Att B - Contract Documents — Signal Hill City Council, February 27, 2024 (part 1 of 2)

55728.00300\33360134.1
i SECTION 00010

TABLE OF CONTENTS

CITY OF SIGNAL HILL

HILLBROOK PARK IMPROVEMENT PROJECT
PW 95.22003
55728.00300\33360134.1
i SECTION 00010

TABLE OF CONTENTS
SECTION 00010

TABLE OF CONTENTS
Page
SECTION 00010 TABLE OF CONTENTS................................................................................... I

BIDDING REQUIREMENTS
SECTION 00100 NOTICE INVITING BIDS ................................................................................ 1 SECTION 00200 INSTRUCTIONS TO BIDDERS...................................................................... 3 SECTION 00400 BID FORM.....................................................................................................11 SECTION 00405 CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION.....................................................................................................................13 SECTION 00410 BID BOND.....................................................................................................14 SECTION 00420 NONCOLLUSION DECLARATION................................................................16 SECTION 00430 CONTRACTOR INFORMATION AND EXPERIENCE FORM........................17 SECTION 00440 LIST OF SUBCONTRACTORS FORM..........................................................24 SECTION 00450 IRAN CONTRACTING ACT CERTIFICATION...............................................27 SECTION 00460 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION..........28 SECTION 00500 CONTRACT ..................................................................................................29 SECTION 00610 PERFORMANCE BOND ...............................................................................32 SECTION 00620 PAYMENT BOND..........................................................................................36

GENERAL & SPECIAL CONDITIONS
SECTION 00700 GENERAL CONDITIONS..............................................................................40 SECTION 00750 SPECIAL CONDITIONS................................................................................82 APPENDIX INSURANCE REQUIREMENTS ............................................................................86

TECHNICAL SPECIFICATIONS
SECTION 01000 MOBILIZATION …………………………………………………………………….00 SECTION 01240 REQUEST FOR INFORMATION…………………………………………………00 SECTION 02110 CLEAR, GRUB, DEMOLITION, & SALVAGE…………………………………...00 SECTION 02210 GRADING…………………………………………………………………………...00
SECTION 02231 SITE PROTECTION OF VEGETATION…………………………………………00 SECTION 02410 SITE DRAINAGE SYSTEM……………………………………………………….00 SECTION 02441 IRRIGATION SYSTEM………………………………………………………….…00 55728.00300\33360134.1
ii
SECTION 02452 SIGNAGE………………………………………………………………….………..00
SECTION 02461 SITE FURNISHINGS………………………………………………………………00 SECTION 02480 PLANTING………………………………………………………………………….00
SECTION 02510 CONCRETE PAVING & CURBS…………………………………………………00 SECTION 02713 DOMESTIC WATER……………………………………………………………….00 SECTION 02764 PAVEMENT SEALANTS…………………………………………………………..00 SECTION 02768 DECORATIVE CONCRETE PAVEMENT……………………………………….00 SECTION 03100 CONCRETE FORMWORK………………………………………………………..00 SECTION 03200 CONCRETE REINFORCEMENT…………………………………………………00 SECTION 03300 CAST-IN-PLACE CONCRETE……………………………………………………00 SECTION 04810 UNIT MASONRY…………………………………………………………………...00 SECTION 05500 METAL FABRICATION…………………………………………………………….00 SECTION 05520 TUBULAR STEEL FENCING……………………………………………………..00 SECTION 16530 ELECTRICAL……………………………………………………………………….00
55728.00300\33360134.1
1 SECTION 00100

NOTICE INVITING BIDS
SECTION 00100

NOTICE INVITING BIDS
The City of Signal Hill (“City”) will receive electronic bids only for the Hillbrook Park Improvement Project, no later than Tuesday, 2:00 pm on February 20th, 2024. The electronic bid management system will not accept late bids. Bids shall be valid for 90 calendar days after the bid opening date.

Bids must be submitted on the City’s Bid Forms, available to registered vendors through the City’s electronic bid management system, PlanetBids, at:
https://pbsystem.planetbids.com/portal/36746/bo/bo-detail/112965 Interested bidders may participate by selecting “Bids” on the home page of the City Website at https://www.cityofsignalhill.org. The Contract Documents may be downloaded at no charge on PlanetBids. Electronic modifications to or withdrawal of bids may be made by the bidder prior to the bid closing deadline. Contract Documents will not be available for sale at City Hall.

A mandatory Pre-Bid Conference will be held at Hillbrook Park on Wednesday, February 7th, 2024, at 10AM. Hillbrook Park is located at 1865 Temple Ave in the City of Signal Hill.

Interested bidders must email [email protected] for a meeting invitation - all meeting invitation requests will be granted. Prospective bidders may visit the Project Site without making arrangements; however, they may not open the meter boxes and may not cause disturbances to the residents or businesses. Bids will not be accepted from any bidder who did not attend the Pre-Bid Conference.

Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price. The Bid Security must be submitted directly to the City Clerk at City Hall, 2175 Cherry Avenue Signal Hill, CA 90755, in an envelope clearly labeled with the Project Name/Number and Bidder’s Name and Address. If Bidder elects to provide the required Bid Security in the form of a Bid Bond, the original hard copy Bid Bond must be submitted to the City at the address indicated above prior to the specified date and time for bid opening.

The successful bidder will be required to furnish City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Signal Hill Public Works Department or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment 55728.00300\33360134.1
SECTION 00100

NOTICE INVITING BIDS
2 SECTION 00100

NOTICE INVITING BIDS
of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: Class A license. In addition. the successful bidder will be required to self-perform at least 30% of the work.

Award of Contract: City shall award the Contract for the Project to the lowest responsible bidder as determined from the base bid. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact the Associate Engineer, Jesus Saldana, at [email protected] or (562) 989-7352.

Posted in accordance with S.H.M.C. Section 1.08.010 on or before: January 25, 2024 Published on PlanetBids on: January 25, 2024

END OF NOTICE INVITING BIDS
55728.00300\33360134.1
3 SECTION 00200

INSTRUCTIONS TO BIDDERS
SECTION 00200

INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to City on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may download a complete set of Contract Documents at no charge as stated in the Notice Inviting Bids.

The Contract Documents may be made available for review at one or more plan rooms that have registered with Planet Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must also register with the City’s electronic bid management system to ensure it receives all relevant updates and to submit a bid electronically, if authorized in the Notice Inviting Bids.

2. EXAMINATION OF CONTRACT DOCUMENTS
City has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of City by submission of a written request for an interpretation or correction to City. Such submission, if any, must be sent via the electronic bid management system and received no later than 2:00 PM on February 14th, 2024.

Any interpretation of the Contract Documents will be made only by written addenda duly issued and posted to the bid management system. All plan holders will be notified by e-mail when an addendum is posted. City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Conference and Site 55728.00300\33360134.1
SECTION 00200

INSTRUCTIONS TO BIDDERS
4 SECTION 00200

INSTRUCTIONS TO BIDDERS
Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ and any amendment or renewal thereof, the Federal Clean Water Act, the California Porter Cologne Water Quality Control Act, Signal Hill Municipal Code, and any orders issued pursuant to these requirements. By submitting a Bid, each bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

5. ADDENDA
City reserves the right to revise the Contract Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, City will extend the deadline for submission of bids. City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Announcement of any extension shall be made via the electronic bid management system to all plan holders. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, the electronic bid management system requires each bidder acknowledge receipt of all addenda before submission of the bid.

6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only, unless otherwise specified in the Notice Inviting Bids. However, City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents and available on the electronic bid management system. The use of substitute bid forms will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Deviations in the bid form may result in the bid being deemed nonresponsive. Refer to Bid Form for items that require electronic and paper submittal at the time of bid.

8. ELECTRONIC SUBMISSION REQUIREMENTS
The bidder must enter pricing in the electronic bid form for any and all line items or a lump sum bid amount, as required. The pricing provided in the electronic bid form will be the only valid bid pricing for determination of low bid.
55728.00300\33360134.1
SECTION 00200

INSTRUCTIONS TO BIDDERS
5 SECTION 00200

INSTRUCTIONS TO BIDDERS
The bidder must enter subcontractor information in the electronic bid form. The subcontractor information provided electronically will be the only valid subcontractor information.

The bidder must attach a pdf file(s) to the electronic bid submission containing all of the completed and signed Bid Documents.

9. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

10. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidder shall upload an electronic scanned copy of the executed Bid Form to the electronic bid management system. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.

The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

11. DESIGNATION OF SUBCONTRACTORS
Pursuant to State law, the Bidders must designate the name, license number, and location of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds one half of one percent (1/2%) of the Bidder’s Total Bid Price, as well as the portion of work each such subcontractor will perform on the form provided herein by City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form. The successful bidder will be required to self-perform at least 30% of the work.

12. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to City; (c) a cashier’s check made payable to City; or (d) a bid bond payable to City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer 55728.00300\33360134.1
SECTION 00200

INSTRUCTIONS TO BIDDERS
6 SECTION 00200

INSTRUCTIONS TO BIDDERS
shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120.

The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to City and City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

THE BID SECURITY MUST BE RECEIVED PRIOR TO THE SPECIFIED DATE AND TIME FOR BID OPENING.

The Bid Security must be submitted directly to the City Clerk at City Hall, 2175 Cherry Avenue Signal Hill, CA 90755, in an envelope clearly labeled with the Project Name/Number and Bidder’s Name and Address.

If Bidder elects to provide the required Bid Security in the form of a Bid Bond, the original hard copy Bid Bond must be submitted to the City at the address indicated above prior to the specified date and time for bid opening.

13. SUBMISSION OF SEALED BIDS
Bidders may submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission are stated in the Notice Inviting Bids. City shall not accept bids otherwise transmitted. No oral, telephonic, or facsimile bids will be considered.

It is the sole responsibility of each bidder to see that its Bid is properly submitted to PlanetBids in the proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. The City will only consider bids that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Bid was submitted successfully.

Bids must be submitted on the City’s Bid Forms, available to registered vendors through the City’s electronic bid management system, PlanetBids, at:
https://pbsystem.planetbids.com/portal/36746/bo/bo-detail/112965 Bidders experiencing any technical difficulties with the bid submission process may contact the PlanetBids system support at 818-992-1771. If you continue to have difficulty, call the City’s Public Works Department at 562-989-7361. Neither the City, nor the City’s bid management system, make any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission date and/or time.

INSTRUCTIONS TO BIDDERS
7 SECTION 00200

INSTRUCTIONS TO BIDDERS

14. DELIVERY AND OPENING OF BIDS
Bids will be received by the City via the electronic bid management system up to the date and time shown in the Notice Inviting Bids. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bid results are immediately available to the public at the closing deadline on the City’s website in the electronic bid management system. The City’s City Clerk’s office will also have bid results, immediately following bid opening. The City Clerk’s office is located at: 2175 Cherry Avenue Signal Hill, CA 90755. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

15. WITHDRAWAL OF BID
Prior to the bid closing deadline, a Bid may be electronically withdrawn by the Bidder. Any request to withdraw a bid after bid closing must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturday, Sundays and State holidays, specifying in detail how the mistake was made.

16. BASIS OF AWARD; BALANCED BIDS
City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. City may reject any Bid which, in its opinion when compared to other bids received or to City’s internal estimates, does not accurately reflect the cost to perform the Work. City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

17. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and City shall reject the Bid. City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

18. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid on the same Project. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to City. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project. 55728.00300\33360134.1
SECTION 00200

INSTRUCTIONS TO BIDDERS
8 SECTION 00200

INSTRUCTIONS TO BIDDERS

19. INSURANCE REQUIREMENTS
The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.

20. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, City shall issue a Notice to Proceed to that Bidder.

21. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City’s Public Works Contract Manager. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
D. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it may be rejected without further review.

If the protest is valid, City’s Public Works Contract Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Public Works Contract Manager will provide a written decision to the protestor. The protestor may then appeal the decision of the Public Works Contract Manager to the Public Works Director.

The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest,

22. WORKERS COMPENSATION
Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form. 55728.00300\33360134.1
SECTION 00200

INSTRUCTIONS TO BIDDERS
9 SECTION 00200

INSTRUCTIONS TO BIDDERS

23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

24. PREVAILING WAGES
City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

26. IRAN CONTRACTING ACT CERTIFICATION
Each bidder shall submit the certification required by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. as provided with the Bid Documents.

27. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.
55728.00300\33360134.1
SECTION 00200

INSTRUCTIONS TO BIDDERS
10 SECTION 00200

INSTRUCTIONS TO BIDDERS

28. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to City four identical counterparts of the Performance Bond and Payment Bond in the form supplied by City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Bid Price.

29. REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request procedures set forth in the Bid and Contract Documents. Any deadlines for substitution requests that occur prior to the bid opening date are set forth in the Special Conditions.

30. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

31. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS

55728.00300\33360134.1
29 SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
THIS CONTRACT is made this 27th day of February, 2024, in the County of Los Angeles, State of California, by and between the City of Signal Hill hereinafter called “City”, and Green Giant Landscape Inc., hereinafter called “Contractor”. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

Hillbrook Park Renovation Project
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 120 work days from the commencement date stated in the Notice to Proceed.

By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Seven Hundred and Ninety Nine Dollars ($1,799,000). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Iran Contracting Act Certification
55728.00300\33360134.1
SECTION 00500

CONTRACT
30 SECTION 00500

CONTRACT
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Hall or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

GREEN GIANT LANDSCAPE INC.

By
Name:

Title:

License No.

CITY OF SIGNAL HILL
By______________________________
55728.00300\33360134.1
SECTION 00500

CONTRACT
31 SECTION 00500

CONTRACT
By
Name:

Title:
(If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED)]
Attest:

Daritza Gonzalez
City Clerk
Approved as to Form:
__________________________________
Best Best & Krieger, LLP
City Attorney

END OF CONTRACT
55728.00300\33360134.1
32 SECTION 00610

PERFORMANCE BOND
SECTION 00610

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Signal Hill (hereinafter referred to as “City”) has awarded to ____________________________________________________, (hereinafter referred to as the “Contractor”) an agreement for Hillbrook Park Improvement Project (hereinafter referred to as the “Project”).

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

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

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 55728.00300\33360134.1
SECTION 00610

PERFORMANCE BOND
33 SECTION 00610

PERFORMANCE BOND
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 55728.00300\33360134.1
SECTION 00610

PERFORMANCE BOND
34 SECTION 00610

PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20___.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 55728.00300\33360134.1
SECTION 00610

PERFORMANCE BOND
35 SECTION 00610

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
55728.00300\33360134.1
36 SECTION 00620

PAYMENT BOND
SECTION 00620

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Signal Hill (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ______________________________ ______________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: ________________________________________ ____________________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 55728.00300\33360134.1
SECTION 00620

PAYMENT BOND
37 SECTION 00620

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

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

SIGNATURES ON FOLLOWING PAGE
55728.00300\33360134.1
SECTION 00620

PAYMENT BOND
38 SECTION 00620

PAYMENT BOND
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

PAYMENT BOND
39 SECTION 00620

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

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
55728.00300\33360134.1
40 SECTION 00700

GENERAL CONDITIONS
SECTION 00700

GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or City.
b. Act of God is an earthquake in excess of a magnitude of 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by Engineer and/or City. d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated. g. Engineer shall mean the City Engineer, or his or her designee, of the City, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as “City’s Representative” or “Representative” in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise. j. Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.
l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents. n. Provide shall include provide, complete in place, that is furnish, install, test and make ready for use.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
41 SECTION 00700

GENERAL CONDITIONS
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.

Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
p. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2015 Edition, which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail. q. The Work means the entire improvement planned by City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1) Change Orders or Work Change Directives
2) Addenda
3) Special Provisions (or Special Conditions)
4) Technical Specifications
5) Plans (Contract Drawings)
6) Contract
7) General Conditions
8) Instructions to Bidders
9) Notice Inviting Bids
10) Contractor’s Bid Forms
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
42 SECTION 00700

GENERAL CONDITIONS
11) Greenbook Standard Specifications (Sections 1-9 Excluded) 12) Standard Plans
13) Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1) Figures govern over scaled dimensions
2) Detail drawings govern over general drawings
3) Addenda or Change Order drawings govern over Contract Drawings 4) Contract Drawings govern over Standard Drawings
5) Contract Drawings govern over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
The City will not provide hard copies of bid documents.

Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
43 SECTION 00700

GENERAL CONDITIONS
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work.
d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. b. No excavations were made to verify the locations shown for underground utilities.

No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor’s responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage.
c. The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections and, if necessary, Contractor shall arrange for the relocation of service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
d. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations. e. Notwithstanding the above, pursuant to Section 4215 of the Government Code, City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications.
f. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227- 2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
44 SECTION 00700

GENERAL CONDITIONS
known, to contain subsurface installations other than the underground facilities owned or operated by City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and City has been given the identification number by the Contractor for each individual location identified in the Project plans.

ARTICLE 6. SCHEDULE
a. Estimated Schedule. Within fourteen (14) days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule in Critical Path Method (CPM) format and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project.

Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer. b. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities.

The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. Schedule duration shall match the Contract time. Schedule should indicate the duration of time at each location.
c. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
45 SECTION 00700

GENERAL CONDITIONS
unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than ten (10) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before ten (10) days after award of Contract.

Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to City in a timely fashion will result in the rejection of the proposed substitution.
e. The Contractor shall bear all of City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, electronic PDF and six hard copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract.

Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
46 SECTION 00700

GENERAL CONDITIONS
Documents except as specifically and clearly noted and listed on the cover sheet of the submittal.
b. Contractor shall make any corrections required by the Engineer, and file with the Engineer electronic PDF and six hard corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval. Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. Work cannot start prior to approved submittal. Installation shall not begin prior to verification of materials by inspector in the field. Contractor shall have copy of approved submittal along with approved materials available for inspection prior to installation. Installation of unverified materials may result in the inspector requesting installed materials to be exposed. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract. b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
d. Preparing submittal documents does not warrant payment to the contractor and as such will not be included in estimate for progress payment.

ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. The City will not compensate Contractor for equipment and materials stored in the field and not incorporated into the work product.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
47 SECTION 00700

GENERAL CONDITIONS
c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to City free from any claims, liens, or charges. e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of City or any independent contractor. f. Materials and equipment delivered but not incorporated into the work will not be included in the estimates for progress payment.

ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project.

ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. Any employee of the Contractor whom City determines is incompetent or unfit shall be removed from this Project.

ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. All subcontracts entered into by Contractor relating to any of the Work under this Contract shall comply with and be limited to the extent required by Civil Code section 2872.05. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and City. b. City reserves the right to Approve all subcontractors. City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
48 SECTION 00700

GENERAL CONDITIONS
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain a right of way encroachment permit from City prior to commencing any work by submitting a permit application through City’s iWorQ portal. A Contractor’s State License, Contractor’s City Business License, and Certificate of Insurance must be included with the application. Please contact the Associate Engineer at 562-989-7352 for information on the permitting process. b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as City's responsibility pursuant to the Contract Documents. c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to City.

ARTICLE 15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.
b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project.
c. All permanent meters Installed shall be listed in the Contractor’s name until the Work is accepted.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of City, use City’s existing utilities by compensating City for utilities used by Contractor.

ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by City. Contractor may either request reimbursement 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
49 SECTION 00700

GENERAL CONDITIONS
from City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.

ARTICLE 17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The City will acknowledge the shoring plan, however, will not approve the shoring plan prepared by the Licensed Civil or Structural Engineer.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated.
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
50 SECTION 00700

GENERAL CONDITIONS
ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests, with an electronic copy of those documents to Margarita Beltran , Public Works Contracts Manager at [email protected], or as otherwise directed by the City. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to City in writing. City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of City and Contractor.

ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with all applicable federal, state, and local codes ordinances, and regulations.

Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted.

Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.

ARTICLE 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in Article 50.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
51 SECTION 00700

GENERAL CONDITIONS
ARTICLE 22. WATER QUALITY MANAGEMENT AND COMPLIANCE
This section is supplemented by the addition of the following requirements in accordance with City Ordinances that establishes stormwater and urban runoff pollution prevention controls. a. Storm or construction generated water containing sediment such as construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, cleanup of concrete transit mixers or other pollutants from construction sites and parking areas shall be retained or controlled on site and shall not be permitted to enter the storm drain system.
b. Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms shall be utilized to trap sediment so that only filtered water enters the City’s storm drain system. Proper clean up and disposal of settled sediment and the filtering system shall be the responsibility of the Contractor. c. Discharge of concrete transit mixer wash water on to approved dirt areas (subgrade area designated for new concrete construction, for example) is acceptable.

Discharge on to private property, parkway areas, or the street is not permitted. d. Plastic or other impervious covering shall be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City.
e. Excavated soil stored on the site shall be covered in a manner that minimizes the amount of sediment running into the storm drain system, street, or adjoining properties.
f. No washing of construction or other industrial vehicles and equipment shall be allowed adjacent to a construction site.
g. During the rainy season (October 1 to April 15), Contractor shall keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures shall be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. h. All costs associated with water pollution control shall be borne by the Contractor.

Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor’s failure to implement water pollution control measures will be charged to the Contractor.
i. Contractor is required to comply with all aspects of the Construction General Permit for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development. j. City may require Contractor to file the Notice of Intent and obtain coverage for the Project under the Construction General Permit. This may include filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
52 SECTION 00700

GENERAL CONDITIONS
(SMARTS); preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer and Qualified SWPPP Practitioner, as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. City retains the right to develop its own documentation for the project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City-developed SWPPP. Specific requirements for the Work site shall be set forth in the Special Conditions. Contractor shall include all costs of compliance with specified requirements in the Contract amount.
k. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor is responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with the Los Angeles County MS4 Permit and any amendment or renewal thereof. l. Notwithstanding the above, before any PRDs, SWPPP, or other Construction General Permit related document may be submitted to the State Water Resources Control Board or implemented on the Work site, it must first be reviewed by the City and/or the City’s designee, who retains the right to reject or require revisions thereto. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site.

Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor. m. Failure to comply with laws, regulations, and ordinances listed in this Article 22 is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. n. City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant enforcement entity. 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
53 SECTION 00700

GENERAL CONDITIONS
o. City may seek damages from Contractor for delay in completing the Work in accordance with the Contract Documents, caused by Contractor’s failure to comply with the laws, regulations and policies described in this Article 22, or any other relevant water quality law, regulation, or policy.

ARTICLE 23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, City may do so and the cost of such clean up shall be charged back to the Contractor.

ARTICLE 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations, location and alignment of any and all site elements (buildings, paving, walks, fencing, furnishings, etc.) shall be furnished by the Contractor at its expense. A digital AutoCAD file shall be provided to the Contractor by the City indicating the location and layout of all site elements for the use by the Contractors surveyor. Layout shall be done by a registered civil engineer or a licensed land surveyor Approved by the Engineer. Any surveying necessary to establish the grade and line of the work is to be done by a properly licensed land surveyor retained by the contractor.

Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer.

ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
54 SECTION 00700

GENERAL CONDITIONS
to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.
c. The contractor should adhere to noise ordinance requirements noted in the City of Signal Hill’s Municipal Code section 9.16.

ARTICLE 26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than City, Contractor shall promptly inform City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and City inspection shall be paid by City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify City so that City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work. e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. f. Reexamination of Work may be ordered by City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by City. All Work shall be solely at the Contractor’s risk. 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
55 SECTION 00700

GENERAL CONDITIONS
Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by City and the Contractor. c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.
4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to City. 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
56 SECTION 00700

GENERAL CONDITIONS
7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to City.
8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times. e. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.
f. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

City shall be entitled to inspect and copy any such documentation, video, or photographs.

ARTICLE 28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

ARTICLE 29. NOT USED
ARTICLE 30. AUTHORIZED REPRESENTATIVES
City shall designate representatives, who shall have the right to be present at the Project site at all times. City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents.

The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 31. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
57 SECTION 00700

GENERAL CONDITIONS
work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. b. Unless otherwise provided in the Special Conditions, Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 8:00 a.m. and 4:30 p.m., except on arterial streets, where work hours are between 9:00 a.m. and 3:30 p.m.
c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.

ARTICLE 32. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work.

Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
c. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by City. The Contractor shall also provide the following:
1) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
58 SECTION 00700

GENERAL CONDITIONS
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
d. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
e. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated. f. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section.

Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred dollars ($100.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.

ARTICLE 33. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold City, 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 the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code.

The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
59 SECTION 00700

GENERAL CONDITIONS
paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

ARTICLE 34. 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 Section 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.

ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

ARTICLE 36. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.

ARTICLE 37. INSURANCE
Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Appendix “1” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

ARTICLE 38. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in City’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
60 SECTION 00700

GENERAL CONDITIONS
between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed as stated in the Contract Documents, it is understood that City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. The Liquidated Damage for this project is $1000 per working day.
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify City in writing of causes of delay. City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.

Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 39. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
61 SECTION 00700

GENERAL CONDITIONS
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following City’s Acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 40. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:
1) Obtaining and paying for all bonds, insurance, and permits. 2) Moving on to the Project site of all Contractor’s plant and equipment required for first week’s operations.
3) Submittal of detailed Preliminary Construction Schedule and Traffic Control Plan.
4) Submittal of Initial Construction Schedule, embodying all corrections required by the Engineer. No Payment for mobilization can be made until the Engineer has approved the schedule in writing.
5) Installing temporary construction power, wiring, and lighting facilities. 6) Establishing fire protection system.
7) Developing and installing a construction water supply. 8) Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
62 SECTION 00700

GENERAL CONDITIONS
9) Providing on-site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.
10) Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.
11) Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
12) Arranging for and erection of Contractor’s work and storage yard. 13) Submittal and City approval of required Contractor notices and door hangers.
14) Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.
15) Full-time presence of Contractor’s superintendent at the job site as required herein.

ARTICLE 41. PAYMENTS
a. City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work (or ten percent (10%) in the event the City has adopted a finding that the Work under the Contract is substantially complex), if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.
d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
63 SECTION 00700

GENERAL CONDITIONS
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 8132. Prior to final payment by City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.

ARTICLE 42. PAYMENTS WITHHELD AND BACKCHARGES
a. In addition to amounts which City may retain under other provisions of the Contract Documents City may withhold payments due to Contractor as may be necessary to cover:
1) Stop Notice Claims.
2) Defective work not remedied.
3) Failure of Contractor to make proper payments to its subcontractors or suppliers.
4) Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
5) Damage to another contractor or third party.
6) Amounts which may be due City for claims against Contractor. 7) Failure of Contractor to keep the record (“as-built”) drawings up to date. 8) Failure to provide updates on the construction schedule. 9) Site clean up.
10) Failure of the Contractor to comply with requirements of the Contract Documents.
11) Liquated damages.
12) Legally permitted penalties.
b. Upon completion of the Contract, City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.

ARTICLE 43. CHANGES AND EXTRA WORK
a. Change Order Work.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
64 SECTION 00700

GENERAL CONDITIONS
1) City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, shall be performed under the applicable conditions of the Contract Documents, and shall be subject to the approval authority requirements of Article 4 of the Contract. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2) All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless City requests that proposals be submitted in less than seven (7) Days. 4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by City. 7) If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with City’s estimate of cost. If the change is issued based on City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that City’s estimate was in error.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
65 SECTION 00700

GENERAL CONDITIONS
8) Estimates for lump sum quotations and accounting for cost-pluspercentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the 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. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery.

Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. (d) Equipment Rental Rates. Equipment rental rates shall be per Section 9, Sub-section 9-1.04D “Equipment Rental”, of Caltrans 2018 Standard Specifications, using the Caltrans current “Labor Surcharge and Equipment Rental Rates” at the time the Extra Work is being performed.
(e) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit.
ii. The costs of applicable insurance and bond premium will be reimbursed to the contractor and subcontractors at cost only, without markup.
iii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
66 SECTION 00700

GENERAL CONDITIONS
iv. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
v. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five
percent (5%) of the Net Cost of the lower tier subcontractor. vi. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein.
9) All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
10) For added or deducted Work by subcontractors, the Contractor shall furnish to City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 11) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.
12) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 13) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
67 SECTION 00700

GENERAL CONDITIONS
acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify City’s change order form in an attempt to reserve additional rights. 14) If City disagrees with the proposal submitted by Contractor, it will notify the Contractor and City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with City, a change order will be issued by City. If no agreement can be reached, City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.
15) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
16) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties. b. Contract Unit Prices
1) Increases more than twenty-five percent (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 twenty-five percent (25%), payment for the quantity in excess of one hundred twenty-five percent (125%) 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 City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above. 2) Decreases of more than twenty-five percent (25%). Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with Plans and Specifications, be less than seventy-five percent (75%) 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 City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above; 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 seventy-five percent (75%) of the Bid quantity at the Contract Unit Price.
c. Changes to Contract Time
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
68 SECTION 00700

GENERAL CONDITIONS
1) The Contract Time may only be changed by a Change Order. 2) All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s change order proposal described above. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the Contract Time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order. No cost or time will be allowed for cumulative effects of multiple changes.
3) Notice of the amount of the request for adjustment in the Contract Time with supporting data shall be delivered within seven (7) Days after such start of occurrence. No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.
4) Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion.
5) Contractor’s entitlement to an extension of the Contract Time is limited to City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time.
(a) Contractor shall not be entitled to an adjustment in the Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor.
(b) If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of the City and Contractor, then Contractor shall be entitled to an time extension when the affected Work is on the critical path. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article.
6) Requests for Contract Extension: Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
69 SECTION 00700

GENERAL CONDITIONS
and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
(a) Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
(b) Each request for an extension of Contract Time must include a time impact analysis in CPM format to calculate the impact of the delay event.
7) Contractor’s failure, neglect, or refusal to comply with these requirements, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Time. Such failure, neglect, or refusal prejudices the City’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Time, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Time due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article. 8) Force Majeure: The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, Acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) Days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
70 SECTION 00700

GENERAL CONDITIONS
ARTICLE 44. OCCUPANCY
City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 45. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts.

The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date.

Contractor shall use colors to distinguish variations in separate categories of The Work.
b. Contractor shall note related change order, request for information , request for proposals, or Architect’s Supplemental Instructions where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts in .pdf or other approved format. The suitability of the as-builts will be determined by the Engineer.

ARTICLE 46. INDEMNIFICATION
Contractor shall defend (with counsel of City Council’s choosing), indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. To the fullest extent permitted by law, Contractor shall defend, at Contractor’s own cost, expense and risk, with City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
71 SECTION 00700

GENERAL CONDITIONS
ARTICLE 47. RESOLUTION OF CONSTRUCTION CLAIMS
a. Contractor shall timely comply with all notices and requests for additional compensation and extensions of time, including but not limited to all requirements of Article 43, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
b. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with said statutes. c. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 49 has been denied by the City, for (1) a time extension, (2) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (3) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
d. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 49, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim.

