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HomeMy WebLinkAboutAGMT - Meek Company John S (Pier Repair, #50146) • PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103 and 27383. RECORDING REQUESTED BY CITY OF SEAL BEACH 211 — 8th STREET Recorded in Official Records, Orange County SEAL BEACH, CALIF. 9 0 7 4 0 Torn Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO 1111111 IIIIII11111111 IIIII 11 1111111111 IIIII 111111111111 111111111 1111 NO FEE CITY OF SEAL BEACH ATTN: CITY CLERK 2004000594094 08:29am 06/30/04 211 — 8th STREET 213 110 R28 3 SEAL BEACH, CALIF. 90740 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1J� PA FOR ' CO RE'S S •NLY RESOLUTION NUMBER 5234 PIER STRUCTURAL REPAIR/REHABILITATION 012 COMPLETION (Please fill in document title(s)on this line) Izoo i �• �( ,O ITN I / THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form#R25 RESOLUTION NUMBER_5 A 3 Li A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50146 PIER STRUCTURAL REPAIR AND REHABILITATION ENTERED INTO BETWEEN CITY OF SEAL BEACH AND JOHN S. MEEK CONSTRUCTION, INC. WHEREAS, on November 11, 2003 City of Seal Beach entered into a contract with John S. Meek Construction, Inc. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of$335,054.80. Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice of Completion", Exhibit A, be filed on behalf of the City in the Office of the Orange County Recorder. within 10 days of the date of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the p� L �- day of f , 2004 by the following vote: AYES: Councilmembers rl/� 141,0.45n I l t 1011801 / r-V44- NOES: Councilmembers r)74k11 ABSENT: Councilmembers fq Mayor ATT. ST: • City Clerk • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is an original copy of Resolution Number on file in the Office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 9 4 day of TV?al_ , 2004. Cii440;zi City Jerk ° • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8th Street Seal Beach,CA 90740 Space of above this line for Recorder's use. ***No Recording Fee Pursuant to Government Code Section 6103,27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is:City of Seal Beach 3. The address of the owner is:City of Seal Beach,211 8th Street,Seal Beach,CA 90740 4. The nature of the interest or estate of the owner is;In fee.The City of Seal Beach. 5. A work of improvement on the property hereinafter describe as completed on May 9,2004.The work was: Pier Structural Repair and Rehabilitation#50146. 6. The name of the contractor,if any,for such of improvement was:John S.Meek Construction,Inc. The date of the Contract was:November 11,2003. 7. The property on which said work of improvement was completed in the City of Seal Beach,County of Orange,State of California,and is described as follows:Pier Structural Repair and Rehabilitation #50146 Date: °0_ly Sign ture of owner or corporate officer of owner named in paragraph 2 or his agent. DEPUTY CITY ENGINEER VERIFICATION I,the undersigned,say:the Director of Public Works declarant of the foregoing notice of completion;have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 4A Z y ,20 0/,at Seal Beach,California. (Date of Signature) lax erector of Public Works Exhibit A I _ poi �,�CecC C 042114. +� . • c/%3 PUBLIC WORKS CONTRACT Seal Beach Pier Structural Repair and Rehabilitation—PROJECT NO.50146 1 For the following project named /,euerakts P m rairip-7,9,0 ,in the City of Seal Beach. R�rar a14L, THIS AGREEMENT, made and entered into this (are— day of `egRe4Fiti 2043 , by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and John S. Meek Company, Inc. hereinafter designated as the"CONTRACTOR,"Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said•CITY, the CONTRACTOR agrees with said CITY to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings,and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid,or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid,and hereby contracts to pay the same, at the time,in the manner and upon the conditions set forth in the Specifications and Contract Documents,and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal,the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder,as CONTRACTOR,I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation 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. 3 • IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. 5 .CITY OF 7 : 'ACH,CALIFORNIA Party of e F• BY `/ frd City Mnag; ATTESJ: '/11 ■ ity Clerk r BY co C J OR-Party of the Second Part John S . Meek, President Title 1931 No. Gaffey Street - Ste.0 San Pedro, CA 90731 Address 4 • EXECUTED IN DUPLICATE • Bond No. 162 57 15 Bond Premium $3,525.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of St al Beach,has awarded John S. Meek Company, Inc. 1931 North Gaffey Street. Suite C San Pedro, CA 90731-1265 • (Name and address of Contractor) ("Principal"),a contract(the"Contract") for the work described as follows: • Seal Beach Pier Structural Rehabilitation and Repair City Proiect Number 50146 'WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW,THEREFORE,we;the undersigned Principal,and Great American Insurance Company 750 South City Boulevard. Suite 300 Orange, CA 92868-4969 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and fumly bound unto the Public Agency in the penal sum of Three hundred eleven thousand nine hundred eighty and no/100 • Dollars (S 311,980.00 ), this amount being not less than the total contract price, in lawful money of the United States of America. for the payincut of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide.by, and well and truly kccp and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided., on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. • In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value.received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby • wnivc notice of any such change,cxtetibiuu of tint, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and 5 • I • Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: December 31, 2003 "Principal" • "Surety" JOHN S. MEEK (OMPAN,Y�,/ INC. GREAT AMERICAN INSURANCE COMPANY co I,-4_Hy `��f ��•% By: Rhonda C. Abel Its Its Attorney-in-Fact By: By: Its Its (Seal) (Seal) • Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be • attached. • • • • • • • 6 CALIFORNIA ALL-PURPOSE AIDOWLEDGMENT • No.5907 State of California County of Orange On December 31. 2003 before me, Patricia H.Brebner,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel NAME(S)OF SIGNER(S) ® personally known to me-OR- El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon B behalf of which the person(s) acted, executed the instrument. P TTRICIA H. REBNER +) • ' Commission#1313346 S z j = -i Notary Public-California 7e- "'' Orange Coun ty ' my Comm miles Jul 15 WITNESS 20 y hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL El CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ® ATTORNEY-IN-FACT El TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 r • I CALD FORNOA ALL.PURPOSE ACKNOWLEDGMENT DORAEN CC t < t t t t ' t \:C S C t C,f�tst t C�C,r,:.0 C t t..7t,..,, 's�t,SAy'2.0 C t Cs:.t t t.. ..,, ,,,g (( ,J (e; State of California a� (e: 1. ss. (: County of ai eOn 4.rt . - 2V0 before me, �v�tip1 ,1A2 ' ��, v/� v ( Date /Name and age of Officer(e gi, Jane Doe,Not Public") (.7 personally appeared ( 4it.-✓i ,,Y•�y VVV ' (� Name(s)of Signer(s) •�� ; .personally known to me (`� ❑ proved to me on the basis of satisfactory evidence G <<: to be the person(k) whose name(s) is/are >> subscribed to the within instrument and acknowledged to me that he/she/t#►ey executed ''>> ( _, A,MIME the same in his/herftheir authorized 1 1r o X00 capacity(ies), and that by his/hei'their j� $ �. I 0'l !_ccfdand® . signature(s)on the instrument the person(s),or q Z \4',;�� I4gla AVIAtia CCMiy the entity upon behalf of which the person() ;y (G "ys; anm.Eg iresAug7.�4 F acted, executed the instrument. v (e WITNESS my hand and official seal. q 'Vy Sigr i eofof Notary Public g OPTIONAL ( Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ;j (. fraudulent removal and reattachment of this form to another document. Description of Attached Document �j // /� D �` Title or Type of Document(: U/, n'� Ai - (.0 ea-eJ t°J �,.Pi4, ;�%� -6- 9 Document Date: Id-"3 i-0 3 n Number of Pages: .2 ,' P`. Signer(s)Other Than Named Above: �-& 1',Cia. a4-e-e s Vie. Capacity(ies) Claimed by Signer ] 4 Signer's Name: �vP J a. mkt" �� RIGHTjTHUMBPRINT v OF SIGNER ( ❑ Individual ' , Top of thumb here ''> Corporate Officer—Title(s): )16,4,IL 9 > 4 ❑ Partner—❑ Limited ❑General >> (e: ❑ Attorney-in-Fact a) ID Trustee ''>> ❑ Guardian or Conservator j) 4 ❑ Other: 4 Signer Is Representing: 1/14 'YI(i/64.4.y A < t<'✓G✓_,,,,✓:✓iK✓G�G�✓G✓:K✓ ✓: :✓2K✓i✓:✓Z .K✓:✓G✓: C✓:✓G✓4;„,:z ✓%L,,✓GK✓G 4 ,: :K✓G✓ t J•`-� O 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod No 5907 Reorder.Call Toll-Free 1-900-975-6927 • • • • • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX No.0 14.079 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY.a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney- in-fact,for it and in its name.place and stead to execute in behalf of the said Company.as surety.any and all bonds.undertakings and contracts of suretyship.or other written obligations in the nature thereof:provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power STANLEY C. LYNN RHONDA C. ABEL ALL OF ALL JAMES A. SCHALLER SUZANNE EDWARDS IRVINE, UNLIMITED JANE KEPNER CALIFORNIA NANETTE MARIELLA-MYERS • This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4th day of March, 2002 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO.COUNTY OF HAMILTON-ss: On this 4th day of March, 2002 .before me personally appeared DOUGLAS R.BOWEN.to me known. being duly sworn,deposes and says that he resides in Cincinnati.Ohio.that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company.the Company described in and which executed the above instrument:that he knows the seal of the said Company:that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1.1993. RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof,to prescribe their respective duties and the respective limits of their authority:and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract or suretyship,or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I.RONALD C.HAYES.Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 31st day of December , 2003 S 1029T(11/01) • • TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury,under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 162 57 15 , effective December 31, 2003. In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including,but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. EXECUTED IN DUPLILATE • Bond No. 162 57 15 Bond Premium included in charge for Performance Bond PAYMENT ROND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to John S. Meek Company. Inc. • 1' 1 N. - - - - . - San Pedro, CA 90731-1265 (Name and address.of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Seal Beach Pier Structural Rehabilitation and Rear• City Protect Number 50146 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and Great American Insurance Company 750 South City Boulevard, Suite 300 _grange, CA 92868-4969 • (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of Three hundred eleven thousand nine hundred eighty and no/100 Dollars(5 311,980.00 this amount being not less than fifty percent (50%)of the total contract price,in lawfitl money of the Linited States of America, for the payment of which sum well and truly to be made,we bind ourselves, our heirs,executors,administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 318I of the California Civil Code, or any amounts due under the Unemployment • Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal cum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3111I of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive nonce of any such change,extension of time, alteration, addition,or modification to the terms of the 7 • • • Contract or to the work of to the specifications thereunder. Surety hereby waives the provisions of California Civil Code if 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof;have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated; December 31, 2003 "Principal" "Surety" • JOHNS. MEEK CQMPANY, INC. / GREAT AMERICAN INSURANCE COMPANY r)4 \j// 7 i ® BY: c.0 41-V By: Rhonda C. Abel Its Its Attorney—in—Fact By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must he attached. • • R ' CALIFORNIA ALL-PURPOSE ASOWLEDGMENT No.5907 State of California County of Orange On December 31, 2003 before me, Patricia H.Brebner,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel , NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon PATRICIA H.BREBNER behalf of which the person(s) acted, executed the instrument. _ Commission#1313346 i Notary Public-California z z � = ►�',�t a 5t f Orange County .,-nz' My Comm Egires Jul 15,2004 WITNESS hand and official seal. . SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 r 0 I CALDIFORMI& ALE...P RPOSE AOKNOIRILIi;DORfiICEl 14 •��'C�S S�5, C'-. SAS S ,,..1 . Ss�',..aS CSC -.3.C,��5,, 4 ,., S.c.'st!sN!-S Ss-Nt S:- !� 5 , C y fie, )� Vie State of California �C` /./ 1. ss. County of r92 (/!/!?.x`,1.44/ << On p,41. .S .9 DOFF before me, &' it y-.�({1�u;.6 '11/etta. 1@tit/lset,c, ,v / Date ,,,,, _ _ n r�r a and Title of Officer(e.g.,'Jane Doe otary Public") (�7 personally appeared A. -(!1'l le �� Name(s)of Signer(s) , . 'personally known to me ❑ proved to me on the basis of satisfactory f. evidence <<: to be the person(*) whose name(b) is/are A <<; subscribed to the within instrument and , acknowledged to me that he/she/ 10y executed >> ./moo on o the same in his/herf#heir authorized g' �–� ° capacity(ies), and that by his/k�hsir •� IIUh7r Pubic e C«L.Y+bra-xt � (� �►` . G�� Analog signature(s)on the instrument the person(s), or 'i my Comm 1= ,Aulax2 4 - the entity upon behalf of which the person(*) :sA acted, executed the instrument. �e WITNESS my hand and official seal. 4,114.4..a. Signature of Notary Public :�� k'. 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: 9 4 1?2.1 (&,,,, - fi&C, (24 ad'e-• � Document Date: /.2"3/-03 Number of Pages: 2. 9 Signer(s)Other Than Named Above:C V a/64-1. .is, 4 ?� Capacity(ies) Claimed by Signer Vie, ? Signer's Name: 0/P16,14.) Ai . /VLe? 1k �� 4 7/ RIGHTITRUMBPRINT (/ OFISIGNER ? <<: ❑ Individual - Top of thumb here >> <<; jia Corporate Officer—Title(s):\ Lic2i/ ❑ Partner—❑ Limited ❑General >> ❑ Attorney-in-Fact '?� ❑ Trustee '1) ❑ Guardian or Conservator '>> ❑ Other: Signer Is Representing: 9&AI1A A. ()TWA.: LI''YVIflaNt,cj \lIA-C • A t,: o 1999 National Notary Association•9350 De Soto Ave.,P.O Box 2402•Chatsworth,CA 91313-2402•www nationalnotary.org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 • • • EXECUTED IN DUPLICATE • Bond No. 162 57 15 Bond Premium $3,525.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded John S. Meek Com,an. - Inc. 1931 North Gaffey, Street. Suite C San Pedro, CA 90731-1265 • (Name and address of Contractor) ("Principal"),a contract(the"Contract") for the work described as follows: • Seal Beach Pier Structural Rehabilitation and Repair City Protect Number 50146 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW,THEREFORE,we;the undersigned Principal,and Great American Insurance Company 750 South City Boulevard, Suite 300 0rang, CA 92868-4969 (Name and address of Surety) • ("Surety')a duly admitted surety insurer undcr the laws of the State of California,as Surety,are held and fumly bound unto the Public Agency in the penal sum of Three hundred eleven thousand nine hundred eighty and no/100 • Dollars (S 311,980.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payurcut of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed,all within the timr and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for whip rP.ceived,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of'any such change,cxtcuaiuu of lime, alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2)identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and 5 • • • • Surety, on the date act forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: December 31, 2003 •Principal" "Surety" JOHN S. MEF�K CO ANY, INC. GREAT AMERICAN INSURANCE COMPANY # Cr?-e / /By: '7/-4 f By: Rhonda C. Abel Its Its Attorney-in-Fact By: By: Its • Its • • • (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be • attached. • • • • • • • 6 CALIFORNIA ALL-PURPOSE ACOOWLEDGMENT No.5907 State of California County of Orange On December 31, 2003 before me, Patricia H.Brebner,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PATRICIA H.BREBNER Commission#1313346 1 Notary Public-California WITNESS hand and official seal. 4 -I f Orange County official �1r?ice` / • iC /•��i.�,' L� My Comm.Expinn Jul 15,2005 SIGNATURE OF NOTARY ` OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT El TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 i • CALUIFOGPI IOA ALL.PURPOSE P®SCE ACKNOWLf ®WRAC NT Ct 1 st �Q -,,Z,. ,.c, ,., t •.., -- ,,-. -- -*.<-.-16----.,c, (,.s C �--.1-tea'!'`l (C j� P State of California ''0 (` ,-- SS. jS County of ,� (e >> (. On • C c G • )Date before me, ( 4,jw � ,PTiv y�cc c, r m nil Title of Officer(b g,"Jane Doe, tar)/Public") J,A (e personally appeared ,A - I V1.c,c,4�. a Name(s)of Signer(s) • (` personally known to me • ❑ proved to me on the basis of satisfactory 9 s evidence �� (e; to be the person(s) whose name(S) is/afe >> (�; subscribed to the within instrument and ( IStAILY J•WHITE acknowledged to me that he/she/they executed _ : .- 01273w the same in his/her/thcir authorized '95 (e; .- ��. : I -Cdtga ca acit ies -. ,� p y(• ), and that by his/her-ftkeir �� c /, dm&gars 03unly signature(s)on the instrument the person(s), or '' - ass7° the entity upon behalf of which the person(s) jj (3 acted, executed the instrument. WITNESS my hand and official seal. (" Lvry �/ bl . U gnature of Notary Public (C ; (��S OPTIONAL :I l4 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 4` Title or Type of Document:(� 42/[rvlG4,cci.2/ CatA2 ,&a? &cLe ,`04212i (2114/4" ; Document Date: iCC ,3l 2 0 0 3 Number of Pages: g ( Signer(s)Other Than Named Above: A- a/61-c'..,e-- 4 Capacity(ies) Claimed by Signer ( / `f7 Signer's Name: � tvvi � lC U RIGFTjT}UN6P RIJT 4 MOFISIGI;IER • j''Individual Top of thumb here 4 5,,c orporate Officer—Title(s): (9-- ❑ Partner—❑ Limited ❑General j q ❑ Attorney-in-Fact '>> 4 ❑ Trustee '�5 (y ❑ Guardian or Conservator j� (4 0 Other: ((; Signer Is Representing: 1441,4• /l l'&)rr7-04 0. JC'''L ©1999 National Notary Association•9350 De Soto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod No 5907 Reorder:Call Toll-Free 1-800-876-6827 EXECUTED IN DUPLIIE • Bond No. 162 57 15 Bond Premium included in charge for Performance Bond PAYMENT ROND • (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to John S. Meek Company. Inc. San Pedro. CA 90731-1265 (Name and address.of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Seal Beach Pier Structural Rehabilitation and Repair City Project Number 50146 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and Great American Insurance Company 750 South City Boulevard, Suite 300 Orange, CA 92868-4969 • (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,arc held and Emily bound unto the Public Agency in the penal sum of Three hundred eleven thousand nine hundred eighty and no/100 Dollars(S 311,980.00 this amount being not less than fifty percent (50%)of the total contract price,in lawful me nvty of the.United States of America,for the payment of which stun well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors,administrators, sucoessorsor assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Coda,or any amounts due under the Unemployment • Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal cum specified in this bond;otherwise,this obligation shall become null and • void. • This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time, • alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time, alteration, addition,or modification to the terms of the 7 • • Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code i§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate parry being hereto affixed and these presents duly signed by its undersigned representativc(s)pursuant to authority of its governing body. Dated: December 31, 2003 "Principal' "Surety" • JOHN S. MEEK COMPANY INC. GREAT AMERICAN INSURANCE COMPANY . . ee. OP jI Ily: �� ��fi r,` N By: Rhonda C. Abel Its Its Attorney—in—Fact By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must he attached. • • • • • s• CALIFORNIA ALL-PURPOSE A•OWLEDGMENT No.5907 . State of California County of Orange On December 31, 2003 before me, Patricia H.Brebner,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel , NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon - behalf of which the person(s) acted, executed the instrument. k `�4 , PATRICIA H.BREBNER Commission#1313346 ! i, , Notary Public-Califomia z V")� '`� Orange County '- WITNESS y hand and official seal. My Comm.Expires Jul 15,2005f . :.--za.-.-,--:al. z. .,,.,..._,...,kv-,,L. .—, a.te..z.;__.e.) ',V 7f1L1.—erize SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • • CALDIFOf RIDA ALL.PU POSTE ACKNOWLEDGMENT ENT Ct . S-i.: S•.!n.0 ;!c. .- S!c� S!Fz,t!c.S , S,�c t ,,..n. N'sa&s-,S ..c,, c S S,.'p>S. a c!c 7 (. (` is (e; State of California ') �y ss. (' County of Q I9i /,/ilte.., 'jl Vie; On OAk . 6 POO 4 before me, (�vv�(� 'IA°'�,r. ittAA. c.ave.L, J� G DAte pp'qq�n 1,1'. e Title of Officer(e.g.,klane Doe,Noted, ubf personally appeared � ��Name(s)of Signer(s) ( ersonally known to me 4 ❑ proved to me on the basis of satisfactory j evidence I to be the person(e) whose name(%) is/ac >> (i. subscribed to the within instrument and A (; - acknowledged to me that he/she/they executed ''$ ((,1 MIRY J.WHITE the same in his/her/their authorized '>> ( ..,107 -t; MIRY �m O1 capacity(ies), and that by his/herlthEir ' ,` �"�� �- •r +� signature(s)on the instrument the person(s), or ''$ �r f''r/ L 7 the entity upon behalf of which the person (a)I Cmrnn60r�sAugY.1II&i Y P P (sV ;;: (G acted, executed the instrument. $ 4 t WITNESS my hand and official seal. •� gn of Notary Public r :�� .e (e OPTIONAL (�C'., 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. fir` Description of Attached Document ') ;A �` Title or Type of Document:( 4 vLe -.lt Sb – C,12 g'6.et, 1 %u'1 61 G- 4 Document Date: C -3 I o?0 0 3 Number of Pages: >> (r, ) '4 Signer(s)Other Than Named Above:azeoy&Sck 44-� , ; Capacity(ies) Claimed by Signer Signer's Name: . , U _ c• < RIGHTLTHMBPRINT ' OFSIGNER 4 ❑ Individual Top of thumb here ( 2 Corporate Officer—Title(s): ( ) 1.4 ❑ Partner—❑ Limited ❑General 4 ❑ Attorney-in-Fact '>> Vie: ❑ Trustee ?� ❑ Guardian or Conservator ''>> (: ❑ Other: C. n Signer Is Representing: v�(�• LLU � � 1C. jj r J 4 ✓>✓>✓4✓ice: GAG :✓4„ 4 4 4`✓:✓4„4„�: :�✓4 ✓G 4 :�: :,✓4 U4 4 G Y+.,,: %A .1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 • • ® • • • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX No.0 14039 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY a corporation organized and existing under and by virtue of the laws of the State of Ohio.does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney- in-fact,for it and in its name,place and stead to execute in behalf of the said Company.as surety,any and all bonds,undertakings and contracts of suretyship.or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power STANLEY C. LYNN RHONDA C. ABEL ALL OF ALL JAMES A. SCHALLER SUZANNE EDWARDS IRVINE, UNLIMITED JANE KEPNER CALIFORNIA NANETTE MARIELLA—MYERS • This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4th day of March, 2002 Attest GREAT AMERICAN INSURANCE COMPANY .a~ STATE OF OHIO.COUNTY OF HAMILTON-ss: On this 4th day of March, 2002 ,before me personally appeared DOUGLAS R.BOWEN.to me known. being duly sworn,deposes and says that he resides in Cincinnati.Ohio.that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company.the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal:that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1,1993. RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of there,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority:and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract or suretyship,or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1.RONALD C.HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 31st day of December , 2003 S 10297(11/01) • • TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 162 57 15 , effective December 31, 2003. In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including,but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002,we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. • • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Seal Beach Pier Structural Repair and Rehabilitation Project No. 50146 Indemnitor(s)(list all names): John S . Meek Company,Inc. To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing,nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code§ 2782(a) or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent,or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" / Name ∎∎ N • By: ///r. " „ - - . - . ,ent By: Its Its 9 • • AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall,as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation 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." - Date 1-05-04 Signature ,' 71-71---Vv 10 • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS [Business&Professions Code§ 7028.15] [Public Contract Code§20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below(required at time of award) : Business&Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars (54,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law,unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and fmality of such citations shall be subject to Sections 7028.7 to 7028.13,inclusive. Any contract awarded to,or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. (0 Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within 11 r three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code §20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to,any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. - License no.: 709151 Class: A B HA Z Expiration date: 7—31—900 5 r / / Date 1;05-04 Signature • r ' 12 • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry,maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer,official, agent,attorney, employee or volunteer of the City,is the named insured or is named as an additional insured with the Contractor in accordance with the General Provisions. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars($1,000,000)combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers,officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in the forms included in Book II. 13 • • Page Intentionally Left Blank 14 • • Insured: John S. Meek Company, Inc. Policy Number: OML99001118 January 1, 2004/05 Fireman's Fund Insurance Co. MARINE GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND WAIVER OF SUBROGATION ENDORSEMENT (BLANKET)(MGL 106) This endorsement modifies insurance provided under: Marine Comprehensive Liability Coverage Form SCHEDULE Premium: $ (included) In consideration of the additional premium shown in the schedule to this endorsement and subject to all the terms,conditions, limits and exclusions of the policy to which this endorsement is attached, it is agreed that: 1. Section IV. Of the policy(Who is an Insured)is amended to include any person or organization that you are obligated by an"insured contract"to include as Additional Insureds,but only with respect to liability arising out of"your work". 2. It is further agreed that we waive any right of recover we have against any such Additional Insured because of payments we make for"bodily injury"or"property damage"arising out of"your work"for that Additional Insured, but only to the extent of your obligation under the"insured contract". 3. All Other Terms and Conditions Remain Unchanged. MGL 106 Page 1 of 1 . . • • Insured: John S.Meek Company,Inc. Policy Number: ®.1L99,1,,u1118 January 1, 2004/05 Fireman's Fund Insurance Co. Addendum to the Certificate: 1. The insurance marketplace for Marine General Liability is highly specialized and governed by traditional London forms. 2. Our Blanket Additional Insured Endorsement is attached and includes as Additional Insured, any person or organization as required in a written contract with the Named Insured. The Insurance Carrier does not have administrative staff available to maintain individual additional insured endorsements as attachments to their policy. 3. Primary wording is included in the policy form(see attached). 4. Blanket Waiver of Subrogation is included in the attached Blanket Endorsement. 5. Aggregate Limits of Insurance apply on a Per Project Basis. • Date Issued: January 16,2004 i • • Insured: John S. Meek Company, Inc. Policy Number: OML99001118 January 1,2004/05 Fireman's Fund Insurance Co. 10. Other Insurance Protection a) This policy is excess over any other insurance under which the insured has been afforded insured status,whether primary, excess, contingent or on any other basis, whether prior or subsequent hereto, and by whomever effected,directly or indirectly covering loss or damage insured hereunder, and this company shall be liable only for the excess of such loss or damage beyond the amount due from such other insurance up to,but not exceeding,the limits of this policy as set forth in the declarations. b) When this insurance is excess, we will have no duty under this policy to defend the insured against any"suit"if any other insurer has a duty to defend the insured against that suit. If no other insurer defends, we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. c) Nothwithstanding paragraphs a. and b. above,this insurance shall be primary to any other insurance, but only: (1) With respect to"your work",and (2) When required by and to the extent of such obligation under an "insured contract". MGL 101 Page 20 of 28 • • WOR`S COMPENSATION CERTIFICATE OF INSURANCE SAS,j CITY OF SEAL BEACH has required certain insurance to be provided by Commerce&Indugtry Ins.Co and Am Prira nternational Specialty NOW TORE,the undersigned insurance company does hereby certify that it has issued the policy or pelleiea do,ddlbed below to the following named insureds and that the same are in force at this time. 1. Thing_ ate is issued to: CITY OF SEAT.BEACH,City Hall,211 EIOHHTH STREET,SEAL BEACH,CAl9 40-6379. 2. The Brilisosds tmdar such policy or policies.are: . 3. Woskisgs Compensation Policy or Policies in a form approved by the i surence Commissioner of Calitbrmia wW.D.5 all operations of the named insureds,as follows: POLICY NDj4l$ER . • VFFECTIVE'DATE EXPIRATION PATE ' WC58417�i9 " "' 0M584841L2 1L1 s4 1/1/05 4. Sal .licy or policies shall not be canceled,voided or reduced in coverage or limits of liability, unless and 21 '. days' advance written notice thereof has been served upon the City Clerk of tbc. CfIYOF :'li ArdI.A■7 • A It Its • 1 ' • entative r Re: City Job# 50146 Seal Beach pier StructuralFRehab-&Repair • • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH,CA 90740-6379. 2. The insureds under such policy or policies are: 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: Its Authorized Representative 15 . • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above,between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 16 • • 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Contractual Liability Explosion Hazard Owners/Landlords/Tenants Collapse Hazard Manufacturers/Contractors Underground Property Damage Products/Completed Operations Pollution Liability Broad Form Property Damage Liquor Liability Extended Bodily Injury Broad Form Comprehensive General Liability Endorsement 12. A deductible or self-insured retention (check one) of $ applies to all coverage(s)except: (if none, so state). The deductible is applicable per claim or per occurrence(check one). 13. This is an occurrence or claims made policy(check one). 14. This endorsement is effective on at 12:01 A.M.and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed , 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 17 • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFFICAL TITLE OF PROJECT: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: The City of Seal Beach,its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits(except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. 18 • ! TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles Truckers Coverage All Owned Automobiles Motor Carrier Act Non-owned Automobiles Bus Regulatory Reform Act Hired Automobiles Public Livery Coverage Scheduled Automobiles Garage Coverage 11. A deductible or self-insured retention (check one) of $ applies to all coverage(s)except: (if none,so state). The deductible is applicable per claim or per occurrence(check one). 12. This is an occurrence or claims made policy(check one). 13. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed , 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 19 ! • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach,its elected officials, officers,attorneys,agents,employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the"Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnifica-tion and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. 20 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Following Form Umbrella Liability 10. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 11. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 12. A deductible or self-insured retention (check one) of $ applies to all coverage(s)except: (if none, so state). The deductible is applicable per claim or per occurrence(check one). 13. This is an occurrence or claims made policy(check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed , 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 21 02..041111141t0. C E RTI RCATE OF I N S U RAN DATE(MM/DD/YY) 01/13/2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services,Inc.of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER 707 Wilshire Boulevard,Suite 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles,CA 90017 (213)630-3200 INSURERS AFFORDING COVERAGE INSURED INSURER A: FIREMAN'S FUND INSURANCE CO. John S.Meek Company,Inc. INSURER B: HARTFORD FIRE INSURANCE CO. 1931 N.Gaffey Street Suite C San Pedro,CA 90731-1265 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDD/YY) DATE(MWDDP/Y A GENERALLIABILnY OML99001118 01/01/2004 01/01/2005 EACH OCCURRENCE $ 1,000,000 ®COMMERCIAL GENERAL UABIUTY 1:1 ❑CUUMS MADE n OCCURRENCE FIRE DAMAGE(My One Fire) $ 50,000 111 MED EXP(Any One Person) $ 5,000 ❑ PERSONAL It ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPIJES PER PRODUCTS-COMP/OP AGO $ 1,000,000 ❑POLICY ❑PROJECT ❑LOC AUTOMOBILE LIABILITY 72UENIL4406 01/01/2004 01/01/2005 COMBINED SINGLE LIMIT B ®ANY AUTO (Eaaoddent) $ 1,000,000 ❑ALL OWNED AUTOS BODILY INJURY ❑ SCHEDULED AUTOS (Per Person) $ ❑ HIRED AUTOS BODILY INJURY ❑ NON OWNED AUTOS (Per dent) ®$500 DED.COMP. PROPERTY DAMAGE $500 DED.COLL. (Per accident) $ GARAGE LIABILITY AUTO ONLY—EA ACCIDENT $ ❑ANY AUTO OTHER THAN EA ACC $ ❑ AUTO ONLY AGG $ A EXCESS LIABILITY OXL 99001119 01/01/2004 01/01/2005 EACH OCCURRENCE $ 5,000,000 OCCUR ❑ CLAIMS MADE AGGREGATE $ 5,000,000 ❑DEDUCTBLE $ ❑UMBRELLA FORM $ WORKERS COMPENSATION AND ❑ WC STATU• U OTHER EMPLOYERS'LIABILITY TORY UMIT8 THE PROPRIETOR! E.L.EACH ACCIDENT $ PARTNERS/EXECUTIVE 111 INCL E .DISEASE—EA EMPLOYEE $ OFFICERS ARE ❑ EXCL E.L DISEASE—POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS JSM I JSMInc/ 4945 RE:CITY PROJECT 950146 THE CITY OF SEAL BEACH,ITS ELECTED OFFICIALS,OFFICERS,ATTORNEYS,AGENTS,EMPLOYEES AND VOLUNTEERS ARE ADDED AS ADDITIONAL INSURED FOR WORK PERFORMED BY THE NAMED INSURED. THE INSURANCE PROVIDED SHALL BE PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS AND NON-CONTRIBUTORY. CERTIFICATE HOLD ER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE CITY OF SEAL BEACH THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO DIRECTOR OF PUBLIC WORKS OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. 211 8TH ST. AUTHORIZED REPRESENTATIVE SEAL BEACH,CA 90740 fe ACORD 25-S(7/97) IOACORD CORPORATION 1988 `_, CONTRACTOR TO PRINT COMPANY NAME: BOOKIOF I CONTRACT DOCUMENTS DOCUMENTS TO SUBMIT WITH BID: BID PROPOSAL ACKNOWLEDGEMENT OF AGENDA INFORMATION REQUIRED OF BIDDER SAFTEY RECORD REFERENCES NON COLLUSION AFFADAVIT DESIGNATION OF SURETIES LIST OF SUBCONTRACTORS BID BOND FOR: SEAL BEACH PIER STRUCTURAL REPAIR AND REHABILITATION CITY PROJECT NUMBER: 50146 ,� m rniuoue�eeee�iite ... f 0(( °_°t1jer tem'leltt t Itifl P II r i it�i!{tit 111;111111K 'till :tom r ' ' 1 ,1 I �� ��Itl.it I I Approved Book I .II, I, FI ty9/0/03. By Douglas A,Dancs P.E, Director of Public Works Date These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency.Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. ww'v.sb publicworks.corn CITY OF SEAL BEACH-211 EIGHTH STREET-SEAL BEACH,CA 90740-637 1 y.r � BOOK 1 OF 11I INSTRUCTIONS TO BIDDERS 4 INFORMATION REQUIRED OF BIDDER 12 DESIGNATION OF SURETIES 19 ACKNOWLEDGEMENT OF ADDENDA 20 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 21 NON-COLLUSION AFFIDAVIT TO BE EXECUTED 23 BY BIDDER AND SUBMITTED WITH BID 23 LIST OF SUBCONTRACTORS 24 BID BOND TO ACCOMPANY PROPOSAL 25 2 II • of sta(of furnishing all components and without a license subjects the bidder `� l;c:, NOTICE hardware required for the complete to civil penalties pursuant to ;.E ,' �'j*: • INSTRUCTIONS TO BIDDERS FORM OF BID PROPOSAL: Bid proposals the Specifications, and other Contract shall be made on the bid proposal forms found Documents, and shall provide the evidence of herein. The bid proposal shall be enclosed in a insurance and furnish the required bonds as sealed envelope bearing the name of the bidder specified in the Plans, the Specifications and and the name of the project as described in the other Contract Documents, within 15 calendar Notice Inviting Sealed Bids. days after written notice of the award. In case of DELIVERY OF BID PROPOSALS: The bid the successful bidder's refusal or failure to do so, proposal shall be delivered by the time and to the the cash,check or bond,as the case may be,shall place stipulated in the Notice Inviting Sealed be forfeited to the City pursuant to Public Bids. It is the bidder's sole responsibility to see Contract Code section § 20172, except as that his bid proposal is received in proper time. provided in Public Contract Code section § Any bid proposal received after the scheduled 20174. Under Section § 20174, if the lowest closing time for receipt of bid proposals may be responsible bidder fails or refuses to execute a returned to the bidder unopened unless an contract,the City may award it to the next lowest extension has been granted by the City. Bidders responsible bidder, if it does so, the amount of or their authorized agents are invited to be the lowest bidder's security shall be applied by present. the City to the difference between the lowest and next lowest bid, and the surplus, if any, shall be MODIFICATIONS AND ALTERNATIVE returned to the lowest bidder. No bidder's bond PROPOSALS: Unauthorized conditions, will be accepted unless it conforms substantially limitations or provisos attached to a bid proposal to the form set forth as required. will render it informal and may be cause for QUANTITIES APPROXIMATE: Quantities rejection. The complete proposal forms shall be shown on the Bid Sheet, in an estimate included without inter-lineations, alterations or erasures, in the Special Provisions, or elsewhere herein unless each such correction is suitably shall be considered as approximate only, being authenticated by affixing in the margin listed for the purpose of serving as a general immediately opposite the correction the surname indication of the amount of work or materials to or surnames of the person or persons signing the be performed or furnished,and as a basis for the bid. No oral,telegraphic or telephonic proposals comparison of bids. The City does not guarantee or modifications will be considered. nor agree,either expressly or by implication,that WITHDRAWAL OF BID PROPOSAL: A bid the actual amounts required will correspond with proposal may be withdrawn upon request by the those shown,but reserves the right to increase or bidder without prejudice to himself prior to the decrease the amount of any item or portion of date and time fixed for opening of bids,provided work or material to be performed or furnished or that the request is in writing, has been executed to omit any such item or portion, in accordance by the bidder or his duly authorized with the Plans, the Specifications and other representative, and is filed with the Director Contract Documents, without in any way Public Works. No bid proposal may be invalidating the Contract, should such increase, withdrawn for a period of 60 calendar days after decrease or omission be deemed necessary or the date set for the opening of bid proposals. expedient. BIDDER'S SECURITY: In accordance with ADDENDA: The Director of Public Works Public Contract Code section § 20170 et seq., may,from time to time,issue addenda to the each bid proposal shall be accompanied by cash, Plans,the Specifications and/or other Contract a certified or cashier's check payable to the City Documents during the period of advertising for or a satisfactory bidder's bond in favor of the bids,for purposes of: (a)revising prevailing City executed by the bidder as principal and a wage scales,(b)clarifying,correcting or satisfactory admitted surety insurer as surety, in otherwise amending quantities of work under the an amount not less than 10% of the amount Plans,the Specifications or other Contract named in the bid. The cash, check or bidder's Documents,or(c)for other appropriate bond shall be given as a guarantee that the bidder purposes. shall execute the contract for the project if it is awarded to bidder in conformity with the Plans, 4 o 4110, Parties having obtained from the City the bid Specifications,Contract,and Site"of the General documents for the project shall be notified of and Provisions of these Contract Documents. furnished with copies of such addenda,either by DISQUALIFICATION OF BIDDERS: No certified mail,fax transmittal,or personal person, firm, or corporation shall be allowed to delivery,during the period of advertising at no make, file or be interested in more than one bid additional cost. for the same work, unless alternate bids are DISCREPANCIES IN PROPOSALS: The specifically called for. A person, firm or bidder shall set forth for each item of work, in corporation that has submitted a subproposal to a clearly legible figures, a unit or line item bid for bidder, or that has quoted prices of materials to a the item in the respective space provided for this bidder, is not hereby disqualified from purpose. submitting a sub-proposal or quoting prices to In case of a discrepancy between the unit price other bidders or making a prime proposal. If and the total set forth for the item, the unit price there is a reason to believe that collusion exists shall prevail, provided, however, that if the among the bidders,all bids will be rejected. amount set forth as a unit price is ambiguous, RETURN OF BID SECURITY: The unintelligible or uncertain for any cause, or is successful bidder's security shall be held until the omitted, or if the unit price is the same amount Contract is executed. Bidders' security shall be as the entry in the "Total" column, then the returned to unsuccessful bidders within a amount set forth in the "Total" column for the reasonable time but not in excess of 60 calendar item shall prevail in accordance with the days after the successful bidder has signed the following: Contract. (1) As to lump sum items, the amount set AWARD OF CONTRACT: The City reserves forth in the "Total" column shall be the unit the right to reject any or all bid proposals or any price. parts thereof or to waive any irregularities or (2) As to unit price items, the amount set informalities in any bid proposal or in the forth in the "Total" column shall be divided by bidding. The award of the Contract, if made, the estimated quantity for the item and the price will be to the lowest responsible bidder. Such thus obtained shall be the unit price. award will be within ninety calendar days after the opening of the bid proposals, except that the In case of discrepancy between words and award may be made after said period if the figures,the words shall prevail. successful bidder has not given the City written COMPETENCY OF BIDDERS: In selecting notice of the withdrawal of his bid. the lowest responsible bidder, consideration will LISTING SUBCONTRACTORS: Each bidder be given not only to the financial standing, but shall submit a list of the proposed subcontractors also to the general competency of the bidder for on this project,as required by the Subletting and the performance of the work covered by the Subcontracting Fair Practices Act(Public proposal. To this end each proposal shall be Contract Code section§4100 et seq.) A form supported by a statement of the bidder's for this purpose is found herein. experience on the form entitled "Information EXECUTION OF AGREEMENT: The bidder Required of Bidder" found herein. No to whom award of the work is made shall agreement for the work will be executed with a execute a written contract with the City in the contractor who is not licensed in accordance with form included in these contract documents and the laws of the State of California under applicable provisions of the Business and shall secure all insurance and bonds as herein provided within Professions Code, and with any applicable fifteen calendar days from the specific licensing requirements required by this date of mailing of written notice of the award. project as specified in the Contract Documents. Failure or refusal to enter into the agreement or The licensing requirements for contractors shall to conform to any of the stipulated requirements also apply to subcontractors. shall be just cause for the annulment of the award and forfeiture of the bidder's security. In BIDDER'S EXAMINATION OF SITE AND the event the bidder to whom an award is made CONTRACT DOCUMENTS: Attention is fails or refuses to execute the Agreement within directed to Section 2-7"Examination of Plans, said time,the City may declare the bidder's security forfeited,and it may award the work to 5 • the next lowest responsible bidder,or may call OTHER REQUEST FOR INFORMATION: for new bids. Where the City awards the work to Phone calls will not be accepted by the City the next lowest responsible bidder,pursuant to concerning the project three business days prior Public Contract Code section§20174,the to the bid opening. amount of the lowest bidder's security shall be SALES AND/OR USE TAXES: Except as applied to the difference between the lowest and may be otherwise specifically provided herein, next lowest bid and the surplus,if any,shall be returned to the lowest bidder. If the second all sales and/or use taxes assessed by federal, lowest responsible bidder fails or refuses to state or local authorities on materials used or execute the contract,the City may award the furnished by the Contractor in performing the work to the third lowest responsible bidder work hereunder shall be paid by the Contractor. pursuant to section§20174. CONTRACT DOCUMENTS: The Contract INSURANCE AND BONDS: The Contractor Documents consist of the Notice Inviting Sealed shall not begin work under the Agreement until it Bids,the Instructions to Bidders,the successful has given the City evidence of comprehensive contractor's bid proposal and bid sheet, public liability insurance and Workers' Contractor's Industrial Safety Record,Non- Compensation Insurance coverage together with Collusion Affidavit,List of Subcontractors, additional Insured Endorsements. The successful Bidder's Bond to Accompany Proposal, Contractor shall also furnish two (2) bonds Information Required of Bidder,Bid Security required by the State Contract Act. Each of the Forms,any and all addenda to the contract said bonds shall be executed in a sum equal to documents distributed prior to the bid opening the contract price. One of the said bonds shall date,Insurance Requirements for the City, guarantee the faithful performance of the said Performance Bond,Payment(labor and material) contract by the Contractor, and the other said Bond,Worker's Compensation Certification and bond shall secure the payment of claims for labor Certificate of Insurance,Public Works Contract, and material. Warranty Bond(as applicable),Plans,details, standard drawings,applicable permits,notices TELEPHONES: Bidders are hereby notified and affidavits,the Specifications(including the that City will not provide telephones for their use Standard Specifications and the General and at the time of receipt of bids. Special Provisions),Equal Employment MATERIAL SUPPLIER: If the firm who is Opportunity Certification,Debarment and signatory on the Contract is supplying materials Suspension Certification,Non-Lobbying only,a payment bond need not be furnished. Certification,Disclosure of lobbying Activities, Local Agency Bidder-DBE Information,Federal INTERPRETATION OF PLANS AND Contract Provisions,Federal Wage Rates and DOCUMENTS: If any person contemplating any and all applicable addenda or supplemental submitting a bid for the proposed Contract is in agreements. doubt as to the true meaning of any part of the PLANS AND STANDARD DRAWINGS: The drawings,Plans, Specifications or other Contract location of the work, the general nature and Documents, or finds discrepancies in or extent of the work and the forms and details of omissions from such documents, he may submit the various features of the work are shown on the to the Director Public Works a written request Plans. When referenced in the Contract for an interpretation or correction. The person Documents, Plans shall include the construction submitting the request will be responsible for its plans and standard drawings. prompt delivery. The Contractor shall deliver all requests a minimum of one week before the bid FAIR EMPLOYMENT PRACTICES: The opening. No requests will be accepted or Contractor shall complete and enclose with his considered after that time. Any interpretation or bid the compliance report attached to the correction of the Contract Documents will be proposal, stating that the Contractor will pursue made only by an Addendum duly issued, and a an affirmative course of action as required by the copy of such Addendum will be mailed or affirmative action guidelines. delivered to each person receiving a set of the As set forth in Labor Code section§ 1735,no bid documents. No oral interpretation of any discrimination shall be made in the employment provision in the Contract Documents shall be binding of persons upon public works because of the race,religious creed,color,national origin, 6 i • ancestry,physical disability,mental disability, whole or in part with federal Department of medical condition,marital status,or sex of such Transportation funds, City and Contractor shall persons,except as provided in Government Code comply with all applicable provisions of Title 49, section§ 12940.Every contractor for public Part 23, Code of Federal Regulations works violating this provision is subject to all of ("Participation by Minority Business Enterprise the penalties imposed for a violation of Labor in Department of Transportation Programs") and Code Div.2,Part 7,Chapter 1. Chapter 2.5 (commencing with Section 2050) of DISADVANTAGED BUSINESS Part 1 of Division 2 of California Public Contract ENTERPRISES: Where a project is funded in Code ("Certification of Minority and Women Business Enterprises") 7 DOCUMENTS TO BE EXECUTED AND SUBMITTED BY EACH BIDDER: ✓ Proposal ✓ Bid Sheet ✓ Contractors' Industrial Safety Record ✓ Non-Collusion Affidavit ✓ List of Subcontractors ✓ Bidder's Bond to Accompany Proposal ✓ Information Required of Bidder ✓ References ✓ All Addenda to Plans & Specifications as issued by Agency prior to bid opening date (if any) ✓ Equal Employment Opportunity Certification DOCUMENTS TO BE EXECUTED AND SUBMITTED BY AWARDEE: ✓ Performance Bond(s) ✓ Payment (Labor and Material) Bond ✓ Insurance Requirements for CITY OF SEAL BEACH ✓ Workers' Compensation Certification ✓ All Certificates of Insurance ✓ Public Works Contract ✓ Warranty Bond (as appropriate) Statement Acknowledging Penal and Civil Penalties Concerning Contractor's License Laws 8 • PROPOSAL Bidders Name TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (1)-this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non-Collusion Affidavit; (2)-bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal,Notice Inviting Sealed Bids and all other contract documents and information furnished therefor and the site of the proposed work; and (3)-bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials,labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership,joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership,joint venture,or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this proposal is (Insert "cash","a Cashier's Check", "a certified check",or"a Bidder's Bond in the form furnished by the City", as the case may be) in the amount of$ , an amount equal to at least ten percent (10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award,the cash,check or bond shall be forfeited to the city in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section-20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. 