San Marino City Council
February 25, 2022

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 42 Prj. No. 52-4150
After completion of all other work on the Project and before making application for final acceptance of the Work, the Contractor shall clean the Work Site of the Contractor’s operations, including all areas under the control of the Agency that have been used by the Contractor in connection with the Work on the Project, removing all debris, surplus material, equipment and all temporary construction for facilities of whatever nature, unless otherwise approved by the Agency. Final acceptance of the Work by the Agency will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up on the Work Site.

All costs for general worksite maintenance shall be included in the various items of work costs and there shall be no additional costs to the Agency.
3-12.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, equipment exhaust, or any other air contaminants into the atmosphere in such quantity as will violate any Federal, State, or local regulations. The Contractor shall also abate dust nuisance by cleaning, sweeping and spraying with water, or other means as necessary.

The Contractor shall use low Sulphur fuel (0.5% by weight) for construction equipment, shall phase and schedule construction activities to avoid high ozone days, and shall maintain equipment engines in proper tune.

The Contractor shall not, in connection with the Work, discharge any smoke, dust or other contaminants into the atmosphere or discharge any fluids or materials into any lake, river, stream, or channel as will violate the requirements or regulations of the Corps of Engineers, Department of Fish & Game or any other legally constituted authority. The Contractor shall control accumulation of waste materials and rubbish and dispose of waste materials and rubbish off-site on (at least) weekly intervals. Burning of materials is not permitted.
3-12.3 Noise Control. Noise generated from the Contractor’s operations shall be controlled as specified in the Special Provisions. The contractor shall not make any noise at or near the Project before or after the allowed and approved work times.
3-12.4 Storage of Equipment and Materials
3-12.4.1 General. Materials and equipment shall be removed from the Work site as soon as they are no longer necessary. Before inspection by the Engineer for acceptance, the Work site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance.

Excess excavated material shall be removed from the Work site immediately unless otherwise specified in the Special Provisions.

Forms and form lumber shall be removed from the Work site as soon as practicable after stripping. 3-12.4.2 Storage in Public Streets. Construction materials and equipment shall not be stored in streets, roads, or highways for more than 5 days after unloading unless otherwise specified in the Special Provisions or approved in writing by the Engineer. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored at a location approved by the Engineer.

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 43 Prj. No. 52-4150
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise specified in the Special Provisions or approved in writing by the Engineer.

Immediately after placing backfill, all excess excavated material shall be removed. 3-12.4.3 Storage on Private Property. The Contractor and all Subcontractors shall minimize the effects of construction operations upon private properties adjacent to the Work.

Prior to storing equipment or material on private property, the Contractor shall provide copies of all letters of permission or written agreements executed by affected property owners for the purpose of granting trespass rights to enter upon, stockpile or store Contractor’s supplies and equipment. The Contractor shall, as a penalty to the City, forfeit $100 per day as a fine for each affected parcel as determined in the sole discretion of the Engineer for failure to provide copies of such documentation to the Engineer prior to storing equipment or material on private property. Said fine or fines will be deducted from the Contractor’s subsequent monthly progress payment. The Contractor is solely responsible to initiate contact and negotiate agreement with property owners if the Contractor should desire to use private property for storage or other purposes.

Materials or equipment placed on private property without owner’s consent or in breach of owner/contractor agreement shall constitute ground for immediate issuance of a stop work notice to the Contractor. The Contractor shall then be required to suspend all operations until affected property is cleaned up and restored to original condition.

Additional contract days will not be granted due to stop work action against Contractor. Stop Work action(s) shall not be the basis for any additional compensation. 3-12.5 Sanitary Sewers.
3-12.5.1 General. The flow of sewage shall not be interrupted. Should the Contractor disrupt the operation of existing sanitary sewer facilities, or should disruption be necessary for performance of the Work, the Contractor shall bypass the sewage flow around the Work. Sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches nor be covered by backfill.

Whenever sewage bypass and pumping is required by the Plans or Specifications, or the Contractor so elects to perform, the Contractor shall submit a working drawing detailing its proposed plan of sewage bypass and pumping.
3-12.5.2 Sewage Bypass and Pumping Plan. The plan shall indicate the locations and capacities of all pumps, sumps, suction and discharge lines. Equipment and piping shall be sized to handle the peak flow of, the section of sewer line to be bypassed and pumped. Bypass piping, when crossing areas subject to traffic loads, shall be constructed in trenches with adequate cover and otherwise protected from damage due to traffic. Lay-flat hose or aluminum piping with an adequate casing and/or traffic plates may be allowed if so approved by the Engineer. Bypass pump suction and discharge lines that extend into manholes shall be rigid hose or hard pipe. Lay flat hose will not be allowed to extend into manholes. The Contractor shall provide a backup bypass pumping system in case of malfunction. The backup bypass system shall provide 100 percent standby capability, and be in place and ready for immediate use. Each standby pump shall be a complete unit with its own suction and discharge piping. In addition to the backup system, the Contractor shall furnish and operate vacuum trucks when required by the Plans or Special Provisions.

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 44 Prj. No. 52-4150
3-12.5.3 Spill Prevention and Emergency Response Plan. The Contractor shall prepare and submit a spill prevention and emergency response plan. The plan shall address implementation of measures to prevent sewage spills, procedures for spill control and containment, notifications, emergency response, cleanup, and spill and damage reporting.

The plan shall account for all storm drain systems and water courses within the vicinity of the Work which could be affected by a sewage spill. Catch basins that could receive spilled sewage shall be identified. Unless otherwise specified in the Special Provisions, these catch basins shall be sealed prior to operating the bypass and pumping system. The Contractor shall remove all material used to seal the catch basins when the bypass and pumping system operations are complete.

The Contractor shall be fully responsible for containing any sewage spillage, preventing any sewage from reaching a watercourse, recovery and legal disposal of any spilled sewage, any fines or penalties associated with the sewage spill imposed upon by the Agency and/or the Contractor by jurisdictional regulatory agencies, and any other expenses or liabilities related to the sewage spill. 3-12.5.4 Payment. All costs associated with the development and implementation of the sewer bypass system and Spill Prevention and Emergency Response Plan shall be paid in accordance with the line item “Sewer Bypass”, if the is no line item then all costs shall be included in the various relevant line items and there shall be no additional costs to the Agency.
3-12.6 Water Pollution Control. The Project requires storm water pollution control measures. 3-12.6.1 General. The Contractor shall become fully informed of and comply with the applicable provisions of the above referenced Permits and federal, state and local regulations that govern the Contractor’s operations and storm water discharges from both the Project site and areas of disturbance outside the Project limits during construction. Unless arrangements for disturbance of areas outside the Project limits are made by the City and made part of the contract, it is expressly agreed that the City assumes no responsibility to the Contractor or property owner whatsoever with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the Project limits.
3-12.6.2 Best Management Practices (BMPs). It is possible that storm, surface, and possible ground or other waters will be encountered at various times and locations during the Work. Such waters may interfere with the Contractor’s operation and may cause damage to adjacent or downstream private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the Contractor. The Contractor assumes all said risks and acknowledges that the Contractor’s bid was prepared accordingly.

The Contractor shall conduct operations in such a manner that storm or other waters may proceed without obstruction along existing street and drainage courses. Drainage of water from existing or proposed catch basins shall be maintained at all times. Diversion of water for short reaches to protect construction in progress will be permitted in areas and in a manner whereby public or private properties are not damaged, or in the opinion of the Engineer, are not subject to the probability of damage. The Contractor shall maintain and provide drainage control throughout and adjacent to the Project Site at all times during the construction contract.

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 45 Prj. No. 52-4150
The work includes but is not limited to:
a) The exercise of care and the execution of every reasonable precaution by the CONTRACTOR as required by the conditions of the site, weather and construction activities involved;
b) The prevention, control and abatement of waterborne silts, sediments, earth materials, inorganics, chemicals, construction materials, trash, and debris in order that pollution of the existing onsite and downstream watercourses is prevented or minimized. c) The implementation or construction of various devices, facilities, or features shown on the Plans;
d) The implementation or construction of any devices, facilities, or programs as required conditions of any regulatory agency permits for the Project. The work therefore includes, but is not limited to, the construction and/or installation of temporary devices such as hay (straw) bales; silt fences; gravel bags; erosion control netting, fabric, blankets, or mats; silt or sediment basins; dikes or berms; swales, linings; ponds; diversion structures, pipes, and related facilities. e) Cleaning, repairing, silt and sediment removal, maintenance and the removal of devices.

Unless other more restrictive requirements are specified elsewhere in the General Conditions or these Special Provisions, or as a requirement of regulatory or other agency permits, the following minimum provisions shall be met:
a) Equipment and workers for emergency work shall be made available at all times during the rainy season. All necessary materials shall be stockpiled on site at convenient locations to facilitate rapid construction of temporary devices when rain is imminent. b) Devices shown on the Plans shall not be moved or modified without the approval of the Engineer.
c) The Contractor shall restore all erosion control devices to working order to the satisfaction of the Engineer after each runoff-producing rainfall.
d) The Contractor shall install additional erosion control measures as may be required by the Engineer due to uncompleted grading operations or unforeseen circumstances which may arise.
e) The Contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas when impounded waters create a hazardous condition. f) During the rainy season and when rainfall is probable, graded areas around the project perimeter must drain away from the face of slope at the conclusion of each working day. g) All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds 40 percent.

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 46 Prj. No. 52-4150
Compliance with the requirements of this section shall in no way relieve the Contractor from its responsibility to comply with the other provisions of the contract and in particular its responsibility for damage and for preservation of property.

Failure to take said measures satisfactory to the Engineer or regulatory agencies having jurisdiction will subject Contractor to orders to cease operations. Any losses to Contractor associated therewith shall be at Contractor’s sole expense.
3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP). If the City does not provide a SWPPP and when so specified or if so required by a jurisdictional regulatory agency, the Contractor shall prepare and submit per 3-8 a SWPPP in conformance to the requirements specified by the jurisdictional regulatory agency. The Notice of Intent will be filed by the City. The SWPPP shall be prepared by a qualified QSD.

The Contractor shall provide a Qualified Storm Water Practitioner (QSP) and a Qualified Storm Water Developer (QSD), including, but not limited to, all necessary tools, equipment, testing devices, materials, facilities, and resources to perform all testing, reporting, sampling, laboratory analysis, storm water pollution prevention plan creation/modification necessary to comply with all applicable laws, standards, and requirements relating to storm water compliance to the satisfaction of the Engineer.

The QSD and QSP shall not be a direct employee of the Contractor, construction sub-contractor, and/or material supplier, but shall be an independent consultant firm solely hired for QSD/QSP and storm water compliance responsibilities on this project. If the QSD/QSP is an employee of an Engineering firm or similar entity that offers multiple non-construction related services (ex: survey) a waiver or modification to the requirements in this paragraph may be authorized with a formal written request from the Contractor and formal written approval by the Engineer prior to construction activities commencing.

Non-approval of this waiver shall not be cause for delay or extension of working days.

A submittal for the QSD/QSP shall be required within 15 days of the award of the construction contract and shall at a minimum include the qualifications of the specific individual(s) performing these services and proof of their QSD/QSP certifications to the satisfaction of the Engineer. The approval of this submittal shall be required prior to start of any construction related activities. Disapproval or resubmittal of the QSD/QSP qualifications shall not be cause for delay or extension of working days.

The Contractor shall be solely responsible for preparing (if one is not provided), amending, finalizing and maintaining all requirements in the Storm Water Pollution Prevention Plan (SWPPP) including but not limited to all reporting, testing, Rain Event Action Plan preparation/implementation, and SWPPP plan modifications by a qualified QSP/QSD in conformance with all applicable stormwater laws and regulations.

The Contractor shall maintain all storm water related documents in triplicate. Two (2) copies of all documents shall be given to the Engineer. The Contractor shall ensure one copy of all storm water documents are maintained on site and made available upon demand by the Engineer, other City Staff, or any other agency or entity pertaining to the enforcement of storm water regulations.

The Contractor shall reimburse the City for any fines levied against it from governing agencies arising from non-compliance.

No work having potential to cause water pollution, as determined by the Engineer, shall be performed until the SWPPP has been returned with “no exception taken” by the Engineer.

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 47 Prj. No. 52-4150
Within 15 days after the award of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineers comments. Upon completion of the SWPPP submittal review process, additional copies of the SWPPP, addressing all comments, shall be submitted to the Engineer. Rejection or required resubmittals of the SWPPP shall not be cause for delay or extension of working days. However, in order to allow construction activities to proceed, the Engineer, at his/her sole discretion may conditionally allow limited construction activities to proceed while minor SWPPP revisions are being completed.

The SWPPP shall incorporate control measures in the following categories:

Soil stabilization practices;
Sediment control practices;
Sediment tracking control practices;
Wind erosion control practices; and
Non-storm water management and waste management and disposal control practices.

Specific objectives and minimum requirements for each category of control measures are contained in the Handbook.

The Contractor shall consider the objectives and minimum requirements presented in the Handbook for each of the above categories. When minimum requirements are listed for any category, the Contractor shall incorporate into the SWPPP and implement on the project, one or more of the listed minimum controls required in order to meet the pollution control objectives for the category. In addition, the Contractor shall consider other control measures presented in the Handbook and shall incorporate into the SWPPP and implement on the project the control measures necessary to meet the objectives of the SWPPP. The Contractor shall document the selection process on conformance with the procedure specified in the Handbook.

The SWPPP shall include, but no limited to, the following items as described in the Handbook and Permit:

Source Identification;
Erosion and Sediment Controls;
Non-Storm Water Management;
Waste Management and Disposal;
Maintenance, Inspection and Repair;
Training;
List of Contractors and Subcontractors;
Preparer;
Copy of the BMP Consideration Checklist;
SWPPP Checklist;
Water Pollution Control Drawings.

The Contractor shall amend the SWPPP, graphically and in narrative form. whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters ground waters, municipal storm drain system or when deemed necessary by the Engineer. The SWPPP shall be amended if the SWPPP is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 48 Prj. No. 52-4150
approved SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review by the Engineer in the same manner specified for the initially approved SWPPP. Approved amendments shall be dated and logged in the SWPPP. Upon approval of the amendment, the Contractor shall implement the additional control measures or revised operations.

By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating conformance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 3 days of identification of noncompliance.

SWPPP IMPLEMENTATION
Upon approval of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these Special Provisions, the Contractor’s responsibility for SWPPP implementation shall continue throughout any temporary suspension of work.

The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal.

The Engineer may order the suspension of construction operations which create water pollution if the Contractor fails to conform to the provisions of this section as determined by the Engineer.

MAINTENANCE
To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time needed to address any deficient measures or reinitiate any measures that have been discontinued.

The construction site inspection checklist provided in the Handbook shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. One copy of each site inspection record shall be submitted to the Engineer.

If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected immediately. The correction of deficiencies shall be at no additional cost to the Agency.
3-12.6.4 Dewatering. Dewatering shall be performed in conformance with all applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies. The Contractor shall obtain and pay for all permits necessary for treatment and disposal. Dewatering shall be performed by the Contractor when specifically required by the Plans or Specifications or could have reasonably been assumed to be required at time of bid and as necessary for construction of the Work. Accumulated water shall be treated prior to disposal if so specified in the Contract Documents or required by a permit. The Contractor shall submit a working drawing and related supporting information detailing its proposed plan and methodology of dewatering and treatment and disposal of accumulated water.

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 49 Prj. No. 52-4150
The plan shall identify the location, type and size of dewatering devices and related equipment, the size and type of materials composing the collection system, the size and type of equipment to be used to retain and, if required, treat accumulated water, and the proposed disposal locations. If the proposed disposal location is a sanitary sewer, the Contractor shall submit to the Engineer written evidence of permission from the owner. If the proposed disposal location is a storm drain system or receiving body of water, the Contractor shall submit written evidence of permission from the owner of the storm drain system and, if not obtained by the Agency, original signed permits from jurisdictional regulatory agencies or written evidence that such permits are not required.

Payment for all costs involved for dewatering (if required) shall be paid for as a lump sum item for “Dewatering”. If there is no item for dewatering the cost for all such work, permits and submittals shall be included in the relevant line items or work and there shall be no additional costs to the Agency. 3-12.6.5 Payment. Payment for implementation storm water pollution prevention BMPs and any SWPPP costs (if required) shall be paid for as a lump sum item for “Water Quality Control”. If there is no item for water quality control the cost for all such work, permits and submittals shall be included in various line items and there shall be no additional costs to the Agency. 3-12.6.6 Environmental protection. The Contractor shall comply with all applicable standards, orders, or requirements of the Environmental Protection Agency regulations (40 CFR, Part 15). 3-12.6.7 Flood disaster protection act of 1973. The Contractor shall comply with all applicable standards, orders, or requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001 et seq, as amended).
3-12.6.8 Illness and Injury Prevention Program. The Contractor shall comply with all the mandates of Senate Bill 198 and specifically shall have a written Injury Prevention Program on file with the Agency in accordance with all applicable standards, orders, or requirements of California Labor Code, Section 6401.7. This Program shall be on file at time of Award of Contract. 3-12.6.9 Graffiti Control. The Contractor shall maintain all site improvements, including any temporary facilities, equipment or other materials in a graffiti free condition throughout the construction period, until acceptance of the project by the Agency. The Contractor shall remove graffiti encountered on the job site within twenty-four (24) hours. The Contractor may cover graffiti only in a manner approved by the Engineer if allowed.
3-12.6.10 Noise Abatement and Control. The Contractor shall comply with the provisions of the state and local Noise Abatement and Control regulations. In the event of conflict, the most stringent requirement shall apply. If the Contractor chooses to conduct work activities during times when a Noise Permit is required, the Contractor shall apply for, obtain, and pay for the Noise Permit at no additional cost to Agency.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

The Contractor shall coordinate their activities in such a way that minimizes the disturbance with the any adjacent or nearby schools, businesses, hospitals and residences. The Contractor shall attend any coordination meetings with any schools, businesses, hospitals, HOAs or community groups.

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 50 Prj. No. 52-4150
3-12-6.11 Project Appearance. The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply:
a. Broken concrete, asphalt and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. Stockpiling will not be allowed without prior written approval of the Engineer.
b. 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.
3-12-6.12 Vermin Control. At the time of acceptance, structures entirely constructed under the Contact shall be free of rodents, insects, vermin and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination odors.
3-12-6.13 Payment. Payment for the Work Site Maintenance is included in the relevant bid items unless separate a bid item has been provided. If a separate pay line item is made for one or more of the Work Site Maintenance items all of the costs associated with the remainder of the Work Site Maintenance items shall be included in the relevant line items of work and there shall be no additional costs to the Agency. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion. Upon completion of the project the Contractor shall submit a written assertion that the Work has been completed and request that the Agency conduct a Walk through. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed, usually following the walk through and completion of punch list items. This date of completion will be the effective date of the Agency’s Acceptance when the Contractor is relieved from responsibility to protect and maintain the Work and to which liquidated damages will be computed if applicable; subject to later formal acceptance of the Project by the City Council or governing board of Agency. 3-13.1.1 Requirements Preparatory To Requesting a Walk-through. Walk-through is the procedure used by the Agency to generate a Punch list prior to Acceptance.

The following items shall be required prior to requesting a walk-through:

1. Remove temporary facilities from the Site.

2. Thoroughly clean the Site.

3. Provide completed and signed Redlines in conformance with requirements stated herein.

4. Provide all material and equipment maintenance and operation instructions and/or manuals.

5. Provide all tools that are a permanent part of equipment installed in the Project.

6. Provide and properly identify all keys; construction and permanent.

7. Provide all final Special Inspection reports required by this contract and applicable codes and regulations.

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 51 Prj. No. 52-4150

8. Provide all items that this contract requires to be supplied as extra stock. All items shall be wrapped, sealed, or placed in a container as necessary to allow for storage by the Agency for future use. The amount specified in this contract shall be verified by the Agency and the Contractor.

9. Ensure all certified prevailing wage rate documents and all other documents required by this contract and applicable codes and regulations have been submitted.

10. Provide the spare parts for the proposed irrigation system as specified in the Special Provisions (if applicable).

11. Ensure all salvaged materials have been delivered and accepted by the Agency or entity designated to receive them.

12. See other specification sections for additional requirements. 3-13.1.2 Walk-through and Punch list Procedure. The following procedure outlines the steps to be taken upon the Contractor’s assertion that the Project is complete:

1. When the Contractor considers that the Work and Services are complete, the Contractor shall in writing notify the Agency that the Project is complete and request that the Agency perform a walkthrough for generation of a Punch list. The Contractor shall notify the Agency at least 7 days in advance of the time the walk-through is to be performed.

