CONTRACT DOCUMENTS & SPECIFICATIONS

Transcription

1 CITY OF EAST PALO ALTO CALIFORNIA CONTRACT DOCUMENTS & SPECIFICATIONS FOR THE CONSTRUCTION OF WATER MAINS REPLACEMENT PROJECT 2015 FOR USE WITH THE LATEST EDITION OF THE STANDARD SPECIFICATIONS & STANDARD PLANS OF THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND THE LABOR SURCHARGE AND EQUIPMENT RENTAL RATES IN EFFECT ON THE DATE THE WORK IS PERFORMED. BID OPENING DATE: April 30th, 2015 at 2:00 PM City Contract No. CIP-WD-04 1

2 THIS PAGE INTENTIONALLY BLANK 2

3 TABLE OF CONTENTS Page No. NOTICE TO CONTRACTORS... 4, 5 SPECIAL PROVISIONS SECTION 1: SPECIFICATIONS AND PLANS... 6, 7 SECTION 2: PROPOSAL REQUIREMENTS & CONDITIONS GENERAL FEDERAL LOBBYING RESTRICTIONS INSTRUCTIONS TO BIDDERS SECTION 3: AWARD AND EXECUTION OF CONTRACT OPENING OF BIDS AWARD OR REJECTION OF BIDS EXECUTION OF CONTRACT FAILURE TO EXECUTE CONTRACT CONTRACT BONDS RETURN OF PROPOSAL GUARANTEES SECTION 4: BEGINNING OF WORK, TIME OF COMPLETION, & LIQUIDATED DAMAGES ASSIGNMENT OF CONTRACT PRECONSTRUCTION CONFERENCE LIQUIDATED DAMAGES... 12, MEASUREMENTS CONTRACTOR S SCHEDULE OF WORK PROSECUTION AND COMPLETION OF WORK FEDERAL HINDRANCE... 13, SUSPENSION OF CONTRACT... 14, SAFETY MEASURES PROJECT APPEARANCE AIR POLLUTION CONTROL WATER POLLUTION CONTROL SOUND CONTROL SECTION 5: GENERAL CONDITIONS LABOR NONDISCRIMINATION PREVAILING WAGE BUY AMERICA REQUIREMENTS REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES SUBCONTRACTING... 16, PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS PAYMENTS CONTRACTOR S BONDS... 17, CONTRACTOR S FINANCIAL OBLIGATIONS INSURANCE... 18, COMPLIANCE WITH LAWS APPRENTICESHIP STANDARDS DISCRIMINATION PATENTS SUBCONTRACTORS PLANS, SPECIFICATIONS, AND WORK... 20, CHANGES AND EXTRA WORK CHARACTER OF WORKMEN EIGHT-HOUR DAY

4 REPORTS RIGHT OF WAY CARE AND CUSTODY OF WORK ACCIDENT PREVENTION BARRICADES, SAFETY MEASURES, & DETOURS PRESERVATION OF MONUMENTS DATUM PLANE AND MEASUREMENT INSPECTION DEFECTIVE WORK-NOTICE TO CONTRACTOR... 24, EXISTING UTILITIES, IMPROVEMENTS AND OBSTRUCTIONS LOSS OR DAMAGE... 25, CLEANING UP GUARANTEE ACCEPTANCE AND PAYMENT TESTING AND MATERIALS TRENCHES AND EXCAVATIONS... 26, INTERPRETATION OF PLANS AND SPECIFICATIONS STORMWATER POLLUTION CONTROL QUANTITY UNITS, PAYMENTS, AND MEASUREMENT PERMITS AND LICENSES OBSTRUCTIONS AND COOPERATION HOURS OF CONSTRUCTION PAYMENTS WITHHELD... 27, STOP NOTICES AS-BUILT PLANS WORKING DAYS PERIODIC PAYMENTS CONTRACT DOCUMENTS... 28, 29 SECTION 6: (BLANK) SECTION 7: (BLANK) SECTION 8: MATERIALS SECTION 9: DESCRIPTION OF WORK SECTION 10: TECHNICAL SPECIFICATIONS MISCELLANEOUS LINES AND GRADES TEMPORARY UTILITIES SALVAGING AND STORAGE OF EQUIPMENT AND MATERIALS CONTRACTOR STORAGE AREAS NON-STORMWATER DISCHARGES CONSTRUCTION AREA TRAFFIC CONTROL DEVICES CONSTRUCTION AREA SIGNS MAINTAINING TRAFFIC CLOSURE REQUIREMENTS AND CONDITIONS TRAFFIC CONTROL SYSTEM DUST CONTROL OBSTRUCTIONS DEMOLITION EARTHWORK WATERING AGGREGATE BASE LOW PRESSURE DOMESTIC WATER QUALITY ASSURANCE SUBMITTALS CONSTRUCTION SCHEDULING/SEQUENCING

5 PIPING MATERIALS AND INSTALLATION PIPE COUPLINGS AND FITTINGS VALVES AND ACCESSORIES SERVICE CONNECTIONS APPURTENANCES FIELD QUALITY CONTROL CLEANING FIELD TESTING DISINFECTION OF POTABLE WATER SYSTEMS ABANDONMENT CONCRETE PORTLAND CEMENT CONCRETE SUBGRADE PREPARATION FORM CONSTRUCTION EXPANSION JOINTS PLACEMENT, FINISHING AND CURING PROTECTION ASPHALT CONCRETE PAVING ASPHALT CONCRETE FINISHING ROADWAY QUALITY ASSURANCE SUBMITTALS SUBGRADE PREPARATION PAVING SECTION 11: (BLANK) SECTION 12: (BLANK) SECTION 13: (RELATIONS WITH RAILROADS, NOT USED) PROPOSAL BID SCHEDULE BIDDER INFORMATION SHEET LIST OF SUBCONTRACTORS EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION PUBLIC CONTRACT CODE (Statements, Questionnaire and Non-collusion Affidavit) NONCOLLUSION AFFIDAVIT DEBARMENT AND SUSPENSION CERTIFICATION BIDDER S BOND GUARANTY BIDDER S FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND EXPERIENCE CERTIFICATE OF COMPLIANCE WITH LAWS PROHIBITING DISCRIMINATION

6 CONTRACT FAITHFUL PERFORMANCE BOND LABOR AND MATERIALS BOND PAYMENT BOND CERTIFICATE OF INSURANCE CERTIFICATE RELATING TO WORKER S COMPENSATION INSURANCE CERTIFICATE OF WORKER S COMPENSATION INSURANCE CERTIFICATE OF STATE CONTRACTOR S LICENSE APPRENTICESHIP STANDARDS

7 CITY OF EAST PALO ALTO, CALIFORNIA COMMUNITY DEVELOPMENT DEPARTMENT / ENGINEERING DIVISION NOTICE TO CONTRACTORS To: ALL INTERESTED CONTRACTORS RE: WATER MAINS REPLACEMENT PROJECT 2015 Contract No. CIP-WD-04 The City of East Palo Alto is soliciting bids for the above-named project. The work will generally consist of the following: Installation of new water mains, service laterals, valves, reducers, fittings and all other improvements on various City streets as indicated on the contract plans entitled Water Main Replacement Project dated January 20, Sealed bids and sealed proposals will be received at the office of the City Clerk of the City of East Palo Alto, 2415 University Avenue, East Palo Alto, CA 94303, until 2:00 PM on Thursday, April 30th, 2015 at which time they will be publicly opened and read. The contractor shall possess a Class A license at the time this contract is awarded. This contract is subject to State contract nondiscrimination and compliance requirements pursuant to Government Code, Section Plans and specifications may be obtained for electronic download from the City website, The successful bidder shall furnish a Faithful Performance Bond, a Labor and Materials bond, and a Payment Bond. The City of East Palo Alto hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of East Palo Alto address and available from the California Department of Industrial Relations Internet web site at The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled " Contract Documents and Specifications," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Contract Documents and Specifications" books. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. 7

8 Attention is directed to the Federal minimum wage rate requirements in the books entitled "Contract Documents and Specifications." If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. DATE: CITY OF EAST PALO ALTO 4/6/2015 Kamal Fallaha Kamal Fallaha, P.E. City Engineer 8

9 CITY OF EAST PALO ALTO, CALIFORNIA COMMUNITY DEVELOPMENT DEPARTMENT / ENGINEERING DIVISION WATER MAINS REPLACEMENT PROJECT 2015 SPECIAL PROVISIONS Annexed to Contract No. CIP-WD-04 SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with the latest edition of the Standard Specifications and the Standard Plans of the California Department of Transportation, San Mateo County Public Works and East Palo Alto insofar as the same may apply and these special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of the conflicting portions. Amendments to the Standard Specifications set forth in these special provisions shall be considered as part of the Standard Specifications for the purposes set forth in Section , "Coordination and Interpretation of Plans, Standard Specifications and Special Provisions," of the Standard Specifications. Whenever either the term "Standard Specifications is amended" or the term "Standard Specifications are amended" is used in the special provisions, the indented text or table following the term shall be considered an amendment to the Standard Specifications. In case of conflict between such amendments and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions. Definitions and Terms: As used herein, unless the context otherwise requires, the following terms have the following meanings: City - the City of East Palo Alto, a municipal corporation of the State of California. Contractor - is the person, firm, or corporation with whom the contract is made with the City. Contract and Contract Documents - everything contained in the bound volume and any and all other written instruments and drawings of every kind and nature attached to or made a part hereof, by reference or by operation of law; such as, but not limited to, Notice Inviting Bids, Instructions to Bidders, Proposal, Bonds, Specifications, General Conditions, Special Conditions, Drawings, and the Agreement, which is prepared for execution by the City and the Contractor, and which is itself a part of the Contract Documents as above defined, and which by this reference and by reference made in such form of agreement includes all other "Contract Documents" the same as though they were set out in full therein, also, any and all supplemental written agreements, orders, or addenda amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. Department of Transportation State of California, Department of Transportation. Engineer - The City Engineer of the City of East Palo Alto, State of California, acting directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. 9

10 Laboratory - The established laboratory of the Materials and Research Department of the Department of Transportation of the State of California or laboratories authorized by the Engineer to test materials and work involved in the contract. Standard Specifications - The latest edition of the Standard Specifications of the State of California, Business, Transportation and Housing Agency, Department of Transportation. Any reference therein to the State of California or a State agency, office, or officer shall be interpreted to refer to the City or its corresponding agency, office, or officer acting under this contract. Work or Project - everything required to be furnished or performed under the contract documents as above defined. 10

11 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS GENERAL: The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. In addition to the subcontractors required to be listed in conformance with Section , "Required Listing of Proposed Subcontractors," of the Standard Specifications, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section , "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance FEDERAL LOBBYING RESTRICTIONS: Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub-recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, Disclosure of Lobbying Activities, with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action INSTRUCTIONS TO BIDDERS: A Examination of Plans, Specifications & Site of Work: The bidder is required to examine carefully the site of the work, the proposed plans and specifications. He shall satisfy himself as to the character, quality and quantities of work to be performed, materials to be furnished, and as to the requirements of these specifications and special conditions. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all of the conditions shown thereon are actually existent nor shall the City or any of its officers be liable for any loss sustained by the Contractor as a result of any variance between conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise. The submission of this proposal shall be prima facie evidence that the bidder has made such an examination. 11

12 Any information shown on the plans as to the soil or material or tests of existing materials, is for the purpose of design and preparation of bid proposal. The information is not guaranteed, and no claims for extra work or damages will be considered if it is found during construction that the actual soil or material conditions vary from those indicated B Approximate Estimate: The quantities given in the proposal and contract are approximate only, being given as a basis for the comparison of bids. The Public Works-Engineering Division does not, expressly or by implication, warrant that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary and advisable by the City Engineer C Interpretation of Drawings & Documents: If any bidder should find discrepancies in, or omissions from, the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification, or interpretation of the point or points in question. The person submitting such request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request, and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum D Addenda: The effect of all addenda to the contract documents shall be considered in the bid, and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall-inform himself as to whether or not any addenda have been issued, and failure to cover in his bid any such addenda issued, may render his bid incomplete and result in its rejection E Bidders Interested In More Than One Bid: No person, firm or corporation shall be allowed to make, file or to be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders or from submitting a bid in his own behalf F Withdrawal of Proposal: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids and only by written request to the City Engineer. The request shall be executed by the bidder or his duly authorized representative G Public Opening Of Proposal: Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors". Bidders or their authorized agents are invited to be present H Relief Of Bidders: Attention is directed to the provisions of Public Contract Code Sections to 10205, inclusive (State Contract Act), concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the City of East Palo Alto written notice, within five (5) days after the opening of the bids, of the alleged mistake, specifying in the notice in detail how the mistake occurred I Disqualification Of Bidders: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices are obviously unbalanced may be rejected J Previous Disqualification, Removal Or Other Prevention Of Bidding: A bid may be rejected on the basis of a bidder, any of such bidder, or any employee of such bidder who has a proprietary interest in such a bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation K Proposals: Bids to receive consideration shall be made in accordance with the following instructions: a) Bids shall be made only upon the forms attached to and forming a part of the specifications; all bid items shall be properly filled out. 12

13 b) All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and correction typed or written in with ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid. c) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered unless called for. No oral, telegraphic, or telephonic proposals or modifications will be considered. d) The City may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references, properly and fully filled out. e) Each bidder shall list his proposed subcontractors on the form accompanying the proposal, in accordance with the provisions of the specifications. f) Each bidder must accompany his bid with either a cashier's check drawn upon some responsible bank, or a check drawn upon such bank properly certified, or an approved corporate surety bond payable to the City of East Palo Alto for a sum not less than ten (10%) percent of the total sum of bid, which check or bond, and monies represented thereby, shall be held by the City as guarantee that the bidder, if awarded the contract, will in good faith enter into a contract and furnish the required bonds. The bidder agrees that in case of his refusal or failure to execute said contract and give said bonds within the time required by these documents, such check and bond and the money represented thereby shall remain the property of the City, and if the bidder shall fail to execute said contract, said surety will pay to the City the damages which the City may suffer by reason of such failure, not exceeding the sum of ten (10%) percent of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond, may be rejected. g) Bids shall be delivered to the City office specified in the "Notice Inviting Bids" on or before the day and hour set for the opening of bids. Bids shall be enclosed in a sealed envelope and shall bear the title of the work and name of the bidder. h) Bids may be withdrawn by the bidder prior to but not after the time fixed for opening of bids. 13

14 SECTION 3. AWARD AND EXECUTION OF CONTRACT The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed OPENING OF BIDS: Bids will be opened and read at the time and place set in the Notice Inviting Bids in the City Clerk's Office at 2415 University Avenue, East Palo Alto, California Bidders or their representatives and other interested persons, are invited to be present at the opening of bids AWARD OR REJECTION OF BIDS: The contract may be awarded to the lowest responsible and responsive bidder whose proposal complies with these and all other contract documents. The City reserves the right to review bids for a period of time not to exceed thirty-five (35) calendar days after sealed bids have been opened, before formally awarding contract or rejecting bids. The City also reserves the right to reject any or all bids, and to waive any informality or technicality in bids received and any requirement of these specifications as to bidding procedure EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City of East Palo Alto and furnish good and approved bonds specified by the City within ten (10) days after submission or mailing to him of a form of contract for execution, unless an extension of time is granted to the bidder in writing. The contract shall be made in the form adopted by the City. If the bidder to whom the award is made fails to enter into the contract as herein provided, award may be annulled, and an award may be made to the lowest responsible bidder and such bidder shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so FAILURE TO EXECUTE CONTRACT: Failure of the lowest responsible bidder, the second lowest responsible bidder, or the third lowest responsible bidder to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays and legal holidays, after such bidder has received notice that the contract has been awarded to him shall be just cause for the forfeiture of the proposal guarantee. The successful bidder may file with the Department of Public Works a written notice, signed by the bidder or his authorized representative, specifying that the bidder will refuse to execute the contract if presented to him. The filing of such notice shall have the same force and effect as the failure of the bidder to execute the contract and furnish acceptable bonds within the time hereinbefore prescribed CONTRACT BONDS: The successful bidder, simultaneously with the execution of the agreement, shall furnish a labor and materials bond, faithful performance bond, and payment bond, each in an amount equal to one hundred (100%) percent of the contract price, plus any increases authorized by the City, as hereinafter more particularly specified. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California RETURN OF PROPOSAL GUARANTEES: Within ten (10) days after the award of the contract to the lowest responsible bidder, the Department of Public Works will return the proposal guarantees, other than bidders' bonds, accompanying such of the proposals as are not to be further considered in making the award. Retained proposal guarantees will be held until the contract has been finally executed, after which all proposal guarantees, except bidders' bonds and any guarantees which have been forfeited, will be returned to the respective bidders whose proposals they accompany. 14

15 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES Attention is directed to the provisions in Section "Beginning of Work, in Section "Time of Completion, and in Section "Liquidated Damages of the Standard Specifications and these special provisions. The Contractor shall begin work within 10 calendar days after the date of the Notice to Proceed, and shall diligently prosecute said work to completion before the expiration of: 60 Working Days from the date a Notice-to-proceed is issued to the Contractor by the City. All construction work adjacent to school sites must be completed during summer while schools are in recess and before the commencement of a new school year ASSIGNMENT OF CONTRACT: No assignment by the Contractor of the contract shall be made for any purpose without the consent of the City and the sureties; provided, however, that the Contractor may make an assignment of any sums of money due or to become due under this contract as collateral for financial purposes in connection with the contract. Any such assignment shall contain a clause in the instrument of assignment to the effect that it is agreed that the funds to be paid the assignee under the assignment are subject to all liens or claims of any kind whatsoever authorized by law, whether prior or subsequent, for services rendered or materials supplied for the performance of the work called for in the contract in favor of all persons, firms, or corporations rendering such services or supplying such materials PRECONSTRUCTION CONFERENCE: Prior to the issuance of the Notice to Proceed, a preconstruction conference will be held at the office of the City Engineer for the purpose of discussing with the Contractor the scope of work, Contract Drawings, Specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor's representatives at this conference shall include all major superintendents for the work and may include major subcontractors LIQUIDATED DAMAGES: It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the special provisions, damage will be sustained by the City of East Palo Alto, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of East Palo Alto the sum of $1,000 per day for each and every calendar day delay in finishing the work in excess of the number of working days prescribed; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of working days specified, the City Engineer shall have the right to increase the number of working days or not, as he may deem best to serve the interest of the City, and if he decides to increase said number of working days, City shall further have the right to charge to the Contractor, his heirs assigns, or sureties and to deduct from the final payment for the work all or any part, as he may deem proper, of the actual cost of engineering, inspection, superintendent, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the special provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor dispute, shortage of materials and freight, embargoes, provided that the Contractor shall notify the City Engineer in writing of the causes of delay within 5 days from the beginning of any such delay. The City Engineer shall ascertain the facts and the extent of the delay, and his findings thereon shall be final and conclusive MEASUREMENTS: Before ordering any materials or doing any work, the Contractor shall verify all measurements, dimensions, elevations and quantities. No extra charge or compensation over and above payment for the actual quantities of the various items of work at the respective bid prices therefor will be allowed on account of difference between actual 15