9 • NINO • In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees to enter into a contract to furnish all labor,materials and supplies for this project in accordance with the Specifications,Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH,to the satisfaction and under the direction of the Director of Public Works,at the following prices: BID SHEET Seal Beach Pier Structural Repair and Rehabilitation, Project 50146 BIDDERS NAME (F)=Final Pay Item Item Item Description Quantity Unit Unit Price in Words Unit Price in No. Code Estimate Numbers 1. F Pier Structural Repair and Lump LS Rehabilitation Sum Total Bid in Numbers: i$ 10 • • NOTE.The City reserves the right to award a contract in parts or in its entirety or for various alternates and reserves the right to reject all bids and re-advertise,as appears to be in its best interests of the City. A bid is required for this entire work,the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids,and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses,taxes,royalties,and fees. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts,and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that,if awarded the Contract,bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- , Class (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Business Address Business Tel.No. Signature Date Title Signature Date Title Signature Date Title If bidder is an individual,name and signature of individual must be provided,and,if he is doing business under a fictitious name,the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided,followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation,legal name of corporation must be provided,followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary,and the corporate seal. Signatures of partners,joint venturers,or corporation officers must be acknowledged before a Notary Public,who must certify that such partners,joint venturers,or officers are known to him or her to be such,and,in the case of a corporation,that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 11 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor,Company or Corporation: Business Address: Telephone and Fax Number: California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners,joint ventures,and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of The dates of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows: 12 410 All current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary)provide: Provide the names,addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. Have you ever had a contract terminated by the owner/agency?If so,explain. Have you ever failed to complete a project?If so,explain. Have you ever been terminated for cause and then had it converted to a"termination of convenience"? If so,explain. For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One 1. By you against the owner? Yes/No 2. By the owner against you? Yes/No 13 6140 '1110 • 3. By any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls,etc..) 4. Yes/No 4. By Subcontractors(Stop Notices,etc.) Yes/No 5. Are any claims or actions unresolved or outstanding? Yes/No If yes to any of the above,explain. (Attach additional sheets,if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Subscribed and sworn to before me By This day of ,20 (print name of Owner or President of Corporation/Company) (Signature of Notary Republic) (Signature) (Title) (SEAL) (Date) (Signature of Secretary of Corporation) 14 • REFERENCES: Contractor must use this form!!! Please print or type. Bidders Name FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of$15,000,provide the following information: 1 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount$ Final Contract Amount$ If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. 2 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount$ Final Contract Amount$ If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. 15 0 3 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount$ Final Contract Amount$ If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. 4 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount$ Final Contract Amount$ If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. 16 • • 5 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount$ Final Contract Amount$ If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. 6 Project Name/Number Project Description Approximate Construction Dates From to Agency Name Contact Person Telephone( ) Original Contract Amount$ Final Contract Amount$ If final amount is different from original,please explain(change orders,extra work,etc.) Did you file any claims against the Agency?Did the Agency file any claims against you/Contractor?If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. 17 Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. 18 • DESIGNATION OF SURETIES Bidders name Provide the names. addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance'bond type): 19 ACKNOWLEDGEMENT OF ADDENDA Bidders name The bidder shall signify receipt of all Addenda here,if any: Addendum No. Date Received Signature 20 410 CONTRACTOR'S LNDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five(5)Full Years Current Year of Record Current 2 2 2 1 Year of 0 0 0 9 9 Total Year Record No.of contracts Total dollar Amount of Contracts (in Thousands of$) No.of fatalities No. of lost Workday Cases No.of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10,Occupational Injuries,Summary--Occupational Injuries and Illnesses,OSHA No. 102. Legal Business Name of Bidder Business Address: Business Tel.No.: State Contractor's License No.and Classification: Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 21 isov If bidder is an individual,name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided,followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 22 • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )SS. County of , being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid, in accordance with Public Contracts Code Section 7106, declares that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership, company, association, organization,or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded, conspired,connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit, or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true;and,further,that the bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof, or the contents thereof or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Project Name: Legal Business Name of Bidder Business Address Business Tel.No. Signature of bidder Title Date: Signature of bidder Title Date: Subscribed and Sworn to before me on (Notary Seal) Signature Notary Public 23 ,roo LIST OF SUBCONTRACTORS TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Code Section-4104, the undersigned bidder submitting this bid proposal sets forth the name, place of business and the portion of the work to be performed by: (1)-each subcontractor who will perform work or labor or render service to the bidder (as general contractor) in or about the construction of the work or improvement; and (2)-each subcontractor licensed by the State of California who, under subcontract to the bidder, 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 one percent of the bidder's total bid or, in the case of bids or offers for the construction of streets, highways or bridges, in excess of one-half of one percent of the bidder's total bid or ten thousand dollars($10,000),whichever is greater. Subcontractor's Name, Address, Bid Percent Description of Work Percent of Telephone# Item Of Total Total Bid Number Bid • 24 • Bond No. Bond Premium BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has issued an invitation for bids for the work described as follows: WHEREAS (Name and address of Bidder) ("Principal"),desires to submit a bid to Public Agency for the work. WHEREAS,bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW,THEREFORE,we,the undersigned Principal,and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars($ ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and,within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys'fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code§ 2845. 25 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: "Principal" Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 26 4100 CONTRACTOR TO PRINT COMPANY BOOK II OF III NAME: CONTRACT DOCUMENTS DOCUMENTS TO SUBMIT UPON AWARD: PUBLIC WORKS CONTRACT ACKNOWLEDGEMENT OF LICENSE LAW PERFORMANCE BOND WORKMEN'S COMPENSATION PAYMENT BOND CERTIFICATE INDEMNIFICATION AND HOLD INSURANCE REQUIREMENTS HARMLESS LABOR LAW REQUIREMENTS FOR: SEAL BEACH PIER STRUCTURAL REPAIR AND REHABILITATION CITY PROJECT NUMBER: 50146 .,.... . ,,,, . ,_...,... k A _.y P N . i tw . ,1i 11i 1111111111711111111111 1 --.,,,t,-,F--_ uuUitnimi nlll) 1[111 ._ 'I, ''':,i ;1! I ( ,1..11l w :141,1iUii1illfl h I.%; I � i These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency.Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH-211 EIGHTH STREET-SEAL BEACH,CA 90740-6379. 1 { 4.9BOOK II OF III 1 CONTRACT DOCUMENTS 1 DOCUMENTS TO SUBMIT UPON AWARD: 1 PUBLIC WORKS CONTRACT 3 PERFORMANCE BOND 5 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION 9 AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS 10 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS 11 INSURANCE REQUIREMENTS 13 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE 15 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 16 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 18 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 20 2 • • PUBLIC WORKS CONTRACT Seal Beach Pier Structural Repair and Rehabilitation—PROJECT NO.50146 For the following project named ,in the City of Seal Beach. THIS AGREEMENT, made and entered into this day of 200_, by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and hereinafter designated as the"CONTRACTOR,"Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE L For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY,the CONTRACTOR agrees with said CITY to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings,and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out.of the nature of the work aforesaid,or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE M. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid,and hereby contracts to pay the same,at the time,in the manner and upon the conditions set forth in the Specifications and Contract Documents,and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids,the Proposal,the Specifications,and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids,are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VL By my signature hereunder,as CONTRACTOR,I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation 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. 3 LN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year fust above written. CITY OF SEAL BEACH,CALIFORNIA Party of the First Part BY City Manager ATTEST: City Clerk BY CONTRACTOR-Party of the Second Part Title Address 4 VIP 'mew Bond No. Bond Premium PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and 5 Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 6 • S Bond No. Bond Premium PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to (Name and address of Contractor) ("Principal").a contract(the"Contract")for the work described as follows: WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety,are held and firmly bound unto the Public Agency in the penal sum of Dollars($ this amount being not less than fifty percent (50%)of the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration, addition,or modification to the terms of the 7 Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 8 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Seal Beach Pier Structural Repair and Rehabilitation Project No. 50146 Indemnitor(s)(list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments,penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly,out of, in connection with,resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers,agents, servants or employees, arising or claimed to arise,directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing,nothing in this instrument shall be construed to encompass (a) Indemnitees'sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code§ 2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name Name: By: By: Its Its 9 4110 AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720,1773.8,1775,1776,1777.5, 1813,1860,1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars($50) for each calendar day,or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall,as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation 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." Date Signature 10 • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS [Business&Professions Code§7028.15] [Public Contract Code§20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below(required at time of award): Business&Professions Code§ 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture,each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor,or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law,unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and fmality of such citations shall be subject to Sections 7028.7 to 7028.13,inclusive. Any contract awarded to,or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within 11 three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§ 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.: Class: Expiration date: Date Signature 12 • • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry,maintain,and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer,official, agent,attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with the General Provisions. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars($1,000,000)combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers,officials or volunteers of either,in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in the forms included in Book.II. 13 *110 Page Intentionally Left Blank 14 • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall,211 EIGHTH STREET, SEAL BEACH,CA 90740-6379. 2. The insureds under such policy or policies are: 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 4. Said policy or policies shall not be canceled,voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: Its Authorized Representative 15 S ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents,employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or permit(s) designated above,between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 16 e 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Contractual Liability Explosion Hazard Owners/Landlords/Tenants Collapse Hazard Manufacturers/Contractors Underground Property Damage Products/Completed Operations Pollution Liability Broad Form Property Damage Liquor Liability Extended Bodily Injury Broad Form Comprehensive General Liability Endorsement 12. A deductible or self-insured retention (check one) of $ applies to all coverage(s)except: (if none, so state). The deductible is applicable per claim or per occurrence (check one). 13. This is an occurrence or claims made policy(check one). 14. This endorsement is effective on at 12:01 A.M.and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed , 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 17 0 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFFICAL TITLE OF PROJECT: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: The City of Seal Beach,its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. 18 TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles Truckers Coverage All Owned Automobiles Motor Carrier Act Non-owned Automobiles Bus Regulatory Reform Act Hired Automobiles Public Livery Coverage Scheduled Automobiles Garage Coverage 11. A deductible or self-insured retention (check one) of $ applies to all coverage(s) except: (if none,so state). The deductible is applicable per claim or per occurrence(check one). 12. This is an occurrence or claims made policy(check one). 13. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed , 19_ Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 19 • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured"): Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach,its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the"Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnifica-tion and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. 20 • 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Following Form Umbrella Liability 10. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 11. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 12. A deductible or self-insured retention (check one) of S applies to all coverage(s)except: (if none, so state). The deductible is applicable per claim or per occurrence(check one). 13. This is an occurrence or claims made policy(check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed , 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 21 `w IOW' 4 BOOK 111 OF 111 CONTRACT DOCUMENTS GENERAL AND SPECIAL PROVISIONS, APPENDIX FOR: SEAL BEACH PIER STRUCTURAL REPAIR AND REHABILITATION CITY PROJECT NUMBER: 50146 ..... ti a s, • ' d � J jt ,ti ;. {� ill III nffntlt1111t1!lllltl 1 • k� �!l i ' ;'l, f` Ii_nnufalfef.. . --.11l _ '' it ... ..' ,, ,... ,,,` ti ,1 , 7 1 ...,...,,, 1 , 1 1 I 1 41 I 1,11 1 i it. i.,4 k... 1 4 immi p�.�p�ill _ .' -lam } ' „R • ` These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency.Any reuse of these plans and specification by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH-211 EIGHTH STREET-SEAL BEACH,CA 90740-6379 SECTION 1000 GENERAL PROVSIONS • • 1000 PROVISIONS:GENERAL E O ISIONS: The General Provisions which shall apply to this contract shall be the City of Seal Beach. General Provisions Applicable to all Public Works Construction Contract Documents, February 2001. If not included as an attachment in these Contract Documents, the Contractor may obtain for five dollars and pick up at Engineering Division at City Hall 2nd Floor Counter 211 8t Street Seal Beach CA 90740 SECTION 2000 BLANK SECTION 3000 BLANK SECTION 4000 SPECIAL PROVISIONS r SPECIAL PROVSIONS GENERAL PROVISIONS: 4001 PROJECT TITLE. The General Provisions which shall apply to this The project title is contract shall be the City of Seal Beach,General Seal Beach Pier Structural Repair and Provisions Applicable to all Public Works P Construction Contract Documents, February Rehabilitation,Project No. 50146 2001. All documents submitted by the Contractor shall If not included as an attachment in these contain both the project title and project number Contract Documents, the Contractor may obtain as specified in this section. for five dollars and pick up at: Engineering Division at City Hall 4002 THE REQUIREMENTS. 2 Floor Counter m All work embraced herein shall be accomplished 2118 Street Seal Beach CA 90740 in accordance with the applicable portions of: "Greenbook"Standard Specifications Whenever another part of any of the Special are referred to in these Contract Provision Sections refer to any General Documents it shall be"Standard Provisions sections of either the"Greenbook"or Specifications for Public Works Caltrans Standard Specifications, it shall be Construction,2000 edition,published understood that the City of Seal Beach, General by Building News,Inc.,3055 Overland Provisions Applicable to all Public Works Avenue,Los Angeles,California 90034 Construction Contract Documents, February and 2001 govern in case of discrepancy or conflict. Standard Specifications dated July 4000 SPECIAL PROVISIONS 1999,and the Standard Plans dated July 1999,of the California Department of The following minimum requirements will be Transportation herein referred to as required for all projects (located in the City of "Caltrans Standard Specifications", Seal Beach's Local Implementation Plan,L.I.P.) except as modified by the General and "Sediments from areas disturbed by construction Special Provisions and the Project shall be retained on site using an effective Plans combination of erosion and sediment controls to the maximum extent practical, and stockpiles of In addition to the above, the Contractor shall soil shall be properly contained to minimize comply with the requirements of the following sediment transport from the sites to the streets, "Contract Documents" including but not limited drainage facilities or adjacent properties via to: runoff,vehicle tracking,or wind." BOOK I "Construction-related materials, waste, spills or Bid Proposal residues shall be retained on site to minimize Notice Inviting Bids transport from site to streets, drainage facilities, Instruction to Bidders or adjoining property by wind or runoff." Information Required Of Bidder The above requirements shall be achieved by References implementing Best Management Practices Designation Of Sureties (BMP's), which will be included with contract Acknowledgement Of Addenda documents. Contractor's Safety Record All projects must be listed as Priority or Non- Non Collusion Affidavit priority and a water quality compliance form List Of Subcontractors must be filled out and signed by the contractor. Bid Bond The City of Seal Beach L.I.P. is available for public review at the City of Seal Beach, City Engineers office, located at 211 86 Street, Seal Beach,CA. 90740 jot BOOK H on Sunday, or any leiholiday without the Public Works Contract Engineer written consent given after prior Performance Bond written notice from the Contractor. Additional Payment Bond compensation will be paid to the Contractor for Indemnification And Hold Harmless overtime work only in the event that extra work Labor Law Requirements is ordered by the Engineer, and the Change Acknowledgement Of License Law Order specifically authorizes the use of overtime Workmen's Compensation Certificate work and then only to such extent as overtime Insurance Requirements wages are regularly being paid by Contractor for overtime work of a similar nature in the same BOOK III locality. General Provisions and Special Provisions All costs of inspection and testing performed by Contract Plans and Drawings Standard Drawings the Engineer or its authorized representative before 7:30 a.m.or after 4:30 p.m.on any regular working day, or all day on Sunday, or any legal OTHER Addenda to Contract Documents distributed holidays by the Contractor which is allowed for to the bid opening the convenience of the Contractor shall be borne prior Applicable permits,notices and affidavits by the Contractor at the City's standard overtime Applicable addenda or supplemental agreements rates. The Engineer shall have the authority to deduct the cost of all such inspection and testing 4003 DESCRIPTION OF WORK: from any partial payments otherwise due the Contractor. Unless otherwise specified in the The Contractor shall furnish all necessary Contract Documents,the Contractor shall furnish materials, labor, equipment and other incidental and assume full responsibility for all materials, and appurtenant work necessary for the proper equipment, labor, transportation, construction construction of this project, including but not equipment and machinery, tools, appliances, limited to fabrication and installation of the fuel, power, light, heat, telephone, water, modifications to the existing fender system for sanitary facilities, and incidentals necessary for the boat landing, furnishing all components and the furnishing,performance,testing,start-up,and hardware required for the complete fender completion of the Work. system, supplying and installing signs, furnishing and installing timber pile wrap, grounding electrical system and equipment, 4007 LIQUIDATED DAMAGES: fabricating and installing miscellaneous metal for The amount of liquidated damagesfor this the pier, furnishing, fabricating, treating and project is $800 per day for each and every installing the stringers, cross bracing, decking, working day of delay in fmishing the work in handrail,benches,and other carpentry work. excess of the number of days prescribed in the contract. Refer to Section 6-9 of the Special 4004 BLANK Provisions for further information. For each consecutive calendar day in excess of the time 4005 CONTRACT TIME specified for the completion of the work, the The Contractor shall complete the work within contractor shall pay to the agency, or have 50 working days from the date specified within withheld from monies due it, the sum of$800, the Notice tä Proceed. Working Days will be unless otherwise provided in the Specifications. counted from the date of the Notice to Proceed. Failure of the contractor to substantially comply with the requirements of this article may be considered grounds for termination by the 4006 TIME OF WORK: owner, that the contractor is failing to prosecute The allowable hours of work shall only be the work with such diligence as will ensure its performed between the hours of 7:30 a.mto completion within the time specified, and will 4:30 p.m. Monday through Friday unless constitute grounds for termination by the Owner otherwise specified within these Special for cause. Provisions included herewith, and/or directed or approved by the City Engineer. Except in 4008 SCHEDULE connection with the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise 4008.1 BASELINE SCHEDULE indicated in the Contract Documents,all Work at REQUIREMENTS: the site shall be performed during regular Within 10 days after approval of the contract, working hours, and the Contractor will not Contractor shall submit baseline schedule to the permit overtime work or performance of Work Resident Engineer. The baseline project schedule shall have a data date oSie first working Critical Path—In a pro t network,the sequence day of the contract and shall not include any of activities yielding the longest path in CPM completed work to-date. The baseline schedule analysis necessary to complete the project. shall be practicable; include the entire scope of work; meet interim target dates, milestones, Critical Path Method (CPM) — A mathematical calculation method using the sequence of stage construction requirements, and internal activities and their interrelationships, time constraints; show logical sequence of interdependencies, resources and durations to activities; and shall not extend beyond the determine the critical path that shows the number of working days originally provided in these Special Provisions. An early completion expected time to complete a project. schedule will be accepted provided that Data Date—The day after the date through which schedules meets the requirements of these progress updates have been calculated; Special Provisions and the Standard everything occurring earlier than the data date is Specifications. "As-Built," and everything on or after the data The cost for furnishing the schedule and any date is"Planned." related item for its completion shall be Early Completion Time—The difference in time considered as included in the bid price paid for between the contract completion date and the the various contract items of work and no current City accepted scheduled completion date. additional compensation will be made therefore. Excusable Delay—A delay as defined in Section 8-1.07, "Liquidated Damages." Of the Standard 4008.2 PROGRESS SCHEDULE Specifications where the Contractor may be granted an extension of time commensurate with (CRITICAL PATH) the provisions in Section 8-1.06, "Time of Progress schedules will be required for this contract and shall conform to the requirements of Completion,"of the Standard Specifications with no entitlement for adjustment in compensation. these special provisions. Progress schedules shall utilize the Critical Path Method (CPM). Float — The amount of time between the early Contractor's attention is directed to start date and the late start date or the early finish "Cooperation" and "Obstructions" elsewhere in date and the late finish date of any activity or these special provisions.Nothing in these special group of activities in the network. provisions shall be construed as relieving the Free Float — The amount of time an activity can Contractor from the responsibilities specified in be delayed before delaying a subsequent activity. Section 7, "Legal Relations and Responsibility," of the Standard Specifications. Fragment—A section or fragment of the network shall diagram comprised of a group of activities. Definitions — The following definitions apply to these special provisions: Milestone — A marker in a network which is Activitytypically used to mark a point in time or denote —Any task or item of work that shall be the beginning or end of a sequence of activities. performed in order to complete a project. A milestone has zero duration and zero Baseline Schedule — The initial CPM progress resources, but will otherwise function in the schedule as accepted by the Engineer network as if the milestone were an activity. representing the Contractor's original work plan. Narrative Report — A report that identifies Concurrent Delay — Two or more delays on the potential problem areas, current and anticipated critical path that occur at the same time. delaying factors and their impact, actions taken or proposed,proposed changes in schedule logic, Contract Completion Date — The date the extension or contraction of activities, proposed Contractor is contractually obligated to complete addition or deletion of activities, explanation for the project, including any authorized changes in the critical path, explanation for adjustments, as specified in Section 8-1.06, changes in scheduled completion date, out of "Time of Completion," of the Standard sequence work, and any other topics related to Specifications. job progress or scheduling. Contractor Delay—A delay that extends the time Near Critical Path — A path having 10 working required to complete a controlling operation days or less of total float. caused by and within the control of the Contractor, his subcontractor at any tier or Punch List—A list of details needing attention to suppliers. complete task or work for both contract item and extra work. Controlling Operation — A feature of work or activity on the critical path. Schedule Revision — A change in the future portion of the schedule that modifies logic; alters construction sequences such as performing sequential activities coerrently or shall contact the affect9tility companies for concurrent activities sequentially;adds or deletes information regarding identification, location, activities or significantly alters activity and depth of underground utilities. durations, as determined or accepted by the Engineer. It is the Contractor's responsibility to notify and coordinate with any utility company for any Scheduled Completion Date — The Contractor's work that will be needed to be performed by the scheduled completion date as shown on the utility company for the Contractor to complete accepted baseline schedule as modified by its work. Attention is directed to any location subsequent accepted schedule updates and where pull boxes will need to be raised to match revisions. City Delay — A delay that is the level of the concrete improvements. attributable solely to the City is beyond the control of the Contractor and extends the time required to complete a controlling operation. City Owned Float Activity — The activity Underground Service Alert (USA): (800)422- documenting a time saved on the critical path by 4133 contract changes or other actions of the City, except contract change orders that result from Engineering and Inspection: City of Seal significant Contractor development and Beach, 211 8 Street, Seal Beach CA 90740 investment (562)431-2527 Time Impact Analysis — An analysis Water: Seal Beach Water Department, 1776 demonstrating the estimated time impact of a Adolfo Lopez Drive, Seal Beach CA 90740 contract change order, delay or other event on (562)493-8660 ext 433 the scheduled completion date. Electrical Services: Southern California Edison, Total Float—The amount of time that an activity 7333 Bolsa Avenue, Westminster CA 92646, may be delayed without delaying the scheduled (714)835-3833 completion date. Long Beach Public Transportation Co., 1300 Update — The routine modification of the CPM Gardenia Avenue,Long Beach,CA 90801. progress schedule through a regular monthly Telephone Service: General Telephone review to incorporate actual past progress to date Company, 1778 East 20th Street, Long Beach by activity, projected completion dates, and CA 90806,(310)437-0111 approved time adjustments. Gas Service: Southern California Gas Company, P.O. Box 3334, Anaheim CA 92803, (714) 538- 4009 CONFERENCE: 0211 The Resident Engineer shall arrange a pre- Trash Service: Briggeman, P.O. Box 3237, Los construction meeting with the Contractor which Alamitos CA 90720,(562)598-8729 shall be held a minimum of five Calendar Days Cable Service: Comcast Cablevision, 13922 prior to commencement of any work. Seal Beach Blvd.,Unit A,Seal Beach CA 90740, (562)493-5843 4010 REQUIRED SUBNIITALS: Sanitary Sewers Seal Beach Sewer Department, Within 5 calendar days prior to commencement 1776 Adolfo Lopez Drive,Seal Beach CA 90740 of any work, the Contractor must submit the (562)493-8660 ext.432 following: Selected Sewer Transmission Mains: Orange Traffic Control Plans, Emergency Contractor County Sanitation District, PO BOX 8127, Numbers, Water Quality Management Plan, Fountain Valley CA 92728,(714)962-2411 Preliminary Project Schedule,Designation of on site superintendent, Designation of Project Manager. 4012 NOTIFICATION: The Contractor shall give written and reasonable notice to occupants or owners of property 4011 UTILITIES: adjacent to the construction site at least 48 hours It is anticipated that these existing utilities will prior to the beginning of construction in their not interfere with the Contractor's construction respective areas. The notification shall include operations. However, it shall be the the date and time of street closures, parking and responsibility of the to determine the true traffic access information and requirements, location of any existing utilities and exercise due altered postal delivery times, and precautionary care to ensure that these utility facilities are not information regarding the work. damaged during his operations. The Contractor 410 • At least 4 Calendar Dam advance of street closures, all emergency services, public 4016 CONTRACTOR'S PROJECT transportation services, garbage collections services, and school bus services shall be MANAGER: notified by the Contractor in writing of the The Contractor shall designate in writing and locations,time and date of the closure. In case of keep available during its process a competent, schedule changes, the emergency services, etc., technically qualified project manager, who shall shall be notified by telephone at least 2 days in not be replaced without written notice to the advance of the street closure. Engineer except under extraordinary circumstances. The Contractor's project manager Seal Beach Police Department: (562)431-2541 shall be responsible for overall administration Orange County Fire Authority:(714)538-3501 and coordination of the work, including but not limited to processing of schedules, discussion of OCTA: (714)560-6282 change orders and extra work and coordination City of Seal Beach,Engineering Division: and distribution of the Daily Reports. The Engineer shall have the right, at any time, to (562)431-2527 ext.317 direct a change in the Contractor's project manager, if the performance is unsatisfactory, as determined by the Engineer, in its sole 4013-BLANK discretion. 4017 OUTSIDE WORK: 4014-BLANK The Contractor shall perform no outside or private works utilizing materials from the City's 4015 MOBILIZATION: Contract. Mobilization shall conform to the provisions in section 11 " Mobilization" of the Caltrans 4018 SELECTED MATERIALS: Standard Specifications. Mobilization shall Existing materials excavated within the project include the obtaining of all bonds, insurance,and limits that meet the specifications for trench permits, moving onto the site of all equipment; backfill, topsoil, or other selected materials may all as required for the proper performance and be used to fulfill all or a portion of the completion of the Work. Mobilization shall requirements for such materials. No additional include but not be limited to the following items: compensation will be allowed for excavation, 1. Obtaining and paying for all required bonds, stockpiling, overhaul, or placing selected insurance,and permits. materials encountered in the excavation. 2. Moving on to the site of all Contractors' plant and equipment required for the first week's operation. 3. Submittal of detailed Preliminary Construction Schedule. 4. Submittal of Initial Construction Schedule, embodying all corrections required by the Engineer. No payment for mobilization can be made until the Engineer has approved the schedule in writing. 5. Arranging for and/or the erection of Contractor's work and storage yard. 6. Submittal and City approval of any required Contractor notices,door hangers,forms etc... 7. Posting all OSHA, CDBG and all other required notices as determine by the Engineer. Payment for Mobilization will be made in the form of a single, lump-sum, non-proratable payment, no part of which will be approved for payment under the Contract until all mobilization items listed herein have been completed as specified. SECTION 5000 SPECIAL & TECHNICAL PROVISIONS %101 `1110 INDEX TO SPECIAL PROVISIONS September 17, 2003 SEAL BEACH MUNICIPAL PIER REPAIR These Special Provisions supplement and modify the Standard Specifications for Public Works Construction. SECTION DESCRIPTION Division 2 - Site Construction 02488 Fender System 02525 Signage Division 5 — Metals 05505 Miscellaneous Metals Division 6 —Wood 06100 Rough Carpentry 06910 Timber Pile Protection Division 15 — Mechanical 15050 Basic Mechanical Materials and Methods 15060 . Hangers and Supports 15110 Valves 15430 _ Plumbing Specialties Division 16 — Electrical 16050 Basic Electrical Materials and Methods 16060 Grounding and Bonding 16130 Raceways and Boxes 16442 Panel Boards Project No. 50146 Special Provisions-1 +rr► SEAL BEACH PIER REPAIRS TABLE OF CONTENTS SECTION 1 DESCRIPTION Division 2 - Site Construction 02200 Site Work and Controls 02461 Timber Piles 02488 Fendering System 02491 Timber Work Division 5 — Metals 05500 Metal Fabrications Division 6 — Wood 06100 Rough Carpentry 06910 Timber Pile Wrap Division 9 — Finishes 09910 Metal Paints and Coatings Division 15 — Mechanical 15050 Basic Mechanical Materials and Methods 15060 Hangers and Supports 15110 Valves Division 16 — Electrical 16050 Basic Electric Materials and Methods 16060 Grounding and Bonding 16130 Raceways and Boxes Section 02488 FENDER SYSTEM September 17, 2003 PART 1 - GENERAL 1.01 SUMMARY A. The work under this Section consists of the fabrication and installation of the modifications to the existing fender system for the boat landings. B. The Contractor shall furnish all components and hardware required for the complete fender system and the fender pile chafing strips. C. The complete assembly for the fender system shall satisfy the requirements specified herein. Each individual fender system shall include the following components: 1. Rubber fender element 2. Weight support chains 3. Fender Pile tie-back chains 4. Steel fabrications 5. Fender Pile Chafing Strips 6. Bolts, nuts, washers, and hardware 1.02 REFERENCES A. All work shall be in accordance with the following Standards. American Society for Testing and Materials (ASTM) ASTM A 36 Structural Steel ASTM A 123 Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products ASTM A 153 Zinc Coating (Hot-Dip) on Iron and Steel Hardware ASTM A 307 Carbon Steel Bolts and Studs 60,000 psi Tensile Strength ASTM A 413 Carbon Steel Chain ASTM D 395 Test Method for Rubber Property Compression Set ASTM D 412 Test Method for Vulcanized Rubber Property and ASTM D 573 Test Method for Rubber- Deterioration in Air Oven Project No. 50146 02488-1 Section 02488 FENDER SYSTEM September 17, 2003 ASTM D 624 Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic Elastomer ASTM A 785 Test Method for Rockwell Hardness of Plastics and Electrical Insulating Materials ASTM A 792 Test Method for Specific Gravity and Density of Plastics by Displacement ASTM A 1044 Test Method for Resistance of Transparent Plastics to Surface Abrasion ASTM A 1894 Test Method for Static and Kinetic Coefficients of Friction of Plastic Film and Sheeting ASTM D 1171 Rubber Deterioration-Surface Ozone Cracking, Outdoors or Chamber(Triangular Specimens) ASTM D 2137 Rubber Property— Brittleness Point of Flexible Polymers and Coated Fabrics ASTM D 2240 Test Method for Rubber Property-Durometer Hardness American Welding Society (AWS) AWS D1.1 Structural Welding Code-Steel American Institute of Steel Construction (AISC) AISC Specification: Design, Fabrication and Erection of Steel for Building and Bridges. 1.03 QUALITY ASSURANCE A. Rubber Fender Elements The rubber fender elements shall be extruded of rubber, homogeneous and free from any defects, impurities, pores, or cracks. B. Welding Welding shall conform to the requirements of AWS D1.1. All welders shall be qualified by AWS D1.1. The contractor shall submit evidence of the qualifications of welders. Project No. 50146 02488-2 4011, Section 02488 FENDER SYSTEM September 17, 2003 C. Installation, Handling, and Storage Installation methods shall be in accordance with the fender manufacturer's recommendations. All chains shall be adjusted to firmly hold the rubber element against and centered on the steel beam. Store the material in a manner that will prevent distortion or other damage. Store material in a clean, properly drained location, out of direct contact with the ground. 1.04 SUBMITTALS A. Submit the following for approval: 1. Certified performance curves for the rubber elements. 2. Certified test report or certificate of conformance, furnished by the manufacturer's testing laboratory or independent testing agency, attesting that the products furnished under this specification meets the requirements herein. 3. Shop drawings showing complete fender assemblies and locations, chains, connections to steel beams, details of connections, chain adjustment methods, protective coating, etc. Shop drawings for the chafing strips. 4. Catalog cuts for rubber elements, chain, hardware, chafing strips, etc. PART 2 - PRODUCTS 2.01 MATERIALS A. Rubber Fender Elements Rubber Fender Elements shall be one of the following models or approved equal: 1. Square Extruded Fender, manufactured by Bridgestone Tire Company, Ltd, 2. Square Extruded Fender Part No. F5-2000, manufactured by Sveldala Project No. 50146 02488-3 11110 V Section 02488 FENDER SYSTEM September 17, 2003 Trellex. 3. Square Extruded Fender, Type SC Fender without 1 9/16" holes for mounting bolts, manufactured by Maritime International. B. Structural steel shapes and plates shall conform to ASTM A 36 C. Chain shall be of welded steel conforming to ASTM A 413 D. Bolts shall conform to ASTM A 307 E. Nuts shall be A563, grade A, heavy hex F. Chafing Strips shall be factory formed Ultra High Molecular Weight (UHMW) Polyethylene. The coefficient of friction shall be no more than 0.25. The abrasion value shall be between 90 and 120. Color shall be black. 2.02 FABRICATION A. Structural Steel Design and fabrication shall conform to AISC Specification and Code. All welding and welded joint details shall conform to AWS D1.1. All faying surfaces shall be seal welded. Drain holes shall be provided to eliminate water collection. Structural steel shall have a minimum thickness of 3/8 inch (10 mm). B. Chains The chain assemblies shall consist of shackles, turnbuckles, and chains. The Contractor shall furnish all hardware required for attaching the chain assemblies to the steel beam. All links and connecting hardware shall have a capacity exceeding 125 percent of the ultimate strength of the chains. Chains shall have provisions for field adjustment using small hand tools. C. Chafing Strips Chafing strips shall be shop formed or molded to conform to the shape of the existing fender piles. The inside radius of the chafing strip shall match the outside radius of the pile within a tolerance of'/ inch plus or minus. The minimum length of chafing strip sections is eight feet. Project No. 50146 02488-4 4of 410 Section 02488 FENDER SYSTEM September 17, 2003 2.03 PROTECTIVE COATING A. Galvanizing All chains and hardware shall be hot dip galvanized to ASTM A 153, except that threaded parts may be mechanically galvanized in accordance with the material standard for the part. Steel plates and structural shapes shall be hot dip galvanized to ASTM A 123. Each Item shall be hot-dipped zinc coated (galvanized) to not less than two ounces per square foot of surface area. Components of bolted assemblies shall be galvanized before assembly. B. Painting Where existing painted steel is damaged and where holes are drilled in the steel HP 14 beams, coat the surface with two or more coats of a protective system designed for prolonged exposure to splash-zone marine use (salt water). The coating system shall be one of the following : 1. Biodur 560, as manufactured by Thin Film Technology, Houston, TX 2. Permox 9043, Type I as manufactured by Permite Corporation, Atlanta, GA 3. Alocit 28.15, as manufactured by Warfield Company, Broomall, PA The coating shall be prepared and applied according to coating manufacturer's written instructions and shall have a total dry film thickness of 18 to 22 mils. The finished coat shall be free of sags, voids, pinholes, and orange peel and resistant to impact and abrasion. The proposed paint system and color shall have the Engineer's approval. C. Sealing Timbers and Piles Where existing timbers or piles are cut, drilled, or damaged, seal the exposed wood with an approved sealant suitable for prolonged exposure to splash- zone marine use. Also use the same product to seal the holes left in the piles when the existing chafing plates are removed. Project No. 50146 02488-5 Section 02488 FENDER SYSTEM September 17, 2003 PART 3 - EXECUTION 1.01 GENERAL A. Fabricate and install all steel in accordance with the AISC Specification. B. Install the fender system according to the plans, specifications, and the fender manufacturer's recommendations. 1.02 FIELD BOLTING A. Holes in existing steel shall be drilled, not burned. B. Coat the inside of drilled holes with the Painting System specified in PART 2 — PRODUCTS. 