Any claim must be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. e. Supporting Documentation. The Contractor shall submit all Claims in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
72 SECTION 00700

GENERAL CONDITIONS
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Narrative analysis of claim merit
5) Analysis of claim cost, including calculations and supporting documents 6) Analysis of time impact analysis in CPM format if a time extensions is requested
7) Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with the Government Code sections 12650 et seq.
f. City Response to Claim.
1) Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the claim, or as extended by mutual agreement, shall provide a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written response.
2) If the City needs approval from City Council to provide Contractor a written statement as set forth above, and City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim, the City shall have up to three (3) days following the next publicly noticed meeting of City Council after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim.
3) The City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City’s written response shall be submitted 30 days (15 days if the Claim is less than $50,000) after receiving the additional documentation, or within 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
73 SECTION 00700

GENERAL CONDITIONS
the same period of time taken by the claimant to produce the additional information, whichever is greater.
g. Meet & Confer Conference. If the Contractor disputes the City’s response, or if the City fails to respond within the statutory time period(s), the Contractor may so notify the City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute. Upon such demand, the City shall schedule a meet and confer conference within 30 Days.
h. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion thereof remains in dispute, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any portion of the claim that remains in dispute shall be submitted to nonbinding mediation and the City and the Contractor shall equally share the associated mediator fees. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
1) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
2) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 3) Unless otherwise agreed to by the public entity and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
4) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
i. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
74 SECTION 00700

GENERAL CONDITIONS
claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. j. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
1) Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Agreement.

The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
k. Government Code Claim.
1) In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. 2) Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
75 SECTION 00700

GENERAL CONDITIONS
3) A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
l. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 48. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause. City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract in whole or in part if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to City for any excess costs or other damages incurred by City to complete the Project. If City takes over The Work, City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience. City may terminate performance of The Work in whole or, in part, if City determines that a termination is in City's interest.

The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of City, the extent of termination, and the effective date of such termination.

After receipt of Notice of Termination, and except as directed by City, the Contractor shall, regardless of any delay in determining or adjusting any amounts 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
76 SECTION 00700

GENERAL CONDITIONS
due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by City's Termination for Convenience."
7) These provisions are in addition to and not in limitation of any other rights or remedies available to City.
c. Savings Clause. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. d. Exception. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of City or the Contract is terminated.
55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
77 SECTION 00700

GENERAL CONDITIONS
ARTICLE 49. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. Contractor shall furnish City with all warranty and guarantee documents prior to final Acceptance of the Project by City.
e. City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.
f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of City; and 3) Enforce all warranties for the benefit of City, unless otherwise directed in writing by City.
h. City may elect to conduct a minimum of two site visits with the contractor prior to the end of the warranty period. City shall provide written direction to the contractor to remedy warranty related material failures that shall be corrected by the contractor within fifteen (15) Days at no cost to City.

This Article shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15. 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
78 SECTION 00700

GENERAL CONDITIONS
ARTICLE 50. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code Section 8546.7, records of both City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
b. Contractor shall make available to City any of the Contractor’s other documents related to the Project immediately upon request of City. c. In addition to the State Auditor rights above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to City, for a period of four (4) years after final payment.

ARTICLE 51. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.

ARTICLE 52. SEPARATE CONTRACTS
a. City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents. c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. City shall not be responsible for any damages suffered or for extra costs incurred by Contractor 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
79 SECTION 00700

GENERAL CONDITIONS
resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

ARTICLE 53. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier.

Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

ARTICLE 55. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 56. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of City and Contractor.

ARTICLE 57. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
80 SECTION 00700

GENERAL CONDITIONS
ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify City in order that proper steps may be taken to have the change reflected on the Contract.

ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time City makes final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 60. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 61. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.

ARTICLE 62. PATENT FEES OR ROYALTIES
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless City, its officials, officers, agents, employees and representatives from and against any and all 55728.00300\33360134.1
SECTION 00700

GENERAL CONDITIONS
81 SECTION 00700

GENERAL CONDITIONS
liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.

ARTICLE 63. OWNERSHIP OF DRAWING
All Contract Documents furnished by City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to City on request at completion of The Work.

ARTICLE 64. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

END OF GENERAL CONDITIONS
55728.00300\33360134.1
82 SECTION 00750

SPECIAL CONDITIONS
SECTION 00750

SPECIAL CONDITIONS

1. SPECIFIC MATERIALS
City has made the following findings as they relate to need for the use of specific material(s), product(s), thing(s), and/or service(s) that must be utilized for the Project:

Materials utilized for this Project shall meet all American Water Works Association (AWWA) standards, Signal Hill Water Department standards, and required specifications under the Technical Specifications attached hereto.

Please refer to Technical Specifications for specific material listings and types.

2. [NOT USED]

3. STORMWATER SPECIFICATIONS
City has not prepared a SWPPP or other stormwater compliance plan for the Project site.

Contractor is responsible for filing the PRDs and for obtaining coverage under the Permit. This includes preparing and implementing a SWPPP for the Project site, and coordinating all submittals with the City's Legally Responsible Person and Authorized Signatory as those terms are defined in the Permit. Before any PRDs, SWPPP, or other Permit related document may be submitted to the State Board or implemented on the Project site, it must first be reviewed by the City, who retains the right to reject or require revisions thereto. If the Project is less than one acre in size, Contractor is still required to develop and implement an Erosion and Sediment Control Plan for the Work site. Contractor must include all costs of compliance with specified requirements in the Contract amount.

4. PRE-CONSTRUCTION MEETING
After, or upon, notification of Contract Award, the Engineer will set the time and location for the Pre-Construction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor 's responsible project personnel attend the Pre-Construction Meeting will be grounds for default by Contractor. No separate payment will be made for the Contractor 's attendance at the meeting. The Notice to Proceed will only be issued on or after the completion of the Pre-Construction meeting.

5. MODIFICATION OF HOURS OF WORK
The Contractor’s activities shall be confined to Monday through Friday, excluding City holidays and weekends. The Contractor’s activities shall be confined to the hours between 8:00 a.m. and 4:30 p.m. Working hours on arterial streets, including closure of travel lanes, will be allowed only between the hours of 9:00 a.m. and 3:30 p.m. Deviation from these hours will not be permitted without written request and the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested, or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.
55728.00300\33360134.1
SECTION 00750

SPECIAL CONDITIONS
83 SECTION 00750

SPECIAL CONDITIONS

6. STREET CLOSURES, DETOURS, BARRICADES
Existing electrical systems (traffic signal, highway and street lighting, flashing beacon, sign illumination and other facilities), or approved temporary replacements thereof, shall be kept in effective operation for the benefit of the traveling public during the progress of the work, except when shutdown is permitted to allow for alterations or final removal of the systems. The traffic signal shutdowns shall be limited to normal working hours, or shall be as specified in the special provisions. Lighting system shutdowns shall not interfere with the regular lighting schedule, unless otherwise permitted by the Engineer. The Contractor shall notify the Engineer prior to performing any work on existing systems.

The Contractor shall notify the City prior to any operational shutdown of a traffic signal. The City will:

1. Continue the operation and maintenance of existing electrical facilities.

2. Continue to provide for electrical energy for the operation of existing electrical facilities.

3. Repair or replace existing facilities damaged by public traffic.

4. Pay the cost of electrical energy for the operation of existing or new facilities that are undergoing the functional tests.

The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage those facilities or interfere with any electrical system.

Where damage is caused by the Contractor’s operations, the Contractor shall, at the Contractor’s expense, repair or replace damaged facilities promptly in conformance with these specifications.

If any existing loop conductor, including the portion leading to the detector handhole or termination pull box, is damaged by the contractor’s operations, the Contractor shall immediately notify the Engineer. The affected detectors shall be replaced at the Contractor’s expense and as directed by the Engineer within 24 hours. If the Contractor fails to complete the repairs within this period, the repairs will be made by the City at the Contractor’s expense.

Should the Contractor fail to perform the required repairs or replacements, the cost of performing the repairs or replacements will be deducted from any moneys due or to become due to the Contractor.

Where roadways are to remain open to traffic and existing lighting systems are to be modified, the lighting systems shall remain in operation and the final connection to the modified circuit shall be made so that the modified circuit will be in operation by nightfall of the same day.

Temporary electrical installations shall be kept in effective operation until the temporary installations are no longer required for the traveling public.

During traffic signal system shutdown the Contractor shall place “STOP AHEAD” and “STOP” signs to direct vehicle and pedestrian traffic through the intersection. All signal faces shall be 55728.00300\33360134.1
SECTION 00750

SPECIAL CONDITIONS
84 SECTION 00750

SPECIAL CONDITIONS
covered when the system is shutdown overnight. Temporary “STOP AHEAD” and “STOP” signs shall be either covered or removed when the system is turned on. “STOP AHEAD” and “STOP” signs shall be furnished by the Contractor and shall conform to the provisions in Caltrans Standard Specification section 12-3.06, “Construction Area Signs.” Minimum size of “STOP” signs shall be 30 inches.

One “STOP AHEAD” sign and one “STOP” sign shall be placed for each direction of traffic. For two-lane approaches, 2 “STOP” signs shall be placed. Location of the signs shall be as directed by the Engineer.

Barricades shall be equipped with flashing warning lights. All power required devices shall be operated by batteries, rather than generators.

Street closures will not be allowed, except as specifically permitted by the Engineer. Traffic control shall be approved by the Engineer.

Lane transitions shall conform to the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD).

Temporary traffic channelization shall be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer.

In no event will temporary striping be allowed on finished pavement surfaces, which are to remain.

The Contractor shall prepare any traffic control or detour plans that may be required as directed by the Engineer. The Contractor shall submit Traffic Control Plans for all work on arterial roads, prepared and signed by a California Registered Civil or Traffic Engineer at least ten (10) working days prior to commencing work.

The Contractor shall schedule an employee to police the temporary delineators and barricades within the travel way during weekday, nonworking hours, and over Saturdays, Sundays, and holidays. Any corrective work required to be done by City forces shall be back charged to the Contractor based on the actual costs, plus City overhead and withheld from the final payment.

All costs to the Contractor for street closures, detours, barricades, and associated plans shall be included in various lump sum contract bid items, and no separate payment will be made therefore.

7. SURVEY CONTROL AND REFERENCE POINTS
Prior to the start of construction, the Contractor (its licensed surveyor or qualified engineer) shall locate all monuments (both of record and not of record), bench marks, and centerline ties within one hundred feet of the construction activity. Additional ties to monuments shall be set when ties are missing (min. four ties per monument). The Contractor shall prepare and submit for review to the City Engineer separate tie sheets and Corner Record sheets (monuments not of record shall have only tie sheets prepared). Corner Records shall conform to the County Engineers’ Association of California’s “Guide to the Preparation of Records of Survey and Corner Records” document as provided by the County of Los Angeles-Land Surveyor’s Office and on file in the City of Signal Hill City Engineers Office. Upon review by the City Engineer, the Contractor shall 55728.00300\33360134.1
SECTION 00750

SPECIAL CONDITIONS
85 SECTION 00750

SPECIAL CONDITIONS
file the Corner Records with the County of Los Angeles-Land Surveyor’s Office. Certified Corner Records shall be filed with the City Engineer. Prior to final Acceptance by the City, the Contractor shall re-survey all field monuments and centerline ties within the construction zone, prepare tie sheets and corner record sheets as indicated above, and file them with the City Engineer for review. After review by the City Engineer, the land surveyor shall file the corner records with the County Land Surveyors Office, and file certified copies of the corner records with the City Engineer.

All survey monuments removed or altered as a result of construction shall be reset, corner records shall be filed with the County of Los AngelesLand Surveyor’s Office, and approved final corner records shall be filed with the City Engineer. Centerline ties removed as a result of construction shall be reset and tie sheets filed with the City Engineer.

Contractor shall provide a letter of certification for all monuments having four or more existing ties which are within 0.02 ft plus or minus of the original City tie sheet records. When several monuments and ties appear on one tie sheet and one of the ties has changed the land surveyor shall re-measure all of the ties and re-file a new ties sheet with the City as required herein.

County of Los Angelespermanent and temporary bench marks within the construction zone shall be located by survey, and the Contractor shall send a written notification of impending construction to the County of Los AngelesLand Surveyor’s Office two weeks prior to construction.

END OF SPECIAL CONDITIONS
55728.00300\33360134.1
86 APPENDIX

INSURANCE REQUIREMENTS

APPENDIX

INSURANCE REQUIREMENTS

1. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officials, officers, employees, agents, and volunteers. Company or companies providing insurance coverage shall be acceptable to City, if in the form and coverage as set forth in the Contract Documents.

2. COMMERCIAL GENERAL LIABILITY INSURANCE
a. 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 CGL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Project site, or the performance of its obligations hereunder.

Policy limits shall not be less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate. Defense costs shall be paid in addition to the limits. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits 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 City, and shall not preclude City from taking such other actions available to City under other provisions of the Contract Documents or law.
c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
55728.00300\33360134.1

APPENDIX

INSURANCE REQUIREMENTS
87 APPENDIX

INSURANCE REQUIREMENTS
e. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, City may require additional coverage to be purchased by Contractor to restore the required limits. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

3. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under these Contract Documents, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Such insurance shall be provided in a form and with insurance companies acceptable to City and comply with the provisions of Section 6 below.

4. UMBRELLA OR EXCESS LIABILITY INSURANCE.

Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
b. Pay on behalf of wording as opposed to reimbursement; c. Concurrency of effective dates with primary policies; and d. Policies shall “follow form” to the underlying primary policies. e. Insureds under primary policies shall also be insureds under the umbrella or excess policies.

5. POLLUTION LIABILITY INSURANCE
Environmental Impairment Liability insurance shall be written on a contractor’s pollution liability form or other form acceptable to agency providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. the policy limit shall be no 55728.00300\33360134.1

APPENDIX

INSURANCE REQUIREMENTS
88 APPENDIX

INSURANCE REQUIREMENTS
less than $1,000,000 dollars per claim and in the aggregate. all activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” the policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

6. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A-:VII.
b. Insurance deductibles or self-insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from City. At the election of City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
c. Contractor shall cause its insurance carrier(s) to furnish City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by City’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 required policies of Commercial General Liability, Automobile Liability insurance shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 01 01 (or endorsements providing the exact same coverage) to effectuate this requirement. Further, all policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to City prior to any material modification or cancellation of such insurance. d. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to the Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under these Contract Documents until City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this 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.
e. All required insurance coverages shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and 55728.00300\33360134.1

APPENDIX

INSURANCE REQUIREMENTS
89 APPENDIX

INSURANCE REQUIREMENTS
volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its Subcontractors.
f. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and City’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 at the City’s request. g. City reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
h. In the event any policy of insurance required by the Contract Documents does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract, effective upon notice.
i. Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder. j. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 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 specified minimum limits of insurance and coverage shall be available to the City.
k. Contractor shall be responsible for causing all Subcontractors of any tier working under this Contract to purchase insurance meeting the requirements contained herein, including adding the City its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO GC 20 38 04 13 (or an endorsement providing the exact same coverage) to effectuate this requirement.

