in the various items of work involved and no additional compensation will be allowed therefor.

The costs for compaction testing ordered by the Engineer shall be paid for in the following manner:

1. Tests which do not meet the required relative compaction shall be paid for by the Contractor, as a deduction from his contract. CONTRACTOR shall pay the price at the same rate that the CITY is charged by the Soils Testing Lab.

1. Tests which do meet the required relative compaction will be paid for by the CITY.

Payment for this bid item shall be paid per Lump Sum and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 5: REMOVE EXISTING AC PAVEMENT
This bid items shall conform to the provisions in Section 300-2 “UNCLASSIFIED EXCAVATION”, of the Standard Specifications and these Special Provisions. This item of work shall include cold planing, sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing bituminous pavement material, aggregate base, and/or subgrade to the depth indicated on the plans or as directed by the Engineer.

The areas and quantities shown on the plans or specifications are given only for the Contractor's aid in planning the work and/or preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedence over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer.

All work within three (3) feet of the DWR pipeline and the cable(s) shall be done using hand-held tools only. The Contractor shall contact:

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a) Underground Service Alert regional notification center at 811 or (800) 422- 4133 at least two (2) days in advance.
b) DWR for the location(s) of the pipeline and the communication and control cables. Contact Southern Field Division at (661) 944-8600. c) MCI Telecommunications Corporation at (800) 624-9675 for information regarding the location of the communication and control cables.

The presence of a DWR inspector will be required throughout the excavation process.

Contractor shall coordinate with the City to contact the Southern Field Division Office at (661) 944-8501 for a Temporary Entry Agreement and an appointment to perform the exposure of the pipeline and the cable(s).

Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract Cubic Yard (CY) bid price paid for “REMOVE EXISTING AC PAVEMENT,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 6: REMOVE EXISTING PCC
This bid item shall conform to the provisions in Section 300-2 “UNCLASSIFIED EXCAVATION”, of the Standard Specifications and these Special Provisions. This item of work shall include sawcutting, excavating, loading, stockpiling, hauling, and disposing of existing PCC material, aggregate base, and/or subgrade to the depth indicated on the plans or as directed by the Engineer.

All work within three (3) feet of the DWR pipeline and the cable(s) shall be done using hand-held tools only. The Contractor shall contact:
a) Underground Service Alert regional notification center at 811 or (800) 422- 4133 at least two (2) days in advance.
b) DWR for the location(s) of the pipeline and the communication and control cables. Contact Southern Field Division at (661) 944-8600. c) MCI Telecommunications Corporation at (800) 624-9675 for information regarding the location of the communication and control cables.

The presence of a DWR inspector will be required throughout the excavation process.

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Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract SQUARE FOOT (SF) bid price paid for “REMOVE EXISTING PCC,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 7: CONSTRUCT HMA PAVEMENT
This bid item shall conform to the provisions in Subsections 203-6 “ASPHALT CONCRETE” and 302-5 “ASPHALT CONCRETE PAVEMENT”, of the Standard Specifications and these Special Provisions. This item of work shall include paving, rolling, and compacting the asphalt concrete complete in place, maintenance and protection of pavement, warranty period, disposing and hauling of planed material and applying tack coat(s) to all edges and between layers of existing and new asphalt concrete, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

The viscosity grade of paving asphalt binder shall be PG 70-10. The following aggregate gradations and asphalt section thickness shall be used:

Asphalt Base Course - Class B 3/4" Max. Medium – 4” Total Thickness Finish Course - Class C2 1/2" Max. Medium – 2” Total Thickness The Contractor shall submit final asphalt mix designs to the Agency for review prior to paving.

No roller shall be permitted to stand motionless on any portion of the work before it has been properly compacted. Upon completion, the pavement shall be true to grade and cross- section. When a 10-foot straightedge is laid on the finished surface, the surface shall not vary from the edge of the straightedge more than ¼-inch.

Prior to paving over existing asphalt concrete, the surface shall be cleaned and the surface shall have a tack coat of SS-1h emulsion at a rate of 0.10 gallon per square yard applied.

The surface shall be free of water, foreign material, or dust, when the tact coat is applied.

To minimize public inconvenience, no greater area shall be treated in any one day than is planned to be covered by asphalt concrete during the same day unless otherwise authorized by the Engineer.

A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course.

The Contractor shall furnish an unqualified warrantee stating, in writing, that he will, at no additional cost to the City, repair or replace all bituminous pavement and aggregate base in any areas that become defective within a period of one year after completion and acceptance of the work by the City.

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Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract TON bid price paid for “CONSTRUCT HMA PAVEMENT,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 8: CONSTRUCT AGGREGATE BASE
This bid item shall be Class II Aggregate Base or Crushed Aggregate Base and shall conform to the provisions in Subsections 200-2 “UNTREATED BASE MATERIALS” and 301-2 “UNTREATED BASE”, of the Standard Specifications and these Special Provisions.

This item of work shall include spreading, rolling, and compacting the material complete in place to specified relative compaction as specified in the Standard Specifications, disposing and hauling of excess material, as specified on the plans and these special provisions, and as directed by the Engineer.

Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract TON bid price paid for “CONSTRUCT AGGREGATE BASE,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 9: CONSTRUCT CASE “A” PCC SIDEWALK PER CITY STD PLAN 200 This bid item shall conform to the provisions in Sections 201 “CONCRETE, MORTAR AND RELATED MATERIALS” and 303 “CONCRETE AND MASONRY
CONSTRUCTION”, of the Standard Specifications and these Special Provisions. This item of work shall include placing formwork and stakes to the specified elevations and grades, placing of reinforcement, placing concrete, grouting, jointing, finishing, and sealing, removing formwork, and hauling and disposing of excess material, as specified on the plans, Standard Specifications, and these special provisions, and as directed by the Engineer.

Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract CY (CY) bid price paid for “CONSTRUCT CASE “A” PCC SIDEWALK PER CITY STD PLAN 200,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 10: CONSTRUCT 8” TYPE “A” PCC CURB PER CITY STD PLAN 200 BID ITEM 11: CONSTRUCT 6” MOW CURB PER DETAIL ON SHEET 21 These bid items shall conform to the provisions in Sections 201 “CONCRETE, MORTAR AND RELATED MATERIALS” and 303 “CONCRETE AND MASONRY
CONSTRUCTION”, of the Standard Specifications and these Special Provisions. This item of work shall include placing formwork and stakes to the specified elevations and grades, placing of reinforcement, placing concrete, grouting, jointing, finishing, and sealing, removing formwork, and hauling and disposing of excess material, as specified on the plans, Standard Specifications, and these special provisions, and as directed by the Engineer.

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Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract LINEAR FOOT (LF) bid price paid for “CONSTRUCT 8” TYPE “A” PCC CURB PER CITY STD PLAN 200,” per Bid Schedule and no additional compensation will be allowed therefore.

Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract LINEAR FOOT (LF) bid price paid for “CONSTRUCT 6” MOW CURB PER DETAIL ON SHEET 21,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 12: FURNISH AND INSTALL 2” WATER SERVICE AND METER PER SBMWD STD DWG NO. W1.2
This bid item shall conform to the provisions in Section 306 “OPEN TRENCH CONDUIT CONSTRUCTION” of the Standard Specifications, San Bernardino Municipal Water Department Std Dwg Nos. W1.2, W5.1, and W5.1A and these Special Provisions. This item of work shall include water service connection to an existing water main, trenching, excavation, compacting, installation of service lateral and meter, backfill and hauling and disposing of excess material, as specified on the plans, Standard Specifications, Standard Drawings, and these special provisions, and as directed by the Engineer. Work related to AC pavement removal and reconstruction shall be included in other respective bid items.

Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract LUMP SUM (LS) bid price paid for “FURNISH AND INSTALL 2” WATER SERVICE AND METER PER SBMWD STD DWG NO. W1.2,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 13: 3” DECOMPOSED GRANITE MAINTENANCE BAND OVER 95% COMPACTED SUBGRADE:

This bid item shall include importing DG material approved by the Engineer, compaction of subgrade to 95% relative compaction, placing, fine grading, compacting, and hauling and disposing of excess material, as specified on the plans, Standard Specifications, and these special provisions, and as directed by the Engineer. This bid item includes but is not limited to Sections 32 15 40, 32 84 00 and 32 90 00.

Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract CUBIC YARD (CY) bid price paid for “3” DECOMPOSED GRANITE MAINTENANCE BAND OVER 95% COMPACTED SUBGRADE,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 14: CONSTRUCT REDWOOD HEADER:

This bid item shall include layout and placement of 2x4 nominal dimension redwood

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header boards, installation of anchor stakes, and any earthwork, fine grading, hauling and disposing of excess material, as specified on the plans, Standard Specifications, and these special provisions, and as directed by the Engineer. This bid item includes but is not limited to provisions of Sections 204-1 and 302-5.5 of the Standard Specifications.

Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract LINEAR FOOT (LF) bid price paid for “CONSTRUCT REDWOOD HEADER,” per Bid Schedule and no additional compensation will be allowed therefore.

BID ITEM 15: IRRIGATION POC
Irrigation POC up to the point of Teeing into the Mainline. This shall include connections to the meter, backflow preventer and enclosure, master valve, and flow sensor as well as all required equipment and accessories per the plans and details.

The contractor shall refer to Irrigation Plans for installation details. The Contract lump sum price shall include full compensation for furnishing of all labor materials, tools, equipment, and incidentals including, but not limited to: point of connection backflow protection, valves, sensors, trenching, excavation, backfill, testing/ certifying and for doing all work involved for a POC as shown on the plans, as specified in these technical specifications, and as directed by the Engineer. This bid item includes but is not limited to section 32 84 00.

Payment for this bid item shall be paid per Lump Sum and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 16: IRRIGATION SYSTEM CONTROL AND SOLAR POWER SYSTEM Irrigation system control and Solar power system shall include the specified Controller, enclosure, solar power system, wiring, grounding, connections, connectors, and certification as well as all required equipment and accessories per the plans and details.

The contractor shall refer to Irrigation Plans and Specifications for installation equipment and details. The Contract lump sum price shall include full compensation for furnishing of all labor materials, tools, equipment, and incidentals including, but not limited to: purchase, installation, testing, certification, programing, wire runs, connections to system equipment, trenching, excavation, backfill, and for doing all work involved as shown on the plans, as specified in these technical specifications, and as directed by the Engineer. This bid item includes but is not limited to section 32 84 00.

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Payment for this bid item shall be paid per Lump Sum and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 17: TRENCHING, SLEEVING, FOR MAINLINE AND COMMUNICATION

WIRING UNDER EXISTING IMPROVEMENTS
Irrigation trenching and sleeving under existing improvements shall include all trenching, sleeving, and installation of irrigation facilities under existing facilities per the plans and specifications. This shall include all work downstream of the POC including installation of pipe, wire, and sleeves under existing streets, walks, and retaining walls, excavation, backfill, thrust blocks, pressure testing, pot holing of existing utilities for location verification, spoils removal and disposal as well as all required equipment and accessories per the plans and details.

The contractor shall refer to Irrigation Plans and Specifications for installation details.

The Contract lump sum price shall include full compensation for furnishing of all labor materials, tools, equipment, and incidentals including, but not limited to: trenching, excavation, trench shoring if required, jacking, boring, piping, wire, sleeves, backfill, compaction and for doing all work involved for trenching and sleeving as shown on the plans, as specified in these technical specifications, and as directed by the Engineer. This bid item includes but is not limited to section 32 84 00.

Payment for this bid item shall be paid per Lump Sum and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 18: IRRIGATION DISTRIBUTION AND APPLICATION IMPROVEMENTS Irrigation distribution and Application improvements shall include all equipment required downstream of the POC for the control and application of irrigation water on the site. This shall include mainline, valves, lateral lines, fittings, drip tubing, drip emitters, heads, air relief valves, flush valves, valve boxes, tags, and all ancillary equipment and hardware per the plans and specifications for a complete and total irrigation system.

The contractor shall refer to Irrigation Plans and Specifications for installation details and requirements. The Contract Square Foot price shall include full compensation for furnishing of all labor materials, tools, equipment, and incidentals including, but not limited to: layout, piping, valves, trenching, excavation, backfill, valve installation, head installation, drip installation, labeling, tagging, head adjustment, fine tuning and for doing all work involved for a complete water irrigation system as shown on the plans, as specified in these technical specifications, and as directed by the Engineer.

This bid item includes but is not limited to section 32 84 00.

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Payment for this bid item shall be paid per Square Foot and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 19: WEED AND PEST CONTROL MEASURES
Weed and pest control measures shall include all work to successfully reduce any weed or pest numbers to less than 1% of the overall site. This shall include all required work and materials per the plans and specifications.

The contractor shall refer to Plans and Specifications for requirements and details. The Contract Lump Sum price shall include full compensation for furnishing of all labor materials, tools, equipment, and incidentals including, but not limited to watering all areas, additional and or hand watering of drip areas for full coverage, chemical applications, weed removal, and all other actions required by section 32 90 00 3.02 Weed and Pest Control, and as directed by the Engineer. This bid item includes but is not limited to section 32 90 00.

