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Home My WebLink AboutPiperin Corporation; 2013-10-18; PWM14-14-UTILPWM14-14UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT EL FUERTE LIFT STATION FORCE MAIN AVA VAULT CONT. NO. 3840-1 ($45,000 or Less) This agreement is made on the day of Qofofoer^ 2013, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Piperin Corporation, a California corporation, whose principal place of business is 1472 Golden Sunset Drive San Marcos CA 92078 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Mark Biskup (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at Contractor's discretion. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. EL FUERTE LIFT STATION FORCE MAIN Page 1 of 7 City Attorney Approved 2/7/13 AVA VAULT - CONT. NO. 3840-1 PWM14-14UTIL Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subc^rff^tor fromja^rticipating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance W of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start withinJO working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 25 working days after receipt of Notice to Proceed. EL FUERTE LIFT STATION FORCE MAIN Page 2 of 7 City Attomey Approved 2/7/13 AVA VAULT - CONT. NO. 3840-1 PWM14-14UTIL CONTRACTOR'S INFORMATION. PIPERIN CORPORATION (name of Contractor) 964028 (Contractor's license number) A, B-8/31/2015 (license class, and exp. date) 1472 GOLDEN SUNSET DRIVE (street address) SAN MARCOS, CA 92078 (city/state/zip) 760 510 6747 (telephone no.) 760 510 6827 (fax no.) (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR PIPERIN CORPORATION, a California corporation By: CITY OF CARLSBAD, a municipal corporation of the State of California. (sigriheie) (print name/title) By: Assistant CityManagor, Deputy Ci Department Director as authorized by the City Manager: ^ ATTEST: ty MQna^Vjp-;;;-;,-.^^^-; jzOi^^^^"^^^ (sign here) BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. if_a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. B^^VVER^ityV^ttorney BY: Assistant City Afftprney EL FUERTE LIFT STATION FORCE MAIN Page 3 of 7 AVA VAULT - CONT. NO. 3840-1 City Attorney Approved 2/7/13 Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTWEUT OF COf^lSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 964028 DISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms ofthe arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding Workers' Compensation 964028 Extract Date 9/27/2013 PIPERIN CORPORATION Business Phone Number: (760) 510-6747 P O BOX 907 SAN MARCOS, CA 92079 Corporation 08/02/2011 08/31/2015 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with SURETEC INDEMNITY COMPANY. Bond Number: 5118537 Bond Amount: $12,500 Effective Date: 07/11/2013 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BARRY CRAIG WILLIAM certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 08/02/2011 WORKERS' COMPENSATION https://wwvv2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNuni=96... 9/27/2013 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND *w Policy Number: 9062798 Effective Date: 07/01/2013 Expire Date: 07/01/2014 Workers' Compensation History Personnel List Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=96... 9/27/2013 PlPgRlN ^ qeneral contractors December 14, 2011 Meeting ofthe Board of Directors of Piperin Corporation A meeting of the Board of Directors of Piperin Corporation was held on November 14, 2011, during which a resolution was passed authorizing the following individual to by his signature enter into any and all contracts on behalf of the corporation and, thereby, bind the corporation to such contract: Craig Barry, President Authorized Signature: Certified by apd Corporate Seal affixed hereto by Secretary PG Box 9Q7 San Marcos California 92079 phone: 760.51 0.6747 fax; 760.510.6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^T^ KJ /B C r> On nr-Tv^ix./? ^ gpj^ before me, f^^/^0H OOhhi^M^mnjNPr^^^ t^V^^iC . Vf jitnftk.—*^—(Here insert name and title df the officer) ^ personally appeared (^A A S /^^AV ' who proved to me on the basis of satisfactory evidence to be the person^hose name(^^subscribed to the within instrument and acknowledged to me thaKB^she/fey executed the same in<EMiei-/feeir authorized capacity(i0s), and that by<EJ)1i^^&eir signature^s^^en the instrument the person(8)ror the entity upon behait ot which the person(s>^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. _ _i ••«r--ii j OFFICIAL SEAl^__ | WITNESS my hand and official seal. (Notary Seal) Signature of Notary Public KAREN ROCHAMBEAU NOTARY PUBLIC-CALIFORNIAS COMM. NO. 1906441 -SAN DIEGO COUNTY " MY COMM. EXP. OCT. 2,2014 i ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partiier(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properlv completed and attached to that document. The only exception is if a docum^ent is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity ofthe signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer<s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission foUowed by a comma and dien your title (notary public). • Print the name(s) of document signer(3) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hsishd^sfr- is ) or circling the correct forms. FaUure to correctly mdicate tfus information may lead to rejection of document recording. • The notarv seal impression must be clear and photographicaUy reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • hidicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document PWM14-14UTIL EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract AiONE Total % Subcontracted: EL FUERTE LIFT STATION FORCE MAIN Page 4 of 7 AVA VAULT - CONT. NO. 3840-1 City Attorney Approved 2/7/13 PWM14-14UTIL EXHIBIT B JOB QUOTATION ITEM NO. DESCRIPTION PRICE 1 LS 1 Traffic Control as required in contract plans and general provisions. See General Provisions Section 9-4, Bid Items. $5,000 2 LS 1 Construction of AVA vault and installation of AVA assembly per plans and specifications. See General Provisions Section 9-4, Bid Items. $22,900 TOTAL* $27,900 includes taxes, fee's, expenses and all other costs. EL FUERTE LIFT STATION FORCE MAIN Page 5 of 7 AVA VAULT - CONT. NO. 3840-1 City Attorney Approved 2/7/13 BOND NUMBER: 54-196412 BOND PREMIUM: $837.00 WHICH IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT PWM14-14UTIL BOND EXECUTED IN DUPLICATE rvviviit EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Piperin Corporation (hereinafter designated as the "Principal"), a Contract for: El Fuerte Lift Station Force Main AVA Vault CONTRACT NO. 3840-1 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and ail of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, PIPERIN CORPORATION, as Principal, (hereinafter designated as the "Contractor"), and Financial Pacific Insurance Companv as Surety, are held firmly bound unto the City of Carisbad in the sum of Twenty Seven Thousand Nine Hundred Dollars ($27,900), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carisbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. EL FUERTE LIFT STATION FORCE MAIN Page 6 of 7 City Attorney Approved 2/7/13 AVA VAULT - CONT. NO. 3840-1 PWM14-14UTIL In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this. of QCT-QR^a. . 20}^ CONTRACTOR: Piperin Corporatic day By: (sign here) (print name here) Executed by SURETY this. of OCTOBER 1ST day . 20 13 SURETY: (title and organization of signatory) Financial Pacific Insurance Company (name of Surety) 3880 Atherton Road, Rocklin, CA 95765 (address of Surety) 800-371-8067 (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CEUA A. BREWER City Attorpey By: EL FUERTE LIFT STATION FORCE MAIN Page 7 of 7 AVA VAULT - CONT. NO. 3840-1 City Attomey Approved 2/7/13 CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE On OCTOBER 1,2013 Date } before me, JENNIFER C. ANAYA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared YUNG T. MULLICK IMamG(s) of Signer(s) ^^^^^ JENNIFER C. ANAYA COMM. #1974158 2 NOTARY PUBLIC^AUFORNIA 52 ORANGE COUNTY MY COMM. EXP. MAY 2,2016 ^ who proved to me on the basis of satisfactory evidence to be the person^S^ whose name^ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hls/B6i^?lWSK authorized capacity(ies), and that by his/t(M>(|>be«r signature^ on the instrument the person^ or the entity upon behalf of which the person^ acted, executed the instrument. Place Notary Seal Above I certify under PENALTY the State of California th and correct. Witness my hand ai Signature PERJURY under the laws of le foregoing paragraph is true 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Ciaim^j by Signer(s) Signer's Name: [~~l Individual n Corporate Officer — Title(s): r~l Partner—["1 Limited I iGenera! I I Attorney in Fact n Trustee r~i Guardian or Conservator • other: Signer Is Representing:, RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: n Individual • Corporate Officer — Title(s): r~l Partner — Limited dlGeneral I I Attorney in Fact IZl Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does Hereby make/constitute and appoint: JAMES W. MOlLANE, OR YUNG T. MULLICK BOTH INDIVIDUALLY of MISSION VIEJO, CA its true and lav\rful Attorneys-in-Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: All bonds not to exceed $2,000,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance Company at the meeting duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required) by one or more attorneys-in-fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; any such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 1^' day of January, 2012. = o J986 : S = Dennis J. Richmann, Vice President David A. Lange, Assistant Secretary STATE OF IOWA, COUNTY OF LINN On 1st day of January, 2012; before me personally came Dennis J. Richmann and David A. Lange who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument. Judith A. Davis Iowa Notarial Seal Commission number 173041 lUlv Commission Expires 04/23/2015 -»the instnjm Judith A. Davis, Notary Public CERTIFICATE 1 certify under the Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Signed and sealed, this 1st day of October ,20 13 ^.a^.