Contractor shall not allow any Subcontractor to commence work relating to these Contract Documents until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
55728.00300\33360134.1

CITY OF SIGNAL HILL

HILLBROOK PARK IMPROVEMENT PROJECT

TECHNICAL SPECIFICATIONS
PW 95.22003
SECTION 01000

Page 1 ends

MOBILIZATION
SECTION 01000

MOBILIZATION
PART 1 - GENERAL

1.01 STANDARD SPECIFICATIONS: The provisions of the Standard Specifications shall apply except as modified herein.

1.02 SCOPE: The Work of this Section shall consist of furnishing all labor, materials, equipment, appliances and services necessary for the execution and completion of all Mobilization and De-Mobilization Work as shown on the Plans and as described in the Specifications including, but not necessarily limited to, the following:
• Preparatory operations including, but not limited to those efforts necessary for the movement of personnel, equipment, supplies, and incidentals to the Work site;
• All other operations which must be performed or costs incurred prior to beginning Work on the site; • Provision of Temporary Toilets;
• All operations necessary for De-Mobilization Work;
• Provision and installation of Construction Fence per General Conditions, Section 00700. • Provision of Construction Office with non-pay telephone and fax machine; • Provision of office equipment including copy machine and plan files; • Provision of temporary utilities;
• Secure all required permits;
• Obtain temporary construction water & electrical service; • Submittals per General Conditions, Section 00700.

1.03 RELATED WORK:

Bonds General Conditions, Section 00700
Proposed Substitutions General Conditions, Section 00700 Liability Insurance Appendix Insurance Requirements
Workers' Compensation Insurance Appendix Insurance Requirements

1.04 SUBMITTALS: As a part of mobilization, all submittals as specified in various individual Sections of the Specifications shall be forwarded to the City Representative in the format specified in Technical Specifications.

See General Conditions, Section 00700, Article 9. Submittals shall include all Materials Lists, Catalog Cuts, Shop Drawings, material and color samples, and Construction Schedule, all as specified.

PART 2 - MATERIALS

2.01 TEMPORARY UTILITIES: The permanent potable domestic water meter is already in place and available for use on the Project. Contractor shall furnish temporary water (if need exceeds safe rate of flow through existing water meter), and power complete with connecting piping, wiring, lamps, meters and similar equipment as required for the Work. Install, maintain, and remove temporary lines upon completion of the Work. All expenses in connection with temporary services and facilities shall be paid for by Contractor.

2.02 TEMPORARY TOILETS: Contractor shall install and maintain in a sanitary condition suitable toilets for the use of workers. Toilets shall be portable and shall be removed from the job site at the end of the contract period just prior to Final Acceptance. There shall be a minimum of one (1) toilet for each multiple of twenty (20) Contractor's employees or fractional part thereof working at the job site. Portable toilets shall be maintained in a neat, clean and sanitary condition throughout the contract period.

2.03 CONSTRUCTION OFFICE: Contractor shall provide and maintain a watertight construction office on the premises, where directed, for Contractor's own and subcontractors' use. The Construction Office building/trailer shall be heated, provided with operating windows, doors with locks, tables, chairs, racks for drawings, and file drawers and restroom. This office shall have a minimum floor space of 120 square feet.

SECTION 01000

Page 2 ends

MOBILIZATION

2.04 TEMPORARY TELEPHONE: Contractor shall provide at Contractor's own expense a non-pay telephone for the use of Contractor and subcontractors, as well as for the use of A/E and the Parks Department Representative.

The A/E's and City's use will be for local calls only, or for toll calls with all charges reversed.

2.05 OFFICE EQUIPMENT: Contractor shall furnish and maintain necessary office equipment, including a plan "stick file", copy machine and a fax phone. Cost for use of office equipment for the duration of the Project shall be borne by Contractor.

PART 3 - EXECUTION

3.01 GENERAL:

A. Payment: Payment for mobilization will be at the lump sum price bid for mobilization. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Mobilization and De-Mobilization Work as herein specified. The 5% retention shall apply to all Mobilization and De-Mobilization Work.

B. Work Yard Site Plan: Contractor shall submit a site plan sketch of Contractor's planned Construction Office and work yard showing their proposed on-site location(s) for the review and approval of the City Representative.

3.02 CLEAN-UP: Contractor shall provide trash receptacles for collecting debris, shall remove debris from the job site at regular intervals, not less than weekly, and shall dispose of same off-site in a legal manner.

END OF SECTION
SE CTION 01240

Page 1 ends

CONTR ACTOR’S R E QUE S T FOR INFOR MATION
SECTION 01240
CONTRACTOR’S REQUEST FOR INFORMATION (RFI’s)
PART 1 - GENERAL

1.01 SECTION INCLUDES: This section sets forth the administrative requirements that Contractor, Architect and City are to adhere to for handling of Contractor’s requests for information.

1.02 DEFINITIONS:

A. Request for Information:

1. Definition: A document submitted by Contractor to request clarification of a portion of the Contract Documents, hereinafter referred to as RFI.

2. Requirements: A properly prepared RFI shall include a detailed written statement that indicates the specific Drawings or Specification in need of clarification and the nature of the clarification requested. a. Drawings shall be identified by drawing number and location on the sheet. b. Specifications shall be identified by Section number, page and paragraph.

B. Improper RFI:

1. Definition: An RFI that is not properly prepared.

2. Handling: Improper RFI’s will be returned marked “Not Reviewed” with a notation of why they are deemed improper.

C. Frivolous RFI:

1. Definition: An RFI that requests information that is clearly shown on the Contract Documents.

2. Handling: Frivolous RFI’s will be returned marked “Not Reviewed” with a notation of why they are deemed frivolous.

1.03 CONTRACTOR’S RFI:

A. When Contractor is unable to determine from the Contract Documents the material, process or system to be installed, an informal clarification shall be requested of the Architect at the next appropriate project meeting, so that when possible a response can be provided and entered into the meeting minutes. When such informal clarification is not possible due to its complexity, or when due to the urgency of the issue clarification cannot wait until the next project meeting, Contractor shall prepare and submit an RFI.

B. Contractor shall endeavor to keep the number of RFI’s to a minimum. In the event that the Architect determines the process has become unwieldy due either to the number and/or the frequency of RFI’s, the City Representative may require Contractor to abandon the process and submit future requests either as submittals, substitutions or requests for change.

C. RFI’s shall be submitted on a form acceptable to the Architect. Forms shall be completely filled in and shall be fully legible when photocopied and/or transmitted. Each page of attachments to RFI’s shall bear the RFI number.

D. RFI’s shall be originated by Contractor:

1. RFI’s from subcontractors or material suppliers shall be submitted through, reviewed and signed by Contractor prior to submittal to City.

2. RFI’s sent by subcontractor directly to the Architect or to Architect’s consultants will not be accepted and will be returned unanswered.

SE CTION 01240

Page 2 ends

CONTR ACTOR’S R E QUE S T FOR INFOR MATION
E. Contractor shall carefully study the Contract Documents to assure that the requested information is not available therein. RFI’s which request information available in the Contract Documents will either be deemed “improper” or “frivolous” as noted above.

F. In cases where RFI’s are submitted to request clarification of coordination issues, for example pipe and duct routing, clearances, specific locations of work shown diagrammatically, and similar issues, Contractor shall fully lay out a suggested solution using drawings or sketches drawn to scale, and submit same with the RFI. RFI’s which fail to include a suggested solution will be returned unanswered with the notation that Contractor is to submit a complete RFI.

G. RFI’s shall not be used for any of the following purposes:

1. To request approval of submittals;

2. To request approval of substitutions;

3. To request changes which entail additional cost or credit;

4. To request changes which entail change in time of completion; or,

5. To request different methods of performing work than those drawn and specified.

H. In the event Contractor believes that a clarification by the Architect results in additional cost or time, Contractor shall not proceed with the Work indicated by the RFI until a change order is prepared and approved. RFI’s alone shall not justify a cost increase in the Work or a change in the project schedule. All such changes must be via official change orders.

I. Contractor shall prepare and maintain a log of RFI’s, and, at any time requested by the Architect, shall furnish copies of the log showing outstanding RFI’s. Contractor shall note unanswered RFI’s in the log.

J. Contractor shall allow up to 14 calendar days for review and response time for RFI’s from the date of receipt by the City. However, the Architect will endeavor to respond in a timely fashion to all RFI’s.

1.04 ARCHITECT’S RESPONSE TO RFI’S: Architect will respond to each RFI in one of the following ways:

A. Properly prepared RFI’s:

1. Architect’s Supplemental Instruction;

2. Request for Cost Proposal;

3. Instruction Bulletin; or,

4. Architect may opt to retain RFI’s for discussion during regularly scheduled project meetings for inclusion of responses in meeting minutes in lieu of separate written response in another form.

B. Improper or Frivolous RFI’s:

1. Notification of Processing Fees(s).

2. Unanswered RFI’s will be returned with a stamp or notation: Not Reviewed.

C. Answers to properly prepared RFI’s will be made separately in writing, not upon the RFI form.

PART 2 - MATERIALS (Not Applicable).

PART 3 - EXECUTION (Not Applicable).

END OF SECTION
SECTION 02110

Page 1 ends

CLEAR, GRUB, DEMOLITION AND SALVAGE
SECTION 02110

CLEAR, GRUB, DEMOLITION AND SALVAGE
PART 1 - GENERAL

1.01 STANDARD SPECIFICATIONS: The provisions of the "Standard Specifications for Public Works Construction" shall apply except as modified herein.

1.02 SCOPE: The Work of this Section shall consist of furnishing all labor, materials, equipment, appliances and services necessary for the execution and completion of all Clear, Grub, Demolition and Salvage Work as shown on the Plans and as described in the Specifications including, but not necessarily limited to, the following:
• Protection of all trees not designated for removal;
• Removal of all trees designated on the Plans for removal; • Clearing and grubbing of vegetation from work area as necessary to accomplish scope of work; • Saw-cutting, removal and disposal of all pavement designated on the Plans for removal; • Salvage of various site furnishings and equipment and deliver to City yard; • Demolition of existing structures, such as concrete paving, overhead, rock paving, base materials, below grade concrete footing, catch basins, existing walls, irrigation equipment, and site furnishings as noted on the Plans and termination/capping of existing service utilities; • Furnishing, developing, applying and providing dust control watering equipment as required for the project; • Removal and disposal of all deleterious materials not specifically mentioned herein which may be found within the Work Limits;
• Coordination with Work of other Sections; and,
• Clean-up.

1.03 DEFINITIONS
A. Demolish: Completely remove and legally dispose of off-site.

B. Recycle: Recovery of demolition waste for subsequent processing in preparation for reuse.

C. Salvage: Carefully detach from existing construction, in a manner to prevent damage, and store in a secured location until ready for installation on site. Include fasteners or brackets needed for re-attachment elsewhere. Memorial items that may require some disassembly shall be carefully coordinated with City representative.

1.04 RELATED WORK:

Grading: Section 02210
Planting: Section 02480
Irrigation: Section 02441

1.05 RESPONSIBILITY AND COORDINATION: Contractor shall secure and maintain all required permits and licenses, and pay all fees necessary to legally complete the Work of this Section.

Contractor shall notify utility companies for all utilities to be cut off, modified or relocated, and shall maintain and protect all active utilities.

Contractor shall coordinate all ASSA lock cylinder salvage work with Adair Safe & Lock company and shall provide signed receipts to the Park and Recreation Department to document the number and types of ASSA high security lock cylinders salvaged for future use in the City’s park system.

Contractor shall coordinate all Work with the Park and Recreation Department in an effort to avoid any conflicts with the recreation programming and parks maintenance schedules.

1.05 PROTECTION AND SAFETY: Contractor shall provide signs in necessary places to exclude persons, except those connected with the Work, from entering the working area. Contractor is responsible for preventing unauthorized persons from entering the work area.

SECTION 02110

Page 2 ends

CLEAR, GRUB, DEMOLITION AND SALVAGE
Contractor shall protect the Project site and adjacent properties from dirty water, mud and water accumulated due to Contractor's operations and from rainfall runoff or water that enters the Project site from any other source.

It is not expected that hazardous materials will be encountered in the Work. However, it materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Any hazardous materials will be removed by City under a separate contract.

PART 2 - MATERIALS - Not applicable.

PART 3 - EXECUTION

3.01 GENERAL REMOVAL WORK: Removal Work shall be carefully done to avoid damage to all existing facilities not designated for removal. When removing concrete pavement adjacent to concrete pavement designated to remain, contractor shall double saw-cut and carefully hand trim to the second saw-cut line to avoid damage to portions designated to remain.

3.02 SITE CLEARANCE AND DISPOSAL:

A. Site Clearing: Clear the sites to be improved of grass, trees (including root balls), shrubs, weed growth, rubbish and debris, and existing asphaltic concrete pavement, concrete slabs, etc., that are to be removed for construction of the improvements shown on the Plans. Roots three inches in diameter and larger, rocks and broken masonry larger than four inches in the greatest dimension, and irrigation lines shall be removed to a minimum depth of 12" below finished grade.

B. Disposal: All deleterious materials shall be disposed of off the site in a legal manner by Contractor, who shall make all necessary arrangements and pay all related costs.

3.03 UTILITIES: All known underground utilities are noted on the Plans.

A. Utilities to be Inactivated or Abandoned: Utilities that are to be inactivated or abandoned shall be disconnected, removed, and plugged or capped subject to local governing ordinances. All electrical conductors are to be removed from conduit runs to be abandoned.

B. Existing Inactive/Abandoned Utilities: All miscellaneous inactive underground facilities (e.g., drainage devices, secondary water lines, cables, abandoned oil and water lines, leaching fields, irrigation pipes, wiring, etc.), located 12 inches or more below finish grade may be abandoned in place or removed as necessary for proper completion of the Work.

C. Utilities to be Protected: All miscellaneous active underground facilities that are encountered during the Work, whether shown on the Plans or not, shall be protected.

D. Utilities Not Shown: If Contractor encounters any existing underground utilities not shown on the Plans, Contractor shall at once notify the City Inspector who will determine further procedure.

3.04 SALVAGE: The following items shall be salvaged from the project site for turn-over to the City or other designated representatives:

A. Site Furnishings: Existing furnishings noted on plans shall be salvaged by the Contractor and turned over to the City or reinstalled at new locations as indicated on plans. Contractor shall obtain a signed receipt to identify the types and quantities of furnishings delivered to the City. Furnishings include: Picnic tables, trash containers, light poles, benches, play equipment, and irrigation materials.

3.05 DEBRIS BURNING: Burning of debris is NOT permitted.

SECTION 02110

Page 3 ends

CLEAR, GRUB, DEMOLITION AND SALVAGE

3.06DUST CONTROL: Dust shall be kept to a minimum for the duration of the Contract period, especially during the site clearing operations, by means of wetting the site or other approved method. After all site clear and grub operations are complete, wash down all existing sidewalks and roadways on and off the site that have become soiled due to Contractor's operations.

END OF SECTION
Grading

Page 1 ends

Section 02210
SECTION 02210

GRADING, TRENCHING, BACKFILL & COMPACTION
PART 1 - GENERAL

1.01 STANDARD SPECIFICATIONS: The provisions of the "Standard Specifications for Public Works Construction" shall apply except as modified herein.