2. The Agency will determine if the Contractor is ready for a walk-through by verifying whether the Contractor has provided or completed all items as required by 3-13.1.3, “Defective Work,” whether the Contractor has obtained the applicable certifications, and by evaluating completeness by inspecting the Project and the specified Work required by the Contract Documents.

3. If the Work includes underground sewer conduit installations, the inspection will include televising.

4. The Agency will facilitate a walk-through.

5. The Contractor shall make available at the Site for walk-through attendees the plans and specifications and the technical data such as submittals and equipment manuals.

6. The Agency will generate the punch list within 15 Working Days from the date of the walk-through and submit it to the Contractor. The Agency will not provide a preliminary punch list.

7. If The Agency begins to generate a Punch list and finds the Project is not substantially complete or ready for Acceptance as defined herein, the Agency will terminate the walk-through and notify the Contractor in writing.

8. If, at any time during the Agency’s evaluation of the corrective Work required by the Punch list, the Agency discovers that additional corrective Work is required, the Agency may include that corrective Work in the Punch list. The Contractor shall be solely responsible for the Site until the Project is completely operational, all Punch list items have been corrected, all operation and maintenance manuals have been accepted by the Agency, and the Engineer identifies in writing that the work has been completed as of a specific date.

9. The Agency will meet with the Contractor until all Punch list items are corrected. If the Contractor takes longer than 30 Working Days to complete the corrective Work, the Project shall be subject to re-evaluation.

10. During the 30-day stop notice/lien period that commences on the date the NOC is recorded, the Contractor shall submit to the Agency the retention billing. After the Agency receives the retention billing, the Agency will mail to the Contractor a “Release of Claims” form, which shall be completed by the Contractor and returned to the Agency before the retention will be released.

11. Upon Acceptance by the Engineer, the Contractor shall assemble and deliver to the Agency all records, documents, warranties, material certifications, bonds, guarantees, maintenance and service agreements, and maintenance and operating manuals. Written warranties, except manufacturer’s standard printed warranties, shall be on the Contractor’s and the Contractor’s agents, material suppliers, installers, or manufacturer’s letterhead, addressed to the Contractor. Warranties shall be

Multi-year Tree Maintenance and Planting Program Project No. 52-4150 Issued 12-22-21 GP - 52 Prj. No. 52-4150
submitted in the format described in this section, modified as approved by the Agency to suit the conditions pertaining to the warranty.

12. See other specification sections for additional requirements.

The cost of the Contractor’s participation in the punch-list process shall be included in the various items of work and there shall be no additional costs to the Agency. 3-13.1.3 Defective Work. If the Agency finds the Work, or any part of the Work, to be defective, whether or not manufactured, fabricated, installed, completed or overlooked and accepted by the Engineer, the Contractor must, in accordance with the Agency’s written instructions and within the specified time limits, either correct the Defective Work, or, if it has been rejected by the Engineer, remove it from the Site and replace it with non-defective and conforming Work.

1. If, upon notice, the Contractor fails to immediately correct the defective work, or the Contractor fails to correct the defective work in a manner conforming to the Contract Documents, the Engineer may order the Contractor to stop all or part of the Project. The Agency’s right to stop the work does not give rise to any duty on the Agency’s part to stop work for the Contractor’s benefit or the benefit of any other party. The Contractor shall bear all direct and indirect costs and damages that result from the Agency’s stop work notice.

2. At the sole discretion of the Engineer, defective work may be accepted in lieu of requiring the Contractor to correct or remove and replace the defective work. However, the Contractor must bear all direct and indirect costs of the defective work, and compensate Agency for the diminished value to the Project, as determined by the Engineer. If the Engineer’s acceptance of defective work occurs prior to final payment, the Engineer will issue a Change Order incorporating the necessary revisions in the Contract Documents with respect to the defective work and indicating the appropriate decrease in the Contract Price.

3. If the Contractor fails to correct, remove, or replace defective work within 5 Working Days from the date of a written notice from the Engineer, the Engineer may proceed with any correction of defective work undertaken in accordance with this section, including but not limited to contacting subcontractor(s) directly to implement repairs or hiring a repair contractor to complete repairs.

Contractor shall be responsible for the cost of any such repairs. The Agency may take corrective action at any time in the event of an emergency or if the Engineer deems it necessary. If the Contractor fails to correct the defective work in accordance with the Contract Documents or fails to comply with any other provision of the Contract Documents for more than 5 working days from the date of written notice, Agency may (but is not required to) remedy the defective work or non-compliance with the Contract Documents without further notice to Contractor.

4. When Agency undertakes remedial action under this section, Agency may exclude Contractor from all or parts of the Site; take possession of all or parts of the Work; suspend Contractor’s Work or Services; and incorporate into the Project all materials and equipment stored at the Site or for which the Agency has paid but Contractor has stored elsewhere.

5. The Agency will not allow an extension of the Contract Time or milestones because of any delay in the performance of the work attributable to the Agency’s undertaking remedial action to correct defective work.

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6. If Contractor completes the Project or portions of the Project prior to NOC, Contractor must preserve equipment by developing and implementing a preventive maintenance program in compliance with manufacturer’s recommendations.

7. Contractor must repair or replace the traffic signal and lighting system equipment within 48 hours after notification of defects by the Engineer.

8. Contractor shall reimburse the Agency for any claims, costs, losses, and damages incurred by the Agency in remedying any deficiency e.g., all costs of repair or replacement of Defective Work and all costs of repair of any other Work on the Project destroyed or damaged by correction, removal, or replacement of Contractor’s defective work.
3-13.2 Acceptance. Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract; the Engineer will recommend to the City Council or Governing Board of Agency that the Contractor’s performance of the Contract be accepted.
3-13.3 Warranty. The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 1 year form the date the project was deemed complete by the Engineer.

The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.

All warranties, express or implied, from subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Agency, and such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of the Contract.

The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the Agency for the actual costs, the Contractor’s Surety shall be liable for the cost thereof.

The Contractor warranties the Work against defective workmanship and materials additionally as specified below:
a) Two (2) year materials and labor warranty for fiber optic cable. b) Three (3) year materials and labor warranty for LED signal and signal equipment. c) Five (5) year materials and labor warranty for luminaires.

The Contractor must involve the manufacturer in the installation and startup as needed to secure any extended manufacturer warranties required.

Nothing in this contract agreement is intended to limit any manufacturer’s warranty which provides the Agency with greater warranty rights than set forth in this section or the Contract Documents.

These specifications are not intended to constitute a period of limitations or waiver of any other rights or remedies the Agency may have regarding Contractor’s obligations under the Contract Documents or federal or state law.

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Warranty shall include all components. The form of the warranty must be approved by the Engineer.

The warranty documentation must conform to the following requirements:

1. Written warranties, except manufacturer’s standard printed warranties, must be on yours and your agents’, material suppliers’, installers’, or manufacturers’ own letterhead, addressed to and for the Agency’s benefit. Submit warranties in the format described in this section, modified as approved by Engineer to suit the conditions pertaining to the warranty.

2. Obtain warranties, executed in triplicate by responsible Subcontractors and Suppliers, within 10 Working Days after completion of the applicable item of Work. Except for items put into use with the Agency’s permission with date mutually agreed upon in writing, ensure the beginning time of warranty is the Project Completion date designated by Engineer.

3. Verify that documents are in proper form, contain full information, and are notarized.

4. Verify that warranties are signed by both Contractor and the appropriate agent.

5. Retain warranties until the time specified for submittal to the Engineer.

6. Provide warranties to the Agency with a neatly typed table of contents, identifying each warranty with the number and title of the applicable specification section requiring the warranty and the name of the product or Work item.

7. Separate each warranty with index tab sheets keyed to the table of contents listing. Provide complete information using separate typed sheets as necessary. The information must include a list of Subcontractors and Supplier with name, address, and telephone number of responsible principal.

Any work or equipment repaired or replaced under warranty shall be re-warranted for the same period of time as the original warranty beginning on the day of acceptance of the replaced work or equipment by the Agency.
3-14 SITE ACTIVITIES BY THE AGENCY OR SEPARATE CONTRACTORS 3-14.1 Agency’s Right to Award Separate Contracts. The Agency reserves the right to perform work or operations outside the scope of Work of this contract related to the Project with separate contractors. If Work to be performed by another party was not noted in this contract, the Agency will give written notice to the Contractor 10 Working Days prior to the start of any work. If the Contractor determines that the work being performed by others may interfere with, or cause damages to Work being performed by the Contractor, the Contractor shall notify the Agency in writing within 3 Working Days of the Agency’s notice.
3-14.2 Integration of the Work with Separate Contractors. If specified in the Contract Documents, the Contractor shall prepare a plan in order to integrate the work performed by Separate Contractors with the performance of the Work, and shall submit such plan to the Agency for approval.

The plan shall be fair and reasonable for the Contractor and the Separate Contractors, and the Contractor shall work with the Separate Contractors to reach agreement on such plan. The Contractor shall arrange the performance of the Work so that the Work and the work of the Separate Contractors are, to the extent applicable, properly integrated, jointed in an acceptable manner, and performed in the proper sequence so that any disruption or damage to the Work or to any work of Separate Contractors is avoided.

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The cost of coordinating traffic control and attending project coordination meeting shall be included in the various line items of work and there shall be no further costs to the Agency.

If part of the Project work depends on proper execution or results upon construction or operations of a separate contractor, prior to proceeding with that portion of the Work, Contractor shall promptly report to the separate contractor and the Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for proper execution and results by Contractor. Contractor shall use good faith efforts to resolve any such discrepancies or defects or any related disagreements. Contractor’s failure to report apparent discrepancies or defects in such other construction to the Engineer constitutes Contractor’s acceptance of the work of separate contractors as fit, proper, and coordinated with the Work.

3.14.3 Flow and acceptance of water. It is anticipated that storm, surface, or other waters will be encountered at various times during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that it has investigated the risk arising from such waters and has prepared its bid accordingly; and Contractor submitting a bid assumes all said risk.

The Contractor shall conduct its operations in such a manner that storm or other existing waters may proceed uninterrupted along their existing street or drainage courses. Diversions of water for short reaches to protect construction in progress will be permitted if public and/or private properties, in the opinion of the Engineer, are not subject to probability of damage. The Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water outside of public right-of-way will be permitted.

3.14.4 Notice of third party claims. Pursuant to Public Contract Code Section 9201, the City will provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

Contractor shall attempt to verify and resolve claims promptly.

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SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Used or secondhand materials, parts, and equipment may be used only if so specified in the Special Provisions.

The quality of materials and workmanship shall be subject to approval by the Engineer. Materials and workmanship of quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Work site by the Contractor, at its expense, when so directed by the Engineer.

If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor.
4-2 PROTECTION
4-2.1 Property Rights in Material. Nothing in the contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil. All such materials shall become the property of the Agency upon being so attached or affixed.
4-3 Inspection Requirements
4-3.1 General. Except as specified in the Contract Documents, the Agency will bear the cost of testing locally produced materials and/or on-site materials and workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractor.

The Contractor shall pay for the cost of any re-testing of materials for failure of the original test of any materials by the Agency deduction said costs from any payment due.

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.

At the option of the Engineer, the source of supply of each of the materials to be incorporated in the Work shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. 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.

Compaction tests may be made at any location along the work as deemed necessary by the Engineer.

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Additional materials and fabricated items which require inspection at the source shall be as specified in the Special Provisions.

Steel pipe in sizes less than 18 inches (450mm) and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency.

Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the Work site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source for performance testing only. Inspection at the source for other items shall be as specified in the Special Provisions. 4-3.2 Inspection by the Agency. The Agency will provide inspection and testing laboratory services within the continental United States within a 50-mile radius of the geographical limits of the Agency.

Inspection and testing laboratory services beyond this radius or outside the continental United States shall be provided by the Contractor and approved by the Engineer. 4-3.3 Inspection of Items Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles (80km) outside the geographical limits of the Agency or outside the United States, an inspector or accredited testing laboratory approved by the Engineer, shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall evaluate the materials for conformance with the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No materials or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the requirements of the Contract Documents.
4-4 TESTING. Before incorporation into the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. 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. If the Contractor is to provide and pay for testing, it will be so specified in the Special Provisions.

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.

Third party independent testing and quality control testing shall be performed within the United States. 4-5 CERTIFICATE OF COMPLIANCE. 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.

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The Engineer may waive the materials testing requirements of the Specifications 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.
4-6 TRADE NAMES. The Contractor may supply any of the materials specified or offer an equivalent.

The Engineer will determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination.

A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the Contract Documents.

The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function.

Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer.

If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material.

The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this subsection.

The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole judgment of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and/or suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency.
4-7 WEIGHING AND METERING EQUIPMENT. Scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Sealer, or by a scale mechanic registered with or licensed by the County.

The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the Business and Professions Code and the Code of Regulations pertaining to weighing devices. A Certificate of Compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency.

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Scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down.

Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch.
4-8 CALIBRATION OF TESTING EQUIPMENT. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strainmeasuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property that is not a part of the Work and shall exercise due caution to avoid damage to such property.

The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of the Contractor’s operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped.

Repairs and replacements shall be equal or better to existing improvements and shall match them in kind, manufacturer, model, finish and dimension.

The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way, which are designated for removal and would be destroyed because of the Work.

All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid.

Contractor shall replace/repair any property or private improvements, which are damaged or removed as a result of its operations to current standards and to the satisfaction of the Agency Engineer in an as good or better condition.

Contractor will take measures to minimize inconvenience to the Agency, including but not limited to:
a. Advance notification of the impending work and the estimated duration of the work. b. Care in access to and from the building by the Contractor’s equipment, materials and/or personnel. c. Repair, restoration and/or replacement of damaged or affected private property and private improvements within 7 days of the completion of the adjacent work. d. Agency reserves the right to repair damages to the Agency’s facilities caused by the Contractor’s operations. All costs for such repair shall be paid for by the Contractor. Agency may deduct all such costs from any amounts due to the Contractor.

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e. Contractor is responsible for coordinating with property owners for access to work on their private property.
f. Loop detectors must be replaced within 3 Working Days of completion of underground work. g. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with Section 701.
h. Replacement with sod for damaged lawns matching the type of the existing lawn. Install and maintain the sod per manufacturer’s recommendations for no less than 30 days. i. Trees and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in the original condition, size and location. If they are not able to be replaced in size and kind the Contractor shall pay the owner the value of the damaged item, or the difference in retail value the between the original item and the replacement not including removal, replacement, profit and overhead.

For work under this section that is deemed an emergency by the Engineer that affects the safety of persons or property, the Contractor must act immediately to prevent threatened damage, injury or loss.

The cost of protecting, removing and restoring of items necessary to complete this work shall be included in the line item for “Protection and Restoration of Existing Improvements”. If there is no bid item, the Contractor shall include all costs of Protection and Restoration of Existing Improvements in the relevant line items of work; there shall be no additional cost to the Agency. 4-9.1 Video & Photo Documentation of Existing Conditions. The Contractor must 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). The Contractor shall submit the video and photos in digital format and jpg on media as approved by the Agency and provided to the Engineer before the commencement of work. Contractor shall also take regular photographs and video throughout the progress of the contract work to depict the quality and progress of construction. Contractor shall take multiple photographs and video that clearly depicts each condition that Contractor contends constitutes a changed condition, extra work, cause of delay, contract change and/or disputed work which shall be submitted to Engineer with the required notice and a written description for each changed condition, extra work, cause of delay, contract change and/or disputed work. Failure to record and submit to the Engineer each changed condition, extra work, cause of delay, contract change and/or disputed work with photographs and video will constitute a waiver of a claim for compensation for that item. 4-9.1.1 Payment. Payment for video and photo documentation is included in the Bid item for “Video & Photo Documentation.” If there is no Bid item the Contractor shall include all costs for Video and Photo Documentation in the relevant line items of work; there shall be no additional costs to the Agency. 4-9.2 Placements and Removal of Markouts. Markouts refer to the temporary marking or painting of the ground, pavement, or sidewalk by the facility or utility owner or its representative for the Contractor’s convenience. Do not place markouts in the public right-of-way more than 30 days prior to the commencement of work. Remove markouts from all surfaces in the public right-of-way, including decorative surfaces, before the completion of the Work.

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4-10 CONSTRUCTION MATERIALS DISPUTE RESOLUTION (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Asphalt Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the Special Provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the Work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the Disputed Work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded.

Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution.

The committee shall consist of 3 State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select 1 engineer. Within 14 calendar days of the written request notification, the 2 selected engineers will select a third engineer.

The goal in selection of the third member is to complement the professional experience of the first 2 engineers. Should the 2 engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first 2 engineers previously selected shall then select I of the 4 proposed engineers in a blind draw.

The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed.

Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion.

Once started, the resolution process by committee shall continue to full conclusion unless:
a) Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or
b) Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or c) At any point by the mutual agreement of the Agency and the Contractor.

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Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-11 MATERIAL PROVIDED BY THE AGENCY. If applicable and upon written request of the Contractor, any materials furnished by the Agency shall be available to the Contractor within a reasonable time at the points designated in the Bid and Contract Documents. The cost of handling, including loading and unloading, transport, storing, and placing all materials after they are made available to the Contractor shall be considered as included in the contract prices for the items in connection with which they are used.

The Contractor shall be held responsible for all material provided to him and deductions will be made from any monies due to the Contractor to make good any shortages, damages and deficiencies, from any cause whatsoever, which may occur after materials are provided. 4-12 TAXES. The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. The Total Bid Amount shall be deemed to include such taxes and the Contractor shall not be entitled to separate compensation for such taxes

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SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS TO BE OBSERVED. The Contractor shall keep itself fully informed of State and national laws and County and municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations.

The Contract shall be governed by the law of the State of California applicable to contracts to be performed wholly within the State of California.

Rules of law shall prevail over any provision contained in any of the Bid and Contract Documents which may be in conflict thereto or inconsistent therewith.

The Contractor shall conform to and abide by all local, State and Federal building, sanitary, health and safety laws, rules, and regulations, including all City ordinances and regulations. To the best knowledge and belief of the parties, the Bid and Contract Documents contain no provision that is contrary to Federal or State law or any ruling or any regulations of a Federal or State agency. Should, however, any provisions of the Bid and Contract Documents at any time during its term be in conflict with any such law, ruling or regulation, and such provisions of the Bid and Contract Documents are thus held inoperative, the remaining provisions of the Bid and Contract Documents shall, nevertheless, remain in full force and effect.

Whenever the provisions of any chapter of the Bid and Contract Documents may conflict with any agreement or regulation of any kind in force among members of any trade association, union or council which regulates or distinguishes what work shall or shall not be included in the work of any particular trade, the Contractor shall make all necessary arrangements to reconcile any such conflict without recourse to the Agency.
5-1.1 Environmental & Safety Laws. Following is not an exhaustive list of the laws that may govern.

It is a partial list of some specific laws that the Contractor must be aware of and comply with. They are listed here for convenience.

1. Environmental Protection Agency regulations (40 CFR, Part 15).

2. Clean Air Act of 1970, e.g., §306 (42 U.S.C. 7606), Executive Order 11738, prohibiting contracting with Clean Air Act violators; and §§608 and 609 (42 U.S.C. 7671g, 7671h) as amended November 15, 1990, prohibiting the intentional release of chlorofluorocarbons into the environment when performing Work.

3. Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under §01560, “Temporary Environmental Controls” of the General Requirements.

4. CAL OSHA 5189 “Process Safety Management,” CAL OSHA 3220 “Emergency Action Plan,” Federal OSHA 29, CFR 1910, facilities Process Safety Management (PSM) manual, and the Agency’s Risk Management Plan.

5. California Title 8, §5208 and §1529, and Title 40 CFR Part 61.

6. Flood Disaster Protection Act of 1973 (42 USC 4001 et seq, as amended).

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7. Senate Bill 198 and specifically must have a written Injury Prevention Program on file with the Agency in accordance with all applicable standards, orders, or requirements of California Labor Code, §6401.7.

This Program must be submitted to the Engineer at the Pre-construction Meeting.

8. State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163) as set forth in Division 15 of the Public Resources Code of the State.