1.03 FENDER SYSTEM INSTALLATION A. Adjust weight support chains to remove any sag and to hold the rubber fender squarely against the steel beam. The height of the Fender Support Plate shall be coordinated with the links of chain to provide a tight assembly. The height shall be determined by the contractor prior to submitting the shop drawings. The shop drawings shall show the relationship between the fender, fender support bars, fender support chains, and the fender support plate. B. Adjust the tie-back chains to remove any sag and to hold the fender pile tightly against the rubber fender. In addition to the u-bolt adjustment shown on the plans, the contractor may provide adjustable links in the chain. 1.04 FENDER PILE CHAFING STRIP INSTALLATION A. Lag bolts for attaching chafing strips to existing piles shall be installed according to Specification Section 02491 TIMBER WORK. - END OF SECTION - Project No. 50146 02488-6 111, w Section 02525 SIGNAGE September 17, 2003 PART 1 - GENERAL 1.01 SUMMARY A. The work under this Section includes supplying and installing signs as indicated on the drawings and specified in these Special Provisions. 1.02 REFERENCES A. All work shall be in accordance with the following Standards. 1. The STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION. 2. The STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS referred to hereinafter as CALTRANS. B. Submittals are required for the following items. 1. Drawings or product photos 2. Sign materials including color samples. 3. Sign Attachment methods PART 2 — PRODUCTS 2.01 MATERIALS A. Signs shall be suitable for the harsh marine environment and guaranteed not to fade or deteriorate for 20 years. B. Signs shall fabricated with a durable, plastic material. Project No. 50146 02525-1 1111r l Section 02525 SIGNAGE September 17, 2003 C. Final sign sizes and locations shall be approved by the engineer. D. Final colors and style will be selected by the engineer. PART 3 - EXECUTION 1.01 GENERAL A. Remove and dispose of old signs at locations where new signs will be installed. B. Install signs with stainless steel fasteners. C. The sign paint system, materials, and colors shall be approved prior to fabrication. ***END OF SECTION*** Project No. 50146 02525-2 Section 05505 MISCELLANEOUS METALS September 17, 2003 PART 1 - GENERAL 1.01 SUMMARY A. The work under this Section consists of the fabrication and installation of miscellaneous metal for the pier repair. B. Miscellaneous metal work includes various steel plates, brackets, and hardware as shown on the plans, including the following: 1. U-brackets over the pile cap beams 2. Fender support bars and padeyes 3. Fender brackets and plates 4. Fender Pile collars 5. Bolts, nuts, washers, and hardware 1.02 REFERENCES A. All work shall be in accordance with the following Standards. American Society for Testing and Materials (ASTM) ASTM A 36 Structural Steel ASTM A 123 Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products ASTM A 153 Zinc Coating (Hot-Dip) on Iron and Steel Hardware ASTM A 307 Carbon Steel Bolts and Studs 60,000 psi Tensile Strength American Welding Society (AWS) AWS D1.1 Structural Welding Code-Steel American Institute of Steel Construction (AISC) AISC Specification: Design, Fabrication and Erection of Steel for Building and Bridges. 1.03 QUALITY ASSURANCE A. Fabricator Qualifications Project No. 50146 05505-1 Section 05505 MISCELLANEOUS METALS September 17, 2003 Firm experienced in producing metal fabrications similar to those indicated for Work of this Contract with a record of successful in-service performance, and with sufficient production capacity to produce required unit without delaying the Work. B. Welding Standards Comply with applicable provisions of AWS D1.1 "Structural Welding Code- Steel " and AWS D1.3 "Structural Welding Code- Sheet Steel". 1. Certify that each welder has satisfactorily passed AWS qualification test for welding processes involved and, if pertinent, has undergone recertification. 1.04 SUBMITTALS A. Submit the following items for approval: 1. Shop drawings for plates, brackets and other fabricated items 2. Welding procedures and qualifications 3. Galvanizing and painting product data. PART 2 - PRODUCTS 2.01 MATERIALS A. Steel Plate: Conform to ASTM A36, unless otherwise noted on the Plans. B. Shapes and Bars: Conform to ASTM A36 C. Pipe: Conform to ASTM A53, Grade B D. Bolts, anchor bolts, nuts and washers shall be Grade A, ASTM-307, unless otherwise noted. 2.02 FABRICATION A. Structural Steel Design and fabrication shall conform to AISC Specification and Code. All Project No. 50146 05505-2 4111 Section 05505 MISCELLANEOUS METALS September 17, 2003 welding and welded joint details shall conform to AWS D1.1. All faying surfaces shall be seal welded. 2.03 GALVANIZING A. All ferrous metal, other than bollards and stainless steel items, shall be galvanized. The work shall be performed as follows: B. Galvanizing shall be performed before shipment and shall be by a hot dip process conforming to ASTM A-123. Zinc shall conform to ASTM B-6. C. Steel pin socket units shall be galvanized after fabrication. D. Preparation prior to galvanizing shall be by acid pickling. Galvanizing shall be performed the same day as pickling. After pickling and before galvanizing, all items shall be heated to 300 degrees F to expel hydrogen absorbed during pickling. E. The galvanized coating shall be no less than 8 mils in thickness. F. Components which will form bolted assemblies shall be galvanized before assembly. G. Welded assemblies shall be galvanized after welding. H. The zinc coating shall adhere perfectly to the steel surface, be free from blisters and excess zinc, and be even, smooth and uniform throughout. All cutting, punching, drilling and other machine work shall be performed as far as possible before galvanizing. Should any such work or any welding be necessary after galvanizing, the areas from which galvanizing has been removed shall be touched up in the manner described for damaged and rusted items. Galvanized items which have become damaged or rusted, shall be thoroughly cleaned by wire brushing or grinding. They shall then receive two-brush coats of one of the following formulations or an approved equal: 1. DuPont No. 67-744, Delux Galvanized Metal Primer 2. Glidden No. 5229, Galvanized Iron Primer The coats shall have a combined dry film thickness of not less than six mils. Field welds shall be brush-coated in the same manner, after cleaning and the Project No. 50146 05505-3 Section 05505 MISCELLANEOUS METALS September 17, 2003 removal of all slag. 2.04 PAINTING FOR LIGHT POLES A. Light pole exteriors, but not the base plate undersides, shall receive two shop coats of coal tar pitch. The surface shall be free from loose rust or scale, oil, grease, and any other foreign matter before the pitch is applied. The pitch shall be brush-applied at the supplier's recommended temperature. The first coat shall be dry before the second is applied. The two coats shall have a dry film thickness of 8 to 10 mils. 2.05 WELDING: A. All welding shall conform to the requirements of AWS D1.1. B. All welders shall have current AWS certificates for the type of material used and the type of weld to be performed. PART 3 - EXECUTION 1.01 GENERAL A. Fabricate and install all steel in accordance with the AISC Specification. B. Install the fender system according to the plans, specifications, and the fender manufacturer's recommendations. 1.02 FIELD BOLTING 3.01 FABRICATION AND ERECTION A. Fabrication shall conform to the provisions of the "Specification for Structural Steel Design - Allowable Stress Design and Plastic Design" of AISC. B. The Contractor shall furnish the Engineer with shop details for all items, and shall receive his comments before commencing fabrication. Review of these details by the Engineer will not relieve the Contractor of responsibility for their accuracy and completeness. C. Welding requirements are as follows: 1. Shop welding shall be performed by the manual shielded metal arc (SMA), or submerged arc (SA) welding process. Project No. 50146 05505-4 Section 05505 MISCELLANEOUS METALS September 17, 2003 2. Welding procedures which conform in all respects to the provisions of Section 2, 3, and 4 of AWS D1.1, Structural Welding Code, will be deemed prequalified. 3. Procedures other than those prequalified shall be qualified by tests. as specified in Section 5 of AWS D1.1. The written welding procedures and the qualification test records shall be submitted to the Engineer for prior approval. 4. Welding shall be performed only by welders or operators who have been qualified in accordance with Section 5 of AWS D1.1, and their qualification tests records shall be made available to the Engineer upon request. 5. Welds shall be of uniform width and size throughout their length. Each layer shall be smooth and free from slag, cracks, pinholes and undercut, and completely fused to the adjacent weld beads and base metal. The cover pass shall be free from coarse ripples, high crown, deep ridges and valleys between beads, and shall blend smoothly and gradually into the surface of the base metal. 6. Butt welds shall be slightly convex, uniform height, and shall have full penetration. 7. Fillet welds shall be of specified size with full throat and the legs of uniform length. 8. For all details to be joined, where other continuous welds are not indicated on Plans, provide continuous 3/16 inch seal welds. 9. Repair, chipping or grinding of welds shall not gouge, groove or reduce the base metal thickness. 10. Non-destructive testing, if required, shall conform to Article 6.7 of AWS D1.1. 11. The manufacturer's recommendations shall be followed for both the oven-storage and reconditioning of electrodes. 12. Field welded connections shall be of the type, size and in the locations shown on the Plans, and in accordance with AWS D1.1. Inspection will be visual examination. Non-destructive testing will not be required. - END OF SECTION - Project No. 50146 05505-5 Section 06100 ROUGH CARPENTRY September 17, 2003 PART 1 - GENERAL 1.01 SUMMARY A. The work under this Section consists of furnishing, fabricating, treating, and installing the stringers, cross bracing, decking, handrail, benches, and other carpentry work shown on the plans. 1.02 REFERENCES A. The publications listed below shall be a part of this specification. The latest edition in effect at the date of the Invitation to Bid shall be used. 1. California Occupational, Safety and Health Authority (CALOSHA) 2. American Wood Preservers Association (AWPA) AWPA C-2 Lumber, Timber, Bridge Ties and Mine Ties, Preservative Treatment by Pressure Process. AWPA C-18 Standard Pressure Treated Material in Marine Construction AWPA P-5 Water-Borne Preservatives 3. American Wood Preservers' Bureau (AWPB) AWPB LP-22 Pressure Treated with Water Borne Preservatives AWPB MLP Pressure Treated for Marine (Saltwater) Exposure 4. American Forest & Paper Association, National Design Specification for Wood Construction (NDS) 1.03 QUALITY ASSURANCE A. Rough Carpentry shall conform to the National Design Specification for Wood Construction B. All lumber shall be identified by the official grade mark or the Contractor shall provide inspection certificates from appropriate grading and inspecting agencies. Project No. 50146 06100-1 teit Section 06100 ROUGH CARPENTRY September 17, 2003 1.04 SUBMITTALS A. The contractor shall submit the following documents for the review by the Engineer. The review and/or approval by the Engineer does not relieve the contractor of his responsibility for compliance with applicable codes and the contract requirements. 1. Timber certificates for lumber without grade marks. 2. Shop drawings prior to fabricating or treating the lumber. Drawings shall include all details and cutting schedules. 3. Manufacturer's literature for construction adhesive 4. Manufacturer's literature and certificates for shop applied and field applied wood preservative treatment materials and methods. 5. Two samples of the treated timber decking, each 2 feet long. 1.05 TRANSPORTATION, STORAGE AND HANDLING A. Cover all lumber during transport and in storage at the jobsite as required to protect it from rain, salt water, or other damaging conditions. Do not cover with polyethylene film that inhibits air circulation. B. Do not handle treated timbers with hooks, come-alongs, or other means that could damage the treated surface. C. Stack and sticker lumber at the jobsite off the ground on wooden pallets or ther wood not to be used in the work.. PART 2 - PRODUCTS 2.01 LUMBER AND TIMBERS A. Lumber shall be Pacific Coast Fir No.1 or better, with a minimum stress rating of 1,500 psi in bending, and identified by the grade mark of a recognized association or independent inspection agency using the specific grading requirements of an association recognized as covering the species used. The association or independent inspection agency shall be certified by the Board of Review, American Lumber Standards Committee, to grade the species used. Project No. 50146 06100-2 Section 06100 ROUGH CARPENTRY September 17, 2003 2.02 PRESERVATIVE TREATMENT A. All lumber shall be pressure treated with chemonite (ACZA) per AWPA Cl, P5, and P13 with a minimum net retention of 0.60 pounds per cubic foot by assay per AWPA Standards C-2 and C-18. B. All lumber shall be inspected and marked in accordance with AWPB LP- 22 except retention shall be at least 0.6 pounds per cubic foot. C. Field treatment: Treat all lumber cuts or holes made in the field with copper Napthenate in accordance with AWPA C18 and AWPB M4. 2.03 HARDWARE A. Bolts and lag bolts shall confirm to ASTM A 307. Provide lag screws with washers under heads and nuts. B. All hardware including bolts, nuts, washers, drift pins and nails shall be hot — dipped galvanized in accordance with ASTM A 153. C. For plates, brackets and other metal work, see Special Provisions, Section 05505, Miscellaneous Metals. D. Ogee washers shall be cast iron conforming to ASTM A48. 2.04 ADHESIVES A. Construction adhesive shall be exterior grade, suitable for the harsh marine environment (splash zone), and guaranteed to perform for a minimum of 20 years. Construction adhesive shall be Marine Adhesive / Sealant 5200 by 3M Company (1-888-364-3577) or approved equal. PART 3 - EXECUTION 3.01 FRAMING A. Cut and frame lumber and timber so that joints will fit over contact surface. Open joints are unacceptable. Shimming is not allowed. B. Lag screws shall be countersunk. Bore holes for lag screws in two parts. Make lead hole for shank the same diameter as shank. Make lead hole for the threaded portion approximately two-thirds of the shank diameter. Project No. 50146 06100-3 Section 06100 ROUGH CARPENTRY September 17, 2003 C. Decking planks shall be placed with the younger grains on top (convex face of grain on top). Mechanical or electrical hangers or supports shall not be attached to the decking planks. 3.02 CONNECTIONS A. Connections using bolts, lag bolts, etc., shall be installed in strict accordance with the provisions of NFPA — National Design Standard. 3.03 INSPECTIONS A. Timber Preservative Treatment The Contractor shall be responsible for the quality of treated wood products. The Contractor shall provide the Engineer with the inspection report of an independent inspection agency, approved by the Engineer, that offers products which comply with applicable AWPA standards. Identify treatment on each piece by the quality mark of an agency accredited by the Board of Review of the American Lumber Standard Committee. B. Delivery Inspection List Field inspect and submit a verification list of each treated timber member and each strapped bundle of treated lumber indicating the wording and lettering of the quality control markings, the species and the condition of the wood. Do not incorporate materials damaged in transport from plant to site. C. Timber Preservative Inspection Submit the inspection report of an independent inspection agency, for approval by the Engineer, that offered products complying with applicable AWPA Standards. Identify treatment on each piece by the quality mark of an agency accredited by the Board of Review of the American Lumber Standard Committee. - END OF SECTION - Project No. 50146 06100-4 w Section 06910 TIMBER PILE PROTECTION September 17, 2003 PART 1 GENERAL 1.01 SCOPE OF WORK A. This section shall govern furnishing and installation of timber pile wrap. The Contractor shall furnish all wrap materials, hardware, and ancillary materials needed to wrap the pile as well as cleaning an preparing the pile. 1.02 RELATED SECTIONS Section 06100 — Rough Carpentry 1.03 REFERENCES A. The product shall comply with the provisions of the following codes, specifications, and standards, latest edition except as otherwise shown or specified: 1. American Society for Testing and Materials (ASTM) Publications: 1.04 SUBMITTALS A. The Contractor shall submit samples of the following to the Engineer: 1. HDPE outer cover 2. Neoprene seals 3. Petrolatum tape B. Certified Test Reports: Before delivery of materials to the site, certified test reports or certificates of conformance or compliance by the manufacturer's testing laboratory or independent testing agency, attesting that each product or material furnished under this specification meets the requirements herein, shall be submitted to the Engineer for review and approval. Test reports shall certify that the tested materials are of the same type, quality, and manufacture as that proposed to be supplied. Certified test reports or certificates shall be furnished for: 1. HDPE outer cover 2. Neoprene seals 06910-1 Section 06910 TIMBER PILE PROTECTION September 17, 2003 3. Petrolatum tape 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: The manufacturer(s) of the HDPE outer cover, neoprene seals, and petrolatum tape shall have been in the business of manufacturing such products for at least 5 years. PART 2 PRODUCTS 2.01 SOURCE A. Materials under this specification shall be the standard product of manufacturer(s) regularly engaged in the production of marine pile wrapping systems. 2.02 OUTER COVER A. The outer cover shall be 160 mil thick high density polyethylene (HDPE) and conforms to the following mechanical and physical properties: Property ASTM Typical Value 1. Flow Rate D1238 8.5 g/10 min. 2. Density D792 0.947 g/cm3 3. Tensile Strength @ Yield D638 3,300 psi 4. Ultimate Elongation D638 850% 5. Secant Flexural Modulus @ 2% Strain D3350 12,500 psi 6. Izod Impact Resistance @ 23oC/73oF D256 7 ft-lb/in 7. Hardness, Shore D D2240 60 8. ESCR, F20 D1693 >5,000 hr 9. Vicat Softening Point D1525 255oF 10.Melting Point D3417 262oF 06910-2 Section 06910 TIMBER PILE PROTECTION September 17, 2003 11.Brittleness Temperature D746 <-150oF 12.Coefficient of Linear Thermal Expansion D696 0.8x10-4in/in/oF B. The HDPE outer cover shall be uniform throughout, free from dirt, oil and creases, wrinkles, bubbles, pin-holes and any other defects that may affect its service. C. The HDPE shall include approximately 3% Carbon Black UV Stabalizer. D. The material shall be produced by extrusion manufacturing to a 16-inch or 18- inch diameter width and split along the longitudinal seam. E. Each outer cover shall be installed as one piece per pile. Horizontal splices or seams are not allowed. F. The color shall be black. 2.03 FOAM SEALS A. The foam seals shall be installed under the outer cover continuously along all vertical joints and the top and bottoms of the outer cover. They shall consist of 0.5-inch thick by 1.5-inch wide closed-cell neoprene foam with APS backing conforming to the following physical properties: Property ASTM Typical Value 25% Compression Set (psi) D1056-67 5-9 Density (pcf) D1056-67 7+/- 2 Water Absorption Max. Weight % D1056-67 5 Temperature Range, of D1056-67 -70/+225 Tensile Strength (psi) D1056-67 80 Fuel B Max % Weight Change D1056-67 250 Elongation, % D1056-67 175 Durometer Shore 00 D1056-67 45-60 Shrinkage 7 Day @ 158oF Max. D1056-67 5% 06910-3 Section 06910 TIMBER PILE PROTECTION September 17, 2003 2.04 STRAPPING SYSTEM A. The strapping system shall be comprised of either 5052 aluminum alloy or stainless steel. The straps shall be sufficient length to completely encircle the pile over the top and bottom foam seals. The straps shall have an interlocking mechanism that can be engaged to prevent it loosening once it is tightened. 2.05 NAILS A. Nails shall be comprised of either 5052 aluminum alloy or 316 stainless steel. Nails shall be nominal 3-inches in length. Ring shank diameter shall be 0.135— inches and head diameter shall be 0.375-inches. 2.06 Petrolatum Tape A. The petrolatum tape shall be comprised of a non-woven synthetic fabric fully impregnated and coated with a neutral petrolatum based compound with water displacing agents and wide spectrum biocides. B. The tape shall have a character stable in composition and plasticity over a temperature range of 30 to 110 degrees Fahrenheit. C. The tape shall be non-hardening and non-cracking, and shall accommodate vibration and movement of substrate from thermal expansion and contraction or from drying and shrinking from moisture changes. D. The tape shall be resistant to mineral acids and alkalies. PART 3 EXECUTION 3.01 CLEANING AND SURFACE PREPARATION A. Identify piles to be protected with the outer cover between elevations indicated on the drawings. Remove marine growth, and foreign matter for the entire length which is to be protected with the pile wrapping system. All surface projections such as nail, bolts, large splinters, fouling organisms and other surface conditions that would penetrate the outer cover shall be removed. 06910-4 lor vie Section 06910 TIMBER PILE PROTECTION September 17, 2003 3.02 PETROLATUM TAPE APPLICATION A. The tape shall be wrapped onto the timber pile using a minimum 1" overlap. Wrapping shall begin at the designated low point for the Outer Cover indicated in the drawings and proceed upward to the high point of the outer cover. B. Tape should be held firmly from the starting point and firmly pressed onto the surface. As the tape is unrolled it should be kept close to the pile and prevented from folding or creating air pockets by applying sufficient tension. Stretching of the tape should be prevented. C. Overlap the tape 6 inches when starting a new roll. At the completion of each roll, smooth the overlaps by hand in the direction of the of the spiral to seal the overlap. 3.03 NEOPRENE SEALS A. The neoprene foam seams shall be adhered to the inside of the outer cover along the vertical seam. Foam seals shall also be adhered to the inside of the outer cover at top and bottom ends as required on drawings. 3.04 OUTER COVER A. Locate the HDPE outer cover between the elevations indicated on the drawings. The vertical edges of the outer cover shall be snapped around the wood pile with the vertical foam seal overlapping on top of inside layer. A minimum overlap of 4-inches shall be achieved with tension being applied to form a tight seal around the pile. The vertical seam shall be secured to the pile with select nails. Nails shall driven a minimum spacing of 3-inches on-center around the circumference of the pile through the HDPS outer cover and the foam seal. With the HDPE outer cover fastened in the final position, selected straps shall be placed directly over the top and bottom seals. The straps shall be drawn tight and secure so that the foam seals are compressed. 3.05 OVERLAPPING OUTER COVERS A. Where it necessary to utilize more than one outer cover to protect the entire length of a pile, the second outer cover shall overlap a minimum of 12-inches (above and/or below) the inner cover. Rotate the vertical closure seam of the overlapping outer cover 90-degrees from the vertical seam of the unit(s) above or below. Install overlapping outer cover as described herein. 3.06 VERTICAL SEAM 06910-5 11110 ‘1110 Section 06910 TIMBER PILE PROTECTION September 17, 2003 A. Drive select nails through the outer cover and the foam seal every 3-inches on- center along the vertical (closure) seam. B. The vertical seam shall be located on the side of the pile facing the shore. 3.07 MUD LINE SEAL A. Excavate the seafloor around the base of the pile so that the outer cover can be installed a minimum of 2-feet below the mud line. After installation and nailing of the outer cover, back fill all excavated areas to the original mud line. Contractor shall notify the Engineer before backfilling, in order that the Engineer may inspect the work. 3.08 NAILING A. Pre-drilling of the HDPE outer cover to receive nails is allowed, provided the pilot holes do not exceed 2/3 the diameter of the nail shank. Nails shall be driven until the bottom of the nail heads cause a slight depression (dimple) in the skin of the HDPE outer cover. Any nail that is bent over or the head has broken off shall be removed and a new nail driven in the original hole. END OF SECTION 06910 06910-6 Section 15050 BASIC MECHANICAL MATERIALS AND METHODS September 17, 2003 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Piping materials and installation instructions common to most piping systems. 2. Mechanical demolition. 3. Painting and finishing. 4. Supports and anchorages. PART 2 - PRODUCTS 2.1 JOINING MATERIALS A. Pipe-Flange Gasket Materials: Suitable for chemical and thermal conditions of piping system contents. 1. ASME B16.21, nonmetallic, flat, asbestos-free, 1/8-inch (3.2-mm) maximum thickness unless thickness or specific material is indicated. a. Full-Face Type: For flat-face, Class 125, cast-iron and cast-bronze flanges. B. Flange Bolts and Nuts: ASME B18.3 Class 3, 18.8 stainless steel, unless otherwise indicated. Project No. 50146 15050 - 1 1110 Section 15050 BASIC MECHANICAL MATERIALS AND METHODS September 17, 2003 PART 3 - EXECUTION 3.1 MECHANICAL DEMOLITION A. Disconnect, demolish, and remove mechanical systems, equipment, and components indicated to be removed. 1. Piping to Be Removed: Remove portion of piping indicated to be removed and cap or plug remaining piping with same or compatible piping material. B. If pipe, insulation, or equipment to remain is damaged in appearance or is unserviceable, remove damaged or unserviceable portions and replace with new products of equal capacity and quality. 3.2 PIPING SYSTEMS - COMMON REQUIREMENTS A. Select system components with pressure rating equal to or greater than system operating pressure. 3.3 PIPING JOINT CONSTRUCTION A. Join pipe and fittings according to the following requirements. B. Flanged Joints: Select appropriate gasket material, size, type, and thickness for service application. Install gasket concentrically positioned. Use suitable lubricants on bolt threads. 3.4 PAINTING A. Painting of mechanical systems, equipment, and components is specified in Division 9 Section "Painting (Professional Line Products)." 3.5 ERECTION OF METAL SUPPORTS AND ANCHORAGES A. Cut, fit, and place miscellaneous metal supports accurately in location, alignment, and elevation to support and anchor mechanical materials and equipment. Project No. 50146 15050 - 2 Section 15050 BASIC MECHANICAL MATERIALS AND METHODS September 17, 2003 3.6 ERECTION OF WOOD SUPPORTS AND ANCHORAGES A. Cut, fit, and place wood grounds, nailers, blocking, and anchorages to support, and anchor mechanical materials and equipment. B. Attach to substrates as required to support applied loads. - END OF SECTION - Project No. 50146 15050 - 3 1110 *100 Section 15060 HANGERS AND SUPPORTS September 17, 2003 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following hangers and supports for mechanical system piping and equipment: 1. Steel pipe hangers and supports. 2. Fiberglass pipe hangers. 3. Metal framing systems. 4. Fiberglass strut systems. 5. Fastener systems. 1.3 DEFINITIONS A. MSS: Manufacturers Standardization Society for The Valve and Fittings Industry Inc. B. Terminology: As defined in MSS SP-90, "Guidelines on Terminology for Pipe Hangers and Supports." 1.4 PERFORMANCE REQUIREMENTS A. Design supports for multiple pipes, including pipe stands, capable of supporting combined weight of supported systems, system contents, and test water. 1.5 SUBMITTALS A. Product Data: For the following: 1. Steel pipe hangers and supports. 2. Fiberglass pipe hangers. B. Shop Drawings: Show fabrication and installation details for the following: Project No. 50146 15060 - 1 11110 Section 15060 HANGERS AND SUPPORTS September 17, 2003 1. Pipe hangers. Include Product Data for components. 2. Metal framing systems. Include Product Data for components. 3. Fiberglass strut systems. Include Product Data for components. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, manufacturers specified. 2.2 STEEL PIPE HANGERS AND SUPPORTS A. Description: MSS SP-58, Types 1 through 58, factory-fabricated components. Refer to Part 3 "Hanger and Support Applications" Article for where to use specific hanger and support types. B. Available Manufacturers: 1. AAA Technology & Specialties Co., Inc. 2. B-Line Systems, Inc.; a division of Cooper Industries. 3. ERICO/Michigan Hanger Co. 4. Globe Pipe Hanger Products, Inc. 5. Grinnell Corp. 6. Piping Technology & Products, Inc. C. Galvanized, Metallic Coatings: Pregalvanized or hot dipped. D. Nonmetallic Coatings: Plastic coating, jacket, or liner. 2.3 FIBERGLASS STRUT SYSTEMS A. Description: Shop- or field-fabricated pipe-support assembly, similar to MFMA- 3, made of fiberglass channels and other components. B. Available Manufacturers: 1. B-Line Systems, Inc.; a division of Cooper Industries. Project No. 50146 15060 - 2 Section 15060 HANGERS AND SUPPORTS September 17, 2003 2. Champion Fiberglass, Inc. 3. Cope, T. J., Inc.; Tyco International Ltd. 4. Seasafe, Inc. PART 3 - EXECUTION 3.1 HANGER AND SUPPORT APPLICATIONS A. Specific hanger and support requirements are specified on the plans. B. Use hangers and supports with galvanized, metallic coatings for piping and equipment that will not have field-applied finish. C. Horizontal-Piping Hangers and Supports: Unless otherwise indicated and except as specified in piping system Sections, install the following types: 1. Clips (MSS Type 26): For support of pipes not subject to expansion or contraction. 3.2 HANGER AND SUPPORT INSTALLATION A. Pipe Hanger Installation: Comply with MSS SP-69 and MSS SP-89. Install hangers, supports, clamps, and attachments as required to properly support piping from structure. B. Fiberglass Pipe Hanger Installation: Comply with applicable portions of MSS SP-69 and MSS SP-89. Install hangers and attachments as required to properly support piping from structure. C. Install hangers and supports complete with necessary inserts, bolts, rods, nuts, washers, and other accessories. 3.3 PAINTING A. Galvanized Surfaces: Clean welds, bolted connections, and abraded areas and apply galvanizing-repair paint to comply with ASTM A 780. END OF SECTION Project No. 50146 15060 - 3 W Section 15110 VALVES September 17, 2003 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following general-duty valves: 1. Bronze gate valves. 1.3 DEFINITIONS A. The following are standard abbreviations for valves: 1. CWP: Cold working pressure. 2. EPDM: Ethylene-propylene-diene terpolymer rubber. 3. NBR: Acrylonitrile-butadiene rubber. 4. PTFE: Polytetrafluoroethylene plastic. 5. SWP: Steam working pressure. 6. TFE: Tetrafluoroethylene plastic. 1.4 QUALITY ASSURANCE A. NSF Compliance: NSF 61 for valve materials for potable-water service. 1.5 DELIVERY, STORAGE, AND HANDLING A. Prepare valves for shipping as follows: 1. Protect internal parts against rust and corrosion. 2. Protect threads, flange faces, grooves, and weld ends. 3. Set angle, gate, and globe valves closed to prevent rattling. B. Use the following precautions during storage: 1. Maintain valve end protection. Project No. 50146 15110 - 1 • • Section 15110 VALVES September 17, 2003 2. Store valves indoors and maintain at higher than ambient dew-point temperature. If outdoor storage is necessary, store valves off the ground in watertight enclosures. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where subparagraph titles below introduce lists, the following requirements apply for product selection: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified. 2. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. 2.2 VALVES, GENERAL A. Refer to Part 3 "Valve Applications" Article for applications of valves. B. Bronze Valves: NPS 2 (DN 50) and smaller with threaded ends, unless otherwise indicated. C. Valve Pressure and Temperature Ratings: Not less than indicated and as required for system pressures and temperatures. D. Valve Sizes: Same as upstream pipe, unless otherwise indicated. 2.3 BRONZE GATE VALVES A. Available Manufacturers: B. Manufacturers: 1. Type 1, Bronze, Nonrising-Stem Gate Valves: a. American Valve, Inc. b. Crane Co.; Crane Valve Group; Crane Valves. c. Crane Co.; Crane Valve Group; Stockham Div. d. Grinnell Corporation. e. Milwaukee Valve Company. Project No. 50146 15110 - 2 41110 Section 15110 VALVES September 17, 2003 f. NIBCO INC. g. Watts Industries, Inc.; Water Products Div. C. Bronze Gate Valves, General: MSS SP-80, with ferrous-alloy handwheel. D. Type 1, Class 125, Bronze Gate Valves: Bronze body with nonrising stem and bronze solid wedge [and union-ring bonnet]. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine piping system for compliance with requirements for installation tolerances and other conditions affecting performance. 1. Proceed with installation only after unsatisfactory conditions have been corrected. B. Examine valve interior for cleanliness, freedom from foreign matter, and corrosion. Remove special packing materials, such as blocks, used to prevent disc movement during shipping and handling. C. Operate valves in positions from fully open to fully closed. Examine guides and seats made accessible by such operations. D. Examine threads on valve and mating pipe for form and cleanliness. E. Do not attempt to repair defective valves; replace with new valves. 3.2 VALVE APPLICATIONS A. Refer to piping Sections for specific valve applications. If valve applications are not indicated, use the following: 1. Shutoff Service: Gate valves. B. If valves with specified SWP classes or CWP ratings are not available, the same types of valves with higher SWP class or CWP ratings may be substituted. C. Domestic Water Piping: Use the following types of valves: 1. Gate Valves, NPS 2 (DN 50) and Smaller: Type 1, Class 125, bronze. Project No. 50146 15110 - 3 110 *10 Section 15110 VALVES September 17, 2003 2. Gate Valves, NPS 2-1/2 (DN 65) and Larger: Type I, Class 125, bronze- mounted cast iron. 3.3 VALVE INSTALLATION A. Piping installation requirements are specified in other Division 15 Sections. Drawings indicate general arrangement of piping, fittings, and specialties. B. Locate valves for easy access and provide separate support where necessary. C. Install valves in position to allow full stem movement. 3.4 JOINT CONSTRUCTION A. Refer to Division 15 Section "Basic Mechanical Materials and Methods" for basic piping joint construction. END OF SECTION Project No. 50146 15110 - 4 `.r Section 15430 PLUMBING SPECIALTIES September 17, 2003 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following plumbing specialties: 1. Backflow preventers. 1.3 SUBMITTALS A. Product Data: Include rated capacities and shipping, installed, and operating weights. Indicate materials, finishes, dimensions, required clearances, and methods of assembly of components; and piping and wiring connections for the following: 1. Backflow preventers and water regulators. B. Maintenance Data: For plumbing specialties to include in maintenance manuals. Include the following: 1. Backflow preventers. 1.4 QUALITY ASSURANCE A. Plumbing specialties shall bear label, stamp, or other markings of specified testing agency. B. ASME Compliance: Comply with ASME B31.9, "Building Services Piping," for piping materials and installation. Project No. 50146 15430-1 Section 15430 PLUMBING SPECIALTIES September 17, 2003 PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where subparagraph titles below introduce lists, the following requirements apply for product selection: 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the products specified. 2. Products: Subject to compliance with requirements, provide one of the products specified. 3. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified. 4. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. 2.2 BACKFLOW PREVENTERS A. Available Manufacturers: B. Manufacturers: 1. Ames Co., Inc. 2. B & K Industries, Inc. 3. Cla-Val Co. 4. Conbraco Industries, Inc. 5. Mueller Co.; Hersey Meters Div. 6. Sparco, Inc. 7. Watts Industries, Inc.; Water Products Div. 8. Zurn Industries, Inc.; Wilkins Div. C. Reduced-Pressure-Principle Backflow Preventers: ASSE 1013, suitable for continuous pressure application. Include outside screw and yoke gate valves on inlet and outlet, and strainer on inlet; test cocks; and pressure-differential relief valve with ASME A112.1.2 air-gap fitting located between two positive- seating check valves. 1. Pressure Loss: 12 psig (83 kPa) maximum, through middle 1/3 of flow range. Project No. 50146 15430-2 Section 15430 PLUMBING SPECIALTIES September 17, 2003 PART 3 - EXECUTION 3.1 INSTALLATION A. Refer to Division 15 Section "Basic Mechanical Materials and Methods" for piping joining materials, joint construction, and basic installation requirements. B. Install backflow preventers in each water supply to mechanical equipment and systems and to other equipment and water systems that may be sources of contamination. Comply with authorities having jurisdiction. 1. Locate backflow in location shown on Plans. 2. Install drain for backflow preventers with atmospheric-vent drain connection with air-gap fitting, fixed air-gap fitting, or equivalent positive pipe separation of at least two pipe diameters in drain piping and pipe to grade. 3. Do not install bypass piping around backflow preventers. 3.2 LABELING AND IDENTIFYING A. Equipment Nameplates and Signs: Install engraved plastic-laminate equipment nameplate or sign on the backflow preventer enclosure. - END OF SECTION - Project No. 50146 15430-3 tie Section 16050 BASIC ELECTRICAL MATERIALS AND METHODS August 13, 2003 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Electrical equipment coordination and installation. 2. Common electrical installation requirements. 1.3 DEFINITIONS A. ATS: Acceptance Testing Specifications. B. EPDM: Ethylene-propylene-diene terpolymer rubber. C. NBR: Acrylonitrile-butadiene rubber. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. 1.5 COORDINATION A. Coordinate arrangement, mounting, and support of electrical equipment: 1. To allow maximum possible headroom unless specific mounting heights that reduce headroom are indicated. 2. To provide for ease of disconnecting the equipment with minimum interference to other installations. 3. To allow right of way for piping and conduit installed at required slope. 4. So connecting raceways, cables, wireways, cable trays, and busways will be clear of obstructions and of the working and access space of other equipment. Project No. 50146 16050 - 1 Section 16050 BASIC ELECTRICAL MATERIALS AND METHODS August 13, 2003 B. Coordinate installation of required supporting devices. C. Coordinate electrical testing of electrical, mechanical, and architectural items, so equipment and systems that are functionally interdependent are tested to demonstrate successful interoperability. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, manufacturers specified. 2. Manufacturers: Subject to compliance with requirements, provide products by one of the manufacturers specified. PART 3 - EXECUTION 3.1 COMMON REQUIREMENTS FOR ELECTRICAL INSTALLATION A. Comply with NECA 1. B. Measure indicated mounting heights to bottom of unit for suspended items and to center of unit for wall-mounting items. • C. Headroom Maintenance: If mounting heights or other location criteria are not indicated, arrange and install components and equipment to provide maximum possible headroom consistent with these requirements. D. Equipment: Install to facilitate service, maintenance, and repair or replacement of components of both electrical equipment and other nearby installations. Connect in such a way as to facilitate future disconnecting with minimum interference with other items in the vicinity. E. Right of Way: Give to raceways and piping systems installed at a required slope. Project No. 50146 16050 - 2 tar 4 Section 16050 BASIC ELECTRICAL MATERIALS AND METHODS August 13, 2003 3.2 REPAIR AND SERVICE OF EXISTING STRUCTURES AND EQUIPMENT A. Perform repair of existing structures and equipment, demolition, and modification of existing electrical distribution system as follows: 3.2.1 Workmanship Lay out work in advance. Exercise care where cutting, channeling, chasing, or drilling of existing surfaces is necessary for proper installation, support, or anchorage of conduit, raceways, or other electrical work. Repair damage to structure, piping, and equipment using skilled craftsmen of trades involved. END OF SECTION Project No. 50146 16050 - 3 41.0 Section 16060 GROUNDING AND BONDING September 17, 2003 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes grounding of electrical systems and equipment. Grounding requirements specified in this Section may be supplemented by special requirements of systems described in other Sections. 1.3 SUBMITTALS A. Qualification Data: For firms and persons specified in "Quality Assurance" Article. B. Field Test Reports: Submit written test reports to include the following: 1. Test procedures used. 2. Test results that comply with requirements. 3. Results of failed tests and corrective action taken to achieve test results that comply with requirements. 1.4 QUALITY ASSURANCE A. Testing Agency Qualifications: Testing agency as defined by OSHA in 29 CFR 1910.7 ora member company of the InterNational Electrical Testing Association and that is acceptable to authorities having jurisdiction. 1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association to supervise on-site testing specified in Part 3. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. Project No. 50146 16060 - 1 4110 Section 16060 GROUNDING AND BONDING September 17, 2003 1. Comply with UL 467. C. Comply with NFPA 70; for overhead-line construction and medium-voltage underground construction, comply with IEEE C2. D. Comply with NFPA 780 and UL 96 when interconnecting with lightning protection system. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Grounding Conductors, Cables, Connectors, and Rods: a. Apache Grounding/Erico Inc. b. Boggs, Inc. c. Chance/Hubbell. d. Copperweld Corp. e. Dossert Corp. f. Erico Inc.; Electrical Products Group. g. Framatome Connectors/Burndy Electrical. h. Galvan Industries, Inc. i. Harger Lightning Protection, Inc. j. Hastings Fiber Glass Products, Inc. k. Heary Brothers Lightning Protection Co. I. Ideal Industries, Inc. m. ILSCO. n. Kearney/Cooper Power Systems. o. Korns: C. C. Korns Co.; Division of Robroy Industries. p. Lightning Master Corp. q. Lyncole XIT Grounding. r. O-Z/Gedney Co.; a business of the EGS Electrical Group. s. Raco, Inc.; Division of Hubbell. t. Robbins Lightning, Inc. u. Salisbury: W. H. Salisbury & Co. v. Superior Grounding Systems, Inc. Project No. 50146 16060 - 2 Section 16060 GROUNDING AND BONDING September 17, 2003 w. Thomas & Betts, Electrical. 2.2 GROUNDING CONDUCTORS A. For insulated conductors, comply with Division 16 Section "Conductors and Cables." B. Material: Copper. C. Equipment Grounding Conductors: Insulated with green-colored insulation. D. Grounding Electrode Conductors: Stranded cable. E. Underground Conductors: Bare, tinned, stranded, unless otherwise indicated. F. Bare Copper Conductors: Comply with the following: 1. Solid Conductors: ASTM B 3. 2. Assembly of Stranded Conductors: ASTM B 8. 3. Tinned Conductors: ASTM B 33. G. Copper Bonding Conductors: As follows: 1. Bonding Cable: 28 kcmil, 14 strands of No. 17 AWG copper conductor, 1/4 inch (6.4 mm) in diameter. 2. Bonding Conductor: No. 4 or No. 6 AWG, stranded copper conductor. 3. Bonding Jumper: Bare copper tape, braided bare copper conductors, terminated with copper ferrules; 1-5/8 inches (42 mm) wide and 1/16 inch (1.5 mm) thick. 4. Tinned Bonding Jumper: Tinned-copper tape, braided copper conductors, terminated with copper ferrules; 1-5/8 inches (42 mm) wide and 1/16 inch (1.5 mm) thick. H. Grounding Bus: Bare, annealed copper bars of rectangular cross section, with insulators. 2.3 CONNECTOR PRODUCTS A. Comply with IEEE 837 and UL 467; listed for use for specific types, sizes, and combinations of conductors and connected items. B. Bolted Connectors: Bolted-pressure-type connectors, or compression type. Project No. 50146 16060 - 3 Section 16060 GROUNDING AND BONDING September 17, 2003 C. Welded Connectors: Exothermic-welded type, in kit form, and selected per manufacturer's written instructions. PART 3 - EXECUTION 3.1 APPLICATION A. Use only copper conductors for both insulated and bare grounding conductors in direct contact with earth, concrete, masonry, crushed stone, and similar materials. B. In raceways, use insulated equipment grounding conductors. C. Equipment Grounding Conductor Terminations: Use bolted pressure clamps. D. Ground Rod Clamps at Test Wells: Use bolted pressure clamps with at least two bolts. 3.2 EQUIPMENT GROUNDING CONDUCTORS A. Comply with NFPA 70, Article 250, for types, sizes, and quantities of equipment grounding conductors, unless specific types, larger sizes, or more conductors than required by NFPA 70 are indicated. B. Install equipment grounding conductors in all feeders and circuits. C. Install insulated equipment grounding conductor with circuit conductors for the following items, in addition to those required by NEC: 1. Feeders and branch circuits. 2. Lighting circuits. 3. Receptacle circuits. 4. Single-phase motor and appliance branch circuits. 5. Three-phase motor and appliance branch circuits. 6. Flexible raceway runs. 7. Armored and metal-clad cable runs. D. Busway Supply Circuits: Install insulated equipment grounding conductor from the grounding bus in the switchgear, switchboard, or distribution panel to equipment grounding bar terminal on busway. E. Nonmetallic Raceways: Install an equipment grounding conductor in nonmetallic raceways unless they are designated for telephone or data cables. Project No. 50146 16060 - 4 toiv Section 16060 GROUNDING AND BONDING September 17, 2003 3.3 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible, unless otherwise indicated. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Bonding Straps and Jumpers: Install so vibration by equipment mounted on vibration isolation hangers and supports is not transmitted to rigidly mounted equipment. Use exothermic-welded connectors for outdoor locations, unless a disconnect-type connection is required; then, use a bolted clamp. Bond straps directly to the basic structure taking care not to penetrate any adjacent parts. Install straps only in locations accessible for maintenance. 3.4 CONNECTIONS A. General: Make connections so galvanic action or electrolysis possibility is minimized. Select connectors, connection hardware, conductors, and connection methods so metals in direct contact will be galvanically compatible. 1. Use electroplated or hot-tin-coated materials to ensure high conductivity and to make contact points closer to order of galvanic series. 2. Make connections with clean, bare metal at points of contact. 3. Make aluminum-to-steel connections with stainless-steel separators and mechanical clamps. 4. Make aluminum-to-galvanized steel connections with tin-plated copper jumpers and mechanical clamps. 5. Coat and seal connections having dissimilar metals with inert material to prevent future penetration of moisture to contact surfaces. B. Exothermic-Welded Connections: Comply with manufacturer's written instructions. Welds that are puffed up or that show convex surfaces indicating improper cleaning are not acceptable. C. Equipment Grounding Conductor Terminations: For No. 8 AWG and larger, use pressure-type grounding lugs. No. 10 AWG and smaller grounding conductors may be terminated with winged pressure-type connectors. D. Noncontact Metal Raceway Terminations: If metallic raceways terminate at metal housings without mechanical and electrical connection to housing, terminate each conduit with a grounding bushing. Connect grounding bushings with a bare grounding conductor to grounding bus or terminal in housing. Bond electrically noncontinuous conduits at entrances and exits with grounding bushings and bare grounding conductors, unless otherwise indicated. Project No. 50146 16060 - 5 4110 410 Section 16060 GROUNDING AND BONDING September 17, 2003 E. Tighten screws and bolts for grounding and bonding connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. F. Compression-Type Connections: Use hydraulic compression tools to provide correct circumferential pressure for compression connectors. Use tools and dies recommended by connector manufacturer. Provide embossing die code or other standard method to make a visible indication that a connector has been adequately compressed on grounding conductor. G. Moisture Protection: If insulated grounding conductors are connected to ground rods or grounding buses, insulate entire area of connection and seal against moisture penetration of insulation and cable. 3.5 FIELD QUALITY CONTROL A. Testing: Owner will engage a qualified testing agency to perform the following field quality-control testing: B. Testing: Engage a qualified testing agency to perform the following field quality-control testing: C. Testing: Perform the following field quality-control testing: 1. After installing grounding system but before permanent electrical circuitry has been energized, test for compliance with requirements. 2. Test completed grounding system at each location where a maximum ground-resistance level is specified, at service disconnect enclosure grounding terminal, and at ground test wells. Measure ground resistance not less than two full days after the last trace of precipitation, and without the soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. Perform tests, by the fall-of-potential method according to IEEE 81. END OF SECTION Project No. 50146 16060 - 6 Section 16130 RACEWAYS AND BOXES September 17, 2003 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring. B. Related Sections include the following: 1. Division 16 Section "Basic Electrical Materials and Methods" for supports, anchors, and identification products. 