16 measurements, dimensions, elevations and quantities, and those indicated on the drawings, and in the specifications, and difference thereto shall be submitted to the Engineer for consideration before proceeding with the work. The quantities noted in the schedules of the proposal are estimates for comparing bids only CONTRACTOR'S SCHEDULE OF WORK: When required by the Engineer, and before beginning work on the site, the Contractor shall submit to the Engineer his proposed schedule of work under the contract. This schedule shall show the probable dates of commencement and completion of the various sections and features of the work; the starting point or points, and the direction in which the work will progress. Construction shall conform to this schedule or such modification as may be approved by the Engineer in writing. Where the Contractor is to furnish major items or equipment or materials, the schedule shall include the proposed dates of manufacture and shipment of these items, and the names and locations of factories or other sources from which said items are to be obtained. When required by the Engineer, the Contractor shall submit a breakdown of costs to be used for preparing periodic estimates which breakdown must meet with the approval of the Engineer PROSECUTION AND COMPLETION OF WORK: The Contractor shall at all times during the continuance of the contract, prosecute the work with such forces and equipment as in the opinion of the Engineer, are sufficient to complete the different portions of the work in the order required and within the specified time and to secure a satisfactory quality of work. In the event any delay is caused the Contractor by strikes or other causes beyond his control, or by specific orders of the Engineer to stop work, or by performance of changes or extra work ordered by the Engineer, or by failure of the City to provide material when and if provided for in the specifications, or necessary rights of way or site for installation, such delay shall be cause for the granting of an extension of time for a period equivalent to the delay. To obtain extension of time the Contractor shall, prior to the expiration of the contract period as established in the contract or as subsequently extended, make written application therefor to the Engineer, stating the cause of the delay. Upon the recommendation of the Engineer, and the approval of the City Manager, the Council shall, if it finds the delay to have been of the nature described above, grant by resolution such extension of time as may be equitable under the circumstances. No extension of time shall relieve the sureties of any obligations under their bonds FEDERAL HINDRANCE: In entering into this contract, it is clearly understood by both parties hereto that conditions subsequently may rise resulting from, connected with, or growing out of any war, in which the United States may be engaged, or any national emergency or conditions created directly or indirectly by or for national defense, and which are entirely beyond the control of either party, in accordance with its terms and conditions. It is therefore mutually understood and agreed, nothing herein contained to the contrary notwithstanding, that in the event the Contractor shall be prevented from performing the contract or any part thereof by reason of the conditions above stated, the following procedure shall govern. The Contractor shall in writing, notify the City of his inability to perform, stating in full the reasons therefor and the probable duration of such inability, if required; he shall also submit proof or evidence in support of his claim of inability to perform. If it shall appear to the satisfaction of the City Council that the cause of inability to perform arose after the contract was entered into and is beyond the control of the Contractor, the City, pursuant to resolution of the City Council may: (a) (b) (c) If lawfully within its power, remove the cause which prevents performance; or Suspend this contract until the cause of inability to perform is removed; or With the consent of the Contractor, renegotiate or amend this contract by extending the time of performance or by making changes in the character of the work, or in the materials or equipment required in order to enable performance of the contract; or 16

17 (d) Waive performance of that part of the contract which is impossible, or supply substitute materials for those unavailable. Where this remedy is resorted to, the payment due the Contractor shall be diminished to the extent of the work not required to be performed or materials not required to be supplied, based so far as practicable upon unit prices bid. If none of the foregoing procedures are adopted by resolution of the City Council within thirty (30) days after the City is satisfied and so finds that the Contractor is unable to perform for the reasons above stated, then either party hereto may, without incurring any liability, elect to declare this contract terminated upon the ground of impossibility of performance. Upon such termination, the Contractor shall be entitled to proportionate compensation at the contract rate for such portion of the contract as may have been performed SUSPENSION OF CONTRACT: If the Contractor fails to begin the delivery of the material, or to commence work as provided in the contract, or fails to make delivery of material promptly as ordered, or to maintain the rate of delivery of material or progress of the work in such manner as in the opinion of the Engineer will insure full compliance with the contract within the time limit, or if in the opinion of the Engineer, the Contractor is not carrying out the provisions of the contract in their true intent and meaning, a written notice will be served on him to provide within a specified time for a satisfactory compliance with the contract, and if he neglects or refuses to comply with such notice, the Engineer may with the written consent of the City Manager and consent of the City Council evidenced by resolution, suspend the operation of all or any part of the contract, or the Engineer may in his discretion after such notice, at the expense and for the account of the Contractor, perform any part of the work, or purchase any or all of the materials included in the contract or required for the completion thereof, without suspending the contract. Upon suspension of the contract by the Engineer, he may, at his discretion take possession of all or any part of the machinery, tools, appliances, materials and supplies used in the work covered by the contract or that have been delivered by or on account of the Contractor for the use in connection therewith, and the same may be used either directly by the City or by other parties for it, in the completion of the work suspended; or the City may employ other parties to perform the work or may substitute other machinery or material or purchase the materials contracted for in such manner as it may deem proper or hire such force and buy such machinery, tools, appliances, materials and supplies at the Contractor's expense as may be necessary for the proper conduct and completion of the work. Any cost to the City in excess of the contract price arising from the suspension of the contract, or from work performed or purchases made by the City either before or after suspension, and required on account of the failure of the Contractor to comply with his contract or other orders of the Engineer issued in pursuance thereof will be charged to the Contractor and his sureties, who shall be liable therefor. A special lien to secure the claims of the City in the event of suspension of the contract is hereby created against any property of the Contractor taken into the possession of the City under the terms hereof, and such lien may be enforced by a sale of such property under the direction of the Council, and the proceeds of the sale, after deducting all expenses thereof, and connected therewith, shall be entitled to the Contractor. If the net credits shall be in excess of the claims of the City against the Contractor, the balance will be paid to the Contractor or his legal representatives. If, in the opinion of the Engineer, an emergency exists for the furnishing of certain material or the performance of certain work in order to insure compliance with the terms of the contract and if the Contractor fails to furnish such material or to perform such work within a reasonable time fixed by written notice from the Engineer to the Contractor, then the Engineer shall have the power lo furnish such material or to perform such work at the expense of the Contractor and his sureties who shall be liable therefor. In the determination of a question whether there has been such noncompliance with the contract as to warrant its suspension or the furnishing of material or the performance of work by the City as herein provided, the decision of the Engineer, when approved by the City Manager and by the Council evidenced by resolution, shall be final and binding upon both parties. Suspension of the contract or any part thereof, shall operate only to terminate the right of the Contractor to proceed with the work covered by the contract or the suspended portions thereof. The provisions of the contract permitting the City to make changes and to make proper adjustment of accounts to cover any increase or decrease of cost on account of such changes, and other stipulations of the contract except those giving the Contractor the right to proceed with work on the items covered by the suspension shall be and remain in full force and effect after such suspension and until the contract shall have been completed and final payment or final adjustment of account made. The Contractor shall not make any disposition of the plant, machinery, tools, appliance, supplies or material used on or in connection with the work, either by sale, conveyance or encumbrance, inconsistent with the special lien of the City expressly created by this contract. 17

18 SAFETY MEASURES: The Contractor shall provide for the protection of persons and property as specified in Section Public Safety" of the Standard Specifications. Attention is called to the "Construction Safety Orders," "Trench Construction Safety Orders," and "General Safety Order" of the California State Department of Industrial Safety. The Contractor shall provide himself with copies of these rules and orders, which may be obtained at the State Office, San Francisco, California. In the event the Contractor fails to observe any safety provisions of these specifications, the Engineer shall order necessary work done by City forces or others, and all such necessary work shall be done at the expense of the Contractor PROJECT APPEARANCE: The Contractor shall maintain a neat appearance to the work. Full compensation for conforming to the provision in this section, not otherwise provided for, shall be considered as included in prices paid for the various Contract items of work involved and no additional compensation will be allowed therefor AIR POLLUTION CONTROL: Air pollution control shall conform to the provisions of Section F, "Air Pollution Control," of the latest edition of the California Department of Transportation, Standard Specifications WATER POLLUTION CONTROL: Water pollution control shall conform to the provisions of Section G, Water Pollution," of the California Department of Transportation, Standard Specifications, May Acceptable Best Management Practices (BMP s) shall be implemented as part of the storm water pollution prevention program SOUND CONTROL: Sound control shall conform to the provisions in Section I, Sound Control Requirements," of the California Department of Transportation, Standard Specifications, May,

19 SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS LABOR NONDISCRIMINATION: Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section A (4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more PREVAILING WAGE: Attention is directed to Section A (2), "Prevailing Wage," of the Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the City of East Palo Alto, 1960 Tate Street, East Palo Alto, CA These wage rates are not included in the Proposal and Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the same location BUY AMERICA REQUIREMENTS: Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section , "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work REMOVAL OF ASBESTOS & HAZARDOUS SUBSTANCES: When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract SUBCONTRACTING: Attention is directed to the provisions in Section , "Subcontracting," and Section 2, Proposal Requirements and Conditions, and Section 3, Award and Execution of Contract, of the Standard Specifications and these special provisions. Pursuant to the provisions in Section of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: 19

20 The provisions in the third paragraph of Section , "Subcontracting," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price, is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original contract work with the Contractor's own organization. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions. This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS: A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency s prior written approval. Any violation of Section shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. Federal law (49CFR26.29) requires than any delay or postponement of payment over 30 day of receipt of each payment may take place only for good cause and with the agency s prior written approval. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-dbe prime contractors and subcontractors PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law 49CFR26.29 requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-dbe prime contractors and subcontractors. Paragraphs and of the Caltrans Standard Specification are not applicable to this project PAYMENTS: Attention is directed to Section , "Partial Payments," and , "Payment After Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work CONTRACTOR S BONDS: The Contractor shall furnish a Labor and Materials Bond in an amount not less than one hundred (100%) percent of estimated contract price, to be paid to the City of East Palo Alto conditioned upon the payments by said Contractor for all materials, services, supplies and transportation furnished in the performance of the work contracted to be done by the terms of said contract, and for any work or labor of any kind done thereon. The Contractor shall also furnish a Faithful Performance Bond in an amount not less than one hundred (100%) percent of the estimated contract price, to be paid to the City, conditioned upon the faithful performance by the Contractor of all covenants and stipulations in the contract. 20

21 The contractor shall furnish a Payment Bond in an amount not less than one hundred percent (100%) of estimated contract price, to be paid to the City of East Palo Alto conditioned upon the payments by said Contractor for payment of claims of laborers, mechanics, or materials employed in the performance of the work contracted to be done by the terms of said contract. In the event that Contractor fails to perform any obligation on its part to be performed hereunder, Contractor agrees to pay all costs and expenses incurred by City in security performance of such obligation and if suit be brought by City to enforce this agreement, Contractor agrees to pay costs of suit and reasonable attorney's fees to be fixed by the Court. If, during the continuance of the contract, any of the sureties, in the opinion of the City Council evidenced by resolution, are or become irresponsible, the City Council may require additional sufficient sureties, which the Contractor shall furnish to the satisfaction of said Council, within ten (10) days after notice, and in default thereof, the contract may be suspended by the City Council evidenced by resolution, and the materials may be purchased or the work completed as elsewhere provided in these specifications CONTRACTOR'S FINANCIAL OBLIGATIONS: The Contractor shall make prompt payments for all labor, materials, and services furnished to or for him in accordance with the contract requirements INSURANCE: No work shall be done under this contract unless there is in effect insurance required under this section, (and as may be set forth in the Special Conditions), and such insurance has been approved by the City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been so obtained and approved. The Contractor shall maintain or cause to be maintained adequate Workers' Compensation Insurance as required under the laws of the State of California, for all labor employed by him or by any subcontractor under him who may come within the protection of such Workers' Compensation Laws of the State of California and shall provide or cause to be provided Employer's General Liability Insurance for the benefit of his employees and the employees of any subcontractor under him not protected by such compensation laws. The Contractor shall take out and shall furnish satisfactory proof, by certificate or otherwise as may be required, that he has taken out public liability and property damage insurance with insurance carriers satisfactory to the City, and in such form as shall be satisfactory to the City to protect said Contractor and said City as an additional insured against loss from liability imposed by law from damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protest said Contractor and said City as an additional insured against loss from liability imposed by law for damage to any property caused directly or indirectly by the performance or execution of this contract or any subcontract thereunder, which insurance shall also cover accidents arising out of the use and operation of automobiles and trucks. Said policy shall include, but not be limited to, coverage for the omissions and supervisory acts of City, its officers, employees, and Consultants. Said policy shall also provide that the coverage afforded thereby to City, its officers and employees, is primary coverage to the full limit of liability stated in the Declaration, and if the City, its officers or employees have other insurance against loss covered by said policy, said other insurance shall be excess insurance only, and that City, its officers and employees are not precluded from claims thereunder against other insured parties. All said public liability and property damage insurance shall be maintained by the Contractor in full force and effect during the entire period by performance under this contract, (unless otherwise set forth in the Special Conditions), the amounts of coverage of said insurance shall not be less than the following: a. Worker s Compensation Statutory minimum; b. Employer s Liability $1,000,000 per accident for bodily injury or disease; c. Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate for bodily injury, personal injury, and property damage; and d. Automobile Liability $2,000,000 per occurrence (coverage required to the extent applicable to Contractor s vehicle usage in performing work hereunder). 21

22 Said policies shall have a non-cancellation clause providing that thirty (30) days written notice shall be given the City prior to such cancellation. All such notices shall be delivered to the City Engineer of said City. Where the work includes a structure or structures subject to loss or damage by fire, the Contractor shall maintain or cause to be maintained fire insurance sufficient to protect against such loss or damage in full until the work is accepted by the City. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to persons or property resulting from his operations or operations of any subcontractor under him. Proof of all such insurance shall be given by filing certificates of such insurance with the City Engineer prior to signing of the contract by the City COMPLIANCE WITH LAWS: The Contractor shall conduct the work in compliance with all laws and regulations of the United States Government, the State of California, the County of San Mateo, and the City of East Palo Alto, limiting or controlling the work in any manner. The Contractor shall at his own expense obtain all necessary permits and licenses and pay all fees and taxes, required permits and licenses to construct works within the respective rights of way and properties of the United States Government, the State of California, and County of San Mateo, railroads and other public utilities, and the City will not charge any fees for building, electrical or plumbing permits issued by the City in connection with the work APPRENTICESHIP STANDARDS: Attention is directed to the provisions in Sections and of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section , as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certification, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any subcontractor under him shall comply with the requirements of Sections and in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards and its branch offices DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter PATENTS: The Contractor shall hold and save the City, its officers, agents, servants and employees harmless from liability of any nature or kind or any claim therefor, including costs and expenses for or on account of any patented invention, article, or appliance included in the material or supplies furnished under this contract, and should the Contractor, his agents, servants, employees, or any of them be enjoined from furnishing or using any invention, article, material, or appliance supplied 22

23 or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials, or appliances, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use any such invention, article, material or appliances may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount hereof from him and his sureties, notwithstanding final payment under this contract may have been made. The provisions of this paragraph don't apply to articles which the Contractor is required to manufacture or furnish in accordance with detail drawings furnished by the City included in this Contract. They shall apply, however, where such drawings and the specifications cover only the type of device without restriction as to details SUBCONTRACTORS: No subcontractor will be recognized as such by the City, and all persons engaged by the Contractor in work of furnishing labor, materials, and equipment or any one or more of them, will be considered as employees of the Contractor, except regarding insurance as provided elsewhere herein. The Contractor shall list in the sheet provided herein, the name, place of business and certification (MBE, WBE, DBE), if any, of each subcontractor who will perform work of labor, or render service to the Contractor in or about the construction of the work or improvement, in an amount in excess of one-half of one (.5%) percent of the Contractor's total bid, and shall also list the portion of the work which will be done by such subcontractor. If the Contractor fails to list a subcontractor for any portion of the work to be performed under the contract, in excess of one-half of one (.5%) percent of the Contractor's bid, then the Contractor shall perform that portion of the work himself. The Contractor shall not substitute any person or subcontractor in place of the sub-contractor designated in the original bid; nor shall be permit any such subcontract to be assigned or transferred or allow it to be performed by anyone other than the original sub-contractor listed in the bid; nor shall he sublet or subcontract any portion of the work in excess of one-half of one (.5%) percent of the Contractor's total bid which was not listed in the original bid, except as provided hereafter. The City may consent to the substitution of another subcontractor when, the subcontractor named in the bid, after having a reasonable opportunity to do so, fails or refuses to execute a written contract, based upon these contract documents and the terms of the named subcontractor's bid is presented to him by the Contractor. The City may permit subletting or subcontracting of any portion of the work in excess of one-half of one (.5%) percent to the Contractor's total bid when no subcontractor was designated in the original bid, in eases of public emergency or necessity, after a finding reduced to writing by the engineer, setting forth facts constituting the emergency or necessity and evidence by resolution of the Council. In general, it is the intention that not more than fifty (50%) percent of work shall be subcontracted. The listing of more than fifty (50%) percent may cause a rejection of the bid, if in the opinion of the City, such extensive subcontracting is undesirable. The subcontract shall contain a reference to the agreement between the City and the principal contractor and the terms of that agreement and all parts thereof shall be made a part of such sub-contract insofar as applicable to the work covered thereby. All work or material furnished by a subcontractor shall be guaranteed by the Contractor and the City will hold the Contractor responsible therefor PLANS, SPECIFICATIONS, AND WORK: The plans together with the specifications attached hereto, will govern the work to be done. Anything mentioned in these specifications and not shown on the plans and detail drawings or shown on the Plans and detail drawings and not mentioned in these specifications shall be of like effect as though shown or mentioned in both. In case of any conflict between Plans, General Conditions and Special Conditions, Special Conditions shall govern over Plans and General Conditions, and Plans shall govern over General Conditions. The Engineer may furnish from time to time such detail drawings, plans, profiles and information as he may consider necessary for the Contractor's guidance, unless otherwise provided in the proposal, agreement or detail specifications. In cases where the contract work or any portion thereof is to be performed in accordance with drawings, specifications, lists of data submitted by the Contractor and approved by the Engineer, such approved drawings, etc., shall become portions of the Plans and Specifications as 23