9. Clean Water Act (CWA) - The Federal Water Pollution Control Act enacted in 1972 by Public Law 92-500 and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to Waters of the United States unless said discharge is in accordance with an NPDES permit. The 1987 amendments include guidelines for regulating municipal, industrial, and construction storm water discharges under the NPDES program.

10. Endangered Species Act of 1973 (ESA; 7 U.S.C. §136, 16 U.S.C. §1531 et seq). 5-1.2 Americans with Disabilities

1. The Contractor must warrant and certify that all Project Plans and Specifications, requests for information, submittals, shop drawings, and construction work prepared by Contractor in accordance with the Contract Documents meet all current requirements of the California Building Code, California Code of Regulations, Title 24 (Title 24) and the Americans with Disabilities Act (ADA) and the ADA Standards for Accessible Design. Contractor shall submit to Agency the Contractor/DesignBuilder Certification for Title 24/ADA Compliance.

2. The Contractor must comply with all portions of the ADA and Title 24. For specific services and public accommodations, Contractor may contact the Office of the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, P.O. Box 66118, Washington, D.C. 20035-6118; phone number (202) 514-0301.)

3. The Contractor is responsible for administering its own ADA and Title 24 program. The Contractor must ensure that these ADA requirements are included in the Subcontracts.

4. The Contractor must pay all claims, costs, losses and damages incurred by the Agency in undertaking remedial action to correct violations of ADA or Title 24. To effectuate remedial action, the Agency will issue a Change Order incorporating the necessary revisions in the Construction Documents. The Agency will be entitled to an appropriate decrease in the Contract Price, and, if the Parties are unable to agree as to the amount thereof, the Agency may unilaterally issue the Change Order.

5. Code Implementation:
a) The 2010 Americans with Disabilities Act (ADA) regulations took effect on April 15, 2011.
b) The 2010 ADA Standards for Accessible Design will take effect on April 15, 2012. Designers may choose either the 1991 ADAAG or the 2010 ADA Standards if the project is to be designed before the adoption date but all new construction and alteration projects must comply with the 2010 ADA Standards if construction is to start on or after April 15, 2012.

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c) The 2010 California Building Code, California Code of Regulations, Title 24 took effect on January 1, 2011.

6. The Contractor must certify to the Agency that it will comply with the ADA by adhering to all of the provisions of the ADA listed within this section or otherwise identified within the Contract Documents or applicable to the contract work.

7. The Contractor must not discriminate against qualified persons with disabilities in any aspects of employment, including recruitment, hiring, promotions, conditions and privileges of employment, training, compensation, benefits, discipline, layoffs, and termination of employment.

8. No qualified individual with a disability may be excluded on the basis of disability, from participation in, or be denied the benefits of services, programs, or activities by the Contractor or Subcontractors providing services for the Agency.

9. The Contractor must post a statement addressing the requirements of the ADA in a prominent place at the worksite.

10. The Contractor must require in each Subcontract that the Subcontractor abide by these provisions.

The Contractor and Subcontractors are individually responsible for your own ADA employment programs.
5-2 SPECIAL NOTICES. When specified in the Specifications or directed by the Engineer, any notice required to be served in accordance with this subsection shall be in writing, dated, and signed by the Contractor or the Engineer. Such notices shall be served by any of the following methods:
a) Personal delivery with proof of delivery, which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site. or
b) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of deposit of the mailing with the United State Postal Service (USPS). Contractor is responsible for securing the notice from the USPS.

The Agency may elect (but is not required) to also send the same notice by regular mail in addition to the method described above.

The delivery of any notice, instruction, claim, protest or other written communications personally to the Contractor or his Superintendent, to the Engineer or to the Agency shall constitute service thereof upon the Contractor, the Engineer or to the Agency, respectively.

The depositing in a post-paid wrapper directed to the official address of the Contractor, the Engineer or the Agency in any USPS mail box regularly maintained by the USPS, of any notice, instruction, claim protest or other written communication, shall be deemed sufficient service thereof upon the Contractor, the Engineer or the Agency, respectively, and the date of service shall be the day following the date of such mailing.

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The official address of the Contractor shall be the address given in the accepted Proposal, or such other address as the Contractor may subsequently designate in writing to the Engineer. The official address of the Engineer is:

Office of the City Engineer
Parks and Public Works Department
City of San Marino
2200 Huntington Drive
San Marino, California 91108
or such other address as the Engineer may subsequently designate in writing to the Contractor. 5-3 LABOR
5-3.1 General. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor and services necessary for the proper execution and completion of the Work.

The Contractor shall at all times enforce strict discipline and good order among the Contractor’s employees, including, but not limited to, appropriate public behavior and decorum, and shall not employ on the Project any unfit person or anyone not skilled in the task assigned them. The Engineer shall have the final determination as to any employees’ qualification to perform their duties. The Engineer may bar any employee of the Contractor from the project for behavior that is inappropriate, unsafe or detrimental to the Project.

Each machine or unit of equipment shall be operated by an experienced operator skilled in handling the particular make of machine or unit of equipment in use, at a speed or rate of production in conformance with the manufacturer’s recommendation.

The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this Contract.

Such references to specific duties and liabilities are made for the purpose of explanation. 5-3.1.1 Labor Nondiscrimination. Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NOTICE OF NONDISCRIMINATION PROGRAM
The provisions of California Government Code Section 12990 is incorporated into the Contract Documents and the Contractor shall comply with all of its provisions.

The Contractor may obtain a copy of the Code at
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12990 In accordance with CA Government Code 12990, 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, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Work. The Contractor will take affirmative action to insure that

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employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. 5-3.1.2 - Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all Applicable Law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time.

Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the Agency or its representatives for inspection and copy at any time during normal business hours. The Agency shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this Section.
5-3.2 Prevailing wages, records and reporting. The provisions of the California Labor Code is incorporated into the Contract Documents and the Contractor shall comply with all its provisions.

The Contractor shall pay prevailing wages, keep records and provide reporting as required by the State of California Labor Code.

Pursuant to Section 1775 of the Labor Code, the Contractor and any Subcontractors, shall, as a penalty to the Agency, forfeit the prescribed amounts (up to $200 as of January 1, 2020) per calendar day, or portion thereof, for each worker paid less than the prevailing wage rates.

The Contractor shall provide certified payroll documents to the Engineer for all labor provided on the Project no later than 10 working days after the payday they represent. The Agency may withhold progress payments, Change Order payments and/or retention payments until complete certified payroll documents are submitted.

The Contractor shall correct all errors in the certified payroll documents or errors in pay to labor within 5 working days upon determination of an error by the Engineer or DIR. The Agency may withhold 10% of any amount due up to $10,000 (or any amount allowable under California law) until all such errors are corrected.

The Contractor shall post a copy of the applicable prevailing wage rates at the work site that is readily accessible to all labor personnel at any time during the Project. The Agency may withhold any payments due until the rates are posted and kept in this manner.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Further, any contractor or subcontractor who has been found or determined to be in violation by the Labor Commissioner as described in Labor Code section 1771.1 shall not be eligible to bid on the Project or to perform work as a subcontractor on the Project. Any contract with an

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unregistered contractor or subcontractor is subject to cancellation.

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and all subcontractors must provide Certified Payroll Records to Agency and submit them online in the DIR’s eCPR system database.

Pursuant to Section 1810 of the Labor Code, 8 hours of labor shall constitute a legal day’s work. Pursuant to Section 1813 of the Labor Code, the Contractor and any Subcontractors shall pay to the Agency as a penalty the prescribed amount ($25 as of January 1, 2020) per calendar day for each worker required or permitted to work more than 8 hours in any 1 calendar day and 40 hours in any 1 calendar week without being compensated in accordance with Section 1815.

As a condition of payment the Contractor and subcontractors shall comply with all other requirements of the California Labor Code.

See Appendix 3 for additional requirements and forms. See also DIR Certified Payroll reporting requirements available from the DIR website at http://www.dri.ca.gov/Public-Works/Certified-PayrollReporting.html.

The Contractor shall defend, indemnify and hold the Agency, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with all labor related laws. 5-3.2.1 Concrete Delivery Subcontractors. Ready-mix haulers delivering materials to public works projects are public works contractors under Labor Code section 1722.1 and must register with the Department of Industrial Relations, as is required under Labor Code section 1725.5. Ready-mix suppliers must also enter into a written subcontract agreement with the Contractor. The agreement must comply with prevailing wage laws. Failure to comply may result in a fine of $2000 and disqualification from future prevailing wage jobs.
5-3.2.2 Skilled and Trained Workforce Requirements. Contractors and Subcontractors shall comply with Labor Code Section 2600 et seq. Contractor shall provide the Agency with a monthly report demonstrating compliance with these requirements while the contract is being performed.

If Contractor fails to provide the required monthly report required, or provides a report that is incomplete, the Agency shall withhold further payments until a complete report is provided. If a monthly report is incomplete due to the failure of a Subcontractor to timely submit the required information to the Contractor, the Agency shall only withhold an amount equal to 150 percent of the value of the monthly billing for the relevant Subcontractor. If the Agency withholds amounts pursuant to this subdivision, the Contractor shall be entitled to withhold the same amount from the Subcontractor until the Subcontractor provides the Contractor a complete report, and the Agency pays the Contractor the withheld payments.

If the Contractor substitutes a Subcontractor for failure to provide a complete report, and the Contractor replaces the Subcontractor with one that provides an enforceable commitment that a skilled and trained workforce will be used to complete the contract, the Agency shall immediately resume making payments to the Contractor, including all previously withheld payments.

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If a monthly report does not demonstrate compliance with this requirement, the Agency shall do all of the following:
(1) Withhold further payments until the Contractor provides a plan to achieve substantial compliance with this requirement, with respect to the relevant apprenticeable occupation, prior to completion of the contract. All of the following shall apply to the withholding of payments under this paragraph:
• The agency shall withhold an amount equal to 150 percent of the value of the monthly billing for the entity that failed to comply with this requirement, or 150 percent of the value of the monthly billing for the Subcontractor that failed to comply with this requirement. If the Agency withholds amounts pursuant to this paragraph, the Contractor shall be entitled to withhold the same amount from the Subcontractor that did not demonstrate compliance with this requirement. • If the Contractor substitutes a Subcontractor for failure to demonstrate compliance, and the Contractor replaces the Subcontractor with one that provides an enforceable commitment that a skilled and trained workforce will be used to complete the contract, the Agency shall immediately resume making payments to the Contractor, including all previously withheld payments. • If the Contractor submits to the public agency or awarding body a plan to achieve substantial compliance with this requirement, the Agency or awarding body shall immediately resume making payments to the Contractor, including all previously withheld payments unless, within a reasonable time, the Agency rejects the plan as insufficient and explains the reasons for the rejection.

(2) Forward a copy of the monthly report to the Labor Commissioner for issuance of a civil wage and penalty assessment in accordance with Labor Code Section 2603.

(3) Forward to the Labor Commissioner a copy of the plan, if any, submitted by the Contractor to achieve substantial compliance with this requirement and the response to that plan, if any, by the Agency. 5-3.5 Employment of Apprentices. The Contractor’s attention is directed to the provisions of sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to sections 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 5-3.6 Payment. All costs associated with compliance with section 5-3 LABOR shall be borne by the Contractor and there shall be no additional costs to the Agency. Contractor’s compliance with all parts of section 5-3 LABOR and its incorporated or referenced parts is a condition precedent to any payment due.
5-4 INSURANCE
5-4.1 General. The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described herein. Surety companies and insurance companies shall familiarize themselves with all of the conditions and provisions of the Contract Documents, and they waive the right of special notification of any change or modification of the Contract Documents or of decreased

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or increased work or of the cancellation of the Contract, or of any other acts by the Agency or any other additionally insured, under the terms of the Contract. Notwithstanding the provisions of any other contract or agreement, the failure of any surety company or insurance company to receive notification of any of the aforesaid changes shall in no way relieve the surety company or insurance company of its obligations under the Contract.
5-4.2 Commercial General Liability Insurance. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, “occurrence” form Commercial General Liability insurance coverage, at least as broad as the most current ISO CAL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury, independent contractors, Completed Operations/Products (for ten [10] years after final completion) and Blanket Contractual, 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 the Contract Documents 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 29); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $5,000,000 per occurrence for bodily injury, personal injury and property damage and general aggregate limit of not less than Ten Million Dollars ($10,000,000) (or current limit, if greater) providing at least all of the following minimum coverage (with deductibles or selfinsured retentions not to exceed $25,000). 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 with the Agency and others covered having the right to select legal counsel.

The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

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 Agency and others, and shall not preclude the Agency from taking such other actions available to the Agency under other provisions of the Contract Documents or law.

Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with the Contract Documents. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the Agency, it’s employees, elected officials, private consultants and volunteers harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the aforementioned as a result thereof.

All general liability policies provided pursuant to the provisions of this Article shall comply with all the provisions of the Contract Documents.

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 Special Provisions relating to liability for injury to or death of persons and damage to property. 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

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aggregate limit has been paid or reserved, the Agency 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. 5-4.3 Workers’ Compensation Insurance. Contractor shall provide during the life of this Contract, Workers’ Compensation Insurance as required by the State of California, with Statutory Limits and Employers’ Liability insurance, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident for bodily injury or disease. Contractor shall provide Agency 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 shall contain a Waiver of Subrogation in favor of the Agency for all work performed by the Contractor, its employee, agents and subcontractors.
5-4.4 Automobile Liability Insurance. Contractor shall take out and maintain at all times during the term of this Contract a comprehensive “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, five million dollars ($5,000,000) (or current limit carried, if higher) combined single limit for bodily injury and property damage, providing at least all of the following coverage (with deductibles or self-insured retentions not to exceed $25,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the Agency. Such insurance shall comply with the provisions of the Contract Documents.
5-4.5 Form and Proof of Carriage of Insurance. 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 Agency’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII, unless the Agency agrees in writing to accept a different rating. Insurance deductibles or self-insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the Agency. At the election of the Agency 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 Agency indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

Contractor shall cause its insurance carrier(s) to furnish the Agency with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of amendatory Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the Agency’s Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. All certificates and endorsements are to be received and approved by the Agency before work commences.

The Agency, its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 00 01, 20 10, and 20 37 (or endorsements providing the exact same coverage), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage).

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All of the following endorsements are required to be made a part of each of the above described policies:

1. “City of San Marino and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are hereby added as additional insures but only as respects work done by, for, or on behalf of the named insures.”

2. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with the following minimum coverage limits: $5,000,000 per occurrence and $10,000,000 aggregate for Commercial General Liability; $5,000,000 for Business Automobile Liability; $1,000,000 for Workers’ Compensation; Completed Value of the Project for Builder’s Risk; $1,000,000 per occurrence and $2,000,000 aggregate for Professional Liability; $1,000,000 per occurrence and $2,000,000 aggregate for Contractors’ Pollution Legal Liability;

3. If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

4. “This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of San Marino and all other additionally insured may possess, including self-insured retention, the City of San Marino and all other additionally insured may possess, and any other insurance the City of San Marino and all other additionally insured do possess shall be considered excess insurance only.”

5. “This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.”

6. “All and each additionally insured shall have the right to select their own defense counsel.”

7. “Thirty (30) days prior written notice of cancellation shall be given to the Agency in the event of cancellation and/or reduction in coverage of any nature. Such notice shall be sent to:

City Engineer
Office of the City Engineer
Parks and Public Works Department
City of San Marino
2200 Huntington Drive
San Marino, California 91108-2639”

8. All policies of insurance shall contain a provision under which the insurance carrier waives its rights of subrogation with respect to the Agency and the other parties names as additional insures.

9. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors

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10. If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $2,000,000 per occurrence and aggregate.

11. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to Agency in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to Agency to compensate it for such losses.

Certificates of Insurance on AIA Document G705 (1978) or other Agency-approved form, shall be submitted to the Engineer prior to commencement of the Work. The Contractor shall provide one copy of each required Certificate of Insurance for each copy of the Agreement. The Contractor shall furnish copies of separate certificates and endorsements for each Subcontractor. The Contractor agrees to furnish promptly to the Agency originals of any endorsements issued after execution of the Contract amending the Contractor’s coverage or limits. The Contractor further agrees that, upon receipt of any notice of cancellation or alteration, the Contractor shall procure, within five (5) days, other policies of insurance similar in all respects to the policy or policies about to be canceled or altered. If the Contractor fails to provide acceptable policies of insurance, the Agency may obtain such insurance at the cost and expense of Contractor.

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.

Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.

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 Agency prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the Agency may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the Agency 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 Agency 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

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required in this section. 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.

Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the Agency’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. The Contractor shall provide endorsement(s) to this effect, using ISO CG form 20 01 or endorsement(s) providing the exact same coverage, at the Agency’s request.

The Agency reserves the right to adjust the monetary limits of insurance coverage during the term of this Contract including any extension thereof if in the Agency’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by Agency. 5-4.6 Investigation and Cooperation. Contractor agrees to assist in every manner possible in the reporting and investigation of any accident and, upon request, to cooperate with all interested insurance carriers in the handling of any claim by securing and giving evidence and obtaining the attendance of witnesses as required for the resolution of any claim or lawsuit. 5-4.7 Limitations. Nothing contained in these insurance requirements is to be construed as limiting the type, quality or quantity of insurance that the Contractor should maintain, or the extent of the Contractor’s responsibility or liability for payment of damages resulting for the Contractor’s operations under the Contract. The carrying of the insurance specified herein shall not be construed to be a limitation of liability on the part of the Contractor or as a matter of law. 5-4.8 Payment. All costs for compliance with section 5-4 LIABILITY INSURANCE shall be borne by the Contractor and there shall be no additional costs to the Agency. 5-5 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
“In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.”
5-6 PATENTS, TRADEMARKS, AND COPYRIGHTS. Contractor shall pay, at no additional cost to the Agency, all applicable royalties and license fees on any and all matters arising in connection with the Work. Contractor shall defend all suits or claims for infringement of patent, trademark, and copyrights against the Agency and any other Indemnified Parties, and must save the Agency and any other Indemnified Parties harmless from loss on account thereof for any and all matters arising in connection with the Work on the Project, such costs to be paid at no additional cost to the Agency, except with respect to any particular design process or the product of a particular manufacturer or manufacturers specified and required by the Agency, other than pursuant to Contractor’s recommendation or suggestion; provided however, if Contractor has reason to believe that the design, process or product so specified is an

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infringement of a patent, Contractor will be responsible for any loss resulting unless Contractor has provided the Engineer with prompt written notice of its belief regarding infringement, and the Engineer has nevertheless elected to go forward with such design, process, or product so specified. 5-7 Safety
5-7.1 Work Site Safety
5-7.1.1 General. The Contractor shall provide safety measures as necessary to protect the public and workers within, or in the vicinity of, the Work site. The Contractor shall ensure that its operations will not create safety hazards.

The Contractor shall provide safety equipment, material, and assistance to Agency personnel so that they may properly inspect all phases of the Work.

When asbestos is being removed, the requirements of the CCR Title 8, Div. 1, Chapter 4, Subchapter 4 and Subchapter 7 shall be implemented.
5-7.1.2 Work Site Safety Official. The Contractor shall designate in writing a “Project Safety Official” who shall be at the Work site at all times, and who shall be thoroughly familiar with the Contractor’s Injury and Illness Prevention Program (IIPP), Code of Safe Practices (CSP) and all TCP’s. The Project Safety Official shall be available at all times to abate any potential safety hazards and shall have the authority and responsibility to shut down an unsafe operation, if necessary. 5-7.2 Safety Orders
5-7.2.1 General. The Contractor shall have at the Work site, copies or suitable extracts of Construction Safety Orders, Tunnel Safety Orders, and General Industry Safety Orders issued by the State Division of Industrial Safety.

The Contractor shall be solely and completely responsible for conditions on the job site, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and is not limited to normal working hours. Safety provisions shall conform to U.S.

Department of Labor, the California Occupational Safety and Health Act (OSHA), and all other applicable Federal, State, County, and City laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve them from compliance with the obligations and penalties.

The Contractor shall develop and maintain for the duration of this contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program.

The duty of the Agency and its consultants is to conduct construction review of the Contractor’s performance and shall not include a review or approval of adequacy of the Contractor’s safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site.

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If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Engineer or other representative. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of or in connection with, the performance of the work whether on, or adjacent to the site, giving full details and statements of witnesses.