1.02 SCOPE: The Work of this Section shall consist of furnishing all labor, materials, equipment, appliances and services necessary for the execution and completion of all Grading, Trenching, Backfill & Compaction Work as shown on the Plans and as described in the Specifications including, but not necessarily limited to, the following:
• Rough grading as shown on the plans, including cut, fill, backfill and backfill compaction; • Preparation of subgrade for all walkways, slabs and other facilities including any over-excavation and recompaction as may be required per the Structural Soils Report; • Trenching, backfill & compaction;
• Excavation Safety;
• Soil compaction as required;
• Soil testing as required;
• Coordination with Work of other Sections;
• Clean-up; and,
• Erosion Repairs, Guarantees and Warranty Work.

1.03 RELATED WORK SPECIFIED ELSEWHERE:

Site Clear and Grub Section 02110
Placement of all mechanical,
plumbing, irrigation, drainage,
electrical, or other underground,
work within trenches dug under
this section Technical Sections as Appropriate
Finish Grading in Landscaped Areas Section 02480

1.04 QUALITY ASSURANCE:

A. Other Requirements: All Work of this Section shall comply with the requirements of the following:

1. The Grading Code of the City of Signal Hill.

2. The Soils Engineering Investigation Reports for the site prepared by Soils Engineer B. Tests and Inspections:

1. All Work in this Section shall be subject to the observation and testing as required by the Soils Engineer selected by City. The Soils Engineer will submit a compaction report to the City Representative certifying Contractor's compliance with the Plans, Specifications, Soils Reports and City Grading Ordinance in placing all fills and backfills. The Soils Engineer will conduct all specified tests to insure compliance. The Soils Engineer will also test, identify and make recommendations on borrow site fill materials as specified in this Section.

2. The number and location of soils tests shall be at the discretion of the Soils Engineer to assure uniformity and shall be at least one test per two vertical feet of fill, but not less than one test per 500 cubic yards, all as approved by the City Representative.

3. The costs of services of the Soils Engineer for specified field density and maximum density tests, compaction reports and certificates of compliance, will be borne by City except that additional tests and re-compactions made necessary by inadequate compaction, inadequate materials provided by Contractor, or inaccurate excavations shall be paid for by Contractor.

1.05 WATER: See General Conditions, Section 00700, Article 15 Utility Usage regarding temporary construction water.

Grading

Page 2 ends

Section 02210

1.06 JOB CONDITIONS:

A. Protection of Existing Items:

1. Contractor shall furnish, place and maintain all shoring and bracing as may be required for protection of existing structures and utility services during execution of the Work.

2. All bench marks, monuments and other reference points shall remain undisturbed unless specifically directed otherwise by the City Inspector.

B. Coordination with Others:

1. Contractor shall give written notice to the Parks, Recreation & Community Services Department Representative, utility agencies, and other legal authorities prior to starting Work.

2. Contractor shall coordinate Contractor's operations with other trades, utility agencies, and other affected public departments to assure continuity for both access and service of all utility service distribution lines, in conformance with applicable requirements of these organizations. No services to any property shall be impeded.

C. Abandoned and Unknown Utilities:

1. Abandoned lines, meters and boxes, obstructions or piping, shall be removed, plugged, or capped in accordance with the requirements and approval of the agencies affected, or as directed by the Park Projects Inspector. Coordinate all such Work with applicable mechanical or electrical trade having responsibility. Remove all abandoned utility lines, pipes, or conduits, to a point outside new construction lines.

2. Where unmarked utility lines or other underground obstructions or piping are uncovered within the Work area, notify the agencies or service utility companies having jurisdiction and take necessary measures to prevent interruption of service. If such lines or services become damaged, broken, or interrupted due to Contractor's negligence, such damaged services shall be repaired immediately by the party designated by the utility owner, at Contractor's expense. If an unmarked utility is damaged other than through the negligence of Contractor, Contractor's responsibility is limited to providing immediate and proper notification of the damage to the utility owner so that repairs can be made.

Contractor shall cooperate with the utility owner and provide access for repair work.

PART 2 - MATERIALS

2.01 FILL MATERIAL:

A. Required Approval: All fill material must be approved by the Soils Engineer and the City Representative.

B. On-site Material: On-site excavated materials may be used for fill as approved by the Soils Engineer and the City Representative.

2.02 GRANULAR BEDDING MATERIAL: Where called for on the Plans, granular bedding material shall be crushed stone or pea gravel conforming to the following grading:

Sieve Size % Passing
3/4" 100
1/2" 95
#4 5

2.03 IMPORT:

A. Landscape Fills: All import soil used for fill in landscape areas shall be Class 'A' topsoil per Standard Specifications, Section 212-1.1 Top Soil, General.

B. Structural Fills: All import soil used solely for structural fill shall be non-expansive, predominantly granular material free from organic contaminants, and capable of attaining the required compacted densities.

Grading

Page 3 ends

Section 02210
C. Approved Samples: Samples of all import soil, as obtained by the City's Inspector at the borrow site, must be approved by the Parks, Recreation & Community Services Department Representative prior to start of import of soil to the Project site.

PART 3 - EXECUTION

3.01 GENERAL:

A. Work Sequence: All demolition, clearing and grubbing of objectionable materials must be completed to the satisfaction of the Parks Department Representative before starting any earthwork grading and excavation.

All existing site improvements and plant material not designated for removal, or salvage, shall be protected in place.

B. Survey: General Conditions, Section 00700, Article 24 Layout and Field Engineering regarding responsibility for provision of all survey services as necessary for horizontal and vertical control points, layouts, lines and levels, and staking of the Work. Protect all bench marks and survey control points.

C. Unknown Utilities and Structures: In the event unknown utility lines, vaults, ducts or other underground structures of any sort are discovered during excavation that are not shown on the Plans, immediately notify the City Representative, and take measures as necessary to protect such utilities and structures from damage.

3.02 ROUGH GRADING:

A. Conformance with Plans: Rough grading of the site shall be completed in accordance with indicated contours, elevations, and limit lines shown on the Plans and shall allow for the depths of slabs, paving, sub-base, topsoil, and controlled fills.

B. Grading Tolerances:

1. Sub-grades to receive slabs and pavements shall be graded to a tolerance of plus or minus one-half ½ inch, and shall be compacted as specified below in Sub-section 3.04 CONTROLLED FILL, paragraph G. Relative Compaction Requirements, sub-paragraph 1. Slabs & Pavement Subgrades.

2. Tolerance for rough grading in all other areas is 1/10th of a foot.

3. In all areas, appearance and positive drainage will be factors in the acceptability of grades.

C. Compacted Lifts: Graded material shall not be left in loose layers, but shall be stockpiled for use in controlled fill or compacted in thin layers as grading takes place in accordance with the requirements for controlled fill.

D. Scarification: Shall be performed on all areas indicated to receive paving to depths as indicated in the soils report. In the absence of a soils report, scarification shall be to a minimum depth of six (6) inches or to a depth permitting twelve (12) inches of controlled fill whichever is greater.

E. Engineer's Approval: Contractor shall obtain the Soil Engineer's approval of all scarified surfaces prior to placement of fill.

3.03 CONTROLLED FILL:

A. Landscape Fills: The topmost 12" of fill in all landscape areas shall be topsoil.

B. Rocks: Rocks larger than two (2) inches in diameter shall be removed from all fills to be compacted.

Grading

Page 4 ends

Section 02210
C. Lifts: Fill material shall be spread in uniform lifts of six (6) to eight (8) inches of un-compacted thickness.

D. Moisture Content: Prior to starting compaction, the fill material shall be brought to optimum moisture content by spraying with water if too dry, and aeration if too wet.

E. Mixing: Thoroughly mix each lift to assure uniform distribution of water content.

F. Allow for Shrinkage & Subsidence: Bring fills to suitable elevations above required grades to provide for effects of shrinkage and settlement.

G. Relative Compaction Requirements:

1. Slabs & Pavement Subgrades: For all areas designated to receive slabs and pavement and within a perimeter five (5) feet outside these areas, each lift shall be compacted to a minimum of 90% of maximum density as determined by ASTM D1557-78.

2. Planting Areas: Where fill is required in planting areas each lift shall be compacted to a minimum of 85% maximum density.

3. Mechanical Equipment: Perform all compaction by suitable mechanical equipment and methods approved by the Soils Engineer.

H. Contractor's Responsibility: During the grading operations, inspection and field tests will be carried on by the Soils Engineer. However, Contractor is responsible to ensure obtaining the required degree of compaction and the proper moisture content. Where compaction of less than the specified percentage is found, additional compaction effort shall be made with adjustment of the moisture content as necessary until the minimum specified compaction is obtained.

1. Over-excavation Due to Unsuitable Materials: Excessively wet material, material in any soft or spongy spots, and material in standing water shall be over-excavated to such depth as directed by the Soils Engineer and replaced with suitable material, properly compacted, all at no additional cost to the City.

3.04 EXCAVATION: Contractor shall perform all necessary excavation work for footings and slabs and shall perform all additional excavation work necessary to provide ample room for the installation of concrete forms where required. The bottom of all excavations shall be level and free from loose material, and shall be brought to the indicated or required grades in undisturbed earth. All excavations shall be kept free of standing water. Contractor shall perform all pumping, draining, and dewatering as may be necessary to keep excavations free of standing water while carrying on the Work. Should excavations for footings, through error, be excavated to a greater depth or size than indicated or required, such additional depth or size shall be filled with concrete at Contractor's expense.

3.05 OPEN TRENCH OPERATIONS: Shall conform to Standard Specifications Section 306-1 Open Trench Operations, as modified by the following:

A. General: Add the following to Standard Specifications Section 306-1.1.1 General:

1. All excavation shall be made to the lines and grades shown on the Plans. Trenches shall come no closer than 1 foot to the toe of a gutter unless otherwise approved by the Park Projects Inspector.

2. When the trench is close to an existing pole mounted light, catch basin, or other structure that is to remain, Contractor shall brace the adjacent structure as necessary to prevent dislocation of such structures. In the area of any such structures, the trench backfill shall be compacted to 95% to the full depth of the structure.

3. Ponding or jetting of backfill is not allowed unless specifically shown on the Plans.

B. Replacement of Surface Improvements: Add the following to Standard Specifications Section 306-1.1.5 Trench Resurfacing:
“Replacement of bituminous pavement and base material over trenches shall conform to Public Works Department Standard Drawing No. 453.” C. Unsuitable Material: Add new subsection 306-1.1.7 as follows:

3.06-1.1.7 Unsuitable Material. The conditions and requirements for the determination and disposition of unsuitable material encountered during open trench Grading

Page 5 ends

Section 02210
operations shall be in accordance with Standard Specifications Section 300-2.2 Unsuitable Material.

D. Pipe Bedding: Unless otherwise shown on the Plans, pipe bedding shall conform to Public Works Department Standard Drawing No. 452, Case I.

E. Trench Backfill: Shall conform to Public Works Department Standard Drawing No. 453. and Standard Specifications Section 306-1.3 Backfill & Densification. Trench backfill shall be completed as soon as possible after the pipe has been installed, and in existing streets there shall be no more than 200 feet of open and/or uncompacted trench at the end of any calendar day. Contractor’s operations shall be adequate to ensure 2-way traffic at all street intersections during all phases of construction.

F. Compaction of Backfill Over VCP an Other Utilities: Mechanical compaction of backfill using impact type pavement breakers (stompers) will not be permitted within the first 4 feet of backfill over Vitrified Clay Pipe (VCP). Such backfill shall be compacted by other means. All trench backfill over underground utilities shall conform to the applicable Technical Specifications section for that utility.

G. Temporary Resurfacing: Shall be required only at times and locations during construction as determined by the City Representative. If required, payment for such temporary resurfacing shall be the stipulated price of $40 per ton of temporary resurfacing in place and shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary materials.

3.06 FOOTINGS: Footings may be poured against undisturbed soil if the Soils Engineer approves.

3.07 BACKFILLING:

A. Material: Select site material, free from large stones and clods, shall be used for backfill of trenches and excavations. All backfill material shall be as approved by the Soils Engineer.

B. Pre-Conditioning and Placement:

1. Layers of backfill shall be pre-conditioned by moistening with water, the amount of water is to be controlled to insure optimum moisture conditions for the type of fill material used. Excess water causing saturated earth beneath footings, walks, and curbs is unacceptable.

2. Backfill shall be deposited in layers of maximum six inch thickness.

3. Backfill shall be compacted by suitable means to a minimum relative compaction of 90%.

4. All trenches shall be backfilled in accordance with this Section, and may be tested at the discretion of the Engineer.

3.08 FINE GRADING: Fine grading, as specified under this Section, is a separate operation from finish grading as specified under Section 02480 Planting. Fine Grading Work is to commence upon completion of all trenching and backfill operations, and prior to soil preparation.

Upon completion of Fine Grading Work all areas shall slope to drain without water pockets or irregularities and shall conform to the intent of all Plans and Specifications after thorough settlement and compaction of the soil. Fine grading shall allow for Soil Preparation Work as specified under Section 02480 Planting, such that finish grades shall meet the elevations indicated on the Plans. Tolerance for fine grading is ¼ inch, plus or minus. All corrections to the Grading Work required to obtain proper drainage and to bring it into conformance with the intent of the Plans and Specifications and City codes shall be performed by Contractor at no additional cost to City.

3.09 DUST AND NOISE ABATEMENT: During the entire construction period, site areas shall be kept sprinkled as necessary to reduce dust in the air and annoyance to surrounding properties. Adhere to the requirements of City ordinances for dust and noise control.

END OF SECTION
SECTION 02231

Page 1 ends

SITE PROTECTION OF VEGETATION
SECTION 02231

SITE PROTECTION OF VEGETATION
PART 1 - GENERAL

1.1 STANDARD SPECIFICATIONS: The provisions of the "Standard Specifications for Public Works Construction" shall apply except as modified herein

1.2 SUMMARY
A. This Section includes the protection of existing vegetation that interferes with, or is affected by, execution of the Work, whether temporary or permanent construction.

B. Related sections include the following:

1. Section 02110 "Clear, Grub, Demolition and Salvage"”

2. Section 02480 “Planting”
PART 2 - PRODUCTS

2.1 MATERIALS
A. Temporary Fence: 4’-0” high orange plastic high visibility safety fence material.

Temporary posts shall be U-channel, or tee steel posts, 6’-0” long.

PART 3 - EXECUTION

3.1 PREPARATION
A. Temporary Fencing: Install temporary fencing around protection zones to protect remaining trees and vegetation from construction damage. Install posts 8’-0” apart maximum. Maintain temporary fence and remove when construction is complete.

Install posts two feet (2’) into grade.

B. Protect tree root systems, of trees to remain, from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations.

SECTION 02231

Page 2 ends

SITE PROTECTION OF VEGETATION
C. Do not store construction materials, debris, or excavated material inside tree protection zones. Do not permit vehicles or foot traffic within tree protection zones; prevent soil compaction over root systems.

3.2 EXCAVATION
A. Do not excavate within tree protection zones, unless otherwise indicated.

3.3 REGRADING
A. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade beyond tree protection zones. Maintain existing grades within tree protection zones, unless otherwise directed.

B. Minor Fill: Where existing grade is 6 inches or less below elevation of finish grade, fill with topsoil from site. Place topsoil in a single un-compacted layer and hand grade to required finish elevations. Compact where below new paving.

3.4 TREE REPAIR AND REPLACEMENT
A. Promptly repair trees and vegetation damaged by construction operations within 24 hours in a manner approved by the City-authorized representative. Treat damaged trunks, limbs, and roots according to arborist's written instructions.