1.3 DEFINITIONS A. ENT: Electrical nonmetallic tubing. B. IMC: Intermediate metal conduit. C. LFMC: Liquidtight flexible metal conduit. D. LFNC: Liquidtight flexible nonmetallic conduit. E. RNC: Rigid nonmetallic conduit. 1.4 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. Project No. 50146 16130 - 1 ill, 411110 Section 16130 RACEWAYS AND BOXES September 17, 2003 1.5 COORDINATION A. Coordinate layout and installation of raceways, boxes, enclosures, cabinets, and suspension system with other construction that penetrates ceilings or is supported by them. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where subparagraph titles below introduce lists, the following requirements apply for product selection: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified. 2. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. 2.2 METAL CONDUIT AND TUBING A. Manufacturers: 1. AFC Cable Systems, Inc. 2. Alflex Inc. 3. Anamet Electrical, Inc.; Anaconda Metal Hose. 4. Electri-Flex Co. 5. Grinnell Co./Tyco International; Allied Tube and Conduit Div. 6. LTV Steel Tubular Products Company. 7. Manhattan/CDT/Cole-Flex. 8. O-Z Gedney; Unit of General Signal. 9. Wheatland Tube Co. B. Plastic-Coated Steel Conduit and Fittings: NEMA RN 1. C. Plastic-Coated IMC and Fittings: NEMA RN 1. D. LFMC: Flexible steel conduit with PVC jacket. E. Fittings: NEMA FB 1; compatible with conduit and tubing materials. Project No. 50146 16130 - 2 Section 16130 RACEWAYS AND BOXES September 17, 2003 2.3 NONMETALLIC CONDUIT AND TUBING A. Manufacturers: 1. American International. 2. Anamet Electrical, Inc.; Anaconda Metal Hose. 3. Arnco Corp. 4. Cantex Inc. 5. Certainteed Corp.; Pipe & Plastics Group. 6. Condux International. 7. EIecSYS, Inc. 8. Electri-Flex Co. 9. Lamson & Sessions; Carlon Electrical Products. 10. Manhattan/CDT/Cole-Flex. 11. RACO; Division of Hubbell, Inc. 12. Spiralduct, Inc./AFC Cable Systems, Inc. 13. Thomas & Betts Corporation. B. RNC: NEMA TC 2, Schedule 40 and Schedule 80 PVC. C. ENT and RNC Fittings: NEMA TC 3; match to conduit or tubing type and material. D. LFNC: UL 1660. PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: 1. Exposed: RNC below pier, coated rigid steel in electrical rooms. 2. Concealed: RNC below pier, coated rigid steel in electrical rooms. 3. Underground, Single Run: RNC. 4. Boxes and Enclosures: NEMA 250, Type 4. B. Indoors: 1. Exposed: RNC below pier, coated rigid steel in electrical rooms. 2. Concealed: RNC below pier, coated rigid steel in electrical rooms. 3. Damp or Wet Locations: Coated rigid steel conduit or RNC. 4. Boxes and Enclosures: NEMA 250, Type 1, except as follows: a. Damp or Wet Locations: NEMA 250, Type 4, stainless steel or nonmetallic. Project No. 50146 16130 - 3 44 Section 16130 RACEWAYS AND BOXES September 17, 2003 C. Minimum Raceway Size: %-inch trade size (DN 21). D. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. Intermediate Steel Conduit: Use threaded rigid steel conduit fittings, unless otherwise indicated. 2. PVC Externally Coated, Rigid Steel Conduits: Use only fittings approved for use with that material. Patch all nicks and scrapes in PVC coating after installing conduits. 3.2 INSTALLATION A. Keep raceways at least 6 inches (150 mm) away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. B. Complete raceway installation before starting conductor installation. C. Support raceways as specified in Division 16 Section "Basic Electrical Materials and Methods." D. Install temporary closures to prevent foreign matter from entering raceways. E. Protect stub-ups from damage where conduits rise through floor slabs. Arrange so curved portions of bends are not visible above the finished slab. F. Make bends and offsets so ID is not reduced. Keep legs of bends in the same plane and keep straight legs of offsets parallel, unless otherwise indicated. G. Install exposed raceways parallel or at right angles to nearby surfaces or structural members and follow surface contours as much as possible. 1. Run parallel or banked raceways together on common supports. 2. Make parallel bends in parallel or banked runs. Use factory elbows only where elbows can be installed parallel; otherwise, provide field bends for parallel raceways. H. Join raceways with fittings designed and approved for that purpose and make joints tight. 1. Use insulating bushings to protect conductors. I. Terminations: Project No. 50146 16130 - 4 Section 16130 RACEWAYS AND BOXES September 17, 2003 1. Where raceways are terminated with locknuts and bushings, align raceways to enter squarely and install locknuts with dished part against box. Use two locknuts, one inside and one outside box. 2. Where raceways are terminated with threaded hubs, screw raceways or fittings tightly into hub so end bears against wire protection shoulder. Where chase nipples are used, align raceways so coupling is square to box; tighten chase nipple so no threads are exposed. J. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb (90-kg) tensile strength. Leave at least 12 inches (300 mm) of slack at each end of pull wire. 3.3 PROTECTION A. Provide final protection and maintain conditions that ensure coatings, finishes, and cabinets are without damage or deterioration at time of Substantial Completion. 1. Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. 2. Repair damage to PVC or paint finishes with matching touchup coating recommended by manufacturer. Project No. 50146 16130 - 5 1111, *1110 Section 16130 RACEWAYS AND BOXES September 17, 2003 3.4 CLEANING A. After completing installation of exposed, factory-finished raceways and boxes, inspect exposed finishes and repair damaged finishes. END OF SECTION Project No. 50146 16130 - 6 L Section 16442 PANEL BOARDS September 17, 2003 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Lighting and appliance branch-circuit panelboards. 1.3 DEFINITIONS A. EMI: Electromagnetic interference. B. GFCI: Ground-fault circuit interrupter. C. RFI: Radio-frequency interference. D. RMS: Root mean square. E. SPDT: Single pole, double throw. 1.4 SUBMITTALS A. Product Data: For each type of panelboard, overcurrent protective device, transient voltage suppression device, accessory, and component indicated. Include dimensions and manufacturers' technical data on features, performance, electrical characteristics, ratings, and finishes. B. Shop Drawings: For each panelboard and related equipment. 1. Dimensioned plans, elevations, sections, and details. Show tabulations of installed devices, equipment features, and ratings. Include the following: a. Enclosure types and details for types other than NEMA 250, Type 1. b. Bus configuration, current, and voltage ratings. c. Short-circuit current rating of panelboards and overcurrent protective devices. Project No. 50146 16442 - 1 tor Section 16442 PANEL BOARDS September 17, 2003 d. UL listing for series rating of installed devices. e. Features, characteristics, ratings, and factory settings of individual overcurrent protective devices and auxiliary components. 2. Wiring Diagrams: Power, signal, and control wiring. C. Manufacturer Seismic Qualification Certification: Submit certification that panelboards, overcurrent protective devices, accessories, and components will withstand seismic forces defined in Division 16 Section "Seismic Controls for Electrical Work." Include the following: 1. Basis of Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation. a. The term "withstand" means "the unit will remain in place without separation of any parts from the device when subjected to the seismic forces specified." b. The term "withstand" means "the unit will remain in place without separation of any parts from the device when subjected to the seismic forces specified and the unit will be fully operational after the seismic event." 2. Dimensioned Outline Drawings of Equipment Unit: Identify center of gravity and locate and describe mounting and anchorage provisions. 3. Detailed description of equipment anchorage devices on which the certification is based and their installation requirements. D. Field quality-control test reports including the following: 1. Test procedures used. 2. Test results that comply with requirements. 3. Results of failed tests and corrective action taken to achieve test results that comply with requirements. E. Panelboard Schedules: For installation in panelboards. 1.5 QUALITY ASSURANCE A. Source Limitations: Obtain panelboards, overcurrent protective devices, components, and accessories through one source from a single manufacturer. B. Product Options: Drawings indicate size, profiles, and dimensional requirements of panelboards and are based on the specific system indicated. Refer to Division 1 Section "Product Requirements." Project No. 50146 16442 - 2 Section 16442 PANEL BOARDS September 17, 2003 C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. D. Comply with NEMA PB 1. E. Comply with NFPA 70. 1.6 PROJECT CONDITIONS A. Environmental Limitations: Rate equipment for continuous operation under the following conditions, unless otherwise indicated: 1. Ambient Temperature: Not exceeding 104 deg F (40 deg C). 2. Altitude: Not exceeding 6600 feet (2000 m). 3. Damp Environment. B. Service Conditions: NEMA PB 1, usual service conditions, as follows: 1. Ambient temperatures within limits specified. 2. Altitude not exceeding 6600 feet (2000 m). C. Interruption of Existing Electric Service: Do not interrupt electric service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary electric service according to requirements indicated: 1. Notify Construction Manager no fewer than two weeks in advance of proposed interruption of electrical service. 2. Do not proceed with interruption of electrical service without Construction Manager's written permission. 1.7 COORDINATION A. Coordinate layout and installation of panelboards and components with other construction that penetrates walls or is supported by them, including electrical and other types of equipment, raceways, piping, and encumbrances to workspace clearance requirements. B. Coordinate size and location of concrete bases. Cast anchor-bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified in Division 3. Project No. 50146 16442 - 3 tow *4 Section 16442 PANEL BOARDS September 17, 2003 1.8 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Keys: Six spares for each type of panelboard cabinet lock. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Panelboards, Overcurrent Protective Devices, Controllers, Contactors, and Accessories: a. Eaton Corporation; Cutler-Hammer Products. b. General Electric Co.; Electrical Distribution & Protection Div. c. Siemens Energy & Automation, Inc. d. Cutler-Hammer. 2.2 MANUFACTURED UNITS A. Fabricate and test panelboards according to IEEE 344 to withstand seismic forces defined in Division 16 Section "Seismic Controls for Electrical Work." B. Enclosures: Surface-mounted cabinets. NEMA PB 1, Type 1. 1. Rated for environmental conditions at installed location. a. Other Wet or Damp Indoor Locations: NEMA 250, Type 4. 2. Front: Secured to box with concealed trim clamps. For surface-mounted fronts, match box dimensions; for flush-mounted fronts, overlap box. 3. Hinged Front Cover: Entire front trim hinged to box and with standard door within hinged trim cover. Project No. 50146 16442 - 4 tow Section 16442 PANEL BOARDS September 17, 2003 4. Skirt for Surface-Mounted Panelboards: Same gage and finish as panelboard front with flanges for attachment to panelboard, wall, and ceiling or floor. 5. Gutter Extension and Barrier: Same gage and finish as panelboard enclosure; integral with enclosure body. Arrange to isolate individual panel sections. 6. Column-Type Panelboards: Narrow gutter extension, with cover, to overhead junction box equipped with ground and neutral terminal buses. 7. Finish: Manufacturer's standard enamel finish over corrosion-resistant treatment or primer coat. 8. Directory Card: With transparent protective cover, mounted in metal frame, inside panelboard door. C. Phase and Ground Buses: 1. Material: Hard-drawn copper, 98 percent conductivity. Subparagraphs below are optional features. Coordinate with Drawings. 2. Equipment Ground Bus: Adequate for feeder and branch-circuit equipment ground conductors; bonded to box. 3. Extra-Capacity Neutral Bus: Neutral bus rated 200 percent of phase bus and UL listed as suitable for nonlinear loads. 4. Split Bus: Vertical buses divided into individual vertical sections. D. Conductor Connectors: Suitable for use with conductor material. 1. Main and Neutral Lugs: Compression type. 2. Ground Lugs and Bus Configured Terminators: Compression type. 3. Extra-Capacity Neutral Lugs: Rated 200 percent of phase lugs mounted on extra-capacity neutral bus. E. Service Equipment Label: UL labeled for use as service equipment for panelboards with main service disconnect switches. F. Future Devices: Mounting brackets, bus connections, and necessary appurtenances required for future installation of devices. 2.3 PANELBOARD SHORT-CIRCUIT RATING A. UL label indicating series-connected rating with integral or remote upstream overcurrent protective devices. Include size and type of upstream device allowable, branch devices allowable, and UL series-connected short-circuit rating. B. Fully rated to interrupt symmetrical short-circuit current available at terminals: . Project No. 50146 16442 - 5 *110 *wii Section 16442 PANEL BOARDS September 17, 2003 2.4 LIGHTING AND APPLIANCE BRANCH-CIRCUIT PANELBOARDS A. Branch Overcurrent Protective Devices: Bolt-on circuit breakers, replaceable without disturbing adjacent units. B. Doors: Concealed hinges; secured with flush latch with tumbler lock; keyed alike. 2.5 OVERCURRENT PROTECTIVE DEVICES A. Molded-Case Circuit Breaker: UL 489, with interrupting capacity of 42,000. 1. Thermal-Magnetic Circuit Breakers: Inverse time-current element for low- level overloads, and instantaneous magnetic trip element for short circuits. Adjustable magnetic trip setting for circuit-breaker frame sizes 250 A and larger. 2. Adjustable Instantaneous-Trip Circuit Breakers: Magnetic trip element with front-mounted, field-adjustable trip setting. 3. Current-Limiting Circuit Breakers: Frame sizes 400 A and smaller; let- through ratings less than NEMA FU 1, RK-5. 4. GFCI Circuit Breakers: Single- and two-pole configurations with 30-mA trip sensitivity all circuits breakers shall be GFCI. 2.6 ACCESSORY COMPONENTS AND FEATURES A. Furnish accessory set including tools and miscellaneous items required for overcurrent protective device test, inspection, maintenance, and operation. B. Furnish portable test set to test functions of solid-state trip devices without removal from panelboard. C. Fungus Proofing: Permanent fungicidal treatment for panelboard interior, including overcurrent protective devices and other components. PART 3 - EXECUTION 3.1 INSTALLATION A. Install panelboards and accessories according to NEMA PB 1.1. Project No. 50146 16442 - 6 Section 16442 PANEL BOARDS September 17, 2003 B. Mount top of trim 74 inches (1880 mm) above finished floor, unless otherwise indicated. C. Mount plumb and rigid without distortion of box. Mount recessed panelboards with fronts uniformly flush with wall finish. D. Install overcurrent protective devices and controllers. 1. Set field-adjustable switches and circuit-breaker trip ranges. E. Install filler plates in unused spaces. F. Stub four 1-inch (27-GRC) empty conduits from panelboard into accessible ceiling space or space designated to be ceiling space in the future. Stub four 1- inch (27-GRC) empty conduits into raised floor space or below slab not on grade. G. Arrange conductors in gutters into groups and bundle and wrap with wire ties. 3.2 IDENTIFICATION A. Identify field-installed conductors, interconnecting wiring, and components; provide warning signs as specified in Division 16 Section "Basic Electrical Materials and Methods." B. Create a directory to indicate installed circuit loads after balancing panelboard loads. Obtain approval before installing. Use a computer or typewriter to create directory; handwritten directories are not acceptable. C. Panelboard Nameplates: Label each panelboard with engraved metal or laminated-plastic nameplate mounted with corrosion-resistant screws. 3.3 CONNECTIONS A. Ground equipment according to Division 16 Section "Grounding and Bonding." 3.4 FIELD QUALITY CONTROL A. Prepare for acceptance tests as follows: 1. Test insulation resistance for each panelboard bus, component, connecting supply, feeder, and control circuit. 2. Test continuity of each circuit. Project No. 50146 16442 - 7 Section 16442 PANEL BOARDS September 17, 2003 B. Perform the following field tests and inspections and prepare test reports: 1. Perform each electrical test and visual and mechanical inspection stated in NETA ATS, Section 7.5 for switches and Section 7.6 for molded-case circuit breakers. Certify compliance with test parameters. 2. Correct malfunctioning units on-site, where possible, and retest to demonstrate compliance; otherwise, replace with new units and retest. 3.5 CLEANING A. On completion of installation, inspect interior and exterior of panelboards. Remove paint splatters and other spots. Vacuum dirt and debris; do not use compressed air to assist in cleaning. Repair exposed surfaces to match original finish. - END OF SECTION - Project No. 50146 16442 - 8 o • $5 .00 +CITY OF SEAL BEACH GENERAL PROVISIONS da:, .,11 .:) ') 1s$Y APPLICABLE TO ALL PUBLIC WORKS CONSTRUCTION CONTRACT DOCUMENTS February 2001 PART. .OF BOOK III ,, Book II1:General Provisions- General Provisions TABLE OF CONTENTS SECTION I —DEFINITION AND TERMS 7 SECTION 2-SCOPE AND CONTROL OF WORK 8 2-1 AWARD AND EXTCUTION. • 8 2-1.1 DECISION AS TO WHICH CONTRACTOR IS THE RESPONSIBLE BIDDER. S 2-1.2 REJECTION OF BIDS. S 2-1.3 REGISTRATION OF CONTRACTORS 8 2-1.4 EXECUTION OF CONTRACT. S 2-2 ASSIGNMENT. 8 2-3 SUBCONTRACTS S 2-3.1 . GENERAL. 8 2-3.2 ADDITIONAL RESPONSIBILITY S 2-3.3.STATUS OF SUBCONTRACTORS. 9 2-3.3.1 REMOVAL OF SUBCONTRACTORS 9 2-3.3.2 SUBSTITUTION OF SUBCONTRACTORS. 9 2-3.3.3 CLAUSE FOR SUBCONTRACTOR'S CONTRACT: 9 2-4 CONTRACT BONDS 9 2-5 PLANS AND SPECIFICATIONS. 9 2-5.1 GENERAL. 9 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS. 10 2-5.3 SHOP DRAWINGS AND SUBh4ITTALS. 10 2-5.3.1 GENERAL. 10 2-5.3.2 SHOP DRAWINGS AND SAMPLES. 10 TABLE 2-5.3.2 (A) 11 2-5.3.3 SUBMITTALS. 12 2-5.3.4 WORK DONE PRIOR TO APPROVAL. 12 2-5.3.5 SAMPLES 12 2-5.4 INTERPRETATIONS OF PLANS AND SPECIFICATIONS 12 2-5.5 CONFORMITY WITH PLANS AND ALLOWABLE VARIATION 12 2-6 WORK TO BE DONE I2 2-7 EXAMINATION OF PLANS, SPECIFICATIONS,CONTRACT,AND SITE. 12 12 • 2-8 RIGHT OF WAY.. 13 2-9 SURVEYING. 13 .2-9.1 SURVEY MOND ENTATION' 13 2-9.2 SURVEY SERVICE. 14 2-9.3 PRIVATE ENGINEERS. 14 2-9.4 LINE AND GRADE. 14 2-10 AUTHORITY OF THE ENGINEER 14 2-10.1 GENERAL 14 • 2-10.1 DESIGNEE. 14 2-10.3 TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES. 14 2-11 INSPECTION. 14 SECTION 3- CHANGES IN WORK 15 3-1 CHANGES 15 3-1.1 PROCEDURE AND PROTEST. 15 3-1.2 INCREASED OR DECREASED QUANTITIES 15 3-1.2.1 INCREASES OF MORE THAN 25 PERCENT 15 Book 1I1: General Provisions-2 tho 3-1.2.2 DECREASES OF MORE TI-IAN 25 PERCENT. 16 3-1.2.3 ELIMINATED]TEMS. l6 3-1.3 CHANGES IN CHARACTER OF WORK. 16 3-1.4 EXTRA WORK. 16 SECTION 4- CONTROL OF MATERIALS 18 4-1 MATERIALS AND WOR}'.MANSHIP. 18 4-1.1.1 GENERAL 18 4-1.1.2 18 4-1.1.3 18 4-1.1.4 18 4-1.1.5 18 4-1.2 PROTECTION OF WORK AND MATERIALS. 18 4-1.3 INSPECTION REQUIREMENTS. 18 4-1.3.1 GENERAL 18 4-1.3.2 INSPECTION OF MATERIALS NOT LOCALLY PRODUCED. 18 4-1.3.3 INSPECTION BY THE AGENCY 18 4-1.3.3.1 GENERAL. 18 4-1.3.3.2 AFTER HOURS INSPECTION. 18 4-1.3.3.3 RE-TESTS. 19 4-1.3.3.4 COMPACTION TESTS: 19 4-1.3.3.5 VESTS BY OUTSIDE AGENCIES. 19 4-1.3.3.6"OR-EQUAL"SUBSTITUTIONS 19 4-1.3.3.7 TESTING FIRMS 19 4-1.3.3.8 COVERED WORK. 19 4-1.4 TEST OF MATERIALS 19 4-1.5 CERTIFICATION 19 4-1.6 TRADE NAMES OR EQUALS 19 4-2 LOCAL MATERIALS 20 4-2.01 GENERAL 20 4-2.02 POSSIBLE LOCAL MATERIAL SOURCES 20 4-2.03 MANDATORY LOCAL MATERIAL SOURCES. '1 SECTION 5- UTILITIES 13 5-1 LOCATION. 23 5-2 PROTECTION. '3 5-3 REMOVAL. '3 5-4 RELOCATION. '3 5-5 DELAYS. '4 5-6 COOPERATION. '4 5-7 TITLE 8, SECTION 2700 CALIFORNIA ADMINISTRATIVE CODs '4 SECTION 6- PROSECUTION,PROGRESS,.AND ACCEPTANCE OF THE WORK ''5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORI•' '5 6-1.1 SCHEDULE. 'S 6-1.2 COMJVENCEMENT OF WORK. '5 6-2 PROSECUTION OF WORK. '5 6-3 SUSPENSION OF WOR3:. 6-3.1 GENERAL '5 6-3.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES �6 6-3.3 SUSPENSION OF CONTRACT. 26 6-4 DEFAULT BY CONTRACTOR '6 6-5 TERMINATION OF CONTRACT. '6 6-6 TEMPORARY SUSPENSION OF WORK. '7 6-7 TIME OF COMPLETION '7 6.5 COMPLETION, ACCEPTANCE. AND GUARANTEE. ^8 Book III: General Provisions-3 6-8.1 GENERAL '78 6-8.2 GUARANTEE. • -,8 6-8.3 BONDS FOR GUARANTEE 28 6-9 LIQUIDATED DAMAGES. �8 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION �9 6-11 DIFFERING SITE CONDITIONS. 29 6-12 RIGHT OF WAY DELAYS. 30 SECTION 7- RESPONSIBILITIES OF THE CONTRACTOR 31 • 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. 31 7-2 LABOR. 31 7-2.1 GENERAL 31 7-2.2 LAWS 7,1 7-3 LIABILITY INSURANCE AND INDEMNIFICATION 31 7-3.1 INSURANCE 31 7.3.2 INDEMNIFICATION 31 7-4 WORKERS' COMPENSATION INSURANCE. 32 7-5 PERMITS. 32 7-6. SUPERINTENDENCE 32 7-7 COOPERATION AND COLLATERAL WORK. 32 7-8 PROJECT SITE MAINTENANCE ';3 7-8.1 CLEANUP AND DUST CONTROL 7-8.2 AIR POLLUTION CONTROL. 33 7-8.3 VERMIN CONTROL 33 7-8.4 SANITATION. 33 7-8.5 TEMPORARY LIGHT,POWER,AND WATER 33 7-8.6 WATER POLLUTION CONTROL 33 7-8.7 DRAINAGE CONTROL 33 7-8.8 SOUND AND VIBRATION CONTROL REQUIREMENTS. 33 7-8.9 GRAFFITI REMOVAL AND CONTROL. 34 7-8.10 FURNISHING AND APPLYING WATER: 34 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. 34 7-10 PUBLIC CONVENIENCE AND SAFETY. ;4 7-10.1 TRAFFIC AND ACCESS 34 7-10.2 STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS. 36 7-10.3 STREET CLOSURES,DETOURS, BARRICADES 36 7-10.4 SAFETY 37 GENERAL 37 7-10.4.1. SAFETY ORDERS 37 7-10.4.2 USE of EXPLOSIVES. 37 7-10.4.3 SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES 37 7-10.4.4 CONFINED SPACES 37 7-10.4.5 TRENCHES AND EXCAVATIONS. 38 7-11 PATENT FEES OR ROYALTIES. 38 7-12 ADVERTISING. 38 7-13 LAWS TO BE OBSERVED 38 7-14 ANTITRUST CLAIMS 38 SECTION 8- FACILITIES FOR AGENCY PERSONNEL 40 • 8-1 GENERAL 40 8-2 FIELD OFFICE FACILITIES. 40 8-2.1 CLASS"A'. FIELD OFFICE. 40 8-2.2 CLASS"3"FOLD OFFICE. 40 8-2.3 CLASS"C" FIELD OFFICE.. 40 8-3 FIELD LABORATORIES. 40 8-3.1 OFFSITE AT MANUFACTURING PLANT. 40 Bool:111: General Provision -4 (110 1110 8-:.2 AT PROJECT SI'Z'E 40 S-4 BATHHOUSE FACILITIES. 41 8-5 REMOVAL OF FACILITIES. 41 8-6 BASIS OF PAYNE-NT. 41 SECTION 9- MEASUREMENT AND PAYMENT 42 MEASUREMENT OF QUANTITIES. 42 GENERAL. 42 UNITS OF MEASUREMENT. 42 SCALES. 42 WEIGHING,MEASURING AND METERING DEVICES. 42 MATERIAL SHIPPED BY RAIL. 43 VEHICLE PAID BY MASS. 43 "MEASURED IN VEHICLE." 43 VOLUME MEASUREMENT 43 MATERIALS WASTED 43 MEASUREMENT BY MASS. 43 COMPENSATION. 43 9-2 LUI.sP SUM WoRK. 43 9-3 PAYMENT 43 9-3.1 GENERAL 43 9-3.1.1 FINAL PAY ITEMS. 44 9-3.1.2 SCOPE OF PAYMENT. 44 9-3.1.2 RECORDS. 45 9-3.2 PARTIAL AND FINAL PAYMENT. 45 9-3.2.) PARTIAL PAYMENTS. • 45 9-3.2.2.2 SUBSTITUTION OF SECURITIES FOR Rh'hNTION 46 9-3.2.2.3 RELEASE OF RETENTION 46 9-3.2.3 FINAL INVOICE AND PAYMENT 46 9-3.2.3.1 SUBSTANTIAL COMPLETION: • 46 9-3.2.3.2 FINAL APPLICATION FOR PAYMENT AND CLAIMS' 46 9-3.2.3.3 FINAL PAYMENT: 48 9-3.2.3.4 ACCEPTANCE 48 9-3.3 DELIVERED MATERIALS. 4S 9-3.4 MOBILIZATION. 48 9-4 FORCE ACCOUNT PAYMENT. 48 9-4.1 WORK PERFORMED BY CONTRACTOR. 48 9-4.1.1 LABOR. 48 9-4.1.1.1 ACTUAL WAGES. 49 9-4.1.1.2 LABOR SURCHARGE. 49 9-4.1.1.3 SUBSISTENCE AND TRAVEL ALLOWANCE 49 9-4.1.2 M.ATERIALs. 49 49 9-4.1.2.2 49 9-4.1.2.3 z9 49 9aJ.2.5 ' 49 9-4.1.3 EQUIPMENT RENTAL 49 EQUIPMENT ON TI-E- WORT; 50 9-4.1.3.2 EQUIPMENT NOT ON THE WORK. 60 9-4.1.3.3 OWNER-OPERATED EQUIPMENT. 51 9-4.1.3.4 DUMP TRUCK RENTAL. 1 9-4.2 WORK PERFORMED BY SPECIAL FORCES OR OTHER SPECIAL SERVICES 61 9-4.3 RECORDS. 51 9-4.4 PAYMENT 9-5 STOP NOTICES. ^� Bool:III:General Provisions-5 9-6 NOTICE OF POTENTIA CLAIM. 52 9-7 UNPAID CLAIMS. 53 9-S RIGHT TO AUDIT 53 Book III:General Provisions-6 *Mr 410 DEFINITION AND TERMS SECTION 1 SECTION 1 - DEFINITION AND TERMS Section 1 — Terms, Definitions, Abbreviations, Units of Measure, and Symbols of the "Greenbook", Standard Specifications for Public Works Construction, 2000 is made a part of these General Provisions. In addition, wherever in the "Standard Specifications" or ' Contract Documents, the following terms are used, they shall be understood to mean and refer to the following.: Agency & Owner-City of Seal Beach Board -City Council,City of Seal Beach Engineer - The City Engineer, acting either directly or through the properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Department — Department of Public Works, City of Seal Beach. Director — The Director of Public Works, acting. either directly or through the properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Engineer's Estimate — The list of estimated quantities of work to be performed as contained in the"Proposal Form." Notice to Contractors-Notice Inviting Sealed Bids Proposal Form — The approved from which the Department requires formal bids be prepared and submitted for the work. Work — All the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alteration, amendments or extensions thereto made by contract change order or other written orders of the Engineer. Book III:Genera]Provisions-7 II %r_ SCOPE AND CONTROL OF WORK SECTION 2 SECTION 2- SCOPE AND CONTROL OF 2.3 Subcontracts. WORK 2-3.1 . General. Each Bidder shall comply with the Chapter of the Public 2-1 Award and Execution. Contract Code including Sections 4100 through 41)3. The Award and execution of Contract will be as provided for in following excerpts or summaries of some of the the Specifications, Instruction to Bidders, or Notice requirements of this Chapter are included below for Advertising for Bids. information: 2-1.1 Decision as to which Contractor is the The Bidder shall set forth in the Bid,as provided in 4104: ' responsible bidder. "(a)The name and location of the place of business of each All bidders must submit with their proposals satisfactory subcontractor who will perform work or labor or render, evidence that they are capable of performing the work in service to the prime contractor in or about the construction accordance with Plans and Specifications. The Engineer of the work or improvement, or a subcontractor licensed may require any bidder bidding on any public by the State of California who, under subcontract to the improvement to submit experience records covering a prime contractor, specially fabricates and installs a portion three-year period. The City may reject the bid of any of the work or improvement according to detailed bidder who has been delinquent or unfaithful in the drawings contained in the plans and specifications, in an performance of previous contract work. The City's amount in excess of one-half of 1 percent of the prime decision shall be final and binding upon all parties. contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, 2-1.2 Rejection of Bids. in excess of one-half of 1 percent of the prime contractor's Bid proposals may be rejected by the City where, upon total bid or ten thousand dollars (S10,000), whichever is evidence of a prior performance of the bidder, the City greater." makes a finding that the bidder is not a responsible contractor because of unsatisfactory performance within "(b) The portion of the work which will be done by each the past three years with the City or other public entities. such subcontractor under this act. The prime contractor The City reserves the right to reject any or all bids and to shall list only one subcontractor for each suchcportion as,is waive any irregularity or informality in any bid to the defined by the prime contractor in his bid extent permitted by law. If the Contractor fails to specify a Subcontractor, or 2-1.3 Registration of Contractors. specifies more than one Subcontractor for the same portion 9 of the work to be performed under the Contract (in excess At the time of the award of the Contract, the successful of one-half of 1 percent of the Contractor's total Bid), the bidder shall possess•a valid contractor's license, and shall Contractor shall be qualified to perform that portion itself, comply with any applicable City requirements concerning and shall perform that portion itself, except as otherwise Contractor qualifications. In the event of a dispute provided in the Code. concerning license classification, the opinion of the Contractor's State License Board shall prevail. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in 2-1.4 Execution of Contract. place of the Subcontractor listed in the original Bid., except The Contract shall be executed by the successful bidder in for .causes and by procedures established in Section accordance with the Instructions for Execution of 4107.5. This section provides procedures to correct a • Instruments, and returned to the City for execution, and clerical error in the listing of a Subcontractor. shall be accompanied by bonds as described in section 2-4 Section .4110 provides that a Contractor violating any of and evidence of insurance as described in section 7-3, all the provisions of the Chapter violates the Contract and the within 10 calendar days from the date of City Council . Board may exercise the option either to cancel the Contract award. Written notice of the award will be mailed and/or or assess the Contractor a penalty in an amount of not faxed to the bidder. No bid proposal shall be considered more than 10 percent of the subcontract involved, after a binding upon the City until such time as a contract has public hearing. been executed by the City. 2-2 Assignment. 2-3.2 Additional Responsibility The Contractor shall give personal attention to the No Contract or portion thereof may be assigned without fulfillment of the Contract and shall keep the Work under consent of the Board, except that the Contractor may its control. assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be ''The Contractor shall perform with its own organization, recognized by the Board to the extent permitted by law. Contract work amounting to at least 50 percent of the Any assignment of money shall be subject to all proper Contract Price except that any designated "Specialty withholdings in favor of the Agency and to all deductions Items" may be performed by subcontract and the amount provided for in the Contract. All money withheld, whether of any such "Specialty Items" so performed may be assigned or not, shall be subject to being used by the deducted from the Contract Price before computing the Agency for completion of the Work, should the Contractor amount required to be performed by the Contractor with its be in default. own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is Book Ill:General Provisions-8 mr 4 SCOPE AND CONTROL OF WORK SECTION 2 subcontracted, the value of work subcontracted will be Each bond shall incorporate, by reference, the Contract based on the Contract Unit Price. When a portion of an and be signed by both. the Bidder and Surety and the item is subcontracted, the value of work subcontracted will signature of the authorized agent of the Surety shall be be based on the estimated percentage of the Contract Unit notarized. Price. This will be determined from information submitted The Bidder shall provide two good and sufficient surety by the Contractor,and subject to approval by the Engineer. bonds. The "Payment Bond" (Material and Labor Bond Before the work of any Subcontractor is started, the (shall be for not less than 100 percent of the Contract ' Contractor shall submit to the Engineer for approval a Price,to satisfy claims of material suppliers and mechanics written statement showing the work to be subcontracted and laborers employed by it on the work. The bond shall giving the name and business of each Subcontractor and be maintained by the Contractor in full force and effect ; description and value of each portion of the work to be so until the Work is accepted by the Agency and until all subcontracted_ claims for materials and labor are paid,and shall otherwise comply with the Civil Code. 2-3.3. Status of Subcontractors. Subcontractors shall be considered employees of the The "Performance Bond" shall be for 100 percent of the Contractor, and the Contractor shall be responsible for Contract Price to guarantee faithful performance of all their work work, within the time prescribed, in a manner satisfactory to the Agency,and that all materials and workmanship will 2-3.3.1 Removal of Subcontractors. be free from original or developed defects. The bond must Should any subcontractor fail to perform the work remain in effect until the end of all warranty periods set undertaken by him to the satisfaction of the Engineer, said forth in the Contract. subcontractor shall be removed immediately from the . Should any bond become insufficient, the Contractor shall project upon request by the Engineer, and shall not again renew the bond within 10 days after receiving notice from be employed on the work,and the Contractor shall be held the Agency. liable for the deficient work. Should any Surety at any time be unsatisfactory to the 2-3.3.2 Substitution of Subcontractors. board, notice will be given the Contractor to that effect. No The Contractor shall submit to the City a list with the further payments shall be deemed due or will be made names, addresses and telephone numbers of all under the Contract until a new Surety shall qualify and be subcontractors who will work under him on the project accepted by the Board. prior to commencement of the work. The list may be Changes in the Work or extensions of time,made pursuant amended from time to time as long as no subcontractor is to the Contract, shall in no way release the Contractor or added to the list without the prior consult of the City. No Surety from its obligations. Notice of such changes or work may be performed by subcontractors that is not on extensions shall be waived by the Surety. the list. if the Surety on any Bond furnished by the Contractor is 2-3.3.3 Clause for Subcontractor's Contract: declared a bankrupt or becomes insolvent or its right to do The Contractor shall insert the following clause into any of business is terminated in California, the Contractor shall his subcontracts for this Work: within 7 days thereafter substitute another Bond and "Subcontractor has read and is thoroughly familiar with Surety,which must be acceptable to the City. said Contract Documents and agrees to be bound to Each bond shall be on the forms provided in the Contract contractor by the terms of said Contract Documents insofar Documents or as approved by the City Attorney. Each as they relate to any part or in any way to the work bond shall be executed in accordance with the Instructions undertaken herein, and to assume towards contractor, in For Execution of Instruments set forth in the proposal connection with the work covered by the subcontract, all section. of the obligations and responsibilities which contractor by those documents assumes toward the Agency or anyone 2-5 Plans and Specifications. — else." 2-4 Contract Bonds.. 2-5.1 General. Before execution of the Contract, the Bidder shall file The Contractor shall keep at the Work site z copy of the surety bonds with the Agency to be approved by the Board Plans and Specifications, to which the Engineer shall have in the amounts and for the purposes noted below. Bonds access at all times. issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to The Plans, Specifications, and other Contract Documents issue bonds in California, and whose bonding limitation will govern the Work. The Contract Documents are shown in said circular is sufficient to provide bonds in the intended to be complementary and cooperative and to amount required by the Contract shall be deemed to be describe and provide for a complete project. Anything in approved unless specifically refected by the Agency. the Specifications and not on the Plans,or on the Plans and Bonds from all other sureties shall be accompanied by all not in the Specifications, shall be as though shown or of the documents enumerated in Code of Civil Procedure mentioned in both. 995.660 (a). The Bidder shall pay all bond premiums, V mile it is believed that much of the information costs,and incidentals. pertaining to conditions which may affect the cost of the Bool:IIl:General Provisions-9 • SCOPE AND CONTROL OF WORK SECTION 2 work will be shown on the Plans or indicated in the The Contractor shall allow a minimum of 20 working days Specifications, the Agency does not warrant the for review of shop drawings and submittals. Each set of completeness or accuracy of such information. The shop drawings or submittals shall be accompanied by a Contractor shall ascertain the existence of any conditions letter of transmittal describing exactly what is transmitted. affecting the cost of the Work that would have been disclosed by examination of the site. 2-5.3.2 Shop Drawings and Samples. Existing improvements visible at the job site,for which no After checking and verifying all field measurements and p specific disposition is made on the aps but which could after complying with applicable procedures specified, the reasonably e assumed to interfere with the satisfactory Engineer. Contractor shall submit shop drawings for review by the completion of the improvements contemplated by the Plans,shall be removed and disposed of by the Contractor. Before submittal of each shop drawing or sample, the The Contractor shall, upon discovering any error or Contractor shall have determined and verified all in the Plans or Specifications, immediately call it quantities, dimensions, specified performance criteria, omissiont the attentionof thenEngineer. installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or 2-5.2 Precedence of Contract Documents. coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the Should there be any conflict or discrepancy between work and the Contract Documents. provisions of the contract documents and/or the following laws,precedence shall be as follows: Shop drawings shall be prepared in accordance with Applicable federal,state and local laws,regulations or current modern engineering practice and shall be of a size 1. A ppand scale to clearly show all necessary details. permits; 2. Contract Each drawing shall be a good quality transparency, accompanied by six prints. If no change or correction is 3. Change orders and supplemental agreements; required, three prints will be returned to the Contractor. if extensive additions or corrections are required, the 4. Addenda Engineer will return one marked-up print along with the 5. Special Provisions; transparency, for corrections and resubmission. Final transparencies will be retained by the Agency. 6. General Provisions; Shop drawings are required in the following subsections 7. Standard Specifications; (See Table 2-5.3.2(A)): S. Contract Plans and Drawings; 9. Other contract documents. With reference to the Drawings the order of precedence shall be as follows: 1. Figures govern over scaled dimensions; 2. Detail drawings govern over general drawings; 3. Addenda/Change Order drawings govern over Contract Drawings; 4. Contract Drawings govern over standard drawings; 2-5.3 Shop Drawings and Submittals. 2-5.3.1 General. Shop drawings and submittals shall be provided, at the Contractor's expense, when required by the Plans or Specifications,or requested by the Engineer. Materials shall not be furnished or fabricated, nor any work done for which shop drawings or submittals are required, before those shop drawings or submittals have been reviewed, as provided in this section. Neither review nor approval of shop drawings or 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 of the submittals and shop drawings, including shop fiu, field connections,and results obtained by use of such drawings. Book III:General Provisions-10 110 NIP SCOPE AND CONTROL OF WORK SECTION 2 TABLE 2-5.3.2 (A) The following referenced section numbers refer to"Greenbook" Standard Specification for Public Works Construction,2000 Edition. hem Section Number I Title I Subject 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 ' 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation&Backfill 6 303-1.6.1 General I Falsework 7 303-1.7.1 General I Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 • 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General I Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 1307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction • • Book 111:General Provisions-1l • SCOPE AND CONTROL OF WORK SECTION 2 Shop drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, approved Plans. Minor deviations from the approved 14 and 16 shall be prepared by a Civil or Structural Plans, whenever required by the exigencies of Engineer registered by the State of California. construction, must be authorized in writing in all cases by 2.5.3.3 Submittals. the Engineer. Submittals shall consist of the appropriate combination of 2-6 Work to be done.. catalog sheets, material lists, manufacturer's brochures, The Contractor shall perform all work necessary to technical bulletins, specifications, diagrams, or product complete the Contract in a satisfactory manner. Unless 4 samples, necessary to describe a system, product, or item. otherwise provided, the Contractor shall furnish all Submittals for systems shall be bound together and include materials, equipment, tools, labor, and incidentals all manufactured items for the system. Six copies of each necessary to complete the Work. • . t submittal shall be transmitted to the Engineer.If no change or correction is required, three copies will be returned to 2-7 Examination of Plans, Specifications, Contract, the Contractor. and Site. Submittals are required for irrigation systems, street 2-7.1 lighting systems, and traffic signals, and may be required The Contractor represents that he has familiarized himself for any product,manufactured item, or system. with, and assumes full responsibility for having familiarized himself with, the nature and extent of the 2-5.3.4 Work Done Prior to Approval. Plans, the Specifications and other Contract Documents, Where a shop drawing or sample is required by the the actual conditions and requirements of the work and the Specifications, any related Work performed prior to the locality including all local conditions,federal, state and Engineer'review and approval of the pertinent submission local laws, ordinances, rules and regulations that may in will be at the sole expense and responsibility of the any manner affect performance of the work,and represents Contractor. that he has correlated his efforts and observations with the 2-5.3.5 Samples. requirements of the Contract Documents. The Contractor shall furnish all products and materials The Contractor shall carefully study and compare the Plans required to complete the work. All materials and products and Specifications and other Contract Documents; check must be of the specified quality and fully equal to samples, and verify pertinent figures shown thereon; and verify all when samples are required. Whenever required, the applicable field measurements,prior to comtnencing work. Contractor shall submit to the Engineer for purposes of The Contractor shall at once report in vvriting to the testing and free of charge, samples of any one of the Director Public Works any conflict, error or discrepancy materials or products proposed to be used in the work. Said which be may discover. The Contractor shall be samples shall be delivered by the Contractor to the place responsible for exercising reasonable care and skill in within the City designated by the Engineer. Rejected reviewing the Contract Documents to determine whether material must be immediately removed from the work by there is any conflict, error or discrepancy therein,and shall the Contractor and shall not again be brought back to the be responsible for notifying the Director Public Works of site. the same. The submission of a proposal shall be considered conclusive evidence that the Contractor has made the 2-5.4 Interpretations of Plans and Specifications. described examination. Should it appear that the work to be done, or any matter Contractor shall not at any time after submission of the bid relative thereto, is not sufficiently detailed or explained on proposal complain, assert or make a claim based upon the Plans or in the Specifications or in another contract ignorance or misunderstanding with regard to the document, the Contractor shall request in writing to the conditions to be encountered, the character, quality, or Engineer for such further explanation as may be necessary, quantities of work to be performed or materials to be and shall conform to such explanation or interpretation as furnished, and/or the requirements of the proposal, Plans, part of the Contract, so far as may be consistent with the Specifications or other Contract Documents. No claim for intent of the Plans, Specifications and other contract additional compensation shall be made by the Contractor documents.For each request for information received from for extra work created by conflicts, errors or discrepancies the Contractor for which the Engineer determines that the in the Contract Documents that the Contractor should have necessary information is stated in sufficient clarity in the discovered prior to submitting his bid. Contract Documents and that a competent contractor should have been able to determine said information No information derived from inspection of records or„ without the further clarification, the Engineer will deduct investigations or compilations of the. same made by the two hundred dollars from the monies owed the Contractor City will in any way relieve the Contractor from his as partial compensation for the time spent to research the obligations under the Contract nor entitle the Contractor to request any additional compensation. 2-5.5 Conformity with Plans and allowable Where the Department has made investigations of site conditions including subsurface conditions in areas where variation. work is to be performed under the contract, or in other Finished surfaces shall in all cases conform with the lines, areas, some of which may constitute possible local grades, cross-sections and dimensions shown on the material sources, bidders or Contractors may,upon written Book U1:General Provisions-12 limo 41 SCOPE AND CONTROL OF WORK SECTION 2 request, inspect the records of the Department as to those and is furnished solely for the convenience of bidders or investigations subject to and upon the conditions Contractors. It is understood and agreed that the fact that hereinafter set forth. The investigations are made only for the Department has compiled information as "Materials the purpose of study and design. Information" and has exhibited or furnished to the bidders or Contractors the "Materials Information" shall not be Where there has been prior construction by the Department construed as a warranty or guaranty, express or implied, as or other public agencies within the project limits, records to the completeness or accuracy of the compilations and of the prior construction that are currently in the the use of the "Materials Information" shall be subject to possession of the Department and which have been used all of the conditions and limitations set forth in this Section by, or are known to, the desimers and administrators of 2-7.1 and Section 6-2,"Local Materials." the project will be made available for inspection by bidders - t or Contractors, upon written request, subject to the When cross sections are not included with the plans, but conditions hereinafter set forth. The records may include, are available, bidders or Contractors may inspect the cross but are not limited to, as-built drawings, design sections and obtain copies for their use,at their expense. calculations, foundation and site studies, project reports When cross sections are included with the contract plans, it and other data assembled in connection with the is expressly understood and agreed that the cross sections investigation, design, construction and maintenance of the prior projects. do not constitute part of the contract, do not necessarily represent actual site conditions or show location, character, The records of investigations and project records are not a dimensions and details of work to be performed, and are part of the contract and are available solely for the included in the plans on))' for the convenience of bidders convenience of the bidder or Contractor. It is expressly un- and their use is subject to all the conditions and limitations derstood and agreed that the Department assumes no set forth in this Section 2-7.1. responsibility whatsoever in respect to the sufficiency or • When contour maps were used in the design of the project, accuracy of the investigations thus made, the records thereof, or of project records, or of the interpretations set the bidders may inspect those maps, and if available, they forth therein or made by the Department in its use thereof may obtain copies for their use. and there is no warranty or guaranty, either express or The availability or use of information described in this implied,that the conditions indicated by the investigations Section 2-7.1 is not to be construed in any way as a waiver or records are representative of those existing in or of the provisions of the first paragraph in this Section 2-7.1 throughout those areas, or any part thereof, or that and a bidder or Contractor is cautioned to make any unlooked-for developments may not occur, or that independent investigation and examination as they, deem materials other than, or in proportions different from those necessary to be satisfied as to conditions to be encountered indicated,may not be encountered. in the performance of the work and, with respect to When a log of test borings or other record of geotechnical possible local material sources, the qualityand quantity of data obtained by the Department's investigation of material available from the property and the type and subsurface conditions is included with the contract plans, it extent of processing that mai be required in order to is expressly understood and agreed that the record does not produce material conforming to the requirements of the constitute a part of the contract, represents only the specifications. opinion of the Department as to the character of the No information derived from the inspection of materials or the conditions encountered by it in its investigations or compilation thereof made by the investigations, is included in the plans only for the Department or from the Engineer, or the Engineer's convenience of bidders and its use is subject to all of the assistants, will in any way relieve the bidder or Contractor conditions and limitations set forth in this Section 2-7.1. from any risk or from properly fulfilling the terms of the All soil and test hole data, water table elevations, and soil contract. analyses shown on the drawings or included in the 2-8 Right of Way.. Specifications apply only at the location of the test holes and to the depthspindicated Soil test reports for test holes Rights-o`--way, easements, or rights-of-entry for the Work which have been drilled are available for inspection at the will be provided by the Agency. Unless otherwise provided,the Contractor shall make arrangements, pay for, office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at and assume all responsibility for acquiring, using, and their own expense. The indicated elevation of the water disposing of additional work areas and facilities table is that which existed on the date when test hole data temporarily required. The Contractor shall indemnify and was determined. It is the Contractor's responsibility to hold the Agency harmless from all claims for damages ', determine and allow for the elevation of groundwater at caused by such actions. the date of project construction. A difference in elevation 2-9 Surveying. between groundwater shown in soil boring logs and groundwater actually encountered during construction will 2-9.1 Survey Monumentation: not be considered as a basis for extra work The Contractor shall re-establish centerline ties and any In some instances, information considered bythe survey monumentation, if necessary. Full compensation for performing any needed survey for this article not Department to be of possible interest to bidders or otherwise provided for; shall be considered as included in - Contractors has been compiled as "Materials Information." the prices paid for the various contract items of work and The "Materials Information' is not a part of the contract no additional compensation will be allowed therefore. Book II1:General Provisions-l3 • SCOPE AND CONTROL OF WORK SECTION 2 - When a change is made in the finished elevation of the deem necessary due to failure on the part of the Contractor pavement of any roadway in which a permanent survey or his workmen to carry out orders or to perform any of the monument is located, the Contractor shall adjust the requirements of the Contract. The Contractor shall monument cover to the new grade within 7 days of immediately comply with such an order from the Engineer finished paving unless otherwise specified_ and shall not resume operations until so ordered in writing. 