Prior to beginning any excavation 5 feet in depth or greater, the Contractor shall submit to the Engineer, the name of the “Competent Person” as defined in CCR, Title 8, Section 1504. The “Competent Person” shall be present at the Work site as required by Cal-OSHA. 5-7.2.2 Shoring Plan. Before excavating any trench 5 feet (1.5m) or more in depth, the Contractor shall submit a detailed working drawing (shoring plan) showing the design of the shoring, bracing, sloping, or other provisions used for the workers’ protection. If the shoring plan varies from the shoring system standards, the shoring plan shall be prepared by a registered Structural or Civil Engineer. The shoring plan shall accommodate existing underground utilities. No excavation shall start until the Engineer has accepted the shoring plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of this permit shall be submitted to the Engineer. If the Contractor fails to submit a shoring plan or fails to comply with an accepted shoring plan, the Contractor shall suspend work at the affected location(s). Such suspended work shall not be the basis of a claim for Extra Work and the Contractor shall not receive additional compensation or contract time. 5-7.2.3 Payment. Payment for shoring shall be paid in accordance with the line item(s) for “Shoring”. If there is no such line item said costs shall be included in the relevant bid line item and there shall be no additional costs to the Agency. Payment for compliance with the provisions of the safety orders and all other laws, ordinances, and regulations shall be included in the relevant bid line item; there shall be no additional costs to the Agency.
5-7.3 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise specified in the Special Provisions.

Explosives shall be handled, used, and stored in accordance with all applicable regulations.

Prior to blasting, the Contactor shall comply with the following requirements:
a) The jurisdictional law enforcement agency shall be notified 24 hours in advance of blasting. b) The jurisdictional fire department shall be notified 24 hours in advance of blasting. c) Blasting activities and schedule milestones shall be included in the Contractor’s construction schedule.

For a Private Contract, specific permission shall be obtained from the Agency in writing, prior to any blasting operations in addition to the above requirements.

The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations.
5-7.4 Hazardous Substances. An MSDS as described in CCR, Title 8, Section 5194, shall be maintained at the Work site for all hazardous material used by the Contractor.

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Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the MSDS and on the product container label.

The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 5-7.4.1 Hazardous Substances at the work site. If the Contractor encounters material in demolition or work that he has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety Code, he shall immediately so notify the Engineer in writing. Demolition in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as provided in Section 5-5 “Delays” of the Standard Specifications.

The Agency reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area.

Except as expressly set forth in this Section, the Contractor shall not cause or permit any Hazardous Material to be used, stored, transported, generated or disposed of in or about the Project Site by the Contractor, Subcontractors, or their respective employees, agents or sub-subcontractors. The Agency acknowledges that the Contractor may need to use, store, generate or transport certain Hazardous Materials on the Project Site in the course of construction and the Agency consents to such use, storage, generation or transportation provided that the Contractor strictly complies with the requirements of this Section. In no event shall any Hazardous Material be incorporated into any of the Work.

The Contractor agrees to deliver to the Agency prior to the issuance of a Notice to Proceed a list (“Hazardous Materials List”) identifying each type of Hazardous Material to be used, stored, generated or transported on the Project Site and setting forth for each type of Hazardous Material, the nature of use, the extent of use, storage, generation and transportation, and any and all governmental approvals or permits required in connection with the use, storage, generation, transportation and disposal of such Hazardous Materials. If the Contractor or any Subcontractor proposes to use any material listed on the Federal/OSHA Director’s List of Hazardous Materials in the performance of any of the Work, the Contractor shall also deliver to the Agency, prior to commencing Work, a copy of the Material Safety Data Sheets in the form provided by the Agency with the award forms. The Agency shall have the right to withhold the Agency’s consent to the use, storage, transportation, generation or disposal of any Hazardous Material on the Project Site. The Contractor shall deliver to the Agency an updated Hazardous Materials List (i) before any Hazardous Material not described in the latest Hazardous Material List is brought onto the Project Site (ii) on or before the date the Contractor obtains any additional permits or approvals relating to the use, storage, transportation, generation or disposal of any Hazardous Materials or (iii) on or before the date the Contractor intensifies the use, storage, generation or transportation of any Hazardous Material. The Contractor shall maintain and deliver to the Agency copies of any and all permits for all of its operations, including, without limitation those relating to the use, storage, generation, transportation or disposal of Hazardous Materials. The Contractor shall maintain and, upon the Agency’s request, deliver copies of any and all manifests and other records relating to the transportation and/or disposal of any Hazardous Material.

Use, storage, transportation, generation and disposal of any and all Hazardous Materials by the Contractor, any Subcontractor or their respective employees, agents or subcontractors shall at all times be in compliance with all Hazardous Materials Laws (including, without limitation, any notices or warnings required by Proposition 65 regulations) and with the highest standards and the best practices and

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procedures applicable to the use, storage, transportation and disposal of such Hazardous Materials. The Contractor shall not store any quantity of any Hazardous Material on the Project Site that is greater than the quantity reasonably necessary for day-to-day operations. The Contractor shall promptly dispose of any waste Hazardous Materials. Any disposal of Hazardous Materials shall be at government approved disposal sites off of the Project Site. The Contractor shall be responsible for providing any and all notices required to be given with respect to any Hazardous Material and for disclosing the use, storage, transportation and generation to all of the Contractor’s employees, agents, Subcontractors, licensees and invitees. The Contractor shall be strictly liable for the use, storage, transportation, generation and disposal of all Hazardous Materials by its employees, agents, Subcontractors, licensees and invitees.

If the Contractor knows or has reasonable cause to believe that the release of any Hazardous Material has occurred or will occur on the Project Site, the Contractor shall immediately disclose the release to the Agency in writing, whether or not the Contractor considers the release to be material and whether or not such release is required to be reported to any governmental entity. If any release of Hazardous Materials is required to be disclosed to any governmental entity, the Contractor shall notify the Agency of such requirement and shall provide such written disclosure as may be required to any such governmental entity or entities pursuant to applicable law.

If the presence of any Hazardous Material on the Project Site caused or permitted by the Contractor, any subcontractor or their respective employees, agents, or subcontractors results in any contamination of the Project Site, the Contractor shall promptly take all actions at the Contractor’s sole expense as are necessary to return the Project Site to the condition existing prior to the introduction of any such Hazardous Material to the Project Site, provided that the Agency’s approval of such action shall first be obtained. The Contractor shall be responsible for any and all damages suffered by the Agency as the result of such contamination, including, without limitation, any diminution in value of the Project Site, costs of investigation, remediation, and any claims by other tenants for costs or expenses caused by the contamination and any investigation and remediation.

As used herein, the term “Hazardous Material” means any hazardous, toxic or infectious substance, material, or waste which is, or becomes, regulated by any local governmental entity, the State of California, or the United States Government under any law, regulation, or ordinance regulating or controlling any Hazardous Material (the “Hazardous Materials Laws”). The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 2, Chapter 6.8 (Carpenter-Presly-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Substances), (v) defined as a “regulated medical waste” under 40 C.F.R. § 259.10(a) or § 259.30, (v) petroleum or petroleum product, (vi) asbestos, (vii) listed under Article 9 and defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (viii) designated as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C.

Section 1317), (ix) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section 6903), or (x) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601).

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5-7.5 Confined Spaces
5-7.5.1 Confined Space Entry Program (CSEP). The Contractor shall be responsible for implementing, administering and maintaining a CSEP in accordance with CCR, Title 8, Sections 5156, 5157 and 5158.

Prior to the start of the Work, the Contractor shall prepare and submit a CSEP. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces such as the following:
a) Training of personnel.
b) Purging and cleaning the space of materials and residue. c) Potential isolation and control of energy and material inflow. d) Controlled access to the space.
e) Atmospheric testing of the space.
f) Ventilation of the space.
g) Special hazards consideration.
h) Personal protective equipment.
i) Rescue plan provisions.

The submittal shall include the names of the Contractor’s personnel, including each Subcontractor’s personnel, assigned to the Work that will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. 5-7.5.2 Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in CCR, Title 8, Section 5157 may be required as a part of the Work. Manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permitrequired CSEP prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by the Contractor and the Engineer at the Work site. 5-7.5.3 Payment. Payment for the CSEP shall be included in the Bid items for which the CSEP is required.
5-7.7 Security and Protective Devices
5-7.7.1 General. Security and protective devices shall consist of fencing, steel plates, or other devices as specified in the Special Provisions to protect open excavations. 5-7.7.2 Security Fencing. The Contractor shall completely fence open excavations. Security fencing shall conform to 304-5. Security fencing shall remain in place unless workers are present and construction operations are in progress during which time the Contractor shall provide equivalent security. 5-7.8 Steel Plate Covers. The Contractor shall:

1. Protect transverse or longitudinal cuts, voids, trenches, holes, and excavations in the right-of-way that cannot be properly completed within 1 Working Day by adequately designed barricades and structural steel plates (plates) that will support legal vehicle loads in such a way as to preserve unobstructed traffic flow.

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2. Secure approval, in advance, from the Engineer concerning the use of any bridging proposed on the Work.

3. Shore the trench adequately to support the bridging and traffic loads.

4. Design plates for HS 20-44 truck loading in accordance with Caltrans Bridge Design Specifications Manual.

5. Plates shall be installed in accordance with Section 5-7.8.1 through 5-7.8.3 of the Greenbook 2018 General Provisions.

Alternative installation method may be submitted for the Engineer’s review and approval.

The Contractor is responsible for maintenance of the plates, shoring, and asphalt concrete ramps or any other approved device used to secure the plates. The Contractor must immediately mobilize necessary personnel and equipment after being notified by anyone of a repair needed e.g., plate movement, noise, anchors, and asphalt ramps. Failure to respond to the emergency request within 2 hours will be grounds for the Agency to cause the necessary repairs and adjustments. All costs for any action by or on behalf of the Agency to secure, adjust or repair trench plates shall be borne by the Contractor and be deducted from any amounts due to Contractor. Failure to comply is a default and breach of contract may result in automatic grounds for suspension of permit, Contract, or both.

Payment for Steel Plate Covers is included in the relevant Bid items; there shall be no additional costs to the Agency.
5-7.9 Temporary Project Signs
5-7.9.1 Street Name Signs. During any work that disturbs or requires the removal of a street name sign provide and maintain temporary street name signs at each intersection until the permanent street name signs have been placed.

Construct and place temporary street name signs to the following requirements:

1. 5 in. high black lettering on 8 in. x 32 in. white blades.

2. The bottom of the blades must be at least 7 feet above ground line and mounted on white 4x4 posts.

3. Posts must be placed radial to mid-point of curb returns, 15 feet in from the future face of curb. 5-7.9.2 Project Identification Sign. Project Identification Signs will be provided by the Contractor as required herein, or on the plans.
5-7.9.3 Payment. All costs for providing and maintaining these signs in good condition throughout the project shall be included in the cost for the line item “Traffic Control.” If there is no such line item then the costs for this signing will be included in the most relevant line items; there shall be no additional costs to the Agency.
5-7.10 Hours of Operation. Construction work is to be performed only during the hours between 7:00 am to 5:00 pm, Monday through Friday, unless special permission has been obtained from the Engineer. Unless otherwise authorized by the Engineer, the contractor will not be allowed to work during special events at the vicinity of the project location(s). 5-7.10.1 Public Safety During Non-Working Hours. Notwithstanding the Contractor’s primary responsibility for safety on the job site when the Contractor is not present, the Engineer after attempting

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to contact the Contractor, may direct Agency or other forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor will bear all expenses incurred by the Agency and all such costs may be deducted from any amounts due to the Contractor.

The Engineer’s judgment in all cases of whether additional measures need to be to make the site safe shall be final. However, this does not alleviate the Contractor’s responsibility and liability to maintain a safe worksite at all times.

If the Agency takes action in these matters on behalf of the Contractor, the Contractor shall hold the Agency and all its contractors and consultants harmless and indemnify each in accordance with the Contract Documents whether any of them were negligent or not. 5-7-11 Storage of Equipment and Materials in Public Streets. The Contractor must submit a TCP indicating the location and protection of equipment or materials to be stored in the public right-ofway to the Engineer for consideration. The Contractor shall not store equipment or materials in the rightof-way without a prior approved TCP authorizing the storage. 5-7-12 Street Closures, Detours, Barricades. No street will be closed to traffic absent prior approval by the Agency. If the Contractor wishes to close a street to traffic, it must submit a TCP to the Engineer for consideration a minimum of 30 days in advance of construction indicating the closure location, detours, phasing and duration. No closures shall occur without an approved TCP. If approved, the contractor shall notify both the Police and Fire Departments a minimum of 1 week in advance of the closure, and immediately after re-opening of the street. 5-7-13 Parking Restrictions. The contractor is responsible for posting “no parking” signs on any section of street where such a prohibition is necessary to allow the work to be accomplished. The number of “no parking” signs required to provide adequate notice will be determined by the contractor and approved by the Engineer. Generally, signs shall be not greater than fifty (50) feet apart and face oncoming traffic. Such signs shall also give specific information as to the dates and times when parking is prohibited, and shall be posted three (3) calendar days before the effective date. If weather or other circumstances prevent work from being finished before expiration of the posted parking ban, new signs with revised “no parking” information shall be posted at least forty-eight (48) hours before any tow-aways by the Police Department are requested. It is the contractor’s responsibility to contact the Police Department and arrange for tow-aways and such arrangements shall be made no later than the day before tow-aways will be needed on any section of street. The signs shall be clean and free of graffiti and readable from 50 feet.

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The ‘NO PARKING’ sign shall be printed in black or red letters on a white background, and shall contain information and be laid out as follows:

NO PARKING

TOW-AWAY ZONE
7:00 AM - 5:00 PM
FROM

DAY DATE
TO

DAY DATE
FOR

TREE MAINTENANCE

AND PLANTING ACTIVITIES
Violators will be Cited and Vehicles Towed
Away at Owners Expense
per
CVC22651L & CVC22654D
Posting of ‘NO PARKING’ signs on trees, utility poles, fire hydrants or other streetscape features will not be allowed. The signs shall be immediately removed upon completion of the work that disallows parking.

For convenience to the contractor in complying with the provisions of this section, the following nonemergency telephone numbers are listed:

Police and Fire Department (626) 300-0720
Parks and Public Works Department (626) 300-0765
If the above telephone numbers are changed, the contractor is not relieved of responsibility for notifying the various departments.

The Contractor shall document the day, date and time that the signs are installed because the No Parking restriction cannot be enforced until the signs have been in place 48 hours.

The above described printed notices and signs shall be submitted to the Engineer for review and approval prior to the pre-construction meeting and at least 7 calendar days before the start of any work.

The Contractor shall make every reasonable effort to arrange with the owners of illegally parking vehicles to remove their vehicles from the street before summoning the police to tow away vehicles.

In addition to the above requirements, the Contractor shall notify the Post Office, Police Department, Fire Department, Water Utility, ambulance service, Dial-a-Ride, school district transportation manager, street sweeping service, trash collection service, and affected utilities, hospitals, schools and governmental agencies a minimum of 2 full calendar days prior to the start of work.

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During overlay operations, the Contractor’s schedule for overlay application shall provide residents and business owners whose streets are to be overlaid with sufficient paved parking within an 800 foot distance from their homes or businesses.
5-8.1 TRAFFIC AND PEDESTRIAN CONTROL
5-8.1 General. The Contractor’s operations shall cause no unnecessary inconvenience to the public or businesses in the vicinity of the Work. The Contractor shall have no greater length or quantity of Work under construction than can be properly prosecuted with a minimum of inconvenience to the public and other contractors engaged in adjacent or related work.

The Contractor shall provide continuous and unobstructed access to the adjacent properties unless otherwise specified in the Special Provisions or approved by Engineer. Work requiring traffic lane closures shall only be performed between the hours specified in the Special Provisions or shown on the traffic control plan. Traffic shall be permitted to pass through the Work site, unless otherwise specified in the Special Provisions or shown on the traffic control plan.

The contractor shall provide and maintain a twelve-foot wide lane for through traffic in each direction at all times.

Upon completion of each day’s work, the contractor shall be responsible for leaving the work area free of hazards and shall provide all necessary temporary signs, warning devices and barricades. Access is to be provided for all adjacent residences and businesses at all times.

Construction activity shall be limited to the hours of 7:00 a.m. through 5:00 p.m., Monday through Friday, unless otherwise specifically approved by the Engineer.

Construction activity may be restricted for specific time periods to minimize impacts to peak hour traffic, school drop-off/pick-up, special events, etc., at the direction of the Engineer.

Contractor shall notify residents, business owners/occupants and school officials a minimum of 1 week in advance of construction adjacent to their properties.

Contractor shall notify all transit providers a minimum of 1 week in advance of construction affecting bus stops.

Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to adjacent property owners.
5-8.2 Vehicular Access. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access. If backfill has been completed to the extent that safe access may be provided and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access.

Access to adjacent property owners shall be maintained at all times.

Emergency vehicle access shall be maintained at all times.

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The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to, mail delivery and trash pickup. The Contractor shall not schedule work so as to conflict with trash pickup. The Contractor shall obtain the trash pickup schedule and provide its schedule and any modifications thereto to the trash pickup entity.

All traffic control devices shall be placed as to not obstruct visibility at driveways, and shall be removed from view or covered when not in use.

Contractor shall maintain a minimum turning radius of 25 feet at corners of work zones.

The designated driving lanes shall be kept in a smooth and drivable condition at all times.

All travel lanes shall be a minimum of 12 feet wide, 14 feet if adjacent to bike lanes, unless otherwise specifically approved by the Engineer.

All travel lanes shall have a minimum of 5 feet of clearance from open trenches and a minimum of 2 feet of clearance from vertical obstructions. Open trenches with less than 5 feet of clearance shall be protected by K-Rail barriers and temporary crash cushions per the latest standard plans and specifications, and to the satisfaction of the Engineer.

Contractor shall post “Uneven Lanes” (W8-11) signs for pavement surface disruptions of ½ inch or greater. Pavement disruptions of 1 inch or greater shall have beveled edges of 4:1 (horizontal to vertical).

Flashing arrow boards shall be used for all full lane closures or as otherwise required by the Engineer.

Flash rates and patterns shall conform to the latest standard specifications. Silent type arrow boards shall be used in residential areas.

For extended lane closures the contractor shall place “LANE CLOSED” (C30 (CA)) signs at 300 foot intervals in urbanized areas (or one sign per City block) and at 500 foot intervals for areas with limited access.

For extended work areas in commercial districts the contractor shall place “BUSINESSES OPEN DURING CONSTRUCTION” signs (Black on White background) at intervals of 150 feet (or two per City block).

More frequent sign placement may be required at the direction of the Engineer.

If parking is allowed in the advance warning area, advance warning signs shall be mounted on high level devices.

Contractor shall post tow-away/no parking signs 72 hours in advance, with the day of the week, date and work hours noted.
5-8.3 Pedestrian Access. Pedestrian access shall be maintained unless otherwise approved by the Engineer.

Contractor shall comply with the latest requirements of the American Disability Act (ADA) Accessibility Guidelines and the California Accessibility Guidelines to maintain safe pedestrian access, including access for all persons with disability, through work areas. Typical measures include, but are not limited to, use of flagmen to stop traffic, construction of temporary sidewalks and access ramps, creation of secure pathways

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that provide buffers from open trenches, equipment and traffic, and use of advanced warning signs with directional arrows leading pedestrians to alternative, nearby crossing locations. 5-8.4 Traffic & Pedestrian Control Plan (TCP). The Contractor shall submit and receive an approved TCP prior to the commencement of work.

All traffic control plans must coincide with the project phasing and schedule. The total length of the traffic control zone shall include buffer spaces, advance signing, striping transitions, and the Work site.

The sheets of the TCP shall display the title, phase identification, name of the firm preparing the TCP, name and stamp of the Registered Traffic or Civil Engineer, approval block for each jurisdictional agency, north arrow, sheet number, and number of sheets comprising the TCP. General notes and symbol definitions shall be included when required. Adequate dimensioning shall be provided to allow for proper field installation.

The TCP shall be drawn to a 1 inch = 40 feet scale on common size sheets, either 8-1/2 inches x 11 inches, 8-1/2 inches x 14 inches, 11 inches x 17 inches, or 2-foot x 3-foot plan sheets as dictated by the length of the Work.

The TCP must conform to the Contract Documents and all referenced materials and regulations.