3.5 DISPOSAL OF WASTE MATERIALS
A. Burning is not permitted.

B. Disposal: Remove excess excavated material and displaced vegetation from Owner's property.

END OF SECTION 02231
SECTION 02410

Page 1 ends

DRAINAGE SYSTEM
SECTION 02410

DRAINAGE SYSTEM
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Standard Specifications: The provisions of the Standard Specifications shall apply except as modified herein.

B. Reference Standards: The following standards also apply to the Work of this section:

1. American Society for Materials & Testing (ASTM) Standards:

ASTM D 2321 Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications; and,
ASTM D 2729 Standard Specifications for Poly Vinyl Chloride (PVC) Sewer Pipe and Fittings.

2. Department of the Army, Corps of Engineers Standard:

COE CW-02215 Civil Works Construction Guide Specification for Geotextiles Used as Filters.

1.02 SCOPE: The Work of this Section shall consist of furnishing all labor, materials, equipment, appliances and services necessary for the execution and completion of all Drainage System Work as shown on the Plans and as described in the Specifications including, but not necessarily limited to, the following:
• Obtain all required permits, and pay for those obtained from other than the City of Signal Hill. • Coordination with Work of other Sections;
• Installation of all french drain systems for all retaining walls; • Installation of all drain pipe between play areas and site drainage swale; • Installation of drain lines, with outlet location to be per Plans or as directed by the City Inspector; • Clean-up;
• Replacements, Repairs, Guarantees and Warranty Work.

1.03 RELATED WORK:

Grading Section 02210

1.04 SUBMITTALS: Submit copies of each of the following per General Conditions, Section 00700, Article 9, at the pre-construction conference for the review and approval of the City prior to commencement of any Work:

A. Materials List: Contractor shall submit a written Materials List for all materials that are proposed for use in the Work. The list shall show manufacturer's model numbers, type, size, and such other information as may be required to properly identify all items.

B. Product Data: Submit manufacturer’s technical literatures and installation instructions for the following:

1. Solid wall drain piping, fitting and inlets;

2. Perforated french drain piping and fittings; and,

3. Filter Fabric.

C. Samples: Submit samples as follows:

1. Filter Fabric: Submit 6-inch square.

2. Drain Pipe (each type): Submit 12 inch long section.

3. Drain Inlet: Submit one sample.

1.05 PRODUCT HANDLING: Contractor shall provide proper storage facilities for all materials delivered to the job site during the progress of the Work. Use all means necessary to protect materials of this Section as well as materials and installed Work of other trades before, during, and after installation.

PART 2 - MATERIALS
SECTION 02410

Page 2 ends

DRAINAGE SYSTEM

2.01 GENERAL: All materials of this Section shall conform to the requirements of the Standard Specifications.

2.03 DRAIN PIPE: Shall be poly-vinyl chloride (PVC 1120) pipe (4”) in compliance with ASTM D 2729. The class of fittings shall be at least equal to the class of the PVC pipe to be installed. HDPE piping and fittings (10”) in compliance with ASTM F2160. Use perforated type for french drains.

2.04 FILTER AGGREGATE: Shall be “Pervious Backfill” conforming with Standard Specifications Section 300-3.5.2 Pervious Backfill.

2.05 INLETS: Prefabricated plastic boxes as manufactured by NDS or approved equal.

PART 3 - EXECUTION

3.01 PREPARATION: Contractor shall verify all existing field conditions and compare them with the Plan dimensions.

Prior to beginning the Work of this Section, Contractor shall inspect all related Work and adjacent features and report to the Parks Department Representative all conditions which prevent proper execution of the Work.

Commencement of Work will be considered as Contractor's acceptance of the existing conditions. Contractor shall establish all lines, grades and locations of piping and accessories for the approval of the Engineer and the Parks Department Representative prior to installation of same.

3.02 PLANS ESSENTIALLY DIAGRAMMATIC: The Plans are to be considered as essentially diagrammatic in nature, to the extent that all offsets, and fittings as necessary to conform to actual site conditions are not shown.

Contractor shall install the drain lines in the general locations as shown on the Plans as approved by the Engineer and the City Representative.

3.03 FRENCH DRAIN SYSTEM:

A. Coordination: The schedule for installation of the Work of this Section shall be coordinated with the overall construction schedule so as to insure the orderly progress of the Work. No Work of this Section shall commence until acceptance of the rough grading operations per Section 02210 Grading. Prior to the commencement of each stage of this Work, carefully inspect the installed Work of other trades. For all Work, other than the rough grading cited above, Contractor shall be responsible for determining whether such other Work has been installed in such a manner as to permit the Work of this Section to proceed.

B. System Layout: Carefully layout the french drain system following the retaining wall layout shown on the Plans, in a manner to avoid interference with and from other Work, determining proper elevations for all components of the system, and using a minimum of bends and fittings.

C. Earthwork and Trenching: Contractor shall perform all required excavation, backfilling, and compaction in accordance with the requirements of other related Division 2 sections as applicable. Costs for performing such work are to be included in the bid breakdown price given for the sub-drainage system.

D. French Drain Pipe Installation:

1. Inspect all piping before installation to detect apparent defects. Mark all defective materials and promptly remove same from the work site. Do not incorporate defective materials into the Work.

2. Prior to assembly of French drain piping, install the filter fabric membrane from the grade line, down the earthen side of the excavation, across the bottom of the excavation, and up the backside of the retaining wall leaving enough excess fabric to envelope aggregate and French drain pipe after installation.

3. Place, shape and compact a layer of filter aggregate in the excavation over the filter fabric but below the perforated drain pipe to provide a minimum 4" thick bed.

4. Assemble and install all PVC piping in accordance with ASTM D 2321.

5. Beginning at the low point of the system, lay piping true to line and grade indicated and with unbroken continuity of invert (i.e. no abrupt changes in invert gradient). Lay pipe to drain as indicated on the Plans.

6. Make all joints between pipe sections with standard manufactured fittings and adapters intended for SECTION 02410

Page 3 ends

DRAINAGE SYSTEM
that purpose.

7. Backfill around the pipe with filter aggregate and compact to envelope pipe with minimum 4" thick layer of filter aggregate all around.

8. Envelope aggregate with filter fabric and commence placement and compaction of remainder of backfill with clean soils to finish grade.

F. Backfilling:

1. Place and compact backfill in uniform layers, to minimum 90% relative compaction.

2. Take care when placing backfill to avoid damaging or dislodging the drainage system components.

Do not operate wheeled or tracked vehicles on (in contact with) the filter fabric.

3.04 CONCRETE ‘V’ GUTTER: Shall be constructed per Plans or Cast-in-Place Concrete per Technical Specification Section 03300.

3.05 CLEAN UP: After completion of the Work, Contractor shall thoroughly clean out all drain lines flushing them with a full head of water, and shall remove all debris, surplus materials and trash that may result from the Work of this Section and dispose of same off site in a legal manner.

END OF SECTION
Irrigation

Page 1 ends

Section 02441
SECTION 02441

IRRIGATION SYSTEM
PART 1 - GENERAL

1.01 STANDARD SPECIFICATIONS: The provisions of the "Standard Specifications for Public Works Construction", current edition, shall apply except as modified herein.

1.02 SCOPE: The Work of this Section shall consist of furnishing all labor, materials, equipment, appliances and services necessary for the execution and completion of all Irrigation Work as shown on the Plans and as described in the Specifications including, but not necessarily limited to, the following:
• Provide complete operating irrigation systems including drip irrigation system; • Installation of new irrigation systems as necessary to provide complete operating irrigation systems for all planting areas within the Park;
• 120 volt electrical service for and connection to the controller; • Replacement of existing controller with new Weathertrac Irrigation Controller as noted on the Plans; with a flow meter and master valve as specified;
• Coordination with Work of other Sections;
• Testing;
• Clean-up; and,
• Replacements, Repairs, Guarantees and Warranty Work.

1.03 RELATED WORK:

Submittals 01300
Clear, Grub, Demolition & Salvage 02110
Grading 02210
Planting 02480
Concrete, Paving and Curbs 02515
Electrical 16530

1.04 SUBMITTALS: Submit copies of each of the following per General Conditions Section 00700, Article 9, Submittals at the pre-construction conference for the review and approval of the City prior to commencement of any Work:

A. Materials List: Contractor shall submit a complete materials list for approval by the Parks Department Representative prior to performing any Work. Catalog data and full descriptive literature must be submitted whenever the use of items different than those specified is requested. Notarized certificate must be submitted by plastic pipe and fitting manufacturer indicating that material complies with the Project Specifications, unless material has been previously approved, and used on other projects by City. Material list shall be submitted using the following format:

Item Description Manufacturer Model No.
1 Pressure Supply Line Lasco Sch. 40
2 Lawn Head Rainbird 2400
etc. etc. etc. etc.

B. "Record" Prints:

1. Record accurately on one set of blue-line prints all changes in the Work constituting departures from the Plans, including changes in pressure and non-pressure line locations.

2. The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the City Representative. Prior to final inspection of the Work, submit "record" prints to City for approval.

3. Dimension from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement, etc.). Data to be shown on "record" prints shall be recorded day-to-day as the project is being installed.

Irrigation

Page 2 ends

Section 02441

4. Show locations and depths of the following items:
a) Point of connection;
b) Routing of irrigation pressure lines (dimension maximum 100 feet along routing); c) Ball valves;
d) Irrigation remote control valves;
e) Quick coupling valves;
f) Routing of control wires; and,
g) Related equipment (as may be directed).

5. Maintain record prints on site at all times.

1.05 INSPECTIONS:

A. Inspections will be required for:

1. Pressure test of irrigation main line.

2. Coverage test.

3. Final inspection/start of maintenance.

4. Final acceptance.

B. Inspection Requests: Contractor shall notify the Park Projects Inspector in advance for requesting all inspections as follows:

1. Pressure supply line installation and testing - 36 hours (1-1/2 working days)

2. System layout - 36 hours (1-1/2 working days)

3. Coverage tests - 36 hours (1-1/2 working days)

4. Final Inspection - 48 hours (two working days)
C. Evidence of Inspection by Others: When inspections have been conducted by other than the City Inspector, Contractor shall show evidence of when and by whom these inspections were made.

D. Requirements for Inspection: No inspection is to commence without "record" prints available on the site. In the event Contractor calls for an inspection without up to date "record" prints, without completing previously noted corrections, or without preparing the system for inspection, the inspection may be cancelled and Contractor back charged for the direct costs of all City personnel time and consultant time lost, at the discretion of the City Representative.

E. Closing in Uninspected Work: Do not allow or cause any of the Work of this Section to be covered up or enclosed until it has been inspected, tested and approved by the City Representative.

F. Coverage test: When the irrigation system is completed, Contractor shall perform a coverage test in the presence of the Park Projects Inspector to determine if the water coverage for planting areas is complete and adequate. This test must be accepted by the City Inspector before planting can commence.

G. Hydrostatic test:

1. Prior to the installation of any valves, all pressure lines shall be tested under a hydrostatic pressure of 150 psi for a period of not less than two hours, with all ends of lines capped and the line fully charged with water after all air has been expelled from the line.

2. All hydrostatic tests shall be made in the presence of the City Inspector or Inspector's designated representative. No pressure line shall be backfilled until it has been inspected, tested, approved in writing, and the mainline and valve locations have been noted on the "record" prints.

3. Contractor shall furnish the necessary force pump and all other test equipment, and shall perform the test.

1.06 TURNOVER ITEMS:

A. As-built Record Drawings:

Irrigation

Page 3 ends

Section 02441
The Contractor shall maintain a complete and accurate set of as-built drawings. These drawings shall be kept up to date with the progress of the work. The Contractor will have blueprints for the purpose of recording the as-built conditions of the Work, with information as follows:

1. The location of the main line; quick coupling valves; electric control valves; controllers; sleeves; point of connection; any special capped lines for future work; locations of controller wire splice junctions, lateral lines, and miscellaneous equipment.

2. The Contractor shall indicate clearly and correctly work installed differently from that shown on the design contract drawings by dimensioning from two permanent points of reference.

B. Controller Charts:

1. "Record" prints must be approved by the City Representative before charts are prepared.

2. Provide one controller chart for each automatic controller. The chart shall show the entire area covered by the controller, preferably in a single sheet. The chart shall be a reduced copy of the approved "record" print. Reduce the print to a size that is the maximum dimensions that will fit within the controller door without folding. If the controller sequence is illegible at this reduction scale, the chart may be provided as a "multi-sheet" chart to provide adequate legibility. Provide a digital version of the controller chart formatted as a PDF file for City’s permanent records.

3. Each control station on the Chart shall be marked with a different color to show its area of coverage.

4. When completed and approved, the chart shall be hermetically sealed between two pieces of plastic, each piece being minimum 20 mils in thickness. The chart shall be installed in the controller enclosure using Velcro fasteners, and three different color grease pencils (red, black and blue) shall be provided in the enclosure for maintenance notations on the chart.

5. Controller charts shall be completed prior to the final acceptance inspection.

C. Operation and Maintenance Manuals: Within a minimum of 14 calendar days prior to acceptance of construction, prepare and deliver to the Parks Department Representative all required descriptive materials, properly prepared in two individually bound copies of the operation and maintenance manual.

The manual shall describe the material installed and shall be in sufficient detail to permit operating personnel to identify, operate, and maintain all equipment. Spare parts lists and related manufacturer's information shall be included for each equipment item installed. Each complete, bound manual shall include the following information:

1. Index sheet stating Contractor's address and telephone number, including names and addresses and telephone numbers of local manufacturer's representatives.

2. Complete operating and maintenance instructions on all major equipment.

D. Materials to be furnished: The following items shall be supplied as part of this Contract and shall be turned over to the City Inspector at the conclusion of the Project at the Final Acceptance Inspection:

1. 4% additional irrigation heads of each type and spray pattern shown;

2. Two (2) special tools/wrenches for disassembly and adjustment of each type irrigation equipment/heads installed that require such special tools/wrenches;

3. Two keys for each type of automatic controller.;

4. Two quick coupler "quills" with a 3/4" bronze hose bib, bent nose type with hand wheel and two quick coupler locking lid keys;

5. One valve box cover key;

6. "Record" prints and Mylar “As-Built Plans” at Final Acceptance; record prints to be provided in digital form, formatted both as a PDF and as a DWG file;

7. Remove and turn over backflow device valve handles; and,

8. Documentation of Water Department's inspection and acceptance of backflow device.

1.07 GUARANTEE:

A. General: The entire irrigation system, including all Work done under this Contract, shall be guaranteed against all defects and fault of material and workmanship for a period of one (1) year following Final Acceptance of the Work as documented by the Notice of Completion filed with the Riverside County Recorder's Office. All materials used shall carry a manufacturer's guarantee of one (1) year. If any problem with the irrigation system is discovered by the City within the guarantee period, it shall be corrected by Irrigation

Page 4 ends

Section 02441
Contractor at no additional expense to City within fourteen (14) calendar days of receipt of written notice from City. When the nature of the repairs as determined by the Director constitute an emergency (e.g. broken pressure line) City may proceed to make repairs at Contractor's expense. Any and all damages to existing improvement resulting either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the Parks Department Representative by Contractor, all at no additional cost to City.