^/^^*^>^ Financial Pacific \ David A LangerAssistant Secretary Insurance Cbmpanj' seal must be affixed BPOA0043 1011 r CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of <:AJJ J ^(k b On Vscymar^i^ <^ before me. HAAl^f^ RPUiArA^^^U hWimy fO^CjC^ , ^ ^WCW/^/f •^^#<rV/J> —« {Here insert nine and title ofthe officer) personally appeared _ who proved to me on the basis of satisfactory evidence to be the person(«rwhose name^GParc-snbscribed to the within instrument and acknowledged to me that<9j^she/feey executed the same incE^/het/feeu: authorized capacityCies); and that by^/het^ir signature(s^ the instrument the person^s)^ or the entity upon behait ot which the person(s)^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. ,, , i. WITNESS my hand and official seal. 1 ^ vj^ A^^A J OA^ (NotaiySeal) ^ Signature of Notary Public KAREN ROCHAMBEAU „ INOTARV PUBLIC-CALIFORNlAg ' COMM.'MO. 1906441 -SAN DIEGO COUNTY • MY COMM. EXP. OCT. 2.2014 I ADDITIONAL OPTIONAL INrORiVL^TION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additionai information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properlv completed and attached to that document. The only exception is if a docum^t is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notarv to do something that is illegal for a notary in Califomia (Ie. certifying the authorized capacity of the signer). Please check the document carefiilly for proper notarial wording and attach this form if required • State and County infonnation must be the State and County where the document signer(s) pereonaily appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears widiin his or her commission followed by a comma and then your title (notary pubhc). • Print the name(s) of document signer(s) who personally appear at die time of notarization. • hidicate die correct singular or plural forms by crossing off incorrect forms (i.e. toshe/thgy, is afe ) or circling the correct forms. Failure to correctly mdicate this information mav lead to rejection of document recording. . The notarv seal impression must be clear and photographically reproducible, hnpression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a differait document. • hidicate title or type of attached document, number of pages and date. • hidicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ^^^^ ELEVATION 255.9' 4" MIN. WORK TO BE DONE: CONSTRUCT MANHOLE PER OTY STAWARD DWG S-1 INCLUDING MODinCATIONS SHOWN IN THIS DRAWING, OVER EXISTING 10" DIA HOPE SEWER FORCE MAIN MODIFIED TO FUT TOP AS SHOWN. LOCATION SHALL BE AT EXISTING AVA CONNECTION POINT, FARADAY AVE. STA. 38+57.8 PER CITY DWG NO. 415-9F, SHEET 11, REINSTALL AVA IN NEW MANHOLE AS DIRECTED BELOW ALL WORK SHALL BE DOT^ COMPLYING WITH CITY OF CARLSBAD ENGINEERING STANDARDS CURRENT EDITION PRIOR TO ANY HOPE FIELD CONNECTIONS CONTRACTOR SHALL SUBMIT CONNECTION DETAIL TO CITY ENGINEER AND ACQUIRE APPROVAL RELOCATION OF AVA: __ CUT HOPE BELOW 90 DEO BEND. UJ REMOVE EXISTING 2" GATE VALVE FOR RELOCATION. REMOVE 2" HOPE SECTION AS NECESSARY TO CONSTRUCT NEW MANHOLE. PLUG BOTH ENDS OF REMAINING ABANDONED 2' HOPE. POUR BASE AGAINST 6" OF (94") CRUSHED ROCK BASE EXT 10" DIA DR11 s in INSTALL TRANSTION nTTING W/ 316 SS THREADS AT END OF 2" DIA. HOPE & RELOCATE 2" PVC BAU VALVE INTO VERTICAL POSITIW AS SHOWN. APPROPRIATE FITTING WILL BE DETERMINED IN THE HELD THROUGH CONSENT OF CITY ENGINEER. mSTAU. SS SUPPORT BRACKET ANCHORED TO WAU. PER DETAIL ON SHEET 2. mSTALL NEW 2" SS COMBINATION AIR VALVE. A.R,L D-020 PROVIDED BY CITY, SUMP BELOW 10" HOPE, PROVIDE MINIMUM OF y CLEARANCE BETWEEN BOTTOM OF PIPE AND INVERT OF SUMP. PROVIDE 2X SLOPE TO ACCESS AREA OF SUMP FOR VACIOR HOSE. LOCKSTOP MASTIC WATER STOP BY GRKNSTREAK NOT TO SCALE TV' GATE CAN A^Y 54" AVA BEHIN&~*lT CURB SEE DWG 415-9F SHT 11 3C s O JS'Sr'" EXISTING. HOPE TEE IN FORCE MAIN CONFIGURATION PACE 1 Of 2 REV. APPROVED DATE CITY OF CARLSBAD SEWER MANHOLE FOR AIR VENT ASSEMBLY QTY ENGINEER DATE SEWER MANHOLE FOR AIR VENT ASSEMBLY SUPPLEMENT TO CITY DWY415-9H: SHT 11 SEWER MANHOLE FOR AIR VENT ASSEMBLY SUPPLEMENT TO CITY DWY415-9H: SHT 11 1- •J3b.^a'awE:-."t:-ji«.fe'j« SE^ DATA RUIIUS LENSIH ROMKS •WW' Bi;« 03b9O^- tmtCH asme umms m nr /aBnmnceMsmuam - - j — - : ^3;^.^ I fcrnror cABLSBAD(ri'iiyl // Il EawMmK t^mrmiT f ^W'T - - j — -~. p. ^— mmmtmiumim cjMjsau) ms mm m^'^iS REMSON OESCW>TiaN p. ^— m^'^iS REMSON OESCW>TiaN p. ^— IfvS U !^JI c;: 97-13 II ^/5-flr| .1 GENERAL PROVISIONS FOR EL FUERTE LIFT STATION AVA VAULT CONTRACT NO. 3840-9 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives ofthe Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import ofthe Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 8/10/10 Contract No. 3840-9 Page 1 of 55 0^ 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City IVIanager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction IVIanager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentafion submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Revised 8/10/10 Contract No. 3840-9 Page 2 of 55 W Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal enfity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connecfion sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Revised 8/10/10 Contract No. 3840-9 Page 3 of 55 Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes. State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Revised 8/10/10 Contract No. 3840-9 Page 4 of 55 standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. Revised 8/10/10 Contract No. 3840-9 Page 5 of 55 All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. ^^^^ 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CP Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-llned CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge Revised 8/10/10 Contract No. 3840-9 Page 6 of 55 GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL.. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of fiow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil RA/V Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction Revised 8/10/10 Contract No. 3840-9 Page 7 of 55 ST HWY State highway STA Station STD Standard STR Straight STR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top effecting TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section Revised 8/10/10 Contract No. 3840-9 Page 8 of 55 %^ 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AVWVA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey ^-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 8/10/10 Contract No. 3840-9 Page 9 of 55 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (nm) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1 6093 kilometer (km) 1 square foot (ft^)^. 0.0929 square meter (m ) 1 square yardiyd^) 0.8361 square meter (m ) 1 cubic foot (ft ) 0.0283 cubic meter (mp 1 cubic yard (yd^) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm Is) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 X °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonlv Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes , kilo (k) 10-; centi (c) 10 milli (m) 10"^ micro (}x) 10'^ nano (n) 10^^^ pico (p) 10" 1-5 SYMBOLS V A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds ^ Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line Revised 8/10/10 Contract No. 3840-9 Page 10 of 55 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Revised 8/10/10 Contract No. 3840-9 Page 11 of 55 Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination ofthe City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization. Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage ofthe Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature ofthe authorized agent ofthe Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Revised 8/10/10 Contract No. 3840-9 Page 12 of 55 ^ Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of those drawings included in Exhibit "D" included as part of the contract documents The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the Revised 8/10/10 Contract No. 3840-9 Page 13 of 55 City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Revised 8/10/10 Contract No. 3840-9 Page 14 of 55 Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness ofthe submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review. Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Revised 8/10/10 Contract No. 3840-9 Page 15 of 55 2-5.3.2 Working Drawings, (not used) 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless othen/vise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201 -1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. Revised 8/10/10 Contract No. 3840-9 Page 16 of 55 0^ ^^^^ 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING, (not used) 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execufion, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice. Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspecfion is required. Work shall be done only in the presence ofthe Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 8/10/10 Contract No. 3840-9 Page 17 of 55 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 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 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent ofthe Bid quantity at the Contract Unit Price. Revised 8/10/10 Contract No. 3840-9 Page 18 of 55 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; 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 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers Revised 8/10/10 Contract No. 3840-9 Page 19 of 55 compensation insurance, liability insurance, health and welfare, pension, vacation, apprenficeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their Revised 8/10/10 Contract No. 3840-9 Page 20 of 55 c nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. Revised 8/10/10 Contract No. 3840-9 Page 21 of 55 0lf 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be 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. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to nofify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potenfial claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potenfial claim shall include the following certification relative to the California False Claims Act, Government Code Secfions 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further Revised 8/10/10 Contract No. 3840-9 Page 22 of 55 understands and agrees that this potenfial claim, unless resolved, must be restated as a claim in response to the City's proposed final esfimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substanfiafion of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequenfiy filed on the basis of said nofice of potenfial claim. It is the intention of this secfion that difi'erences between the parties arising under and by virtue of the contract be brought to the attenfion of the Engineer at the earliest possible fime in order that such matters be setfied, if possible, or other appropriate acfion promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written nofice of potenfial claim prior to commencing any disputed work. Failure to give said nofice shall consfitute a waiver of all claims in connecfion therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolufion pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construcfion Management & Inspecfion 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after complefion of the disputed work stafing its posifion on the claim, the contractual basis for the claim, along with all documentafion supporting the costs and all other evidenfiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request addifional information or request that the Contractor meet and present its report. When addifional informafion or a meefing is requested the City will provide its posifion within 10 working days of receipt of said additional informafion or Contractor's presentafion of its report. The Contractor may appeal each level's posifion up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolufion chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 8/10/10 Contract No. 3840-9 Page 23 of 55 V All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulfing from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Secfion 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Secfions 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents ofthe University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not othen/vise expressly provided for or the claimant is not othenA/ise enfified to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in wrifing and include the documents necessary to substanfiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the fime limit or supersede nofice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in wrifing to any written claim within 45 days of receipt of the claim, or may request, in wrifing, within 30 days of receipt of the claim, any addifional documentafion supporting the claim or relafing to defenses to the claim the local agency may have against the claimant. (2) If addifional informafion is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement ofthe local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentafion or within a period of fime no greater than that taken by the claimant in producing the addifional informafion, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in wrifing to all written claims within 60 days of receipt of the claim, or may request, in wrifing, within 30 days of receipt of the claim, any additional documentafion supporting the claim or relafing to defenses to the claim the local agency may have against the claimant. (2) If additional informafion is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement ofthe local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the addifional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the fime prescribed, the claimant may so nofify the local agency, in writing, either Revised 8/10/10 Contract No. 3840-9 Page 24 of 55 within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the fime prescribed, respectively, and demand an informal conference to meet and confer for setfiement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for setfiement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Secfion 900) and Chapter 2 (commencing with Secfion 910) of Part 3 of Division 3.6 of Tifie 1 of the Government Code. For purposes of those provisions, the running of the period of fime within which a claim must be filed shall be tolled from the fime the claimant submits his or her written claim pursuant to subdivision (a) unfil the time that claim is denied as a result of the meet and confer process, including any period of fime ufilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the fime periods for filing tort claims or acfions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Secfion 910) of Part 3 of Division 3.6 of Tifie 1 of the Government Code. 20104.4. The following procedures are established for all civil acfions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediafion unless waived by mutual sfipulafion of both parties. The mediafion process shall provide for the selecfion 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 fime requirement is extended upon a good cause showing to the court or by stipulafion of both parties. If the parties fail to select a mediator within the 15-day period, any party may pefifion the court to appoint the mediator. (b) (1) 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 Tifie 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Secfion 2016) of Chapter 3 of Tifie 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon sfipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construcfion law, and, upon sfipulafion of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitrafion where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addifion to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitrafion award requests a trial de novo but does not obtain a more favorable judgment shall, in addifion to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitrafion process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othen^/ise provided in the contract. (b) In any suit filed under Secfion 20104.4, the local agency shall pay interest at the legal rate on any arbitrafion award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 8/10/10 Contract No. 3840-9 Page 25 of 55 V ^^^^^^ Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Secfion 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specificafions shall be considered defecfive and will be subject to rejecfion. Defecfive work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defecfive or damaged work or material after reasonable nofice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specificafions. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilifies and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and exisfing work and all items of equipment for the durafion of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspecfion is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabricafion, metal casfing, welding, concrete pipe manufacture, protecfive coafing application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certificafion as to compliance with the Specificafions, subject to sampling and tesfing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspecfion at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance tesfing. The Specificafions may require inspecfion at the source for other items not typical of those listed in this secfion. Revised 8/10/10 Contract No. 3840-9 Page 26 of 55 V The Contractor shall provide the Engineer free and safe access to any and all parts of work at any fime. Such free and safe access shall include means of safe access and egress, venfilafion, lighfing, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulafions, Title 8, Industrial Relafions, Chapter 4, Division of Industrial Safety, Subchapter 4, Construcfion Safety Orders and such other safety regulafions as may apply. Contractor shall furnish Engineer with such informafion as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspecfion or tesfing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited tesfing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the tesfing laboratory shall judge the materials by the requirements of the Plans and Specificafions. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabricafion or treatment of such materials be done without proper inspecfion by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and tesfing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporafion in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for tesfing to the place and at the fime designated by the Engineer. Unless othenA/ise provided, all inifial tesfing will be performed under the direcfion of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for tesfing, it will be stated in the Specifications. For private contracts, the tesfing expense shall be borne by the permittee. The Contractor shall nofify the Engineer in wrifing, at least 15 days in advance, of its intenfion to use materials for which tests are specified, to allow sufficient fime to perform the tests. The nofice shall name the proposed supplier and source of material. If the nofice of intent to use is sent before the materials are available for tesfing or inspecfion, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renofify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specificafions, Technical Specificafion, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the opfion of the Engineer, the source of supply of each of the materials shall be approved by Revised 8/10/10 Contract No. 3840-9 Page 27 of 55 the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any fime during their preparafion and use. If, after incorporafing such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any fime, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compacfion tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specificafions shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specificafions shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials tesfing requirements of the Specificafions and accept the manufacturer's written certificafion that the materials to be supplied meet those requirements. Material test data may be required as part of the certificafion. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate fime shall be allowed for the Engineer to make this determinafion. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its descripfion and shall be deemed to be followed by the words or equal. A lisfing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substanfiafion of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characterisfics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended funcfion. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the subsfitute item is equivalent. The Engineer's findings shall be final. Installafion and use of a substitute item shall not be made unfil approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract complefion fime shall not be affected by any circumstance developing from the provisions of this secfion. The Contractor is responsible for the safisfactory performance of substituted items. If, in the sole opinion of the Engineer, the subsfitufion is determined to be unsafisfactory in performance, appearance, durability, compafibility with associated items, availability of repair parts and suitability of applicafion the Contractor shall remove the subsfituted item and replace it with the originally specified item at no cost to the Agency. Revised 8/10/10 Contract No. 3840-9 Page 28 of 55 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operafion, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the applicafion of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operafing equipment in the plant area that the error in weighing with the enfire plant running will not exceed 2 percent for any setfing nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Tesfing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modificafion, or relocation of the equipment. Calibrafion certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will inifiate an immediate and cooperafive invesfigafion. Test values of materials are results of the materials' tests, as defined by these Specificafions or by the special provisions, required to accept the Work. Credible evidence is process observafions or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The invesfigafion shall allow access to all test results, procedures, and facilifies relevant to the disputed work and consider all available informafion and, when necessary, gather new and addifional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradicfion. If the cooperafive invesfigafion reaches any resolufion mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative invesfigafion concluded. Whenever the cooperafive investigafion is unable to reach resolution, the invesfigafion may then either conclude without resolufion or confinue by written notificafion of one party to the other requesfing the implementafion of a resolution process by committee. The confinuance of the invesfigafion shall be contingent upon recipient's agreement and acknowledged in wrifing within 3 calendar days after receiving a request. Without acknowledgement, the invesfigafion shall conclude without resolufion. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request nofificafion, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request nofificafion, the two selected engineers will select a third engineer. The goal in selecfion of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request Revised 8/10/10 Contract No. 3840-9 Page 29 of 55 nofificafion. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a confinuance of the cooperafive invesfigafion and will re-consider all available informafion and if necessary gather new and addifional informafion to determine the validity, the cause, and if necessary, the remedy to the contradicfion. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and pracfices and to ensure public value, the committee may provide engineering recommendafions as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formafion to complete their review and submit their findings. The final resolufion of the committee shall be by majority opinion, in wrifing, stamped and signed. Should the final resolufion not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolufion process by committee shall confinue to full conclusion unless: 1. Within 7 days of the formafion of the committee, the Agency and the Contractor reach an acceptable resolufion mechanism; or 2. Within 14 days of the formafion of the committee, the inifiafing party withdraws its written nofificafion and agrees to bear all invesfigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless othenvise agreed, the Contractor shall bear and maintain a record for all the invesfigafive costs unfil resolufion. Should the invesfigafion discover assignable causes for the contradicfion, the assignable party, the Agency or the Contractor, shall bear all costs associated with the invesfigafion. Should assignable causes for the contradicfion extended to both parties, the invesfigafion will assign costs cooperatively with each party or when necessary, equally. Should the invesfigafion substanfiate a contradicfion without assignable cause, the investigafion will assign costs cooperatively with each party or when necessary, equally. Should the invesfigafion be unable to substanfiate a contradicfion, the inifiator of the invesfigafion shall bear all invesfigative costs. All claim nofificafion requirements of the contract pertaining to the contradicfion shall be suspended unfil the invesfigafion is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Secfion 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a descripfion of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any locafion within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the descripfion of materials allowed to be stored and shall provide for the removal of the materials and restorafion of the storage site within the fime allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparafion of the storage site and the locafion of the site on which the materials are stored. Loss, damage or deteriorafion of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. Revised 8/10/10 Contract No. 3840-9 Page 30 of 55 W The Engineer shall have the right to verify the suitability of materials and their proper storage at any fime during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected ufility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all ufilifies which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or locafion of ufilifies indicated on the Plans is not guaranteed. Where underground main distribufion conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connecfion for each type of ufility. As provided in Secfion 4216 of the California Government Code, at least 2 working days prior to commencing any excavafion, the Contractor shall contact the regional nofificafion center (Underground Service Alert of Southern California) and obtain an inquiry idenfificafion number. The California Department of Transportafion is not required by Secfion 4216 to become a member of the regional nofificafion center. The Contractor shall contact it for locafion of its subsurface installations. The Contractor shall determine the locafion and depth of all ufilifies, including service connecfions, which have been marked by the respecfive owners and which may affect or be ^ affected by its operafions. If no pay item is provided in the Contract for this work, full w compensafion for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service funcfion or disturb the support of any ufility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protecfion is required to ensure support of ufilifies located as shown on the Plans or in accordance with Secfion 5-1, the Contractor shall, unless othenA/ise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any ufility omitted from or shown incorrecfiy on the Plans, the Contractor shall immediately nofify the Engineer in wrifing. When authorized by the Engineer, support or protecfion of the ufility will be paid for as provided in Secfion 3-2.2.3 or 3-3. The Contractor shall immediately nofify the Engineer and the ufility owner if any ufility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any ufility damaged if located as noted in Secfion 5-1. When placing concrete around or configuous to any non-metallic ufility installafion, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or Revised 8/10/10 Contract No. 3840-9 Page 31 of 55 ^ 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the ufility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic ufility installafion; or where the coafing, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall nofify the Engineer and arrange to secure the advice of the affected ufility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of ufilifies shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operafions, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitafing such removals. 5-4 RELOCATION. When feasible, the owners responsible for ufilifies within the area affected by the Work will complete their necessary installations, relocafions, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specificafions indicate that a ufility installafion is to be relocated, altered, or constructed by others, the Agency will conduct all negofiafions with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specificafions for Public Works Construction, Section 301-1.6, 2006 Edition, and the supplements thereto current at the fime of the contract bid. Ufilifies which are relocated in order to avoid interference shall be protected in their posifion and the cost of such protecfion shall be included in the Bid for the items of work necessitating such relocafion. After award of the Contract, portions of ufilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specificafions provide for the Contractor to alter, relocate, or reconstruct a ufility, all costs for such work shall be included in the Bid for the items of work necessitafing such work. Temporary or permanent relocafion or alterafion of ufilifies requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The ufility owner will relocate service connecfions as necessary within the limits of the Work or within temporary construcfion or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocafion of service connecfions as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocafion of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restorafion of all exisfing improvements which may be affected thereby. The Contractor may agree with the owner of any ufility to disconnect and reconnect interfering service connecfions. The Agency will not be involved in any such agreement. In conformance with Secfion 5-6 the Contractor shall coordinate the work with ufility agencies and companies. Prior to the installafion of any and all ufility structures within the limits of work by any ufility agency or company, or its contractor, the Contractor shall place all curb or curb ^ and gutter that is a part of the work and adjacent to the locafion where such utility structures are Revised 8/10/10 Contract No. 3840-9 Page 32 of 55 shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate ufilifies that interfere with the construcfion, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the ufility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfacfion of the ufility agency or company. Such temporary omission shall be for the Contractor's convenience and no addifional compensafion will be allowed therefore or for addifional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocafion of the ufility involved unless othenA/ise directed by the Engineer. 