Payment for this bid item shall be paid per Lump Sum and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 20: SOIL AMENDMENT AND FINISH GRADING
Soil Amendment and Finish Grading shall include all work to amend the soil per the soil management plan and finish grading the site after the incorporation amendments and installation of the irrigation system. This shall include all required work and materials per the plans and specifications.

The contractor shall refer to Plans and Specifications for requirements and details. The Contract Square Foot price shall include full compensation for furnishing of all labor materials, tools, equipment, and incidentals including, but not limited to soil tests, soil amendments, incorporation, and fine grading as required by the plans, and as specified in these technical specifications, or as directed by the Engineer. This bid item includes but is not limited to section 32 90 00.

Payment for this bid item shall be paid per Square Foot and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 21: LANDSCAPE TREES
Landscape Trees (24” box) shall include all work to install all trees per the Plans and Specifications.

The contractor shall refer to the Planting Plans and Specifications for requirements and details. The Contract Per Each price for planting trees( 24” box) shall include full compensation for furnishing of all labor, materials, tools, equipment, and incidentals, to

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include but not limited to: Tree layout, Tree pit excavation, removal of Tree pit spoils, soil preparation, amended backfill, planting tablets, tree installation, water basins, root barriers, staking, tree box disposal, and for doing all the work involved, complete in place as shown on the plans, as specified in these technical specifications, and as directed by the Engineer. This bid item includes but is not limited to section 32 90 00.

Payment for this bid item shall be paid per EA (Each) and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 22: LANDSCAPE SHRUBS AND GROUND COVER
Landscape Shrubs and Groundcover, including 15 gallon, 5 gallon, and 1 gallon shall include all work to install all Shrubs and groundcover per the Plans and Specifications.

The contractor shall refer to the Planting Plans and Specifications for requirements and details. The Contract Lump Sum price for planting all shrubs per plan shall include full compensation for furnishing of all labor, materials, tools, equipment, and incidentals, to include but not limited to: Plant layout, plant pit excavation, removal of plant pit spoils, soil preparation, amended backfill, planting tablets, plant installation, water basins, container disposal, and for doing all the work involved, complete in place as shown on the plans, as specified in these technical specifications, and as directed by the Engineer. Bid Item 16 includes but is not limited to section 32 90 00.

Payment for this bid item shall be paid Lump Sum and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 23: 3” MULCH FOR ALL PLANTING AREAS
Mulch for all planting areas shall include all work to install all mulch per the Plans and Specifications.

The contractor shall refer to the Planting Plans and Specifications for requirements and details. The Contract Per Square Foot price shall include full compensation for furnishing of all labor, materials, tools, equipment, and incidentals, to include but not limited to:
purchase, delivery, application, cleanup and for doing all the work involved, complete in place as shown on the plans, as specified in these technical specifications, and as directed by the Engineer. This bid item includes but is not limited to sections 32 90 00.

It should be noted that all mulch shall be a similar color, graded size, and quality as the approved sample, areas that are visually different shall be removed and replaced as required by the Engineer for a continuous and homogeneous final product.

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Payment for this bid item shall be paid per Square Foot and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 24: DECORATIVE CRUSHED STONE ¾”
Decorative crushed stone for noted areas per plan shall include all work to install all gravel per the Plans and Specifications.

The contractor shall refer to the Planting Plans and Specifications for requirements and details. The Contract Per Square Foot price shall include full compensation for furnishing of all labor, materials, tools, equipment, and incidentals, to include but not limited be to purchase, delivery, geotextile fabric, spreading/leveling, and for doing all the work involved, complete in place as shown on the plans, as specified in these technical specifications, and as directed by the Engineer. This bid item includes but is not limited to section 32 90 00.

BID ITEM 25: PLANT ESTABLISHMENT PERIOD
Plant establishment period shall include all work to successfully complete and gain final acceptance of the planting and irrigation per the Plans and Specifications.

The contractor shall refer to the Planting Plans and Specifications for requirements and details. The Contract Per Lump Sum price shall include full compensation for furnishing of all labor, materials, tools, equipment, and incidentals, to include but not limited be to: 90 days of continuous maintenance, complete in place as shown on the plans, as specified in these technical specifications, and as directed by the Engineer. This bid item includes but is not limited to section 32 90 05.

Payment for this bid item shall be paid per Lump Sum and shall be considered as full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work per project plans and specifications; no additional compensation will be allowed.

BID ITEM 26: REMOVE EXISTING STREETLIGHTS (ONLY THOSE ON CONCRETE POLES); FURNISH AND INSTALL SOLAR LIGHTS.

Use “45-WATT SOLTECH HYPER SOLAR AREA LIGHTS WITH MOUNTING ACCESSORIES TO FIELD IT”. The material catalog is included in the addendum 3.

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BID ITEM 27: REMOVE EXISTING 4’ X 8’ PROJECT SIGN.

BID ITEM 28: SIGNING, STRIPING AND MARKINGS
This bid item shall include the removal and replacement of striping, markings, and RPMs affected by the construction of the proposed raised landscape median and water meter trenching and pavement restoration work.

This item shall also include the installation of the following signs:

Install post with OM2-1H and R4-7 signage on each end of the proposed raised median nose per CAMUTCD Figure 2C-13(CA) Type K-1 (CA) and Figure 2B-17. Total of two posts and 4 signs.

Existing conflicting traffic stripes that are not called out on the plans (including raised pavement markers), shall be removed by wet sandblasting per Section 84-9.03B, “Remove Traffic Stripes and Pavement Markings,” and Section 81-8.03B, “Remove Pavement Markers” of the State Standard Specifications.

Contractor shall replace the affected striping, markings, and RPMs in-kind. Markings, such as STOP bars and legends, word markings, and symbols that are partially covered or obliterated shall be re-installed in their entirety.

ALL STRIPING, PAVEMENT MARKINGS, AND LEGENDS SHALL BE
THERMOPLASTIC.

All equipment, materials, and components for installation of signing, striping, pavement markings and raised pavement markers (RPMs) shall conform to the 2024 Caltrans Standard Plans, and 2024 Standard Specifications Section 81, “Pavement Markers”, Section 82, “Signs and Markers,” and Section 84,“Markings.” Full compensation for all labor, materials, tools, and equipment and for doing all work specified herein shall be considered as included in the Contract Lump Sum bid price paid per Bid Schedule and no additional compensation will be allowed therefore.

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SPECIFICATIONS

THE FOLLOWING SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

DIVISION 32 – EXTERIOR IMPROVEMENTS
SECTION 32 15 40

CRUSHED STONE SURFACING
PART 1 - GENERAL

1.01WORK INCLUDED
A.Subgrade preparation
B.Furnishing and installing decomposed granite with GraniteCrete admixture stabilizer as specified within or approved Equal.

C.Contractor to supply documentation supporting the product delivered and installed included the above stabilizer in the form of copies of actual material tickets and invoices.

1.02SUBMITTALS
A.Submit 10-pound sample of decomposed granite for approval prior to ordering delivery.

Attach supplier's certification of testing.

B.Subgrade shall be approved prior to placing.

C.Layout of boundaries and any required forming shall be approved prior to placing.

1.03REFERENCES
A.ASTM C136 – Sieve Analysis of Fine and Coarse Aggregates

1.04QUALITY ASSURANCE
A.Installer qualifications: installer to provide evidence to indicate successful experience in providing decomposed granite surfacing containing GraniteCrete admixture and/or ability to follow installation instructions. Installer must have at least 3 years’ experience in similar work.

B.Materials shall comply with manufactures specifications.

C.Decomposed granite paving shall meet US Department of Transportation/Federal Highway Administration Standard rating for surface firmness of 0.3 inches or less and surface stability of

0.5 inches or less as measured by a rotationalpenetrometer.

D.Stipulations:

1.At no point shall surface fail to drain.

2.Finish shall be smooth, continuous, firm and stable in accordance to the Americans with Disabilities Act.

E.Copolymer treated decomposed granite can permanently stain concrete and other masonry surfaces. Protect adjacent pavement, curbs, etc. from contact with decomposed granite. Cover interface edge of decomposed granite and concrete with plastic sheeting during placement. Remove any spillover immediately.

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F.Do not install decomposed granted blended with GraniteCrete admixture surfacing when sub- base is wet at saturated field capacity
G.Do not install GraniteCrete blended with decomposed granite during rainy conditions or below 40 degrees Fahrenheit and falling.

PART 2 - MATERIALS

2.01DECOMPOSED GRANITE
A.Decomposed granite shall be:

1.A crushed natural granite stone

2.Color: as directed by the Engineer

3.Free of shale, clay, friable materials and debris

4.Having a 3/8” maximum gradation in accordance with ASTM C136 Sieve Size Percent Passing
3/8” 100
#4 85-100
#8 70-80
#16 50-65
#30 40-50
#50 25-50
#100 15-25
#200 10-15

5.Distributed by Decorative Stone Solutions, 306 W El Norte Pkwy. #434 Escondido, Ca 92026, PH: 909-356-1449; or approved equal.

2.02SOIL STABILIZER
A.Soil Stabilizer shall be a non-toxic organic binder. It is a colorless, odorless concentrated powder that naturally binds Crushed Aggregate Screenings creating a natural alternative to concrete and asphalt surfaces.

B.Stabilizer shall be batch mixed at the original quarry or manufactures location C.Binder Material: GraniteCrete as manufactured by GraniteCrete, Inc., Carmel Valley, California, (800)670-0849, www.granitecrete.com, or approved equal.

PART 3 - INSTALLATION

3.01SUBGRADE PREPARATION
A. Scarify any areas with erosion, rills, or depressions and work in approved imported fill material to return them to a consistent level with the existing unaffected trail surface.

B. Plow or scarify entire width of tail subgrade to a depth of 6" below the final subgrade elevation; and by harrowing, dry rolling and breaking clods, the earth shall be brought to finely divided condition Remove boulders, hardened material, or rock encountered.

C. The earth shall be uniform for the full depth and width of the subgrade.

D. Water loose earth to a uniform depth of 4”.

E. Harrow the earth to mix thewetearthwith the dry beneath, until thewhole mass of loose material is at the proper state of moisture for compaction.

F. Contractor to fully compact soil per soil report, applicable detail/ structural design, and or local code/permit requirements whichever is more stringent.

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G. Rough grade to 3-inch depth below finish grade. Subgrade shall be smooth and shall follow the drainage planes as shown on the drawings.

H. Verify gradients and elevations of base are correct.

3.02PRE-EMERGENT WEED CONTROL
A. Not required unless noted on plans

3.03INSTALLATION
A. Prior to installation, dampen surface on which installation is to occur.

B. Mix stabilizing admixture and decomposed granite per manufacturer’s instructions at an off-site location, to provide a uniform even mix. Use of an off-site cement mixer per City Representative’s approval.

C. Decomposed granite with admixture shall be installed and compacted in two lifts.

D. Install three-and-three-quarter inches of decomposed granite with admixture and compact using hand tamper, vibre roller, or vibre plate. The three-quarter additional inch allows for a finish compaction of three inches of decomposed granite with admixture.

E. Compact with a vibratory plate to 95 percent optimum moisture content in accordance with ASTM D1557.

F. Decomposed granite and stabilizing admixture blend must remain damp throughout installation. Material may be misted with a showerhead type hose nozzle or covered with a tarp to maintain dampness during installation. Do not allow material do dry out during installation.

G. Level surfaces to elevation and gradients as indicated.

H. Compaction: After optimum moisture content is achieved for compaction, thus achieving an 88% to 92% compaction. Hand-tamp around benches, sign posts, corners, boulders, etc. Initially use a vibratory plate or a 1-3 ton smooth double drum roller in static position.

Follow with final compaction using a heavy lawn roller to obtain the final desired dense, smooth, uniform finish. Take care while compacting to avoid damage to planting and irrigation systems.

I. Completed Compacted thickness: 3”
J. Once material tamping is complete, sweep entire surface with a medium bristle broom.

K. Compact swept material surface with a water filled lawn roller.

L. Surface shall follow contours indicated in grading plan. Flat areas shall be sloped or crowned for drainage as indicated in grading plan. Slope 1.5% maximum to drain away from structures.

M. Completed, finished surface shall be of consistent quality and free of deleterious materials such as organic materials, nails, stones, and loose material. Surface shall not have depressions or humps greater than 1/4” in ten feet. Any loose material that creates a slip hazard shall be required to be recompacted into the base to create a uniform compacted surface.

N. Following compaction, mist the entire surface with a showerhead type hose nozzle. Mist the entire surface every day for 5 days following installation.

O. There shall be no pedestrian or vehicular traffic on the finished surface for 5 days following installation or until surface has fully cured.

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3.04TESTING AND PROTECTION
A. Test installed decomposed granite paving with a rotational penetrometer to meet required USDOT/FWHA standards. Installations failing test shall be replaced and reinstalled until satisfying standard.

B. Protect installed site furniture, if required, during the construction period toprevent damage and wear

3.05MAINTENANCE
A. Contractor to maintain all installations throughout the Landscape maintenance period including:

1.Treating and removing weeds

2.Regrading, adding material to any areas where erosion or settling may have taken place

3.Removing any rills, surface imperfections, and any damage from use during or after wetting.