The TCP must address ADA access in, through and around the worksite in conformance with federal ADA regulations.
5-8.5 Public Notice. The Contractor shall prepare Public Notification fliers in English, Spanish and Mandarin. Fliers shall notify residents and businesses of the Work and include information describing the Work, how it may affect them and contact information of City and Contractor personnel responsible for the Work. The Engineer will provide the contact information for the City to be included on the flier at the pre-construction meeting. Contractor shall submit draft versions of the flier in English, Spanish and Mandarin to the Engineer for review and approval prior to starting the Work. Contractor shall distribute fliers as appropriate to provide advance notification of the Work to residents and businesses adjacent to or affected by the Work.

Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk or driveway repairs, the residences and/or businesses directly affected by the work shall be notified.

The notification shall be mail to house address and hand-delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (626) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction.

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For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock.

The printing on the notice shall be no smaller than 12 point.

In addition to the notifications, the Contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting of the no parking signs 48 hours in advance of the rescheduled work.

Full compensation for the Public Notification shall include all necessary labor, equipment, materials, and all other related costs for preparation, copying, and distribution shall be considered as included in the lump sum price for “Traffic and Pedestrian Control” and there shall be no additional costs to the Agency. 5-8.6 Work Area Traffic & Pedestrian Control. No work shall occur in the right-of-way without a traffic and pedestrian control plan approved by the Engineer. Work shall not commence prior to the Engineer’s approval of the Traffic Control Plan(s).

Installation of all traffic control shall be the responsibility of the contractor and shall conform to the most recent edition of the following standards, plans and specifications:

1. California Manual on Uniform Traffic Control Devices (CAMUTCD)

2. Provided Traffic Control Plans (if any)

3. State of California Department of Transportation (Caltrans) Standard Plans

4. State of California Department of Transportation (Caltrans) Standard Specifications

5. Standard Specifications for Public Works Construction (“Greenbook 2018”), including all current supplements

6. Contract Documents
Traffic control plans shall be submitted to the Engineer a minimum of 20 days in advance of construction to allow for review.

Approval of the traffic control plan does not constitute an official Permit to begin construction.

A copy of all traffic requirements and traffic control plans approved by the Engineer must be kept on the job site for review by the Engineer’s representative and police/safety personnel.

All temporary striping and pavement markings shall conform to the latest standard plans and specifications.

Traffic signals shall remain fully actuated at all times. Requests to have a traffic signal placed on “All-Way Red Flash” shall be submitted to the Engineer a minimum of 72 hours in advance.

Requests for changes to traffic signal timing to facilitate traffic control through an intersection, or in the event detector loops need to be cut in order to complete construction, shall be coordinated with the Engineer a minimum of 1 week in advance.

Requests to perform construction or set up traffic control outside of the stated work hours must be preapproved by the Engineer as an amendment to the approved traffic control plan.

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The Contractor shall maintain all traffic control devices in “like new” condition at all times that they are in use.

All conflicting signs shall be covered during construction in a manner that prevents them from be discerned in daylight or at night.

Warning (W) series signs used in work zones shall be Black on Orange background consistent with the latest standard plans and specifications, including size, shape and retro-reflectivity.

All warning and construction signs shall be mounted on Type II or III barricades per the latest standard plans and specifications. Alternative mounting locations shall be pre-approved by the Engineer prior to construction and shown on the approved traffic control plan.

Overnight traffic control must be pre-approved by the Engineer and shall include the use of flashing beacons mounted on Type II or III barricades per the latest standard plans and specifications.

All cones, tubular delineators and other approved channelizing devices shall be a minimum height of 36” and have retro-reflective sleeves per the latest standard plans.

Where flaggers are required to facilitate traffic control they shall be properly equipped with a “STOP/SLOW” paddle per the latest standard plans and specifications. Flaggers are required to maintain two-way radio communications at all times.

Flaggers shall be present to assist pedestrians through work areas and to provide ingress/egress at private driveways.

Flaggers shall be used at intersections where the traffic signal has been placed on “All-Way Red Flash” if construction results in obstruction to driver line of sight, or as deemed necessary by the Engineer or his representative to ensure public safety.

Flaggers shall be present to assist with the merging of construction trucks and heavy equipment into and out of traffic. “Trucks Entering/Exiting” (C44 (CA)) signs may be required for frequent movements, at the direction of the Engineer.

Contractor shall remove all conflicting striping and pavement markings by “waterblasting”. Alternative methods must be pre-approved by the Engineer. The Contractor shall immediately remove any debris as the result of this operation.

Pavement that is damaged due to the removal of striping, pavement markings and pavement markers shall be immediately repaired to the satisfaction of the Engineer.

Within 24 hours of completing the work, the contractor shall promptly restore the road back to satisfactory condition, which includes but is not limited to, paving, striping, markings, signing, and loop detection.

Caltrans Standard Specifications (current edition) and any supplemental provisions. Traffic control devices shall be installed in conformance with the current edition of the “Manual of Traffic Control Devices” as published by Caltrans. Where reference is made to the “State”, it shall be understood that reference is to the Agency.

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Contractor shall set up temporary traffic control at the beginning of each workday and promptly remove at the end of each day to allow for normal traffic operations after work hours. Requests to maintain temporary traffic control after hours must be pre-approved by the Engineer and approved on a TCP.

All traffic & pedestrian control must take into account and provide for ADA access in conformance with federal regulations.
5-8.7 Maintenance of Traffic Control Devices. The Contractor shall be responsible for maintenance of any and all traffic control devices (signs, delineators, barricades, etc.) that are required by the Traffic Control Plan. The Contractor shall ensure that all devices are maintained in the property location during holiday, overnight, and on weekends. Should it become necessary to use other forces to maintain the traffic control devices, the Contractor will be billed at the overtime rate for 2 people and a vehicle (minimum, 2 hours per call).
5-8.8 Payment. All costs for compliance with section 5-8.1 through 5-8.7 shall be included in the line item, “Traffic and Pedestrian Control”. If there is no line item then all costs associated with this work shall be included in the relevant line items; there shall be no additional costs to the Agency. 5-9 HOLD HARMLESS AND INDEMNIFICATION. To the fullest extent permitted by law, the Contractor shall protect, indemnify, defend (with counsel selected and satisfactory to the party being held harmless and indemnified) and hold harmless the Agency, the Successor Agency, (if any), and all private consultants and for each their elected officials, appointees, officers, agents, employees, contract employees, consultants, heirs and assigns from and against any and all types of liability, causes of action, claims, damages, demands, losses, expenses (including, but not limited to all attorneys’ fees and legal costs), arising out of or resulting from, either directly or indirectly:
(1) the performance of their work;
(2) the Work until the Project is accepted as final by the Agency Board; (3) the breach of the covenants or the obligations of the Contractor under the Contract, including but not limited to,
a) violations of or a failure to comply with any safety order, rule, code or regulation, b) defective or non-compliant work, or
c) any and all liens, stop notices, charges of every type, nature or kind which may be at any time filed or claimed against the Project or any portion thereof, or the Agency as a consequence of acts of the Contractor, his Subcontractors, material suppliers or others for which they are responsible, provided that the Agency is not in default of its payment obligations under the Contract; (4) any equal opportunity, unemployment, withholding, social security, workers’ compensation or other employee benefit claims with respect to the Contractor or any Subcontractor arising out of the Work; or
(5) violation of any local, State or Federal law, regulation or code by Contractor or any Subcontractor.

Except as expressly limited below, the indemnification by the Contractor of the indemnified parties under this section shall apply regardless of any concurrent or contributory active and/or passive negligent act or

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omission of any indemnified party; provided, however, that the Contractor should not be obligated to indemnify a party for liability arising from the sole negligence or willful misconduct of the indemnified party. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this section.

Such indemnification and hold harmless shall include all defense-related fees and costs associated with the defense of each and every held harmless and indemnified party, by counsel selected by each and every held harmless and indemnified party. Contractor’s indemnification obligations as set forth in this section shall not terminate on completion of the Work, but shall survive in perpetuity.

In any and all claims against the Agency, the Successor Agency, (if any), and all private consultants and for each their elected officials, appointees, officers, agents, employees, contract employees, consultants, heirs and assigns by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

The provisions in this section shall survive the termination or expiration of the Contract until such time as action against any indemnified party on account of the matter covered by the indemnity is barred by the applicable statute of limitations, and shall not be limited in any way by the amount of insurance obtained by any indemnified party.
5-10 COMMUNITY LIAISON. Contractor shall appoint a community liaison throughout the Contract Time when required by Special Provisions.

The community liaison must closely coordinate the Work with the businesses, institutions and residents impacted by the Project. Example duties of the community liaison include notification to the businesses, institutions and residents of the commencement of construction activities not less than 5 Working Days in advance, coordination of access for vehicular and pedestrian traffic to businesses, institutions and residences impacted by the Project, response to community questions and complaints related to your activities, reporting of liaison activities at all Project progress meetings scheduled by the Engineer, attendance to the Project Pre-construction Meeting, and attendance at 2 community meetings. 5-11 Public Notice by Contractor. Furnish and distribute public notices in the form of door hangers using the Agency’s approved format to all occupants along streets where construction work is to be performed at least 1 week before starting the Work. For all work on private property, contact each owner individually a minimum of 15 days prior to the Work. If the Work has been delayed, re-notify residents of the new work schedule. Notices shall be printed in both English, Spanish and Mandarin in the same pamphlet.
5-12 CONFLICT OF INTEREST. The Contractor shall establish and make known to your employees appropriate safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other relationships. Project personnel must not accept gratuities or any other favors from Subcontractors or potential subcontractors.

The Contractor is subject to all federal, state, and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, e.g., California Government Code §§1090, et.

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seq. and 81000, et. seq. If, in performing the Work, Contractor or any of its employees make, or participate in, a “governmental decision” in accordance with title 2, §18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the Agency that would otherwise be performed by an Agency employee holding a position specified in the applicable department’s conflict of interest code, Contractor or any of its employees will be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing your relevant financial interests.

If required, statements of economic interests must be made on Fair Political Practices Commission Form 700 and filed with the Agency, Contractor or any of its employees must file a Form 700 (Assuming Office Statement) within 30 days of the Agency’s written determination that Contractor or any of its employees will be subject to a conflict of interest code. File a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which Contractor or any of its employees were subject to a conflict of interest code.

If the Agency requires Contractor or any of its employees to file a statement of economic interests as a result of the Work performed, Contractor or any of its employees will be considered a “Agency Official” subject to the provisions of the Agency Ethics Ordinance, including the prohibition against lobbying the Agency for 1 year following the expiration or termination of the Contract.

If the Contractor employed on the Project must not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. The Contractor must not recommend or specify any product, supplier, or contractor with whom you have a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.

If the Contractor violates any conflict of interest laws or any of these conflict of interest provisions, the violation will be grounds for immediate termination of this Contact. Further, the violation subjects Contractor or any of its employees to liability to the Agency for all damages sustained as a result of the violation.

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SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1. CONSTRUCTION SCHEDULE, COMMENCEMENT OF THE WORK, VIRTUAL

PROJECT MANAGER
6-1.1 Construction Schedule. The Contractor shall provide the construction schedule in PDF on a memory stick and on 11 in. x 17 in. paper format to the Engineer at the Pre-construction Meeting.

The contractor shall comply with the following construction schedule requirements. 6-1.2 Construction Schedule for Contracts Exceeding $500,000 in Value. The Contractor shall be responsible for developing, coordinating, revising, updating, and maintaining the cost loaded construction schedule (Schedule) utilizing the Critical Path Method (CPM).

Schedule updates shall be provided within 5 days of the Engineer’s written approval of changes to the scope of work or critical path items.

The Contractor shall provide complete Schedule updates or Schedule confirmations once a month for the duration of the project that are subject to the Engineer’s review and approval under same conditions and requirements as the original Schedule.

Schedule versions shall be based solely on the Work as awarded, and shall exclude any substitute proposals even if the Contractor pursues a substitution in accordance with provisions of the Contract.

Total float is the number of days by which a part of the Work in the Schedule may be delayed from its early dates without necessarily extending the Contract Time. The Contract float is the number of days between the Contractor’s anticipated date for early completion of the Work, or specified part, and the corresponding Contract Time. Total float and Contract Time float belong to the Project and are not for the exclusive benefit of any Party. They shall be available to the Agency or the Contractor to accommodate changes in the Work or to mitigate the effect of events, which may delay performance or completion.

The Schedule shall show a breakdown of Work into activities and relationships to the extent required to effectively manage the Work. The Schedule shall show the division of the Work into activities and specify the progression from the Notice to Proceed (NTP) to the end of the Contract Time.

The Schedule shall include appropriate time allowances and constraints for submittals, requests for information and responses thereto, items of interface with Work performed by others, and specified construction, start-up and performance tests.

The Contractor shall include in the Schedule inclusive in the Contract Time allotted, 3 Working Days for the Agency to conduct a Walk-through and the potential loss of up to ten working days due to adverse weather conditions such as wind, rain, snow, sleet, etc.

The Contractor shall include in the Schedule inclusive in the Contract Time allotted 10 Working Days for generation of the Punchlist. The Contractor shall Work diligently to complete all Punchlist items within 20 Working Days after officially being provided the Punchlist by the Engineer.

If the Contractor modifies or changes the Schedule, for Change Order Work or otherwise, the Engineer shall be notified in writing with an explanation.

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Comments made by the Engineer on the Schedule during review will not relieve the Contractor from compliance with requirements of the Contract. The Engineer may request that the Contractor and major Subcontractors (defined herein as being any Subcontractor or Supplier with 5% or more of the value of the Contract) participate in review of any Schedule submission. The Schedule revisions shall be submitted within 10 Working Days after the Engineer’s review.

The Schedule shall show work to be done by the Agency personnel, such as but not limited to, submittal reviews (separate tasks for each), sewer televising, water main connections, water testing, and operational performance tests as separate tasks. The Schedule shall show appropriate time allowances for Work performed by other agencies.

If completion of any part of the Work, delivery of equipment or materials, or provision of the Contractor submittals is behind schedule and will impact the completion date of the Work, the Contractor shall submit a written recovery plan acceptable to the Engineer for completing the Work by the current Contract completion date.

The Contractor shall not be entitled to any extension in Contract Time, or recovery for any delay incurred because of extensions in an early completion date, until all Contract float is used, performance of the Work extends beyond the corresponding Contract Time, and a recovery plan is submitted demonstrating that the delay cannot be mitigated or offset through actions such as rescheduling Work.

Misrepresentation of actual Work durations in order to suppress available float time shall be cause for rejection of the Schedule and any revisions or updates.

The Schedule shall include procurement related activities, which lead to the delivery of permanent materials to the Site in a timely manner. Procurement activities include activities such as preparation of Shop Drawings and Working Drawings, review and acceptance of Shop Drawings and Working Drawings, materials fabrication, materials delivery, etc., as appropriate.

The Schedule shall be reasonably balanced over the construction duration. Upon receipt, the Engineer will review the Schedule and provide comments, as appropriate, for revision by the Contractor.

Each Schedule activity shall be assigned a budget. Separate Bid items shall be separate activities. The Schedule shall specify costs for each phase of the Contract. The cost value of all Schedule activities shall equal the Contract values shown in the Bid both individually and in total and include Change Orders.

If the Engineer questions the logic of the Schedule, the Engineer may at any time request and Contractor shall provide a Schedule narrative that describes the approach to the Work and the rationale used to develop the Schedule relationships and logic. If Engineer determines meeting(s) with the Contractor’s CPM scheduler is/are warranted to review the schedule, updates, values, relationships, logic, or anything related to the Project schedule, Contractor shall make available its CPM scheduler to participate in such meeting(s) at no additional cost to Agency.

When specified in the Contract Documents, the specified Plant Establishment Period is included in the stipulated Contract Time and will begin with the acceptance of the installation of the re-vegetation plan in accordance with the Special Provisions.

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A Schedule showing the project duration longer than the specified contract duration will not be acceptable and will be grounds for the Agency’s determination of default by Contractor.

The Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1, Construction Schedule and Commencement Of The Work. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Schedule. The Agency’s acceptance of shortened project duration will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration.

The Schedule is subject to the review of the Engineer. The Engineer’s determination that the Schedule proposed by the Contractor complies with the requirements of these General Provisions may be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Schedule does not meet the requirements of these specifications the Contractor shall correct the Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Schedule or resubmitted Schedule(s) proposed by the Contractor complies with the requirements of these supplemental provisions within 30 working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-7, Default by the Contractor. Days used by the Engineer to review the initial Schedule will not be included in the working days for the Project.

The original Schedule will be reviewed by the Engineer and returned to the Contractor with comments within 20 working days of submittal.

Schedule updates will be reviewed by the Engineer and returned to the Contractor with comments within 5 working days of submittal. If the Contractor submits a Schedule with more than 10% changes the Engineer will review and return the Schedule with comments within 10 days of submittals. If required by the Engineer, the Contractor will resubmit a Schedule addressing any comments by the Engineer within 5 working days. The resubmitted Schedule will be reviewed by the Engineer and returned to the Contractor with comments within 5 working days of resubmittal. This process and time requirements will continue as such until an acceptable Schedule is submitted or the Engineer declares the Contractor in Default.

The Notice to Proceed may not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “No Exceptions Taken” or “Make Corrections Noted” by the Engineer.

If at any time during the contract the Engineer makes the determination that the Contractor is not performing the work in compliance with the approved Schedule, the Engineer may require the Contractor to resubmit an updated Schedule for review by the Engineer in compliance with the requirements stated herein.

The Contractor, at the sole discretion of the Engineer, may be considered as being in default of the contract under the provisions set forth in Section 6-7, Default by the Contractor, if the Engineer’s

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comments are not submitted as required hereinbefore and subsequently Schedule marked “No Exceptions Taken” by the Engineer.

Progress payments that are due under the contract are contingent upon the submittal of a Schedule or updated Schedule that is acceptable to the Engineer. The Agency may refuse to recommend the whole or part of any progress payment if, in the Engineer’s opinion, the Contractor’s failure, or refusal to provide the required Schedule information precludes a proper evaluation of the Contractor’s ability to complete Project within the Contract Time.

All costs for producing, editing, adjusting and updating the construction schedule shall be paid as the lump sum item for “Project Schedule,” in the absence of that line item all such costs shall be included in the various items of work and there shall be no additional costs to the Agency.

If there is a line item for separate payment of the Schedule payment for the compliance with this section shall be paid as follows:

1. 30% upon acceptance of the original Schedule.

2. Subsequent payments shall be equal in percentage to approved payments to date for all contract items in relation to the overall contract price.

Failure of the Contractor to timely provide the Construction Schedule, to provide proper schedule updates as required by the Contract Documents, and/or to secure the necessary approvals by the Engineer shall constitute a waiver by the Contractor of any and all claims for delay or extended overhead for any reason.
6-1.3 Simplified Construction Schedule for Contracts Less Than $500,000 In Value Provided Contractor first obtains the approval of the Engineer; Contractor may submit a simplified Construction Schedule that meets the following requirements:

1. Provide a fully developed horizontal bar-chart type schedule.

2. Provide a separate time bar for each significant construction activity.

3. Provide a continuous vertical line to identify the first Working Day of each week.

4. Within each time bar, indicate estimated completion percentage in 10% increments. As Work progresses, place a contrasting mark in each bar to indicate actual completion.

5. Indicate graphically sequences necessary for completion of related portions of the Work.

6. Be of sufficient size to show data for the entire Contract Time.

The Schedule shall show a breakdown of Work into activities and relationships to the extent required to effectively manage the Work. The Schedule shall show the division of the Work into activities and specify the progression from the Notice to Proceed (NTP) to the end of the Contract Time.

The Schedule shall include appropriate time allowances and constraints for submittals, requests for information and responses thereto, items of interface with Work performed by others, and specified construction, start-up and performance tests.

Schedule updates shall be provided within 5 days of the Engineer’s written approval of changes to the scope of work or critical path items.

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The Contractor shall provide complete Schedule updates or Schedule confirmations once a month for the duration of the project that are subject to the Engineer’s review and approval under same conditions and requirements as the original Schedule.

If the Contractor modifies or changes the Schedule, for Change Order Work or otherwise, the Engineer shall be notified in writing with an explanation.

Comments made by the Engineer on the Schedule during review will not relieve the Contractor from compliance with requirements of the Contract. The Engineer may request that the Contractor and major Subcontractors (defined herein as being any Subcontractor or Supplier with 5% or more of the value of the Contract) participate in review of any Schedule submission. The Schedule revisions shall be submitted within 10 Working Days after the Engineer’s review.