B. Form of Guarantee: Guarantee shall be submitted on Contractors own letterhead as follows:

GUARANTEE FOR IRRIGATION SYSTEM
PROJECT: Hillbrook Park Renovation Project
LOCATION: 1865 Temple Avenue, Signal Hill, CA
We hereby guarantee the irrigation system we have furnished and installed against defects in materials and workmanship, ordinary wear and tear and unusual abuse, or neglect excepted, and that the Work has been completed in accordance with the Plans and Specifications. We agree to repair or replace any or all of the Work, together with any other adjacent Work which may be displaced by so doing, that may prove to be defective in its workmanship or materials within a period of one (1) year after the date the Notice of Completion for the above named Project is filed with the County Recorder by the City of Riverside, California, at no additional cost to City.

We shall make such repairs or replacements within 14 calendar days following written notification by City. When the immediate repair or replacement of the Work is necessary to ensure the public safety and welfare, which would be endangered by continued usage of the facility, such circumstance will be deemed an operational emergency. In the event of such an emergency, after City contacts our firm and after authorizing 24 hours to initiate repairs, if we fail to initiate and diligently complete such repairs in a timely manner, the Director may direct City forces to perform such functions as the Director may deem necessary to correct the Work and immediately place the facility back in operational condition. If such procedure is implemented, we shall bear all expenses incurred by City. In all cases, the judgment of the Director shall be final in determining whether an operational emergency exists. In the event of our failure to make such repairs or replacements within the time specified after receipt of written notice from City (other than an operational emergency), we authorize City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefor upon demand.

SIGNED:

ADDRESS:

PHONE:

C. Operational Instruction: After the system has been completed, Contractor shall instruct the Parks Department Representative in the operation and maintenance of the system and shall furnish a complete set of operating instructions.

D. Trench Settlement: Any settling of trenches which may occur during the one-year period following acceptance shall be repaired to City's satisfaction by Contractor without any additional expense to City.

Repairs shall include the complete restoration of all planting, paving or other improvements of any kind which are damaged as a result of the Work.

PART 2 - MATERIALS
Irrigation

Page 5 ends

Section 02441

2.01 GENERAL: All materials shall conform with Section 212 - 2 IRRIGATION SYSTEM MATERIALS of the Standard Specification except as modified herein.

2.02 PIPE AND FITTINGS:

A. Steel Pipe: Amend Standard Specifications Section 212-2.1.2 Steel Pipe to read:
"All steel pipe shall be hot-dipped galvanized,..", and add: "All fittings for steel pipe shall be 250 pound rated galvanized malleable iron, banded pattern. Pipe sizes indicated on the Plans are nominal inside diameter, unless otherwise noted."
B. Plastic Pipe: Except where specified otherwise, all PVC pipe used for irrigation purposes shall be white in color, class and sizes as specified in Part 3 herein. Plastic pipe used for domestic water purposes shall be white in color.

1. Add the following to Standard Specifications Section 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings:
"All plastic pipes shall bear the following markings: manufacturer's name, nominal pipe size, schedule or class, type of material, pressure rating in PSI, NSF seal of approval, and date of extrusion."

2. Amend Standard Specifications Section 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings to read:
"All plastic pipe fittings shall be standard weight schedule 40 and shall be injection molded of an improved PVC fitting compound. All threaded plastic fittings shall have injection molded threads. No cut threads will be accepted on PVC pipe and fittings. All tees and ells shall be manufactured in injection molds that are side-gated. All threaded nipples shall be standard weight schedule 80 with molded threads. All threaded nipples exposed above grade shall be gray in color”.

D. Drip Irrigation System: All drip irrigation emitter devices shall be as shown on the Plans.

E. PVC Cement and Primer:

1. All PVC cement and primer shall comply with ASTM D2564-91a and be NSF and IAPMO standards.

2. Lateral lines and fittings shall be cemented using a 100% active solvent, blue in color, medium bodied,fast setting.

3. Main line pipe and fittings shall be coated with a primer and then cemented with a 100% active solvent, gray in color, medium set, heavy bodied.

4. Both primer and solvent shall be similar in all respects to that manufactured by IPS Weld-On brand.

5. Obtain and follow the manufacturer's application directions.

F. SLEEVE MATERIAL:

1. Sleeves for irrigation piping and wires shall be provided crossing of all walks, asphalt drives, and any other paving locations.

2. All sleeve material shall extend 18 inches beyond edges of paving, hardscape, or construction.

Sleeve shall extend five (5) feet beyond potable water crossing. Provide pavement markings or witness stakes and wires for sleeve crossing locations.

3. Sleeving material for PVC main line piping shall be SCH 40 and sized to allow for piping with couplings to easily slide through the sleeving material. Minimum size sleeving material shall be as follows:

Pipe Size Sleeve Size (Nominal Size)
Irrigation

Page 6 ends

Section 02441
3/4" 1 1/2"
1" 2"
I 1/4" 2 1/2"
1 1/2" 3"
2" 4"

4. Sleeving material for low voltage wiring shall be PVC SCH 40 pipe, where below grade. Where above grade use PVC SCH 40 gray conduit. The maximum number of direct burial 14 gauge wires per diameter of sleeve pipe shall be as follows:

Sleeve Size No. of wires
3/4" 6
1" 12
1 1/4" 18
1 1/2" 21
2" 25
G. UNDERGROUND UTILITY MARKING TAPE:

1. Marking tape shall be Magnetic brand as manufactured by Griffolyn Company Inc, Terra Tape or Thor Enterprises, or approved equal.

2. Marking tape shall be a minimum of 3 inch wide, and length as needed to mark the entire length of main line within the project boundaries, where below grade.

3. Marking tape color codes are as follows:

Red Electrical
Blue Potable water

2.03 VALVES AND VALVE BOXES:

A. Valves:

1. Ball Valves: All ball valves shall be bronze bodied, full port, with stainless steel trim, capable of withstanding a non-shock cold water working pressure of not less than 400 psi., Nibco Model No. T585-70, or City approved equal

4. Quick-Coupling Valves: Add the following to Standard Specifications Section 212-2.2.6 Quick Coupling Valves and Assemblies: Quick coupling valves shall have locking vinyl cover, yellow in color, and shall be 1" in size.

5. Remote Control Valves: Add the following to Standard Specifications Section 212-2.2.4 Remote Control Valves:
a) Valves shall be spring-loaded, self-cleaning, packless diaphragm activated, of a normally closed type.
b) Valve solenoid shall be corrosion-proof and constructed of stainless steel molded in epoxy to form one integral unit, and shall be 24 volt A.C., 2.0 watt maximum (2" and smaller valves). c) Valve shall close against flow without chatter and with minimum closing surge pressure (minimum 5 seconds closing time per valve).
d) Valve shall be completely serviceable in the field without removing valve body from line.

B. Boxes:

1. Plastic Valve Boxes:
a) General: Valve boxes and covers shall be fabricated from a durable plastic material resistant to weather, sunlight and chemical reactions, with 10 year warranty and snap lock lids. Brand lids with valve number. The covers shall be secured with a hidden latch mechanism or bolts. The cover and box shall be capable of sustaining a load of 1,500 pounds. Valve box extensions shall be by the same manufacturer as the valve box. The box covers shall be factory embossed Irrigation

Page 7 ends

Section 02441
for the designated use and stenciled by the installer with 2" high letters in a contrasting color as noted below. Boxes and covers shall be as manufactured by Jumbo Pentek or City approved equal. Use two valve boxes; one inverted over one for the flow meter and master valve only.

The box shall be black with green lid or purple lid if reclaimed water is available. b) Rectangular Plastic Boxes and Covers: Shall be a minimum of 12" wide x 18 long", with depths as necessary to protect the valve and provide the clear dimensions as detailed and/or specified.

The covers shall be embossed with words or initials to identify the use for the box (e.g. "Flush Valve" or the letters "F.V.", and Air Relief Valve or the letters “A.R.V.”) as noted on the Plan. c) Round Plastic Boxes and Covers: Shall be minimum 12" diameter, round boxes with covers embossed with words to identify the use for the box (e.g. "Quick Coupler Valve" or the letters "Q.C.V.") and shall be marked as noted on the Plans.

2.04 BACKFLOW PREVENTION DEVICE: Add the following to Standard Specifications Section 212-2.3 Backflow Preventer Assembly: Where shown on plans, an existing device will be used.

A. New Device: The backflow prevention device shall be a reduced pressure type vacuum breaker of the size, manufacture, and model number as indicated on the Plans. If not indicated, the device shall be the same size as the water service meter, but in no case less than one line size smaller than the line into which it is being installed. The manufacturer and model number shall be among those shown on the approved list as published by the Public Utilities Department, Water Division.

2.05 IRRIGATION HEADS: All irrigation heads shall be as shown on the Plans and shall conform to Section 212-2.4 Sprinkler Equipment of the Standard Specifications.

2.06 ELECTRICAL MATERIALS:

A. Conduit: Amend Standard Specifications Section 212-3.2.1 Conduit to read: All conduit below grade shall be schedule 40 PVC of sufficient size to carry all proposed wiring. Conduit above grade shall be galvanized steel per the Standard Specifications. Low Voltage (24 volt) wiring shall be provided with a separate conduit/sleeve from both high voltage wiring (110/120 volt and higher) and the irrigation mainline sleeve.

B. Electrical Service: Materials for electrical service shall comply with the standard specifications, governing utility agency standards, and requirements of all applicable codes.

C. Wire: Add the following to Standard Specifications Section 212-3.2.2 Conductors:

1. Control Wire: All low voltage conductors used as control wires shall be 14 gage and shall be of one color other than white or green. A different color control wire shall be used for each controller installed.

2. Common Wire: All low voltage conductors used as common wires shall be12 gage, and shall be white with a colored stripe. Stripe color shall match the color of the “control” wire insulation used for valves on the same controller, and shall be different for each controller installed.

3. Communication Cable: All cable used for communication between satellite controllers shall be Model Number P7162D-A1, armored, twisted wire pair, shielded, direct burial communication cable (armored cable) as manufactured by Paige Electrical Corporation; P.O. Box 368 Union, New Jersey 07083, telephone: 201/687-7810. All splices shall be made using materials and methods as approved by Paige Electrical Corporation, and shall occur within a splice box to provide for maintenance access. Boxes used for cable splices shall be the same as those specified for Valve Boxes, but lids shall be marked “communication cable”.

Irrigation

Page 8 ends

Section 02441

2.07 CONTROLLER: Add the following to Standard Specifications Section 212-3.3 Controller Unit:

A. Controller: Shall be Weathertrac, model ET PRO 3, with expansion modules as needed, with a heavy duty stainless steel top entry enclosure with locking hinged cover.

B. Enclosure if required: Shall be Strong Box Model heavy duty stainless steel enclosure, as manufactured by V.I.T. Products, Inc., 800/729-1314, or City approved equal, sized to fit the controller, vandal resistant, heavy duty watertight case with a locking hinged cover appropriate style for mounting of the controller as specified on the Plans.

PART 3 - EXECUTION

3.01 GENERAL: All Work shall conform to Section 308 LANDSCAPE AND IRRIGATION INSTALLATION of the Standard Specifications except as modified herein. No Work of this Section other than sleeving under pavement shall commence prior to the completion and acceptance of all Grading Work as specified in Section 02210 Grading.

Add the following to Standard Specifications Section 308-5.1 General:

A. Irrigation System Design & Water Supply:

1. The irrigation system design is based upon an available static water pressure of 30-42 PSI, boosted to 100 PSI, and a maximum flow rate of 110 GPM. The system is designed to withstand a maximum pressure of 200 PSI. Contractor shall verify the size of the existing water supply, water meter and the existing operating water pressure at the water supply location shown on the Plans prior to starting construction. Contractor shall notify the Park Projects Inspector in writing of any discrepancies noted.

Failure to provide such written notification may cause Contractor to provide for modifications to the irrigation system as necessary to provide for a fully operational system providing 100% coverage at the operating pressure available, all at no additional cost to City.

2. Connection to, or the installation of, the water supply shall be at the location shown on the Plans.

Minor changes caused by actual site conditions shall be made at no additional cost to City.

B. Electrical Service: Contractor shall provide electrical service as necessary and make 120 V connection to the irrigation controller.

C. Code Requirements: Prior to all Work of this Section, Contractor shall carefully inspect the installed Work of all other trades and verify that all such Work is complete to the point where this installation may properly commence. Verify that the irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations.

In the event any equipment or methods indicated on the Plans or in the Specifications is in conflict with local codes, immediately notify the Park Projects Inspector prior to installing the Work. If this notification is not provided, Contractor shall assume full responsibility for the cost of all revisions necessary to comply with all codes.

D. Grades: Before starting Work of this Section, Contractor shall obtain the written acceptance of the Park Projects Inspector of the fine grades, and written authorization for the Work of this Section to proceed.

Contractor is to keep within the specified material depths with respect to finish grade. Failure to obtain such written acceptance may subject Contractor to adjusting the grades or depth of lines in order to achieve acceptable depths of cover, all as directed by the Park Projects Inspector and at no additional cost to City.

E. Coordination with Work of Other Trades: Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. Contractor shall coordinate the installation of all irrigation materials with all other Work. Special attention shall be given to coordination of piping locations versus tree and shrub locations and sleeve locations versus pavement installation to avoid conflicts.

Irrigation

Page 9 ends

Section 02441
F. Maintain Record Prints: Contractor shall maintain "record" prints on site at all times. Upon completion of the Work, transfer all "record" information from the record prints to either sepia Mylar or photo Mylar prints for turn-over to the City as the irrigation ”As-Built” Plans. The changes and dimensions shall be recorded in a legible and workmanlike manner, to the satisfaction of the Park Projects Inspector.

3.02 TRENCHING AND BACKFILLING:

A. Trenching:

1. Add the following to Standard Specifications Section 308-2.2 Trench Excavation and Backfill: Dig trenches and support pipe continuously on bottom of ditch. Where lines occur under paved areas, depth dimensions shall be considered below sub-grade.

2. Amend Standard Specifications Section 308-2.2, Subparagraph 2 Waterlines continuously pressurized) to read: Water lines continuously pressurized - minimum 18 inches, maximum 24 inches. (These measurements are to be from sub-grade elevation for piping under pavement.)

3. Amend Standard Specifications Section 308-2.2, Subparagraph 3 Lateral sprinkler lines) to read:

Lateral irrigation lines - minimum 12 inches and maximum 16 inches.

4. Add the following to Standard Specifications Section 308-2.2 Trench Excavation and Backfill:

Where it is necessary to excavate adjacent to existing trees, Contractor shall avoid injury to trees and tree roots. Excavation in areas where 2-inch and larger roots occur shall be done by hand. All roots 2 inches and larger in diameter shall be tunneled under and shall be heavily wrapped with wet burlap to prevent scarring or drying. Where trenching machine is run close to trees having roots smaller than 2 inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making a clean cut through the roots. Roots 1 inch and larger in diameter shall be painted with two coats of tree seal or approved equal. Trenches adjacent to trees shall be closed within 24 hours.

5. Permanent Resurfacing: Add the following to Standard Specifications Section 308-5.1 General: All surface improvements damaged or removed as a result of Contractor's operations shall be reconstructed by Contractor to the same dimensions, except for pavement thickness, and with the same type materials used in the original Work. Trench resurfacing shall be 1 inch greater in thickness than existing pavement. Concrete pavement shall be removed and replaced in "full panels" with no horizontal dimension less than five (5) feet. Contractor shall review the planned limits and lines of concrete removal and replacement with the Park Projects Inspector prior to saw-cutting for Removal Work.