24 regards the specific matters to which such approval applies. The Contractor shall be solely responsible for the correctness of the measurements and other essential information submitted by him and for the correlation of the various portions and features of the work which are or may be affected by such measurements and information. Any change required by the Engineer in the drawings, etc. submitted for approval by the Contractor, shall be considered as necessary in order to comply with the requirements of the plans and specifications, and shall not be the basis of any claim for extra compensation over and above the bid price for the work, except where changes involving the extra work are expressly authorized and ordered in accordance with the section of these specifications relating to changes and extra work. A copy of the plans and specifications shall be kept upon the work at all times during its progress, and access thereto shall at all times be accorded the Engineer. The Contractor shall, for the price bid, furnish all supervision, labor, materials, transportation and equipment necessary to execute the work in every respect in a thorough, workmanlike manner in accordance with the plans, profiles and specifications, and to the satisfaction of the Engineer. All work shall, during its progress and until its completion, conform to the lines, elevations and grades shown on said plans and profiles CHANGES AND EXTRA WORK: The City reserves the right to require changes or extra work and the Contractor shall perform such changes or extra work upon written authorization and specifications as to the amount and method of compensation as hereafter provided. (a) What constitutes a "change" or "extra work": 1. A variation between estimated and actual quantities of work or material required to construct a project in accordance with the plans and specifications as they exist at the time the bids are opened, does not constitute a change or extra work; does not require additional authorization, and the said quantities shall be paid for at the unit or lump sum prices established in the bid. 2. A variation between definite quantities of work or material specified in the plans and specifications as they exist at the time bids are opened and upon which quantities or unit prices are bid and the quantities required under revised or modified plans and specifications is a change. 3. The furnishing of material or performance of work which unit prices have been bid on the basis of estimated quantities, but which materials or work is required to be done under revised or modified plans and specifications is a change. 4. Revisions or modifications of the plans and specifications such as, but not limited to, those affecting designs or materials, installation or construction, shapes, dimensions or locations or changes. 5. Supplying work or material for which no unit prices have been bid and which are not included in the plans and specifications as they exist at the time bids are opened but which are required under revised or modified plans and specifications is extra work. (b) (c) Contractor shall not be entitled to any additional compensation for change or extra work unless the same has been authorized in writing (hereafter referred to as "Change Order" or "Order for Extra Work") which describes the change or extra work to be done and the amount and method of compensation therefore hereafter provided. No Change Order or Order for Extra Work shall be valid unless dated and signed by the Contractor (or by his agent previously authorized in a writing delivered to City to execute said Change Order or Order for Extra Work), the authorized representative of City and City Engineer as hereafter provided. Amount and Method of Compensation: 1. When a variation is made in quantities of work or materials specified in the bid upon which unit prices were bid, compensation therefore shall be at the unit prices so bid. 2. When a variation is made for which no bid items were specified, compensation therefore shall be at unit prices or lump sum agreed to by the parties. 24

25 3. In the event that unit prices or a lump sum cannot be agreed to, then compensation shall be computed on a "cost plus" basis as follows: (d) Cost Plus: 1. Cost plus will be the direct costs paid for labor, materials and equipment used in performing the extra work determined as provided in the following sub-paragraph I, "Labor," sub-paragraph II, "Materials," and sub-- paragraph III, "Equipment Rental." To the total of the direct costs completed as provided in sub-paragraphs I, II and III, there will be added a markup of 10% to the cost of labor and 10% to the cost of materials and to the cost of equipment rental. The above markups shall constitute full compensation for all overhead costs which shall be deemed to include' all items of expense not specifically designated as cost or equipment rental in sub-paragraphs I, II, and III. The total payment made as provided above shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. I. Labor: The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor, or other forces, will be the sum of the following: (a) Actual Wages - The actual paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation, and similar purposes. (b) Labor Surcharge - To the actual wages, as defined in I(a), will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in I(a) and subsistence and travel allowances specified in I(e). (c) Subsistence and Travel Allowance - The actual subsistence and travel allowance paid to such workmen. II. Materials: Material charges must be supported by suppliers' original invoices marked "Paid" with the suppliers' name, with the name or initials of the individual receipting the invoice. Cash and trade discounts allowed by the suppliers must be deducted from the invoice amount. Invoices in turn must be supported by original delivery tickets showing receipt of materials and signatures of Contractor's representative. In the case of materials withdrawn from the Contractor's own stock, a typed list of such materials shall be presented on the Contractor's bill head or letterhead, showing: Quantities Units (each, pound, dozen, etc.) Description of articles Unit cost (including applicable sales tax) Amount All charges for such materials shall be supported by Contractor's receipted delivery tickets approved by the Engineer. III. Equipment Rental: The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor. If it is deemed necessary by the Engineer to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Engineer. The Contractor may furnish any cost data which might assist the Engineer in the establishment of such rental rate. The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. 25

26 Operators of rented equipment will be paid for as provided in I "Labor." 1. Individual pieces of equipment or tools not listed in said publication and having a replacement value of $150 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. 2. The amount, but not the price, of all changes or extra work performed shall be entered upon report sheets, furnished by the Engineer, and signed by both parties, which daily reports shall thereafter be considered the true record of extra work done. 3. All claims of the Contractor for compensation for changes or extra work shall be made in the form of itemized invoices in triplicate and shall be presented together with the data set forth below within thirty (30) days after the close of the calendar month during which the extra work or material covered by such claim is alleged to have been furnished. The Contractor shall permit an examination by the auditor of the City of East Palo Alto of all accounts, bills and vouchers relating to the extra work and claims and shall be paid in the course of business only to the extent that expenditures are provable by the Contractor. (a) Authorization by City 1. Except as hereafter provided, all change orders or orders for extra work must be approved by the City Council. 2. Provided, however, City Engineer, with permission of the City Manager shall be authorized to approve a change order or order for extra work without the necessity of obtaining approval of the City Council when the individual change or extra work does not exceed a cost of Five Thousand Dollars ($5,000). (b) (c) Payment for changes and extra work shall be made at the same time and in the same manner provided for payment of other work in these specifications, unless otherwise authorized by the City Council. Changes and extra work may be made by the City without notice to the Contractor's sureties, and shall not relieve the sureties of any obligation under their bonds CHARACTER OF WORKMEN: None but skilled foremen and workmen shall be employed on work requiring special qualifications, and when required by the Engineer, the Contractor shall take the necessary action to remove from the work any person who is in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent or otherwise objectionable. Such removal shall not be the basis of any claim for compensation of damages against the City or any of its officers EIGHT-HOUR DAY: The Contractor agrees that neither he nor any subcontractor doing work or performing labor pursuant to the terms of this contract shall require or permit any laborer, workman or mechanic to labor more than eight (8) hours during any one calendar day in violation of the provisions of Section 1811 and following of the Labor Code of the State of California. The Contractor shall forfeit as a penalty to the City, Twenty-five dollars ($25.00) for each calendar day in which such laborer, workman, or mechanic employed by him or by any subcontractor, for each calendar day in which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours during any one calendar day in violation with the provisions of Section 1811 of the Labor Code of the State of California, except as provided for under Section 1815 of the Labor Code REPORTS: The Contractor shall keep or cause to be kept an accurate record showing the names and occupations of all laborers, workmen, or mechanics employed by him or by any subcontractor under him in connection with the work and also showing the actual hours worked and actual wages paid to each of such workers, which record shall be open at all reasonable hours to the inspection of the Engineer and to the Chief of the Division of Labor Law Enforcement of the Department of Industrial Relations, his deputies and agents. All of the foregoing is in accordance with the provisions of Section 1776 of the Labor Code of the State of California RIGHT-OF-WAY: The right-of-way for work to be constructed under this contract will be provided by the City. 26

27 CARE AND CUSTODY OF WORK: The Contractor shall have full care and custody of the work until completion and acceptance by Resolution of the City Council and he shall be responsible for all damage to existing improvements during the time the work is in his care and custody ACCIDENT PREVENTION BARRICADES, SAFETY MEASURES AND DETOURS: The Contractor shall provide for the protection of persons and property and he shall observe the safety provisions of applicable laws, building and construction codes and safety regulations. The Contractor shall take all necessary measures to protect the work and prevent accidents during the construction. He shall provide and maintain sufficient night lights, barricades, guards, temporary sidewalks, temporary bridges, danger signals, watchmen and necessary appliances and safeguards to properly safeguard life and property. He shall also protect all excavation, equipment and materials with barricades and danger signals so that the public will not be endangered. He shall maintain temporary detours, if required by the Engineer, and keep same in usable condition. The Contractor shall promptly provide necessary bridges across excavations for ingress and egress to places of business or residences and shall promptly remove surplus materials from the immediate vicinity of places of business. The Contractor shall be particularly careful in providing barricades and signalmen on any of the work that is constructed along or in highways or City streets. Free access shall be provided at all times to all fire hydrants unless otherwise authorized by the Engineer. Alternate cross streets shall be kept open at all times. In the event that conditions hazardous to public safety exist as a result of the Contractor's operations, either directly or indirectly and the contractor has not provided adequate barricades, lights and other protective measures, the City may place such barricades, and lights and take such measures as are deemed necessary by the City. The Contractor will be charged for such services performed by the City and the amount of such, charge may be deducted from any sums due to the Contractor under the contract. The Contractor shall provide sufficient additional barricades and lights of his own to take care of the conditions mentioned above, at the earliest possible time, and shall notify the City Engineer of the fact that he has done so, and shall return forthwith the City's barricades and lights, and any other protective measures as directed. The Contractor shall observe requirements set forth in the current California Manual of Uniform Traffic Control Devices PRESERVATION OF MONUMENTS: The Contractor shall not disturb any monuments or stakes without permission of the Engineer, and he shall bear the expense of locating, surveying and resetting any monuments or stakes which may be disturbed without permission DATUM PLANE AND MEASUREMENT: All distances and elevations shown on the plans, profiles or other drawings are in feet and decimal fractions thereof. All measurements on the plans are horizontal measurements unless otherwise shown INSPECTION: All materials furnished and work done under this contract will be subject to rigid inspection. The Contractor shall notify the Engineer forty-eight (48) hours in advance of any work to be done, in order that inspection may be provided, and shall prosecute the work only in the presence of an inspector. Work done in the absence of an inspector, without said written permission, shall be subject to rejection. The Engineer shall have access at all times to all parts of the shop or plant where material under his inspection is being manufactured. When required, the Contractor shall notify the Engineer in sufficient time in advance of the manufacture or production of materials to be supplied under this contract, in order that the City may arrange for mill or factory inspection and testing of same. Any materials shipped by the Contractor from the factory prior to having satisfactorily passed such testing and inspection by the City's representative, or prior to the receipt of notice from said representative that said materials have satisfactorily passed such testing and inspection, or that such testing and inspection will not be required, shall not be used in the work. The Contractor shall also furnish to the City in triplicate, certified copies of all factory and mill test reports when required by the Engineer DEFECTIVE WORK-NOTICE TO CONTRACTOR: If, in the opinion of the Engineer, work is not being done in accordance with the plans and specifications, written notice shall be given to the Contractor or his authorized agent. Written notice to any foremen or agent in charge of any portion of the work in the absence of the Contractor, shall be considered as notice to the Contractor. 27

28 Work which is defective in its construction or deficient in any of the requirements of these specifications, will not be considered as accepted in consequence of the failure of any employee of the City or inspector connected with the work, to point out said defects or deficiency during construction. The Contractor shall correct any imperfect work whenever discovered. If he refuses or neglects to replace defective work, it may be replaced by the City, after notice to the Contractor and his sureties, at the expense of the Contractor and the Contractor and his sureties shall be liable therefor EXISTING UTILITIES, IMPROVEMENTS, AND OBSTRUCTIONS: Whenever any pole, structure, pipe, culvert, conduit, cable or other obstruction, either above or below ground surface within the area to be utilized by the Contractor in the performance of the work thereunder is, or may be affected by the Contractor's operations, the Contractor shall preserve the same intact, or he shall make arrangements with the owner of same for its protection, support, alteration or removal and reinstallation, as may be required by the conditions encountered. The Contractor shall notify in advance and cooperate with each owner of poles, structures, pipes, culverts, conduits, cables, or other improvements which may be encountered or affected in any way by the work under this contract. Where public utility mains or services are altered or removed and reinstalled either to avoid interference with the work under this contract or for the convenience of the Contractor, such alteration, removal and reinstallation shall be performed by the appropriate agency having jurisdiction thereof and the cost thereof shall be borne as the following paragraphs provide. Whenever feasible the Contractor shall uncover sewer mains and laterals, telephone, cable television and electric conduits, water mains and gas mains at least two hundred (200) feet in advance of trenching operations to permit grade changes should such changes be required. Unless otherwise specifically provided in these contract documents, all costs of protecting, supporting, altering, removing and reinstalling pipes, poles, structures, trees and other obstructions, shall be borne by the Contractor except: (a) (b) (c) Where a City-owned subsurface obstruction is encountered which is not shown on the contract drawings Where it is necessary to remove or alter obstructions which are maintained under a City franchise, ordinance, contract, permit or other agreement by the terms which the obstruction is required to be moved or adjusted, or whatever, at the expense of the owner or person responsible therefor. Where the water mains, service pipes, conduits and cables interfere with the work under this contract and in accordance with the plans and specifications and as ordered by the Engineer. This provision shall not apply to cases where such facilities are altered or removed and reinstalled for the Contractor's convenience only. Except as otherwise expressly provided herein, the Contractor shall not be entitled to any additional compensation due to the presence of, or interference, delays or expense caused by obstructions, or the removal and/or replacement of obstructions where such removal and/or replacement is required for proper completion of the work hereunder. Where the work requires the removal of, or damage to, existing pavement, sidewalk, curb, lawn, shrubbery, trees, hedges, gardens, drives, walls, fences, buildings, or other improvements, the Contractor shall take precautions to limit said removal or damage to the least practicable amount and he shall at his own cost replace or restore said improvements to as near their original location and condition as is reasonably possible, except as otherwise provided. Great care shall be exercised in placing and compacting backfill in areas where improvements are to be placed upon said backfill. Trees shall not be removed without the express permission of the Engineer. Damage to or excessive trimming of trees in the street right of way shall be avoided LOSS OR DAMAGE: The Contractor shall be held responsible for, and be required to make good at his own expense, all damage to persons or property caused by himself or his subcontractors, agents, or the employees of either of them during the progress of the work and until its final acceptance. All loss or damage arising from any unforeseen difficulties which may be encountered in the prosecution of the work or from any action of the elements prior to the acceptance of the work or from any act or omission not authorized by these specifications on the part of the Contractor or any agency or person employed by him shall be sustained by the Contractor. 28

29 The Contractor shall hold the City, its officers and employees, harmless from any loss arising out of injury to persons or damage to property resulting directly or indirectly from the performance of the work under this contract, including the defense of any action arising therefrom. The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions or natural phenomena. When delay is caused by an order to suspend work given on account of such conditions which, in the opinion of the Engineer could have been reasonably foreseen, the Contractor will not be entitled to any extra compensation on account of such order CLEANING UP: The Contractor shall remove from the vicinity of the completed work all plants, buildings, rubbish, unused materials, concrete forms, etc., used in or resulting from the construction operations, and shall leave the job site in a clean and neat condition GUARANTEE: All work shall be guaranteed by the Contractor for a period of one (1) year from the date of acceptance of the work by resolution of the City Council, against defective workmanship and materials furnished by the Contractor. The Contractor shall promptly replace or repair in a manner satisfactory to the Engineer, any such defective work, after notice to do so from the Engineer and upon the Contractor's failure to make such replacement or repairs promptly, the City may perform this work and the Contractor and his sureties shall be liable for the cost thereof ACCEPTANCE AND PAYMENT: The acceptance of the work on behalf of the City shall be made by the City Council upon the recommendation of the head of the department under whose jurisdiction the work was performed and the approval of the City Manager. Such acceptance shall not constitute a waiver of guarantee by the City. When the work has been accepted, there shall be paid to the Contractor a sum equal to ninety five (95%) percent of the contract price. The final five (5%) percent shall not become due and payable until a release of all claims against the City of East Palo Alto by virtue of this contract has been executed by the Contractor and until five (5) days shall have elapsed after the expiration of the period in which liens may be filed under the provisions of Title 15, Part 4, Division 3 of the Civil Code of the State of California. If periodic payments are to be made, they shall be made as provided for in the Special Conditions. Payment at the contract price shall include full compensation to the Contractor for all labor, materials (except as otherwise expressly provided herein), equipment, use and expense required for or incidental to the completion of the work in accordance with the drawings and specifications and to the satisfaction of the Engineer. In case of suspension of the contract, any unpaid balance shall be and become the sole and absolute property of the City of East Palo Alto to the extent necessary to repay to the City any excess in the cost of the work above the contract price TESTING AND MATERIALS: The City may require the testing of materials by a competent testing laboratory of its selection or by other means. The cost of the materials to be tested, delivered to the point of testing, shall be borne by the City TRENCHES AND EXCAVATIONS: Any public works contract of a local public entity which involves digging trenches or other excavations that extend deeper than four feet below the surface shall contain a clause which provides the following: (a) That the contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any: 1. Material that the contractor believes may be classified as hazardous waste, as defined in Section of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. (b) That the public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work shall issue a change order under the procedures described in the contract. 29

30 (c) That, in the event that a dispute arises between the public entity and the contractor whether the conditions materially differ, or involve hazardous waste, or cause a de-crease or increase in the contractor's cost of, or time required for, performance of any part of the work, the contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties INTERPRETATION OF PLANS AND SPECIFICATIONS: Should questions or doubt as to the true meaning of any part of the plans and specifications arise during the fulfillment of the contract, the Contractor shall make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The Engineer, upon receipt of such request, shall give to the Contractor in writing, an addendum correcting, clarifying or interpreting the point or points in question, which addendum shall be final and binding and become a part of the contract STORMWATER POLLUTION CONTROL: The contractor shall conform all construction activities with the San Mateo County Stormwater Pollution Prevention Program. The Contractor shall also comply with all Federal, State, and Local regulations as set by the National Pollutant Discharge Elimination System (NPDES) and required to implement all applicable Best Management Practices (BMP s) QUANTITY UNITS, PAYMENTS AND MEASUREMENT: The quantity units, such as tons, square feet, cubic yards, and other units listed in the proposal shall be the basis for payment. All work to be paid for at the contract price per unit of measurement will be measured by the Engineer in accordance with United States standard measures. The Contractor shall accept the compensation as provided by the contract unit prices and by measurement and/or contract lump sum prices as full payment for furnishing all labor, materials, equipment and incidentals to perform all work shown on the plans and specified herein, and for all expense, loss, damage, or risk of every description connected with the prosecution of the work PERMITS AND LICENSES: The contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. The Environmental Quality Act (Public Resources Code, Section 2100 to 21176, inclusive) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work OBSTRUCTIONS AND COOPERATION: Existing utility facilities may require rearrangement during construction. The Contractor shall cooperate with forces engaged in such work and shall conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such other forces. Whenever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility facilities and the Contractor shall make arrangements with the owners of such other facilities for the construction of the work HOURS OF CONSTRUCTION: Contractor operations shall be limited to the hours of 7:30 a.m. to 4:30 p.m., Monday through Friday, unless otherwise approved in advance, in writing by the City Engineer PAYMENTS WITHHELD: The City may withhold sufficient monies from any sum otherwise due the Contractor pursuant to this Agreement, to protect the City against loss on account of: (a) (b) (c) (d) (e) (f) Repair or replacement of base, and/or conduits or other structures, on or near the work, damaged by reason of the Contractor's operations due to hauling materials or moving heavy equipment. Defective work not corrected. Claims filed or reasonable evidence indicating probable filing of claims. Failure of the Contractor to make payments properly to the subcontractors for material and labor. A reasonable doubt that the contract can be completed for the balance then unpaid. Damage to another Contractor. 30