If completion of any part of the Work, delivery of equipment or materials, or provision of the Contractor submittals is behind schedule and will impact the completion date of the Work, the Contractor shall submit a written recovery plan acceptable to the Engineer for completing the Work by the current Contract completion date.

If at any time during the contract the Engineer makes the determination that the Contractor is not performing the work in compliance with the approved Schedule, the Engineer may require the Contractor to resubmit an updated Schedule for review by the Engineer in compliance with the requirements stated herein.

The Contractor, at the sole discretion of the Engineer, may be considered as being in default of the contract under the provisions set forth in Section 6-7, Default by the Contractor, if the Engineer’s comments are not submitted as required hereinbefore and subsequently Schedule marked “No Exceptions Taken” by the Engineer.

Progress payments that are due under the contract are contingent upon the submittal of a Schedule or updated Schedule that is acceptable to the Engineer. The Agency may refuse to recommend the whole or part of any progress payment if, in the Engineer’s opinion, the Contractor’s failure, or refusal to provide the required Schedule information precludes a proper evaluation of the Contractor’s ability to complete Project within the Contract Time.

Failure of the Contractor to timely provide the Construction Schedule, to provide proper schedule updates as required by the Contract Documents, and/or to secure the necessary approvals by the Engineer shall constitute a waiver by the Contractor of any and all claims for delay or extended overhead for any reason.
6-1.4 Commencement of Work. Unless specified otherwise, Contractor shall start construction within 5 Working Days after the issuance of the NTP and diligently prosecute the Work to completion within the Contract Time. Contractor may not start any construction activity at the site until the Preconstruction Meeting is held and the NTP has been issued by the Agency. Contract time shall start on the first day work is commenced and in no case later than 5 days after the date NTP is issued. 6-1.5 Pre-Construction Meeting. The Agency will schedule a Pre-Construction Meeting after the award and execution of the Contract and prior to the start of construction. The Contractor (Principal and Project Superintendent) and any subcontractor responsible for 5 percent or more of the Work shall attend and be prepared to provide or discuss the following information:

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1. Contact names and numbers

2. Construction schedule, moratoriums and special events (if any)

3. Pre-NTP submittals as required

4. NTP issuance

5. Critical elements of the work

6. Project safety and emergency procedures

7. Water quality control

8. Utility coordination

9. Required permits

10. Coordination with other agencies

11. Subcontractors

12. Submittals and potential substitutions

13. Schedule of values

14. Payment process

15. Survey requirements

16. Materials and delivery schedule

17. All other items identified in the Contract Documents 6-2 PROSECUTION OF THE WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work without interruption to completion for each specific location and for the project as a whole. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as specified herein shall be included in the Contract Price. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the Work in whole or part, until the Contractor takes said steps.

If the Work is suspended directly or indirectly as a result of Contractor’s failure to adequately prosecute the work, failure to devote sufficient forces to prosecute the work in the opinion of the Engineer, repeated deficiencies in construction or corrective work, failure to implement project safety measures, etc., all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor.

If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-3 TIME OF COMPLETION.
6-3.1 General. All time limits stated in the Contract Documents are of the essence. The Contractor shall diligently and continuously prosecute the work to completion within 246 working days per contract year after the date of commencement of work as specified in the Notice to Proceed. Unless otherwise specified in the Contract Documents, the time of completion of the Contract shall be expressed in working days.
6-3.2 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing the allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working

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days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 5 days after receipt, setting forth specific facts to substantiate the protest. Otherwise, the statement will be deemed to have been accepted and any right to dispute the statement will be waived. 6-4. DELAYS AND EXTENSIONS OF TIME.
6-4.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of the Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in 6-4.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work beyond the ten working days included in the contract duration, inability to obtain materials, labor or equipment, required Extra Work, or other specific events as may be further described in the Special Provisions.

No 246extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule. Failure to order materials in a timely manner will not afford the Contractor any extension of contract time.

If delays beyond the Contractor’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in 6-

4.2. If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time per 6-4.2. 6-4.1.1 Damages Caused By Act Of Nature. As provided in §7105 of the California Public Contract Code, if this contract is not financed by revenue bonds, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by an act of God, in excess of 5% of the Contract Price if:

1. The Project damaged was built and protected in accordance with the Contract requirements, and

2. There are no insurance requirements in the Contract for the damages. 6-4.2 Extension of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.

The Agency will not grant a claim for extension in Contract Time unless Contractor can demonstrate through a Critical Path Method (CPM) analysis of the Schedule’s critical path(s) that:

1. The increases in the time to perform or complete the Work, or specified part of the Work, beyond the corresponding Contract Time arise from unforeseeable causes beyond Contractor’s control and without fault or negligence on the part of Contractor in whole or part, and

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2. Such causes in fact lead to delays in performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time, despite Contractor’s reasonable and diligent actions to guard against those effects.

The Schedule analysis must use delay sub networks i.e., fragnets to show the impact of the Work that is the basis of the Claim on specific impacted critical path Schedule activities. Fragnet is a group of schedule network activities representing a delay or change event.

Where the Contractor or subcontractors are prevented from completing any part of the Work within the Contract Time (or milestones) due to delay to a “critical path” activity beyond Contractor’s control, an extension of the Contract Time (or Contract milestones) in an amount equal to the time lost on the critical path of the Project due to such delay will be the Contractor’s sole and exclusive remedy for such delay.
6-4.2.1 Excusable Delays. To the extent any of the following events results in an actual delay in the Work affecting Work activities on the critical path, such will constitute an Excusable Delay, to the extent not set forth below:

1. The Agency’s failure or inability to make available any portion or the entire Site in accordance with the requirements of the Schedule.

2. The Agency’s failure or inability to obtain necessary zoning changes, variances, code changes, permits or approvals from any governmental authority, or failure to obtain any street or alley vacations required for the performance of the Work, except to the extent due to Contractor’s fault or neglect as determined by the Engineer.

3. Delays resulting from the acts or omissions of Separate Contractors, except to the extent Separate Contractors perform their work properly and in accordance with the Schedule.

4. Delays resulting from Force Majeure.

5. Differing, unusual or concealed site conditions that could not reasonably have been anticipated by Contractor in preparing the Schedule.

6. Delays resulting from the existence or discovery of hazardous materials or waste on the Site not brought to the Site by Contractor or its subcontractors.

7. Delays resulting from changes in Applicable Laws occurring after the date of execution of the Contract;

8. Delays occurring due to the Agency’s acts or omissions and those within the Agency’s control.

9. Delays resulting from the Agency’s mandated suspensions of the Work.

All other delays not specifically identified will be considered an Inexcusable Delay. 6-4.3 Payment for Delays. Pursuant to Section 7102 of the Public Contract Code, the Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant, decisions on means and methods, etc. The determination of what damages the Contractor could have avoided will be made by the Engineer.
6-4.4 Written Notice and Report. If the Contractor desires an extension of time or payment for a delay as specified in 6-4.2, it shall file with the Engineer a written request and report of cause within one (1) day after the act, event or circumstance that is the beginning of the delay. Contractor must submit its request for payment or extension with all appropriate back up information within 20 days from the act,

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event or circumstance that is the beginning of the delay and before the specified completion date. Failure by the Contractor to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.

The Contractor shall provide written notice to the Engineer within ONE (1) hour of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. The notices shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655.
“The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the Agency’s proposed final estimate in order for it to be further considered.” By: Title:

Date:

Company Name:

Should the Contractor fail to timely provide the notice(s) required by this section, Contractor will have waived any and all claims for delay attributable to standby and agrees that no delay has occurred and that it will not submit any claim(s) therefore.
6-4.4.1 Contract Time Extension and Schedule Analysis. A claim for extension in Contract Time will not be granted unless the Contractor can demonstrate through a Critical Path Method (CPM) analysis of the Schedule’s critical path(s) that the increases in the time to perform or complete the Work, or specified part of the Work, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time, despite the Contractor’s reasonable and diligent actions to guard against those effects.

The Schedule analysis shall use delay sub networks (“fragnets”) to show the impact of the Work that is the basis of the Claim on specific impacted critical path Schedule activities. Fragnet is a group of schedule network activities representing a delay or change event.

Where the Contractor is prevented from completing any part of the Work within the Contract Time (or milestones) due to delay to a “critical path” activity beyond the control of both the Agency and the Contractor, an extension of the Contract Time (or Contract milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be the Contractor’s sole and exclusive remedy for such delay; Contractor will not be entitled to any claim for extended conditions, home office overhead, or any direct or indirect costs associated with such delay.

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6-4.4.2 Event of Force Majeure (Event). Any party to this contract may be excused for any delay or failure to perform its duties and obligations except for obligations to pay money, caused by and to the extent that such failure or delay is caused by an Event.

If an Event causes a delay or failure in performance of only a portion of the obligations of a Party, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused.

Performance of all other obligations of a Party shall not be excused by an Event. Any delay or failure to perform shall only excuse the Party for a period no longer than the delay or failure in performance caused by such Event. An extension of the Contract Time (or Contract milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be the Contractor’s sole and exclusive remedy for such delay; Contractor will not be entitled to any claim for extended conditions, home office overhead, or any direct or indirect costs associated with such delay. The Contractor shall not be entitled to damages or additional payment for any delay caused by an Event beyond the time extension. 6-5 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence.

The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this subsection shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.

In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents.

The full, unimpeded use of the existing roadway and right-of-way, except in the immediate vicinity of an actual work operation, by the general public, including patrons, residents, their guests, and service people of the properties shall be permitted by the Contractor at all times. 6-5.1 RIGHT TO AUDIT. The Agency shall have the right to review and audit, and the reasonable right of access to your and all Subcontractor’s premises to review and audit your compliance with the provisions of the Contract. This right includes the right to inspect and photocopy same, and to retain copies, outside of your premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by the Agency in its sole discretion. The Agency will keep this information in strictest confidence.

The Contractor must include the Agency’s Right to Audit in the Subcontracts and ensure that these specifications are binding upon all Subcontractors.

The Agency’s Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the Agency determines is necessary to discover and verify that you are in compliance with all requirements under the Contract.

If there is a claim for additional compensation or for changes in Work, the Agency’s Right to Audit includes the right to examine and copy books, records, documents, bid preparation materials, and any and all other

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evidence and accounting procedures and practices that the Agency determines is necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additional compensation or for changes in the Work have been submitted.

You must maintain complete and accurate records in accordance with generally accepted accounting practices in the construction industry. Make available to the Engineer for review and audit all Project related accounting records and documents, and any other financial data. Upon the Engineer’s request, you must submit exact duplicates of originals of all requested records to the Engineer. 6-5.1.1 Compliance Required Before Mediation and Litigation. As a condition precedent to proceeding with mandatory mediation and further litigation under 2-10.1, “DISPUTE RESOLUTION PROCEDURES” you must comply with the audit specifications within 60 days of the Engineer’s notice to review and audit compliance. See 5-2, “SPECIAL NOTICES.” 6-6 SUSPENSION OF THE WORK
6-6.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified herein.
6-6.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer.

Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils.

The Contractor shall be entitled to an extension of time and compensation in accordance with 6-4. 6-7 DEFAULT BY THE CONTRACTOR.

6.7.1 General. The Contractor shall be in substantial default prior to the acceptance of the Work if the Contractor:

1. Becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work, or

2. Abandons the Work by failing to report to the Work site, or

3. Fails to diligently prosecute the Work to completion in accordance with the approved schedule, or

4. Disregards written instructions from the Engineer or materially violates provisions of the Contract Documents, or

5. Fails to prosecute the Work according to the schedule approved by the Engineer, or

6. Disregards laws or regulations of any public body having jurisdiction, or

7. Commits continuous or repeated violations of regulatory or statutory safety requirements, or

8. Repeatedly fails to construct Project work in accord with the Contract Documents in a good and workmanlike fashion, necessitating corrective and/or repair work.

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Notices, and other written communications regarding default between the Contractor, the Agency, and the Surety shall be transmitted in accordance with Section 5-2. 6-7.2 Notice to Cure. The Agency will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. Failure to cure the noticed default shall be a substantial breach of contract and substantial default by the Contractor.
6-7.3 Notice of Termination for Default. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Agency will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
a) Will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety, b) May use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
c) May furnish labor, equipment, and materials the Agency deems necessary to secure and maintain the Work site.

The Contractor shall be entitled to no further payment until the remaining portion of the Work has been completed. The Contractor will be paid the actual amount due based on Contract Unit Prices or lump sum Bid and the quantity of the Work completed at the time of default, less damages caused to the Agency by the default of the Contractor.

Costs incurred by the Agency in performing the Contractor’s work, plus a markup of 15% on those costs for overhead, shall be deducted from monies due or to become due to the Contractor. The Contractor shall pay to the Agency any amount by which those costs and markup exceed the unpaid balance of the Contract Price plus overhead costs incurred.

In the event a termination for default is later determined to have been made wrongfully or without default, then the termination shall be treated as a termination for convenience, and the Contractor shall have no greater rights than it would have had following a termination for convenience under Section 6-8. 6-7.4 Responsibilities of the Surety. Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Agency may do so, and may recover all costs incurred. The Surety shall notify the Agency that it is assuming all rights, obligations and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Agency a written plan detailing the course of action it intends to take to remedy the default. The Agency will review the plan and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Agency, the Agency may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Agency deems to be expedient. The cost of completing the Work by the Agency shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are

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insufficient for completion, the Surety shall pay to the Agency, within 30 days after the Agency submits an invoice, all costs in excess of the remaining Contract Price.

The provisions of this subsection shall be in addition to all other rights and remedies available to the Agency under the law.
6-7.5 Payment. The Surety will be paid for completion of the Work in accordance with 7-3 less the value of damages caused to the Agency by acts of the Contractor. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE. The Agency may terminate the Contract in whole or, from time to time, in part, if it becomes impossible or impracticable to proceed, because of conditions or events beyond the control of the Agency e.g., if the Agency Council does not appropriate sufficient monies to fund the Contract.

The Agency will issue a written notice of termination for convenience in accordance with 5-2, “SPECIAL NOTICES.” Upon receipt, the Contractor shall immediately proceed as follows:

1. Stop Work immediately or in accordance with the Notice of Termination.

2. Notify Subcontractors and suppliers to immediately cease their work and place no further subcontracts for materials, services, or facilities, except as necessary to complete any authorized continued portion of the Contract.

3. Terminate all Subcontracts to the extent that they relate to the Work terminated.

4. With approval by the Engineer, settle all outstanding obligations arising from the termination of subcontracts; the approval of which will be final for purposes of this section.

5. As directed by the Engineer, transfer the title and deliver to the Agency, completed or partially completed drawings, plans, calculations, specifications and any other documents and records that, if the Contract had been completed, would be required to be furnished to the Agency.

6. Complete performance of the Work not terminated.

7. Take all necessary steps and actions to minimize all costs to the Agency as a result of the termination.

8. Take any action that may be necessary, or that the Engineer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Agency has or may acquire an interest.

The Contractor will be paid without duplication for:

1. Work completed in accordance with the Contract Documents prior to the effective date of termination for convenience;

2. Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and

3. Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the Agency no later than 90 days from the effective date of termination, unless extended, in writing, by the Agency upon written request by the Contractor.

If the Contractor fails to submit a proposal, the Agency may determine the amount, if any, due the Contractor as a result of the termination. The Agency will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Agency as being reasonable, the Contractor shall provide notice to the Agency within 30 days of receipt of payment. Any

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amount due shall be as later determined by the parties in a mediation, or, if the parties are unable to reach an agreement at mediation, as fixed in a court of law.

All settlements related to termination of the contract in accordance with this section will be subject to the approval of the Agency Board before ultimately becoming final. 6-8.1 Termination Settlement. After termination, the Contractor shall submit a final termination settlement proposal to the Engineer in the form and with the certification prescribed by the Engineer. The Contractor shall submit the proposal promptly, but no later than 6 months from the effective date of termination, unless extended, in writing, by the Engineer upon written request of the Contractor within this 6 month period.

If the Engineer determines that the facts justify it, a termination settlement proposal may be received and acted on after 6 months or any extension. If the Contractor fails to submit the proposal within the time allowed, the Agency may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due the Contractor as a result of the termination and pay the amount determined. If the Contractor does not agree that the amount determined by the parties in a mediation, or, if the parties are unable to reach an agreement at mediation, as fixed in a court of law. 6-8.2 Payment to the Contractor Due to Termination. Subject to 6-8.1, “Termination Settlement” the Contractor and the Engineer may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. The agreed amount may not exceed the total dollar amount authorized by the Agency as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated. The contract shall be amended, and the Contractor paid the agreed amount. Subsection 6-8.3, “Failure to Agree on Payment,” shall not limit, restrict, or affect the amount that may be agreed upon to be paid in accordance with this subsection.
6-8.3 Failure to Agree on Payment. If the Contractor and the Agency fail to agree on the whole amount to be paid because of the termination of Work, the Agency will pay the Contractor the fair and reasonable amounts determined in good faith by the Agency as follows, but without duplication of any amounts agreed on in accordance with 6-8.2, “Payment to the Contractor Due to Termination:” The Contract Price for completed services accepted by the Agency not previously paid or adjusted for any saving of freight and other charges. The total of:

1. The costs incurred in the performance of the Work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to services paid or to be paid in accordance with 6-8.3, “Failure to Agree on Payment”;

2. The fair and reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract if not included in subdivision “a”, above;

3. A sum, as provided in subdivision “a”, above, determined by the Engineer to be fair and reasonable under the circumstances; however, if it appears that the Contractor would have sustained a loss on the entire contract, had it been completed, the Agency will allow no profit and shall reduce the settlement to reflect the indicated rate of loss.

4. The reasonable costs of settlement of the Work terminated, including:
a. Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination of settlement proposals and supporting data;

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b. The termination and settlement of subcontracts (excluding the amounts of such settlements); and
c. Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of property in which the Agency has or may acquire an interest. 6-8.4 Determination of Amount Due the Contractor. In arriving at the amount due the Contractor in accordance with this section, there shall be deducted:

1. The fair value of property destroyed, lost, stolen, or damaged that has become undeliverable to the Agency except to the extent the Agency expressly assumed the risk of loss;

2. All un-liquidated advance or other payments to the Contractor under the terminated portion of this contract;

3. Any claim which the Agency has against the Contractor under this contract; and

4. The agreed price for or the proceeds of sale of materials, supplies, or other things acquired by the Contractor or sold under the provisions of this section and not recovered by or credited to the Agency.
6-8.5 Partial Termination. If the termination is partial, the Contractor may file a proposal with the Engineer for an equitable adjustment of the price(s) of the continued portion of the Contract. The Agency will make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this section shall be requested within 90 days from the effective date of termination, unless extended, in writing, by the Engineer.
6-8.6 Partial Termination Payments. The Agency may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the Contract if the Engineer believes the total of these payments will not exceed the amount to which the Contractor will be entitled.

If the total payments exceed amounts finally determined to be due, the Contractor shall repay the excess to the Agency upon demand, together with interest. Interest shall be at a rate of 6% per annum compounded daily and shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor’s termination settlement proposal because of retention or disposition, or a later date determined by the Engineer because of the circumstances. 6-8.7 Records and Documents Relating to Termination. Unless otherwise provided in the Contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor’s costs, expenses, and settlement under this contract. The Contractor shall make these records and documents available to the Agency, at the Contractor’s office, at all reasonable times, without any direct charge. If approved by the Engineer, photographs, microphotographs, and other authentic reproductions may be maintained instead of original records and documents. 6-8.8 Rights of The Agency Preserved. Where the Contract has been terminated by the Agency in accordance with 6-8, “Termination of the Contract for Convenience” the termination will not affect any rights or remedies of the Agency against the Contractor then existing or which may thereafter accrue.

Any retention or payment of monies paid to the Contractor by the Agency shall not release the Contractor from liability.

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6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $250 for each consecutive calendar day in excess of the time specified for completion of the Work plus additional days approved by the Engineer.

Execution of the Contract shall constitute agreement by the Agency and Contractor that amount specified as liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
6-10 CLAIMS FOR DAMAGES. Should the Contractor suffer injury or damage to person or property because of any act or omission of the Agency or the Agency’s employees, agents or others for whose acts the Agency is legally liable, such claim shall be made by the Contractor in writing to the Agency within a reasonable time, not to exceed 30 days, after the first observance of such injury or damage. Failure to submit the written claim within in this time requirement shall constitute a waiver of any such claim.