2-9.2 Survey Service. 2.11 inspection. The Contractor shall be required to provide any and all The Work is subject to inspection and approval by the necessary construction survey staking required to construct Engineer. The Contactor shall notify the Engineer before the project. Full compensation for performing any needed noon of the working. day before inspection is required_ construction survey staking not otherwise provided for, Whenever the Contractor varies the period during which shall be considered as included in the prices paid for the work is carried on each day, he shall give adequate notice. various contract items of work and no additional to the Engineer so that proper inspection may be provided. compensation will be allowed therefor. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without 2-9.3 Private Engineers. proper inspection will be subject to rejection. The Engineer Surveying by private engineers on the Work shall conform and any authorized representatives shall at all times have to quality and practice required by the Engineer. access to the Work during its construction at shops and yards as well as the project site. The Contractor shall 2-9.4 Line and Grade. provide every facility for ascertaining that the materials All work shall conform to the lines, elevations, and grades and workmanship are in accordance with these shown on the Plans. specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Three consecutive points set on the same slope shall be Contract. used together so that any variation from a straight grade can be detected.Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade sof the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 Authority of the Engineer 2-10.1 General. The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner'of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part. of the Contractor, and all questions as to compensation. The Engineer's decision shall be final and the Engineer shall have authority to enforce and make effective those decisions and orders which the Contractor fails to carry out promptly. 2-10.1 Designee. The Engineer shall have the authority to designate from time to time, agents or representatives to have the authority to act on his behalf acting within the scope of the particular duties delegated to them. The Engineer will designate these agents at the pre-const-uction conference. Any reference to the "Engineer" in these Contract Documents shall mean to include"or his designee". /' 2-10.3 Temporary Stoppage of Construction Activities. The Engineer shall have the authority to suspend the Contact work; wholly or in part, for such a period of time as he may deem necessary, due to unsuitable weather or to such other conditions as he considers unfavorable for the proper prosecution of the work, or for such time as he may Bool:Ill:General Provisions-14 • CHANGES IN WORK SECTION 3 SECTION 3- CHANGES I N WORK Where the protest concerning an approved contract change order relates to the adjustment of contract time for the 3-1 Changes. completion of the work, the time to be allowed therefor The Department reserves the right to make such will be determined as provided in Section 6-9,"Liquidated alterations, deviations, additions to or deletions from the Damages." plans and specifications, including the right to increase or Proposed contract change orders may be presented to the decrease the quantity of any item or portion of the work or Contractor for consideration prior to approval by the ' to delete any item or portion of the work, as may be Engineer. If the Contractor signifies acceptance of the deemed by the Engineer to be necessary or advisable and terms and conditions of the proposed contract change order to require such extra work as may be determined by the by executing the document and if•the change order is S Engineer to be required for the proper completion or approved by the Engineer and issued to the Contractor, construction of the whole work contemplated. payment in accordance with the provisions as to Those changes will be set forth in a contract change order compensation therein set forth shall constitute full which will ec sP in addition to the work to be done in compensation for all work included therein or required thereby. A contract change order executed b y the I connection with the change made, adjustment of contract � time, if any, and the basis of compensation for that work. Contractor and approved by the Engineer is an executed A contract change order will not become effective until contract change order as that term is used in Sections 3-1.2 approved by the Engineer. to 3-1.4, inclusive. An approved contract change order shall supersede a proposed, but unapproved, contract Upon receipt of an approved contract change order, the change order covering the same work. Contractor shall proceed with the ordered work. if ordered in writing by the Engineer, the Contractor shall proceed The Engineer may provide for an adjustment of with the work so ordered prior to actual receipt of an compensation as to a contract item of work included in a approved contract change order therefor. In those cases, contract change order determined as provided in Sections the Engineer will,as soon as practicable,issue an approved 3-1.2 to 3-1.4, inclusive,if that item of work is eligible for contract change order for the ordered work and the an adjustment of compensation thereunder. provisions in Section 3-1.1,"Procedure and Protest,"shall 3-1.2 Increased or Decreased Quantities. be fully applicable to the subsequently issued contract change order. Increases or decreases in the quantity of a contract item of work will be determined by comparing the total pay When the compensation for an item of work is subject to quantity of that item of work with the Engineer's Estimate adjustment under the provisions of this Section 3-1, the therefor. Contractor shall, upon request, furnish the Engineer with adequate detailed cost data for that item of work. If the if the total pay quantity of any item of work required under Contractor requests an adjustment in compensation for an the contract varies from the Engineer's Estimate therefor item of work as provided in Sections 3-1.2.1 or 3-1.2.2,the by 25 percent or less, payment willbe made for the cost data shall be submitted with the request. quantity of work of the item performed at the contract unit price therefor, unless eligible for adjustment pursuant to 3-1.1 Procedure and Protest. Section 3-1.3,"Changes in Character of Work." A contract change order approved by the Engineer may be if the total pay quantity of any item of work required under issued to the Contractor at any time. Should the Contractor the contract varies from the Engine:er's Estimate therefor disagree with any terms or conditions set forth in an by more than 25 percent, in the absence of an executed approved contract change order not executed by the contract change order specifying the compensation to be Contractor, the Contractor shall submit a written protest to paid, the compensation payable to the Contractor will be the Engineer within 7 days after the receipt of the determined in accordance with Sections 3-1.2.1,3-1.2.2,or approved contract change order. The protest shall state the 3-1.2.3, as the case may be. points of disagreement, and, if possible, the contract specification references,quantities,and costs involved. If a 3-1.2.1 Increases of More Than 25 Percent written protest is not submitted, payment will be made as Should the total pay quantity of any item of work required set forth in the approved contract change order and that under the contract exceed the Engineer's Estimate therefor payment shall constitute full compensation for all work by more than 25 percent,the work in excess of 125 percent included therein or required thereby.Unprotested approved of the estimate and not covered by an executed contract contract change orders will be considered as executed change order specifying the compensation to be paid contract change orders as that term is used in Sections 3- therefor will be paid for by adjusting the contract unit ti 1.2 to 3-1.4,inclusive. price, as hereinafter provided, or at the option of the Where the protest concerning an approved contract change Engineer,payment for the work involved in the excess will order relates to compensation, the compensation payable be made on the basis of force account as provided in for all work specified or required by that contract change Section 9-4. order to which the protest relates will be determined as The adjustment of the contract unit price will be the provided in Sections 3-1.2 to 3-1.4, inclusive. The difference between the contract unit price and the actual Contractor shall keep full and complete records of the cost unit cost, which will be determined as hereinafter of that work and shall permit the Engineer to have access provided, of the total pay quantity of'the item. if the costs thereto as may be necessary to assist in the determination applicable to the item of work include fixed costs, the of the compensation payable for that work. Book III:General Provisions-I 5 II • CHANGES IN WORK SECTION 3 fixed costs will be deemed to have been recovered by the returnable to the vendor and if the Engineer so directs,the Contractor by the payments made for 125 percent of the material shall be returned and the Contractor will be paid Engineer's Estimate of the quantity for the item, and in for the actual cost of charges made by the vendor for computing the actual unit cost, the fixed costs will be returning the material.The actual cost of handling returned excluded. Subject to the above provisions, the actual unit material will be paid for. • cost will be determined by the Engineer in the same manner as if the work were to be paid for on a force The actual costs or charges to be paid bythe Department to account basis as provided in Section 9-4; or the adjustment the Contractor as provided in this Secon 3-12.3 will be will be as agreed to by the Contractor and the Engineer. computed in the same manner as if the work were to be paid for on a force account basis as provided in Section 9- When the compensation payable for the number of units of 4. an item of work performed in excess of 125 percent of the Engineer's Estimate is less than £5000 at the applicable 3-1.3 Changes in Character of Work. t contract unit price,the Engineer reserves the right to make if an ordered change in the plans or specifications no adjustment in the contract unit price if the Engineer so materially changes the character of the work of a contract elects, except that an adjustment will be made if requested item from that on which the Contractor based the bid price, in writing by the Contractor. and if the change increases or decreases the actual unit cost of.the changed item as compared to the actual or estimated 3.1.2.2 Decreases of More Than 25 Percent actual unit cost of performing the work of that item in Should the total pay quantity of any item of work required accordance with the plans, and specifications originally under the contract be less than 75 percent of.the Engineer's applicable thereto, in the absence of an executed contract Estimate therefor, an adjustment in compensation pursuant change order specifying the compensation payable, an to this Section will not be made unless the Contractor so adjustment in compensation therefor will be made in requests in writing. If the Contractor,so requests, the accordance with the following: quantity of the item performed, unless covered by an executed contract change order specifying the The basis of the adjustment in compensation will be the compensation payable therefor, will be paid for by difference between the actual unit cost to perform the work adjusting the contract unit price as hereinafter provided, or of that item or portion thereof involved in the change as at the option of the Engineer, payment for the quantity of originally planned and the actual unit cost of performing the work of the item performed will be made on the basis the work of the item or portion thereof involved in the of force account as provided in Section 9-4, provided change, as changed. Actual unit costs will be determined however,that in no case shall the payment for that work be by the Engineer in the same manner as if the work were to less than that which would be made at the contract unit be paid for on a force account basis as provided in Section _ price. 9-4; or the adjustment will be as agreed to by the Contractor and the Engineer. The adjustment will apply •The adjustment of the contract unit price will be the only to the portion of the work of the item actually difference between the contract unit price and the actual changed in character. At the option of the Engineer, the unit. cost, which will be' determined as hereinafter work of the item or portion of item which is changed in provided, of the total pay quantity of the item, including character will be paid for by force account as provided in fixed costs. The actual unit cost'will be determined by the Section 9-4. Engineer in the same manner as if the work were to be If the compensation for an item of work is adjusted under paid for on a force account basis as provided in Section 9- p 4; or the adjustment will be as meed to by the Contractor this Section 3-1.3,the costs recognized in determining that and the Engineer. adjustment shall be excluded from consideration in making an adjustment.for that.item of work under the provisions in The payment for the total pay quantity of the item of work Section 3-1.2,"Increased or Decreased Quantities." will in no case exceed the payment which would be made for the performance of '75 percent of the Engineer'schange Failure of the Engineer to recognize a in character Estimate of the quantity for the item at the original of the work at the time the approved contract change order contract unit price. is issued shall in nowise be construed as relieving the Contractor of the duty and responsibility of filing a written 3-1.2.3 Eliminated Items. protest within the 7 day limit as provided in Section 3-1.1, Should any contract item of the work be eliminated in its "Procedure and Protest" entirety, in the absence of an executed contract change 3-1.4 Extra Work. order covering the elimination, payment will be made to New and work will classed as extra work the Contractor for actual costs incurred in connection with when determined ed unforeseenby will beer that work iso k the eliminated contract item if incurred prior to the date of covered toby any of the the Engineer s items for theweicb there is a notification in writing by the Engineer of the elimination bid price or by combinations of those items. In the event if acceptable material is ordered by the Contractor for the portions of this work are determined by the Engineer to be eliminated item prior to the date of notification of the covered by some of the various items for which there is a elimination by the Engineer, and if orders for that material bid price or combinations of those items, the remaining cannot be canceled, it will be paid for at the actual cost to portion of the work will be classed as extra work. Extra the Contractor. In this case, the material paid for shall work also includes work specifically designated as extra become the property of the City and the actual cost of any work in the plans or specifications. further handling will be paid for. if the material is 3001: III:General Provisions-16 • CHANGES IN WORK SECTION 3 The Contractor shall do the extra work and furnish labor, material, and equipment therefor upon receipt of an approved contract change order or other written order of the Engineer, and in the absence of an approved contract change order or other written order of the Engineer the Contractor shall not be entitled to payment for the extra work. Payment for extra work required to be performed pursuant to the provisions in this Section 3-1.4, in the absence of an executed contract change order, will be made by force account as provided in Section 9-4; or as agreed to by the Contractor and the Engineer. • • Book Ill:General Provisions-l7 Nor II) CONTROL OF MATERIALS SECTION 4 SECTION 4- CONTROL OF MATERIALS The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment 4-1 Materials And Workmanship. or materials which—have been installed or delivered and I which may be necessary for the completion of the 4-1.1.1 General. Contract.. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free 4-1.3 Inspection Requirements. from defects. Quality of work shall be in accordance with 4-1.3.1 General. the generally accepted standards. Material and work Unless otherwise specified, ins inspection is required at the quality shall be subject to the Engineer's approval. P source for such typical materials and fabricated items as Materials and work quality not conforming to the bituminous paving mixtures, structural concrete, metal requirements of the Specifications shall be considered fabrication, metal casting, welding, concrete pipe; defective and will be subject to rejection. Defective work manufacture, protective coating application, and similar or material, whether in place or not, shall be removed shop or plant operations. immediately from the site by the Contractor,at its expense, Steel pipe in sizes less than 450mm (18 inches) and when so directed by the Engineer. P P vitrified clay and cast iron pipe in all sizes are acceptable if the Contractor fails to replace any defective or damaged upon certification as to compliance with the Specifications, work or material after reasonable notice,the Engineer may subject to sampling and testing by the Agency. Standard cause such work or materials to be replaced. The items of equipment such as electric motors, conveyors, replacement expense will be deducted from the amount to elevators, plumbing fixtures, etc., are subject to inspection be paid to the Contractor. at the job site only. Special items of equipment such as Used or secondhand materials, parts. and equipment mzy designed electrical panel boards, large pumps, sewage be used only if permitted by the Specifications. Plant equipment, etc.. are subject to inspection at the source, normally only for performance testing. The 4-1.1.2 Specifications may require inspection at the source for When the quality or kind of material or articles shown as other items not typical of those listed in this section. required under the contract is not particularly specified,the 4-1.3.2 Inspection of Materials Not Locally Contractor shall estimate that the City will require articles Produced. and materials representing the best of their class or kind or at least equal to the class or quality of similar articles or When the Contractor intends to. purchase materials, materials when specified. fabricated products, or equipment from sources located more than 80 km(50 miles)outside the geographical limits 4-1.1.3 of the Agency,an inspector or accredited testing laboratory Materials shall be furnished in such quantities and kinds (approved by the Engineer), shall be engaged by the and at such times as to ensure uninterrupted progress of the Contractor at its expense, to inspect the materials, work. equipment or process. This approval shall be obtained before producing any material or equipment.The inspector 4-1.1.4- or representative of the testing laboratory shall judge the Materials shall be stored properly and protected as materials by the requirements of the Plans and required. The Contractor shall be entirely responsible for Specifications. The Contractor shall forward reports damage or loss caused by weather or any other cause. required by the Engineer.No materials or equipment shall be shipped nor shall any' processing, fabrication or 4-1.1.5 treatment of such materials be done without proper All materials not conforming to 'the requirements of the inspection by the approved agent. Approval by said agent Specifications shall be considered defective, and all such shall not relieve the Contractor of responsibility for materials shall be removed immediately from the site of complying with the Contract requirements. the work unless otherwise permitted by the Engineer. Upon failure on the part of the Contractor to comply with 4-1.3.3 Inspection by the Agency. any order by the Engineer made under the provisions of 4-1.3.3.1 General. this article,the Engineer shall have the authority to remove The Agency will provide all inspection and testing and replace defective material and to deduct the cost of laboratory services within 80 km (50 miles) of the removal and replacement from any moneys due or to geographical limits of the Agency. For private contracts, become due to the Contractor. all costs of inspection at the source, including salaries and 4-1.2 Protection of Work and Materials. mileage costs, shall be paid by the permittee. The costs of' all inspection, tests, and approvals will be borne by the The Contractor shall provide and maintain storage City unless otherwise specified. facilities and employ sucb measures as will preserve the specified quality and fitness of materials to be used in the 4-1.3.3.2 After Hours Inspection. Work. Stored materials shall be reasonably accessible for All costs of inspection and testing performed by the inspection. The Contractor shall also adequately protect Engineer or its authorized representative before 7:00 AM new and existing work and all items of equipment for the or after 4:00 PM on any regular working day,or all day on duration of the Contract Saturday, Sunday, or any legal holidays by the Contractor which is allowed for the convenience of the Contractor Book III:General Provisions-18 lir 4 CONTROL OF MATERIALS SECTION 4 shall be borne by the Contractor at the City's standard Engineer has not acted with reasonable promptness in overtime rates unless otherwise approved in writing by the response to such notice. Engineer. The Engineer shall have the authority to deduct the cost of all such inspection and testing from any partial If any work is covered contrary to the written request of a merits gall s otherwise due the Gontd . the Engineer, it shall, if requested by the Engineer', be p uncovered for the Engineer' observation and replaced at 4-1.3.3.3 Re-tests. the Contractor's expense. In the event inspections or tests reveal non-compliance if the Engineer considers it necessary or advisable that with the requirements of the Contract Documents, the covered work be observed by the Engineer or inspected or Contractor shall bear the cost of corrective measures tested by others, the Contractor, at the Engineer' request, t deemed necessary by the Engineer, as well as the cost of shall uncover, expose or otherwise make available for subsequent re-inspection and re-testing. These costs will observation, inspection, or testing, as the Engineer may be deducted from any moneys due or to become due to the require, that portion of the Work in question and shall Contractor. furnish all necessary labor,material,and equipment. Neither observations by the Engineer nor inspections,tests, If it is found that such work is defective, the Contactor or approvals by others shall relieve the Contractor from the shall bear all direct, indirect, and consequential costs of Contractor's obligation to perform the Work in accordance such uncovering, exposure, satisfactory reconstruction, with the Contract Documents. including but not limited to fees and charges of Engineer, architects,attorneys,and other professionals. 4-1.3.3.4 Compaction Tests: The Engineer shall require compaction tests at periodic However, if such work is not found to be defective, the intervals to ascertain conformance with the specifications. Contractor shall be allowed an increase in the Contract The number of tests and their locations and depths will be Price for such uncovering, exposure, observation, as determined by the Engineer. The Contractor shall, as inspection testing, and reconstruction; and, if the parties directed by the Engineer, make all excavations, and are unable to agree as to the amount or extent thereof,the subsequent backfill and compaction, required to perform Contractor may make a claim as provided in these Contract the compaction tests. Documents. Any soil compaction and certifications shall be certified by 4-1.4 Test of Materials. a registered Geotechnical Engineer. The Contractor shall Before incorporation in the Work, the Contractor shall provide and pay for all necessary compaction testing. submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, 4-1.3.3.5 Tests by Outside Agencies. shall deliver the materials for testing to the place and at the If Laws or Regulations of any public body having time designated by the Engineer. Unless otherwise jurisdiction other than the City require any Work (or part provided, all initial testing and a reasonable amount of thereof) to specifically be inspected, tested, or approved, retesting will be performed under the direction of the the Contractor shall pay all cost in connection therewith Engineer, and at no expense to the Contractor. if the and shall furnish the Engineer the required certificates of Contractor is to provide and pay for testing, it will be inspection,testing, or acceptance. stated in the Specifications. For private contracts, the 4-1.3.3.6 "Or-Equal" substitutions. testing expense shall be borne by the permittee. The Contractor shall also be responsible for and shall pay The Contractor shall notify the Engineer in writing,at least all costs in connection with any inspection or testing 7 days in advance, of its intention to use materials for required in the City's or the Engineer' acceptance of a which tests are specified, to allow sufficient time to supplier of materials or equipment proposed as a perform the tests. The notice shall name the proposed substitution or"or equal"to be incorporated in the Work, supplier and source of material. or of materials or equipment submitted for approval prior If the notice of intent to use is sent before the materials are to the Contractor's purchase thereof for incorporation in available for testing or inspection, or is sent so far in the Work advance that the materials on hand at the time will not last 4-1.3.3.7 Testing Firms. but will be replaced by a new lot prior to use on the Work, All inspections, tests, or approvals other than those it will be the Contractor's responsibility to renotifi the required by Laws or Regulations of any public body Engineer when samples which are representative may be having jurisdiction shall be perfo med by organizations obtained. acceptable to the Engineer. 4-1.5 Certification. 4-1.3.3.8 Covered Work. The Engineer may waive materials testing requirements of if any Work (including the work of others) that is to be the Specifications and accept the manufacturer's written inspected, tested, or approved is covered without written certification that the materials to be supplied meet those concurrence of the Engineer, it shall if requested by the requirements. Materials test data may be required as part Engineer, be uncovered for observation. Such uncovering of the certification. shall be at the Contactor's expense unless the Contractor 4-1.6 Trade Names or Equals. has given the Engineer timely notice of the ContactorsThe Contractor may supple any of the materials specified intention to perform such test or to cover the same and the or offer an equivalent. The Engineer shall determine • Book Ill: General Provisions-19 I CONTROL OF MATERIALS SECTION 4 whether the material offered is equivalent to that specified. necessary permits, licenses and environmental clearances Adequate time shall be allowed for the Engineer to make before removing any material from those sources. this determination. The furnishing of local materials from any source is Whenever any particular material, process, or equipment is subject to the provisions in Section 2-7, "Examination of indicated by patent, proprietary or brand name, or by name Plans, Specifications, Contract, and Site of Work," and in of manufacturer, such wording is used for the purpose of Section 4-2,"Local Materials." facilitating its description and shall be deemed to be a ec Unless described in the specialprovisions as a mandatory by the words or equal. A listing of materials is p not intended to be comprehensive, or in order of local material source, or approved in writing by the + Engineer, material sources shall not be excavated at preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that locations where the resulting scars will present an indicated. The substantiation of offers shall be submitted unsightly appearance from any highway. No payment will; as provided in the contract documents. be made for material obtained in violation of this provision. The Contractor shall, at its expense, furnish data The Contractor shall, at the Contractor's expense, make concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as any arrangements necessary for hauling over local public required by the Engineer to determine that the quality, and private roads from any source. strength, physical, chemical, or other characteristics, When requested by the Contractor in writing, the including durability, finish, efficiency, dimensions, Department will test materials from any local material service,and suitability are such that the item will fulfill its source, which has not been previously tested. If intended function satisfactory material from that local source is used in the Test methods shall be subject to the approval of the work the Contractor will not be charged for the costs of the Engineer. Test results shall be reported promptly to the mets Engineer, who will evaluate the results and determine if In all other cases, the cost of the testing requested by the the substitute item is equivalent. The Engineer's findings Contractor shall be at the Contractor's expense and shall be final. Installation and use of a substitute item shall deductions will be made from any moneys due or to not be made until approved by the Engineer. become due the Contractor,sufficient to cover the costs of If a substitute offered by the Contractor is not found to be the testi. equal to the specified material,the Contractor shall furnish Full compensation for furnishing all labor,materials,tools, and install the specified material. equipment, and incidentals, and for doing all the work The specified Contract completion time shall not he involved in conforming to the provisions in this Section 4- affected by any circumstance developinz from the 2.01, for furnishing and producing materials from any provisions of this section. source shall be considered as included in the price paid for the contract item of work involving the material and no 4-2 Local Materials additional compensation will be allowed therefor. 4-2.01 General. Local material is rock,sand,gravel, earth, or other mineral 4-2.02 Possible Local Material Sources. material, other than local borrow or selected material, obtained or produced from sources in the vicinity of the Where the Department has made arrangements with work specifically for use on the project. Local material owners of land in the vicinity of a project for the obtaining does not include materials obtained from established of material from an owner's property,the arrangements are commercial sources. made solely for the purpose of providing all bidders an equal opportunity to obtain material from that property. Local materials shall be furnished by the Contractor from Bidders or Contractors may, upon written request, inspect any source the Contractor may elect, except that when the documents evidencing those arrangements between mandatory local material sources of certain materials are property owners and the Department. The Contractor may, designated in the special provisions, the Contractor shall if the Contractor so elects, exercise any rights that have furnish material from those designated mandatory sources. been obtained, which may be exercised by a Contractor The Contractor shall be responsible for making all under the arrangements, subject to and upon the conditions arrangements necessary to obtain materials from any local hereinafter set forth. material source other than a mandatory local material Arrangements made by the Department are not a part of, source. if the Contractor elects to obtain materials from a the contract and it is expressly understood and aoreed that possible local material source, subject to the provisions of the Department assumes no responsibility to the bidder or Section 4-2.02, "Possible Local Material Sources," the Contractor whatsoever in respect to the arrangements made Contractor shall comply with the requirements of that with the property owner to obtain materials therefrom and section.If the Contractor elects to obtain material from any that the Contractor shall assume all risks in connection other non-mandatory source the Contractor shall furnish with the use of the property,the terms upon which the use the Engineer with satisfactory evidence that the Contractor shall be made, and there is no warranty or guaranty, either has entered into an agreement with the property owner for express or implied, as to the quality or quantity of obtaining material from that source and with copies of any materials that can be obtained or produced from the property or the type or extent of processing that may be Book IIl:General Provisions-20 Ill S CONTROL OF MATERIALS SECTION 4 required in order to produce material conforming to the Department with the property owner, and deductions will requirements of the specifications. be made from any moneys due or that may become due the In those instances in which the Department has compiled Contractor under the contract sufficient to cover the pcharges for the material removed. "Materials Information" as referred to in Section 2-7, "Examination of Plans, Specifications, Contract, and Site if the Contractor elects to obtain material under (2), the of Work," the compilation may include the documents Contractor shall pay the charges as are provided for in the setting forth the arrangement made with some of the agreement between the owner and the Contractor and ' property owners for the obtaining of material from those deductions will not be made from any moneys due or that owners' properties. The inclusion of these documents may become due the Contractor under the contract to cover therein shall not in any respect operate as a waiver of any the charges. . of the provisions in this Section 4-2.02 concerning the Before acceptance of the contract, the Engineer may documents. require the Contractor to submit written evidence that the All necessary permits, licenses and environmental owner of the material source is satisfied that the Contractor • clearances needed to enable the Contractor to use a has satisfactorily complied with the provisions of either— possible local material source for which the "Materials (1), the arrangement between the Department and the Information" compilation for the project does not include owner, or (2), the agreement between the owner and the permits, licenses and environmental clearances issued to Contractor,as the case may be. the Department (whether or not the arrangement made by Full compensation for furnishing all labor,materials,tools, the Department with the owner of the property is included in the compilation)shall be obtained by the Contractor and equipment, and incidentals, and for doing all the work copies thereof shall be furnished the Engineer before any involved in furnishing and producing specified materials material is removed from the source. from possible local material sources, including the construction of any access roads or fences and any clear- The bidder or Contractor is cautioned to make such ing, grubbing and stripping of material sources, and all independent investigation and examination as the processing of whatever nature and extent required, shall be Contractor deems necessary to be satisfied as to the quality considered as included in the price paid for the contract and quantity of materials available from the property, the item of work involving the material and no additional type and extent of processing that may be required in order compensation will be allowed therefor. to produce material conforming to the requirements of the specifications and the rights, duties and obligations . acquired or undertaken under the arrangement with the 4-2.03 Mandatory Local Material Sources. property owner. The Contractor shall perform all work required to obtain Notwithstanding that the Contractor may elect to obtain and produce acceptable materials from the mandatory local materials from any such property owner's property, no material sources designated in the special provisions and material may be obtained from the property unless the shall have no right to obtain the materials from any other Contractor has first either. source or sources. As part of the work in producing acceptable materials from the mandatory sources,it will be necessary for the Contractor to perform certain processing Executed a document that will guarantee to bold the owner of the material as set forth in the special provisions. Any harmless from all claims for injury to persons or damage to processing of the material required in addition to that property resulting from the Contractor's operations on the specified m the special provisions which, in the opinion of property owner's premises and also agree to conform to all the Engineer, is necessary to produce acceptable material • other provisions set forth in the arrangement made from the mandatorysources will be paid for as extra work between the Department and the property owner. The as provided in Section 3-1.4. document will be prepared by the Engineer for execution If the Engineer determines that the designated mandatory by the Contractor,or local material source or sources are no longer to be used because they are exhausted or for other reasons, the (2) Entered into an agreement with the owner of the Engineer will designate an alternative mandatory local material source or sources from which the Contractor shall material source on any terms mutually agreeable to the obtain the balance of the material required. . owner and the Contractor, provided that the Contractor shall furnish to the Engineer a release, in a form In this case the Department will pay the Contractor for the satisfactory to the Engineer, executed by the owner, cost of moving the Contractor's plant to the new relieving the Department of any and all obligations under mandatory source and erecting it as extra work as provided the Department's arrrangement with the owner. in Section 3-1.4. Construction of access roads, fences, clearing and grubbing or stripping of the new mandatory source, ordered by the Engineer to be performed, will be If the Contractor elects to obtain material under(1),the use paid for as extra work as provided in Section 3-1.4. The . of the site shall be subject to the terms, conditions and Department will also allow or deduct as the case may be, limitations of the arrangement made between the property the increase or decrease in haul cost due to an increase or owner and the Department and the Contractor shall pay the decrease in the length of haul involved. Increased haul charges as are provided for in the arrangement made by the costs will be paid for as extra work as provided in Section 3-1.4 and deductions for decreased haul will be determined Boo;:1I1:General Provisions-2l CONTROL OF MATERIALS SECTION 4 in the same manner. No allowance or additional compensation will be made for lost time or for delay in completing the work due to moving the Contractor's plant from the designated mandatory source to the alternative mandatory source, other than an extension of time pursuant to the provisions in Section 6-9, "Liquidated Damages." Any processing of the material required in addition to that specified in the special provisions for the originally designated mandatory source which, in the opinion of the Engineer, is necessary to produce acceptable material from the alternative mandatory source will be paid for as extra work as provided in Section 3-1.4. The Contractor will be charged the same royalty as provided in the special provisions for the original designated mandatory local material source. The Contractor shall, prior to entering a mandatory' local material source or an alternative mandator' local material source, execute a document that will guarantee to hold the owner of the property harmless from all claims for injury to persons or damage to property resulting from the Contractors operations on the property owner's premises. The document will be prepared by the Engineer for execution by the Contractor. Full compensation for furnishing all labor, materials,tools, equipment, and incidentals, and for doing all the work involved in obtaining and producing specified materials from mandatory sources, including the construction of any access roads or fences and any clearing, grubbing, and stripping of mandatory local material sources, except as otherwise provided for in this Section 4-2.03, shall be considered as included in the price paid for the contract item of work involving the material and no additional compensation will be allowed therefor. • Book III:General Provisions-22 4110 • t'-IL:T IES SECTION 5 SECTION 5- UTILITIES provided.in Section 9-4; or as agreed to by the Contractor and the Engineer. 5-1 Location. The Contractor shall immediately notify the Engineer and The Permittee (in the.case of Private Contracts) and the the utility owner if any utility is disturbed or damaged The Agency(in the case of Cash or Assessment Act Contracts), - Contractor shall bear the costs of repair or replacement of will search known substructure records and furnish the any utility damaged if located as noted in 5-1. Contractor with copies of' documents which describe the , location of utility substructures, or will indicate on the When placing concrete around or contiguous to any non- Plans for the project those substructures(except for service metallic utility installation, the Contractor shall at its connections) which may affect the Work. Information expense: t regarding removal, relocation, abandonment, or 1. Furnish and install a 50mm (2 inch) cushion of installation of new utilities will be furnished to prospective expansion joint material or other similar resilient material; bidders. or Where underground main distribution conduits such as 2. Provide a sleeve or other opening which will result in a water, gas, sewer, electric power, telephone, or cable 50mm (2 inch) minimum-clear annular space between the television are shown on the Plans, the Contractor shall concrete and the utility;or assume that every property parcel will be served by a service connection for each type of utility. 3. Provide other acceptable means to prevent embedment Nothing herein shall be deemed to require the 'public in or bonding to the concrete. agency to indicate thepresence of existing service laterals Where concrete is used for backfill or for structures which or appurtenances whenever the presence of such utilities would result in embedment, or partial embedment, of a on the site of the construction protect can be inferred from metallic utility installation; or where the coating, bedding the presence of other visible facilities, such as buildings, or other cathodic protection system is exposed or damaged meter and junction boxes, on or adjacent to the site of the by the Contractor's operations,the Contractor shall notify construction; provided, however, nothing herein shall the Engineer and arrange to secure the advice of the relieve the public agency from identifying main or trunk affected utility owner regarding the procedures required to lines in the plans and specifications. maintain or restore the integrity of the system. As provided in Section 4216 of the California Government 5-3 Removal. • Code, at least 2 working days prior to commencing any Unless otherwise specified,the Contractor shall remove all excavation, the Contractor shall contact the regional interferingportions of utilities shown on the Plans or notification center(Underground Service Alert of Southern indicated in he Bid documents as "abandoned" or "to be California)and obtain an inquiry identification number. abandoned in place". Before starting removal operations, The California Department of Transportation is not the Contractor shall ascertain from the Agency whether the required by Section 4216 to become a member of the abandonment is complete, and the costs involved in the regional notification center. The Contractor shall contact it removal and disposal shall be included in the Bid for the for location of its subsurface installations. items of work necessitating such removals. The Contractor shall determine the location and depth of 5-4 Relocation. all utilities, including service connections, which have When feasible, the owners responsible for utilities within been marked by the respective owners and which may the area affected by the. Work will complete their affect or be affected by its operations. if no pay item is necessary installations, relocations, repairs, or provided in the Contract for this work, full compensation replacements before commencement of work by the for such work shall be considered as included in the prices Contractor. When the Plans or Specifications indicate that bid for other items of work. a utility installation is to be relocated, altered, or 5-2 Protection. constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no The Contractor shall not interrupt the service function or cost to the Contractor, except as provided in "Greenbook" disturb the support of any utility without authority from the Standard Specification Public Works Construction, 2000 owner or order from the Agency. All valves, switches, Edition, Section 301-1.6. Utilities which are relocatedin vaults, and meters shall be maintained readily accessible order to avoid interference shall be protected in their for emergency shutoff. position and the cost of such protection shall be included Where protection is required to ensure support of utilities in the Bid for the items of work necessitating such located as shown on the Plans or in accordance with 5-1, relocation. the Contractor shall, unless otherwise provided, furnish If the Contractor while performing the contract discovers and place the necessary protection at its expense. utility facilities not identified by the public agency in the Upon learning of the existence and location of any utility contract plans or specifications, he or she shall omitted from or shown incorrectly on the Plans, the immediately notify the public agency and utility in writing. Contractor shall immediately notify the Engineer in The public utility, where they are the City, shall have the writing. When authorized by the Engineer, support or sole discretion to perform repairs or relocation work or protection of the utility will be paid for by force account as permit the Contractor to do so such repairs or relocation wort: in accordance with Section 3: Changes in Work. Book III:General Provisions-23 • UTILITIES SECTION 5 When the Plans or Specifications provide for the time for utility work to be accomplished during the Contractor to alter, relocate, or reconstruct a utility, all progress of the Work. costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or 5-7 Title 8, Section 2700 California Administrative permanent relocation or alteration of utilities requested by Code. the Contractor for its convenience shall be its The Contractor shall employ and use only qualified responsibility and it shall make all arrangements and bear persons, as hereinafter defined, to work in proximity to all costs. Southern California Edison secondary, primary and The utility owner will relocate service connections as transition facilities. The term "qualified person"shall mean ' necessary within the limits of the Work or within one who,by reason of experience or instruction,is familiar temporary construction or slope easements. When directed with the operation to be performed and the hazards by the Engineer, the Contractor shall arrange for the involved, as defined in Section 2700 of Title S of the t relocation of service connections as necessary between the California Administrative Code. The Contractor shall take meter and property line, or between a meter and the limits such steps as are necessary to assure compliance with this of temporary construction or slope easements. The section by any subcontractors on the project relocation of such service connections will be paid for in The Contractor shall employ and use only qualified accordance with provisions of 9-4 Force Account persons to work in proximity of any hazardous utility Payment. Payment will include the restoration of all facilities including but not limited to gas, electric, and existing improvements which may be affected thereby. telephone. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. 5-5 Delays. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or • relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the • Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal,relocation, or protection of such existing facilities. if the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by 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 time. 5-6 Cooperation. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide Book 111: General Provisions-24 11101 PROSECUTION;PROGRESS, AND ACCEPTANCE OF THE WORK SECTION 6 SECTION 6- PROSECUTION, PROGRESS, construction schedule in advance of beginning revised AND ACCEPTANCE OF THE WORK operations. The Engineer may waive these requirements for work 6.1 Construction Schedule and Commencement of constructed under permit Work. 6-1.2 Commencement of Work. 6-1.1 Schedule. Upon award and then execution of the Contract per Section The Contractor shall submit to the Engineer a practicable 2-1.4, the City will issue the Contractor a Notice to progress schedule within 10 calendar days after the notice Proceed. Unless otherwise provided, the Contract time of award, and within 5 working days of the Engineer's written request at any other time. The Contractor shall shall commence upon the date of issuance of a notice to ' submit an updated schedule to the Engineer with each proceed. The Work shall start within 15 days after the monthly payment application. Notice, and be diligently prosecuted to completion within Whenever a schedule update shows a substantial the time provided in the Specifications. completion date substantially beyond the contract's The Agency will not authorize any work to be done under substantial completion date, the Contractor shall submit a these Specifications before the Contract has been fully proposed recovery schedule to recover the lost time, along executed; and any work that is done by the Contractor in with a written narrative explaining the schedule. advance of such time shall be considered as being done at The schedule shall be in the format of a Critical Path his own risk and responsibility, and as a consequence will Method schedule as well as a bar chart schedule. Each he subject to rejection by not having been done in the must show the dates of the expected start and completion of the various items of the Contract work. Both shall be in presence of an Engineer or Inspector. sufficient detail to show the chronological relationship of 6-2 Prosecution Of Work. all activities of the project including, but not limited to, To minimizepublic inconvenience and possible hazard and estimated starting and completion dates of various to restore street and other work areas to their original activities, scheduling of equipment., procurement of materials. The construction schedule shall reflect condition and state of usefulness as soon as practicable,the completion of all work under the Contract within the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor specified time and in accordance with the contract is failing to prosecute the Work to the proper extent, the documents. If requested by the Engineer, the Contractor shall submit the schedule digitally in an electronic format Contractor shall, upon orders from the Engineer, compatible with the Agency immediately take steps to remedy the situation. All costs of s scheduling software. The construction schedule shall recognize the requirements of prosecuting the Work as described herein shall be included 5-5 and reflect completion of all work under the Contract in the Contractor's Bid. Should the Contractor fail to take within the specified time and in accordance with the the necessary steps to fully accomplish said purposes,after S ecifications. orders of the Engineer, the Engineer may suspend the p Work in whole or part, until the Contractor takes said The City will accept the schedule for the limited purposes steps. such as payment application evaluation, scheduling ' performance evaluation. Said acceptance does not relieve As soon as possible under the provisions of the the Contractor of its responsibility for scheduling, Specifications,the Contractor shall back-fill all excavations sequencing, and pursuing work to comply with the and restore to usefulness all improvements existing prior to requirements of the Conact Documents. the start of the Work tr In the Critical Path Schedule, "float" is defined as the if Work is suspended through no fault of the Agency, all difference between the time available for performing a task expenses and losses incurred by the Contractor during such and the time required to complete it. If the total float for a suspensions shall be borne by the Contractor. if the task equals zero, then that task is on the critical path. Contractor fails to properly provide for public safety, "Project float" belongs to whomever uses it first with traffic, and protection of the Work during periods o� liability for delay of the substantial completion date resting suspension,the Agency may elect to do so, and deduct the with the party whose actions, last in time, actually caused cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. delay to the substantial completion time. Subsequent to the time that submittal of a progress 6-3 Suspension Of Work. schedule is required in accordance with these 6-3.1 General. specifications, no progress payments will be made for any The Work may be suspended in whole or in part when work until a satisfactory schedule has been submitted to determined by the Engineer that the suspension is the Engineer. necessary in the interest of the Agency. The Contactor If the Contractor desires to make a major change in the shall comply immediately with any written order of the method of operations after commencing construction, or if Engineer. Such suspension shall be without liability to the the schedule fails to reflect the actual progress, the Contactor on the part of the Agency except as otherwise Contractor shall submit to the Engineer a revised specified in 6-6.3. Book Ill:General Provisions-25 Liw 0 PROSECUTION,PROGRESS, AND ACCEPTANCE OF THE WORK SECTION 6 6-3.2 Archaeological and Paleontological 6-4 Default By Contractor Discoveries. if the Contractor fails to begin delivery of material and if discovery is made of items of archaeological or equipment, to commence the Work within the time paleontological interest, the Contractor shall immediately specified, to maintain the rate of delivery of material, to cease excavation in the area of discovery and shall not execute the Work in the manner and at such locations as continue until ordered by the Engineer. When resumed, specified, or fails to maintain the Work schedule which excavation operations within the area of discovery shall be will insure the Agencys interest, or , if the Contractor is as directed by the Engineer. not carrying out the intent of the Contract,the Agency may serve written notice upon the Contractor and the Surety on Discoveries which may be encountered may include, but its Faithful Performance Bond demanding satisfactory not be limited to, dwelling sites,stone implements or other compliance with the Contract artifacts,animal bones,human bones,and fossils. The Contract may be canceled by the Board without The Contractor shall be entitled to an extension of time liability for damage, when in the Board's opinion the and compensation in accordance with the provisions of 6- Contractor is not complying in good faith, has become 6. insolvent, or has assigned or subcontracted any part of the Work without the Board's consent In the event of such 6-3.3 Suspension of Contract. cancellation,the Contractor will be paid the actual amount If at any time, in the opinion of the Engineer, the due based on Contract Unit Prices or lump sums bid and Contractor fails to supply an adequate working force, the quantity of the Work completed at the time of manufactured articles, or material of proper quality, or has cancellation, less damages caused to the Agency by acts of failed in any other respect-to prosecute the work with the the Contractor. The Contractor, in having tendered a Bid, diligence and force specified and intended by the terms of shall be deemed to have waived any and all claims for the Contract the City will serve notice thereof in writing damages because of cancellation of Contract for any such upon the Contractor, and should the Contractor neglect or reason. if the Agency declares the Contract canceled for refuse to provide means for satisfactory compliance with any of the above reasons, written notice to that effect shall the Contract within the time specified in said notice and as be served upon the Surety.The Surety shall, within 5 days, directed by the Engineer, the Engineer shall have the assume control and perform the Work as successor to the power to suspend the operation of the Contract and Contractor. discontinue all work or any part thereof, subject to review by the City.Upon such a suspension,the Contractor shall if the Surety assumes any part of the Work, it shall take the discontinue work on the project, or on such part thereof as Contractor's place in all respects for that part, and shall be the City may designate, and the City may thereupon, by paid by the Agency for all work performed by it in contract or otherwise, as it may determine, complete the accordance with the Contract. If the Surety assumes the work or such part thereof, and charge the entire expense of entire Contract,all money due the Contractor at the time of so completing the work or any part thereof to the its default shall be payable to the Surety as the Work Contractor, and for such completion the City itself or its progresses,subject to the terms of the Contract. Contractors may take possession of and use, or cause to be if the Surety does not assume control and perform the used in the completion of the work, or any part thereof, Work within 5 days after receiving notice of cancellation, any such materials, implements and tools of any or fails to continue to comply,the Agency may exclude the description as may be found at the place of such work. All Surety from the premises. The Agency may then take expenses charged for completion of work under this possession of all material and equipment and complete the section shall be deducted and paid for by the City first out Work by Agency forces,by letting the unfinished Work to of any moneys then due or to become due the Contractor another Contractor, or by a combination of such methods. under the Contract, or any part thereof, and the City shall In any event, the cost of completing the Work shall be not be held to obtain the lowest figure for the work of charged against the Contractor and its Surety and may be completing the Contract or any part thereof, or for deducted from any money due or becoming due from the ensuring its proper completion, but all sums paid therefor Agency. if the sums due under the Contract are insufficient shall be charged to the Contractor. if the expenses so for completion, the Contractor or Surety shall pay to the charged are less than the sum which would have been Agency within 5 days after the completion, all costs in payable to the Contractor under the Contract if the work excess of the sums due. had been completed by the Contractor,the Contractor shall he entitled to receive the difference, and if such expenses The provisions of this subsection shall be in addition to all should exceed the amount payable under the Contract,then other rights and remedies available to the Agency under the Contractor shall pay the amount of the excess to the law. I City, upon completion of the work, without further 6-5 Termination of Contract demand being made therefor. In the determination of the question as to whether or not there has been any such The Board may terminate the Contract at its own discretion noncompliance with the Contract as to warrant the or when conditions encountered during the Work make it suspension or annulment thereof, the decision of the City impossible or impracticable to proceed, or when the shall be binding. Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. Book Ul:General Provisions-26 1111110 I. PROSECUTION,PROGRESS,AND ACCEPTANCE OF THE WORK SECTION 6 6-6 Temporary Suspension of Work. In addition to the requirements specified above, the The Engineer shall have the authority to suspend the work following shall apply: wholly or in part, for any time period as the Engineer If the performance of all or any portion of the work is deems necessary, due to unsuitable weather, or to such suspended or delayed by the Engineer in writing for an other conditions considered unfavorable for the suitable unreasonable period of time (not originally anticipated, prosecution of the work, or for any time period as the customary, or inherent to the construction industry) and the Engineer deems necessary due to the failure on the part of Contractor believes that additional compensation or the Contractor to carry out orders given, or to perform any contact time or additional compensation and contract time provision of the contract. The Contractor shall immedi- is due as a result of that suspension or delay, the ately comply with the written order of the Engineer to Contractor shall submit to the Engineer in writing a request t suspend the work wholly or in part. The suspended work for adjustment within 7 calendar days of receipt of the shall be resumed when conditions are favorable and notice to resume work. The request shall set forth the methods are corrected, as ordered or approved in writing reasons and support for the adjustment by the Engineer. Upon receipt_ the Engineer will evaluate the Contractor's In the event that a suspension of work is ordered as request. if the Engineer agrees that the cost or time or cost provided above, and should that suspension be ordered by and time required for the performance of the contract has reason of the failure of the Contractor to carry out orders increased as a result of the suspension and the suspension or to perform any provision of the contract; or by reason of was caused by conditions beyond the control of and not the weather conditions being unsuitable for performing any fault of the Contractor, its suppliers, or subcontractors.at item or items of work, which work, in the sole opinion of any approved tier,and not caused by weather,the Engineer the Engineer, could have been performed prior to the will make an adjustment(excluding profit) and modify the occurrence of the unsuitable weather conditions had the contract in writing accordingly. The Engineer will notify Contractor diligently prosecuted the work when weather the Contractor of the Engineer's determination whether or conditions were suitable; the Contractor, at the not an adjustment of the contract is warranted. Contractor's expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway No contract adjustment will be allowed unless the through construction for use by public traffic during the Contractor has submitted the request for adjustment within period of that suspension as provided in these general the time prescribed. provisions and as specified in the special provisions for the No contract adjustment will be allowed under the work. In the event that the Contractor fails to perform the provisions specified in this section to the extent that work above specified, the Department will perform that performance would have been suspended or delayed by work and the cost thereof will be deducted from moneys any other cause, or for which an adjustment is provided for due or to become due the Contractor. or excluded under any term or condition of this contract In the event that a suspension of work is ordered by the Any contract adjustment warranted due to suspension of Engineer due to unsuitable weather conditions, and in the work ordered by the Engineer will be made in the same sole opinion of the Engineer,the Contractor has prosecuted manner as provided for right of way delays in Section 6- • the work with energy and diligence prior to the time that 12,"Right of Way Delays." operations were suspended,the cost of providing a smooth and unobstructed passageway through the work will be In the event of a suspension of work under any of the paid for as extra work as provided in Section 3-1.4 or, at conditions set forth in this Section 8-1.05, the suspension the option of the Engineer,that work will be performed by of work shall not relieve the Contractor of the the Department at no cost to the Contractor. responsibilities as set forth in Section 7, "Responsibilities If the Engineer orders a suspension of all of the work or a of the Contractor." portion of the work which is the current controlling 6-7 Time Of Completion. operation or operations, due to unsuitable weather or to The Contractor shall complete all or any designated other conditions considered unfavorable to the suitable portion of the work called for under the contract in all parts prosecution of the work,the days on which the suspension and requirements within the time set forth in the special is in effect shall not be considered working days as defined provisions. in Section 6-7."Time of Completion." If a portion of work at the time of the suspension is not a current controlling A working,day is defined as any day,except as follows: operation or operations, but subsequently does become the (a) Saturdays. Sundays and City holidays; current controlling operation or operations, the dere.*- mination of working days will be made on the basis of the (b) Days on which the Contractor is prevented by then current controlling operation or operations. inclement weather or conditions resulting immediately if a suspension of work is ordered by the Ensineer, due to therefrom adverse to the current controlling operation or the failure on the part of the Contractor to carry out orders operations, as determined by the Engineer, from given or to perform any provision of the contract, the days proceeding with at least 75 percent of the normal labor and on which the suspension order is in effect shall be equipment force engaged on that operation or operations considered working days if those days are working days for at least 60 percent of the total daily time being within the meaning. of the definition set forth in Section 6- currently spent on the controlling operation or operations; 7,"Time of Completion." or Book IIl:General Provisions-27 0 • PROSECUTION,PROGRESS,AND ACCEPTANCE OF THE WORK SECTION 6 • (c) Days on which the Contractor is prevented, by as to quality of workmanship and materials. The reason of requirements in "Maintaining Traffic" of the Contractor hereby agrees to make at his own expense any special provisions, from working on the controlling repairs or replacements made necessary by defects in operation or operations for at least 60 percent of the total materials or workmanship that become evident within one daily time being currently spent on the controlling year after the date of the final payment, and to restore to operation or operations. full compliance with the requirements of the Plans, Specifications and other contract documents,including any Should the Contractor prepare to begin work at the regular test requirements set forth for any part of the work starting time of any day on which inclement weather, or constructed hereunder, any work which during said one- , the conditions resulting from the weather, or the condition year period is found to be deficient with respect to any of of the work,prevents the work from beginning at the usual such provisions. The Contractor shall make all repairs and starting time and the crew is dismissed as a result thereof replacements promptly upon receipt of written orders for. and the Contractor does not proceed with at least 75 the same from the Engineer. If the Contractor fails to make' percent of the normal labor and equipment force engaged such repairs and replacements as required hereunder, the in the current controlling operation or operations for at Contractor and his sureties shall be liable to the City for least 60 percent of the total daily time being currently the cost thereof. spent on the controlling operation or operations, the Contractor will not be charged for a working day whether 6-8.3 Bonds for Guarantee or not conditions should change thereafter during that day The guarantees and agreements set forth in 6-8.2 of this and the major portion of the day could be considered to be section shall be secured by a surety bond which shall be suitable for those construction operations. delivered by the Contractor to the City before the Notice of The current controlling operation or operations is to be Completion and acceptance of the work by the Engineer as • construed to include any feature of the work (e.g., an provided in Subsection 6-8 of the Standard Specifications. operation or activity, or a settlement or curing period) Said bond shall be in the form approved by the Ciry considered at the time by the Engineer and the Contractor, Attorney and executed by a surety company or companies which, if delayed or prolonged, will delay the time of satisfactory to the City, in the amount of 100% of the completion of the contract. Contract. Such bond shall remain in force for a period of one year after the date of Notice of Completion and Determination that a day is a non-working day by reason acceptance. Alternatively, the Contractor may provide for of inclement weather or conditions resulting immediately the Faithful Performance Bond furnished under the therefrom, shall be made by the Engineer. The Contractor Contract to remain in force and effect for said amount until will be allowed 7 days from the issuance of a periodic the expiration of said one-year period. statement of working days in which to file a written protest setting forth in what respects the Contractor differs from 6-9 Liquidated Damages. • the Engineer, otherwise the decision of the Engineer shall It is agreed by the parties to the contract that in case all the • be deemed to have been accepted by the Contractor as work called for under the contract in all parts and correct. The Engineer will furnish the Contractor a requirements is not finished or completed within the periodic statement showing the number of working days number of working days as set forth in the special charged to the contract for the preceding period, the provisions, damage will be sustained by the City of Seal number of working days of time extensions being Beach, and that it is and will be impracticable and considered or approved, the number of working days extremely difficult to ascertain and determine the actual originally specified for the completion of the contract and damage which the City will sustain in the event of and by the number of working days remaining to complete the reason of the delay; and it is therefore agreed that the contract and the extended date for completion thereof, . Contractor will pay to the City of Seal Beach, the sum set except when working days are not being charged in forth in the special provisions per day for each and every accordance with the provisions in Section 6-6,"Temporary calendar day's delay in finishing the work in excess of the Suspension of Work." numberof working days prescribed; and the Contractor 6.8 Completion, Acceptance, And Guarantee. agrees to pay the liquidated damages herein provided for, P P and further agrees that the Department may deduct the 6-8.1 General. amount thereof from any moneys due or that may become The Work will be inspected by the Engineer for acceptance due the Contractor under the contract upon receipt of the Contractor's written assertion that the It is further agreed that in case the work called for under Work has been completed. the contract is not finished and completed in all parts and lf, in the Engineer's judgment, the Work has been. requirements within the number of working days specified, completed and is ready for acceptance, it will so certify to the Director shall have the right to increase the number of the Board, which may accept the completed Work. The working days or not, as the Director may deem best to Engineer will, in its certification to the Board, give the serve the interest of the City, and if the Director decides to date when the Work was completed. This will be the date increase the number of working days, the Director shall when the Contractor is relieved from responsibility to further have the right to charge to the Contractor, or the protect the Work. Contractor's heirs, assigns or sureties and to deduct from the final payment for the work all or any part, as the 6-8.2 Guarantee. Director may deem proper, of the actual cost of The Contractor guarantees that the entire work constructed engineering, inspection, superintendence, and other by him under the contract will meet fully all requirements overhead expenses which are directly chargeable to the Boot:III:Genera)Provisions-28 , • • • PROSECUTION,PROGRESS,AND ACCEPTANCE OF THE WORK SECTION 6 contract, and which accrue during the period of the ex- period of delay in completion of the work in excess of that I tension,except that cost of the preparation of the final esti- expressly provided for in this Section 6-9. mate shall not be included in the charges. 6-10 Use Of Improvement During Construction. The Contractor will be 'anted an extension of time and The Agency reserves the right to take over and utilize all will not be assessed with liquidated damages or the cost of or part of any completed facility or appurtenance. The engineering and inspection for any portion of the delay in Contractor will be notified in writing in advance of such , completion of the work beyond the time named in the action. Such action by the Agency will relieve the special provisions for the completion of the work caused Contractor of responsibility for injury or damage to said by acts of God or of the public enemy, fire, floods, completed portions of the improvement resulting from use , tsunamis, earthquakes, epidemics, quarantine restrictions, by public traffic or from the action of the elements or from strii es, labor disputes, shortage of materials and freight any other cause, except Contractor operations or embargoes, provided, that the Contractor shall notify the negligence. The Contractor will not be required to reclean Engineer in writing of the causes of delay within 7 days such portions of the improvement before field acceptance, from the beginning of that delay. The Engineer shall except for cleanup made necessary by its operations. ascertain the facts and the extent of the delay, and the Nothing in this section shall be construed as relieving the Engineer's findings thereon shall be final and conclusive. Contractor from full responsibility for correcting defective No extension of time will be granted for a delay caused by work or materials. a shortage of materials unless the Contractor furnishes to In the event the Agency exercises its right to place into the Engineer documentary proof that the Contractor has service and utilize all or part of any completed facility or made every effort to obtain the materials from all known appurtenance, the Agency will assume the responsibility sources within reasonable reach of the work in a diligent and liability for injury to persons or property resulting and timely manner, and further proof in the form of from the utilization of the facility or appurtenance so supplementary progress schedules, as required in Section placed into service, except for any such injury to persons 6-1, "Progress Schedule," that the inability to obtain the or property caused by any willful or negligent act or materials when originally planned, did in fact cause a omission by the Contractor, Subcontractor, their officers, delay in final completion of the entire work which could employees,or agents. not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials," 6-11 Differing Site Conditions. as used in this section, shall apply only to materials, During the progress of the work, if subsurface or latent articles, parts or equipment which are standard items and physical conditions are encountered at the site differing are to be incorporated in the work. The term "shortage of materially from those indicated in the contract or if materials," shall not apply to materials, parts, articles or unknown physical conditions of an unusual nature, equipment which are processed, made, constructed, differing materially from those ordinarily encountered and fabricated or manufactured to meet the specific generally recognized as inherent in the work provided for requirements of the contract. Only the physical shortage of in the contract, are encountered at the site, the party material will be considered under these provisions as a discovering those conditions shall promptly notify the cause for extension of time. Delays in obtaining materials other party in writing of the specific differing conditions due to priority in filling orders will not constitute a before they are disturbed and before the affected work is shortage of materials. performed. if the Contractor is delayed in completion of the work by Upon written notification,the Engineer will investigate the reason of changes made under Section 3-1, "Changes," or conditions, and if the Engineer determines that the by failure of the City to acquire or clear right of way,or by conditions materially differ and cause an increase or any act of the Engineer or of the Department, not decrease in the cost or time required for the performance contemplated by the contract, an extension of time of any work under the contract an adjustment, excluding commensurate with the delay in completion of the work loss of anticipated profits, will be made and the contract thus caused will be granted and the Contractor shall be modified in writing accordingly. The Engineer will notify relieved from any claim for liquidated damages, or the Contractor of the Engineer's determination whether or engineering and inspection charges or other penalties for not an adjustment of the contract is warranted. the period covered by that extension of time;provided that the Contractor shall notify the Engineer in writing of the No contract adjustment which results in a benefit to the causes of delay within 7 days from the beginning of the Contractor will be allowed unless the Contractor has delay.The Engineer shall ascertain the facts and the extent provided the required written notice. of the delay, and the Engineer's findings thereon shall be , No contract adjustment will be allowed under the final and conclusive. provisions specified in this section for any effects caused Except as provided in Public Contract Code Section 7102, on unchanged work. the Contractor shall have no claim for damage or compen- sation for any delay or hindrance. Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions It is the intention of the above provisions that the in Section 3-1,"Changes," except as otherwise provided. Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any Bool:III:General Provisions-29 li✓ r PROSECUTION,PROGRESS, AND ACCEPTANCE OF THE WORK SECTION 6 6-12 Right of Way Delays. The days for which compensation will be paid will be the If,through the failure of the City to acquire or clear right calendar days, excluding Saturdays, Sundays and legal of way, the Contractor sustains loss which could not have holidays, during the existence of the delay, except that been avoided bythe judicious handling of forces, when rental of equipment is paid for under the provisions equipment and plant, thershall be paid to the Contractor in Section 9-4.1 (3b), "Equipment not on the Work," no that amount that the Engineer may find to be a fair and payment will be made for right of way delays in reasonable compensation for that part of the Contractor's accordance with the provisions in this Section 6-12. actual loss, that, in the opinion of the Engineer, was Actual loss shall be understood to include no items of unavoidable,determined as follows: expense other than idle time of equipment and necessary ' Compensation for idle time of equipment will be payments for idle time of workers, cost of extra moving of determined in the same manner as determinations are made equipment, and cost of longer hauls. Compensation for idle, for equipment used in the performance of extra work paid time of equipment will be determined as provided in this' for on a force account basis, as provided in Section 9- Section 6-12 and compensation for idle time of workers 4.1.3,"Equipment Rental,"with the following exceptions: will be determined as provided in Section 9-4.1.1, "Labor," and no markup will be added in either case for The right of way delay factor for each classification of overhead and profit. The cost of extra moving of equipment shown in the Department of Transportation equipment and the cost of longer hauls will be paid for as publication entitled Labor Surcharge And Equipment extra work as provided in Section 3-1.4. Rental Rates, which is a part of the contract, will be Ifperformance of the Contractor's work.is delayed as the applied to that equipment rental rate. y result of the failure of the Department to acquire or clear The time for which the compensation will be paid will be right of way, an extension of time determined pursuant to the actual normal working time during which the delay ,the provisions in Section 6-7, "Liquidated Damages," will condition exists,but in no case will exceed S hours in any be`ranted. one day. Book 111:General Provisions-30 • • RESPONSILIBITIES OF CONTRACTOR SECTION 7 SECTION 7- RESPONSIBILITIES OF THE the Contractor. The policy furnished by the Contractor CONTRACTOR shall be issued by an insurance company authorized by the Insurance Commissioner to transact business in the State Unless otherwise specified in the Contract Documents,the of California with a policy holder's Rating of B+ or higher Contractor shall furnish and assume full responsibility for and a Financial Class VII or larger. Notwithstanding any all materials,equipment,labor,transportation, construction inconsistent statement in the policy or any subsequent equipment and machinery, tools, appliances, fuel, power, endorsement, the Agency shall be the insured or as an 4 light, heat, telephone, water, sanitary facilities, and additional insured covering the Work, whether liability is incidentals necessary for the furnishing, performance, attributable to the Contractor or the Agency. The policy testing,start-up,and completion of the Work shall insure the Agency, its officers, employees, and , agents, while acting within the scope'of their duties on the ' 7-1 Contractor's Equipment And Facilities. Work, against all claims arising out of or in connection The Contractor shall furnish and maintain in good with the Work,except as provided in 6-10. condition all equipment and facilities as required for the The Contractor shall file insurance acceptable to the proper execution and inspection of the Work. Such Agency covering more than one project. The coverage equipment and facilities shall meet all requirements of shall provide the following minimum limits: applicable ordinances and laws. Bodily Injury: $250,000 each person, $500,000 each 7-2 Labor. occurrence, $500,000 aggregate products and completed 1 7-2.1 General. operations. Only competent workers shall be employed on the Work. Property Damage: $250,000 each occurrence, $500,000 Any person employed who is found to be incompetent, aggregate. intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work A combined single limit policy with aggregate limits in the properly and acceptably, shall be immediately removed amount of$1,060,000 will be considered equivalent to the from the Work by the Contractor and not be reemployed required minimum limits. on the Work. Except as provided in 6-10, the Contractor shall save, 7-2.2 Laws. keep,and hold harmless the Agency,its officers and agents and employees shall be bound from all damages, costs or expenses in law•or equity that The Contractor, its agents, may at any time arise or be set up because of damages to by and comply with applicable provisions of the Labor property, or of personal injury received by reason of or in Code and Federal, State,and local laws related to labor. the course of performing work, which may be caused by The Contractor shall strictly adhere to the provisions of the any willful or negligent act or omission by the Contractor, Labor Code regarding minimum wages; the S-hour day any of the Contractor's employees, or any Subcontractor. and 40-hour week; overtime; Saturday, Sunday, and The Agency will not be liable for any accident, loss or holiday work; and nondiscrimination because of' race, damage to the Work prior to its completion and color,national origin,sex,or religion.The Contractor shall acceptance,except as provided in 6-10. forfeit to the Agency the penalties prescribed in the Labor All liability insurance policies shall bear an endorsement Code for violations. or shall have attached a rider whereby it is provided that, In accordance with.the Labor Code, the Board has on file in the event of expiration or proposed cancellation of such and will publish a schedule of prevailing wage rates for the policies for any reason whatsoever, the Agency shall be types of work to be done under the Contract. The notified by registered mail,return receipt requested,giving Contractor shall not pay less than these rates. a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 Each worker shall be paid subsistence and travel as days before expiration or cancellation is effective. required by the collective bargaining agreements on file with the State of California Department of Industrial In case of the breach of any provision of this section, the Relations. City may,at the Engineer' option,take out and maintain at the expense of the Contractor, such insurance in the name • The Contractor's attention is directed to Section 1776 of of the Contractor, or subcontractor, as the Engineer may the Labor Code which imposes responsibility upon the deem proper and may deduct the cost of taking out and Contractor for the maintenance, certification, and maintaining such insurance from any sums which may be availability for inspection of such records for all persons found or become due the Contractor under this Contract ', employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree The cost of this insurance shall be included in the through the Contract to comply with this Section and the Contractor's Bid. remaining provisions of the Labor Code. 7.3.2 Indemnification 7-3 Liability Insurance And Indemnification The Contractor agrees to defend, indemnify, and save 7.3.1 Insurance harmless the City, and each of its officers, officials, The Contractor shall furnish the Agency a policy or volunteers, aeents, attorneys,and employees (including but not limited to the firm, its officers) who are providing certificate of liability insurance in which the Agency is the services to the City, from and against any and all liability named insured or is named as an additional insured with or financial loss of any kind resulting from any suits, Book IIl:General Provisions-31 RESPONSILIBJTIES OF CONTRACTOR SECTION 7 claims,losses or actions brought against,and from all costs all testing and inspections required by a State and expenses of litigation brought against, City, and any Encroachment Permit or railroad permit. member thereof, and any officer, official, volunteer, employee, attorneys, or agent (including the firm, its 7-6. Superintendence. officers)of City which results, in whole or in part, directly The Contractor shall .designate in writing before starting or indirectly, from any act or omission of Contractor or work, a competent, reliable, technically qualified, any subcontractor, or an officer, employee or agent of authorized representative who shall have the authority to either,or anyone for whose acts any of these may be liable, represent and act for the Contractor. while engaged in the performance of this Contract, except The Contractor shall notify the Engineer, in writing, when where such liability or loss is caused solely by negligence the Contractor desires to change the authorized or willful misconduct of the City. representative. The new authorized representative can not 7-4 Workers' Compensation Insurance, serve on the project until approved'by the Engineer. The' Before execution of the Contract by the Board, the Engineer shall have the right, at any time, to direct a Contractor shall file with the Engineer the following change in the Contractor's Project Manager and/or Project signed certification: - Superintendent if performance is unsatisfactory, as determined by the Engineer,in his sole discretion. "I am aware of the provisions of Section 3700 of the Labor When the Contractor is comprised of 2 or more persons, Code which require every employer to be insured against firms, partnerships, or corporations functioning on a joint liability for workers' compensation or to undertake self- venture basis, the Contractor shall designate in writing insurance in accordance with the provisions of that code, before starting work, the name of one authorized and I will comply with such provisions before representative ho shall have the authority to represent commencing the performance of the work of this contract." and act for the Contractor. The Contractor shall also comply with Section 3800 of theLabThe authorized representative shall be present at the site of full forcer Code and esffect ro paying for, and tbet conte in the work at all times while work is actually in progress on full effect for the duration of the contract, the contract When work is not in progress and during complete Workers' Compensation Insurance, and shall p furnish a Certificate of Insurance to the Engineer before periods when work is suspended, arrangements acceptable execution of the Contract. The Agency, its officers, or to the Engineer shall be made for any emergency work employees,will not be responsible for any claims in law or which may be required equity occasioned by failure of the Contractor to comply Whenever the Contractor or the Contractor's authorized with this paragraph. representative is not present on any particular part of the All compensation insurance policies shall bear an work where it may be desired to give direction, orders will endorsement or shall have attached a rider whereby it is be given by the Engineer, which shall be received and provided that, in the event of expiration or proposed obeyed by the superintendent or foreman who may have cancellation of such policies for any reason whatsoever, charge of the particular work in reference to which the the Agency shall be notified by registered mail not less orders are given. than 30 days before expiration or cancellation is effective. In order to communicate with the Agency,the Contractor's 7-5 Permits. representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the The Contractor shall procure all permits and licenses, English language. (including a City Business license), pay all charges and fees and give all notices necessary and incidental to the The Contractor shall issue all its communications to or due and lawful prosecution of the work. through the Engineer. In the event that the City has obtained permits, licenses or 7-7 Cooperation and Collateral Work. other authorizations,applicable to the work,the Contractor The Contractor shall be responsible for ascertaining the shall comply with the provisions of those permits, licenses nature and extent of any simultaneous, collateral, and and other authorizations. essential work by others. The. Agency, its workers and The contractor shall pay all business taxes or license fees contractors and others, shall have the right to operate that are required for the work within or adjacent to the Work site during the performance of such work. The Contractor shall prosecute work on any State highwayoThe Agency, the Contractor, and each of such workers, within any railroad rating f--the State Department of way only in the presence of contractors and others, shall coordinate their operations' an inspector representing Transportation or other appropriate state agency or the and cooperate to minimize interference. railroad company, and any work done in the absence of The Contractor shall include in its Bid all costs involved as such inspectors will be subject to rejection.The Contractor a result of coordinating its work with others. The shall make the appropriate notification according to the Contractor will not be entitled to additional compensation instructions given on the State Encroachment Permit .or from the Auency for damages resulting from such railroad permit for all inspections, and shall post all bonds simultaneous, collateral, and essential work If necessary and certificates required by the permit. Unless otherwise to avoid or minimize such damage or delay,the Contractor specified, the Contractor shall obtain the encroachment shall redeploy its work force to other parts of the Work permit and pay permit fees. The Contractor shall pay for Book 1I1: General Provisions-32 RESPONSILIBITIES OF CONTRACTOR SECTION 7 Should the Contractor be delayed by the Agency, and such 7-8.4 Sanitation. delay could not have been reasonably foreseen or The Contractor shall provide and maintain enclosed toilets prevented by the Contractor, the Engineer will determine for the use of employees engaged in the Work. These the extent of the delay, the effect on the project, and any accommodations shall be maintained in a neat and sanitary extension of time. condition. They shall also comply with all applicable laws, 7-8 Project Site Maintenance. ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. 7-8.1 Cleanupand Dust Control. Throughout ll phases of construction, including \Wastewater shall not be interrupted. Should the Contractor suspension of work, and until the final acceptance, the disrupt existing sewer facilities, sewage shall be conveyed Contractor shall keep the site clean and free from rubbish in closed conduits and disposed of in a sanitary sewer t and debris. The Contractor shall also abate dust nuisance system. Sewage shall not be permitted to flow in trenches by cleaning, sweeping and sprinkling with water, or other or be covered by backfill. means as necessary. The use of water resulting in mud on 7-8.5 Temporary Light, Power, and Water. public streets will not be permitted as a substitute for The Contractor shall furnish, install, maintain, and remove sweeping or other methods. all temporary light, power, and water at its own expense. When required by the Plans or Specifications, the These include piping, wiring, lamps, and other equipment Contractor shall furnish and operate a self-loading motor necessary for the work. The Contractor shall not draw sweeper with spray nozzles at least once each working day water from any fire hydrant (except to extinguish a fire), for the purpose of keeping paved areas acceptably clean without obtaining permission from the water agency wherever construction, including restoration, is concerned. incomplete. 7-8.6 Water Pollution Control. Materials and equipment shall be removed from the site as The Contractor shall not allow any pollutants or non-storm soon as they are no longer necessary. Before the final water run-off from its operation to enter the storm drains inspection, the site shall be cleared of equipment, unused or any other drainage facility. The Contractor shall materials, and rubbish so as to present a satisfactory clean exercise every precaution to protect channels,storm drains, and neat appearance.All cleanup costs shall be included in and bodies of water from pollution. It shall conduct and the Contractor's Bid. schedule operations so as to minimize or avoid muddying Care shall be taken to prevent spillage on haul routes. Any and silting of said channels, drains, and waters. Water such spillage shall be removed immediately and the area pollution control work shall consist of constructing those cleaned. facilities which may be required to provide prevention, control,and abatement of water pollution. Excess excavated material from catch basins or similar structures shall be removed from the site immediately. 