4.Re-compacting surface as needed to meet the finished surface requirements of section 3.03 item M

END OF SECTION

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SECTION 32 84 00

PLANTING IRRIGATION
PART 1 GENERAL

1. GENERAL CONDITIONS
a. Provide all labor, materials, tools, transportation, equipment and incidentals necessary to perform the work as indicated on the Irrigation Plans and as herein specified.

2. SCOPE OF WORK
a. Irrigation materials and equipment.
b. Installation standards.
c. System location and layout.
d. Excavation and backfill.
e. Installation of pipe, equipment, and appurtenances.
f. Water flow meters.
g. Field quality control – Coverage Tests.
h. Plant establishment period.
i. Clean up.

3. RELATED SECTIONS
a. Related work specified elsewhere:
1) 32 90 00 – Planting

4. REFERENCES
a. The Standard Specifications for Public Works Construction, “Greenbook”, latest edition, is reference as if herein contained and the contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the “Greenbook”, unless otherwise determined by the Owner or their designated representative.
b. American Society for Testing and Materials (ASTM):
1) ASTM A53 Specification for Pipe, Steel, Black and Hot-Dipped, Zinc- Coated, Welded and Seamless
2) ASTM D1557 Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2700 kN-m/m3)) 3) ASTM D1784 Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC)
Compounds
4) ASTM D1785 Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120
5) ASTM D2241 Specification for Poly (Vinyl Chloride) (PVC) Pressure-Rated Pipe (SDR-Series)

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6) ASTM D2464 Specification for Threaded Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80
7) ASTM D2466 Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40

8. ASTM D2564 Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems
c. California Code of Regulations, Title 24:
1) Part 3 California Electrical Code
d. Underwriters Laboratories Inc. (UL):
1) UL 651 Schedule 40 and 80 Rigid PVC Conduit.

5. VERIFICATION OF DIMENSIONS
a. Dimensions are approximate, before proceeding with any work, Contractor shall verify all dimension and shall immediately inform the L.A. and owner of any discrepancies between the drawings and/or specifications and actual field conditions. No work shall be done in any area where there is such a discrepancy until approval has been given by L.A. and owner. Any work done without notification and prior approval will be the sole responsibility of the Contractor to remedy as required by L.A. and Owner.

6. SUBMITTALS
a. Contractor to supply submittals per contract documents, the following are required to be submitted to the Owners Representative prior to start of work. b. Existing Static water pressure/ Water service size verification:

Static water pressure on site shall be recorded with an accurate liquid filled gauge capable of measuring 0-200 PSI (Winters PFQ806LF or equal). Measurements shall be taken as early as possible per available source and at a time no other distribution devices are actively running. Contractor to document readings in writing on Contractors form that list time & date, reading in PSI, location, and type of gauge used in addition to date stamped photographs of readings. Contractor to document all points of service including both potable and recycled. Final results shall be submitted to the Owners representative prior to purchase of equipment.
c. Materials List:
1) Complete material list shall be submitted prior to performing any work. Catalog data and full descriptive literature must be submitted whenever the use of the item is different than those specified is requested. Notarized certificate must be submitted by plastic pipe and fitting manufacturer indicating that material complies with specifications, unless material has been previously approved. 2) Material list shall be submitted using the following format (double spaced between each item):

Item Description Manufacturer Model

1. Pressure Pipe Lasco Sch. 40

2. Lawn Head Rainbird 1804-SAM-PRS
Etc. Etc. Etc. Etc.
d. Record Drawings:

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1) Record accurately on one set of contract drawings all changes in the work constituting departures from the original contract drawings daily including noting when work was done.
2) The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the Owners Representative. Prior to final inspection of work, submit record drawings to Owners Representative for approval. 3) Dimensions shall be from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement, etc.). Data to be shown on record drawing shall be recorded day to day as the project is being installed. All lettering on drawings shall be minimum 1/8 inch in size.
4) Show locations and depths of the following items:
a) Point of connection.
b) Routing of sprinkler pressure lines (dimension maximum 100 feet along routing) c) Gate valves/ Isolation valves.
d) Sprinkler control valves.
e) Quick coupling valves.
f) Routing of control wires.
g) Related equipment (as may be directed).
5) Maintain record drawings on-site at all times. Upon completion of work, transfer all as-built information and dimensions to clean blackline prints for reproduction. e. Operation and Maintenance Manual: Operation and Maintenance Data, for submittal requirements. As a minimum, provide operation and maintenance instructions for the following items:
1) Electric Remote-Control Valves (including master control valves); 2) Satellite Irrigation Controllers;
3) Water Flow Meters; and
4) Irrigation Controller Software.

7. QUALITY ASSURANCE
a. The landscape irrigation system shall consist of a completely automatic, electrically- controlled bubbler, drip, and spray-irrigation system. The system shall be installed to provide complete coverage with minimum maintenance. The irrigation system shall be installed to prevent overspray onto walks and structures. b. The irrigation system shall avoid conflicts with plant materials, lighting standards, sign posts, architectural features, above and below ground utilities, and drainage system.

Contractor responsible for coordination with other trades to verify acceptable locations to avoid conflicts.
c. Irrigation piping layout is schematic, showing location of pipes and fittings close to landscape areas is not always possible graphically. All equipment shall be located inside the landscape areas.
d. In some cases, Manufacturer standards/requirements may be in addition or supersede those items shown via the plans and details. It is the Contractors responsibility to review and verify with the manufacturer all the required and up to date equipment and accessories are included in addition or in leu of items shown via the plans. At all times

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the Manufactures requirements shall take precedence and as the installation expert the Contractor shall be responsible for installing the most up to date and current equipment per the manufacturers requirements to ensure full compliance with guarantee, certification, and warrantee requirements as part of their bid. e. Plant establishment period is specified in Section 32 93 00 – Plants.

8. SEQUENCING AND SCHEDULING
a. Contractor to coordinate layout and installation of irrigation sleeves, conduits, and piping under paved areas and other features prior to their construction. b. Coordinate installation of irrigation system with excavation of planting beds and backfilling of planting beds with topsoil. Refer to Section 32 90 00, Planting, for requirements. Typically, the irrigation system shall be installed after planting beds have been excavated and backfilled with topsoil.
c. The irrigation system shall be installed and tested prior to installation of plant material.

Coordinate layout and installation of irrigation system with location and installation of plant material to assure that there will be complete and uniform irrigation coverage of planting as indicated.
d. Tree locations shall be staked in the field prior to installation of irrigation pipe and heads.

Refer to the plant list on the Contract Drawings for plant setbacks and spacing requirements.

9. EXISTING UTILITIES
a. Existing utilities and conditions: Prior to cutting into the soil, locate all cables, conduits, sewer lines, septic systems, and other utilities commonly encountered underground and take proper precautions not to damage or disturb such improvements. If a conflict exists between such obstacles and the proposed work, promptly notify the L.A. and Owner who will give direction. Proceed in the same manner if a rock layer or any other conditions encountered underground make changes advisable.
1) Where investigation of subsurface conditions has been made by a qualified body in areas in which local materials may be obtained, the Contractor may request the use of such information but will be solely responsible for its verification and accuracy 2) It is the Contractors sole responsibility to verify any located or demarked utilities via pot holing or other method prior to start of excavation. Failure to do so will result in all damages being the sole responsibility of the Contractor.

10. INSPECTIONS
a. Inspections will be required for:
1) Pressure test of irrigation main line.
2) Coverage test.
3) Manufacture certification, for warranty, verification of installation per manufacture requirements.
4) Final inspection/start of maintenance. Final inspection shall be performed by the Owners Representative and Landscape Architect
a) Final inspection shall include verification of complete installation per plans

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b) All Sensors, gauges, grounding, and accessories must be installed and functioning/ programed per manufacture requirements
c) Third party water audit of system per MWELO requirements, Contractor shall be responsible for supplying water audit and results/ report to Owner’s representative as completed by a Certified Landscape Irrigation Auditor(CLIA). 5) Completion of maintenance and owners’ Final acceptance. b. Inspection Requests:
1) Contractor shall notify the Owners Representative and Landscape Architect in advance for requesting all inspections as follows:

Pressure supply line installation and testing - 36 hours (1- 2 working days) System layout - 36 hours (1- 2 working days)
Coverage Tests - 36 hours (1- 2 working days)
Final Inspection - 48 hours (2 working days)
2) When inspections have been conducted by other approved personnel, the Contractor shall show evidence in writing of when and by whom these inspections were made including a signature of the referenced Inspector. 3) No inspection will commence without "record" prints. In the event the Contractor calls for an inspection without up to date "record" prints, without completing previously noted corrections, or without preparing the system for inspection, the inspection will be canceled and the Contractor back charged for the direct costs of all Owners Representative time and consultant time lost. c. Closing in Uninspected Work:
1) Do not allow or cause any of the work of this section to be covered up or enclosed until it has been inspected, tested, and approved by the Owners Representative. 2) Any additional inspections required due to the Contractors actions, such as failing to have work inspected or covering it prior will- result in additional inspections charged by the current hourly rate of the Landscape Architect or Certified Irrigation designer/Auditor including travel time and expenses.
d. Coverage Test and Adjustment:
1) When the sprinkler system is completed, Contractor shall perform a coverage test in the presence of the Owners Representative and the Landscape Architect to determine if the water coverage for planting areas is complete and adequate. This test shall be accomplished before any planting.
2) Any adjustment required for proper coverage shall be the Contractors Responsibility, and shall include field adjustments and additions as needed to head layout as directed by the Landscape Architect. All additional cost associated with final system tunning and adjustments shall be the Contractors Responsibility. e. Hydrostatic Tests:
1) All pressure lines shall be tested under a hydrostatic pressure of 150 psi for a period of not less than two hours or per local governing regulation- whichever is greater. 2) All hydrostatic tests shall be made in the presence of the Owners Representative.

No pressure line shall be backfilled until it has been inspected, tested, and approved in writing.
f. Contractor shall furnish necessary force pump and all other test equipment.

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11. TURNOVER ITEMS
a. Controller Charts:
1) Record drawings must be approved by Owners representative before charts are prepared.
2) Provide one controller chart for each automatic controller. Chart shall show the area covered by controller.
3) The chart is to be a reduced copy of the actual "record" drawing. In the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a readable size.
4) Chart shall be a blackline print with a different color used to show the area of coverage for each station.
5) When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being a minimum 20 mils in thickness. b. Operation and Maintenance Manuals:
1) Two individually bound copies of operation and maintenance manuals shall be delivered to the Owners Representative 10 calendar days prior to final inspection.

The manuals shall describe the material installed.
2) Each complete, bound manual shall include the following information:
a) Index sheet stating Contractor's address and telephone number, duration of guarantee period, list of equipment including names and addresses of local manufacturer representatives.
b) Complete operating and maintenance instructions for all equipment. c) Spare parts lists and related manufacturer information for all equipment. c. Equipment:
1) Supply as part of this contract the following items:
a) 4 additional sprinkler heads of each type and spray pattern shown. b) Two (2) wrenches for disassembly and adjustment of each type of sprinkler head involved.
c) 10 additional drip emitters of each type and flow rate shown. d) 25’ of each type of drip tubing per plan, and 6 of each fittings used. e) Two keys for each automatic controller.
d. Contractor to supply and verify with the Owners Representative what type of padlocks and keys are required for all enclosures that can be secured as part of their bid. Each locking mechanism must have 4 copies of the correct key for turnover to the Owners Representative. Depending on actual enclosures per plan this includes locks for gates, any needed chains/cables, and other security instruments for the protection of Irrigation equipment.

12. GUARANTEE
a. General:

The entire sprinkler system, including all work done under this contract, shall be guaranteed against all defects and fault of material and workmanship for a period of

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one (1) year following the filing of the Notice of Completion. All materials used shall carry a manufacturer's guarantee of one (1) year.

Should any problem with the irrigation system be discovered within the guarantee period, it shall be corrected by the Contractor at no additional expense to the Owner within ten (10) calendar days of receipt of written notice from the Owners Representative. When the nature of the repairs as determined by the Owners Representative constitute an emergency (e.g. broken pressure line) the Owner may proceed to make repairs at the Contractor's expense. Any and all damages to existing improvement resulting either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the Owners Representative by the Contractor, all at no additional cost to the Owner. b. Form of Guarantee: Guarantee shall be submitted on Contractors own letterhead as follows:

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FORM OF:

GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the complete irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in materials or workmanship which may develop during the period of one year from date of filing of the Notice of Completion and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Owner. This shall include all defects and failures in workmanship and the results of such issues such as trench settling, erosion as caused by failures or defects, and including plant replacement. We shall make such repairs or replacements within 10 calendar days following written notification by the Owners Representative. In the event of our failure to make such repairs or replacements within the time specified after receipt of written notice from the Owners Representative, we authorize the Owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand.

PROJECT: __________________________
LOCATION: __________________________
SIGNED:
__________________________
ADDRESS:
__________________________
__________________________
PHONE:
__________________________

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PART 2 PRODUCTS

1. GENERAL
a. Materials and or equipment installed or furnished shall be new and in pristine condition.

Materials that have faded, are dirty, or have been improperly stored will be rejected and shall be removed from the site and replaced at no expense to the Owner. b. All materials shall be stored per manufactures recommendation and protected from, weather, construction activities, and vandalism/theft.