31 Payment of the amounts withheld shall be made upon determination by the City that the withholding of such amounts is no longer necessary STOP NOTICES: The City of East Palo Alto, by and through the City Engineer, may at its option and at any time retain, any amounts due the Contractor sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code AS BUILT PLANS: The Contractor shall maintain an "As Built" plan during the demolition for submittal, including, but not limited to, the following: Location and method of underground disconnects. Any utility plugged and abandoned in place WORKING DAYS: A working day is defined as any day, except Saturdays, Sundays and legal holidays and days on which the Contractor is specifically required by the special provisions to suspend construction operations and except days on which the Contractor is prevented by inclement weather or conditions resulting immediately there from adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75% of the normal force engaged on such operation or operations for at least 60% of the total daily time being currently spent on the controlling operation or operations. Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weather, or the conditions resulting from the weather, or the condition of the work, prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least 75% of the normal labor and equipment force engaged in the current controlling operation or operations for at least 60% of the total daily time being currently spent on the controlling operation or operations, the Contractor will not be charged for a working day even though the major portion of the day could be considered to be suitable for such construction operations. The current controlling operation or operations is to be construed to include any feature of the work considered at the time by the Engineer and the Contractor, which, if delayed, will delay the time of completion of the Contract. The Engineer will furnish the Contractor a weekly statement showing the number of working days charged to the Contract for the proceeding week the number of working days of time extensions being considered or approved, the number of working days originally specified for the completion of the Contract and the number of working days remaining to complete the Contract and the extended date for completion. The Contractor will be allowed 15 days from the issuance of the weekly statement of working days in which to file a written protest setting forth in what respects he differs from the Engineer, otherwise the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct PERIODIC PAYMENTS: The Contractor shall submit an invoice at the beginning of each calendar month for ninety (90) percent of the value of the work performed up to the last day of the previous calendar month, less the aggregate of previous payments, based on accepted unit prices in the bid proposal and on monthly estimates prepared by the Engineer. This invoice shall be paid within thirty (30) days after this receipt of the invoice by the City. Quantities used in computing partial payments shall be considered as estimates only and shall be subject to revision in following estimates. Work completed as estimates shall be an estimate only and no inaccuracy or error in said estimate shall operate to release the Contractor or any bondsman from damages arising from such work or from the enforcement of each and every provision of this Contract, and the City shall have the right subsequently to correct any error made in any estimate for payment. Materials delivered but not incorporated or installed in the work, will not be included in progress estimates and/or payments. The Contractor shall not be entitled to receive any monthly payments under this section of the specifications so long as any lawful or proper direction concerning the work or any portion thereof, given by the Engineer, shall remain uncomplied with. Pursuant to the provisions of Government code 4590, and at the request and expense of the Contractor, securities equivalent to the amount withheld by City to ensure performance under a Contract shall be deposited with City and with a State or Federally chartered bank as escrow agent who shall pay such monies to the Contractor upon satisfactory completion of the Contract. Eligible securities shall include those listed in Government Code or bank or savings and loan certificates for deposit CONTRACT DOCUMENTS: If contractor discovers conflicts, errors, omissions or discrepancies between Contract Documents, he shall immediately notify the Engineer in writing and request resolution of conflict. Work affected by conflicts, errors, omissions, or discrepancies and performed prior to resolution of conflict shall be at Contractor's risk and expense. Conflicts between Contract Documents will be resolved by the Engineer based on the following order of precedence: 1. Change Orders 31

32 2. Addenda 3. General Conditions 4. Technical Specifications 5. Referenced Standards 6. Contract Drawings Submit proposed plan revisions to Engineer for review. Accurately show or describe revisions on Drawings. Work affected by proposed revision performed prior to approval of revision shall be at Contractor's risk and expense. 32

33 SECTION 6. (BLANK) SECTION 7. (BLANK) 33

34 SECTION 8. MATERIALS SUBMITTALS: Where the Contractor is required by the Contract to make submittals, they shall be made to the City with a letter of transmittal and in sufficient number of copies to allow a distribution of at least one (1) copy to all parties needing a copy to carry out the provisions of the Specifications. Unless specified otherwise in the Contract Documents, the Contractor shall provide a sufficient number of copies to allow three (3) copies to be retained by the City of the following items: Construction Schedules Materials List Substitutions List Material Safety Data Sheets Shop Drawings, Product Data and Samples Working Drawings Warranty Data Others as Specified in the Technical Specifications When submittals are favorably reviewed, the City will retain three (3) copies and will return all others to the Contractor with review comments, if any, noted. Review copies of Construction Schedules will not be returned to the Contractor. It shall be the Contractor s responsibility to copy and/or conform reviewed submittals in sufficient numbers for its files, subcontractors, and vendors. When submittals are not favorably reviewed, the City will retain two (2) copies and will return all others to the Contractor. MATERIALS AND SAMPLES: All materials shall be of specified quality and fully equal to samples, where samples are required. The Contractor shall furnish to the Engineer for test, whenever requested and free of charge, samples of all materials proposed to be used in the work. He shall also submit any required detailed drawings to be used in the work. He shall also submit any required detailed drawings of articles or equipment for City approval. Rejected materials must be immediately removed from the site of the work by the Contractor and shall not be brought again upon the work MATERIALS FURNISHED BY THE CITY: No materials will be furnished by the City of East Palo Alto to the Contractor on this contract WATER: Where the work under these specifications can be supplied with water from the water mains of the Water Districts in the City of East Palo Alto, the Contractor will be required to arrange for service through them and will be required to pay for any and all water consumed by the Contractor or subcontractors during the course of construction. In cases where water cannot be supplied from the said mains or facilities, the Contractor shall provide at his own cost, the required supply of water from other sources approved by the Engineer. 34

35 SECTION 9. (BLANK) 35

36 SECTION 10. TECHNICAL SPECIFICATIONS SECTION MISCELLANEOUS LINES AND GRADES: The Contractor shall lay out all work and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the City s decision will be final. As part of the Bid Price, the Contractor shall provide and be responsible for the layout of all work required to remove deposits to the depth shown on the project plans. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Drawings and as required for the proper operation and function. The Contractor shall stake its work limits. The Contractor's layout shall be based on existing structures, survey control and bench marks to be provided by the City. The Contractor shall supply such labor as required, at no extra charge, to aid and assist the City in checking location and grades of the work as set by the Contractor if the City desires to perform this checking. This shall include moving materials and equipment located between monuments/benchmarks and the construction work. Payment Full compensation for conforming to the above requirements for establishing lines and grades shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore TEMPORARY UTILITIES: The Contractor shall make its own arrangements for any utility services including but not limited to power, water, telephone and sanitation service that the Contractor will require for its operations during the life of this Project. All utility costs will be at the Contractor s expense. The Contractor shall provide chemical toilets and other sanitary facilities required for its employees and subcontractors. Payment Full compensation for conforming to the above requirements for establishing lines and grades shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore SALVAGING AND STORAGE OF EQUIPMENT AND MATERIALS: All materials which are removed and not reincorporated in the Work, shall remain the property of the Contractor shall be removed by the Contractor from the site CONTRACTOR STORAGE AREAS: The City shall be specifically exempted in any agreement from any liability incurred from the use of private property for construction purposes. Use of portions of City-owned areas for materials and equipment storage will be permitted upon approval of the City. The Contractor shall take all responsibility for storage of materials. No equipment for incorporation in the project may be stored in any area subject to flooding NON-STORM WATER DISCHARGES: Non-stormwater discharges are not allowed. The contractor shall implement all necessary Best Management Practices (BMPs) to mitigate any such discharges in conformance with the requirements set forth in the City s NPDES Permit (No. CAS612008) and Section 13 of the Standard Specifications. The contractor may refer to the California Department of Transportation publication entitled Construction Site Best Management Practices (BMPs) Manual, or the County of San Mateo Stormwater Pollution Prevention Program. The Contractor shall include the following minimum actions as identified by the San Francisco Bay Regional Water Quality Control Board Staff Recommendations (when applicable to project): 1. Stabilize site access points to avoid tracking materials off-site; 2. Stabilize denuded areas prior to the wet season (Oct. 15 through Apr. 15); 3. Protect adjacent properties; 4. Stabilize temporary conveyance channels and outlets; 5. Use sediment controls and filtration to remove sediment from water generated by dewatering; 6. Use proper materials and waste storage, handling, and disposal practices; 7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices; 8. Control and prevent discharge of all potential construction-related pollutants; 9. Prepare a contingency plan in the event of unexpected rain or a control measure failure; 10. Protect all catch basins within the entire construction limits; The complete cleanup of all material which is discharged from the project in violation of the Discharge Rules shall be the responsibility of the Contractor. Should the Contractor fail to respond promptly and effectively to the Engineer's request for 36

37 cleanup of such discharges, the Engineer may cause the cleanup to be performed by others, the costs to be deducted from any monies due or to become due the Contractor. In addition, when applicable, during saw cutting the Contractor shall cover or barricade catch basins using control measures such as filter fabric, straw bales, sand bags, or fine gravel dams to keep slurry out of the storm drain system. When protecting an inlet, the Contractor shall ensure that the entire opening is covered. The Contractor shall shovel, absorb, and/or vacuum saw cut slurry and pick up all waste prior to moving to the next location or at the end of each working day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the Contractor shall remove the slurry immediately. The Contractor shall coordinate storm water pollution control work with all other work done on the contract. It shall be the Contractor's responsibility to train all employees and subcontractors on the approved storm water pollution control measures. During construction of the project, if the storm water pollution control measures being taken by the Contractor prove inadequate to control storm water pollution, the Engineer may direct the Contractor to revise his operations and/or his storm water pollution control program. If the Contractor fails to adequately revise his operations after such direction, the Engineer may cause the storm water pollution control measures to be performed by others, the costs to be deducted from any monies due or to become due the Contractor. Nothing in the terms of the contract nor in the provisions in this section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of storm water pollution. Payment Full compensation for conforming to the above requirements for non-storm water discharges as specified in the Standard Specifications and these special provisions will not be paid for as a separate item and full compensation will therefore be considered as included in the various contract items of work involved CONSTRUCTION AREA TRAFFIC CONTROL DEVICES: Flagging, signs, and all other traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in section 12, "construction area traffic control devices," of the standard specifications and these special provisions. Category 1 traffic control devices are defined as those devices that are small and lightweight (less than 45 kg), and have been in common use for many years. The devices shall be known to be crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category 1 traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers. If requested by the Engineer, the Contractor shall provide written self-certification for crashworthiness of Category 1 traffic control devices. Self-certification shall be provided by the manufacturer or Contractor and shall include the following: date, Federal Aid number (if applicable), expenditure authorization, district, county, route and kilometer post of project limits; company name of certifying vendor, street address, city, state and zip code; printed name, signature and title of certifying person; and an indication of which Category 1 traffic control devices will be used on the project. The Contractor may obtain a standard form for self-certification from the Engineer. Category 2 traffic control devices are defined as those items that are small and lightweight (less than 45 kg), that are not expected to produce significant vehicular velocity change, but may otherwise be potentially hazardous. Category 2 traffic control devices include: barricades and portable sign supports. Category 2 devices purchased on or after October 1, 2000 shall be on the Federal Highway Administration (FHWA) Acceptable Crashworthy Category 2 Hardware for Work Zones list. This list is maintained by FHWA and can be located at the following internet address: The Department maintains a secondary list at the following internet address: Category 2 devices that have not received FHWA acceptance, and were purchased before October 1, 2000, may continue to be used until they complete their useful service life or until January 1, 2003, whichever comes first. 37

38 Category 2 devices in use that have received FHWA acceptance shall be labeled with the FHWA acceptance letter number and the name of the manufacturer by the start of the project. The label shall be readable. After January 1, 2003, all Category 2 devices without a label shall not be used on the project. If requested by the Engineer, the Contractor shall provide a written list of Category 2 devices to be used on the project at least 5 days prior to beginning any work using the devices. For each type of device, the list shall indicate the FHWA acceptance letter number and the name of the manufacturer. Full compensation for providing self-certification for crashworthiness of Category 1 traffic control devices and for providing a list of Category 2 devices used on the project and labeling Category 2 devices as specified shall be considered as included in the prices paid for the various contract items of work requiring the use of the Category 1 or Category 2 traffic control devices and no additional compensation will be allowed therefore. Flagging shall conform to the requirements of Section 12, Flagging, of the Standard Specifications except that the cost of furnishing all flaggers, including all necessary equipment, shall be borne entirely by the Contractor. Payment Full compensation for conforming to the above requirements for traffic control devices shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore CONSTRUCTION AREA SIGNS: Construction area signs shall be furnished, installed, maintained, and removed when no longer required, by the contractor, in accordance with the provisions in section 12, construction area traffic control devices, of the standard specifications and these special provisions. Construction area signs shall be placed as necessary to warn motorists and pedestrians of construction activity adjacent to traveled areas, when construction equipment and concrete trucks are entering/exiting off local streets, and as otherwise directed by the Engineer for safety of and/or advance warning for the general public. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following: Notification Center Underground Service Alert - Northern California (USA) Telephone 1(800) All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. Sign locations shall be as directed by the Engineer. The Contractor shall receive no additional compensation for the relocation of signs deemed necessary by the Engineer, should he proceed to place signs in advance of having sign locations approved by the Engineer. Pedestrian access shall be provided through construction areas within the right of way by redirecting pedestrians to the other side of Clarke Avenue and as specified herein. At least one walkway shall be available at all times. If the Contractor's operations require the closure of one walkway, then another walkway shall be provided nearby, off the traveled roadway. Walkways shall be kept clear of obstructions. Payment Full compensation for conforming to the above requirements as specified in the Standard Specifications and these special provisions will not be paid for as a separate item and full compensation will therefore be considered as included in the various contract items of work involved MAINTAINING TRAFFIC: Attention is directed to sections "Public Convenience", "Public Safety", and 12 "Construction Area Traffic Control Devices" of the Standard Specifications and these special provisions. The first 38

39 paragraph of section , "Flagging Costs" shall not apply. Nothing in these special provisions shall be construed as relieving the contractor from the responsibilities specified in section The minimum size specified for Type II flashing arrow signs in the table following the second paragraph of Section , Flashing Arrow Signs, of the Standard Specifications is amended to read 36 inches by 72 inches. In the Standard Plans, Note 10 on Standard Plan T10, Note 9 on Standard Plan T10A, Note 5 on Standard plan T11, Note 6 on Standard Plan T12, Note 5 on standard Plan T13, and Note 4 on Standard Plan T14 are revised to read: All traffic cones used for night lane closures shall have reflective cone sleeves as specified in the specifications. The second and third paragraphs of Section , Traffic Cones, of the Standard Specifications are amended to read: During the hours of darkness traffic cones shall be affixed with reflective cone sleeves. The reflective sheeting of sleeves on the traffic cones shall be visible at 1,000 feet at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective cone sleeves shall conform to the following: 1. Removable flexible reflective cone sleeves shall be fabricated from the reflective sheeting specified in the special provisions, have a minimum height of 13 inches and shall be placed a maximum of 3 inches from the top of the cone. The sleeves shall not be in place during daylight hours. 2. Permanently affixed semitransparent reflective cone sleeves shall be fabricated from the semitransparent reflective sheeting specified in the special provisions, have a minimum height of 13 inches, and shall be placed a maximum of 3 inches from the top of the cone. Traffic cones with semitransparent reflective cone sleeves may be used during daylight hours. 3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective bands. The top band shall be 6 inches in height, placed a maximum of 4 inches from the top of the cone. The lower band shall be 4 inches in height, placed 2 inches below the bottom of the top band. Traffic cones with double band reflective cone sleeves may be used during daylight hours. The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Convenient access to cross streets, driveways, and buildings along the line of work shall be maintained. Existing roadway surfaces within the project limits shall remain, except as required for subsurface work, until removal is necessary for construction of the roadway structural section. In this regard, general roadway excavation shall not commence until authorized by the Engineer. The Contractor shall, at a minimum, maintain one continuous 12-foot wide, paved, traffic lane in each direction and one 5-foot wide, paved pedestrian travel way continuous on one side of the street, through the construction zone at all times. Between the hours of 7:00 a.m. 9:30 a.m. and 3:30 6:30 p.m. the Contractor shall maintain 2 traffic lanes in each direction. Contractor shall maintain access to existing businesses at all times. Access to all driveways shall be maintained, including but not limited to providing steel plates and scheduling weekend work upon approval by the engineer. Contractor shall construct, maintain, and later remove when no longer required, such temporary facilities as may be necessary to maintain traffic flow and public access. Such temporary facilities shall include, but are not limited to, asphalt concrete ramps, driveways, and conforms. Compacted aggregate base material or sub-grade shall not be open to public traffic, including access to businesses, unless the Contractor has prior written approval from the Engineer. Pedestrian access facilities shall be provided through construction areas within the right of way as specified herein. Pedestrian walkways shall be provided with surfacing of asphalt concrete, Portland cement concrete or timber. Surface shall be skid resistant and free of irregularities. Hand railings shall be provided on each side of pedestrian walkways as necessary to protect pedestrian traffic from hazards due to construction operations or adjacent vehicular traffic. 39