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SECTION 7 – MEASUREMENT AND PAYMENT
7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
7-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis.

Unless otherwise provided in the Special Provisions, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension.

Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer of any discrepancy between the Bid and Contract Documents and actual conditions. No work shall be done in any area of such discrepancy until approval for same has been given in writing by the Engineer.

It is the Contractor’s sole responsibility to perform its own, independent, quantity take offs for final pay quantity bid items. All final pay quantities shall be verified and approved by the Engineer 7-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 7-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered.
7-1.4 Units of Measurement. A metric ton or “tonne” is equal to 1,000 kilograms and the unit of liquid measure is a Liter (in U.S. Standard Measures, a pound is an avoirdupois pound, a ton is 2,000 pounds; and the unit of liquid measure is the gallon).

The system of measure for this Contract shall be the U.S. Standard Measures. Data provided by the Agency for final pay or other quantities are for information purposes only and shall not be grounds for disputing actual quantities of work performed and their payment.
7-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “LS”, or “Job,” shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto.

When required by the Special Provisions or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed Schedule of Values to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum Bid item. This schedule shall equal the lump sum Contract Price or Bid item price and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum.

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7-3 PAYMENT
7-3.1 General. The quantities listed in the Proposal will not govern final payment. Payment to the Contractor will be made only actual quantities of Contract items constructed in accordance with the Contract Documents. Upon completion of the Work, if the actual quantities show either an increase or decrease from the quantities in the Proposal, the Contract Unit Prices will prevail except as otherwise stated herein.

Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material.

The Contract Documents specify in several locations when the Agency may deduct costs for Agency actions. These deductions will be made on the next progress payment to the Contractor that is due, upon approval by the Engineer.

Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to completion of the Work.

Warranty periods shall not be affected by any payment.

If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws plus an additional 25-50% of the stop payment notice amount to cover Agency’s anticipated costs and attorneys’ fees in connection with such payment dispute
At the expiration of 35 days from the later of the date of recording of the Notice of Completion or the date of acceptance of the performance of the Contract by the City Council or Governing Board of the Agency, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld pursuant to notices to stop payment received on the Project, or as may be authorized by the Contract Documents to be further retained.

Guarantee periods shall not be affected by any payment, but shall commence on the Date of Completion specified in the “Notice of Completion”
7-3.2 Partial and Final Payment. After award of the Contract the Engineer will establish a periodic day of the month for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly submittal date be changed. The Engineer may approve such request when it is compatible with the Agency’s payment procedure.

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Each month the Engineer will make an approximate measurement of the work performed to the closure date and estimate its value based on contract unit prices as a basis for making monthly progress payments, and in accordance with 7-2. When the Work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.

The Agency shall retain not less than 5 percent from each progress payment until acceptance project by the Board.

No progress payment made to the Contractor or its Sureties will constitute a waiver of accrued liquidated damages (if any).

Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any retention withheld by the Agency.

No payment shall be required to be made by the Agency when in the judgment of the Agency:

1. Work is defective or incomplete;

2. Third party claims are filed or the Agency has reasonable evidence indicating probable filing of such claims;

3. The Contractor fails to make payments in accordance with California law to Subcontractors, or for labor, materials or equipment;

4. The remaining work cannot be completed for the unpaid balance remaining in the Contract;

5. The Contractor has caused damage to the Agency or another in the course of executing the Work and has failed to make the aggrieved party whole;

6. The Agency has reasonable evidence that the Work will not be completed within the Contract Time and liquidated damages may exceed any amounts due or that remain in the Contract; or

7. The Agency has reasonable evidence of persistent failure of the Contractor to carry out the Work in accordance with the Bid and Contract Documents.

No payment made hereunder shall be construed to be an approval or acceptance of any defective Work or improper materials.

Neither the final payment nor the remaining retention shall become due until the Contractor submits to the Agency the following:

1. Completes, executes and submits all “Close-Out Documents.”

2. Consent of the sureties issuing the Bond for Faithful Performance and Contractor’s Payment Bond to final payment, and

3. If required by the Agency, other data or documentation establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Agency. If any Subcontractor refuses to furnish a release or waiver required by the Agency, the Contractor may furnish a bond satisfactory to the Agency to indemnify the Agency against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Agency all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ fees.

4. All complete and correct certified payroll documents. If the Contractor’s payroll is being reviewed by the Department of Industrial Relations then a release from the DIR is required.

5. All warranties and manuals.

6. All training has occurred to the satisfaction of the Engineer.

7. All other deliverables have been accepted by the Engineer.

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Submission by the Contractor of an invoice or invoice coversheet marked “Final” (not “Retention Payment”) shall operate as a release by Contractor of the Agency, its officers, elected officials, officers, employees, volunteers, agents and private consultants of all claims and all liability to the Contractor for every act, omission or items furnished in connection with the Work by Agency, its officers, elected officials, officers, employees, volunteers, agents and private consultants relating to or arising out of the Work. Similarly, Contractor’s submission of the final invoice or invoice coversheet marked “Final” (not “Retention Payment”) shall operate as a waiver by Contractor of any claims for payment for extra work, changed conditions, delays, and other sums unless specifically identified and excepted from the scope of such waiver.

No payment, final or otherwise, shall operate to release the Contractor or the Contractor’s sureties from any obligations under the Bid, Contract, or Contract Documents, applicable law or in connection with the Contractor’s Faithful Performance and Payment Bonds. The release of the Contractor’s Faithful Performance and Payment Bonds must be expressly authorized by the City Council or Governing Board of Agency.
7-3.3 Delivered Materials. When provided for in the Special Provisions, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate.

The cost of materials and equipment delivered but not incorporated into the Work will not be included in the cost of the relevant items of work and there shall be no additional costs to the Agency. 7-3.4 Mobilization/Demobilization. Mobilization and demobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the move-on and move-off operations of personnel, equipment, supplies, and incidentals to the project site, for the establishment of all offices, storage yards, buildings, hook-up and disconnects for utility services, and other facilities necessary for work on the Project, and for all other work and operations including the application for and acquiring of permits from other agencies, which must be performed or costs incurred prior to beginning work on the various items of work on the Project Site.

When applicable, Mobilization/Demobilization shall be paid for at the Contract lump sum price bid. The lump sum price for Mobilization/Demobilization shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, overhead, taxes, fees and profit for doing all the work involved in mobilization and demobilization. When the Contract does not include a contract pay item for mobilization and demobilization full compensation for any necessary mobilization and demobilization required shall be considered as included in the relevant items of work; there will be no additional costs to the Agency.

Payments for Mobilization/Demobilization will be made in accordance with one of the following schedule(s) at the sole discretion of the Engineer:
(i) 60% after construction begins and 40% after acceptance of the completed project by the Engineer (ii) A percentage of the bid item for mobilization will be paid at each progress payment equal to the percentage of the project completed. Determination of the percentage of project completed shall made by dividing the total contract amount by the total amount invoiced to date as approved by the Engineer.

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Higher percentages than those described above for payments of the mobilization bid item may be made at the sole and final discretion of the Engineer. This may be done if, in the exclusive opinion of the Engineer, certain materials, personnel, and/or other items of equipment are of an unusual or highly specialized nature and the cost of the mobilization of these items is considered disproportionate to the mobilization costs of the rest of the project.

7.3.5 Contract Unit Prices

7.3.5.1 General. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve a substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.

If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 25 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 25 percent, payment will be made per 7-3.5.2 or 7-3.5.3 as appropriate.

If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per 7-3.6.1. 7-3.5.2 Increases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per 7-4.

The Extra Work per 7-4, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125 percent of the Bid quantity at the Contract Unit Price.
7-3.5.3 Decreases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per 7-4; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price.
7-3.6 Stipulated Unit Prices. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions.
7-3.6.1 Payment for Overtime Work. Except as otherwise provided in this Section, the Contractor shall not receive additional compensation for overtime work; i.e., work in excess of 8 hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will

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be paid to the Contractor for overtime work only in the event extra work is ordered by the Engineer and the change order specifically authorizes the use of overtime work and then, only to such extent as previously approved by the Engineer.
7-3.7 Failure to Agree on Prices. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work per 7-4, except as otherwise specified in 7-3.5.2 an 7-3.5.3.

7.3.8 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination.

If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material.

In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor.

Actual costs, as used herein, shall be computed on the basis of Extra Work per 7-4. 7-4 PAYMENT FOR EXTRA WORK.
7-4.1 General. The Contractor, in providing the services set forth herein, shall not perform work in excess of the project without the written permission of the Agency or its designated representative. All requests for extra work shall be by written change order submitted to the Agency and approved in writing prior to the commencement of the work.
7-4.2 Basis for Establishing Costs
7-4.2.1 Labor. The cost of labor shall be the actual cost for wages of workers performing the Extra Work at the time the Extra Work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.

The use of a labor classification which would increase the Extra 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.

The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to the Extra Work will be paid. Non-direct labor costs, including superintendence, shall be considered part of the markup specified herein.
7-4.2.2 Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the Work site in the quantities involved, plus sales tax, freight, and delivery.

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The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency.
7-4.2.3 Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less.

Regardless of ownership, the rates to be used in determining equipment rental costs shall be the rates indicated in the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rates” current edition at the time the Extra Work is performed.

The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals.

Necessary loading and transportation costs for equipment used on the Extra Work shall be included.

If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency.

All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used.

The reported rental time for equipment already at the Work site shall be the duration of its use on the Extra Work. This time shall begin when the equipment is first used on the Extra Work, plus the time required, to move it from its previous site and back, or to a closer site. 7-4.2.4 Other Items. The Agency may authorize other items which may be required on the Extra Work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors.
7-4.2.5 Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the daily report. If the daily report is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report.
7-4.3 Markup
(a) The overhead and profit markup for extra work by the contractor for their own work shall be:
a. Labor 20%
b. Materials 15%
c. Tools and equipment 15%
(b) The overhead and profit markup for extra work by the subcontractor for their own work shall be:
a. Labor 20%
b. Materials 15%
c. Tools and equipment 15%

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The prime contractor markup for subcontractor work shall be 5%. Regardless of the number of hierarchical tiers of Subcontractors, the 5% Contractor’s mark-up may be applied one time only to the performing Subcontractor’s total cost.

Costs for additional bond premiums shall be calculated at the end of the project and a change order for the credit or additional costs shall be paid at that time by Change Order.

The mark up percentages shall include all direct and indirect costs and time impacts including but not limited to profits and extended home office overhead associated with the extra work. 7-6 Field Orders. Field Order items of work may be paid for under this section provided that the dollar value of all such changes does not exceed $2,000.00 for each individual field order and the accumulative total of Field Orders does not exceed the Field Order Bid Item.

The Field Order bid item allowance is predetermined by the Agency, is included in all bids and is not subject to change by the Bidder.

Only the Engineer or Engineer’s pre-designated representative may order work to be paid under the Field Order line item.

The description of the scope of work on any Field Order may be general in nature but without exception shall include all other work necessary to complete the work generally described.

The amount indicated on any Field Order shall include all direct and indirect cost for all equipment, materials, labor, field and home office overhead, mark-ups, taxes, fees, effect on other items of work, all other work necessary to complete the Field Order work and profit. By executing the Field Order, Contractor agrees that no additional compensation or claims for items of Work listed in the Field Order will be allowed.

Payment for work under this bid item will only be made upon presentation of a properly executed Field Order attached to a monthly invoice and confirmed by the Engineer.

This bid item is considered incidental to the Contract and may be deleted partially or in its entirety.

The contractor is not entitled to any of the unused portion of this bid item.

This item is not subject to any provisions regarding the sharing of cost savings in these specifications or the contract.
7-7 Prompt Payment. Not later than 10 days after receipt of each progress payment, the Contractor or Subcontractor shall pay to any subcontractor the respective amounts allowed the Contractor on account of the work performed by the Subcontractor to the extent of each Subcontractor’s interest therein, unless the parties have agreed otherwise in writing. In cases of Subcontractor performance deficiencies, the Contractor shall make written notice of any withholding to the Subcontractor with a copy to the Engineer. Upon correction of the deficiency, the Contractor shall pay the Subcontractor the amount previously withheld not later than 14 days after payment by the Agency. Any violation of California Business and Professions Code, § 7108.5 concerning prompt payment to Subcontractors shall subject the violating Contractor or Subcontractor to the penalties, sanction and other remedies of that section. This section shall not be construed to limit or impair any contractual, administrative, or judicial remedies

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otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the Prime Contractor or a subcontractor, deficient subcontract performance, or noncompliance by a subcontractor.
7-7.1 Prompt Payment of Funds Withheld To Subcontractors. The Agency will hold retention from the Contractor and will make prompt and regular incremental acceptances of portions, as determined by the Engineer, and pay retention to the Contractor based on these acceptances. The Contractor or Subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Work by the Agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the Agency’s prior written approval. Any violation of this provision shall subject the violating the Contractor or Subcontractor to the penalties, sanctions and other remedies specified in § 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by Contractor or subcontractor, deficient subcontract performance, or noncompliance by a subcontractor.
7-8 WAIVER OF CLAIMS. Submission of an invoice labeled “final invoice” in any way shall constitute a waiver of any and all claims by the Contractor and releases the Agency, the Successor Agency (if any), and all private consultants and for each their elected officials, appointees, officers, agents, employees, contract employees, consultants, heirs and assigns from all claims and all liability for all things done or furnished in connection with the Work, and every act of the Agency, the Successor Agency (if any), and all private consultants and for each their elected officials, appointees, officers, agents, employees, contract employees, consultants, heirs and assigns and others relating to or arising out of the Work and related to those undisputed amounts. No payment, however, final or otherwise, will release the Contractor and the Surety from obligations under the Contract and the Performance Bond, Payment Bond, and other bonds and warranties as herein provided.

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SECTION 8 – INTENTIONALLY OMITTED

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SECTION 9 – MISCELLANEOUS
9-1 NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contract Code section 9201, the Agency shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
9-2 STATE LICENSE BOARD NOTICE. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within 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 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.
9-3 INTEGRATION

1. These Contract Documents, together with its incorporated documents, contains the entire, integrated agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void.

2. Any modification of this Contract shall only be effective if in writing signed by all parties.

3. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

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SPECIAL PROVISIONS
PART 1 — GENERAL PROVISIONS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 1 of the General Provisions, except as otherwise indicated herein. In the event of any conflict between the General Provisions and these Special Provisions, these Special Provisions shall control. 3-12.3 Noise Control
A. A noise level limit of 65 dbA at a distance of 50-ft. shall apply to all construction equipment on jobsite regardless of ownership. Use of excessively loud warning signals shall be avoided except in cases required for personnel protection.
3-12.4.2 Storage in Public Streets
A. Up to 400 sf of off-street storage area will be provided for staging at city storage sites identified by Engineer.

B. Overnight on-street storage of equipment or materials is not permitted without approval by Engineer.

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PART TWO – TECHNICAL SPECIFICATIONS

1. MAINTENANCE STANDARDS AND SPECIFICATIONS

1.1. City of San Marino maintains its trees in cycled pruning of 4 geographic districts plus Lacy Park. Pruning is to be performed block by block, typically consisting of the completion of 1 district each year, subject to the instructions of the Urban Forester or authorized representative. This method of tree maintenance assures that each tree is evaluated, the site is inspected, and the trees are maintained appropriately on regular four-year intervals.

1.2. The Contractor shall trim trees based on seasonal appropriateness and the logistical needs of the City.

1.3. All work performed by Contractor shall conform to the latest Mature Tree and Young Tree Pruning Guidelines of the International Society of Arboriculture (ISA), The American National Standard for Tree Pruning (ANSI A300) and specifications listed herein. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute and Z133 Safety Requirements and be TCIA Accredited.

1.4. All pruning methods shall comply with the arboricultural industry standards and shall meet at a minimum the following the requirements:

1.4.1. Contractor must assure that no hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming including aerial boom truck equipment with boom height capacity in excess of 90 feet. The City will not allow workers gaffing into palms as a substitution for equipment that does not meet equipment height requirements.

1.4.2. Topping, heading back or lion-tailing is not an acceptable method of pruning within the City, and is strictly prohibited.

1.4.3. Final pruning cuts shall be made without leaving stubs.

1.4.4. Cuts shall be made in a manner to promote fast callous growth.

1.4.5. Prune so as to maintain a balanced appearance when viewed from the opposite site of the street, immediately opposite the tree, unless authorized by the Urban Forester or their designee to do otherwise.

1.4.6. When removing a live tree branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.

1.4.7. When removing a dead tree branch, the final cut should be made outside the collar of life callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed. The live collar should remain intact and uninjured.

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1.4.8. When removing limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut.

1.4.9. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in the tearing of tissue on limbs below cuts shall be corrected.

1.4.10. All pruning tools, saws and equipment shall be kept sharp and in good condition to result in final cuts with an un-abrasive wood surface and secure bark remaining intact.

1.4.11. Chainsaws will not be permitted to remove any branches 2 inches or less in diameter.

This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease and/or decay problems.

1.4.12. When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with bleach.

1.4.13. Any vine plant growing on the trees shall be removed to ground level. Vine tendrils shall be removed without injury to trees.

1.4.14. Any extraneous metal, wire, rubber, nails or other material interfering with tree growth shall be removed when possible.

1.5. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor’s personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. In the event that work causes excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

1.6. Contractor shall staff each project work site with a Supervisor who holds a current International Society of Arboriculture (ISA) Certified Arborist Credential. All Supervisors shall possess adequate technical background to ensure that all work is accomplished in compliance with these Special Conditions. All Contractor personnel engaged in the actual tree pruning shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel (e.g. ground workers, traffic control staff) shall have sufficient training so as to be capable of performing their functions in a safe and proficient manner.

1.7. Tree and Site Evaluation for Hazard

1.7.1. Any hazardous conditions shall be reported to the City immediately. Before commencement of tree work, Contractor shall evaluate the tree and site for any hazardous conditions. This includes observance of any structural weakness, decayed trunk or branches, or split crotches or limbs. This also includes uplifted or sunken sidewalks, and uneven tree grates or tree wells below the grade. Any hazardous conditions shall be reported to the Urban Forester or their designee the same day it was observed.

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1.8. Tree Evaluation

1.8.1. Contractor shall evaluate trees and prescribe a proper application for each individual tree before commencement of tree work. Contractor shall contact the Urban Forester or their designee if the prescribed application is outside the scheduled price.

1.9. Pre-Inspection

1.9.1. Trees that Contractor identifies as not posing a threat to the public but are otherwise in poor condition shall be referred to the Urban Forester or designee prior to the commencementof routine maintenance for assessment and a determination regarding if tree removal is required and preferential to other methods of maintenance.

1.9.2. Prior to the commencement of work in the vicinity of any tree, Contractor shall identify the location of utilities, irrigation components and/or any private property elements that could be compromised by any work activity. If identified, Contractor shall take appropriate action to protect same.

1.9.3. If during the course of pre-inspection, Contractor identifies damage to private property or City property that exists before the onset of the work, Contractor shall digitally photo-document and report such damage to the Urban Forester prior to commencing work in the area. Digital photo-documentation should be time and date embedded. Any claim of damage that cannot be refuted by photo-documentation and log of a report to Urban Forester shall be considered the responsibility of the Contractor.

1.10. Wildlife Protection

1.10.1. Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of nests or wildlife of any type. The Contractor is responsible for following all relevant laws and Best Management Practices (BMPs) concerning wildlife.

1.10.2. Contractor shall cease work in a tree if a nest belonging to a bird protected by the federal Migratory Bird Treaty Act or other locally relevant law is found and is determined to be active, and work shall not be performed in adjacent trees within minimum encroachment distances as determined by federal, state, and local laws unless given permission by the Urban Forester or designee in cases of emergencies.

1.10.3. Any tree with an active nest or nearby active nest as defined above shall have work rescheduled to outside the active nesting season, generally between March 1 and August 31, or at a point when the nest is determined to no longer be active.

1.10.4. At no time shall any nest or wildlife be moved from its location. In the event that wildlife is accidentally displaced and needs assistance, Contractor shall notify the Urban Forester or designee.