2. PIPE
a. Pressure supply line from point of connection through backflow prevention unit shall be Type ‘K’ brass or copper pipe.
b. Pressure supply lines 2-1/2 inches in diameter and up to 6 inches in diameter downstream of backflow prevention unit shall be Class 315 solvent weld PVC. c. Pressure supply lines 2 inches in diameter and smaller downstream of the backflow prevention unit shall be Schedule 40 solvent weld PVC.
d. Non-pressure lines shall be Schedule 40 solvent weld PVC.

3. COPPER PIPE AND FITTINGS
a. Copper pipe shall be Type 'K', hard tempered ASTM B 88 and fittings shall be wrought solder joint type in accordance with ANSI B16.22.
b. Joints shall be soldered with silver solder, conforming to ASTM B206.

4. BRASS PIPE AND FITTINGS
a. Brass pipe shall be 85 percent red brass, ANSI, Schedule 40 screwed pipe. b. Fittings shall be medium brass, screwed 125-pound class.

5. GALVANIZED STEEL PIPE AND FITTINGS
a. All galvanized steel pipe shall be Schedule 40, threaded, coupled, and hot-dipped galvanized, and shall comply with the requirements of ASTM A 120-66 or ASTM A 53-

67. b. All fittings for galvanized steel pipe shall be 150-pound rated galvanized malleable iron, banded pattern.
c. Pipe sizes indicated on the drawings are nominal inside diameter, unless otherwise noted.

6. CONDUIT
a. Conduit: Provide rigid non-metallic conduit conforming to UL Standard No. 651 for rigid non- metallic conduit, such as Schedule 40 PVC conduit, unless otherwise indicated.

7. PLASTIC PIPE AND FITTINGS
a. All plastic pipe shall bear the following markings: manufacturer's name, nominal pipe size, schedule or class, type of material, pressure rating in psi, NSF seal of approval, and the date of extrusion.
b. All plastic pipe shall be extruded of an improved PVC virgin pipe compound.

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c. Rubber gasket PVC pipe, couplings, and fittings shall conform to ASTM D 1784 Type I, Grade I, 2,000-psi design stress. Couplings, rubber gaskets, and fittings shall be as approved by the pipe manufacturer.
d. Ring-type rubber gasket couplings shall permit a 5-degree deflection of the pipe at each coupling (2-1/2 degree each side) without exfiltration or infiltration, cracking or breaking. e. All fittings shall be standard weight Schedule 40 and shall be injection molded of an improved PVC fitting compound. Threaded plastic fittings shall be injection molded. All tees and ells shall be side gated.
f. When connection is plastic to metal, male adapters shall be used. The male adapter shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be nonhardening sealing compound compatible with plastics. Compound must not lubricate the joint.
g. All threaded nipples shall be standard weight Schedule 80 with molded threads. h. All solvent cementing of plastic pipe and fittings shall be a two-step process, using primer and solvent cement applied per the manufacturer's recommendations. Cement shall be of a fluid consistency, not gel-like or ropy.

8. BACKFLOW PREVENTION UNITS
a. The backflow prevention unit shall be as indicated on the drawings.

9. BACKFLOW PREVENTION ENCLOSURE
a. The backflow prevention device enclosure shall be as indicated on the drawings or approved equal. Install one for each backflow device.

10. BOOSTER PUMP
a. The Pump unit shall be as indicated on the drawings if required.

11. VALVES
a. Gate and Ball Valves:
1) Ball valves 2 inches or smaller shall have screwed joints and brass bodies. 2) All gate valves larger than 3 inches in diameter shall have 2-inch-square operating units and have an arrow cast in the metal indicating the direction of opening. Valves shall have iron body and be bronze mounted.
3) All gate valves larger than 2 inches and up to 3 inches in diameter shall conform to (1) or (2) above.
4) All gate valves shall have a minimum working pressure of not less than 150 psi and shall conform to AWWA standards.
b. Quick Coupling Valves:
1) Body of valves shall be brass with a wall thickness guaranteed to withstand normal working pressure of 150 psi without leakage. Valves shall have 3/4-inch female threads opening at base, with two-piece body. Construct valves to be operated only with a coupler, designed for that purpose. Coupler is inserted into valve and a positive, watertight connection shall be made between coupler and valve. Hinge cover shall be brass with a yellow rubber-like vinyl cover bonded to it.

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c. Remote Control Valves:
1) Valves shall be spring-loaded, self-cleaning, packless diaphragm activated, of a normally closed type.

12. VALVE BOXES
a. Valve boxes shall be fabricated from a durable, weather-resistant plastic material resistant to sunlight and chemical action of soils.
b. The valve box cover shall be secured with a hidden latch mechanism or bolts. c. The cover and box shall be capable of sustaining a load of 1,500 pounds. d. Valve box extensions shall be by the same manufacturer as the valve box. e. Gate valve boxes shall be round plastic boxes with bolt-down covers marked "GV," heat branded in 2" high characters; AMETEK or approved equal. f. Remote control valve boxes shall be rectangular plastic boxes with bolt-down covers marked "RCV"; and with the valve identification number heat branded in 2" high characters; AMETEK or approved equal.
g. Colors of boxes shall be green unless otherwise called out by the plans. h. Valve boxes shall be sized to fit all equipment with ample room for operation and any required maintenance tasks, Contractor to adjust as needed per field conditions and final assembly of components at no additional cost.

13. AUTOMATIC CONTROLLER
a. Automatic controller shall be as called for on the plans and include all options and accessories required to function independently and automatically, including receiving updated climate information, flow sensing, and information for programming adjustments as required by the model.
b. Contractor to include in bid all support items required by the manufacture for a fully functional automatic irrigation control system, including if required:
1) All relays, pump starts
2) Flow sensors
3) Decoders
4) Coaches switch/Cool down controls
5) Remotes
6) Specialized wire connections per manufacturer
7) Grounding for accessories per manufacturer

14. ELECTRICAL
a. All electrical equipment shall be NEMA Type 3, waterproofed for exterior installation. b. All electrical work shall conform to local codes and ordinances.

15. WIRING
a. Remote control wire shall be direct-burial AWG-UF type, sized according to manufacturer's specifications per the drawings, and in no case smaller than 14 gauge.

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b. Wire connectors shall be either Spears Dri-Splice, 3M DBR/Y, and or 3M 3570GN Direct burial type water proof connectors per the details or the manufacturers requirement’s which ever more stringent.
c. Common wires shall be white in color. (Where two or more controllers are used, the common wires shall be white with a different color stripe for each controller.) Control wires shall be black (where two or more controllers are used, the control wires shall be a different color for each controller.) These colors shall be noted on as-built plans located on controller door.
d. All wires shall be numbered and marked with 3M wire marking tape numbering system or approved substitution at the controller and any pull boxes where more than 10 wires are present.

16. SPRINKLERS
a. Sprinklers shall be as called for on the plans.

17. FERTIGATION
a. If called for on the plans shall be provided by Eco-Fert fertigation. Contractor shall coordinate installation and programming with Eco-Fert. Eco-Fert System Number EFSS- FP1. Coordinate Installation with Eco-Fert (949) 766-5800 and include all conduits and electrical service for installation. Fertigation system shall include, but not be limited to the following components as a minimum:
Walchem Pump
Signet 9900
Schedule 80 4” fittings
Extension Boxes
GF 2536
Saddle
Stainless Steel Cabinet/Pedestal
Tank
4 pin connectors
5 pin connectors
Madison Horz float
Valve Boxes
Fan.

PART 3 EXECUTION

1. GENERAL
a. Water Supply:
1) Connections to or for the installation of the water supply shall be at the locations shown on the drawings. Any changes caused by actual site conditions shall be made at no additional cost to the Owner.

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b. Electrical Service:
1) Contractor shall make and supply all electrical connections including conduit, wiring, and support breakers and switches to supply the irrigation controller, booster pump, and fertigation system in addition to any required ancillary equipment. c. Layout:
1) Layout irrigation system prior to excavation and make minor adjustments required due to differences between site and diagrammatic drawings/plans. All equipment to be located within planter areas. It is the Contractors responsibility to notify the Landscape Architect of any items of concern prior to start of installation. Any changes in layout or design by the Contractor not disclosed and approved prior by the Landscape Architect are made at the Contractors sole liability. d. Diagrammatic Intent:
1) The drawings are purposely diagrammatic, due to scale it is impossible to show all items in their actual location on the plan. The size and location of equipment and fixtures are drawn to scale where possible to show overall system makeup and design. Provide offsets in piping and changes in equipment locations as necessary to conform with structures, hardscape, and to avoid obstructions or conflicts with other work. Contractor shall not willfully install any equipment that would be out of place, cause issue/ interference with other work, or appear to be out of location per industry standards. All equipment shall be located in landscape areas unless specifically approved by the Owners Representative prior to installation for any non- conforming circumstances.
e. Modifications:
1) Provide modifications to the irrigation system to avoid blockage of sprinkler irrigation patterns, to prevent overspray and excessive runoff onto walkway and parking areas, and to provide full irrigation coverage to the planted areas. Such modifications also include adjusting locations and adding heads as required to spray around trees, light poles, sign posts, other objects that obstruct spray pattern, and any other adjustments required due to field conditions unknow at the time of design. All cost’s associated with Modifications are the Contractors sole responsibility as they shall be considered part of the bid. f. Grades:
1) Before starting work, carefully check all grades to determine that the site is properly graded and work may safely proceed, keeping within the specified material depths with respect to finish grade.
g. Inspections:
1) Prior to all work of this section, carefully inspect the current work of all other trades and verify that all such work is complete to the point where this installation may properly commence. Any installation prior to the completion of other trades that requires work to be adjusted or redone is the sole responsibility of the contractor. 2) Verify existing grades are correct and that proper coverage per the details and final equipment locations and heights are correct. Any work installed that is found to be incorrectly installed per the details that requires adjustment to equipment or pipe relocation is the sole responsibility of the Contractor.

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3) Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations.
h. Discrepancies:
1) In the event of discrepancy, notify the Owners Representative and the Landscape Architect prior to starting work.
2) Do not proceed with installation in areas of discrepancy until all discrepancies have been resolved and approval of solution has been granted in writing. 3) Failure of the Contractor to accurately lay out or knowingly install the system in a way that creates design inadequacies without prior acknowledgement to the Owners Representative will be the direct responsibility of the Contractor to remedy without any additional costs or impact to the Owner.
i. Field Measurements:
1) Contractor shall be responsible to make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. Contractor shall coordinate the installation of all irrigation materials with all other trades, including the proper location of required sleeves, and support items that may involve other trades.

2. INSTALLATION STANDARDS
a. The landscape irrigation system shall be installed in accordance with applicable requirements of the California Plumbing Code and California Electrical Code, and the requirements of the jurisdictional water company or utility district. b. Manufactured materials and equipment shall be installed in accordance with the respective manufacturer's instructions for the location and conditions.

3. TRENCHING
a. Dig trenches and support pipe continuously on bottom of ditch. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on drawings to the depths below finished grade and as noted. Where lines occur under paved area, these dimensions shall be considered below subgrade.
b. Contractor responsible for all trenching activities which shall be in accordance with current safety and OSHA requirements.
c. Provide minimum cover of 24 inches, maximum 30 inches on pressure supply lines 3 inches and larger.
d. Provide minimum cover of 18 inches, maximum 24 inches on pressure supply lines 2 inches and smaller.
e. Provide minimum cover of 4” for subsurface drip lines, or as recommended by the subsurface drip line manufacture.
f. Provide minimum cover of 18 inches, maximum 24 inches for control wires. g. Provide minimum cover of 12 inches, maximum 16 inches for non-pressure lines. h. Provide minimum cover of 24 inches, maximum 30 inches for all pipe sleeved under paving.

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i. Provide minimum cover of 36 inches in infiltration areas (6” minimum backfill cover over pipe beneath gravel layer).
j. When two pipes are to be placed in the same trench, maintain a six-inch space between pipes as a minimum. No pipe shall be installed directly over or next to another k. For pressurized lines, snake as needed in the trench to allow for minor expansion and contraction depending on the type of pipe used. Follow manufactures recommendations. l. Where it is necessary to excavate adjacent to existing trees, the Contractor shall avoid injury to trees and tree roots. Excavation in areas where 2-inch and larger roots occur shall be done by hand. All roots 2 inches and larger in diameter shall be tunneled under and shall be heavily wrapped with wet burlap to prevent scarring or drying. Where trenching machine is run close to trees having roots smaller than 2 inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making a clean cut through the roots. Roots 1 inch and larger in diameter shall be painted with two coats of Tree Seal or approved equal. Trenches adjacent to trees shall be closed within 24 hours. Any damage to tree root structure and resulting decline will be the sole responsibility of the Contractor.
m. After trenches have been excavated, pipe shall be installed, tested, and inspected, and the trench shall be backfilled without undue delay.