40 Railings shall be constructed of wood, S4S, and shall be painted white. Railings and walkways shall be maintained in good condition by the Contractor. Walkways shall be kept clear of obstructions. Full compensation for providing said pedestrian facilities shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Payment Full compensation for conforming to the above requirements for Maintaining Traffic shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore CLOSURE REQUIREMENTS AND CONDITIONS: Lane closures shall not be allowed unless authorized by the Engineer TRAFFIC CONTROL SYSTEM: The traffic control system shall consist of placing temporary construction signs, closing traffic lanes, removing existing pavement delineation and markings, and providing temporary pavement delineation and markings, cones, markers, barricades, lights, signs, flaggers and any other devices necessary to complete the work shown on the plans. all components of the traffic control system shall conform to the provisions of section 12, Temporary Traffic Control of the standard specifications, the provisions of section , "Accident Prevention Barricades, Safety Measures and Detours" of the special provisions, the provisions under Construction Area Signs elsewhere in these special provisions and these special provisions. The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take the measures as may be necessary to comply with the provisions in Section 7 Legal Relations and Responsibility to the Public of the Standard Specifications. The Contractor shall furnish written advance notices describing the work to be done and shall distribute these notices to all affected property owners and tenants 72 hours prior to beginning any phase of the operation that affects public convenience or access. Failure to distribute notices shall be sufficient cause for the Engineer to suspend the work until 48 hours after such notices are distributed. During paving operations, the Contractor shall furnish and place sufficient barricades at all cross streets to protect new surfaces from traffic until sufficiently cooled or set as well as placing "Detour" signs as necessary to clearly delineate detour routes for all impassable intersections. When ordered by the Engineer, the Contractor shall furnish flagmen for the purpose of expediting the safe passage of public traffic through the work under one-way controls. At locations where traffic is being routed through construction under one-way controls and when ordered by the Engineer, the movement of the Contractor s equipment from one portion of the work to another shall be governed in accordance with such one-way controls. The Contractor shall develop and furnish an overall Traffic Control Plan for all phases of work. The Contractor shall submit the Traffic Control Plan within FIVE (5) WORKING DAYS after the pre-construction conference. Delays upon the part of the Contractor in submitting a Plan, in the format as outlined in these special provisions and as directed by the Engineer, shall not constitute a valid reason for time extensions should the Contract time elapse before completion of said project. The Contractor is further advised that consideration for adequate review time, as determined by the Engineer, shall be included in the work schedule. Traffic control plans shall conform to the latest edition of the State of California Department of Transportation "Manual of Uniform Traffic Control Devices. The Traffic Control Plan shall show how the Contractor will complete all the work indicated on the plans, in conformance with the Standard Specifications and special provisions, while providing for passage of traffic through the construction zone as required in "Maintaining Traffic," of these special provisions, including detours and temporary pavement striping and marking at each stage. No construction site work shall commence until the Engineer has approved the Traffic Control Plan and the required signs have been installed. If any component in the traffic control system (including but not limited to portable changeable messages, cones, channelizers, barricades, signs, lights, pavement delineation, markers, and markings, and temporary raised pavement markers) is damaged, displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall 40

41 immediately repair or replace said component to its original condition and reinstall the component to its original location at his/her expense. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall take the necessary precautions and provide additional traffic control measures to protect those who must pass through the work. If the Contractor shall appear to be neglectful or negligent in providing warning or protective measures, the Engineer may direct attention to the existence of a hazard, and require that additional barricades, flashers, warning and detour signs or lights be installed by the Contractor, or additional flaggers provided. Any action or lack of action by the Engineer as provided herein shall not relieve the Contractor from responsibility for public safety. No Parking Signs No Parking signs shall be posted a minimum of 72 hours in advance of the parking restriction. The date and time of parking restrictions shall be clearly posted on No Parking signs. No Parking signs shall be provided by the Contractor. Contractor shall monitor and keep current all sign postings and sign removals to coincide with actual construction operations. Truck Route All vehicles exceeding 12,000 pounds gross weight hauling materials to the job sites shall follow established truck route streets to the closest point of the job site unless directed otherwise by the Engineer. Traffic Control for Pavement Striping During pavement striping operations and pavement marker placement operations using bituminous adhesive, traffic shall be controlled with temporary lane closures, in accordance with the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, or by use of an alternate traffic control plan proposed by the Contractor. The Contractor shall not start pavement striping operations using an alternate plan until he has submitted his plan to the Engineer and has received written approval of said plan. Alternate traffic control plans for striping operations shall conform to the provisions in Section , "Public Convenience," , "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation. Temporary pavement markers which conflict with a new traffic pattern or which are applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. Remove Pavement Markers Existing pavement markers, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of. Remove Traffic Stripes and Pavement Markings Existing traffic stripes and pavement markings that are in conflict with temporary and/or permanent traffic stripes and pavement markings shall be removed as shown on the plans and as directed by the Engineer. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section , Public Safety, of the Standard Specifications. Temporary Pavement Delineation 41

42 Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in Section , "General," of the Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the California Department of Transportation or as relieving the Contractor from his responsibility as provided in Section , "Public Safety," of the Standard Specifications. Temporary Lane Line and Centerline Delineation Whenever lane lines and centerlines are obliterated and temporary pavement delineation to replace the lines is not shown on the plans, the minimum lane line and centerline delineation to be provided for that area shall be temporary reflective raised pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary reflective raised pavement markers shall be the same color as the lane line or centerline the markers replace. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Temporary lane line or centerline delineation consisting entirely of temporary reflective raised pavement markers placed on longitudinal intervals of not more than 24 feet, shall be used on lanes opened to public traffic for a maximum of 14 days. Prior to the end of the 14 days the permanent pavement delineation shall be placed. If the permanent pavement delineation is not placed within the 14 days, the Contractor shall provide, at his expense, additional temporary pavement delineation. The additional temporary pavement delineation to be provided shall be equivalent to the pattern specified for the permanent pavement delineation for the area, as determined by the Engineer. Temporary Edge Line Delineation The lateral offset for traffic cones, portable delineators or channelizers used for temporary edge line delineation shall be as determined by the Engineer. If traffic cones or portable delineators are used as temporary pavement delineation for edge lines, the Contractor shall provide personnel to remain at the job site to maintain the cones or delineators during all hours of the day that they are in use. Temporary edge line delineation shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. Temporary Traffic Stripe (Paint) Temporary traffic stripe consisting of painted traffic stripe, if used, shall be complete in place and thoroughly dry prior to opening the traveled way to public traffic. Temporary painted traffic stripe shall conform to "Paint Pavement Markings" of these special provisions. Reflective pavement markers conforming to the requirements of "Pavement Markers" of these special provisions may be used in place of temporary type raised reflective pavement markers for long term day/night use (6 months or less) except at locations to simulate patterns of broken traffic stripe. Placement of the reflective pavement markers used for temporary pavement markers shall conform to said section "Pavement Markers" of these special provisions except; the waiting period requirements before placing the pavement markers on new asphalt concrete surfacing as specified in Section , "Placement," of the Standard Specifications shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Channelizers Channelizers, when used, shall be surface mounted type and shall conform to the provisions in Section 12, Construction Area Traffic Control Devices, of the Standard Specifications and these special provisions. Channelizers shall conform to the provisions in Prequalified and Tested Signing and Delineation Materials, elsewhere in these special provisions. Channelizer posts shall be orange in color. Channelizers, when used, shall be cemented to the pavement using hot melt bitumen adhesive and in the same manner provided for cementing pavement markers to pavement in the section of these special provisions entitled Pavement Markers. The Contractor shall maintain in good condition all of the components of the Traffic Control System, including but not limited to; temporary pavement markings, markers, striping and edge lines, channelizers, barricades, temporary railing (Type K), signs, 42

43 and cones. The Contractor shall, at his own expense, repair or replace all of said components of the Traffic Control System whether damaged, stolen, or worn out from use, regardless of the quantity or frequency of replacement. Submittals: At least 15 working days prior to start of construction submit a traffic control plan for review by the Engineer that conforms to all requirements of these specifications. No work affected by lane closures, detours, and parking prohibitions shall begin until written permission is received from the Engineer. Contractor shall submit a sequence of operations plan that demonstrates what areas will be open to public traffic during nonworking hours and the associated traffic control devices required for safety. Contractor shall submit sequence of operations plan showing how Portland Cement crosswalks and pavements will be protected from damage by interim public traffic and from contractor work operations. Traffic control plans shall conform to the latest edition of the State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones." Payment The contract lump sum price paid for traffic control system shall include full compensation for furnishing a complete Traffic Control Plan, labor (including flagging costs and pilot car), materials (including all stationary and portable signs, changeable message signs, lights, traffic cones, channelizers, lane delineators, and temporary pavement delineation), tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the approved Traffic Control Plan, the contract plans, the Standard Plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer, and no additional compensation shall be allowed therefore. Full compensation for removal of existing and temporary pavement delineation, markers, and markings shall be considered as included in the contract lump sum price paid for traffic control system and no additional compensation will be allowed therefore. Full compensation for maintaining the components of the traffic control system, including repair and/or replacement when damaged or otherwise, regardless of the amount or frequency thereof, shall be considered as included in the contract lump sum price paid for traffic control system and no additional compensation will be allowed therefore. Payments for the lump sum item for Traffic Control shall be determined based on the percentage of the bid item work completed as determined by the Engineer at the time the progress payment is prepared DUST CONTROL: Dust control shall conform to the provisions in section 10, "Dust Control," of the Standard Specifications and these special provisions. Dust control measures shall be taken 7 days per week regardless of the Contractor s work schedule. During the progress of the work, the Contractor shall keep the entire job site in a clean and orderly condition. Spillage resulting from hauling operations along or across streets, roads, paths or other existing improvements, shall be removed immediately by the Contractor. All gutters and roadside ditches shall be kept clean and free from obstruction. Any deviations from this practice must have written approval from the Engineer. The Contractor shall govern his operations and construction methods at all times so as to prevent any dust problems within the area of work, along haul routes or along adjacent properties and shall provide the water wagons, water, labor, or any material or equipment required to provide adequate control of dust to the complete satisfaction of the Engineer. Dust problem is defined as any visible airborne particles within the project site and project haul routes that are a result of the Contractor s activities. When airborne particles are visible and the Engineer orders a dust control application, such work shall be performed within the same day. If Contractor fails to correct the dust problem when so ordered, the City will initiate cleanup by its own forces or an outside contractor. All costs for said cleanup will be borne by the Contractor and deducted from any monies due him. Street sweepers with dust control systems will be allowed as an alternative for dust control on paved approaches to the project. Power brooms or other similar devices without dust control systems will not be allowed. Any damage resulting from dust shall be the complete and sole responsibility of the Contractor. 43

44 Before final acceptance of the work, the Contractor shall carefully clean up the work area and premises, remove all surplus construction materials and rubbish of all kinds from the grounds which he has occupied and leave them in a neat condition. Payment Full compensation for conforming to the above requirements for dust control shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore OBSTRUCTIONS: Attention is directed to sections "Utility and Non-Highway Facilities" and 15 "Existing Highway Facilities" of the State Standard Specifications and these special provisions. The Contractor s attention is directed to the existence of certain overhead facilities that may require special precautions be taken by the Contractor to protect the health, safety, and welfare of workers and of the public. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include but are not limited to the following: Notification Center Telephone Number Underground Service Alert-Northern California (USA) Western Utilities Underground Alert, Inc Payment Full compensation for conforming to the above requirements for obstructions, as specified in the Standard Specifications and these special provisions will not be paid for as a separate item and full compensation will therefore be considered as included in the various contract items of work involved DEMOLITION: The work to be done under this section shall consist of removal of existing concrete, asphalt, native material, tree roots, and any other material necessary for the construction of the various items of work as called for on the plans, special provisions, or standard drawings. Tree roots shall be removed as indicated in the following sections of these Special Provisions and shall be neatly cut with a jackhammer or saw to the satisfaction of the Engineer. Aggregate backfill shall be used to reconstruct grade. Cost of tree root removal, concrete and base removal, aggregate backfill and compaction shall be considered incidental to the individual bid items that require removal. During concrete demolition the CONTRACTOR shall exercise caution not to cause additional damages to the existing asphalt, concrete, curb and gutter or any other surrounding structures. Breaking up concrete dumping it on the asphalt and scraping it up with a bobcat or loader is not permitted. Any damages caused by these practices will result in the CONTRACTOR replacing the section of asphalt or damaged concrete. Payment: Unless otherwise specified, full compensation for conforming to the above requirements for Demolition shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore EARTHWORK: Earthwork shall conform to the provisions in Section 19 Earthwork of the Standard Specifications and these special provisions. Any damage to the structural integrity of the sub-grade caused by the Contractor's operations or because of the Contractor's negligence or violation of these special provisions, as determined by the Engineer, shall be repaired by the Contractor at the Contractor's expense at no additional cost to the City of East Palo Alto. This may include but is not limited to, over-excavating the damaged area to a depth determined by the Engineer and replacing with Class 4 aggregate sub-base over a layer of soil reinforcing fabric, placement of soil reinforcement fabric directly over the damaged area prior to building up the roadway structural section, lime stabilization or other soil strengthening treatment of the damaged area, or other techniques that may be proposed by the Contractor or the Engineer. The method used shall be approved by the Engineer and the damaged area shall be repaired to the satisfaction of the Engineer prior to constructing or reconstructing the remaining roadway structural sections. 44

45 If at any time the Engineer believes the Contractor is causing damage to the underlying native sub-grade due to the method of the Contractor's operations, or for any other reason, and directs the Contractor to stop work, the Contractor shall stop such work immediately and remove any equipment from the area that is causing the damage, as directed by the Engineer. Such suspension of work shall be subject to the provisions of Section , "Suspensions of the Standard Specifications. Work shall not commence until the Contractor has proposed an alternative method or procedure acceptable to the Engineer. The Contractor shall have no claim to delay of work, extension of time, or incurred cost or damages due to suspension of work for this reason. Quality Control All materials furnished and work done under this contract will be subject to inspection and testing. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer. Quality control of the work to ensure compliance with the contract documents is the responsibility of the Contractor. Testing and inspection of the work, or the lack thereof, by the City does not relieve the Contractor of the responsibility to provide a quality assurance program to ensure compliance with the contract documents. The Engineer may perform or have the Contractor perform tests of material and equipment to demonstrate compliance with the contract documents. The cost of testing will be paid for by the City when tests show that materials or equipment comply with the contract documents, and shall be paid for by the Contractor when tests show that materials or equipment fail to comply with the contract documents. A one-gallon sample of any proposed fill material shall be provided for testing and review by the Engineer at least two weeks prior to proposed use on site. No material is to be used unless approved in writing by the Engineer. Compaction Test Method: Where referred to in these specifications and on the Drawings, "compaction" or "relative compaction" shall mean the in-place dry density of soil expressed as a percentage of the maximum dry density of the same material as determined by California Test Method 216. Engineer shall be present during all site earthwork and grading operations to test and to observe earthwork construction and shall be notified at least 48 hours prior to commencement to allow for discussion and planning with the earthwork, underground and paving contractors. Dewatering: No soil shall be compacted during periods of rain or when the ground is not drained of all free water. Soil that has been stockpiled and wetted by rain or by any other cause shall not be compacted until completely drained and the moisture content is within the limits approved by the Engineer. Materials Soil imported to the site and used for compacted fill shall be free of deleterious organic material, and shall meet the following requirements: 1. Physical: 100% passing 4 inch size, 10 to 75% passing the No. 200 sieve Plasticity Index of 12 maximum when tested in accordance with ASTM D Chemical: Salinity Limit (ECe) saturation extract of 4.0 sodium (SAR) limit of less than Boron: Saturation extract concentration less than 1.0 ppm. Minor quantities of material not meeting the above gradation may be mixed and blended with other on-site material if the resulting mixture conforms to the specifications. If the quantity of material not in conformance with the specifications is excessive in the opinion of the Engineer, it shall be removed from the site. Placement and Compaction Approved fill material shall be placed in lifts of appropriate thickness for the compactive effort and materials to achieve the relative compaction required, or less than 6 inches, whichever is less. Fill materials shall be adequately moisture conditioned prior to compaction and placement of overlaying materials to achieve a moisture content suitable for compaction. Fill material shall be compacted with equipment of such weight and design as necessary to obtain the specified compaction. Fill shall be compacted to at least 90 percent relative compaction as shown on the Drawings. In pavement areas, the upper 9 inches of subgrade shall be to a minimum relative compaction of 95 percent. The resulting subgrade should be smooth and essentially unyielding. Between successive lifts, the fill surface shall be scarified or otherwise processed to obtain satisfactory bonding between the fill lifts. 45

46 Payment Full compensation for conforming to the above requirements for Earthwork shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore WATERING: Developing water supply and applying water shall conform to the provisions of Section 17 "Watering" of the Standard Specifications, Section 8.3 Water of these special provisions and these special provisions. In addition to all other water supply requirements for the construction work, the Contractor s attention is directed to the importance of dust control on this project. The Contractor shall provide dust control at all times including Saturdays, Sundays and holidays as ordered by the Engineer. The Contractor shall diligently control dust resulting from his operations and from public traffic passing through the work by the application of water and/or dust palliative. Whenever the Contractor shall appear to be negligent in controlling dust, the Engineer may direct attention to the existence of a dust hazard and instruct the Contractor to immediately alleviate said hazard. Payment Full compensation for conforming to the above requirements for Watering shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore AGGREGATE BASE: Aggregate base shall be Class 2 and shall conform to the provisions in Section 26 "Aggregate Bases" of the Standard Specifications and these special provisions. Processed reclaimed asphalt concrete, PCC, LCB, or CTB shall not be used in aggregate base without approval of the Engineer. The grading of aggregate for class 2 aggregate base shall conform to the 3/4-inch maximum grading as provided in section B Class 2 Aggregate Base of the standard specifications. Aggregate base shall be placed where shown on the plans (including placement as a base course as necessary for temporary driveway, temporary walkway, driveways, curbs, valley gutters, median paving, sidewalks, and asphalt concrete pavement), as specified in these special provisions and as directed by the Engineer. Submittals Contractor shall submit Certificates from material suppliers stating that materials conform to the requirements of this Section. Payment Full compensation for conforming to the above requirements for aggregate base shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore. SECTION LOW PRESSURE DOMESTIC WATER QUALITY ASSURANCE: All testing required by this Section and other Sections of these Specifications shall be witnessed by the City. Retesting required as a result of failed tests shall be at the expense of the Contractor SUBMITTALS: All testing required by this Section and other Sections of these Specifications shall be witnessed by the City. Retesting required as a result of failed tests shall be at the expense of the Contractor. Submit complete specifications, catalog information and cuts, descriptive drawings, and literature for each equipment item to be furnished under this Section, with all exceptions to the Specifications noted. Provide submittals for: 1. PVC pipe and gaskets 2. Valves, Fittings & Appurtenances 3. Service Pipe and Fittings 4. Lug, tie rods and other devices for restraining pipe points 5. Meter box and cover 6. Valve box and cover Valve Operating Nut Extension (For Deep Valves) 8. Other materials or drawings necessary to complete the installation. 9. Disinfection schedule and procedures including: a. "Normal" disinfection procedure. b. Emergency disinfection procedure for mains and services which must be returned to service immediately. 46