5-5 DELAYS. The Contractor shall nofify the Engineer of its construcfion schedule insofar as it affects the protecfion, removal, or relocafion of ufilifies. Said notificafion shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in wrifing of any subsequent changes in the construcfion schedule which will affect the time available for protecfion, removal, or relocafion of ufilifies. The Contractor will not be entified to damages or addifional payment for delays attributable to ufility relocafions or alterafions if correcfiy located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by ufilifies in performing work correcfiy shown on the Plans. The Agency will assume responsibility for the fimely removal, relocafion, or protecfion of exisfing main or trunkline ufility facilifies within the area affected by the Work if such ufilifies are not idenfified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the fimely removal, relocafion, or protecfion of such existing facilifies. If the Contractor sustains loss due to delays attributable to interferences, relocafions, or alterafions not covered by Secfion 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of fime. 5- 6 COOPERATION. When necessary, the Contractor shall so conduct its operafions as to permit access to the Work site and provide fime for ufility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6- 1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as OthenA/ise provided herein and unless othenA/ise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within ten (10) calendar days after receipt of the "Nofice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notificafion of contract award, the Engineer will set the time and locafion for the Preconstrucfion Meefing. Attendance of the Contractor's management personnel responsible for the management, administration, and execufion of the Revised 8/10/10 Contract No. 3840-9 Page 33 of 55 project is mandatory for the meefing to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstrucfion Meefing will be grounds for default by Contractor per Secfion 6-4. No separate payment will be made for the Contractor's attendance at the meefing. The nofice to proceed will only be issued on or after the complefion ofthe preconstrucfion meefing. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construcfion Schedule per the submittal requirements of Secfion 2-5.3. The submittal of the Baseline Construcfion Schedule shall include each item and element of Secfions 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construcfion Schedule as a Crifical Path Method (CPM) Schedule in the precedence diagram method (acfivity-on-node) format. The Baseline Construcfion Schedule shall depict a workable plan showing the sequence, durafion, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construcfion Schedule shall begin with the projected date of issuance of the nofice to proceed and conclude with the date of final complefion per the contract durafion. The Baseline Construcfion Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construcfion Schedule the Contractor shall prepare and submit to the Engineer a complete fime-scaled network diagram showing all of the activifies, logic relafionships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construcfion Schedule the Contractor shall prepare and submit to the Engineer a tabular lisfing of all of the activifies, showing for each activity the identification number, the descripfion, the durafion, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor acfivities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construcfion Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and durafion on the horizontal axis. The bar chart shall use differing texture patterns or distincfive line types to show the crifical path. 6-1.2.4 Schedule Software, (not used) 6-1.2.5 Schedule Activities. Except for submittal activifies, acfivity durafions shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The number of activifies will be sufl^icient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of fime impacts. Each activity's descripfion shall accurately define the work planned for the acfivity and each activity shall have recognizable beginning and end points. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construcfion Schedule are incidental to the work and no separate payment will be made therefore. Revised 8/10/10 Contract No. 3840-9 Page 34 of 55 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condifion and state of usefulness as soon as pracficable, the Contractor shall diligently prosecute the Work to complefion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situafion. All costs of prosecufing the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, unfil the Contractor takes said steps. As soon as possible under the provisions of the Specificafions, the Contractor shall backfill all excavafions and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protecfion of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operafions necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes the construcfion of a six food diameter concrete access vault and the installafion of a 2" air ventilation assembly in the vault on an exisfing HOPE sewer force main. 6-2.3 Project Meetings. Meefing will be scheduled no more than once a week per the Engineer's requirement. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenA/ise specified in Secfion 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not confinue unfil ordered by the Engineer. When resumed, excavafion operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be enfified to an extension of fime and compensafion in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the fime specified, to maintain the rate of delivery of Revised 8/10/10 Contract No. 3840-9 Page 35 of 55 \^ material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written nofice upon the Contractor and the Surety on its Faithful Performance Bond demanding safisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellafion, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the fime of cancellafion, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellafion of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written nofice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the enfire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving nofice ^ of cancellafion, or fails to confinue to comply, the Agency may exclude the Surety from the ^ premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combinafion of such methods. In any event, the cost of complefing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for complefion, the Contractor or Surety shall pay to the Agency within 5 days after the complefion, all costs in excess ofthe sums due. The provisions of this secfion shall be in addifion to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discrefion or when condifions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official acfion of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of fime as provided herein, but the Contractor will not be enfified to damages or addifional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulafions, labor disputes, strikes, fires, floods, adverse weather or elements necessitafing cessafion of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specificafions. Revised 8/10/10 Contract No. 3840-9 Page 36 of 55 No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a fimely manner in accordance with the sequence of the Contractor's operafions and the approved construcfion schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of fime to be in the best interests of the Agency. The Contractor will not be entified to damages or addifional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by acfion or inacfion by the Agency, such delays will enfifie the Contractor to an extension of fime as provided in Secfion 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determinafion of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may othenA/ise be obligated by. The Contractor shall provide confinuing daily written nofice to the Engineer, each working day, throughout the durafion of such period of delay. The inifial and confinuing written nofices shall include the classificafion of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulafive durafion of the standby, the Contractor's opinion of the cause of the delay and a cogent explanafion of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this secfion the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the fime set forth in the Contract. The Contractor shall complete each portion of the Work within such fime as set forth in the Contract for such portion. The fime of complefion of the Contract shall be expressed in working days The Contractor shall diligenfiy prosecute the work to complefion within thirty (30) working days after the starting date specified in the Nofice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract fime as defined in Secfion 6-1 and the date provided for complefion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, Revised 8/10/10 Contract No. 3840-9 Page 37 of 55 w 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associafion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Secfion 