7-8.7 Drainage Control. Sufficient material may remain for use as backfill if The Contractor shall maintain drainage within and through permitted by the Specifications. Forms and form lumber the work areas. Earth dams will not be permitted in paved shall be removed from the site as soon as practicable after areas. Temporary dams of sandbags, asphaltic concrete, or stripping. other acceptable material will be permitted when with the Engineer's necessary. Such dams shall be removed from the site as Failure of the Contractor to comply soon as their use is no longer necessary. cleanup orders may result in an order to suspend work until the condition is corrected. No additional The Contractor shall provide temporary drainage measures compensation will be allowed as a result of such and erosion control for the duration of construction. The suspension. 0 City may require that the Contractor's plans for the 7-8.2 Air Pollution Control. temporary drainage measures and erosion control shall be reviewed by a licensed civil engineer and also take into The Contractor shall not discharge smoke, dust, or any consideration any necessary mitigation measures for other air contaminants into the atmosphere in such quantity inclement weather and seasonal changes. Plans for as will violate the regulations of any legally constituted temporary drainage measures shall be submitted to the authority. Engineer for approval at the pre-construction conference. 7-8.3 Vermin Control. Full compensation for meeting any of the requirements of this section and construction of any needed temporary At the time of acceptance, structures entirely constructed drainage measures shall be considered as included in the under the Contract shall be free of rodents, insects, vermin, prices for the various contract items of work and no and pests. Necessary extermination work shall be arranged additional compensation will be allowed therefor. and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed 7-8.8 Sound and Vibration Control Requirements. exterminator in accordance with requirements of The Contractor shall comply with all local sound control governing authorities. The Contractor shall be liable for and noise level rules, regulations and ordinances. No injury to persons or property and responsible for the internal combustion engine shall operate on the project elimination of offensive odors resulting from without a muffler of the type recommended by the extermination operations. manufacturer. Should any muffler or other sound control device sustain damage, the Contractor shall promptly Boot:Ill:General Provisions-33 4 RESPONSILIBITIES OF CONTRACTOR SECTION 7 remove the equipment and shall not return said equipment facilities, and any other improvements or facilities within to the job until the device is repaired or replaced. Said or adjacent to the Work shall be protected from injury or noise and vibration level requirements shall apply to all damage, and if ordered by the Engineer, the Contractor equipment on the job or related to the job, including, but shall provide and install suitable safeguards, approved by not limited to trucks, transit mixers or transit equipment the Engineer,to protect the objects from injury or damage. that may or may not be owned by the Contractor. If the objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored 7-8.9 Graffiti Removal and Control. at the Contractor's expense. The facilities shall be replaced The Contractor shall constantly monitor the work site and or restored to a condition as good as when the Contractor . all equipment and appurtenances associated with the entered upon the work, or as good as required by the project for vandalism/graffiti. Any vandalism/graffiti specifications accompanying the contract, if any of the found within the project limits or work site shall be objects are a part of the work being performed under the; removed or repaired by the Contractor within 24 hours. contract The Engineer may make or cause to be made Failure to correct the situation to the satisfaction of the those temporary repairs that are necessary to restore to Engineer within 24 hours will result in the Agency taking service any damaged facility. The cost of the repairs shall corrective action and deducting the cost from any monies be borne by the Contractor and may be deducted from any that come due the Contractor. moneys due or to become due to the Contractor under the contract. 7-8.10 Furnishing and Applying Water. The Contractor shall make provisions for water necessary The Contractor shall maintain all existing roadside for construction, backfill consolidation, and cleanup. mailboxes and signs including but not limited to Furnishing and applying water shall be considered as directional. warning, advisory, regulatory, bus stop and included in the bid price paid for the various contract items street markers, in an erect and functional position and of work requiring such water and no additional condition at all times during the construction period in compensation will be made therefore. temporary locations as designated by the Engineer. Any of these facilities which are damaged or lost shall be replaced 7-8.11 Construction Yard. by the Contractor at no cost to the Agency. It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such When a portion of a privately owned sprinkler system is sites either located on public or private property must be 'removed as part of the project plans, heads and other approved in advance by the Engineer. if permission is salvageable material shall be carefully removed and placed given to use a City site, the Contractor shall repair any on the adjacent property. Any of the materials not wanted damage as a result of his operations and any repairs will by the owner shall be removed from the site by the restore the site to new and not pre-existing conditions. Contractor. Removal,repair or capping shall be as directed by the Engineer. When storage sites are to be on located upon private property,the Contractor shall submit to the Engineer or his Any sprinkler system damaged during the contract shall be authorized representative, written approval from the record repaired by the Contractor at no additional cost as soon as owner authorizing the use of the property by the possible but in no case later than 48 hours of notification. Contractor. The Contractor shall contact the City Planning if not completed within said limit, the Engineer shall have Department to determine if the using the site as a stockpile the authority to have such repairs completed. The area is allowable. After the project is complete, the Contractor shall be responsible for any damages including Contractor shall supply a written release signed by the but not limited to, flooding and death of surrounding owner of record that said property has been satisfactorily landscaping. The cost of the repairs shall be borne by the restored in order to provide assurance to the City that no Contractor and may be deducted from any moneys due or later property owner claims will be filed by residents to become due to the Contractor under the contract whose property has allegedly damaged by the Contractor The Contractor shall give reasonable notice to occupants and not repaired to their satisfaction. The City will provide or owners of adjacent property to permit them to salvage the Contractor with a sample release form. or relocate plants, trees, fences, sprinklers, and other 74.12 Surplus Materials. improvements, within the right of-way which are The Contractor shall furnish written consent from the designated for removal and would be destroyed because of owner of the property where it is intended to dispose of the the Work_ surplus material. Surplus excavation shall become the The Contractor shall repair all damaged parts of the project property of the Contractor. as a result of vandalism, including but not limited to 7-9 Protection and Restoration Of Existing vehicle tracts; footprints, v icing. . Improvements. All costs to the Contractor for protecting, removing, and The Contractor shall be responsible for the protection of restoring existing improvements shall be included in the public and private property adjacent to the Work and shall Bid. exercise due caution to avoid damage to such property. 7-10 Public Convenience And Safety. Roadside trees, shrubs, and other plants that are not to be 7-10.1 Traffic and Access. removed, and pole lines, fences, signs, markers and The Contractor's operations shall cause no unnecessary monuments, buildings and structures, conduits, pipelines inconvenience. The access rights of the public shall be under or above ground, sewer and water lines, all highway Bool:Ill:General Provisions-34 • • RESPONSILIBITIES OF CONTRACTOR SECTION 7 considered at all times.Unless otherwise authorized,traffic Seal Beach Boulevard shall be permitted to pass through the Work, or an approved detour shall be provided. • Westminster Avenue Safe and adequate pedestrian and vehicular access shall be • Pacific Coast Highway provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking Notify the Engineering Division two working lots; service stations and motels; hospitals; police and fire days in advance for inspection prior to starting , stations; and establishments of similar nature. Access to work at(562)5945553. these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Notify the City of Seal Beach;Operations • t Safe and adequate pedestrian zones and public Division two working days in advance at(562) transportation stops, as well as pedestrian crossings of the 493-8660 ext 432 prior to any work within 150 Work at intervals not exceeding 90 m (300 feet), shall be feet of a signal system. maintained unless otherwise approved by the Engineer. Notify Orange County Transportation Authority Vehicular access to residential driveways shall be (OCTA)at(714)638-5000 ext 450 or any other maintained to the property line except when necessary affected transit services at least five working days construction precludes such access for reasonable periods of time as approved by the Engineer. If backfill has been prior to construction completed to the extent that safe access may be provided, It is the responsible of the contractor performing and the street is opened to local traffic,the Contractor shall work on a public street to install and maintain the immediately clear the street and driveways and provide traffic control devices as shown herein,as well as and maintain access. any such additional traffic control devices as may The Contractor shall cooperate with the various parties be required to insure the safe movement of traffic involved in the delivery of mail and the collection and and pedestrians through or around the work area removal of trash and garbage to maintain existing and provide maximum protection and safety to schedules for these services. construction workers. Grading operations, roadway excavation and fill • construction shall be conducted by the Contractor in a Contractor shall provide flag ers as deemed manner to provide a reasonably satisfactory surface for necessary by the Engineer. traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition All advance warning signs shall be flashing arrow satisfactory for traffic. sign or changeable message sign if required by Unless otherwise authorized, work shall be performed in the Engineer. only one-half the roadway at one time. One half shall be _ The Contractor shall replace/repair all damaged kept open and unobstructed until the opposite side is ready striping with temporary striping or raised for use. If one-half a street only is being improved, the pavement markers at the end of each working other half shall be conditioned and maintained as a detour. day. The Contractor shall also comply with the following: The Contractor shall maintain pedestrian access at The City Engineer may require traffic control all times. plans shall be prepared by a registered traffic/civil engineer depending upon the complexity of the All temporary traffic control devices shall be work and its proximity to a major intersection. removed following completionof each construction stage and the permanent traffic All traffic control plans shall refer to the APWA control devices,including but not limited to "WATCH''Manual for all traffic control pavement markers,pavement striping and traffic configurations. sins shall be restored by the contractor upon All traffic control devices,stripes,markings, completion of project. legends and raised pavement markers shall All traffic control devices shall be kept in their conform to Caltrans Traffic Manual,Standard proper position at all times,and shall be repair, Plans and Standard Specifications(most recent replaced,or cleaned as necessary to preserve their edition) appearance and continuity. Working hours shall be between 9:00 a.m.to 3:00 All delineators shall be equipped with nighttime p.m..Monday through Friday unless otherwise reflective bands. approved on the following arterial streets: Contractor shall cover or remove all conflicting • Lampson Avenue signs. Book Ill:General Provisions-35 • • RESPONSILIBITIES OF CONTRACTOR SECTION 7 Contractor shall post uneven pavement signs, and The Contractor shall notify in%,Titin,residents of property ramp vertical pavement offset of one inch or more adjoining the location of the work at least 48 hours before with asphalt for smooth transition. the start of construction on that street The Contractor is All private driveways and side streets shall be responsible for posting "temporary no-parking" signs at kept open at all time except when construction• least 48 hours before using the parking lane for construction purposes. In the case of work requiring takes place directly in front of the driveway/side excavation of the roadway which may interfere with the street. - use by residents or businesses of their driveways, suitable ' All open excavation on public streets shall provisions shall be made by the Contractor at such time as backfilled or steel plated for traffic outside the the exigencies of construction may demand a temporary working hours. blocking of said driveways. Efforts shall be made by the ' restored be to normal conditions . Contractor to minimize the duration of said blocking and Traffic shall outside the be hours. to notify the residents of this need well in advance. Further, the Contractor shall provide access to each The Contractor shall replace or reinstall any residential or commercial establishment each evening. existing sign that may interfere with the When construction is within 500' of.a school facility, the Contractor's operation or prosecution of the work. . Contractor shall make every possible effort to coordinate The Contractor shall be responsible for providing, placing with the school for methods of egress and ingress into the and maintaining approved signs, barricades, pedestals, areas. flashers, delineators, fences, barriers and flagmen where The Contractor shall be responsible for furnishing,posting needed, and other necessary facilities in the vicinity of the and removing appropriate signage along all routes affected construction area and where any dangerous conditions may by the work. Signs shall be posted at all intersections, at be encountered as a result thereof; for the protection of the end of cul-de-sac streets, and on each side of the street a motoring public. The Contractor will not be allowed to maximum of 200 feet between signs. Signs may be proceed with the work until such time that a sufficient attached to existing poles, or whatever is existing in the number of these protection devices have been delivered to public right-of-way except street lights and parkway trees. the project site. Where parked vehicles are likely to When necessary,the Contractor shall furnish posts. interfere with the proposed work, the Contractor will supply and post at no less than 200' intervals on each side Emergency vehicles shall be permitted to pass through the of the street "Temporary No Parking" signs 48 hours work area without delay at all times. before the start of construction and to report the time of The Contractor shall include in its Bid all costs for the posting to the Police Department for the purpose of above requirements. establishing"Tow Away" provisions. The Contractor shall be responsible for the removal of the temporary signs upon 7-10.2 Storage of Equipment and Materials in the completion of the work. Public Streets. Should the Contractor appear neglectful or negligent in Construction materials shall not be stored in streets,roads, ppor highways for more than 5 days after unloading. All furnishing warning and protection devices as outlined materials or equipment not installed or used in above, the Engineer may direct attention to the existence construction within 5 days after unloading shall be stored of a hazard and the necessity of additional or different elsewhere by the Contractor at its expense unless measures which shall be furnished and installed by the authorized additional storage time. Contractor at his own expense, free of any cost to the City. Construction equipment shall not be stored at the Work Should the Contractor refuse or fail to act in a timely site before its actual use on the Work nor for more than S manner to correct a hazardous condition, the Engineer days after it is no longer needed. Time necessary for repair shall direct Agency forces to provide the necessary or assembly of equipment may be authorized by the protective and warning devices as deemed appropriate by Engineer. the Engineer. Excavated material, except that which is to be used as The cost accrued bythe Agency in connection therewith backfill in the adjacent trench,shall not be stored in public" • streets unless otherwise permitted. After placing backfill, will be deducted from the Contractor's contract payment all excess material shall be removed immediately from the Any action or inaction on the part of the Agency in site. directing attention to the inadequacy of warning and protective measures or in providing additional protective 7-10.3 Street Closures, Detours, Barricades. and warning devices shall not relieve the Contractor from The Contractor shall comply with all applicable State, responsibility for public safety or abrogate his obligation County and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, to furnish and pay for these devices. temporary bridges. flagpersons, and watchpersons. The Boot:III: General Provisions-36 NW RESPONSILIBITIES OF CONTRACTOR SECTION 7 Contractor shall be responsible for compliance with standards, the plan shall be prepared by a registered Civil additional public safety requirements which may arise. The Engineer. No excavation shall start until the Engineer has Contractor shall furnish and install signs and warning accepted the plan and the Contractor has obtained a permit devices and promptly remove them upon completion of the from the State Division of Industrial Safety. A copy of the Work. permit shall be submitted to the Engineer. At least 48 hours in advance of closing,partially closing or Payment for performing all work necessary to provide reopening, any street, alley, or other public thoroughfare, safety measures shall be included in the prices bid for the Contractor shall notify the Police, Fire, Traffic and other items of work except where separate bid items for Engineering Departments, and comply with their excavation safety are provided,or required by law. requirements. Deviations must first be approved in writing by the Engineer. 7-10.4.2 Use of Explosives. The Contractor shall secure approval, in advance from Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the authorities concerned for the use of any bridges proposed Specifications. Explosives shall be handled, used, and by it for public use. Temporary bridges shall be clearly stored in accordance with all applicable regulations. posted as to load limit., with signs and posting conforming to current requirements covering"signs` as set forth in the The Engineer's approval of the use of explosives shall not Traffic Manual published by the California Department of relieve the Contractor from liability for claims caused by Transportation. This manual shall also apply to the street blasting operations. closures, barricades, detours, lights, and other safety devices required. 7-10.4.3 Special Hazardous Substances and All costs involved shall be included in the Bid. Processes. - Materials that contain hazardous substances or mixtures 7-10.4 Safety. may be required on the Work. A Material Safety Data General. Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and the manufacturer of any hazardous products used programs in connection with the work. The Contractor Material usage shall be accomplished with strict adherence shall take all necessary protection to prevent damage, to California Division of Industrial Safety•requirements injury,or loss to the following: and all manufacturer warnings and application instructions All employees on the work and otherpersons and listed on the Material Safety Data Sheet and on the product P container labeL organizations who may be affected thereby: The Contractor shall notify the Engineer if it considers a All the work and materials and equipment to be specified a specified product or its intended usage to be incorporated therein, whether in storage on or off the site; unsafe. This notification must be given to the Engineer and prior to the product being ordered, or if provided by some Other property at the site or adjacent thereto, including other party, prior to the product being incorporated in the trees, shrubs, lawns, walks, pavements, roadways, work. structures, utilities, and Underground Facilities not 7-10.4.4 Confined Spaces. designated for removal, relocation, or replacement in the p course of construction. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and The Contractor shall designate in writing a responsible maintaining a confined space entry program (CSEP) in representative at the site whose duty shall be the accordance with Sections 5156, 5157 and 5158, Title 8, prevention of accidents. This person shall be the CCR Contractor's superintendent or project manager unless otherwise designated in writing by the Contractor to the Prior to starting the Work,the Contractor shall prepare and City. submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and 7-10.4.1. Safety Orders. environmental hal,ards and contain procedures for safe The Contractor shall have at the Work site, copies or entry into confined spaces, including,but not limited to the suitable extracts of: Construction Safety Orders, Tunnel following: Safety Orders and General Industry Safety Orders issued • 1. Training of personnel by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other 2. Purging and cleaning the space of materials and residue applicable laws, ordinances, and regulations. 3. Potential isolation and control of energy and material Before excavating any trench I .5m (5 feet) or more in inflow depth, the Contractor shall submit a detailed plan to the 4. Controlled access to the space Agency showing the design of shoring,bracing,sloping, or other provisions to be made for the workers' protection 5.Atmospheric testing of the space from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system 6. Ventilation of the space Book 111:General Provisions-37 60 ftif' RESPONSILIBITIES OF CONTRACTOR SECTION 7 7. Special hazards consideration 7.11 Patent Fees Or Royalties. E. Personal protective equipment The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or 9.Rescue plan provisions used in the Work. The Contractor shall assume all The Contractor's submittal shall include the names of its responsibility arising from the use of any patented, or personnel, including subcontractor personnel, assigned to allegedly patented materials, equipment, devices or the project who will have CSEP responsibilities, their processes used on or incorporated in the work, and shall CSEP training, and their specific assignment and defend, indemnify,and hold harmless the City, and each of responsibility in c , yna out ithe CSEP. its officers, agents, and employees from and against any • and all liabilities, demands, claims, damages, losses, costs, (b) Permit-Required Confined Spaces. Entry into permit- and expenses, of whatsoever kind or nature, arising from required confined spaces as defined in Section 5157, Title such use. S, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other 7-12 Advertising. enclosed or partially enclosed spaces shall be considered The names, addresses and specialties of Contractors, permit-required confined spaces until the pre-entry Subcontractors, architects, or engineers may be displayed procedures demonstrate otherwise. The Contractor shall on removable signs. The size and location shall be subject implement a permit space program prior to performing any to the Engineers approval. work in a permit-required confined space. A copy of the Commercial advertising matter shall not be attached to or permit shall be available at all times for review by - painted on the surfaces of buildings, fences, canopies, or Contractor and Agency personnel at the Work site. barricades. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the 7-13 Laws To Be Observed. CSEP shall be included in the bid items for which the The Contractor shall keep fully informed of all existing CSEP is required. and future State and Federal laws and county and I municipal ordinances and regulations which in any manner 7-10.4.5 Trenches And Excavations. affect those engaged or employed in the work, or the In accordance with Public Contract Code Section 7109, materials used in the work, or which in any way affect the whenever the digging of trenches or other excavations conduct of the work, and of all orders and decrees of extend deeper than four feet below the surface, the bodies or tribunals having any jurisdiction or authority Contractor shall promptly, and before the following over the same. The Contractor shall at all.times observe conditions are disturbed, notify the City in writing of any: and comply with, and shall cause all the Contractor's 1) Material that the Contractor believes may be material agents and employees to observe and comply with all that is hazardous waste, as defined in Health and Safety existing and future laws, ordinances, regulations, orders Code Section 25117, that is required to be removed to a and decrees of bodies or tribunals having any jurisdiction Class I, Class Il or Class III disposal site in accordance or authority over the work; and shall protect and indemnify with provisions of existing law; 2) Subsurface or latent the City, and all officers and employees thereof connected physical conditions at the site differing from those with the work, including but not limited to the Director and indicated;or 3)Unknown physical conditions at the site of the Engineer, against any claim or liability arising from or anv unusual nature, different materially from those based on the violation of any law, ordinance, regulation, ordinarily encountered and generally recognized as order, or decree, whether by the Contractor or the inherent in work of the character provided for in the, Contractor's employees. If any discrepancy or contract. • The City shall promptly investigate the inconsistency is discovered in the plans, drawings, conditions, and if it finds that the conditions do materially specifications, or contract for the work in relation to any so differ, or do involve hazardous waste and cause a law, ordinance, regulation, order or decree the Contractor decrease or increase in the Contractor's cost of, or the time shall forthwith report the same to the Engineer in writing. required for,performance of any part of the work,the City shall issue a change order under the procedures described 7-14 Antitrust Claims. in the Contract. In the unlikely event that a dispute arises Section 7103.5 of the Public Contract Code provides: between the City and the Contractor regarding whether the "In entering into a public works contract or a subcontract conditions materiall y differ, or involve hazardous waste, or - cause a decrease or iincrease in the Contractor's cost of, or to supply goods, services, or materials pursuant to a public time required for,performance of any part of the work,the works contract, the contractor or subcontractor offers and Contractor shall not be excused from any scheduled agrees to assign to the awarding body all rights, title, and completion date provided for by the Contact, but shall interest in and to all causes of action it may have under'' proceed with all work to be performed under the Contract Section 4 of the Clayton Act (15 U.S.C. Sec 15) or The Contractor shall retain any and all rights provided Cartwright Act (Chapter 2 [commencing with Section either by contract or by law which pertain to the resolution l 6700] of Part 2 of Division 7 of the Business and of disputes and protests between the contacting parties. Professions Code), arising from purchases of goods, Where applicable, Contractor shall comply with the trench services, or materials pursuant to the public works contract or excavation permit requirement found in Labor Code or subcontract. The assignment shall be made and become Section 6500 and the excavation safety requirements found effective at the time the awarding body tenders final in Labor Code Section 6705. payment to the contractor, without further acknowledgment by the parties. Book III: General Provisions-3S RESPONSILIBITIES OF CONTRACTOR SECTION 7 7-15 Contractor's Emergency Numbers. The Contractor shall provide the names and telephone numbers of the responsible persons in the employ of the Contractor who may be contacted at nights and on weekends by the City when problems related to construction occur,and such designated persons shall have full authority to act as the agent of the Contractor and make any decisions that. may be demanded by the situation. • Bool:III:General Provisions-39 C • FACILITIES FOR AGENCY PERSONNEL SECTION 8 • SECTION 8- FACILITIES FOR AGENCY illuminated at the tables and desk. An outdoor lighting PERSONNEL fixture with a 300-watt bulb shall be installed. Heating and airr conditioning of sufficient capacity shall be 8-1 General, provided at no expense to the Agency. The Contractor All facilities provided for Agency personnel shall be at shall provide drinking water within the office and integral suitable locations approved by the Engineer. Such facilities sanitary facilities directly adjoining. Sanitary facilities must be in a room, building, or trailer provided for this shall include a toilet and wash basin with hot and cold purpose with acceptable means for locking running water. , A Class"A"Field Office in accordance with 8-2.] shall be Extended area, non-coin-operated telephone service shall provided at any offsite plant facility furnishing pipe be provided within the office area. The installation shall subject to Agency inspection during manufacture. A Field include sufficient extension cord to serve the plan table; Laboratory in accordance with 8-3.1 shall be provided at and desk. any offsite or project site plant facility furnishing portland 8.2 2 Class "B" Field Office. cement concrete or asphalt paving material. Any other facilities for Agency personnel shall be provided only This office shall be the same as class "A" except that when required by the Specifications. integrated sanitary facilities and air conditioning are not required. A chemical toilet facility shall be provided Offices and laboratories at plants may be used adjacent to the office. concurrently by inspection personnel of other agencies provided such use does not seriously conflict with Agency 8-2.3 Class "C" Field Office.. • use. When facilities are shared in this manner, at least one The office shall be of suitable proportions with I lm" (120 locker provided with a hasp for a padlock must be ft") of fluor area. It shall be equipped with one 0.9 by 1.5m available for the exclusive use of Agency inspectors. (3 by 5 foot) table, four chairs and one plan rack. It shall Otherwise any facilities furnished are for the exclusive use be adequately heated, ventilated, and lighted and two of Agency personnel. duplex convenience outlets shall be provided. Air All facilities shall conform to the applicable codes, conditioning, telephones, and sanitary facilities are not ordinances, and regulations of the local jurisdiction and of required. the State of California, and shall conform to current 8-3 Field Laboratories. practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. 8-3.1 Offsite at Manufacturing Plant. . The Contractor shall provide janitorial and other Field laboratories shall conform to the requirements for a Class maintenance services in all types of facilities provided. C Field Office specified in 8-2.3 except for the Such services shall include the supply of'the appropriate following: paper products and dispensers. Trash receptacles shall be 1.Telephone service per 8-2.1. provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed 2. Chair. from the project site. 3. Worktable, 1.2 by 3.0m (4 by 10 feet), 0.9m (3 feet) All costs to furnish, maintain, service, and remove the high. specified facilities at the project site shall be included in 4. Sieves per"Greenbook"Section 203-6. the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for 5. Scales and weights. which bids are entered. 6. Burner plate for heating samples. The first progress payment will not be approved until all 7, Thermometer, with 90 to 260°C (200 to 400°F) degree facilities are in place and fully comply with the Specifications. range(Asphalt Plants only). 8. Air meter for all concrete in accordance with ASTM C 8-2 Field Office Facilities. 231 of' the type that indicates percentage of air directly 8-2.1 Class "A" Field Office. (Precast Concrete Plants only). This office shall have a minimum floor space of 16m"(175 All sampling and testing equipment shall be maintained in ft"), at least one door, and window area of not less than satisfactory operating condition by Contractor or plant 2m" (22 ft"). All doors and windows shall be provided owner. Laboratories shall be located immediately adjacent with screens. to and with full view of batching and loading operations. Furniture shall be provided as follows: one plan table, one 8-3.2 At Project Site. standard 1.5m (5 feet) long double-pedestal desk with a Field laboratories shall be in accordance with 8-3.1,except drawerand suitableefor holdingck. files, two chairs, one drafting that sieves, scales, weights, burner lates, sampling stool, one plan rack devices, pans, and thermometers will also be furnished by Electric power shall be provided to include a minimum of the Contractor. if air entraining agents are being used in four duplex convenience outlets. The office shall be the Concrete on the project, an air meter of the type described in 8-3.1 shall be furnished by the Contractor. Book Ill:Genera]Provisions-40 1110 FACILITIES FOR AGENCY PERSONNEL SECTION 8 8-4 Bathhouse Facilities. When the Plans or Specifications require bathhouse facilities,the following shall be provided: One lavatory with hot and cold water. One toilet in a stall. One lm (3 feet)trough-type urinal. One enclosed shower at least I by lm (3 by 3 feet) with hot and cold water. One bench,2m(6 feet) long. Soap dispensers. Toilet paper holders. Paper towel cabinet. Wastepaper receptacle. These facilities shall be serviced and provided with necessary sanitary supplies. These facilities shall be for the exclusive use of Agency personnel. However, a separate building need not be provided for this purpose if such facilities are located in a separate room in a building which includes other facilities. 8-5 Removal of Facilities. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-6 Basis of Payment All costs incurred in furnishing, maintaining, servicing, and removing field offices laboratories, or bathhouse facilities required at the project site shall be included in the bid item for furnishing such facilities. if such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall be included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Bool:III:General Provisions-41 MEASUREMENT AND PAYMENT • SECTION 9 SECTION 9- MEASUREMENT AND • A County Sealer of Weights and Measures PAYMENT • A Scale Service Agency Measurement of Quantities. • A Division of Measurement Standards Official General. The Contractor shall notify the Engineer at least 24 hours Unless otherwise specified, quantities of work shall be advance of testing the device. All undersupports for scale bearing points shall be constructed of portland cement concrete produced from commercial qualitreates and cement, which contains not less than 375 k determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling,fencing and timber shall be considered as being the aggregates true length measured along longitudinal axis. g of cement per cubic meter. Undersupports shall be constructed in a manner to prevent Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical any shifting or tilting of the support. They shall have a or horizontal sections and the intervening horizontal or minimum height of 350 mm above ground line. The vertical dimension. The planimeter shall be considered an footings shall have a minimum depth of 150 mm below the instrument of precision adapted to measurement of all ground line.-The bearing surface of the footings shall have areas. a minimum width of 760 mm and shall be of sufficient area so the pressure does not exceed 200 kPa. Adequate Units of Measurement. drainage shall be provided to prevent saturation of the All work to be paid for at a contract price per unit of ground under the scale. Scale bulkheads shall be of measurement will be measured by the Engineer in adequate material and strength to resist displacement If accordance with the International System of Units (SI) or timber bulkheads are used, the minimum cross section in English Units. shall be 200 mm x 200 mm. Wedges shall not be used to shim the supports. If shimming is necessary, it shall be Scales. done by securely attached metal shims, or by grouting. Unless shipped by rail, material paid for by mass shall be Shimming shall not exceed 75 mm. The approach ramps weighed on scales furnished by and at the expense of the shall be level with the scale deck for a distance of not less Contractor or on other sealed scales regularly inspected by than one-half the length of the scale deck. The mechanical the Division of Measurement Standards or its designated indicating elements shall be installed level and plumb and representative. shall be rigidly mounted upon a concrete foundation. Weighing, Measuring and Metering Devices. The lever system and mechanical indicating elements of All weighing, measuring and metering devices used to hopper scales shall be rigidly attached to non-yielding supports in such a manner as to prevent any loss in weight measure the quantity of materials used in the work shall be due to bending and distortion of the supports. suitable for the purpose intended and shall conform to the tolerances and specifications as outlined in Title 4, When a multiple beam type scale is used in proportioning Chapter 9 of the California Code of Regulations, the pro- materials, an over and under indicator shall be provided visions of the California Business and Professions Code, which will give positive visible evidence of the amount of Division 5, and these specifications. Devices not Type- any over and under weight. The indicator shall be so approved by the Division of Measurement Standards shall designed that it will operate during the addition of the last be Type-approved in accordance with California Test 109. 90 kg of any weighing. The over-travel of the indicator shall be at least one-third of the loading travel. Indicators All weighing, measuring or metering devices used to determine the quantity of materials to be paid for will be shall be enclosed against moisture and dust considered to be"commercial devices,"and shall be sealed All over and under, dial,and other indicators for weighing by the Division of Measurement Standards or its and measuring systems used in proportioning materials authorized representative as often as the Engineer may shall be grouped so that the smallest increment for each deem necessary. The installation of all portable vehicle indicator can be accurately read from the point at which scales must be approved by the Engineer prior to sealing. the proportioning operation is controlled. Vehicle scales shall be of sufficient size to permit the The Contractor shall bear the expense of all service fees entire vehicle or combination of vehicles to rest on the for testing and approving of "non-commercial devices." scale deck while being weighed. Combination vehicles The cost of the equipment, labor and materials furnished may be weighed as separate units provided they are by the Contractor to assist in the testing of weighing, disconnected while being weighed. The maximum measuring or metering devices will be considered as in concentrated load shall not exceed the manufacturer's cluded in the contract prices paid for the various contract designed sectional capacity of the scale. items of work requiring the weighing, measuring or All weighing, measuring or metering devices required by metering and no separate payment will be made therefor. these specifications for the purpose of proportioning a Whenever pay quantities of material are determined by material or product will be considered to be "non- weighing, the scales shall be operated by a weighrnaster commercial devices," and shall be tested and approved in licensed in accordance with the provisions of the accordance with California Test 109. This testing shall be California Business and Professions Code, Division 5, done by one of the following, in the presence of the Chapter 7. The Contractor shall furnish a Public Engineer,as often as the Engineer deems necessary: Weighmaster's certificate or certified daily summary Boal: II1: General Provisions-42 • MEASUREMENT AND PAYMENT SECTION 9 201.5.26.) General: Except as may otherwise be provided in specific instances, nothing in the Contract shall be . constructed as vesting in the Contractor any property right in any material, article or structure existing at the time of award of Contract within the area in which the work is to be done; or in any material or article subsequently furnished for the work by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in Section 9. In the latter event any such material, article, structure or work shall become the property of the agency after being so accounted for. • Book IIl:General Provisions-54 MEASUREMENT AND PAYMENT SECTION 9 in such notice and to provide for the reasonable cost of any litigation thereunder, as provided in Civil Code Section 31 S6;provided,that if the City in its discretion permits the Contractor to file such release bond as is authorized by Civil Code Section 3196 in a sum equal to one and one- quarter times the amount of said claim, said money shall not thereafter be withheld on account of such claim. 9-8 Right To Audit • if the Contractor submits a claim to the City for additional compensation,the City shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled to audit the Contractors books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the Contractor's plans, or such parts thereof, as may have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the City deems desirable during the Contractor's normal business hours at the office of the Contractor.The Contractor shall make available to the City for auditing, all relevant accounting records and documents, and other financial data, and upon request, • shall submit true copies of requested records to the City.. • Book III: Genera;Provisions-53 lr 4 MEASUREMENT AND PAYMENT SECTION 9 daily extra work reports, or if not available, they shall be Section 6-7, "Time of Completion," or the notice submitted with subsequent daily extra work reports. provisions in Section 6-11, "Differing Site Conditions," or Should the vendor's invoices not be submitted within 60 Section 6-9, "Liquidated Damages," nor to any claim days after the date of delivery of the material or within 15 which is based on differences in measurements or errors of days after the acceptance of the contract,whichever occurs computation as to contract quantities. first,the Department reserves the right to establish the cost The written notice of potential claim shall be submitted to of the materials at the lowest current wholesale prices at the Engineer prior to the time that the Contractor performs which those materials were available in the quantities the work giving rise to the potential claim for additional concerned delivered to the location of work less any compensation, if based on an act or failure to act by the discounts as provided in Section 9-4.1.2.1. Engineer, or in all other cases witbin 7 days after the t • Daily extra work reports shall be signed by the Contractor happening of the event, thing, occurrence, or other cause, or the Contractors authorized representative. giving rise to the potential claim. The Engineer will compare the Engineer's records with the The written notice of potential claim shall be submitted on completed daily extra work reports furnished by the Form furnished by the Department and shall be certified Contractor and make any necessary adjustments. When with reference to the California False Claims Act, these daily extra work reports are agreed upon and signed Government Code Sections 12650 - 12655. The notice by both parties, the reports shall become the basis of shall set forth the reasons for which the Con-tractor payment for the work performed, but shall not preclude believes additional compensation will or may be due and subsequent adjustment based on a later audit by the the nature of the costs involved. Unless the amount of the Department potential claim has been stated in the written notice, the Contractor shall, within 7 days of submitting the notice, The Contractor's cost records pertaining to work paid for furnish an estimate of the cost of the affected work and on a force account basis shall be open to inspection or impacts, if any, on project completion. The estimate of audit by representatives of the Department, during the life costs may be changed or updated by the Contractor when of the contract and for a period of not less than 3 years conditions have changed. When the affected work is after the date of acceptance thereof, and the Contractor completed, the Contractor shall submit substantiation of shall retain those records for that period. Where payment the Contractor's actual costs. Failure to do so shall be for materials or labor is based on the cost thereof to forces sufficient cause for denial of any claim subsequently filed other than the Contractor, the Contractor shall make every on the basis of the notice of potential claim. reasonable effort to ensure that the cost records of those other forces will be open to inspection and audit by It is the intention of this Section 9-6 that differences representatives of the Department on the same terms and between the parties arising under and by virtue of the conditions as the cost records of the Contractor. if an audit contract be brought to the attention of the Engineer at the is to be commenced more than 60 days after the earliest possible time in order that the matters may be acceptance date of the contract, the Contractor will be settled, if possible, or other appropriate action promptly given a reasonable notice of the time when the audit is to taken. The Contractor hereby agrees that the Contractor begin. shall have no right to additional compensation for any ` claim that may be based on any act, failure to act, event, 9-4.4 Payment . thins or occurrence for which no written notice of potential Payment as provided in Sections 9-4.], "Work Performed claim as herein required was filed. by Contractor," and 9-4.2, "Work Performed by Special Forces or Other Special Services," shall constitute full Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and paid for on a force acccounnttbasis and no additional paoration to the Contractorfor performance work copying of documents or records in the possession of the d compensation will be allowed therefor. The payment will Department that pertain to the potential claim, the be made in accordance with the provisions in Section 9- Contractors records of the project, as deemed by the 4.06,"Partial Payments." Department to be pertinent to the potential claim, shall be made avail-able to the Department for inspection and 9-5 Stop Notices. copying. The City may at its option and at any time retain out of any 9-7 Unpaid Claims. amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Section 3]79 et seq of the Civil if upon or before the completion of the work herein agreed Code. to be performed, or at any time prior to the expiration of the period within which claims of lien may be filed of,, 9-6 Notice of Potential Claim . record as prescribed by the Code of Civil Procedure, any The Contractor shall not be entitled to the payment of any person or persons claiming to have performed any labor or additional compensation for any act, or failure to act, by furnished any materials, supplies or services toward the the Engineer, including failure or refusal to issue a change performance of this Contract or to have agreed to do so, order, or for the happening of any event,thing, occurrence, files with the City a verified statement of such claim in or other cause, unless the Contractor shall have given the accordance with, Civil Code Section 3179 et seq., or if any Engineer due written notice of potential claim as person brings against the City or any of its agents any hereinafter specified. Compliance with this Section 9-6 action to enforce such claim, the City shall until the shall not be ar pry uisite as to matters within the scope of discharge thereof withhold from the moneys that are under the protest provisions in Section 3-], "Changes," or its control an amount sufficient to answer the claim stated Book III:General Provisions-52 lb ill MEASUREMENT AND PAYMENT SECTION 9 the Engineer may authorize payment for the use of the The provisions in Section 9-4.1.1, "Labor,"shall not apply equipment at equipment rental rates in excess of those to operators of rented dump trucks. listed as applicable for the use of that equipment subject to lye rental rates listed for dumptrucks in the Department following additional conditions: of Transportation publication entitled Labor Surcharge 1. The Engineer shall specifically approve the necessity And Equipment Rental Rates shall not apply. for the use of particular equipment on that work, To the total of the rental costs for fully maintained and 2. The Contractor shall establish to the satisfaction of the operated dump trucks, including labor,there will be added , Engineer that the equipment cannot be obtained from a markup of 15 percent.An additional markup of 5 percent the Contractor's normal equipment source or sources will be added by reason of performance of the work by a and those of the Contractor's subcontractors, sub-contractor.No separate markup will be made for labor. , 3. The Contractor shall establish to the satisfaction of the The provisions of Section 9-4.1.3.3, "Owner-Operated Engineer that the proposed equipment rental rate for Equipment,"shall not apply to dump truck rentals. the equipment from the proposed source is reasonable and appropriate for the expected period of use. 9-4.2 Work Performed by Special Forces or Other 4. The Engineer shall approve the equipment source and Special Services . the equipment rental rate to be paid by the State before When the Engineer and the Contractor, by agreement, the Contractor begins work involving the use of that determine that a special service or an item of extra work equipment. cannot be performed by the forces of the Contractor or those of any of the Contractor's subcontractors, that 9-4.1.3.3 Owner-Operated Equipment . service or extra work item may be performed by a When owner-operated equipment is used to perform extra specialist. Invoices for the service or item of extra work on work to be paid for on a force account basis, the the basis of the current market price, thereof may be Contractor will be paid for the equipment and operator, as accepted without complete itemization of labor, material, follows: and equipment rental costs when it is impracticable and not in accordance with the established practice of the special Payment for the equipment will be made in accordance service industry to provide a complete itemization. with the provisions in Section 9-4.1.3, "Equipment Rental." In those instances wherein a Contractor is required to perform extra work necessitating a fabrication or Payment for the cost of labor and subsistence or travel machining process in a fabrication or machine shop facility allowance will be made at the rates paid by the Contractor away from the jobsite, the charges for that portion of the • to other workers operating similar equipment already on extra work performed in the facility may,by agreement,be the project or, in the absence of other workers operating accepted as a specialist billing. similar equipment,at the rates for that labor established by collective bargaining agreements for the type of workers To the specialist invoice price,less a credit to the State for and location of the work, whether or not the owner- any cash or trade discount offered or available,whether or operator is actually covered by an agreement. A labor not the discount may have been taken, will be added 15 surcharge will be added to the cost of labor described percent in lieu of the percentages provided in Section 9- herein, in accordance with the provisions in Section 9- 4.1,"Work Performed by Contractor." 