47 c. Disinfection schedule including number and type of services and length of disruption of service. d. Disinfecting agent(s). e. Method of disposal of chlorinated water CONSTRUCTION SCHEDULING/SEQUENCING: Construction may involve expansion and/or modification of the existing water system which must continue to provide service to all customers during construction. Connections and utilities changes must be programmed to provide the least possible interruptions of service. Prior to any shutdown all materials, fittings, supports, equipment and tools shall be on the site and all necessary labor scheduled prior to starting any connection work. The Contractor shall notify the City in writing at least 7 days in advance of any required shutdowns so that affected customers may be notified. In general, shutdowns shall not exceed four hours in duration unless specifically authorized or indicated in the suggested construction sequence. All work shall be conducted in a manner which will minimize shutdowns, open roadways, or traffic obstructions caused by the construction. Shutdowns causing damage to adjacent public and private property shall not be permitted, and any damage resulting shall be the sole responsibility of the Contractor. Planned water service shutdowns shall be accomplished during periods of minimum use. In some cases this will require night or weekend work. The Contractor shall program his work so that service will be restored in the minimum possible time, and shall cooperate with the City in reducing shutdowns of the water system to a minimum. No water interruption will be permitted without the prior approval of the City. The Contractor shall notify residents and businesses at least 48 hours in advance of any required shutdowns PIPING MATERIALS AND INSTALLATION: Pipe and valve sizes are nominal inside diameter unless otherwise noted. All materials delivered to the job site shall be new, free from defects, and marked to identify the material, class, and other appropriate data such as thickness for piping. Acceptance of materials shall be subject to strength and quality testing in addition to inspection of the completed product. Acceptance of installed piping systems shall be based on inspection and leakage and bacteriological tests as specified hereinafter. Buried nuts and bolts for flanges and couplings shall be Type 316 stainless steel unless otherwise specifically specified herein. Fusion Epoxy Coating: Materials and application shall be in accordance with AWWA C213, except application shall be by the fluid bed method only unless the greatest dimension of the article to be coated exceeds 10 feet, in which case electrostatic spray method may be used. All brass components in contact with potable water shall be composed of either CDA/UNS Brass Alloys C89520 or C89833 with a maximum lead content of 0.25% by weight in accordance with ANSI/AWWA C-800. Brass alloys not listed in ANSI/AWWA C-800 Paragraph are not approved. Brass saddles shall be composed of CDA/UNS C A. Pipe Designation: New water mains shall be polyvinyl chloride (PVC) pipe. Service connections shall be copper. B. Ductile Iron (DI) (where needed): 1. Pipe: Ductile iron, Pressure Class 250, AWWA C Joints: Push-on, AWWA C111 as modified. a. Gaskets: Rubber. b. Restrained joints: Provide restrained joints capable of deflection after the restraint is installed. Joints shall not separate under an internal pressure of 200 psi. TR-FLEX by United States Pipe & Foundry Company; equivalent by American Cast Iron Pipe Company; or equal. 3. Fittings: See Section 2.2 of these standard specifications. 4. Lining: Standard thickness cement mortar lining per AWWA C Field closure connections for restrained joints: Pipe cut in the field where necessary and when favorably reviewed by the Engineer shall be connected by one of the following methods: a. TR Flex Gripper Ring System by United States Pipe & Foundry Company; or equal. b. Series 800 Coverall retainer by EBAA Iron, Inc.; or equal. 6. Protection: Polyethylene encasement, AWWA C105, black. Single wrap pipe. Double wrap flanged fittings, mechanical joints, or other appurtenances with significantly different outside diameters from the pipe. Tape to seal seams and overlaps shall be plastic adhesive tape at least 4 mils thick and at least 2 inches wide. a. Provide on all Ductile Iron pipe, joints, and fittings. 47

48 b. Provide external epoxy coating (12 mil thickness minimum) at locations east of California Drive or as directed by the City. C. Polyvinyl Chloride (PVC) 1. No fusible PVC pipe allowed. 2. Pipe: Polyvinyl chloride pressure pipe, cast iron pipe outside dimensions. Pipe shall be UL listed or Factory Mutual Approved. 3. Pressure Class 235 psi. 4. Joints: a. Restrained joints: Bell and spigot (push-on) gasketed, or mechanical joints; both using ductile iron clamp-on restraining devices. 1) Restraining devices: Ductile iron with ductile iron or cor-ten rods and bolts. Pressure rating of at least 200 psi. Series 1500 by EBAA Iron; equivalent by Uni-Flange; or equal for bell and spigot joints. Series 500 by EBAA Iron; equivalent by Uni-Flange; or equal for mechanical joints. 5. Gaskets: Styrene Butadiene Rubber (SBR). Submit two sample gaskets of each gasket type with an explanation of the markings. 6. Fittings: See Section 2.2 of these standard specifications. D. Copper Pipe: 1. Pipe: Copper (Cu), ASTM B88, Type K. 2. Joints: Compression, Flared or Solder E. General Handling and Placing: 1. Exercise great care to prevent injury to or scoring of the pipe lining and coating, as applicable, during handling, transportation or storage; 10% of pipe thickness maximum allowed. Handle fusion epoxy coated pipe in accordance with AWWA C213. Pipe shall not be stored on rough ground and rolling of the pipe on the coating will not be permitted. Contractor shall be responsible for the repair of any damaged pipe sections, specials, or fittings or replace at the direction of the City. 2. Inspect each pipe fitting, valve and accessories carefully before installation. Inspect the interior and exterior protective coatings and patch all damaged areas in the field or replaced at the direction of the City. 3. Place or erect all piping to accurate line and grade and backfill, support, hang, or brace against movement as specified or shown on the Project Engineer s and City s Standard Drawings, or as required for proper installation. Remove all dirt and foreign matter from the pipe interior prior to installation and thoroughly clean all joints before joining. All exposed pipe ends shall be covered and sealed with plastic, and shall not be uncovered until just prior to completing the joint. 4. Use reducing fittings where any change in pipe size occurs. Bushings shall not be used. Use eccentric reducing fittings wherever necessary to provide free drainage of lines. 5. Connections between ferrous and non-ferrous piping and accessories shall be made using a dielectric coupling, union, or flange. F. General Buried Piping Installation: 1. Trenching, bedding, and backfill for buried piping shall be as shown on plan details. 2. Where no grade elevations are shown on the Drawings, buried piping shall have at least 3 feet of cover. 3. Provide each pipe with a firm, uniform bearing for its full length in the trench except at field joints. Do not lay pipe in water or when trench conditions or weather are unsuitable for such work. 4. Protect buried piping against thrust by use of restrained joints and thrust blocks at all fittings and valves. Securely brace all exposed free pipe ends. 5. Do not pull bell and spigot, gasketed joints more than 75% of the maximum deflection permitted by the pipe manufacturer. 6. Service connections shall be installed by open trench method, or using trenchless technologies. This applies for service connections ONLY. G. Water Main Installation: 1. DO NOT MAKE ANY CONNECTIONS BETWEEN THE NEW MAIN AND THE OLD MAIN UNTIL THE NEW MAIN HAS BEEN DISINFECTED AND TESTED AND THE CITY DIRECTS THAT CONNECTIONS CAN BE MADE. MAXIMUM LENGTH BETWEEN OLD AND NEW MAIN SHALL BE 20 FEET. 2. The Contractor is advised that precautions taken to keep the pipeline clean during construction will facilitate achieving the disinfection requirements of this project with a minimum of effort and expense. Compliance with these suggested minimum procedures will not relieve the Contractor of the disinfection requirements. 3. Prior to installation, thoroughly clean the interior of each length of pipe and each fitting or valve and inspect to ensure that no foreign material remains. All exposed pipe ends shall be covered and sealed with plastic, and shall not uncovered until just prior to completing the joint. 48

49 4. Pipe laying shall begin at the low end of the project and proceed uphill, authorized by the City. Pipe bells shall face uphill. 5. Whenever pipe laying is discontinued for short periods, or whenever work stopped at the end of the day, close the open ends of the pipe with plugs or bulkheads. 6. Provide adequate trench pumping to ensure against groundwater contacting the inside of the pipeline at any time. Do not lower any pipe or fitting into trench where groundwater is present and may enter the pipe. When necessary, pump the water from trenches and keep the trench dry until joints have been completed and the open ends of the pipe have been with a watertight plug. Do not remove the plug until the trench has again pumped dry. 7. Keep new pipe sections clean and dry. 8. When making the connection between a new pipeline and an existing or when repairing a damaged pipe, take the following extra precautions: a. Clean the exterior of the existing pipeline of all dirt and debris, and spray or swab with a standard 5.25% or stronger chlorine solution (as specified) in the immediate vicinity of the work. Clean equipment and materials, including new pipe and fittings, to be used in making these connections of all dirt and debris and disinfect them. Allow at least30 minutes contact time for disinfection before the chlorine solution is diluted or rinsed off. Provide sufficient trench pumps to prevent flooding of the trench. b. When an old line is opened, either by accident or by design, the excavation may be wet or badly contaminated from groundwater. Apply liberal quantities of standard chlorine solution or tablets to the open trench areas to lessen the danger from such pollution. Tablets are recommended because they dissolve slowly and continue to release hypochlorite as water is pumped from the excavation. Scatter liberally around and locate the tablets so that flow entering the work site will contact the disinfecting agent. Trench application should be done very carefully to avoid contact by skin and clothing with chlorine solution. 9. Water Department personnel must be present during hot tap and inspection of materials and installation. The location of hot tap to be verified by the Contractor to insure a minimum of 2 feet is kept from tap location and a bell end or end of pipe on a dead end. H. Installation Specifics: 1. Ductile Iron Pipe: a. Buried pipe shall be installed in accordance with AWWA C600. b. Where required by the City, wrap buried pipe with 8 mil polyethylene film in accordance with AWWA C105. Continuously seal seams and overlaps with tape. Seal circumferential overlaps with two turns of tape, half lapped. Gather excess polyethylene on top of pipe so as not to block backfill material from getting under bottom of pipe. Use caution so as not to rip or cut the polyethylene film. Seal any rips or cuts in the film with tape. c. Wherever the pipeline crosses over or under a sewer main or house service lateral, center a standard length pipe, 18-foot minimum, on said sewer main or lateral so as to have the pipeline joints as far as possible away from the sewer. This may require field cutting of some pipe pieces. d. Flanged Joints: Flanged joints shall be made up tight with care being taken to avoid undue strain in the flanges, fittings, and other accessories. Bolt holes shall be aligned for each flanged joint. Bolts shall be full size for bolt holes; use of undersize bolts to make up for misalignment of bolt holes or for any other purpose will not be permitted. Adjoining flange faces shall not be out of parallel to such a degree that the flanged joint cannot be made watertight without over-straining the flange. Replace any flanged pipe or fitting whose dimensions do not allow the making of a proper flanged joint as specified herein by one of proper dimensions. Clean flanges prior to making joints. e. Restrained Joints: Install in accordance with manufacturer's instructions. Pull slack out of joint after makeup. 2. Polyvinyl Chloride Pipe: Installation shall conform to AWWA M23, Chapters 6 and Copper Pipe: a. Bends shall be made in a manner that does not crimp or flatten pipe. b. Dielectric unions shall be installed at connections with ferrous piping. c. Pipe shall have joints squarely cut clean, properly fluxed and heated before solder is placed in the joint. Joints must be driven up tight before solder is added. Compression and flared joints shall be made up in accordance with the manufacturer's instructions PIPE COUPLINGS AND FITTINGS: A. General: 49

50 1. For typical pipe joints refer to pipe material specifications. Other joint devices shall be furnished where called for as specified below. 2. Handle fusion epoxy coated material with care. If material is damaged before installation, the Contractor shall repair or replace at the direction of the City Engineer. B. Fittings: 1. Ductile Iron: Ductile iron or cast iron push-on joints, mechanical or flanged, AWWA C110. a. Provide external epoxy coating (12 mil thickness minimum) and 316 stainless steel bolt up kits for all fittings located east of California Drive or as directed by the City. b. Protection: Polyethylene encasement, AWWA C105, black. Single wrap pipe. Double wrap flanged fittings, mechanical joints, or other appurtenances with significantly different outside diameters from the pipe. Tape to seal seams and overlaps shall be plastic adhesive tape at least 4 mils thick and at least 2 inches wide. 2. Polyvinyl Chloride: Push-on cast iron or mechanical joint, AWWA C110. a. Provide external epoxy coating (12 mil thickness minimum) and 316 stainless steel bolt up kits for all fittings located east of California Drive or as directed by the City. C. Flexible Couplings and Flange Coupling Adaptors: 1. Sleeve: Cast iron or fabricated steel. 2. Followers: Cast iron, ductile iron, or steel. 3. Sleeve bolts: ASTM A325, Type 3; 316 stainless steel; or equivalent. 4. Coating: Fusion epoxy line and coat sleeve and followers. 5. Pressure rating: 200 psi. 6. Buried flexible coupling sleeve: Long barrel 7. Manufacturers: a. Flexible couplings: 1) Connecting pipe with identical outside diameters: Smith-Blair 411 or 431, Dresser Style 38 or 53, or equal. 2) Connecting pipe with slightly different outside diameters: Smith- Blair 413 or R 441, Dresser Style 162, or equal. b. Flange coupling adaptors: 1) Connecting new pipe or new pipe to existing non-ferrous pipe: Smith-Blair 912 or 913, Dresser Style 127 or 128, or equal. 2) Connecting new pipe to existing ferrous pipe: Insulating flange coupling adaptor with insulating boot: Smith-Blair 932 or 933, or equal. 8. Gaskets: Oil and grease resistant; Smith-Blair Grade 60; or equal. 9. Joint restraint: Provide joint harnesses (tie rod lug or attachment plate assemblies) across flexible couplings and flange coupling adaptors where indicated on the Project Engineer s Drawings or City s Standard Drawings. For flanged coupling adaptors, anchor studs may be substituted for the harnesses on pipe up to 12-inch. Design restraint in accordance with AWWA M-11 for 200 psi if size of the rods are not indicated on the Drawings. D. Tapping Sleeves and Tapping Valves: 1. All bolts must be tightened to the manufacture s specifications. All bolts, nuts, and washers shall be Type 316 stainless steel coated with anti-seize. Contractor shall present City with all tapping coupons upon completion of tap. Coupons are to be tagged or marked as to location, date of tap and pipe size. 2. Mueller tapping gate valves shall be as specified in section 2.3 Valves and Accessories Gate Valves. 3. Valve box and riser pipe shall conform to details on the plans. E. Prior to installation, thoroughly clean oil, scale, rust, and dirt from the pipe to provide a clean seat for the gasket. Care shall be taken that the gaskets are wiped clean before they are installed. If necessary, flexible couplings and flanged coupling adapter gaskets may be lubricated with soapy water or manufacturer's standard lubricant before installation on the pipe ends. Install in accordance with the manufacturer's recommendations. Bolts shall be tightened progressively, drawing up bolt on opposite sides a little at a time until all bolts have a uniform tightness. Workers tightening bolts shall be equipped with torque-limiting wrenches or other favorably reviewed type. Anchor studs on restrained flanged coupling adapters shall be installed so as to lock into holes drilled through VALVES AND ACCESSORIES: A. General Requirements for Valves: 1. All valves of each type shall be the product of one manufacturer. 2. All valves shall be of an American manufacturer. 3. All valves shall be furnished with control assembly, operators, handwheels, levers, or other suitable type wrench including handles as specified herein or as shown on the Project Engineer s or City s Standard Drawings. 4. All threaded stem valves shall open by turning the valve stem counter-clockwise. 50

51 5. The exterior of all valves and valve operators shall be painted with two coats of Tape Coat Mastic; Protecto Wrap CA1180 Mastic; or equal, except where otherwise indicated. 6. Provide bronze operating nuts, external epoxy coating, and stainless steel bolt up kits for all valves located east of California Drive or as directed by the City. B. Valves and Accessories: 1. Butterfly valves: a. Rating: 200 psi water. Leak tight in both directions. b. Type: Flanged body, or as shown on the Drawings, AWWA C504, geared operator, resilient seated, 90 degree seating. c. Connections: Flange or Mechanical joint, as shown on the Drawings. d. Materials: Cast iron body; cast iron or ductile iron disc with Ni-Chrome or Type 316 stainless steel edge; Type 304 stainless steel shaft; disc to be secured to shaft with Type 304 stainless steel taper pins. e. Operator: Traveling-nut type, 2-inch standard AWWA nut, designed for buried service, watertight to 10 psi with extension stem as detailed on the Drawings. f. Valve seat: Buna-N seat shall be applied to the valve body. g. Bearings: Self-lubricating and corrosion resistant. h. Finish: Internal, epoxy in accordance with AWWA C504; external, factory applied epoxy. i. Manufacturers: Pratt Groundhog, equivalent by DeZurik, or equal. j. Use on lines 10 inches or greater. 2. Gate Valves: a. Rating: 200 psi water b. Type: Resilient seated, non-rising stem, AWWA C509, as modified herein c. Connection: Flanged or Mechanical joint. d. Materials: Ductile iron body e. Stem seal: O-ring f. Finish: Fusion epoxy coated g. Manufacturers: Mueller; City approved, or equal. h. Use on lines 8 inches or smaller. 3. Valve boxes: a. Per details on plans. C. Wrap buried valve bodies as specified for flexible couplings and flanged coupling adapters. D. Use reducing fittings where any change in pipe size occurs between valves or accessories and the attached pipeline. Bushings shall not be used, unless Use eccentric reducing fittings wherever necessary to provide free drainage of lines. Inspect each piece of pipe and each fitting carefully to see that there is no defective workmanship on pipe, or obstructions in pipes and fittings SERVICE CONNECTIONS: A. General: All corporation stops, service clamps or saddles, and service connection accessories shall be the product of one (1) manufacture. All components shall meet AWWA C800. B. Service Saddles: 1. Rating = 200 psi water 2. Type: a. For Ductile Iron pipe: Bronze, double strap, Mueller BR 2 B, retained o-ring gasket, rolled strap threads, and tapping boss with full length AWWA threads. b. For Polyvinyl Chloride pipe: Mueller series H c. IPS threads are not permitted on 1 inch service. 3. Manufacturer: Mueller Co. or City approved equal. C. Corporation Stops: 1. Rating: 300 psi water 2. Type: AWWA thread inlet; compression connection outlet. IPS threads are not permitted on 1 inch service. 3. Manufacturer: Mueller Co. or City approved equal. D. Angle Stops: 1. Rating: 300 psi water 2. Type: Compression inlet; Meter connection outlet. IPS threads are not permitted. 3. Manufacturer: Mueller Co. or City approved equal. E. Meter Box (add alt) 1. One (1) inch Service - Christy B-12 with solid concrete cover in non-traffic areas and cast iron in traffic areas, marked WATER. 51