1.11. Maintenance Tree Pruning

1.11.1. Maintenance pruning of trees is based on tree species, growth characteristics, tree form, tree condition, and tree structure. Tree evaluation before pruning determines

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what pruning must be performed to achieve or enhance a tree’s structural integrity, appearance, or desired size. City trees are pruned to raise for clearance to reduce its size and to restore after damage to tree has occurred. Maintenance tree pruning includes:

1.11.1.1. pruning to raise

1.11.1.2. pruning to reduce

1.11.1.3. pruning to restore

1.11.1.4. young tree maintenance

1.11.2. The specific techniques employed shall be consistent with industry practices for the size andspecies of the tree being trimmed.

1.11.2.1. All dead, broken, damaged, loose, diseased or insect infested limbs, branches and stubs shall be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. Branches that are developing in a manner as to become larger than the limbs they originate from shall be removed.

1.11.2.2. When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the likelihood of limb failure. All cuts shall be made just outside the branch collar to the parent stem so that the wound closure can readily start under normal conditions.

1.11.2.3. Final pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth.

Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made.

1.11.2.4. The branch collar should be removed. All limbs 2 inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless approved by the Urban Forester or designee.

1.11.3. The Urban Forester or their representative may request Service Request Tree Pruning (as identified in the Schedule of Compensation) for periodical requests to provide Maintenance Tree Pruning to trees that are located outside the scheduled district or grid. Contractor shall consult the Urban Forester or designee before making any cuts that could result in permanent disfigurement of the structure of any tree. If Contractor is, at any time, unclear on what course of action to follow in the field, Contractor shall consult with the Urban Forester or designee. [Addendum #4]

1.12. Coniferous Trees

1.12.1. Contractor shall follow the shape indicated by the natural growth habits of each tree species. No more foliage shall be removed than is required to achieve specified

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pruning objectives. Contractor shall avoid damaging the central leader. In some cases, the Urban Forester or designee may direct the Contractor to remove the central leader to limit the height of a tree.

1.12.2. At the time of the pruning, the Urban Forester or designee shall determine which trees shall have the new growth pinched back in an effort to control canopy size.

1.12.3. To control the growth of large, mature conifer trees, Contractor shall prune the new growth of lateral limbs. Pruning conifers shall typically include the removal of crossed limbs, dead wood and unwanted branches from the interior of the canopy.

1.13. Broadleaf Trees

1.13.1. Contractor shall follow the shape indicated by the natural growth habits of each tree species. Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. No more foliage shall be removed than is required to achieve specified pruning objectives.

1.14. Palm Trees

1.14.1. Unless otherwise approved by the Urban Forester or designee, standard palm trimming will include the removal of all dead and declining fronds and seed pods so that the remaining healthy fronds exist at a horizontal plane at the head of the palm tree.

1.14.2. All frond sheaths or husks shall be skinned along the entire length of the tree. Live trunk tissue should never be cut while pruning palm fronds. City Representatives may require on specific palm species to minimize the risk of disease transmission to prune only green fronds with disinfected in 1% bleach solution after each tree pruning.

1.14.3. Care shall be taken in the handling of fruit and flowers as they are likely to release liquids that react with and can cause staining to hardscape elements. The Contractor shall be responsible for removing palm fruit related stains from private property hardscape.

1.14.4. All palm street trees are currently on an annual pruning cycle. When palms of any height are under high voltage power lines, Contractor shall contact the Urban Forester or designee to determine if removal is preferred. Volunteer palm trees shall be referred to the City prior to pruning to determine if removal is the preferred action.

1.15. Pruning to Raise

1.15.1. Trees shall have the selective branches removed to provide clearance. “Tree Raising” (as identified in the Schedule of Compensation) shall involve street trees being trimmed to provide a minimum clearance of 14 feet over the roadway (16.5 feet for Huntington Drive and Sierra Madre Boulevard) and 7 feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights.

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1.15.2. Trees should be cleared of sprout or sucker growth to a minimum of 10 feet above ground level. Exceptions are for young trees, which would be irreparably damaged by such pruning action.

1.16. Pruning to Reduce

1.16.1. Street trees prescribed to be reduced in size shall have end weight reduced by removal of branches and stems to decrease the height and/or spread of a tree. This type of pruning is done to minimize the risk of failure, to reduce height or spread for utility clearance, to clear from buildings or other structures, or to improve tree appearance. Reduction cuts shall be done using “drop crotch” method and no heading cuts. Trees shall also be trimmed a minimum 5 feet from structures and a minimum 10 feet from chimneys to remove any hindrance with buildings as per California Building and Safety Code.

1.17. Pruning to Restore

1.17.1. Street trees that have been damaged and are prescribed to be restored shall have selectively removed branches, sprouts and stubs. This pruning is mostly done to trees that have been broken, topped, severely headed, or lion tailed.

1.18. Street, Park, Facility, and Open Space Tree Pruning Distinctions

1.18.1. City trees shall be pruned in methods that abide by the above provisions, which pertain in whole to Street trees. However, City trees occupy diverse locations and the style of work may vary based on the area involved or the tree itself. The Urban Forester or designee shall be consulted prior to pruning broadleaf or coniferous trees in individual City Parks, Open Spaces, or Facilities to ensure trees are trimmed to the specific expectations of the Urban Forester or designee in the location(s) involved.

Palm trees in any location in the City described above shall be pruned according to Palm Trees specifications above.

1.19. Park Trees

1.19.1. Park trees adjacent to roadways, walkways, and buildings shall be pruned to the same standards as described in Section 1.15 (Pruning to Raise) and Section 1.16 (Pruning to Reduce). Park trees adjacent to picnic tables or other public gathering places shall be pruned according to these standards as well. For Park trees not located near the above mentioned locations, pruning shall be done in a manner that retains the natural appearance of the trees, with fewer lower limbs removed and limited shaping of the canopy. Prior to the start of any work, Contractor shall notify the Urban Forester or designee to ensure the work area is unobstructed and prepared for the scheduled tree work.

1.20. Open Space Trees

1.20.1. City Open Spaces contain natural oak woodlands and other natural ecosystems. Trees in City Open Spaces are not to be pruned unless to mitigate a hazard to the public, remove debris from private property, or in other situations as determined by the Urban Forester or designee. Prior to the start of any work, Contractor shall notify the Urban Forester or designee to ensure the work area is unobstructed and

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prepared for the scheduled tree work. The GlendaleSan Marino Fire Department’s Vegetation Management Program typically sets the required scope of work for trees in Open Spaces or in similar parcels adjacent to Open Space. [Addendum #4]

1.21. Facility Trees

1.21.1. Facilities in the City have diverse uses and needs, as do their trees. The Urban Forester or designee shall be consulted prior to work in a City Facility for direction on the method of pruning. Generally, Facility trees should be pruned as described in the above provisions.

1.21.2. Occasionally, specimen trees may require additional attention or trees adjacent to parking lots may require less clearance than on trees adjacent to typical walkways or roadways. Prior to the start of any work, Contractor shall notify, or contact the Urban Forester to notify the Urban Forester or designee to ensure the work area is unobstructed and prepared for the scheduled tree work.

1.22. Young Tree Maintenance

1.22.1. Young trees shall be pruned to establish the trees’ future and permanent structure which is consistent with industry guidelines and standards specific to Young Tree Maintenance or Training as recognized in the ISA Best Management Practices. Such work will include the removal or replacement of stakes, ties or guy lines as needed to provide adequate support for the tree, the removal or reinstallation of trunk guards as needed, and the removal or re-establishment of tree watering basins as needed.

Temporary branching along the young trees lower trunk shall be retained to promote good trunk taper and structural development. The City’s in-house forestry crew currently is responsible for Young Tree Maintenance for all City street trees for the first 3 years after being planted, but the City will occasionally request the Contractor handle this service for specific trees or areas. Contractor is responsible for young tree maintenance for one calendar year after planting. [Addendum #5]

1.22.2. All trees 6 inches in diameter or less shall be pruned with hand tools only.

1.23. Tree Removal

1.23.1. The trees to be removed will be marked in a manner determined by the Urban Forester or designee. Only those trees so marked shall be removed by the Contractor.

1.23.2. Trees shall be felled in a manner consistent with industry practices with the primary emphasis on the safety of the public and the protection of adjacent property. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type.

1.23.3. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in GlendaleSan Marino. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified crane operators shall not result in additional charges to the City. [Addendum #4]

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1.23.4. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop longs or trunks so as to create undue noise or impact shock disturbances or damages to public and/or private property.

1.23.5. Stumps shall be ground to a minimum of 12 inches below the level of the adjacent ground. Holes shall be filled with resulting mulch and raked level with the adjacent ground. For larger tree removals, the Contractor shall grind an additional 12 inches around the circumference of the removed trunk, or import soil as needed to till into backfill in order to attain even grade with the adjacent ground. All wood, debris and excess mulch shall be removed and the surrounding area shall be raked and/or swept clean.

1.23.6. NOTE: If stump grinding does not follow within the same work day as removal, a safety barricade shall be placed and maintained over the stump until the stump grinding is complete.

1.23.7. The Contractor shall be responsible for contacting Underground Service Alert (USA) 1-800-227-2600 for the locating of underground utilities prior to stumping operations.

The Contractor is also responsible for identifying the location of all public and private property landscape irrigation prior to the removal of a tree and its roots. The Contractor shall be responsible for the repair of any private property irrigation system components that are damaged during a tree removal or stump grinding.

1.23.8. Repairs should be made using components matching those that were damaged.

1.24. Tree Planting

1.24.1. Planting trees includes staking and installing ties, trunk guards, root barriers (only as requested by the City), woodchip mulch, and water to maximize tree health and survival by using the City reclaimed water. Contractor shall provide trees and all materials and labor necessary for a complete and proper installation. New trees are to be installed in accordance with APWA Standard plans for Public Works construction details 520-2 and double staked per 518-2 double.

1.24.2. The Contractor shall identify the location of all utilities and public and private property landscape irrigation components prior to the planting of any tree in GlendaleSan Marino. The Contractor shall assume full responsibility for any damage that occurs during the planting of any tree. [Addendum #4]

1.24.3. Trees shall be provided by the Contractor. Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for the size and quality of the material being planted. City standard tree size is 24-in. box in genus/specie specified by Urban Forester. [Addendum #4]

1.24.4. Brown trunk height (BTH) for palm trees shall be measured from the top of the root ball to the lowest green frond attached to the trunk at an angle of 90 degrees.

1.24.5. Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected.

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Palms that are delivered uncovered, with a dry root ball or with soilless root ball will be rejected. Trees that are stressed, weak, declining, or damaged will be rejected.

1.24.6. The Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of the tree by the City. Any confusion should be resolved by contacting the Urban Forester or designee. In excavating planting pits, the Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be undisturbed so that the planted tree will not settle below top of root ball grade standards. As the width of the parkway allows, the Contractor shall excavate the planting pit to be 2 times the width of the root ball of the nursery stock being planted.

1.24.7. The Contractor shall not install trees with the box bottoms left on. All container debris (e.g. strapping, box sides and fragments, nails) shall be removed from the planting pit prior to backfilling.

1.24.8. The Contractor shall install the tree or palm so that the top of the root ball is 2 inches above the surrounding finish grade. The Contactor shall not resort to cutting or trimming the root ball as a means of meeting grade standards.

1.24.9. The contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and top soil. On planting sites where a large tree was previously removed, the contractor may need to provide additional clean soil to add to backfill in lieu of mulch grindings remaining from stump removal. The topsoil portion of the backfill mix shall contain no more than 10 percent well decomposed organic fines. The Contractor shall backfill palm plantings with 100 percent washed mortar (plaster) sand.

1.24.10.While backfilling, the Contractor shall cease backfilling when the planting pit is 1/2 full and apply water to remove air pockets from the backfill. Once the water has drained, the Contractor shall resume backfilling the planting pit. For parkways and open grow space areas, a watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to 6 inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of 4 inches above the root flare of the tree.

For plantings within existing tree wells, no basin construction will be required. The Contractor shall not use hoses, equipment or water from private properties while installing or watering street trees.

1.24.11.The contractor shall be responsible for the stability of newly planted trees. The nursery stake shall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using 2 - 2 inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree’s crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be 180 degrees opposite the other. The root ball shall not be damaged by the installation of stakes.

The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using City approved tree ties installed as per manufacturer’s specifications.

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1.24.12.Upon completion of the planting of the tree, the Contractor shall apply an even layer of mulch to any barren areas within 3 feet of the trunk.

1.25. Tree Root Pruning

1.25.1. Root pruning work will be specified on work orders to the Contractor with a specific street address and location as well as identifying the root pruning along the sidewalk or curb or both.

1.25.2. Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or other improvement. Root pruning cuts shall be 4 inches wide, X 16 inches deep as measured from the top of sidewalk, curb or adjacent improvement and extended 8 feet in each direction from the centerline of the tree (16 foot total length).

1.25.3. Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks.

1.25.4. All cuts shall be backfilled immediately upon completion of root pruning at each location. Backfill material shall consist of dirt and/or mulch from root pruning and shall be free from rocks. All debris generated by these operations shall be immediately removed from the site and properly disposed of outside the right-of-way.

1.25.5. The Contractor shall repair or replace all utility service connections or sprinkler systems within the right-of-way that are damaged or removed as a result of the root pruning operation. Repairs shall be implemented immediately and completed by the end of the same working day. Repairs and replacements shall be at least equal quality and configuration to existing improvements and shall match them in finish and dimension. The Contractor shall be responsible for contacting Underground Service Alert (USA) 1-(800) 422-4133 for locating underground utilities prior to beginning the pruning operation.

1.26. Tree Watering

1.26.1. Contractor shall provide watering for trees by using reclaimed water as determined by the Urban Forester or designee.

1.26.2. While performing tree watering, the Contractor shall maintain the tree watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein. Contractor shall also provide additional mulch, replacement stakes and/or trunk guards when necessary.

1.26.3. Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree’s surroundings. Haphazard riggings and/or watering out of the window from the cab with watering equipment will not be tolerated.

1.26.4. The City may ask for water bag(s) to be furnished and installed on some newly-planted trees. Water bags shall have a capacity of at least 15 gallons and no more than 20 gallons of water and be made of durable PVC tarpaulin material. If requested, 1 watering bag is to be installed and secured, by way of being zipped around one of the

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two stakes installed with a newly planted tree, with the bottom of the bag between the stake and trunk of the new tree. At the time of planting and installation, the water bag shall be filled to capacity in addition to Contractor watering the tree basin as a whole. If a water bag is damaged, destroyed, or removed during a new tree’s warranty period, the Contractor will be responsible for its replacement. At the end of a tree’s warranty period, the City will retain or remove the bag as deemed appropriate. When tree watering is performed at trees sites with a water bag, the bag shall be filled to capacity.

1.26.5. The Contractor shall maintain a daily log of trees watered. The log shall list the tree watered by site. A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by the Contractor. If no invoicing is required, the digital log shall still be provided to the City in the same manner. When the Contractor concludes its final watering services to a given tree, Contractor must provide written notice that watering is now the responsibility of the adjacent property owner, by way of a mailed notice or door card left on the adjacent property, if applicable. In cases where the adjacent property owner is the City, Contractor must provide notice to the Urban Forester or designee.

1.27. Site Clean Up

1.27.1. Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned.

1.27.2. Each day’s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Contractor’s equipment may be stored overnight; with advance approval, in the City yards; however, the City will not be responsible for security of Contractor’s equipment.

1.27.3. The Urban Forester, or his authorized representative, shall be the sole judge as to the adequacy of the cleanup.

2. CREW RENTAL

2.1. The Contractor shall be able to provide to the City crew rental for tree work which lies beyond the scope of this Contract. The crew and equipment can be modified to complete any type of tree work as specified by the Urban Forester or designee. A crew is defined as 3 persons with a single lift truck, chipper with box truck and appropriate small equipment. Crew and equipment may be modified to complete specific tree work as directed by Engineer or Urban Forester. The Contractor will be given specific locations and the work to be done at each location in advance, and to have Crew Rental approved, the Contractor must provide prior notice and receive verbal or written approval from the Urban Forester or designee at least 48 hours in advance of the work. [Addendum #5]

3. EMERGENCY CREW RENTAL

3.1. The Contractor shall be required to provide emergency / on call response to hanging limbs and wind damaged or downed trees. This may be at night or during storm

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conditions. The Contractor will be given specific locations and the work to be done at each location via telephone call from the Urban Forester or designee. The Contractor shall be required to start the work indicated within 60 minutes of the initial telephone call and report back to the Urban Forester or designee upon completion of the work specified.

3.2. The Contractor is required to provide 24-hour emergency phone and/or pager numbers and names of a minimum of 2 contact individuals within one week of award of contract.

Should the phone number or contact person change during the course of the contract those changes must be provided to the City. In the event the Contractor cannot be contacted or fails to respond, a penalty of $500 per incident will be deducted from future Contractor work.

3.3. The Contractor shall be required to provide all traffic controls required during emergency operations. Should the work involve any high voltage lines the Contractor shall be required to notify the responsible utility company.

3.4. Work performed under the emergency provision of this Contract shall be paid for on a time and material basis. This shall include all labor, tools, equipment, disposal fees, and materials necessary for doing the emergency work. The Contractor shall supply a list of manpower and equipment rated to be charged, and a markup percentage for materials and any other costs. This list is to be supplied with their proposal.

4. TREE INVENTORY MAINTENANCE AND TECHNICAL SUPPORT

4.1. The Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current City inventory system. The system shall be accessible by City staff 24 hours a day via the internet. The Contractor is to update the inventory regularly and make all necessary corrections according to the field records. Contractor shall add field condition data to the system including right-of-way grow space. Contractor will endeavor to bring to the attention of the Urban Forester or designee any trees identified on their scheduled work list or inventory that are questionable as to their accuracy as being a City-owned street tree or a City-owned tree in Park, facility, or other parcel. Plants that are inventoried as trees should likewise be brought to attention. The Urban Forester or designee will determine the status of the tree(s) or plant(s) in question and inform Contractor if the tree(s) or plant(s) are to be included in any work activities to be performed by the Contractor or removed from the inventory.

4.2. Contractor will provide the City with a state-of-the-art record keeping computer-based inventory system and all the necessary technical support that allows the City to maintain information about a tree population, including the work history and service request information, tree and planting site locations information, maintenance requirements and species names. The system will print condensed or detailed listings of tree and site information, work histories, service requests and summary reports.

4.3. The Contractor shall update and maintain the tree site specific, internet accessible, computerized tree inventory system to reflect changes in baseline data (e.g. species, height, DBH) and to record the date, cost and crew identity for any pruning, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be updated to reflect the removal and replacement of trees, as well as the addition

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of trees to the inventory. The system shall be capable of maintaining and displaying all past and future work histories for any and all tree sites in the inventory, both individually and collectively by query, and inclusive of both contractor work and work completed by City forces. Approved City Staff shall be able to be enter and update data.

4.4. All aspects of the tree inventory system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of the Contractor and shall be provided at no cost to the City. The system shall not be proprietary in the nature of its function and shall operate and interface with common computer software and web-based applications, including the ability to export data into common spreadsheet applications. Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the Contract.

4.5. Tree site/task specific hardcopy backup data for any work that has occurred during the billing cycle shall accompany the invoicing for that period and shall be accessible for review on the internet based computerized tree inventory system prior to the submittal of invoicing for that work. Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied.

5. SCHEDULE OF WORK AND HOURS OF OPERATION

5.1. Contractor shall be ready to commence work within 15 working days of award of Contract.

The Contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order and location of work.

5.2. The general hours of operations shall be 7:00 a.m. to 3:00 p.m. on major streets and 7:00 a.m. to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise. The days of operations shall be Monday through Friday.

No work shall be performed on Saturday or Sunday unless previously authorized by the City.

The City reserves the right to change schedule or stop work in any particular area due to any unforeseen circumstances.

5.3. All work shall meet with the approval of the City of GlendaleSan Marino Parks and Public Works Department. There shall be a minimum of one monthly meeting with the Contractor and the Urban Forester or designee to determine progress and to establish areas needing attention. This meeting may be rescheduled more frequently or cancelled at the City's discretion, pending satisfactory performance levels. [Addendum #4]

5.4. Contractor shall submit a schedule of operation to Urban Forester or designee prior to commencing work. The schedule shall be submitted, for approval, to the Urban Forester or designee 5 working days prior to the commencement of work.

5.5. The work schedule is to be planned in conjunction with and approval by the City. Changes in the schedule, for the convenience of the Contractor, will require approval by the City's Urban Forester or designee. Special scheduling may be necessary around some business locations, so as not to interfere with their operations.

5.6. Performance During Inclement Weather