4. PIPING
a. Piping under existing pavement may be installed by jacking, boring, or hydraulic driving.

No hydraulic driving is permitted under asphaltic concrete pavement. b. Cutting or breaking of existing pavement is not permitted. c. Carefully inspect all pipe and fittings before installation, removing dirt, scale, and burrs and reaming; install pipe with all markings up for visual inspection and verification. d. Exercise care in handling, loading, unloading, and storing plastic pipe and fittings; store plastic pipe and fittings under cover until ready to install; transport plastic pipe on a vehicle with a bed long enough to allow the pipe to lay flat, avoid undue bending and any concentrated external load.
e. Remove all dented, crushed, scratched, and damaged pipe sections. f. Contractor shall install concrete thrust blocking at all changes of direction and terminal points of pressure pipe per plans.
g. All lines shall have a minimum clearance of 6 inches from each other and 12 inches from lines of other trades.
h. Parallel lines shall not be installed directly over one another. i. In solvent cementing/welding, use only the specified primer and solvent cement and make all joints in strict accordance with the manufacturer's recommended methods; allow solvent welds at least 15 minutes setup time before moving or handling and 24 hours curing time before filling.
j. Solvent cementing/ welding shall be neat and demonstrate quality workmanship- Primer and Glue shall not be used in excess or applied in a way to affect the portions of the pipe that are not part of the actual connected joint. Any joints with excessive runs/drips, trails, or globing of Glue and or Primer shall be cut out in whole and replaced at cost by the Contractor until an acceptable professional product is completed and accepted by the Owners Representative

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k. 360-degree applicators shall be used to apply primer and solvent on sizes - 2 inches and larger.
l. Center load all plastic pipe prior to pressure testing. m. All threaded plastic-to-plastic connections shall be assembled using Teflon tape. n. For plastic-to-metal connections, work the metal connections first. Use a nonhardening pipe dope on all threaded plastic-to-metal connections, except where noted otherwise. o. Snake all piping to allow for expansion and contraction due to environmental conditions.

5. ASSEMBLIES
a. Install all assemblies specified herein according to the respective detail drawings or specifications, using best standard practice.
b. Install backflow assemblies at locations approved in the field and at height required by local codes.
c. Valves shall be installed in Landscape areas whenever possible per Owners Representative standards.
d. Each valve box shall be installed on a foundation of gravel backfill; 3 cubic feet minimum.

Place boxes on common bricks bedded in backfill per details. Valve boxes shall be installed with their tops ½” inch above the surface of surrounding finish grade in lawn areas and 2” inch above the surface of surrounding finish grade in shrub areas or per details.
e. Valve box risers or extensions shall be installed as needed per field conditions at no additional cost, they shall be by the same manufacture as the installed box. f. Areas with burying rodents will require metal fabric or wire mesh installed under boxes prior to gravel and shall be placed at all other possible entry points to protect the equipment from damage. All cost associated with wire fabric installation shall be the responsibility of the contractor.

6. BACKFILLING
a. Before pipeline trenches are backfilled, the irrigation system shall be pressure tested and the location of irrigation heads modified as required to obtain complete and uniform coverage of each plant's root ball. Refer to field quality control requirements specified herein.
b. Initial backfill on all lines shall be of fine granular material with no foreign matter larger than 2 inch in size. Reference section 217-1.1 of the “Greenbook” for further requirements of bedding material. All protruding rocks or other material capable of damaging pipe will shall be removed from trench walls or bottom prior to placement of pipes or conduits.
c. Compaction of backfill in landscaped areas shall be not less than that of surrounding ground as determined by ASTM D1557.
d. Backfill shall be tamped in 4-inch lifts under the pipe and uniformly on both sides for the full width of the trench and the full length of the pipe. Materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be compacted to dry density equal to adjacent undisturbed soil and shall conform to adjacent grades. e. Flooding in lieu of tamping is not allowed without specific prior approval.

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f. Under no circumstances shall truck wheels be used to compact soil. g. Provide washed sand backfill a minimum of 6 inches over and under all piping under paved areas.

7. CONTROLLER
a. The exact location of the controller shall be approved by the Owners Representative before installation. The electrical service shall be coordinated to this location by the Contractor.
b. Fertigation controller will be located next to fertigation unit per plan if included.

Maintenance access shall be provided.
c. Pump starter shall be connected to controller pump starter relay switch. d. The irrigation system shall be programmed to operate during the periods of minimal use of the design area, and for maximum efficiency.
e. Testing Requirements:

All manufacturer requirements for certification and or warranty release of the system in addition to electrical code requirements are the Contractors responsibility to meet and supply proof in the form of documentation of inspection and compliance.

8. WIRING
a. Wiring shall occupy the same trench and shall be installed along the same route as the pressure supply lines and shall be located below the supply lines wherever possible. b. Where more than one wire is placed in a trench, the wiring shall be taped together at intervals of 10 feet.
c. All connections shall be of an approved type and shall occur in a valve box. Provide an 18-inch service loop at each connection.
d. An expansion loop of 12 inches shall be provided at each wire connection and/or directional turn, and one of 24 inches shall be provided at each remote-control valve. e. A continuous run of wire shall be used between a controller and each remote-control valve. Under no circumstances shall splices be used without prior approval.

9. FLUSHING THE SYSTEM
a. Prior to installation of sprinkler heads, the valves shall be opened and a full head of water used to flush out the lines and risers.
b. Sprinkler heads shall be installed after flushing the system has been completed.

10. SPRINKLER HEADS
a. Sprinkler heads shall be installed as designated on the drawings and per Owners Representative standards.
b. Spacing of heads shall not exceed maximum indicated on the drawings.

11. ADJUSTING THE SYSTEM
a. Contractor shall adjust valves, align heads, and verify coverage of each system prior to coverage test.

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b. If it is determined by the Owners Representative that additional adjustments, heads or nozzle changes/ additions will be required to provide proper coverage, all necessary changes or adjustments shall be made prior to acceptance and any planting. (See 3.01 section E)
c. The entire system shall be operating properly before any planting operations commence.

12. PLANT ESTABLISHMENT
a. Contractor to continually check and adjust the system for proper run times, coverage, and function throughout the Plant Establishment Period listed in Section 32 93 00 – Plants.

13. COMPLETION CLEANING
a. Upon completion of the work, Contractor shall smooth all ground surfaces; remove excess materials, rubbish, debris, etc.; sweep adjacent streets, curbs, gutters, walkways, and trails; and remove construction equipment from the premises. Contractor is responsible for removing and cleaning any tracking, tire marking, or other visible signs of damage to existing facilities.

END OF SECTION

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SECTION 32 90 00

PLANTING
PART 1 – GENERAL

1.01SCOPE
A.The work required is indicated on the drawings and includes but is not necessarily limited to: soil preparation; finish grading; planting trees; guying and staking trees; planting shrubs and ground cover; soil erosion control; maintenance; plant establishment period; guarantees; and replacement.

1.02RELATED SECTIONS
A.Related work specified elsewhere:

1.32 84 00 Planting Irrigation

2. 32 90 05 Planting Maintenance

1.03GUARANTEE
A.All trees installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship of installation for a period of one (1) year.

B.All plant material 15 gallon or larger shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship of installation for a period of one (1) year.

C.During the guarantee period, any material found to be dead, in decline, missing, or in poor condition shall be replaced by the Contractor within ten (10) days of written notification. The Owners Representative/ Landscape Architect shall be the sole judge as to the condition of the material.

D.Replacement shall be made in accordance with these specifications and the plans and shall be material matching the current size and condition of the existing material at the time of replacement.

E.Material and labor involved in replacing plant material shall be provided by the Contractor at no additional cost to the Owner including any shipping, delivery, and or specialized installation methods such as craning, rigging, or impact to surrounding landscape.

1.04REFERENCES
A.The Standard Specifications for Public Works Construction, “Greenbook”, latest edition, is reference as if herein contained and the contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the “Greenbook”, unless otherwise determined by the Owner or their designated representative.

1.05QUANTITIES AND TYPES
A.Plant materials shall be furnished in the quantities and/or spacing as shown and noted for each location, and shall be the species, kinds, sizes, etc. as symbolized and/or described in the “Plant Materials Legend”, as indicated by the drawings. The Landscape Architect has provided this list and/or counts only as a convenience to the Owner and Contractor and assumes no responsibility for its accuracy. As part of his/her bid the Contractor shall be solely responsible

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for accurately identifying the counts and species as shown on the plans by symbols. Any questions or clarifications shall be brought up during the bidding process or shall be resolved as solely directed by the Owners Representative or Landscape Architect.

1.06VERIFICATION OF DIMENSIONS
B.Dimensions are approximate, before proceeding with any work, Contractor shall verify all dimension and shall immediately inform the L.A. and owner of any discrepancies between the drawings and/or specifications and actual field conditions. Minor adjustments to planting locations for interference with infrastructure or other site features shall be included in the bid by the contractor.

No work shall be done in any area where there is such a discrepancy until approval has been given by L.A. and owner. Any work done without notification and prior approval will be the sole responsibility of the Contractor to remedy as directed by L.A. and Owner.

1.07INSPECTIONS
A.Inspections will be required to observe and verify the work. The Contractor shall contact the Owners Representative at least 48 hours (2 working days) in advance of an anticipated inspection. An inspection will be required at each of the steps listed below:

1.Upon completion of fine grading, and prior to commencement of soil preparation, for acceptance of fine grading work and taking of soils samples.

2.Inspection of completed finish grading work per this section following soil amendment work.

3.Percolation test of selected planting tree locations.

4.On site delivery of plant material.

5.When trees and shrubs are spotted for planting, but before planting holes are excavated.

6.When planting and all other indicated or specified work has been completed.

7.During application of pre-emergent chemical.

8.At start of plant establishment and maintenance period.

9.At the end of the plant establishment period, concurrent with final acceptance of the project for maintenance by the Owner. This acceptance for maintenance will be confirmed in writing by the Landscape Architect or Owners Representative.

1.08SOILS TEST
A.Agronomic soil analysis shall be required with interpretation and recommendations (include texture, organic matter, estimated nitrogen release, Phosphorus (P 1, P 2), potassium, magnesium, calcium, soil pH, hydrogen, cation exchange capacity, percent base saturation, soluble salts, excess lime rate, sodium and boron at the acceptance of fine grading. Total amount of tests required shall be as stated per the per plans or at a minimum of 1 test per 25,000 sq. ft. whichever is greater. The tests shall be individual to identify any irregularities in soil types on site and amend them as necessary per plant or area needs. Creating a single composite mix of all samples is not allowed. The final approved recommendation shall take precedence over the minimums listed

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herein or elsewhere in the plans. Recommendations shall be based on the plants listed per the planting plans specifically. The recommendations shall call for any needed special requirements for the listed trees, shrubs, ground covers, turf, and or any other special specie requirements.

Any additional costs due to recommendations of the soil test shall be the responsibility of the Contractor who has reviewed the site during bidding and made their own observations and test as needed to make an accurate bid based on the site conditions and their experience as a Contractor. See plans for amount and locations of tests required based on project size. All costs for testing shall be the responsibility of the Contractor and included in their bid as well as the proper scheduling allowing for analysis and reporting lead times.

B.Any results or recommendations that require additional re-testing to verify required mitigation or amendments performance shall be included by the contractor at no cost to the owner.

C.Any Additional mitigation or amendments that may be required by as stated by additional testing and are found to be a result of the Contractor failing to meet the original requirements shall be corrected in full to the requirements of the recommendations by the Contractor at no cost.

1.09SUBMITTALS
A.Contractor to submit date stamped photos documenting current appearance of each plant listed in the plant legend within 15 days of the Notice to Proceed.

Photos shall clearly document size and condition from the nursery, including height, spread, and size of caliper noted for trees for approval by Landscape Architect.

B.In addition to photos the Contractor shall supply documentation of the required quantities available from the supplier at the time of submittal, it is the Contractors responsibility to procure all plant material ahead of delivery once the submittal is approved. Any additional cost as a result of scheduling or order of operations for holding, growing, and caring for plant material shall be included In the Contractors bid.

C.Contractor to submit written recommendations from a Certified Pest Control Advisor for all herbicides and pesticides to be used on site for approval by Landscape Architect.

D.Contractor to submit samples of Mulch or other listed ground cover material per plan in a 1-gallon zip-lock type plastic bag for approval by Landscape Architect.

E.The following written certifications and or delivery tickets are required to be submitted to the Landscape Architect upon delivery of the respective materials to the job site:

1.Total Quantity of commercial fertilizers by type

2.Total Quantity of soil amendments and conditioners by type

3.Total Quantity of mulch

4.Total Quantity of iron sulphate

5.Also, all items per section 32 92 00 (turf seeding or sod if applicable) F.All bagged products (fertilizers, etc.) shall stay on the site in a neat and orderly manner until the final approval by the Landscape Architect.

1.11SUBSTITUTIONS

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A.Substitutions for any indicated plant material shall be permitted only if the provided substituted materials are approved in advance at the start of work, and if found to be acceptable by the L.A. with no additional costs to the owner. The L.A. has final authority on the approval of substitutions based on their opinion of overall impact to plant palette and the substitutions previous performance. No substitutions shall be allowed based on failures of the Contractor to locate and reserve plant quantities at the time of award. For any additional required inspections, nursery visits, or staff time spent verifying additional plant material after the original approval will be the responsibility of the Contractor and charged at the Landscape Architects current rates at time of Design Award.