52 F. Water Meter (add alt) 1. Neptune Water Meter Type T-10, Ecoder, Radio Read, PIT Version, R900i cu ft., 1 ED2F22RWF APPURTENANCES: Provide all necessary assembly bolts, washers and nuts, thrust blocks, supports, gaskets, flanges, and all other appurtenant items shown on the Project Engineer s or City s Standard Drawings, specified or required for the proper installation and operation of the piping, and devices included in or on the piping, equipment, and piping accessories FIELD QUALITY CONTROL: A. Factory Quality Control: The Contractor shall test all products as required herein and by the reference specifications. B. The Contractor shall: 1. Perform leakage tests. 2. Be responsible for the costs of additional inspection and retesting by the City resulting from non-compliance. 3. Perform bacteriological analysis for pipelines to be disinfected CLEANING: A. Prior to testing, the inside of each completed pipeline shall be thoroughly cleaned of all dirt, loose scale, sand and other foreign material. Cleaning shall be by sweeping, flushing with water internal cleaning device or "pig" or blowing with compressed air, as appropriate for the size and type of pipe. Flushing shall achieve a velocity of at least 3 feet per second. The Contractor shall install temporary strainers, temporarily disconnect equipment or take other appropriate measures to protect equipment while cleaning piping. Cleaning shall be completed after any repairs. B. The Contractor shall comply with the Municipal Regional Stormwater Permit (MRP) for discharge water FIELD TESTING: A. General: Perform leakage tests on all pipe installed in this project. Furnish all equipment, material, personnel, test media and supplies to perform the tests and make all taps and other necessary temporary connections. The test pressure, allowable leakage and test medium shall be as specified. Perform leakage tests on all piping at a time agreed upon and in the presence of the City. B. Buried Piping: Perform the leakage test for buried piping after all pipe is installed and backfilled. However, preliminary tests may be conducted prior to backfill. If preliminary tests are conducted, provide any necessary temporary thrust restraint. C. Accessories: It is the responsibility of the Contractor to block off or remove equipment, valves, gauges, etc., which are not designed to withstand the full test pressure. D. Testing Apparatus: Provide pipe taps, nozzles and connections as necessary in piping to permit testing, addition of test media, and draining lines and disposal of water, as is necessary. Plug these openings in a manner favorably reviewed by the Engineer after use. Provide all required temporary bulkheads. E. Correction of Defects: If leakage exceeds the allowable, repair or replace the installation and repeat leakage tests as necessary until conformance to the leakage test requirements specified herein have been fulfilled. All visible leaks shall be repaired even if the pipeline passes the allowable leakage test. F. Reports: Keep records of each piping test, including: 1. Description and identification of piping tested. 2. Test pressure. 3. Date of test. 4. Witnessing by Contractor and City. 5. Test evaluation. 6. Remarks, to include such items as: a. Leaks (type, location). b. Repairs made on leaks. c. Submit test reports to the City. G. Venting: Where not shown on the Drawings, the Contractor may install corporation stops with saddles or "TEES" with shutoff valves at high points on piping to permit venting of air. Valves shall be capped after testing is completed. H. Testing Specifics: 1. Water Transmission Mains: a. Method: AWWA C600, as modified herein. b. Duration: Two hours. c. Pressure: Hydrostatic test equal to 200 psi. d. Medium: Potable water. e. Allowable Leakage: Leakage shall be defined as the quantity of test medium that must be added to the section of pipeline being tested to maintain the specified test pressure for the specified test duration. Maximum allowable leakage shall be as specified in AWWA C

53 DISINFECTION OF POTABLE WATER SYSTEMS: A. Disinfect all water mains and interconnected piping after testing and before being placed into service to ensure their bacteriological safety. Disinfection shall be accomplished under the supervision of the Contractor by a person skilled and experienced in the operation of water systems. Following disinfection and flushing, the Contractor will take water samples for bacteriological analysis of the water. If the specified bacteriological requirements are not satisfied, the disinfection procedure must be repeated until the requirements are met. B. Mains, Services, Hydrants, and related material: 1. Standard: AWWA C651 as amended herein. 2. Forms of Chlorine: Sodium hypochlorite or calcium hypochlorite. 3. Method: Continuous-Feed. C. Chlorine Residual Testing: AWWA C651, Appendix A, DPD Drop Dilution Method, except where otherwise specified. D. Bacteriological Analyses of Water: After the completion of disinfecting procedure, including the final flushing as described heretofore, the Engineer will obtain water samples from this system for bacteriological analyses. Requirements for satisfactory disinfection of water supply are that bacteriological analyses (Heterotrophic plate count) indicate that water samples are negative for coliformnerogenes organisms, and that total plate count is less than 100 bacteria per cubic centimeter. If bacteriological analyses do not satisfy the above requirements, then disinfection procedure must be repeated until these requirements are met. E. Disposal of Disinfection Solution: Dechlorinate and dispose of disinfection solution in accordance with applicable regulations and Section Take special measures to prevent chlorinated water from entering the ground, surface water, or sanitary sewer and storm drainage systems. Dechlorinate chlorinated water prior to discharge ABANDONMENT: Cut existing valves riser 12 inches (12 ) below surface and fill riser with concrete. Repair surface. See plans for details. SECTION CONCRETE PORTLAND CEMENT CONCRETE: Curbs & gutters, sidewalks, valley gutters, and driveways shall be Class B concrete and shall conform to the provisions in Section 73 Concrete Curbs and Sidewalks, and Section 90-2 Minor Concrete of the Standard Specifications and these special provisions and as directed by the Engineer. Provide all labor, material, power, tools, transportation, services, and equipment necessary for the installation of all plain and reinforced concrete work as shown on the Drawings and specified herein. The work includes but is not limited to the installation and removal of all formwork; placement and bending of reinforcement; finishing, curing and protecting the concrete; and installing dowels. WORK SPECIFIED UNDER OTHER SECTIONS Consult all other Sections to determine extent and character of work specified elsewhere but related to that included in this Section. Work specified herein shall be properly coordinated with that specified. All work shall be in accordance with the following sections of the Standard Specifications. Section 26 Section 51 Section 52 Section 73 Section 90 Aggregate Base Concrete Structures Reinforcement Concrete Curbs and Sidewalks Portland Cement Concrete. GENERAL REQUIREMENTS Quality Control: Contractor shall be responsible for the determination of concrete mixes to provide the required compressive strength and other requirements set forth under this Section. Concrete mix designs shall be submitted to the Engineer for review 53

54 before ordering the concrete. Concrete shall contain at least 505 lbs of cementitious materials per cubic yard in conformance with Section B of the Standard Specifications. Samples: Samples of all material under this Section shall be supplied, as required, for testing, as specified herein or as directed by Engineer. Concrete cylinders and slump testing of concrete at placement may be performed at Engineer s direction. Contractor shall supply sufficient representative samples for testing in accordance with ACI 318 and related specifications. Cleanup: Contractor shall clean up and remove from the site all spillage, overpour, discarded forming materials, rejected work or materials, and any other refuse or debris resulting from his work. The Contractor shall provide for access into properties adjacent to construction during the curing process by a means acceptable to the Engineer. Concrete curb and gutter, median curbs, sidewalks, driveways, curb ramps shall be in conformance with the Drawings. Concrete construction shall consist of fine grading as necessary, subgrade preparation, placement and compaction of Class 2 aggregate base and any fill materials, forming, placing, finishing, stripping of forms, construction of depressions for driveways and access ramps, curing and protection from damage during construction. The concrete construction shall also include any work necessary to make a neat conform with existing concrete including sawcutting, pavement removal, and doweling. Concrete construction damaged prior to final acceptance of the project shall be removed and replaced at the direction of the Engineer at the sole expense of the Contractor A MATERIALS: CEMENT Portland Cement: Type V or Type II modified cement conforming to ASTM C150. AGGREGATES Coarse Aggregate: Gravel, crushed gravel, crushed rock, or combinations thereof, free from vegetable matter and other deleterious substances, from an approved source. Fine Aggregate: Natural sand or a combination of not less than 50% natural and manufactured sand, free from deleterious coatings, roots, bark, sticks, rags, and other extraneous material. All fine aggregate shall be thoroughly and uniformly washed. Combined aggregate grading shall conform to the requirements of 1 inch maximum grading. MISCELLANEOUS Water: Clean and free from deleterious amounts of acids, alkalis, salts, or organic materials. Concrete curing compound shall conform to Section 90 of the Standard Specifications. Forms: Forms shall conform to lines and dimensions shown, mortar tight, rigid and braided, and tied to prevent sagging or displacement. Form ties and similar accessories shall be such that all metal will be at least 1 inch from surface when forms are stripped. Premolded Expansion Joint Material: rubberized expansion joint materials conforming to ASTM D1751 and shall be ¼ thick to the full depth of the concrete section. Class 2 aggregate base shall be in conformance with Section 26 of the Standard Specifications B EXECUTION: MIXING AND PLACING CONCRETE 54

55 Concrete Mixture: Concrete for slabs, curbs and un-reinforced structures shall be Class B Portland Cement concrete and shall have a 2,000 psi 28 day strength. Slump shall be not more than 4 inches. Slump shall not be more than 4 inches. Mixing may be performed at the site or by ready-mixed methods. Total amount of water in mix shall include free water in aggregate, and the amount of water added to mixing drum shall be regulated accordingly. PORTLAND CEMENT CONCRETE CURB AND GUTTER New curb & gutter shall be scored to match existing scoring patterns. All score marks and joints shall be hand tooled. Contractor shall replace the same width gutter pan as what is removed prior to replacement. The contractor shall assume that all curb and gutter locations will require the need to remove a large amount of tree roots of various sizes, and remove and replace unstable base material and/or other foreign debris. After removing the existing concrete curb and gutter, the contractor shall investigate the existing base material to determine if tree roots, unstable base material and/or other foreign debris are contaminating the base, causing displacement of the concrete. If tree roots, unstable base material and/or other foreign debris are present, the contractor shall remove and dispose of all tree roots, foreign debris, and base material within the replacement area to a depth of 12 below the base of curb & gutter and shall replace the section with 6 of new aggregate base compacted to ninetyfive percent (95%) minimum relative compaction over 6 of compacted native material. Contractor is to take caution, as tree roots may be of various sizes, thickness, and denseness. Contractor shall not assume that the linear footage quantities in the street list are one continuous section of curb and gutter. If the individual location in the street list indicates 50 LF of curb and gutter, the contractor shall not assume that it will require 2 saw cuts, one at each end. Some locations may have multiple 5 LF, 10 LF, 15 LF, etc., sections within the total 50 LF, providing for the need of multiple saw cuts, removals, and replacements. Contractor shall repair and reconnect any and all irrigation that is damaged due to construction on the same day that the damage occurs. Contractor shall clean and flush the irrigation line as needed in order for the line to be fully functional and be acceptable to the satisfaction of the Engineer and the property owner. Contractor shall repair any and all landscaping that is damaged due to construction activities. Repairs shall be made to the satisfaction of the Engineer and the property owner. Removal limits for all locations have been marked out in the field. The height of the curb face may vary at various locations. There shall be no change in contract price for varying curb face heights. The Contractor is responsible for field verifying all locations and conditions prior to bidding this project. Asphalt concrete adjacent to curb & gutter shall be neatly saw cut and removed one (1) foot from the gutter lip prior to demolition. The adjacent road base and sub-base material shall also be removed to a depth of six (6) inches. The void left after gutter replacement shall be backfilled with full depth ½ medium asphalt concrete and compacted to a minimum ninety-five percent (95%) relative compaction. The cost of supplying and installing the asphalt concrete to fill the void is considered incidental to and included in the bid items that require removal and replacement. When replacing asphalt the contractor shall follow City of East Palo Alto standard drawing for trench backfill standard details. Depending on the field conditions the inspector or project manager will make a determination what is to be used when repairing a trench. Asphalt concrete shall conform to Section 39 of the State Standard Specifications and to these Special Provisions. Contractor shall protect all concrete from vandalism and graffiti at no additional cost to the Agency. In the event that concrete is vandalized and/or contains graffiti, the contractor shall remove and replace the effected section to the nearest score line at no additional cost to the City. Measurement: Curb and gutter shall be measured by the linear foot as measured along the face of curb in the field including the lengths through driveways, storm drain inlets, and along access ramps and tree bulbouts. No additional or separate payment shall be made therefore. PORTLAND CEMENT CONCRETE SIDEWALKS Concrete sidewalk shall be in conformance with the Drawings. 55

56 New sidewalk shall be scored to match existing score patterns. All score marks and joints shall be hand tooled. Concrete sidewalk shall be 4 thick. Concrete shall be from an approved ready mix distributor. Concrete shall not be manufactured onsite. Sidewalk located directly behind a driveway approach shall be installed at a depth of 6. The contractor shall assume that all sidewalk locations will require the need to remove a large amount of tree roots of various sizes, remove and replace unstable base material and/or other foreign debris. After removing the existing concrete sidewalk, the contractor shall investigate the existing base material to determine if tree roots, unstable base material and/or other foreign debris are contaminating the base, causing displacement of the concrete. If tree roots, unstable base material and/or other foreign debris are present, the contractor shall remove and dispose of all tree roots, foreign debris, and base material within the replacement area to a depth of 16 below finished grade, and shall replace the section with 8 of new aggregate base compacted to ninety-five percent (95%) minimum relative compaction. Contractor is to take caution, as tree roots base may be of various sizes, thickness, and denseness. Payment for aggregate base shall be included in this bid item and no additional payment shall be made. During root removal it is possible that the entire tree (including the stump) may need to be removed. The removal of tree roots to provide a suitable surface and sub-grade for the right-of-way improvements can cause the tree to die and/or become unstable to support its own weight. The City shall determine if the tree is viable, self sustaining, and stable; or if it should be removed. Tree roots shall be removed as indicated and shall be neatly cut with a jackhammer or saw to the satisfaction of the Engineer. Contractor shall not assume that the square footage quantities in the street list are one continuous section of sidewalk. If the individual location in the street list indicates 250 SF of sidewalk, the contractor shall not assume that it will require 2 saw cuts, one at each end. Some locations may have multiple 25 SF, 50 SF, 75 SF., etc., sections within the total 250 SF, providing for the need of multiple saw cuts, removals, and replacements. Contractor shall repair and reconnect any and all irrigation that is damaged due to construction on the same day that the damage occurs. Contractor shall clean and flush the irrigation line as needed in order for the line to fully and acceptable function to the satisfaction of the Engineer and the property owner. Contractor shall repair any and all landscaping that is damaged due to construction activities. Repairs shall be made to the satisfaction of the Engineer and the property owner. Removal limits for all locations have been marked out in the field. The Contractor is responsible for field verifying all locations prior to bidding this project. Contractor shall protect all concrete from vandalism and graffiti at no additional cost to the Agency. In the event that concrete is vandalized and/or contains graffiti, the contractor shall remove and replace the effected section to the nearest score line at no additional cost to the agency. Measurement: Concrete sidewalks shall be measured by the square foot as determined in the field deducting the area of driveways being measured from edge of flare to edge of flare. No additional or separate payment shall be made therefore. No payment shall be made for portland cement concrete placed outside the limits directed by the Engineer. Payment: Full compensation for conforming to the above requirements for Concrete shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore SUBGRADE PREPARATION: A. The subgrade shall be thoroughly wetted and then compacted with two passes of a 500 pound roller. B. Yielding material deflecting more than 1/2" under the specified roller shall be removed to a depth of not less than 4" below subgrade elevation and replaced with an approved granular material which shall then be compacted as described above. C. The subgrade shall be in a moist condition when the concrete is placed. D. The City will direct Contractor for compaction of subgrade in tree zones to protect tree roots FORM CONSTRUCTION: A. Install sufficient quantity of forms to allow continuous progress of the work and so that forms can remain in place at least 24 hours after concrete placement. B. Check completed formwork for grade and alignment to the following tolerances: 56

57 1. Top of form: Not more than 1/16" in 10 feet. 2. Vertical face: Longitudinal axis not more than 1/4" in 10 feet EXPANSION JOINTS: A. Install transverse expansion joints at returns and 10 feet o.c., or as required by City. There shall always be an expansion joint at the point where curved and tangent sections of curb or combination curb and gutter sections joint. B. Install expansion joints where curbs abut concrete paving, stationary structures, buildings, other concrete slabs, pads or vertical restraints. C. Fill joints with 1/2" thick joint filler strips conforming to ASTM D1751 or D1752, or with resin-impregnated fiberboard conforming to the physical requirements of ASTM D1752. D. Place joint filler with top edge 1/4" below the surface and shall be held in place with steel pins or other devices to prevent warping of the filler during floating and finishing. E. Immediately after finishing operations are completed, round joint edges with edging tool having a radius of 1/8". Remove concrete over the joint filler. F. At the end of the curing period, clean and fill expansion joints with joint sealer conforming to ASTM D1850. Fill joints flush with concrete surface. Dummy groove joints shall not be sealed PLACEMENT, FINISHING AND CURING: Workmanship shall be of the highest standards. During finishing, cement shall not be applied to the dry concrete surface. Surfaces shall be consistently finished through the job. Scored joints shall be deeply tooled, straight and level. Tooling: Tool the edges of all joints, pavements. Form 45 degrees, 3/4" chamfer at all corners and edges of curbs. Deep score lines or weakened plane joints shall be 1-1/2" deep, straight, even, tooled, or sawed. The width shall be the minimum possible and not to exceed 1/4". Medium Broom Finish: The freshly placed slab shall be compacted and screeded uniformly to grade. The finished surface shall not vary more than 1/8 inch from a straight edge 10 feet in length. The surface shall be trowelled to a uniform smooth surface followed by directional, even, and uniform medium brooming. Use alternate brooming direction on adjacent squares separated by score line so that a checker-board pattern is visually apparent. Sidewalks shall be marked off in squares not to exceed 30 inches in dimension with a continuous score mark 6 inches from the curb. Scoring shall be straight and to a minimum depth of 1/8 inch. Weakened plane joints 2 inches deep for sidewalk and 3 inches deep for driveways shall be placed at 10 foot nominal intervals. ½ thick full width expansion joints shall be placed at 20 foot nominal intervals. Cleaning: Upon removal of forms, all bolts, wires, ties, spreaders, etc. shall be removed, cut, or broken back at least 1 inch below the surface of the concrete and resulting imprint chipped out as required and patched with mortar as specified. All projections shall be removed and all other minor irregularities in exposed concrete surfaces shall be removed and/or cut back and patched as directed by the Engineer. All other work stained by leakage of concrete shall be cleaned and repaired. Patching Material: Cement mortar consisting of 1 part cement, and 2 parts sand by volume with just enough water to ensure workability. Exposed patches shall be colored to match the neighboring surface in color. After cleaning and filling with specified mortar, all patches shall be washed and rubbed smooth and even with carborundrum brick to a uniform finish matching existing work. Defective Work: Such as under-strength concrete, concrete out of line, level or plumb, or showing objectionable cracks, honeycomb, rock pockets, voids, spalling, exposed reinforcing, etc., shall be repaired or removed and replaced as directed by and to the satisfaction of the Engineer. All cleaning, patching, and repairs shall be subject to the Engineer s approval and acceptance. A. Moisten subgrade as required to reduce suction at the time concrete is placed. Do not place concrete around structures until they have been brought to the required grade and alignment. B. Deposit and spread concrete in a continuous operation between transverse joints. If interrupted for more than 1/2 hour, place a construction joint. Sections less than 10 feet in length between transverse joints will not be permitted except that in short radius curve sections shall not exceed 6 feet in length. C. Automatic machine may be used for curb and gutter placement at Contractor's option, if accepted by local authorities. If machine placement is to be used, submit revised mix design and laboratory test results. Machine placement must produce 57