B. Backfill:

1. Amend Standard Specifications Section 308-2.2 Trench Excavation and Backfill to read: "Backfill shall be uniformly tamped in 4-inch layers under and around the pipe for the full width of the trench and the full length of the pipe. Materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be compacted to dry density equal to adjacent undisturbed soil and shall conform to adjacent grades."

2. Add the following to Standard Specifications Section 308-2.2 Trench Excavation and Backfill:
a) Flooding in lieu of tamping is not allowed without specific prior written approval of the Soils Engineer and the Park Projects Inspector.
b) Under no circumstances shall the wheels of any vehicle not designed for the purpose of soils compaction be used to compact backfill.

3.03 PIPE INSTALLATION:

A. General: Add the following to Standard Specifications Section 308-5.2.1 Irrigation Pipeline Installation, General:

1. Piping under existing pavement may be installed by jacking, boring, or hydraulic driving. However, no hydraulic driving is permitted under asphaltic concrete pavement.

Irrigation

Page 10 ends

Section 02441

2. Cutting or breaking of existing pavement is not permitted except as approved by Park Projects Inspector or where called for on the plans. Whenever pavement is cut or broken all necessary repairs and replacements will be made at no additional cost to City.

3. Carefully inspect all pipe and fittings before installation, removing all dirt, scale and burrs and reaming; install pipe with all markings up for visual inspection and verification.

4. Contractor shall install concrete thrust blocking per the pipe manufacturer's recommendations at all changes of direction and terminal points of pressure pipe.

5. Parallel lines shall not be installed directly over one another. Provide a minimum of 12" horizontal separation for all parallel lines.

6. For plastic-to-metal connections, work the metal connections first. Use a non-hardening pipe dope on all threaded plastic-to-metal connections, except where noted otherwise.

7. All piping under pavement shall be sleeved using schedule 40 PVC sleeves. Each line shall be separately sleeved.

8. Do not install multiple assemblies (i.e. "manifolds") on plastic lines. Provide each equipment assembly (e.g. RCV, quick coupler, ball valve, head, backflow device) with its own connection to its service line.

B. Plastic Pipe: Add the following to Standard Specifications Section 308-5.2.3 Plastic Pipeline:

1. Exercise care in handling, loading, unloading and storing plastic pipe and fittings, store plastic pipe and fittings under cover until ready to install; transport plastic pipe on a vehicle with a bed long enough to allow pipe to lay flat, avoid undue bending and any concentrated external load.

2. 360 Degree applicators shall be used to apply primer and solvent on pipe sizes 2-1/2 inches and larger.

3. Pressure supply lines 2 inches in diameter and up to 8 inches in diameter shall be either Class 315 solvent weld PVC or Class 200 rubber gasket type PVC. Solvent weld and ring type pipe shall not be used together on the same pressure supply line.

4. Pressure supply lines 1-1/2 inches in diameter and smaller shall be schedule 40 PVC.

5. Non-pressure lines shall be schedule 40 PVC..

3.04 BACKFLOW INSTALLATION: Add the following to Standard Specifications Section 308-5.3 Installation of Valves, Valve Boxes, and Special Equipment: Install backflow assemblies at locations approved in the field by the City Inspector and at heights required by local codes. Provide lockable enclosure or anti-theft devices as necessary to prevent theft of device.

3.05 VALVE AND VALVE BOX INSTALLATION:

A. Valves:

1. Amend Standard Specifications Section 308-5.3 Installation of Valves, Valve Boxes, and Special Equipment to read: Valves shall be the same size as the pipeline in which valves are installed unless otherwise specified on the Plans. Valves shall be installed a minimum of three feet in horizontal distance apart, each with its own connection to the pressure main line. All isolation and shut off valves less than 2-1/2” in size hall be ball valves as specified. All isolation and shut off valves 2-1/2” and larger shall be gate valves as specified with square operating nuts.

2. Amend Standard Specifications Section 308-5.3 Installation of Valves, Valve Boxes, and Special Equipment to read: Install quick couplers and valve boxes per the Park and Recreation Department's standard details.

3. Add the following to Standard Specifications Section 308-5.3 Installation of Valves, Valve Boxes, and Special Equipment: Valves shall be installed in shrub areas whenever possible. No valves or valve boxes other than quick coupler valves shall be installed within a designated athletic playing field.

B. Valve Boxes:

1. General: Valve boxes shall be installed with a minimum of 12" clearance between boxes and a minimum clearance of 2” between the box and all pipelines and valve components and/or special equipment within the box. Valve boxes found to be resting on valves, special equipment or pipelines shall be cause for rejection of the installation.

Irrigation

Page 11 ends

Section 02441

2. Box Types by Use:
a) Rectangular: Unless noted otherwise on the Plans, each master control valve, remote control valve, isolation valve, drip irrigation valve, and each air relief valve shall be installed within a rectangular plastic valve box.
b) Round: Unless noted otherwise on the Plans, each quick coupler valve shall be installed within a round plastic valve box.

3.06 IRRIGATION HEAD INSTALLATION: Amend Standard Specifications Section 308-5.4.1 Sprinkler Head Installation and Adjustment, General to read: Irrigation heads shall be installed as designated on the Plans and per the Park and Recreation Department's standard details. Upon coverage testing of the system if 100% coverage is not afforded by the system as designed, additional heads shall be added as necessary to achieve 100% coverage. Up to 5% of the total number of heads in the system are to be added at no additional cost to City. If a greater number of heads is needed, cost shall be as negotiated by change order.

3.07 CONTROLLER INSTALLATION: Add the following to Standard Specifications Section 308-5.5 Automatic Control System Installation:

A. Controller Installation: The controller location, as shown on the Plans, is diagrammatic. The final location of the controller(s) shall be as approved by the Park Projects Inspector before installation. If replacement of existing controller(s) is a part of the project, Contractor shall remove the existing controller(s) and replace with the replacement unit as specified. Contractor shall install all conduit runs, 120V wire and cable, and 24V control wire, phone line or Ethernet service, and controller communication cables as necessary for a complete and operational system.

B. Controller Enclosure:
(1) Conventional Type: The controller shall be wall mounted within a stainless steel Strong Box vandal resistant enclosure, unless noted otherwise on the Plans. Controller enclosure shall be located in shrub areas and/or adjacent to other hardscape items. Enclosure shall have its service address painted (two coats of paint, color as approved; submit samples) on the door. A 4" thick concrete slab for maintenance access shall be provided, size approximately 15 sq. ft., line, grade and dimensions as directed by the Park Projects Inspector.

B. Coordination of Controller Location with Various Service Connections: Contractor shall coordinate and the electrical service with the approved controller location. Contractor shall verify the locations of 120V power, and sensor cable lead-ins prior to installing controller(s) and shall coordinate final assembly mounting locations with the needed utilities. Contractor shall furnish and install grounding rods and ground wires for each controller. Ground rods shall be installed a minimum of eight feet from their respective controller housing and the ground wire run back to the controller.

C. Controller Connections: Contractor shall inspect, test, and certify all low voltage control wire, communication cables, splices and ground rod installations as applicable. Any repairs as necessary to provide properly operating wiring are to be made by Contractor at no additional cost to City. After repairs are satisfactorily completed, Contractor shall connect the ground wires to the ground rods and the controller(s)..

D. Controller Programming: Following establishment of the turf, the irrigation system shall be programmed to operate during the periods of minimal use of the Project area (i.e., 11:00 p.m. through 6:00 a.m.).

3.08 WIRING: Wiring: Add the following to Standard Specifications Section 308-5.5 Automatic Control System Installation:

A. All splice connections shall occur in a valve box. All wire runs between the valve and the controller shall be a continuous run with no splices unless noted otherwise on the Plans.

Irrigation

Page 12 ends

Section 02441
B. All low voltage wiring splices shall be made-up as soldered connections, wrapped with a minimum of two (2) layers of electrical tape and sealed with Scotch-coat. Scotch-lok, Uni-pack, Penn-tite, or other similar type connectors are not acceptable.

3.09 FINISHING AND TESTING: Amend Standard Specifications Section 308-5.6.2 Pipeline Pressure Test to read:

Pressure test the mains - minimum 2 hours at 150 PSI. Add the following to Standard Specifications Section 308-5.6.2 Pipeline Pressure Test: Center-load all plastic pipe prior to pressure testing. The entire system shall be operating properly before any planting operations commence.

3.10 COMPLETION CLEANING: Add the following to Standard Specifications Section 308 LANDSCAPE AND IRRIGATION INSTALLATION: Upon completion of the Work, Contractor shall smooth all ground surfaces, remove excess materials, rubbish, debris, etc., sweep adjacent streets, curbs, gutters, walkways and trails, and remove construction equipment from the premises.

END OF SECTION
BJ/02441.MAS
12/07/07
SECTION 02452

Page 1 ends

SIGNAGE
SECTION 02452

SIGNAGE
PART 1 - GENERAL

1.01 RELATED DOCUMENTS:

A. Standard Specifications: The provisions of the Standard Specifications shall apply except as modified herein.

1.02 SCOPE: The Work of this Section shall consist of furnishing all labor, materials, equipment, appliances and services necessary for the execution and completion of all site Signage Work as shown on the Plans and as described in the Specifications including, but not necessarily limited to, the following:
• Construction Signs (Temporary);
Construction Worksite Access; and,
Project Signs;
• Site Signs, including but not necessarily limited to the following:

Monument signs
Information Kiosk
Handicapped Parking Stall Signs;
- “Symbol”, sign #R99; and,
- “Special Placard or License Plate Required”, sign #R100; • Coordination with Related Work of other Sections;
• Clean-up; and,
• Replacements, Repairs, Guarantees and Warranty Work.

1.03 RELATED WORK:

Submittals Section 00700, General Conditions, Article 9

1.04 GUARANTEE: All signage shall be guaranteed for a minimum period of one (1) year against all pealing, fading, chipping and deterioration of any kind.

1.05 SUBMITTALS: Shall be prepared and submitted in accordance with General Conditions Section 00700, Article 9, Submittals, and shall consist of the following:

A. Materials Lists/Manufacturer's Product Information: Contractor shall submit a complete list of materials along with the manufacturer's catalog cuts for all materials proposed for use in the Work at the preconstruction conference. Contractor shall also provide the Manufacturer's complete installation drawings including specifications and a replacement parts lists for all equipment proposed for the Project.

Submit all Manufacturer's product information for each item specified for use in the Work.

B. Proposed Substitutions: Submittals for Proposed Substitutions shall conform to General Conditions, Section 00700, Article 7, Substitutions. Products proposed for substitution as "equals" to the products specified are subject to the approval of the Parks Department Representative. If at the time proposed equals are delivered to the site and/or incorporated into the Work it is determined by the City Representative that the substitute products are not equal to the products specified, the unacceptable substitute products shall be removed and products as specified shall be provided and installed by Contractor at no additional cost to City.

C. Shop Drawings: Contractor shall prepare and submit Shop Drawings for all signage of this section which shows complete details for all signs being fabricated. Shop Drawings shall show all methods of attachment, materials, letter styles, and height, finishes, colors, dimensions and locations for signs, and shall be prepared in accordance with Standard Specifications and General Conditions, Article 8, Shop Drawings.

SECTION 02452

Page 2 ends

SIGNAGE

1.06 DELIVERY, STORAGE AND HANDLING: Contractor shall assume all responsibility for storage of all signage materials for the Project. City assumes no liability for losses or damages from any cause as a result of Contractor's storage of materials on site.

PART 2 - MATERIALS

2.01 GENERAL: Products used in the Work of this Section shall be produced by manufacturers regularly engaged in the manufacture of similar items with a history of successful production acceptable to the Park and Recreation Department.

2.02 CONSTRUCTION SIGNS (TEMPORARY):

A. Construction Worksite Access: Contractor shall provide signage indicating “Construction Area - No Unauthorized Entry” and “No Trespassing” for mounting on the construction fence gate and fence lines respectively.

B. Project Sign: Shall be provided to identify the project, the City and Representatives, the Landscape Architect, and Contractor. It shall be constructed of 4’ x 8’ exterior plywood with white background and mounted on 4” x 4” posts in location approved by City, Submit sign layout to City for approval.

2.03 SITE SIGNAGE: All site signage to be post mounted shall be furnished with 4 x 4 clear heart redwood posts of lengths as indicated on plans.

A. Parking Lot Signs: Shall be fabricated from anodized aluminum blanks, minimum 0.063 inch thick, covered with engineer grade 3-M scotch-lite face, with contrasting color letters and/or graphics, or approved equal.

1. Handicapped Parking Stall Signs:
a) “Symbol”, sign #R99; shall consist of the white international symbol of accessibility on a blue background, The blue shall be Color No. 15090 in Federal Standard 595B. The “van accessible” parking space shall have an additional sign stating “Van-Accessible” mounted below the symbol of accessibility.
b) “Special Placard or License Plate Required”, sign #R100; shall be fabricated with a white background and black text.

B. Monument Sign: Shall be fabricated as detailed on plans. Color as selected.

C. Information Kiosk: Shall be a Trail Series Type TMB & TTM as shown on plans and as manufactured by ICON Shelter Systems, Inc, (616) 396-0919, or approved equal. Color as selected.

PART 3 - EXECUTION

3.01 GENERAL:

A. Qualifications of Installers: Use adequate numbers of skilled workers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the Work of this Section.

B. Coordination: Signs to be installed shall be coordinated with the various bid schedules awarded. All dimensions and conditions shall be field verified prior to any signs being fabricated. Contractor shall size foundations for sign posts per CalTrans standards.

3.02 CONSTRUCTION SIGNS (TEMPORARY):

SECTION 02452

Page 3 ends

SIGNAGE
A. Construction Worksite Access:

1. Construction Area - No Unauthorized Entry: Signs shall be affixed to the construction fence at all entry gates into the construction work area.

2. No Trespassing: Signs shall be affixed to the temporary construction fence.

B. Project Identification Sign: Shall be installed at a location approved by the City.

3.03 SITE SIGNAGE: All site signage to be posted mounted shall be installed on 4 x 4 redwood posts with concrete foundations as indicated.

A. Parking Lot Signs:

1. Handicap Parking Stall Signs: Shall be mechanically fastened to 4 x 4 x 10 foot redwood post.

Provide one sign at each handicapped parking stall.

3.04 MONUMENTSIGNAGE: Monument sign shall be constructed as detailed on plans. Submit shop drawings of sign and sign face for review and approval by City representative.

3.05 INFORMATION KIOSK: information Kiosk shall be fabricated as detailed per manufacturer. Submit shop drawings of sign construction and concrete footing requirements for review and approval by City representative.

3.06 COMPLETION CLEANING: Upon completion of the Work of this Section, Contractor shall clean all Signs installed removing all soil, concrete latence, stains, grease, dirt, etc., and shall polish all signs faces and other such surfaces that require such maintenance. Contractor shall remove all excess materials, rubbish, debris, etc., and remove construction equipment from the premises.

3.07 CLEAN-UP: Throughout the duration of the Project, Contractor shall provide trash receptacles for collecting debris, shall remove debris, trash and unused materials, and excess soil from the job site at regular intervals of not less than weekly and shall dispose of same off site in a legal manner.

END OF SECTION
SECTION 02461

Page 1 ends

Signal Hill City CouncilFebruary 27, 2024

Signal Hill City Council
February 27, 2024