1.12PROOF OF PLANT MATERIAL NURSERY DEPOSIT/PURCHASE
A.The Contractor shall be responsible for proof of plant material procurement prior to submission of first Pay Application. Plant material must be located, have submittals approved, and some form of either deposit or full payment for reserving the plant material and any ongoing maintenance required by the seller based on the Contractors approved schedule for plant delivery to the site.

Failure to provide the documentation of proof of purchase will result in a delay of payment approval and processing. This is required due to supply chain issues and limited availability of plant material in the current market conditions and there affect on project timelines if not secured at the properly at start of the project.

1.13WARRANTY
A.General:

B.The Contractor shall guarantee all plant material against all defects and fault of material and workmanship for the entire period of the plant establishment/maintenance periods. The Contractor shall guarantee all trees and plant material 15 gallon and larger for a period of one year from completion of plant establishment. Any trees that fail or are found to be in decline shall be replaced by the Contractor at no cost to the owner. The final decision on the health and status of the material will be the sole discretion of the Landscape Architect and or the Owners Representative.

C.Should any problem with the planting installation be discovered within the guarantee period, it shall be corrected by the Contractor at no additional expense to the Owner within ten (10) calendar days of receipt of written notice from the Owners Representative. When the nature of the repairs as determined by the Owners Representative constitute an emergency (I.E. Tree failures, Etc.) the Owner may proceed to make repairs at the Contractor's expense. Any and all damages to existing improvements resulting either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the Owners Representative by the Contractor, all at no additional cost to the Owner.
2 PART 2 - MATERIALS

2.01 SOIL AMENDMENTS, FERTILIZER, AND CONDITIONERS
Samples of soils amendments and plants shall be submitted for inspection and stored on the site until furnishing of materials is completed. Photographs may be used for Plant Material if

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they include the following: date of image, person or object for scale, nursery name and contact info, multiple views of any items 24” or larger. Delivery may begin upon approval of samples and completed grow and kill period, or as directed by the Owner’s Representative. Substitutions in any material will not be permitted unless presented during bidding and specifically approved in writing by the Owner’s Representative in the form of an official bid addendum.

A. Soil and Soil Amendments:

1. Fertilizer and amendments for soil conditioning and maintenance shall bear the manufacturer’s guaranteed analysis and shall be as recommended in the required soils laboratory report.

2. Fertilizer tablets if called for shall be Gro-Power 7 gram 12-8-8, to be applied per Manufacturer’s Specifications.

3. Myco tabs if called for shall be TRI-C 1.68 gram Myco Tabs(Mycorrhizal + NPK) to be applied per Manufacturer’s Specifications.

4. Myco Paks if called for shall be TRI-C 4 gram Myco Paks to be applied per Manufacturer’s Specifications.

5. Premium Humate if called for shall be TRI-C premium humate applied per manufacturer’s specification for soil preparation via Rototilling.

6. Revival Plus if called for shall be TRI-C Myco Revival plus and installed in conjunction with TRI-C humate per manufacturer's specifications.

7. Organic amendments if called for shall be nitrolized redwood sawdust (.5% actual nitrogen), or Fir Bark 1% nitrogen). It shall be fine textured, having minimum 80% passing #8 screen and minimum 95% passing #4 mesh screen. Salinity shall be no higher than 3.5 milliohms per centimeter at 25 Centigrade as measured by saturation Pine shall not be used as an organic amendment.

B. Application Rates
Application rates when called for shall be at a minimum as listed below - Note: Soil analysis may adjust listed rates and shall take precedence.

1. Fertilizer tablets- Apply 7 grams Gro-Power tablets at the following rates per plant by size:

Shrubs: Trees:
• 1 gal. shrub – 3 tablets 24" box tree – 16 tablets • 5 gal. shrub – 8 tablets Larger sizes: For each 1/2” caliper measured 14”
• 15 gal. & 24” box shrubs – 15 tablets above soil level use 3 to 4 tablets.

Ground Cover:

Apply one 7 gram Gro-Power tablet per rooted ground cover cutting/ 4” pot. Refer to Manufacturer’s Specification for installation procedure.

2. Myco tabs shall be used at the following rates per plant by size:
• 1 gal - 2 tabs 48” box – 34 tabs • 5 gal - 8 tabs 60” box – 40 tabs • 15 gal – 16 tabs 72” box – 46 tabs • 24” box – 22 tabs 84” box – 52 tabs • 36” box – 28 tabs 96” box – 60 tabs

3. Myco Pak shall be used at the following rates per plant by size:
• 1 gal – 1 pak 24” box – 12 paks • 5 gal – 3 paks 36” box – 18 paks

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• 15 gal – 8 paks 48” box – 22 paks

4. Premium humate shall be incorporated at 50lbs. per 100 square feet

5. Myco Revival Plus shall be topically applied per manufacture and watered in accordance with the manufacturer's instructions
C. Inorganic Conditioners:

Inorganic conditioners shall be agricultural grade gypsum, soil sulfur and iron sulphate. Iron sulphate shall be ferric sulphate or ferrous sulphate in pelleted or granular form containing not less than 18.5% iron, expressed as metallic iron, and shall be registered as an agricultural mineral with the State Department of Agriculture in compliance with Article 2 "Fertilizing Materials", Section 1030 of the Agriculture Code.

2.02 PLANTS
All plants shall be true to name, and one of each bundle or lot shall be tagged with the name and size of plants in accordance with the standards of practice recommended by American Standard for Nursery Stock ANSI Z60.1-2014. The root condition of plants furnished in containers shall be determined by removal of earth from the roots of not less than two plants nor more than 2% of the total number of plants of each species or variety except when container- grown plants are from several different sources: in which case, the roots of not less than two plants of each species or variety from each source shall be checked by the Owners Representative / Landscape Architect at his option. The selection of plants to be checked will be made by the Owners Representative / Landscape Architect. All plants rendered unsuitable for planting shall be considered as samples, and replacements shall be provided at no additional cost. In case the sample plants are found to be defective, the entire lot or lots of plants represented by the defective samples will be rejected.

A.All trees and shrubs supplied by Contractor shall be of the specified standard height and diameter set by the American Standard for Nursery Stock. The height of the trees shall be measured from the root crown to the last division of the terminal leader and the diameter shall be measured six (6) inches above the crown roots. The trees shall stand erect without support.

B.No plants or trees shall be accepted with compromised root systems, including girdling, root bound, and or recently up planted from smaller container stock.

D.Container stock shall have grown in the container for at least 6 months, but not over two years.

E.Do not prune any plants prior to delivery without specific prior approval.

F.Material that has been trimmed, damaged, or does not meet the standard approved via photographs will be rejected.

G.All cost associated with returning and replacing rejected material shall be the Contractors sole responsibility.

H.Substitutions shall not be permitted unless the contractor can prove in writing that no specimens can be located within 100 miles of the project. A minimum of 5 notices from suppliers stating the plant is not available are a required.

I.At all times plants shall come from Nursery stock grown in similar conditions and climate zones as associated with the project.

2.02BACKFILL MATERIAL

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A.Topsoil shall be free from noxious weed seed and shall be of a loam characteristic, fertile and friable.

B.Wood shavings shall be leached nitrogen fortified and shall be free of foreign matter.

C.Soil used for backfill of planting pits for bidding purposes shall be enriched using the following blend per cubic yard (agronomic soil test recommendations shall take precedence where these minimum amounts are exceeded):
60% site soil or approved import 40% wood shavings
17 lbs. soil condition/fertilizer (Gro-Power Plus) 1 lb. iron sulphate All plant pits shall be backfilled with backfill mix as specified above.

D.All soil backfill shall be bulk mixed, not individually mixed at each plant pit.

2.03STAKES AND TIES
A.Tree stakes shall be 3" dia. x 10-foot-long straight-grained copper naphthenate treated lodgepole pine unless called for differently per the plans. Stakes shall be free from knots, checks, splits, or disfigurement.

B.Tree ties shall be "Cinch-Tie Tree Support” supplied by V.I.T. Co., Escondido, California, (760)
480-6702. For 5- 15-gallon trees, Model CT24; for 24”- 36" box trees, Model CT32. Total amount of ties per tree shall be as called for by the Details.

C.Multi-stem trees and 48” box trees and larger shall require underground tree guying/earth anchors system that include strapping of the root ball and soil anchors. Duckbill Root Ball anchor sized per manufactures recommendations or approved substitution shall be required.

D.Tall vertical growing specimens, similar to Italian Cypress or Brisbane Box trees shall require special staking requirements designed to align and support their long single leader growth habits. This shall include using 20’ length sch. 40 steel pipe or similar staking devise that may require special installation and tie methods. Contractor to include alternative staking methods based on tree types as required by plans in the total cost of their bid.
3 PART 3 - EXECUTION

3.01LANDSCAPE GRADING
A.The Contractor shall complete preliminary grading as required by adding soil, removing surplus soil, removing rocks and debris over 1 inch in diameter within the top 2" of soil in flat and slope areas, and removing rocks over 2" in diameter within the top 6" of soil in areas with slopes less than 3:1. Bring all areas to be landscaped to finish grade. All areas shall slope to drain. Flow lines shall be established to drain inlets, existing road curbs, sidewalks, and or other drainage conveyance structures as shown on the grading plans. Contractor shall notify Owners Representative/ Landscape Architect of any areas that appear to have drainage issues prior to soil preparation for complete mitigation and or correction.

B.The Contractor shall key/cut and remove all soil for mulch, ground cover, turf interfaces with hardscape per the details to retain minimum depth and final finish alignment.

3.02WEED AND PEST CONTROL MEASURES

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A.Upon completion and acceptance of all fine grading work and prior to soil preparation, the Contractor shall perform weed control (Grow/Kill) measures as follows:

1.Irrigate all areas designated to be planted for a minimum of 10 minutes per setting, two settings per day for 14 days continuously to germinate existing seed bank.
•In instances of point source or drip irrigation it is the Contractors responsibility to completely irrigate all planting areas which may require additional or supplemental irrigation above the designed system per plans. This may include adding above ground temporary irrigation, watering from water
trucks/tanks, and or hand watering and shall be included in the Contractors bid.

2.Apply a contact non selective herbicide per the written recommendations of a Certified Pest Control Advisor specific to the site- allow 7 days or sufficient time to pass to allow a complete kill of all weeds germinated.

3.Remove all weeds present including any viable root systems and above ground vegetation.

4.Repeat step one for only 7 days and then follow steps 2-3 as above until weed cover is less than 1%.

5.Contractor to indicate on master schedule total grow kill period as part of submittals.

6.Contractor shall call for inspection and verification of the completion of the Grow Kill Period prior to planting.

7.If the Contractor wants to phase the grow kill operation, the Contractor will be responsible for providing plans documenting treatments including start and stop dates, in addition to reporting and requesting additional inspections for verification.

8.Any failure by the Contractor to continually irrigate or miss herbicide or clean up windows as listed above would require the process starting over from step one.

9.Contractor is responsible for the purchase and erection of all signs and barriers required to prevent intrusion into treated areas in addition to all required forms of public notice as required by the PCA responsible for the recommendation, local governing organizations, and or manufacture requirements for the safe and responsible use of products.

10.No material or method applied shall affect the success or ability of hydroseeded or planted material to germinate/thrive.

11.During grow and kill operations the Contractor shall also re-access any possible rodent or herbivore activity and continue removal and or treatment programs to maintain a pest free site and a boundary or buffer zone. This shall include areas outside of planting limits if within the project property to create buffer zones.

3.03SOIL PREPARATION
A.All fine grading and mounding and all weed control measures shall be documented, completed, and approved prior to any soil preparation.

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B.This work shall not commence until the agronomic soils tests have been completed. Should 30 calendar days elapse between completion of soil preparation and commencement of planting, all areas shall be prepared again.

C.In planting areas with gradients less than 3:1, a layer of soil amendments shall be spread and rototilled into the soil to a minimum depth of 4 inches, or as required by the soils report, so that the soils shall be loose, friable, and free from all rocks, sticks, and other objects undesirable to planting.

D.The following soil amendments shall be used for estimating purposes if soil tests are not provided a time of bid and be added per 1,000 square feet to all planting areas with gradients less than 3:1 (agronomic soil test recommendations shall take precedence where these minimum amounts are exceeded). Contractor shall be responsible for any additional cost due to Soil report recommendations and shall have inspected and understood the current soil conditions at time of Bid. (Note: the following is for typical ornamental planting installation- they shall not apply to Native plantings, see Soil Management report for further information if included in plans)

1.3 cubic yards organic amendment

2.200 pounds soil conditioner/fertilizer (Gro-Power Plus)

3.25 pounds gypsum
All landscape areas shall be re-fine graded to "dress out", maintain, and/or reestablish grades and flow lines as approved prior to amending the soil. Fine grades will be inspected upon completion. Contractor shall not proceed with planting work until fine grades have been inspected and accepted by the Landscape Architect
E.Moisture Content - The soils shall not be worked when the moisture content is so great that excessive compaction will occur; and not when it is so dry that dust will form in the air or that clods will not break easy. Water shall be applied, as necessary, to provide ideal moisture content for tilling, planting, and required dust control.