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Secfion 6-6.1. Unless OthenA/ise approved in wrifing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any fime during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determinafion of each working day to be charged against the Contract fime. These determinafions will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract fime, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of ^ working days of Contract fime remaining. If the Contractor does not agree with the statement, it W shall file a written protest within 15 days after receipt, setting forth the facts of the protest. OthenA/ise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is safisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specificafions for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and Is ready for acceptance the Engineer will so certify to the Board. Upon such certificafion by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Nofice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of complefion of the Work. All work shall be warranted for one (1) year after recordafion of the "Nofice of Complefion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defecfive work in a manner safisfactory to the Engineer, after nofice to do so from the Engineer, and within the time specified in the nofice. If the Contractor fails to make such replacement or repairs within the fime specified in the notice, the Agency may perform this work and the Contractor's surefies shall be liable for the cost thereof. Revised 8/10/10 Contract No. 3840-9 Page 38 of 55 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the fime allowed will result in damages being sustained by the Agency. For each consecufive calendar day in excess of the fime specified for complefion of Work, as adjusted in accordance with Secfion 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00 Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execufion of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted fime. Any progress payments made after the specified complefion date shall not consfitute a waiver of this paragraph or of any damages. 6- 10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and ufilize all or part of any completed facility or appurtenance. The Contractor will be nofified in wrifing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulfing from use by public traffic or from the acfion of the elements or from any other cause, except Contractor operafions or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operafions. Nothing in this secfion shall be construed as relieving the Contractor from full responsibility for correcfing defecfive work or materials. In the event the Agency exercises its right to place into service and ufilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulfing from the ufilizafion of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7- 1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condifion all equipment and facilifies as required for the proper execufion and inspecfion of the Work. Such equipment and facilifies shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or othenA/ise objecfionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions ofthe Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscriminafion because of race, color, nafional origin, sex, or religion. The Contractor shall forfeit to the Agency the penalfies prescribed in the Labor Code for violafions. Revised 8/10/10 Contract No. 3840-9 Page 39 of 55 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execufion of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Secfion 3700 of the Labor Code which require every employer to be insured against liability for workers' compensafion or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Secfion 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the durafion of the contract, complete Workers' Compensafion Insurance, and shall furnish a Certificate of Insurance to the Engineer before execufion of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure ofthe Contractor to comply with this paragraph. All compensafion insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expirafion or proposed cancellafion of such policies for any reason whatsoever, the Agency shall be nofified by registered mail not less than 30 days before expirafion or cancellafion is effecfive. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publicafion of the Department of Insurance of the State of California. Policies issued by the State Compensafion Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work unfil all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no addifional compensafion will be allowed therefore. The Contractor shall obtain and pay for ail costs incurred for permits necessitated by its operafions such as, but not limited to, those permits required for night work, overload, blasfing, and demolifion. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operafions, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits, (not used) 7-5.2 Relations with the Railroad, (not used) 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in wrifing a representafive who shall have complete authority to act for it. An alternative representafive may be designated as well. The representative or alternate shall Revised 8/10/10 Contract No. 3840-9 Page 40 of 55 be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communicafion given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representafive, instrucfions or direcfions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representafive. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essenfial work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operafions and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinafing its work with others, the Contractor will not be enfified to addifional compensafion from the Agency for damages resulfing from such simultaneous, collateral, and essenfial work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of fime. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the ufility companies during the relocafion or construcfion of their lines. The Contractor may be granted a fime extension if, in the opinion of the Engineer, a delay is caused by the ufility company. No addifional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construcfion, including suspension of work, and unfil the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulfing in mud on public streets will not be permitted as a subsfitute for sweeping or other methods. When required by the Plans or Specificafions, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construcfion, including restorafion, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspecfion, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Revised 8/10/10 Contract No. 3840-9 Page 41 of 55 Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specificafions. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work unfil the condifion is corrected. No addifional compensafion will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct efl'ective cleanup and dust control throughout the durafion of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discrefion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no addifional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quanfity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the fime of acceptance, structures enfirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary exterminafion work shall be arranged and paid for by the Contractor as part of the Work within the Contract fime, and shall be performed by a licensed exterminator in accordance with requirements of governing authorifies. The Contractor shall be liable for injury to persons or property and responsible for the eliminafion of offensive odors resulfing from exterminafion operafions. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodafions shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulafions pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt exisfing sewer facilifies, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to exfinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construcfion meter for water used for the construction, plant establishment, maintenance, cleanup, tesfing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no addifional payment will be made therefore. Revised 8/10/10 Contract No. 3840-9 Page 42 of 55 V 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollufion. It shall conduct and schedule operafions so as to minimize or avoid muddying and silfing of said channels, drains, and waters. Water pollufion control work shall consist of construcfing those facilifies which may be required to provide prevenfion, control, and abatement of water pollufion. The Contractor shall provide a storm water pollution prevention plan and implement and maintain the BMPs throughout the construcfion phase. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, Nafional Pollutant Discharge Eliminafion System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construcfion Acfivity (General Permit) and subsequent adopted modificafions and with all requirements of the Storm Water Pollufion Prevenfion and Monitoring Plans for this project in accordance with these regulafions. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphalfic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combusfion engines used in the construcfion shall be equipped with mufflers in good repair when in use on the project with special attenfion to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protecfion of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all exisfing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, ufility installafions, pavement, structures, etc.) which are damaged or removed as a result of its operafions. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to exisfing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operafions, they shall be restored or replaced in as nearly the original condifion and locafion as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable nofice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because ofthe Work. All costs to the Contractor for protecfing, removing, and restoring existing improvements shall be included in the Bid. Revised 8/10/10 Contract No. 3840-9 Page 43 of 55 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operafions shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all fimes. Unless OthenA/ise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stafions and motels; hospitals; police and fire stafions; and establishments of similar nature. Access to these facilifies shall be confinuous and unobstructed unless othenA/ise approved by the Engineer. Safe and adequate pedestrian zones and public transportafion stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residenfial driveways shall be maintained to the property line except when necessary construcfion precludes such access for reasonable periods of fime. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collecfion and removal of trash and garbage to maintain existing schedules for these services. Grading operafions, roadway excavafion and fill construcfion shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condifion satisfactory for traffic. Unless OthenA/ise authorized, work shall be performed in only one-half the roadway at one fime. One half shall be kept open and unobstructed unfil the opposite side is ready for use. If one-half a street only is being improved, the other half shall be condifioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company. Coast Waste Management at 929-9417. During overlay operafions, the Contractors schedule for overlay applicafion shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construcfion in the public right-of-way that afi'ects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notificafion of the impending disrupfion. For a full street closure, all residences and/or businesses on the afl'ected street or alley shall be nofified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be nofified. The notificafion shall be hand delivered and shall state the date and fime the work will begin and V Revised 8/10/10 Contract No. 3840-9 Page 44 of 55 its anficipated durafion. The nofificafion shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall, not be connected to either number. The notificafion shall also give a brief descripfion of the work and simple instrucfions to the home or business owner on what they need to do to facilitate the construcfion. The Contractor shall submit the contents of the notification to the Engineer for approval. Nofices shall not be distributed unfil approved by the Engineer. For residences, the notificafion shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brighfiy colored with contrasfing prinfing. The material shall be equivalent in strength and durability to 65 lb. card stock. The prinfing on the nofice shall be no smaller than 12 point. In addifion to the nofificafions, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and fime of parking restricfion for a durafion not to exceed the fime necessary to complete the work at that locafion. Failure of the contractor to meet the posted date requires re-posfing the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance ofthe rescheduled work. The preparafion, materials, prinfing and distribufion of the nofificafions shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensafion for prinfing and distribufing these nofices. The contractor shall replace all street markings and striping damaged by construcfion activifies. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construcfion materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construcfion within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage fime. Construcfion equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days, after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with addifional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon complefion of the Work. Revised 8/10/10 Contract No. 3840-9 Page 45 of 55 ^^^^ The Contractor shall secure approval, in advance, from authorifies concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or funcfion as specified, from any cause, during the progress ofthe work, the Contractor shall immediately repair said component to its original condifion or replace said component and shall restore the component to its original locafion. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole opfion, install the traffic signs, markings, delineafion or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construcfion traffic signs and control devices shall be maintained throughout the durafion of work in good order and according to the approved traffic control plan. All construcfion area signs shall conform to the provisions of Secfion 206-7.2 et seq. All temporary reflecfive pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Secfion 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Secfion 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Secfion 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direcfion and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stafionary mounted signs. Stafionary signs that warn of non-existent condifions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to exisfing condifions. Care shall be used in performing excavafion for signs in order to protect underground facilifies. All excavafion required to install stafionary construcfion area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, ofthe California Vehicle Code, portable signs shall be illuminated or, at the opfion of the Contractor, shall be in conformance with the provisions in Secfion 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specificafions", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. Revised 8/10/10 Contract No. 3840-9 Page 46 of 55 V 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (6') ,nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the than 0.6 m (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reducfion in clearance that is specific to the time, duration and locafion of such waiver, when such reducfion is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condifion of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent trafl'ic lane or provide barriers. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this secfion will not relieve the Contractor from its responsibility to provide such addifional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the durafion of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavafion adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locafions, approved by the Engineer, within the limits ofthe right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternafive traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operafions using an alternafive plan unfil the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineafion shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California published by CALTRANS. Whenever the work causes obliterafion of pavement delineafion, temporary or permanent pavement delineafion shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineafion shall be provided at all fimes for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineafion shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineafion shall be removed by grinding. Surfaces to receive temporary pavement delineafion shall be dry and free of dirt and loose material. Temporary pavement delineafion shall not be applied over exisfing pavement delineafion or other temporary pavement delineafion. Temporary pavement delineafion shall be maintained until superseded or replaced with permanent pavement delineafion. Temporary pavement delineafion shall be removed when, as determined by the Engineer, the temporary pavement delineafion conflicts with the permanent pavement delineafion or with a ^'•^ Revised 8/10/10 Contract No. 3840-9 Page 47 of 55 new traffic pattern for the area and is no longer required for the direcfion of public traffic. When temporary pavement delineafion is required to be removed, all lines and marks used to establish the alignment ofthe temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construcfion acfivifies that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activifies that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Secfion 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implemenfing them. The minimum 20-day review period specified in Secfion 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the enfire durafion of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stafioning of features affecfing the traffic control plan and the methodology proposed to transifion to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevafion vertical curves must also be shown. Such modificafions, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addifion, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modificafions, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modificafion, addifion, supplement, and/or new design shall not be implemented and no work shall be commenced that is confingent on such approval unfil the changed TCP are approved by the Engineer. The preparafion of such modificafion, addifion, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modificafions, supplements, and/or new designs to TCP shall conform to the requirements of Secfion 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensafion for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparafion, reproducfion and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing ofthe components ofthe traffic control system as shown on the plans and approved additions and modificafions, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modificafions, addifions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no addifional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit Revised 8/10/10 Contract No. 3840-9 Page 48 of 55 ^m^" price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no addifional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construcfion Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavafing any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protecfion from the hazard of caving ground during the excavafion of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start unfil the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the 1^ Engineer, or as othenA/ise stated in the Specificafions. Explosives shall be handled, used, and stored in accordance with all applicable regulafions. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasfing operafions. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Secfion 5194 of the California Code of Regulafions shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and applicafion instrucfions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall nofify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implemenfing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Revised 8/10/10 Contract No. 3840-9 Page 49 of 55 ^i^^ Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potenfial physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolafion and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric tesfing of the space 6. Venfilafion of the space 7. Special hazards considerafion 8. Personal protecfive equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilifies, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Secfion 5157, Tifie 8, CCR may be required as a part ofthe Work. All manholes, tanks, vaults, pipelines, excavafions, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces unfil the pre-entry procedures demonstrate othenA/ise. The Contractor shall implement a permit space program prior to performing any work in a permit- required confined space. A copy of the permit shall be available at all fimes for review by Contractor and Agency personnel at the Work site. ^ (c) Payment. Payment for implemenfing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precaufions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all fimes, as required by the condifions and progress of the work, all necessary safeguards for the protecfion of workers and public, and shall use danger signs warning against hazards created by such features of construcfion as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal acfion that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialfies of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and locafion shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. Revised 8/10/10 Contract No. 3840-9 Page 50 of 55 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Nafional laws and County and Municipal ordinances and regulafions which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all fimes observe and comply with such laws, ordinances, and regulafions. Municipal ordinances that affect this work include Chapter 11.06. Excavafion and Grading. If this nofice specifies locafions or possible materials, such as borrow pits or gravel beds, for use in the proposed construcfion project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Secfion 1601 et seq. ofthe Fish and Game Code shall become condifions ofthe contract. 7-14 ANTITRUST CLAIMS. Secfion 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, fifie, and interest in and to all causes of acfion it may have under Secfion 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Secfion 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effecfive at the fime the awarding body tenders final payment to the contractor, without further acknowledgment ofthe parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL (not used) SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenA/ise specified, quanfities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quanfifies of pipe, piling, fencing and fimber shall be considered as being the true length measured along longitudinal axis. Unless othenA/ise provided in Specifications, volumetric quanfifies shall be the product of the mean area of vertical or horizontal secfions and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods sfipulated in the particular secfions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. Revised 8/10/10 Contract No. 3840-9 Page 51 of 55 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensafion for the items of work and all work appurtenant thereto. When required by the Specificafions or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficienfiy detailed as to safisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quanfifies listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quanfifies of Contract items constructed in accordance with the Plans and Specificafions. Upon completion of construcfion, if the actual quanfifies show either an increase or decrease from the quanfifies given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Secfion 3-2.2.1. The unit and lump sum prices to be paid shall be full compensafion for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensafion will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislafive act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate acfion is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precaufions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency acfion or inacfion under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligafions under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or OthenA/ise degraded in any way prior to acceptance of the Work, except as provided in Secfion 6-10. Revised 8/10/10 Contract No. 3840-9 Page 52 of 55 Guarantee periods shall not be affected by any payment but shall commence on the date of recordafion ofthe "Notice of Complefion." If, within the fime fixed by law, a properly executed nofice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expirafion of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in wrifing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The esfimated value will be based on contract unit prices, completed change order work and as provided for in Secfion 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's informafion. Should the Contractor assert that addifional payment is due, the Contractor shall within ten (10) days of receipt of the progress esfimate, submit a supplemental payment request to the Engineer with adequate jusfificafion supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in wrifing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Secfion 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Secfion 685.010 ofthe Code of Civil Procedure. From each progress esfimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is safisfactory, the deducfion to be made from remaining progress estimates and from the final esfimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its surefies will constitute a waiver of the liquidated damages under 6-9. Revised 8/10/10 Contract No. 3840-9 Page 53 of 55 As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspecfion, the Engineer will make a Final Payment Esfimate and process a corresponding payment. This esfimate will be in wrifing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantifies and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior, esfimates and progress payments shall be subject to correcfion in the Final Payment Esfimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Esfimate to make written statement disputing any bid item or change order item quanfity or payment amount. The Contractor shall provide all documentafion at the fime of submitting the statement supporting its posifion. Should the Contractor fail to submit the statement and supporting documentafion within the fime specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentafion in the aforementioned fime, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantifies or amounts not approved by the Engineer will be subject to resolufion as specified in Secfion 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable fime such further informafion and details as may be required by the Engineer to determine the facts or contenfions involved in its claims. Failure to submit such informafion and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Secfion 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment esfimate. Those final payment items disputed in the written statement required in Secfion 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment esfimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written nofice or protest is required under any provision of this contract including Secfions 3-4 Changed Condifions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Nofice and Report, or 6-7.3 Contract Time Accounfing, unless the Contractor has complied with nofice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable fime such further informafion and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such informafion and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolufion for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolufion Revised 8/10/10 Contract No. 3840-9 Page 54 of 55 K^- under Secfion 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specificafions, and subject to the limitafion and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress esfimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilizafion and subject to the condifions and limitafions in the Specificafions, the costs of work in advance of construcfion operafions and not directly attributable to any specific bid item will be included in the progress esfimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilizafion and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quanfity and type as listed in the Contractor's Proposal. All work shown or menfioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specificafions shall be considered as included in the Bid Items. Contractor must protect exisfing ufilifies, improvements, landscaping, irrigafion systems, and vegetafion in place. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigafion systems, and vegetafion at his expense. Traffic Control (Bid Item No. 1) Lump Sum The contract unit price paid for this bid item shall consfitute full compensafion to provide traffic control plans which meet the approval of the Engineer and furnish and install and operate all traffic control and related equipment and materials throughout the construcfion of this project as specified in secfion 7-10 of these general provisions. AVA Vault and Assembly, (Bid Item No. 2) Lump Sum Construct a six foot diameter concrete vault over exisfing HDPE sewer force main pipeline and install the AVA in the vault as shown on the contract plans (Exhibit "D"). Revised 8/10/10 Contract No. 3840-9 Page 55 of 55