4.1.1.2,"Labor Surcharge." 9-4.3 Records. To the direct cost of equipment rental and labor, computed The Contractor shall maintain records in such a manner as as provided herein, will be added the markups for to provide a clear distinction between the direct costs of equipment rental and labor as provided in Section 9-4.1, extra work paid for on a force account basis and the costs "Work Per-formed by Contractor." of other operations. 9-4.1.3.4 Dump Truck Rental . From the above records, the Contractor shall furnish the Dump truck rental shall conform to the provisions of Engineer completed daily extra work reports, either on Sections 9-4.1.3, "Equipment Rental," 9-4.1.3.1, forms furnished.by the Department or on computerized "Equipment on the Work," and 9-4.1.3.2, "Equipment not facsimiles of the Department's forms acceptable to the on the Work,"except as follows: Engineer, for each day's extra work to be paid for on a force account basis. The daily extra work reports shall Fully maintained and operated rental dump trucks used in itemize the materials used, and shall cover the direct cost the performance of extra work paid for on a force account of labor and the charges for equipment rental, whether'' basis will be paid for at the same hourly rate paid by the furnished by the Contractor, subcontractor, or other forces, Contractor for use of fully maintained and operated rental except for charges described in Section 9-4.2, "Work dump trucks in performing contract item work. Performed by Special Forces or Other Special Services." In the absence of contract item work requiring dump truck The daily extra work reports shall provide names or rental, the Engineer will establish an hourly rental rate to identifications and classifications of workers, the hourly be paid. The Contractor shall provide the Engineer with rate of pay and hours worked, and also the size, type and complete information on the hourly rental rates available identification number of equipment,and hours operated. for rental of fully maintained and operated dump trucks. Material charges shall be substantiated by valid copies of vendor's invoices. The invoices shall be submitted with the Book III: General Frm'isions-51 MEASUREMENT AND PAYMENT SECTION 9 Rental time will not be allowed while equipment is inoperative due to breakdowns. 0 4 9-4.1.3.1 Equipment on the Work. 0.5 4.25 The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work ] 4.5 being performed., and in addition, shall include the time required to move the equipment to the location of the extra 1.5 4.75 work and return it to the original location or to another 2 5 location requiring no more time than that required to return it to its original location, except that moving time will not • 2.5 5.25 , be paid for if the equipment is used at the site of the extra 3 5.5 work on other than the extra work. Loading and transporting costs will be allowed, in lieu of moving time, 3.5 5.75 when the equipment is moved by means other than its own 4 6 power, except that no payment will be made if the equipment is used at the site of the extra work on other 4.5 6.25 than the extra work. 5 6.5 The following shall be used in computing the rental time of equipment on the work: 5.5 6.75 (1) When hourly rates are listed, less than 30 minutes 6 7 of operation shall be considered to be 0.5-hour of 6.5 7.25 operation. 7 7.5 (2) When daily rates are listed, less than 4 hours of operation shall be considered to be 0.5-day of operation. 7.5 7.75 9-4.1.3.2 Equipment not on the Work. 8 8 For the use of equipment moved in on the work and used Over S hours in operation exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in The hours to be paid for equipment which is operated the Department of Transportation publication entitled less than 8 hours due to breakdowns, shall not exceed Labor Surcharge And Equipment Rental Rates, which is in S less the number of hours the equipment is effect on the date upon which the work is accomplished inoperative due to breakdowns. and which is a part of the contract, or determined as When hourly rates are listed, less than 30 minutes of provided in Section 9-4.1.3 and for the cost of transporting operation shall be considered to be 0.5-hour of , the equipment to thelocation of the work and its return to operation. its original location, all in accordance with the following provisions: When daily rates are listed, payment for 0.5-day will be made if the equipment is not used. If the equipment 1. The original location of the equipment to be hauled to is used,payment will be made for one day. the location of the work shall be agreed to by the Engineer in advance. The minimum rental time to be paid for the entire rental period on an hourly basis shall not be less than 2. The City will pay the costs of loading and unloading S hours or if on a daily basis shall not be less than one the equipment day. 3. The cost of transporting equipment in low bed trailers 5. Should the Contractor desire the return of the shall not exceed the hourly rates charged by equipment to a location other than its original established haulers. location,the State will pay the cost of transportation in 4. The rental period shall begin at the time the equipment accordance with the above provisions, provided the is unloaded at the site of the extra work, shall include payment shall not exceed the cost of moving the each day that the equipment is at the site of the extra equipment to the work work, excluding Saturdays, Sundays, and legal 6. Payment for transporting, and loading and unloading holidays unless the equipment is used to perform the equipment., as above provided, will not be made if the extra work on those days, and shall terminate at the equipment is used on the work in any other way than end of the day on which the Engineer directs the upon extra work paid for on a force account basis. Contractor to discontinue the use of the equipment The rental time to be paid per day will be in When extra work, other than work specifically designated accordance with the following: as extra work in the plans and specifications, is to be paid for on a force account basis and the Engineer determines Hours Equipment Hours to that the extra work requires the Contractor to move on to is in Operation be paid the work equipment which could not reasonably have been expected to be needed in the performance of the contract, Boot.111:General Provisions-50 0 0 MEASUREMENT AND PAYMENT SECTION 9 9-4.1.1.1 Actual Wages . 9-4.1.2.5 The actual wages paid shall include any employer if the Contractor does not furnish satisfactory evidence of payments to or on behalf of the workers for health and the cost of the materials from the actual supplier thereof welfare,pension,vacation,and similar purposes. within 60 days after the date of delivery of the material or within 15 days after acceptance of the contract, whichever 9-4.1.1.2 Labor Surcharge. occurs first, the Department reserves the right to establish To the actual wages, as defined in Section 9-4.1.1.1, will the cost.of the materials at the lowest current wholesale be added a labor surcharge set forth in the Department of prices at which the materials were available in the , Transportation publication entitled Labor Surcharge And quantities concerned delivered to the location of the work, Equipment Rental Rates, which is in effect on the date less any discounts as pro-vided in Section 9-4.1.2.1. upon which the work is accomplished and which is a part of the contract. The labor surcharge shall constitute full 9-4.1.3 Equipment Rental t compensation for all payments imposed by State and The Contractor will be paid for the use of equipment at the Federal laws and for all other payments made to, or on rental rates listed for that equipment in the Department of behalf of, the workers, other than actual wages as defined Transportation publication entitled Labor Surcharge And in Section 9-4.1.1.1 and subsistence and travel allowance Equipment Rental Rates, which is in effect on the date as specified in Section 9-4.1.1.3. upon which the work is accomplished and which is a part of the contract, regardless of ownership and any rental or 9-4.1.1.3 Subsistence and Travel Allowance other agreement, if they may exist, for the use of that The actual subsistence and travel allowance paid to the equipment entered into by the Contractor, except that for workers. those pieces of equipment with a rental rate of 510.00 per hour or less as listed in the Labor Surcharge And 9-4.1.2 Materials. Equipment Rental Rates publication and which are rented The Department reserves the right to furnish any materials from a local equipment agency, other than Contractor it deems advisable,and the Contractor shall have no claims owned, the Contractor will be paid at the hourly rate for costs and markup on those materials. shown on the rental agency invoice or agreement for the Only materials furnished by the Contractor and necessarily 4.time used on force ac-count work as provided in Section 9- used in the performance of the work will be paid for. The equipment "Equipment on the Work." if a minimum cost of those materials will be the cost to the purchaser, equipment rental amount is required by the local whether Contractor, subcontractor or other forces,from the equipment rental agency, the actual amount charged will be paid to the Contractor. supplier thereof,except as the following are applicable: if it is deemed necessary by the Engineer to use equipment 9-4.1.2.1 not listed in the Labor Surcharge And Equipment Rental If a cash or trade discount by the actual supplier is offered Rates publication, a suitable rental rate for that equipment or available to the purchaser, it shall be credited to the will be established by the Engineer. The Contractor may State notwithstanding the fact that the discount may not furnish any cost data which might assist the Engineer in have been taken. the establishment of the rental rate. If the rental rate 9-4.1.2.2 established by the Engineer is 510.00 per hour or less, the provisions above concerning rental of equipment from a If materials are procured by the purchaser by any method local equipment agency shall apply. which is not a direct purchase from and a direct billing by the actual supplier to the purchaser, the cost of those The rental rates paid as above provided shall include the materials shall be deemed to be the price paid to the actual cost of fuel, oil, lubrication, supplies, small tools, supplier as determined by the Engineer plus the actual necessary attachments, repairs and maintenance of any costs,if any,incurred in the handling of the materials. kind, depreciation,storage,insurance,and all incidentals. 9-4.1.2.3 Operators of rented equipment will be paid for as provided in If the materials are obtained from a supply or source Section 9-4.1.1,"Labor." owned wholly or in part by the purchaser,the cost of those All equipment shall, in the opinion of the Engineer, be in materials shall not exceed the price paid by the purchaser good working condition and suitable for the purpose for for similar materials furnished from that source on contract which the equipment is to be used. items or the current wholesale price for those materials Unless otherwise specified, manufacturer's ratings and delivered to the job site,whichever price is lover. manufacturer approved modifications shall be used to 9-4.1.2.4 classify equipment for the determination of applicable If the cost of the materials is, in the opinion of the rental rates. Equipment which has no direct power unit Engineer, excessive, then the cost of the material shall be shall be powered by a unit of at least the minimum rating deemed to be the lowest current wholesale price at which recommended by the manufacturer. the materials were available in the quantities concerned Individual pieces of equipment or tools not listed in the delivered to the job site, less any discounts as provided in Labor Surcharge and Equipment Rental Rate publication Section 9-4.1.2.1. and having a replacement value of 5500 or less,whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. Book III:General Provisions-49 l1110 MEASUREMENT AND PAYMENT SECTION 9 deemed to be damages incurred by the City within the 9-3.3 Delivered Materials. meaning of the California False Claims Act When provided for in the Specifications, and subject to the The Director will make the final determination of any limitation and conditions therein,the cost of materials and claims which remain in dispute after completion of claim equipment delivered but not incorporated into the Work review by the Engineer. A board or person designated by will be included in the progress estimate. the Director will review those claims and make a written 9-3.4 Mobilization. recommendation thereon to the Director. The Contractor When a bid item is included in the Proposal form for may meet with the review board or person to make a mobilization and subject to the conditions and limitations presentation in support of those claims. � in the Specifications, the costs of work in advance of Upon final determination of the claims, the Engineer will construction operations and not directly attributable to any ' i then make and issue the Engineer's final estimate in specific bid item will be included in the progress estimate. writing and within 30 days thereafter the City will pay the When no such bid item is provided,payment for such costsentire sum, if any, found due thereon. That final estimate will be considered to be included in the other items of shall be conclusive and binding against both parties to the work. contract on all questions relating to the amount of work done and the compensation payable therefor, except as 9-4 Force Account Payment. otherwise provided in Sections 9-1.03C,"Records." When extra work is to be paid for on a force account basis, the labor,materials and equipment used in the performance 9-3.2.3.3 Final Payment: of that work shall be subject to the approval of the lf, on the basis of the Engineer' observation of the Work Engineer and compensation will be determined as follows: during construction and final inspection, and the Engineer' review of the final Application for Payment and 9-4.1 Work Performed by Contractor. accompanying documentation, all as required by the The Contractor will be paid the direct costs for labor, Contract Documents, the Engineer is satisfied that the materials and equipment used in performing the work Work has been substantially completed, and the determined as hereinafter provided in Sections 9-4.1.1, Contractor's other obligations under the Contract "Labor," 9-4.1.2, "Materials," and 9-4.1.3, "Equipment Documents have been fulfilled, the Engineer will, after Rental," except where agreement has been reached to pay receipt of the final Application for Payment, indicate in in accordance with Section 9-4.2, "Work Performed by Writing the Engineer' recommendation of payment and Special Forces or Other Special Services." present the Application to the Board for payment. To the total of the direct costs computed as provided in After acceptance of the Work by the Board, the City will Sections 9-4.1.1, "Labor," 9-4.1.2, "Materials," and 9- make final payment to the Contractor of the amount 4.1.3, "Equipment Rental," there will be added a markup remaining after deducting all prior payments and all of 20 percent to the cost of labor, 15 percent to the cost of amounts to be kept or retained under the provisions of the materials,and 15 percent to the equipment rentaL Contract Documents, including the following items: The above markups shall constitute full compensation for Liquidated damages,as applicable. all over-head costs which shall he deemed to include all items of expense not specifically designated as cost or Two times the value of outstanding items of correction equipment rental in Sections 9-4.1.1, "Labor," 9-4.1.2, work or punch list items indicated as being yet "Materials," and 9-4.1.3, "Equipment Rental." The total uncompleted or uncorrected as applicable. The value said payment made as provided above shall be deemed to be work will be determined by the Engineer. All such work the actual cost of the work and shall constitute full shall be completed or corrected to the satisfaction of the compensation therefor. City within 30 days, otherwise the Contractor does hereby waive any and all claims to all monies withheld by the City When extra work to be paid for on a force account basis is to cover the value of all such uncompleted or uncorrected per-formed by a subcontractor, an additional markup of 5 items. percent will be added to the total cost of that extra work including all markups specified in this Section 9-4.1. The 9-3.2.3.4 Acceptance. additional 5 percent markup shall reimburse the Contractor The parties agree that no certificate given, with the for additional administrative costs, and no other additional exception of the certificate of final payment, shall be payment will be made by reason of performance of the conclusive evidence of the faithful performance of the extra work by a subcontractor. Contract, either in whole or in par., and that no payment shall be construed to be an acceptance of any defective 9-4.1.1 Labor . work or improper materials. Further,the certificate of final The Contractor will be paid the cost of labor for the payment shall not terminate the Contractor's obligations workers (including foremen when authorized by the under his warranty hereinabove. The Contractor agrees Engineer), used in the actual and direct performance of the that payment of the amount due under the Contract and thework. The cost of labor, whether the employer is the adjustments and payments due for any work done in Contractor, subcontractor, or other forces, will be the sum accordance with any alterations of the same, shall release of the following: the City, the City and its officers and employees from any and all claims or liability on account of work performed under the contract or any alteration thereof. Book III:General Provisions-4S 414 4111 . MEASUREMENT AND PAYMENT SECTION 9 for prior payments and amounts to be kept or retained access to those records and any other records as may be under the provisions of the contract. All prior estimates required by the Engineer to determine the facts or and payments shall be subject to correction in the proposed contentions involved in the claims. Failure to permit access final estimate. The Contractor shall submit written to those records shall be sufficient cause for denying the approval of the proposed final estimate or a written claims. statement of all claims arising under or by virtue of the Claims submitted bythe Contractor shall be accompanied contract so that the Engineer receives the written approval or statement of claims no later than close of business of the by a notarized certificate containing the following thirtieth day after receiving the proposed final estimate. if language: the thirtieth day falls on a Saturday, Sunday or legal hol- "Under the penalty of law for perjury or falsification and iday, then receipt of the written approval or statement of with specific reference to the California False Claims Act, claims by the Engineer shall not be later than close of Government Code Section 12650 et.seq.,the undersigned, ' business of the next business day. No claim will be considered that was not included in the written statement • of claims, nor will any claim be allowed as to which a (name) notice or protest is required under the provisions in Sections 3-1, "Changes," 6-7,"Time of Completion," 6-9, of "Liquidated Damages," 6-11, "Differing Site Conditions," 5 "Utilities," and 9-6, "Notice of Potential Claim," unless rule ) the Contractor has complied with the notice or protest . requirements in those sections. • (company) On the Contractor's approval, or if the Contractor files no claim within the specified period of 30 days,the Engineer will issue a final estimate in writing in accordance with the hereby certifies that the claim for the additional proposed final estimate submitted to the Contractor and compensation and time, if any, made herein for the work within 30 days thereafter the State will pay the entire sum on this contract is a true statement of the actual costs so found to be due. That final estimate and payment incurred and time sought, and is fully documented and thereon shall be conclusive and binding against both supported under the contract between parties. parties to the contract on all questions relating to the amount of work done and the compensation payable - therefor, except as otherwise provided in Sections 9-43, Dated "Records." If the Contractor within the specified period of 30 days files claims,the Engineer will issue a semifinal estimate in /s/ accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the State will pay the sum so found to be due. The semifinal estimate and payment thereon shall be conclusive and binding Subscribed and sworn before me this against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed day within the time and in the manner required hereunder and except as otherwise provided in Sections 9-1.03C, "Records,"and 9-1.09,"Clerical Errors." of • - Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of those claims, if additional information or details are required by the Engineer to determine thebasis and Notary Public amount of the claims, the Contractor shall furnish additional information or details so that the additional My Commission Expires " information or details are received by the Engineer no later Failure to submit the notarized certificate will be sufficient than the fifteenth day after receipt of the written request cause for denying the claim. from the Engineer. If the fifteenth day falls on a Saturday, Sunday or legal holiday,then receipt of the information or Any claim for overhead type expenses or costs, in addition details by the Engineer shall not be later than close of to being certified as stated above, shall be supported by an business of the next business day. Failure to submit the audit report of an independent Certified Public information and details to the Engineer within the time Accountant Any claim for overhead shall also be subject specified will be sufficient cause for denying the claim. to audit by the City at its discretion. The Contractor shall keep full and complete records of the Any costs or expenses incurred by the City in reviewing or costs and additional time incurred for any work for which auditing any claims that are not supported by the a claim for additional compensation is made. The Engineer Contractor's cost accounting or other records shall be or any designated claim investigator or auditor shall have Book III:General Provisions-47 • 410 4 MEASUREMENT AND PAYMENT SECTION 9 be approved in writing by the surety on the Performance When the Contractor considers the Work ready for its Bond and by the surety on the Payment Bond. The intended use, the Contractor shall notify the Engineer in approval of the surety shall be submitted to the Engineer, writing that the work is substantially complete. Thethe signature of the person executing the approval for the notification shall be made by an authorized representative surety shall be properly acknowledged and the power of of the Contractor and shall contain the following language: attorney authorizing the person to give that consent must "I know of my own personal knowledge, and do hereby • either accompany the document or be on file with the certify, that the work of the contract described above has Department_ been performed, and materials used and installed in every ' particular, in accordance with, and in conformity to, the The Department shall pay monthly to the Contractor, while contract drawings and specifications. The Contract work is carrying on the work, the balance not retained, as now complete in all parts and requirements, and ready for c aforesaid, after deducting therefrom all previous payments the Agency's final inspection. I further understand that and all sums to be kept or retained under the provisions of neither the determination by the Engineer that the work is the contract No monthly estimate or payment shall be complete, no the acceptance thereof by the City, shall required to be made when, in the judgment of the operate as a bar to claim against the Contractor under the Engineer, the work is not proceeding in accordance with terms of the guarantee provisions of the contract the provisions of the contract. documents." No monthly estimate or payment shall be construed to be Within a reasonable time thereafter, the Contractor and the an acceptance of any defective work or improper materials. Engineer shall make an inspection of the Work to Attention is directed to the prohibitions and penalties determine the status of completion. If the Engineer does pertaining to unlicensed contractors as provided in not consider the Work substantially complete,the Engineer will notify Business and Professions Code Sections 7025.15(a) and f)' the Contractor in writing, giving the reasons 7031 therefor. if the Engineer considers the work substantially complete, the Engineer shall then request that the Board 9-3.2.2.2 Substitution of Securities for Retention. accept the work and that the Agency Secretary be As provided in Section 22300 of the California Public authorized to file, on behalf of the City in the office of the Contract Code,the Contractor may substitute securities for Orange County Recorder, a Notice of Completion of the any monies withheld by the Agency to ensure performance work agreed to be done by the Contractor. As applicable, under the Contract. there shall be attached to the said Notice a list of items to be completed or corrected before release of retainage or 9-3.2.2.3 Release of Retention. funds withheld to secure payment for such items remaining Pursuant to Public Contract Code Section 7107, and in to be completed or corrected. accordance with the provisions therein, within 60 days Completion shall mean Substantial completion, which after the date of completion of the improvement, the shall mean substantial performance of the Contract as retention withheld by. the City shall be released. The defined in Black's Law Dictionary 4th Edition, by West Faithful Performance and Labor and Material Bonds shall Publishing Co., St. Paul Minn., See definition of also be released at this time, except to the extent the "Completion" and Substantial Completion" in Article 1, former bond is to remain in force and effect.. In the event herein. of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to 9-3.2.3.2 Final Application For Payment And exceed 150 percent of the disputed amount as provided in Claims: Section 7107. Within 30 days from receipt by the Contractor of retention proceeds, Contractor shall pay each After the Contractor has completed all such correction of its subcontractors from whom retention has been work referred to in the substantial completion section, 9- withheld its share of the retention received, except that 3.23.1. and delivered all maintenance and operating Contractor may withhold from a subcontractor its portion instructions, schedules. guarantees, Bonds, certificates of of the retention proceeds if a bona fide dispute exists inspection. marked-up record documents (as provided in between the subcontractor and Contractor, up to )50 the Special Provisions) and other documents, all as percent of the estimated value of the disputed amount. If a required by the Contract Documents, and after the retention payment received by the Contractor is Engineer has indicated that the work is acceptable, the specifically designated for a particular subcontractor, Contractor may make application for final payment payment of the retention shall be made to the designated following the procedure for progress payments. subcontractor, if the payment is consistent with the terms The final Application for Payment shall be accompanied of the subcontract. by all documentation called for in the Contract Documents, 9-3.2.3 Final Invoice And Payment together with complete and legally effective releases or waivers (satisfactory to the City) of all liens arising out of 9.3.2.3.1 Substantial Completion: or filed in connection with the work. Prior acceptance of the work, the Cont-actor shall clean all the streets and ground occupied or utilized by him in After receipt of the application, the Engineer will make a connection with the project, of all rubbish, debris, excess proposed final estimate in writing of the total amount material, temporary structures and equipment, leaving the payable to the Contractor, including therein an itemization entire site of the work in a neat and presentable condition. of the total amount. segregated as to contract item quan- tities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made Book III:General Provisions-46 ID 4111 MEASUREMENT AND PAYMENTSECTION 9 No compensation will be made in any case for loss of 9.3,2 Partial and Final Payment. anticipated profits. 9.3.2.1 Partial Payments. 9.3.1.2 Records. The Engineer will, after award of Contract, establish a The Contractor shall maintain records in such a manner as closure date for the purpose of making monthly progress to provide a clear distinction between the direct costs of payments. The Contractor may request in writing that such extra work paid for on a force account basis and the costs monthly closure date be changed. The Engineer may of other operations. approve such request when it is compatible with the Agency's payment procedure. From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, either on The Department, once in each month, shall cause an forms furnished by the Department or on computerized estimate in writing to be made by the Engineer. The es•, • facsimiles of the Department's forms acceptable to the timate shall include the total amount of work done and' Engineer, for each day's extra work to be paid for on a acceptable materials furnished, provided the acceptable force account basis. The daily extra work reports shall materials are listed as eligible for partial payment as iterni7p the materials used, and shall cover the direct cost materials in the special provisions and are furnished and of labor and the charges for equipment rental, whether delivered by the Contractor on the ground and not used or furnished by the Contractor,subcontractor, or other forces, are furnished and stored for use on the contract, if the except for charges described in Section 9-4.2, "Work storage is within the State of California and the Contractor Performed by Special Forces or Other Special Services." furnishes evidence satisfactory to the Engineer that the The daily extra work reports shall provide names or materials are stored subject to or under the control of the identifications and classifications of workers, the hourly Department, to the time of the estimate, and the value rate of pay and hours worked, and also the size, type and thereof. The estimate shall also include any amounts identification number of equipment,and hours operated payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not Material charges shall be substantiated by valid copies of including Saturdays, Sundays and legal holidays, prior to vendor's invoices.The invoices shall be submitted with the the preparation of the monthly progress estimate shall not daily extra work reports, or if not available, they shall be be eligible for payment until the following month's submitted with subsequent daily extra work reports. estimate. Should the vendor's invoices not be submitted within 60 days after the date of delivery of the material or within 15 The amount of any material to be considered in making an days after the acceptance of the contract,whichever occurs estimate will in no case exceed the amount thereof which first,the Department reserves the right to establish the cost has been reported by the Contractor to the Engineer on of the materials at the lowest current wholesale prices at State-furnished forms properly filled out and executed, which those materials were available in the quantities including accompanying documentation as therein re- concerned delivered to the location of work less any . quired, less the amount of the material incorporated in the discounts as provided in Section 9-4.1.2.1. work to the time of the estimate. Only materials to be incorporated in the work will be considered.The estimated Daily extra work reports shall be signed by the Contractor value of the material established by the Engineer will in no or the Contractor's authorized representative. case exceed the contract price for the item of work for The Engineer will compare the Engineer's records with the which the material is furnished completed daily extra work reports furnished by the The Department shall retain 10 percent of the estimated Contractor and make any necessary adjustments. When value of the work done and 10 percent of the value of these daily extra work reports are agreed upon and signed materials so estimated to have been furnished and by both parties, the reports shall become the basis of delivered and unused or furnished and stored as aforesaid payment for the work performed, but shall not preclude as part security for the fulfillment of the contract by the subsequent adjustment based on a later audit by the Contractor, except that at any time after 20 percent of the Department work has been completed, if the Engineer finds that The Contractor's cost records pertaining to work paid for satisfactory progress is being made, the Department may on a force account basis shall be open to inspection or reduce the total amount being retained from payment Pursuant to the above requirements to 5 percent of audit by representatives of the Department, during the life the total of the contract and for a period of not less than 3 years estimated value of the work and materials and may also after the date of acceptance thereof, and the Contractor reduce the amount retained from any of the remaining shall retain those records for that period. Where payment partial payments to 5 percent of the estimated value of the for materials or labor is based on the cost thereof to forces work and materials. In addition. on any partial payment,, other than the Contractor,the Contractor shall make every made after 95 percent of the work has been completed the reasonable effort to ensure that the cost records of those Department may reduce the amount withheld from other forces will be open to inspection and audit by payment pursuant to the requirements of this Section 9- representatives of the Department on the same terms and 3.:3.1,to such lesser amount as the Department determines conditions as the cost records of the Contractor. If an audit is adequate security for the fulfillment of the balance of the is to be commenced more than 60 days after the work and other requirements of the contract, but in no acceptance date of the contract, the Contractor will be event will that amount be reduced to less than 125 percent given a reasonable notice of the time when the audit is to of the estimated value of the work yet to be completed as begin determined by the Engineer. The reduction will only be made upon the written request of the Contractor and shall Book IIl:General Provisions-45 ike 4 MEASUREMENT AND PAYMENT SECTION 9 the various items of work requiring such work, and no Contractor's failure to pay for labor or materials used in additional compensation will be allowed_ the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance The quantities listed in the Bid schedule will not govern with applicable laws. final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in At the expiration of 60 days from the date of acceptance of accordance with the Plans and Specifications. Upon the Work by the Board, or as prescribed by law, the completion of construction, if the actual quantities show amount deducted from the final estimate and retained by . either an increase or decrease from the quantities given in the Agency will be paid to the Contractor except such the Bid schedule, the Contract Unit Prices will prevail amounts as are required by law to be withheld by properly subject to the provisions of Section 3. executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained_ The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant 9-3.1.1 Final Pay Items. work, including furnishing all materials, labor, equipment, When an item of work is designated as (F) or (S-F) in the tools,and incidentals. Engineer's Estimate,the estimated quantity for that item of Payment will not be made for materials wasted or disposed work shall be the final pay quantity, unless the dimensions of in a manner not called for under the Contract. This of any portion of that item are revised by the Engineer, or includes rejected material not unloaded from vehicles, the item or any portion of the item is eliminated. If the material rejected after it has been placed, and material dimensions of any portion of the item are revised, and the placed outside of the Plan lines. No compensation will be revisions result in an increase or decrease in the estimated allowed for disposing of rejected or excess material. quantity of that item of work,the final pay quantity for the item will be revised in the amount represented by the Payment for work performed or materials furnished under changes in the dimensions, except as otherwise provided an Assessment Act Contract will be made as provided in for minor structures in Section 51-1.22, "Measurement."of particular proceedings or legislative act under which such Caltrans Standard Specification. if a final pay item is contract was awarded. eliminated, the estimated quantity for the item will be eliminated. if a portion of a final pay item is eliminated, Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall the final pay quantity will be revised in the amount be charged against the Contractor, and may be deducted represented by the eliminated portion of the item of work from any amount due or becoming due from the Agency. The estimated quantity for each item of work designated as Whenever immediate action is required to prevent injury, (F) or(S-F) in the Engineer's Estimate shall be considered death, or property damage, and precautions which are the approximate only, and no guarantee is made that the Contractor's responsibility have not been taken and are not quantity which can be determined by computations, based reasonablyex ected to be take the Agencymay after on the details and dimensions shown on the plans, will pequal the estimated quantity.No allowance will be made in reasonable attempt to notify the Contractor, cause such the event that the quantity based on computations does not precautions to be taken and shall charge the cost thereof equal the estimated quantity. against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency In case of discrepancy between the quantity shown in the action or inaction under such circumstances shall not be Engineer's Estimate for a final pay item and the quantity construed as relieving the Contractor or its Surety from or summation of quantities for the same item shown on the liability. plans, payment will be based on the quantity shown in the Payment shall not relieve the Contractor from its Engineer's Estimate. obligations under the Contract; nor shall such payment be 9-3.1.2 Scope of Payment construed to be acceptance of any of the Work. Payment The Contractor shall accept the compensation provided in shall not be construed as the transfer of ownership of any the contract as full payment for furnishing all labor, equipment or materials to the Agency. Responsibility of materials, tools, equipment, and incidentals necessary to ownership shall remain with the Contractor who shall be the completed work and for performing all work obligated to store any fully or partially completed work or contemplated and embraced under the contract; also for structure for whichent ehas been made; or replace any loss or damage arising from the nature of the work, or materials or equipment required to be provided under the from the action of eltheements,lements, or from any unforeseen Contract which may be damaged, lost, stolen or otherwise difficulties which mayel be encountered during the degraded in any way prior to acceptance of the Work, prosecution of the work until the acceptance by the except as provided in 6-10. Director and for all risks of every description connected Guarantee periods shall not be affected by any payment, with the prosecution of the work, also for all expenses but shall commence on the date equipment or material is incurred in consequence of the suspension or placed into service at the direction of the Agency. In the discontinuance of the work as provided in the contract; and event such items are not placed into service prior to partial for completing the work according to the plans and or final acceptance of the project,the guarantee period will specifications. Neither the payment of any estimate nor of commence on the date of such acceptance. any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. If, within the time fixed by law, a properly executed notice to stop payment is fried with the Agency, due to the Book III: Genr al Provisions-44 ,, co MEASUREMENT AND PAYMENT SECTION 9 weigh sheets. A representative of the Department may, at the Engineer; or material remaining on hand after the discretion of the Engineer, be present to witness the completion of the work; will not be paid for and those weighing and to check and compile the daily record of the quantities will be deducted from the final total quantities. scale weights. No compensation will be allowed for hauling and When required by the Engineer, the operator of each disposing of rejected material. vehicle weighed shall obtain a weight or load slip from the Measurement by Mass. weigher and deliver that slip to the Engineer at the point of The mass of all aggregate or otherdmaterial which delivery of the material. roadway is to be paid for on a mass basis, except imported borrow, Material Shipped by Rail. imported topsoil, straw, fiber, aggregate subbases, If material is shipped by rail,the car mass will be accepted aggregate bases or aggregate for cement treated bases, will provided that is acipl mass of material only will paid or be determined by deducting from the mass of material, the' mass of water in the material at the time of weighing in and riot minimum car mass used for assessing freight tariff, excess of 3 percent of the dry mass of the material. When and provided further that car mass will not be acceptable imported borrow. imported topsoil, or aggregate subbase is for material to be passed through mixing plants. being paid for on a mass basis,the mass to be paid for will be determined by deducting from the mass of the Paid by Mass. - material, VehiclesVehicle used to haul material being paid for by mass shall the mass of water in the material at the time of weighing in be weighed empty ly and at additionol times as the excess of 6 percent of the dry mass of the material. When Engineer may direct. Each vehicle shall bear a plainly straw is being paid for on a mass basis,the mass to be paid legible identification mark. vehicles may from time to for will be determined by deducting from the mass of time be required by the Engineer to have the mass of the straw, the mass of water in the straw at the time of material to be paid for verified by weighing the empty and weighing in excess of i percent of the mass mass of the loaded vehicle on such other scales as the Engineer may straw. Vvhen fiber is being paid for on a basis, the tate. mass of water in the fiber at the time of weighing shall not desiexceed 15 percent of the dry mass of the fiber. No "Measured in Vehicle." deduction will be made for the mass of water in fiber. The percentage of waterin the material shall be determined by All materials which are specified for measurement by the cubic meter "measured in the vehicle" shall be hauled in California Test 226. The mass of aggregate base and vehicles of such type and size that the actual contents may aggregate for cement treated bases which are to be paid for be readily and accurately determined. Unless all vehicles on a mass basis, will be determined as provided in Section are of uniform capacity, each vehicle must bear a plainly 26, A�gre_ate Bases," and Section 27, "Cement Treated Bases,- legible identification mark indicating its water level respectively of Caltrans Standard Specifications. capacity.All vehicles shall be loaded to at least their water The mass of water deducted as provided in this Section 9-1 'level capacity and all loads shall be leveled when the will not be paid for. vehicles arrive at the point of delivery. Loads hauled in vehicles not meeting the above requirements or loads of a Compensation. • quantity less than the capacity of the vehicle, measured Full compensation for all expense involved in conforming after being leveled off as above provided,will be subject to to the requirements specified in this Section 9-1 shall be rejection, and no compensation will be allowed for that considered as included in the unit prices paid for the material. materials being measured or weighed and no additional compensation will be allowed therefor. Volume Measurement. When material is to be measured and paid for on a volume 9-2 Lump Sum Work. basis and it is impractical to determine the volume by the Items for which quantities are indicated "Lump Sum", specified method of measurement or when requested by "L.S.", or"Job'', shall be paid for at the price indicated in the Contractor in writing and approved by the Engineer in the Bid. Such payment shall be full compensation for the writing, the material will be weighed in accordance with items of work and all work appurtenant thereto. the requirements specified for mass measurement and the mass will be converted to volume measurement for When required by the Specifications or requested by the payment purposes. Factors for conversion from mass Engineer, the Contractor shall submit to the Engineer measurement to volume measurement will be determined within 7 days after award of Contract, a detailed schedule by the Engineer and shall be agreed to by the Contractor in triplicate, to he used only as a basis for determining before that method of measurement of pay quantities will progress payments on a lump sum contract or designated be adopted_ lump sum bid item This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed Materials Wasted. as to satisfy the Engineer that it correctly represents a Quantities of material wasted or disposed of in a manner reasonable apportionment of the lump sum. not called for under the contract; or rejected loads of 9-3 Payment material, including material rejected after it has been y placed by reason of the failure of the Contractor to 9.3.1 General. conform to the provisions of the contract; or material not The Cost of all work as described in these contract unloaded from the transposing vehicle; or material placed documents shall be included in contract unit prices bid for outside of the lines indicated on the plans or established by Book Ill.General Provisions-43