F.Note: Special soil preparation areas such as drainage basins or areas with different agronomic requirements shall be per plan and or notes/details.

3.04FINISH GRADING
A.After completion of all soil preparation work the Contractor shall finish grade all planting areas filling as needed or removing surplus dirt, removing rocks and debris over 1 inch in diameter, and floating to a smooth uniform grade. All areas shall slope to drain. Flow lines shall be established to inlets, road curbs and/or other drainage means as shown on the plans and as directed.

3.05PLANTING
A.Prior to planting the Contractor shall dig test planting holes for percolation tests.

Per direction of the Landscape Architect, locations shall be selected to address all soil types and situations on site, such as examples for slope, exposure, soil type, etc. Holes will be dug to the depth per planting details and filled to 25% capacity with water. Test start time will be documented and checked every half hour until fully infiltrated to ensure proper drainage. Any areas found to not infiltrate per the recommended time frame will require additional drains and specialized planting techniques per the details for Trees and Shrubs in Wet Soils, which require deeper pits, additional gravel sumps, and drain pipes.

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B.Trees and Shrubs: Plant holes shall be dug to size as indicated in the drawings.

Before trees and shrubs are set in the holes, all holes shall be pre-watered as follows:

All planting holes shall be filled to the brim with water and allowed to drain before any planting is done. If water does not drain out of hole within 24 hours, this fact must be brought to the attention of the Landscape Architect so that corrections can be made. Correctional work shall not be considered an extra, as it will be the Contractors sole responsibility as part of soil preparations to remedy any localized soil issues.

C.Soil surrounding planting pit shall be in a friable condition and moist to a depth of 8".

D.Backfill using specified soil mix per the details to within 8" of finish grade. At this depth, place the fertilizer tablets or Mycro packs/ tabs per details. Complete backfilling to finish grade.

E.Plants and Trees shall be planted at such a depth that the crown roots bear the same relative position to finish grade as they did to the soils where they were grown. At no time shall the soil level be raised around the crown. Backfill after planting shall be compacted carefully into place without injuring the roots of the tree or breaking up the ball of earth surrounding the roots.

F.Contractor shall create and mound soil as required for water basins per the details including adding slope guards, stones for root cover/ soil moisture protection on southwestern exposures, trunk protection, and additional straw wattles when required.

G.All excess soil spoils and excavated debris shall be removed from the site by the Contractor.

3.06GROUND COVER AND VINE PLANTING
A.Soil preparation and fine grading shall be completed prior to ground cover planting.

B.Mulch and fertilize ground cover areas per Section 3.03, part D. of planting specifications.

C.All rooted ground cover and bare dirt areas are to be treated with a pre- emergent chemical (subject to approval by the Landscape Architect prior to application). Chemicals are to be applied by a DPR Qualified or Certified applicator. This treatment shall be applied at the following times during the contract: a) before planting, b) at beginning of plant establishment period, and c) at the end of plant establishment period. The Owners Representative / Landscape Architect shall be given a minimum of 48 hours (2 working days) notice prior to each application. No chemicals shall be applied other than in the presence of the inspector.

D.Ground cover shall be planted below all shrubs and trees to within 12" of the shrub main stem unless otherwise noted on the plans.

E.Ground cover and vines shall be planted in moist soil and spaced as indicated on the plans.

F.Each plant shall be planted with its proportionate amount of flat soil to minimize root disturbance. Soil moisture shall be such that the soil does not crumble when removing plants.

G.Following planting, ground cover and vine areas shall be regraded to restore smooth finish grade and to ensure proper surface drainage. All excess soil spoils and excavated debris shall be removed from the site by the Contractor.

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H.A 3-inch layer of mulch per plans shall be spread over the planted areas.

Watering shall begin immediately following mulching.

I.When necessary to prevent plant damage from pedestrian traffic during the initial growing stage, the Contractor shall erect temporary protective fencing to be removed at the end of the plant establishment period.

J.Vines shall be tied to walls, fences, etc., in the manner prescribed on the plans.

Temporary staking shall be removed at the beginning of the plant establishment period.

3.07TREE STAKING
A.Stake trees as per planting details. No bare metal wire shall circle any part of any tree.

B.All nursery stakes shall be removed at the time of planting.

C.Contractor to adjust staking as needed for locations in high wind areas, including adding more restraints and stakes per the plans and current ISA guidelines at no additional cost.

3.08WATERING
A.It shall be the Contractor's responsibility to maintain a balanced watering program to ensure proper growth until final acceptance of the work.

B.Immediately after planting, apply water to each tree, shrub or vine. Apply water using a gentle spray pattern via a water wand in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground.

C.Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times per the plants requirements, well below the root system of plants.

D.For hydroseed installation using Eco Mat or other subsurface irrigation the contractor will be responsible for any head adjustments or hand watering required to germinate the seeds against any hardscape buffer areas (typically 24”) at no additional cost.

E.Irrigation:

1.Contractor shall properly and completely maintain the irrigation system.

Contractor to program controller per watering schedule on irrigation plans and adjust in the field as necessary. Overhead irrigation areas to have a maximum run time of 15 minutes per cycle with additional cycles as needed. At no time will run off or erosion be allowed.

3.09MULCHING
A.Contractor to apply a 3" minimum mulch layer to all planting areas unless specified as other ground cover treatment by the plans.

B.Contractor to keep mulch from plant trunks as follows:

1.Shrubs shall have 3" of clearance from trunks/main stems to mulch

2.Trees shall have 6" of clearance from crown/ base of the flare to mulch

3.10PLANT PROTECTION
A.The Contractor is responsible for all aspects of protection of the installed landscape from loss or damage through the Plant Establishment and Maintenance periods until the final acceptance via written notice. This shall

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include any additional materials or protection methodologies such as but not limited to ground wire cages, shields, trunk covers, shading, herbivore protection above/below via product use or trapping and or removal, application of deterrents, and Pest and Insect control.

3.11PRUNING
A.All shrubs and trees shall be pinch pruned as necessary to encourage new growth and to eliminate rank sucker growth. Old flowers, and dead foliage and limbs shall be removed. No major pruning shall be done without the approval of the L.A. Any damage to shrubs and trees that drastically changes structure and or appearance shall require the Contractor to replace in kind with an approved replacement at no additional cost per the direction of the Landscape Architect.

3.10MAINTENANCE
A.All areas landscaped by Contractor under this contract shall be maintained by said Contractor for a minimum plant establishment period of not less than ninety (90) days or as called for by the Contract documents from the date of written acceptance of initial installation and substantial completion per the requirements of the plans, specifications, and contract documents.

3.11START OF PLANT ESTABLISHMENT
A.Criteria for start of plant establishment period:

1.The plant establishment period shall not start until all elements of the project that impact the landscape are completed in accordance with the contract documents. Projects will not be segmented into phases.

2.Permanent Water and Power to remote controllers shall be established.

3.Fully automatic irrigation including acceptance of installation and as- builts/controller charts.

4.Written acceptance of the Owners Representative must be obtained prior to the start of the plant establishment period.

5.If the project maintenance fails to continuously meet standards required, the plant establishment period "day count" will be suspended and will not recommence until Contractor has corrected all deficiencies.

6.The 90-day establishment period is the minimum required and will be extended as needed at no additional cost to remedy issues and bring the project into compliance.

3.12LANDSCAPE MAINTENANCE (PLANT ESTABLISHMENT)
A.Refer to section 32 90 05 Landscape Maintenance

3.13CLEAN UP
A.Upon completion of the work, the Contractor shall smooth all ground surfaces; remove excess materials, rubbish, debris, etc.; sweep adjacent streets, curbs, gutters, walkways, and trails; and remove construction equipment from the premises.

B.This shall include power washing all hardscape, site structures, site furnishings to return them to a state of clean and unsoiled. If the finish has been soiled past the ability to be washed off the Contractor shall be responsible to returning it to a new finish state, including repainting, refinishing, and in extreme cases replacing in whole.

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END OF SECTION

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SECTION 32 90 05

LANDSCAPE MAINTENANCE
PART 4 GENERAL

1. SECTION INCLUDES
a. Furnishing and implementing a complete landscape maintenance program to maintain all planting areas from time of Accepted plant installation through the (90) ninety-day or per contract document Plant Establishment Period and accepted Final Completion.

Contractor shall note the (90) ninety-day period is the minimum for plant establishment and that failures of plant performance/establishment and or Contractor failures to properly meet all requirements shall extend the period as deemed necessary by the Owner’s Representative.

2. SCOPE OF WORK
a. Furnish all supervision, labor, materials, equipment and transportation required to maintain the landscape in a thriving condition as it establishes and take root, as specified herein.
1) Care of all lawn and ground cover areas if present, including watering, cutting, edging, trimming, fertilizing and pest control within all ground cover areas as directed herein.
2) Care of all shrubs, trees, and groundcover areas, including watering, cultivation, pruning, fertilization, debris removal, and pest control including but not limited to:
a) All cultivation and soil aeration as necessary to maintain optimum conditions for plant growth.
b) Fertilization of all plant material on a regular schedule, including soil testing as necessary to determine requirements and application methods with reference to the project soil analysis.
c) All pruning, re-staking, tightening or adjustment of guy wires or straps and trimming of plant material that is required in landscape areas to promote growth and proper structure.
d) Control and/or prevention of diseases, insect and or rodent infestation using methods and techniques approved by State Licensing Agency. 3) Supplemental watering of plant material on a regular basis through use of automatic irrigation systems and/or hand watering as needed, while consistently monitoring and adjusting water needs to maintain optimum conditions for plant growth per each species/ hydrozones requirements.
4) Maintenance of irrigation systems, including adjustment of heads and valves and regular controller program updating, cleaning of filters, and fertilizer injection systems if included per plans.
5) General maintenance of the site and associated amenities including removal of litter and debris, cleaning of site features, graffiti removal, and reapplication of any anti- graffiti coatings as required.

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6) Replacement of plantings, or other materials, that, in the Owner's Representatives opinion, require replacement due to failure, decline or the Contractor's neglect in care or maintenance at no cost to owner.
7) Protection of Property and Landscape During Inclement Weather: During periods of inclement weather, Contractor shall provide supervisory inspections of the project during regular hours to prevent of minimize possible damage from storms or weather events. Contractor shall report any storm damage to Owner’s Representative.
8) Protection of Existing Facilities and Structures: Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above and below grade from maintenance activities- any damage from equipment or personnel shall be repaired or replaced immediately to the original condition of a new installation.
9) Project Inspection: Contractor will meet with Owners Representative per approved schedule to verify compliance with specifications. Following each meeting, Contractor will submit written reports noting problems cited during inspections and any actions taken.
10) Work Schedule: A monthly schedule shall be prepared and submitted to the Owner prior to the beginning of each month. Schedules shall indicate times, days of the week and type of work to be performed including manpower for approval. b. Section also includes notification and coordination with the Recreation & Park Department if present prior to completion of the Plant Maintenance Period.

3. RELATED WORK
a. Section 32 84 00 – Planting Irrigation
b. Section 32 90 00 – Planting

4. REFERENCE STANDARDS
a. Plant Material Standards: “American Standard for Nursery Stock”, current edition, American Association of Nurserymen.
b. Staking and Guying Procedures: "Staking Landscape Trees", University of California Extension Publication #2576.
c. Pruning Procedures: "Pruning Landscape Trees", University of California Extension Publication #2574.
d. ISA standards and BMP

5. WORK FORCE
a. Supervision: Contractor shall furnish competent supervisors, to be present on the job site at all times during which work is being performed. Supervisors must possess adequate technical background, preferably with formal education in ornamental horticulture. Supervisors must be English speaking and preferably bilingual (in Spanish) if crews are Spanish speaking.
b. General Personnel: In addition to Supervisors, Contractor shall supply sufficient working personnel capable of promptly accomplishing, on schedule, all work required under this contract during regular hours.

UNIVERSITY PARKWAY EXTENSION - MEDIAN &
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c. All such personnel shall be physically able to perform their assigned work. The Contractor and his employees shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed in uniforms and suitable attire. All maintenance staff shall have ID badges and the current PPE as required by OSHA. The Owner may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the Owner. All personnel shall be U.S. citizens or legal residents.

6. WARRANTY
a. Refer to Section 32 90 00 – Planting.

7. SCHEDULE
a. Submit a proposed maintenance work schedule to the Owner’s Representative in writing for review at least 10 days prior to commencement of maintenance work. All maintenance work shall be done at times approved by the Owner’s Representative so as not to conflict with the operation of the project.
b. Project site must be visited twice weekly for the first (30) days and once weekly as a minimum thereafter until the end on establishment.
c. For Projects with extended maintenance periods over 90 days see below for a reference of general required activities.

Frequency Per Month:

Operation JAN FEB MA
R
AP
R
MA

Y JUN JUL AU
G
SEP
T
OC
T
NO
V
DE
C
Site Check 4 4 4 4 4 4 4 4 4 4 4 4
Debris
Removal 2 2 3 3 4 4 4 4 3 3 2 2
Pruning 0 1 0 0 0 0 0 0 0 1 0 0
Weed
Control 0 2 3 3 4 4 4 4 3 2 2 0
Clean +
Sweep 2 2 3 3 4 4 4 4 4 4 2 2
Irrigation
Adjustment 1 1 1 1 2 2 2 2 2 1 1 1

UNIVERSITY PARKWAY EXTENSION - MEDIAN &
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8. TECHNICAL SPECIFICATIONS
a. Turf-Mow-Edge
1) Mowing
a) All turf areas shall be mowed once per week at a minimum- adjustments to mowing’s per week may be directed dependent on turf and season. b) Work shall be performed on the same day each week. Initial week schedule and any changes must be approved by the Owner prior to implementation. c) Mowing’s missed visits due to inclement weather or ground conditions from such weather shall be rescheduled and completed within 3 work days on weekly schedule and within 7 days on bi-weekly schedule. d) Cutting heights shall be adjusted according to the type of grass in accordance with the following:

TURF TYPE TIME OF YEAR
CUT
HEIGHT
Bluegrass and
Fescue
June through September 3”
Bluegrass and
Fescue
September through May 2”
St. Augustine Year-Round 2-1/4"
Bermuda Year-Round 3/4"
Buffalo Grass Year-Round 1-1/2”
e) All warm season grasses to include Bermuda, Buffalo and St. Augustine shall be mowed with a power-driven reel type mower. Bluegrass and Fescue may be mowed with either power-driven reel type or rotary type mowers. All equipment shall be adjusted to the proper cutting heights and shall be adequately sharpened.
f) All visible grass clippings shall be collected and removed from the site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first.
g) All trash, leaves, paper and other debris shall be removed and disposed of off- site prior to mowing.
h) All walkways, roadways, trails or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first. 2) Edging
a) All turf grass borders shall be neatly and uniformly edged or trimmed concurrent with every mowing with bladed tools- no string trimmers will be allowed for edging.
3) Turf Maintenance
a) All turf areas shall be irrigated as required to maintain adequate growth and appearance.
b) Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall and shall recommend appropriate changes in duration of watering cycles. No actual changes will be implemented without prior approval of the Owner.

UNIVERSITY PARKWAY EXTENSION - MEDIAN &
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c) Special areas of consideration:
(1) Special irrigation zones may exist such as, sub irrigation zones for turf adjacent to hardscape. In some situations, for example in hydroseeded applications, the Contractor shall hand water as required for initial germination and establishment as part of the installation and establishment period if deemed necessary. This will be included with the contract price and no additional cost or charges will be allowed. 4) Weed Control
a) A regular program of approved chemical application shall be used to control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary.
b) In areas of native planting, hand removal may ne the only method allowed. 5) Fertilization
a) All turf areas shall be fertilized in accordance with soils report, specific turf requirements and or recommendations when granular fertilization is used; if no soils report exists, the following criteria shall prevail.

TURF FORMULA RATE CYCLE
Bluegrass 16-6-8 w/trace elements 1 lb. actual nitrogen/ 1,000 S.F. 45 days
Bermuda
Ammonia Nitrate 33.5-0-
0 16-6-8 w/trace elements
1 lb. actual nitrogen/
1,000 S.F. 45 days
Fescue 16-6-8 w/trace elements 1 lb. actual nitrogen/
1,000 S.F. 45 days
St. Augustine Ammonia Nitrate 33.5-0-
0 1 lb. actual nitrogen/
1,000 S.F. 45 days
Buffalo grass Manufacture approved
crab grass preventer Per manufacturer 45 days
b. Fallen Vegetation and Debris Removal
1) The contractor shall police the entire project area including all paved areas, planters, lawn areas, sidewalks (including common area sidewalks) and trash enclosures and collect fallen leaves, branches and limbs regardless of length or diameter, dead vegetation, paper, trash, cigarette butts, garbage, rocks, and any and all other debris to prevent unsightly and inordinate accumulations during normal maintenance working hours. Sidewalks shall be swept or washed as necessary to keep free of trash and graffiti. Collected items shall be promptly removed and taken to a legal disposal site.
c. Removal of Dead Animals or animal waste
1) Removal and legal disposal of animal carcasses and animal waste are considered a normal maintenance task for the duration of the maintenance period. Dead carcasses shall be legally removed immediately when discovered by the contractor.

For areas that include dog parks all animal waste shall be immediately removed once discovered by the contractor.
d. Erosion Control

UNIVERSITY PARKWAY EXTENSION - MEDIAN &
STREETSCAPING IMPROVEMENTS 166 SPECIFICATIONS
1) Any installed erosion control measures such as straw wattles, silt fences, sand/gravel bags, etc. are to be continually maintained throughout the project by the Contractor. This shall include sediment/soil removal and replacement, BMP maintenance and replacement to due to damage, failure, or end of life. 2) The contractor is responsible for daily visual inspection of landscape areas and slopes and immediately reporting areas experiencing erosion to the landscape architect and/or owner's representative on the same day noticed. If the contractor fails to notify the landscape architect and/or owner's representative of areas experiencing erosion on the same day noticed, then the contractor assumes full responsibility for any erosion control measures and/or repairs as directed by the landscape architect and/or owner's representative at no additional cost to the owner.
3) The contractor is responsible for immediately repairing and correcting any progressive rilling that may occur.
4) Erosion control measures may include but not be limited to:
a) Filling
b) Raking
c) Redirecting runoff
d) Properly programming irrigation operations
e) Replanting
f) Replacing mulch
g) Providing additional erosion control materials such as:
(1) Jute matting
(2) Filter Fabric
(3) Hay bales
(4) Hay rolls
(5) Silt fencing
(6) Sand Bags
(7) And/or other erosion control items as required to maintain healthy plant material and stable slopes.
e. Additional erosion control measures required due to irrigation operations programmed by the contractor that did not take into account cycle and soak functions of the controller will be installed and/or repaired as directed by the landscape architect and/or owner's representative at no additional cost to the owner.
f. Mulch replenishment
1) Contractor to replenish mulch levels as required to match installation levels with the same type as listed in the documents

9. PROTECTION
a. Maintain all planting areas from time of plant installation, through the Plant Establishment Period and final acceptance, in accordance with Standard Specifications. b. Maintain weed levels to less than 5% of total area with a final goal of less than 3% at completion of the establishment period.
c. Maintenance also includes temporary fences, barriers, and signs as required for protection.

UNIVERSITY PARKWAY EXTENSION - MEDIAN &
STREETSCAPING IMPROVEMENTS 167 SPECIFICATIONS
d. The Contractor shall treat or replace any plant that becomes damaged, fall in decline or be injured, as directed by the Owner’s Representative at no additional cost to the Owner. e. The Contractor shall be responsible for protecting the health and function of the soil including;
1) Maintaining mulch cover
a) Using powered blowers in mulched areas is prohibited. 2) Stripping soil cover and exposing soil is prohibited. 3) Allowing soil to dry out or over watering causing an anaerobic conditions. 4) Compaction of soil due to equipment is prohibited.

If any of the above issues develop or occur during the maintenance period the contractor shall be responsible to correct in full at no cost to the owner, this shall include soil tillage, de-compaction, adding additional amendments, replacing mulch, and removal and replacement of damage soil if mitigation is not feasible.

10. FERTILIZATION
a. Groundcover and all planting shall be fertilized in accordance with soils report recommendations when granular fertilization is used; if no soils report exists, the following criteria shall prevail: apply certified organic compost mulch at the rate of 3 cu yards per 1000 square feet 30 days after installation. Repeat application every 60 days if maintenance period is longer than 90 days. Organic Compost shall be Custom Amendment Mix (WCP 33) by Earthworks Soil Amendments, Inc., 951-782-0260.

PART 5 PRODUCTS
Not used.

PART 6 EXECUTION

1. FIELD QUALITY CONTROL
a. Perform Site Observations: For the purpose of establishing the 90-day Maintenance Period and observing completion of the work of this Section through final acceptance. A minimum of (6) six separate field visits, occurring chronologically as follows:
1) Observation for Maintenance at Commencement
2) 15-day Progress Maintenance Observation
3) 30-day Progress Maintenance Observation
4) 60-day Coordinate Site Meeting with Client’s Site Maintenance Staff 5) 60-day Progress Maintenance Observation
6) 90-day Observation for Final Acceptance
b. Observation for Plant Establishment Period Commencement: Request observation and acceptance by Owner’s Representative after all plant material is installed and after all irrigation work and other work of this Section is completed. Plant Establishment Period shall begin upon acceptance of final planting and review by the Owner’s Representative.

The Period shall continue for a minimum of 90-calendar days until Final Acceptance.

UNIVERSITY PARKWAY EXTENSION - MEDIAN &
STREETSCAPING IMPROVEMENTS 168 SPECIFICATIONS
c. At any time, deficiencies are found such as underperforming plants or a lack of maintenance, the Owner’s Representative will notify the Contractor immediately that the 90-day period has been suspended until such time as the deficiencies are fully corrected. d. The Contractor has 3 days to respond to any notices of deficiencies and make appropriate corrections including plant replacements.

2. PROGRESS MAINTENANCE OBSERVATION
a. General: Notify the Owner’s Representative 72 hours prior to a required scheduled Progress Maintenance Observation. All items determined to be deficient during the previous observation shall be completed prior to the meeting. FAILURE TO DO SO MAY RESULT IN AN EXTENSION OF THE PLANT ESTABLISHMENT and MAINTENANCE PERIOD. In addition, prior to first Progress Maintenance observation, furnish the Owner’s Representative with the following information:
1) An “As-Built” irrigation plan, as specified.
2) All supplier invoices for the nursery stock, commercial fertilizers, soil amendments, mulches and herbicides as shown and specified and as installed. 3) Maintenance schedule for fertilization, irrigation, and for all planting areas. b. Failure to provide the above submittals may result in the re-scheduling of the Progress Maintenance Observations and extend the Maintenance Period. c. Notify the Owner’s Representative in writing, prior to any of the Progress Maintenance Observations of any conditions, which may impede proper plant establishment and or growth.
d. Final Maintenance Observation: Notify the Owner’s Representative at least 7 days before the expiration of the Plant Establishment Period for Final Maintenance Observation. Prior to this observation, all items determined to be deficient during the Progress Maintenance Observations shall be completed and signed-off by the Owner’s Representative.

3. FINAL COMPLETION
a. General: Work under this Section will be accepted by the Owner’s Representative upon satisfactory completion of all work of this Section, Section 32 90 00 Planting, and Section 32 84 00 Planting Irrigation, including 90-Day Plant Establishment Period, exclusive of replacement of plant material under the terms of the Warranty. b. Termination of Observation: During any Observations, any landscape item previously identified as deficient in the Progress Maintenance Observations and determined by the Owner’s Representative to be still deficient, shall automatically terminate the Final Completion and result in the extension of the Plant Establishment Period an additional 30 days. Additional costs associated with subsequent Observations that are a result of the Contractor’s failure to correct deficient items shall be paid by the Contractor. There shall be no conditional final completion agreement for any work.

4. NOTIFICATION TO OWNER FOR TRANSFER OF MAINTENANCE
a. At least one month prior to the end of the 90-Day “Plant Establishment Period,” the Contractor shall notify the Owner’s Representative to coordinate a meeting between the Recreation & Park Department staff and the Contractor to ensure a smooth transition for turn-over of plant maintenance.

UNIVERSITY PARKWAY EXTENSION - MEDIAN &
STREETSCAPING IMPROVEMENTS 169 SPECIFICATIONS

END OF SECTION

UNIVERSITY PARKWAY EXTENSION - MEDIAN &
STREETSCAPING IMPROVEMENTS 169 SPECIFICATIONS
UNIVERSITY PARKWAY EXTENSION –
LANDSCAPIN 170 PLANS AND DRAWINGS

PLANS AND DRAWINGS
"THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. STANDARD DRAWINGS

2. GEOTECHNICAL REPORT

3. APPROVED DWR ENCROACHMENT PERMIT AND CONDITIONS FOR

UNVERISTY PARKWAY EXTENSION PROJECT, WITH APPROVED PLANS NOTE: Item 1 above will be uploaded to PLANETBIDS separately.

Item 2 and 3 above will be combined and uploaded on PLANETBIDS.

UNIVERSITY PARKWAY EXTENSION –
LANDSCAPIN 170 PLANS AND DRAWINGS

PROJECT SIGN
UNIVERSITY PARKWAY EXTENSION –

LANDSCAPIN
171 ROJECT SIGN

CITY OF SAN BERNARDINO
Building a Better San Bernardino

UNIVERSITY PARKWAY EXTENSION - MEDIAN AND

STREETSCAPING IMRPOVEMENTS
PROJECT No. SS04-009B

Estimated Completion: Spring 2026
Funding Provided By: Regional Circulation System
Council Ward: 6
Helen Tran, Mayor
Eric Levitt, City Manager
Council Members: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, Damon Alexander For more information, please call the Engineering Department (909) 384-5019 Size: 4’ Vertical by 8’ horizontal. Material: ½” Plywood with graffiti laminate. Colors: White background, blue and black graphics, full color logo.

PROJECT SIGN
UNIVERSITY PARKWAY EXTENSION –

LANDSCAPIN
171 ROJECT SIGN
UNIVERSITY PARKWAY EXTENSION –

LANDSCAPIN
172

Mayor and City CouncilJanuary 21, 2026

Mayor and City Council
January 21, 2026