58 curbs and gutters to the required cross-section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete as specified. D. After spreading and compacting, finish unformed surfaces with a wood float to produce a uniform texture and finish throughout. Inspect formed surfaces immediately after stripping forms, grind down fins and repair sand runs and honeycombs with the same mix used for the curbs and gutters minus the coarse aggregates. Mortar used in pointing shall not be more than one hour old. All surfaces shall be kept wet during the finishing operation. E. Curing: Immediately after the finishing operations, the exposed concrete surface shall be cured for a minimum 7 days. F. Backfilling: After curing, debris shall be removed and the areas adjoining shall be backfilled, graded and compacted to conform to the surrounding area in accordance with the lines and grades indicated PROTECTION: Protect completed work from damage until accepted. Repair damaged concrete and clean concrete discolored during construction. Work that is damaged shall be removed and reconstructed to the entire length between regularly scheduled joints. Refinishing the damaged portion will not be acceptable. SECTION ASPHALT CONCRETE PAVING ASPHALT CONCRETE: Asphalt concrete shall conform to Section 39 Asphalt Concrete of the Standard Specifications and these special provisions. Asphalt concrete used for paving the roadways shall be Type B, meeting the ½ maximum, medium aggregate grading requirement as specified in Section 39 of the Standard Specifications. The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the Engineer in accordance with California Test 367 using the samples and aggregates furnished by the Contractor in conformance with Section Proportioning of the Standard Specifications. SUBMITTALS Contractor shall submit certificates from materials suppliers stating that materials conform to requirements of this section. Contractor shall submit asphalt concrete mix designs to be approved by the Engineer. TESTING Tests for compaction of asphalt concrete will be made by the City A MATERIALS: AGGREGATE BASE Class 2 aggregate base to be used in construction of pavements, sidewalks and other improvements shall conform to the requirements of Section 26 of the State Specifications. AGGREGATE Mineral aggregate for asphalt concrete depths less than or equal to 0.11 shall conform to the requirements of Section 39 of the State Specifications and Type B, 1/2 inch maximum size, medium grading. ASPHALT BINDER Asphalt binder to be mixed with aggregate shall be steam-refined paving asphalt conforming to the requirements of Section 92 of the State Standard Specifications. Unless otherwise specified, paving asphalt shall be AR The amount of asphalt binder to be mixed with the aggregate shall be between 4 percent and 6 percent by weight of the dry aggregate. The exact amount of asphalt binder to be mixed with the aggregate will be determined by the mix design. PRIME COAT Prime coat shall be liquid asphalt conforming to the requirements of Section 93 of the State Standard Specifications. Unless otherwise specified liquid asphalt for prime coat shall be Grade SC

59 PAINT BINDER (TACK COAT) AND FOG SEAL Paint binder (tack coat) shall conform to the requirements of Section 94 of the State Standard Specifications for Slow Setting Type Emulsion, Grade SS1H. Fog sealing is not required B EXECUTION: The surface of the pavement to receive asphaltic concrete shall be swept clean of all soil, vegetation and debris with a self propelled pick-up street broom machine immediately prior to placement of asphalt binder. For leveling and overlay construction, asphalt concrete shall be placed with an asphaltic paving machine. Paving machine shall be self-propelled mechanical spreading and finishing equipment, provided with an automatic screed control. Pavement joints are to be at the lane line locations wherever possible. The automatic screed control shall include a mobile grade reference (ski type), or equivalent and provision for automatic control of transverse slope. At road connections designated by the Engineer, additional asphalt concrete surfacing material shall be placed and hand raked, if necessary, and compacted to form smooth tapered connections. The Contractor is further advised that it will be his responsibility to assure that the existing drainage patterns are to be maintained at all locations or as directed by the Engineer. Full compensation for furnishing all labor and tools and doing all work necessary to hand rake said connections shall be considered as included in the Contract price paid per ton for asphalt concrete and no additional compensation will be allowed therefore. PRIME COAT Before placing asphalt concrete on bare aggregate base, a liquid asphalt prime coat shall be applied to the base course in accordance with applicable provisions of Section 39 of the State Standard Specifications and as may be modified by the Engineer. Prime coat shall be applied at the rate of 0.25 gallons per square yard. PAINT BINDER (TACK COAT) Before placing asphalt concrete, an asphalt-emulsion paint binder (tack coat) shall be applied to all horizontal and vertical surfaces of existing pavement and to vertical surfaces of curbs, gutters, conforms, and construction joints in accordance with the applicable portions of Section 39 of the State Standard Specifications. Paint Binder shall be applied at the rate of 0.10 gallons per square yard. ASPHALT CONCRETE Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Section , Compacting, of the State Standard Specifications, the paving operations shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment which will produce the desired results. The area to which paint binder has been applied shall be closed to public traffic. Care should be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction. A drop-off of more than 0.15-foot will not be allowed at any time between adjacent lanes open to public traffic. The Contractor shall schedule paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 feet nor less than 5 feet. Additional asphalt concrete shall be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume. Section of the State Standard Specifications, Compacting, is amended by deleting the fourth through twelfth paragraphs and adding the following after the fourteenth paragraph: 59

60 Asphalt concrete shall be compacted to 95 percent of the maximum theoretical unit weight. Compaction will be determined by California Test 375. Laboratory specimens will be compacted in conformance with California Test 304. The asphalt concrete will be tested by lots, as specified in California Test 375. If any lot tested has a relative compaction below 95.0 percent, but above 94.5 percent, the Contractor will be advised that he is not attaining the desired relative compaction and that his materials or his procedures, or both need adjustment. Any lot of asphalt concrete that has a relative compaction of less than 94.5 percent shall be removed and replaced by the Contractor at no cost to the City, except that, if requested in writing by the Contractor and agreed to by the City, a lot with a relative compaction of 94.5 percent or greater may be accepted on the basis of a reduced payment. Section of the State Standard Specifications, Payment, is amended by adding the following after the first paragraph: Asphalt concrete in a lot that is accepted on the basis of reduced payment will be paid for at the contract prices for the items of asphalt concrete involved multiplied by the following factors: Relative Compaction (Percent) Pay Factor Relative Compaction (Percent) Pay Factor 94.5 and above to to to to to ASPHALT CONCRETE LEVELING Where necessary, when directed by the Engineer and before the installation of the asphalt concrete overlay, asphalt concrete shall be spread to level irregularities, depressions and to provide a smooth base so subsequent layers will be uniform in thickness. The asphalt concrete may be spread with equipment and procedures to conform to the requirements of the State Standard Specifications. TOLERANCE The finished surface of the asphalt pavement shall conform to the smoothness tolerances as stipulated in Section of the State Standard Specifications. Areas of pavement which fail to meet smoothness tolerances shall be repaired by fine surface grinding at no additional cost to the City. The thickness of the finished pavement shall not be less than the planned thickness at any point. DAMAGE REPAIR The Contractor shall be responsible for any damage to existing curbs, gutters, sidewalks and driveways and any asphalt concrete, liquid asphalt or asphaltic emulsion stains occurring during the course of this Contract. Such damage shall be cleaned by sandblasting or any other method satisfactory to the Engineer. The cost of repairing this damage shall be considered as included in the unit price paid for asphalt concrete and no additional compensation shall be allowed. Payment: Full compensation for conforming to the above requirements for Asphalt Concrete shall be considered as included in the contract prices paid for the various contract items of work, and no additional compensation will be allowed therefore FINISHING ROADWAY: Finishing roadway shall conform to the provisions in Section 22 "Finishing Roadway" of the Standard Specifications. Payment Full compensation for finishing the roadway shall be considered as included in the prices paid for the various contract items of work requiring finishing and no additional compensation will be allowed therefore. 60

61 QUALTIY ASSURANCE: A. Reference Standards: 1. State of California Department of Transportation Standard Specifications, latest edition. Refered to herein as "Caltrans". B. Field Samples (Pavement Coring): 1. City reserves the right to make corings of the bituminous paving to establish the depth of the paving layers. 2. The location and timing of the corings shall be at the discretion of the City and at City's expense. 3. The indicated depths are minimum; if a core indicates undersize, the City may require additional corings (at no expense to City) to establish the extent of the undersizing. 4. If undersizing is indicated, methods of correction shall be submitted for City's approval. Correction shall be at no expense to City. 5. Fill boring holes with bituminous material SUBMITTALS: 1. Asphalt Mix 2. Tack Coat 3. All Sealers SUBGRADE PREPARATION: A. Backfill shall be earth compacted to density specified in Section Earthwork. The Contractor shall be solely responsible for all lines, levels and measurements for this work. He shall provide his own instruments and survey crew to maintain this control throughout the duration of his work. The City will assist only to the degree that he will point out the corner monuments and benchmarks. B. Bituminous paving shall not be placed when the ambient temperature is below 40 F., or when there is frost in the base, during rain, or any other time when weather conditions are unsuitable. C. Preparing Area to be Paved: The area to be paved shall be substantially true to line and grade. It shall have a dry, firm and properly prepared surface before paving operations begin. All loose and foreign material shall be removed. D. Generally, the asphalt base shall be applied separately from the surface course. Early in the project the granular base and asphaltic base (or "binder") course shall be applied in conjunction with curbs, gutter, stormdrains and other site utilities, to provide a satisfactory surface for construction traffic PAVING: A. After preparing the subgrade as required in Section Earthwork, the Contractor shall provide base per these contract documents. B. Prime granular base with 0.25 gal/yd 2 of cutback asphalt prime coat as specified herein. Immediately prior to application of the asphalt prime coat all loose and foreign material shall be removed by sweeping or by blowing, or both. Surfaces of curbs, gutters, vertical faces of existing pavements, and all structures to be in actual contact with the asphalt-aggregate mixture shall be given a thin, even coating of asphalt material. Care shall be taken to prevent splattering with asphalt surfaces that will be in contact with asphalt-aggregate mixture. C. Placing the Mix: The surface course mixtures shall be placed with an asphalt paver to provide a nominal compacted thickness of 3 for regular duty, and 4 for heavy duty paving. Placing the mixture shall be a continuous operation. If any irregularities occur, they shall be corrected before final compaction of the mixture. The minimum lift thickness (surface course) shall be at least two times the maximum particle size. D. Compacting the Mix: The mix shall be compacted immediately after placing. Initial rolling with a steel-wheeled tandem roller, steel three-wheeled roller, vibratory roller, or a pneumatic-tired roller shall follow the paver as closely as possible. If needed, intermediate rolling with a pneumatic-tired roller shall be done immediately behind the initial rolling. Final rolling shall eliminate marks from previous rolling. In areas too small for the roller, a vibrating plate compactor or a hand tamper shall be used to achieve thorough compaction. E. Tack Coat: A tack coat of 0.15 gal/yd 2 of diluted emulsified asphalt, of the type and grade designated herein, shall be applied on each layer of the base course and allowed to cure before placing the succeeding course. The emulsified asphalt shall be diluted with equal parts of water. The tack coat shall be applied on only as much pavement as can be covered with asphaltaggregate mixture in the same day. F. Acceptance Requirements: 1. Acceptance of the compacted mixture with respect to density shall be based on relative density (specific gravity). Relative density is the ratio, expressed in percent, between the density determined on a specimen of compacted mixture from the finished pavement with the theoretical maximum specific gravity. Both the field specimen and the mixture used to prepare the laboratory sample shall be obtained from the same truckload of material. Obtain ten 61

62 evenly distributed samples from the paved areas by coring. Determine the specific gravity of samples using ASTM Method of Test D1188. Determine the theoretical maximum specific gravity in accordance with ASTM Method of Test D2041. The compacted base and surface will be accepted when the average of the five specific gravity determinations is equal to or greater than 92 percent of the theoretical maximum specific gravity and when no individual determination is lower than 90 percent. 2. Thickness: The same cores used to test density (specific gravity) will be used to measure the thickness of the pavement in accordance with ASTM Method of Test D3549. The compacted base and surface shall have average thicknesses no less than specified on the Drawings and in this Section. Any deficiency in base thickness shall be made up with surface mixture when the surface course is placed. 3. Smoothness: The surface of the completed pavement will be checked longitudinally and transversely for smoothness with a 10 foot straightedge. The surface shall not vary more than 1/8 inch in 10 feet parallel to the centerline and not more than 1/4 inch at right angles to the centerline. G. After final rolling, no traffic shall be permitted on paving until it has cooled and hardened and in no case less than 6 hours. H. The paved areas shall drain to drain; no bumps or "bird baths" will be accepted. I. The black top shall be clean and free of dirt or debris, ready for traffic pavement marking painting, after a minimum 30 day curing period. J. Traffic pavement marking shall be replaced in-kind. 62

63 SECTION 11. (BLANK) SECTION 12. (BLANK) SECTION 13. (RELATIONS WITH RAILROAD, NOT USED) 63

64 PROPOSAL TO THE CITY OF EAST PALO ALTO COMMUNITY DEVELOPMENT DEPARTMENT / ENGINEERING DIVISION CONTRACT NO. CIP-WD-04 NAME OF BIDDER BUSINESS P.O. BOX CITY, STATE, ZIP BUSINESS STREET ADDRESS (Please include even if P.O. Box used) CITY, STATE, ZIP TELEPHONE NO: AREA CODE ( ) FAX NO: AREA CODE ( ) CONTRACTOR LICENSE NO. The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the latest edition of the California Department of Transportation Standard Specifications, Standard Plans, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. The special provisions for the work to be done are entitled: CITY OF EAST PALO ALTO COMMUNITY DEVELOPMENT DEPARTMENT / ENGINEERING DIVISION NOTICE TO CONTRACTORS AND SPECIAL PROVISIONS FOR WATER MAINS REPLACEMENT PROJECT CIP-WD-04 IN THE CITY OF EAST PALO ALTO, COUNTY OF SAN MATEO, CALIFORNIA Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows: 64

65 (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the City of East Palo Alto s Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY OF EAST PALO ALTO, and that discretion will be exercised in the manner deemed by the CITY OF EAST PALO ALTO to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY OF EAST PALO ALTO respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. If this Proposal shall be accepted and the undersigned should fail to contract as aforesaid or should fail to give the "Faithful Performance" Surety Bond in the sum of one hundred percent (100%) of the contract bid, Payment Bond in the sum of 100% of the contract bid, plus any increases authorized by the City, the "Labor and Material" Surety Bond in the sum of one hundred percent (100%) of the contract bid, and certificates of insurance covering Public Liability and Property Damage in amounts satisfactory to the City Engineer and a Certificate of Insurance covering Workmen's Compensation Insurance, within ten (10) days not counting Sundays and legal holidays, after the Bidder has received notice from the City that the Contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the Contract, thereupon this Proposal and the acceptance thereof shall be null and void, and the forfeiture of any security accompanying this Proposal shall operate and the same shall become the property of the City of East Palo Alto, State of California. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the CITY OF EAST PALO ALTO, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following prices, to wit: 65

66 WATERMAINS REPLACEMENT PROJECT 2015, PROJECT NO. CIP-WD-04 CITY OF EAST PALO ALTO, CALIFORNIA Base Bid Schedule (Jervis, Georgetown, and Gonzaga Streets) ITEM NO. ITEM DESCRIPTION EST. QUANTITY UNIT OF MEASURE UNIT PRICE TOTAL AMOUNT 1 Mobilization (maximum 2% of total bid) 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 8 PVC Water Main 2,620 LF $ $ 4 1 Copper Service Pipe 1,550 LF $ $ 5 6 Connection to 6 Main (includes all fittings and valves for connection) 12 x8 tap (includes all fittings and valves for connection 4 EA $ $ 2 EA $ $ 7 FH Connection 3 EA $ $ Total Base Bid Schedule Amount: $ Alternative Bid Schedule I (Laurel Avenue) ITEM NO. ITEM DESCRIPTION EST. QUANTITY UNIT OF MEASURE UNIT PRICE TOTAL AMOUNT 1 Mobilization (maximum 2% of total bid) 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 8 PVC Water Main 730 LF $ $ 4 1 Copper Service Pipe 320 LF $ $ 5 Connection to 6 Main (includes all fittings and valves for connection) 1 EA $ $ 6 12 x8 tap (includes all fittings and valves for connection 1 EA $ $ Total Alternative Bid Schedule II Amount: $ Alternative Bid Schedule II (Mello Avenue) ITEM NO. ITEM DESCRIPTION EST. QUANTITY UNIT OF MEASURE UNIT PRICE TOTAL AMOUNT 1 Mobilization (maximum 2% of total bid) 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 8 PVC Water Main 530 LF $ $ 4 1 Copper Service Pipe 60 LF $ $ 5 Connection to 6 Main (includes all fittings and valves for connection) 1 EA $ $ 6 12 x8 tap (includes all fittings and valves for connection 1 EA $ $ Total Alternative Bid Schedule III Amount: $ (Abbreviation: LS = Lump Sum; LF = Lineal Foot; EA = Each, SF= Square Feet, CY = Cubic Yards; SY=Square Yard) 66

67 Base Bid Amount - Basis of Award $ Total Base Bid Amount (in Writing) Basis of Award: Note: The estimates of construction quantities set forth herein are approximate only, being given as a basis for the comparison of bids. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to change the amount of any class or portion of the work including the elimination of the Alternative Bid Schedule or to omit portions of the work as may be deemed necessary or expedient by the Engineer. All bids will be compared on the basis of the Engineer's Estimate of quantities of the work to be done. The undersigned declares, by their signature to this proposal, that the bidder has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Accompanying this Proposal is (insert the words "Cash", "Cashier's Check", "Certified Check", or "Bidder's Bond", as the case may be, made out to the City of East Palo Alto), in amount equal to at least ten percent (10%) of the total bid. 67

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69 BIDDER INFORMATION SHEET (To be submitted with Proposal form) To The City of East Palo Alto: Pursuant to "Notice Inviting Bids," Specifications, Instruction to Bidders, and subject to all provisions of the Ordinances of the City of East Palo Alto and applicable laws and regulations of the United States and the State of California, the undersigned hereby proposes to furnish to the City of East Palo Alto, complete at the prices stated herein, the services hereinafter mentioned. IF A SOLE OWNER OR SOLE CONTRACTOR, SIGN HERE: 1) Name under which business is conducted 2) Signature (Christian and surname) of Proprietor 3) Place of business (Street and Number) City and State 4) Telephone Number Zip Code IF A PARTNERSHIP, SIGN HERE: 1) Name under which business is conducted 2) Signature (Christian & surname) of each member of partnership: (Indicate character of each partner - general or special.) 3) Place of business (Street and Number) City and State 4) Telephone Number Zip Code IF A CORPORATION, SIGN HERE: 1) Name under which business is conducted 2) Signature, with official title of officer authorized to sign for the Corporation (Impress Corporate Seal Here) 3) Incorporated under the laws of the State of 4) Place of business (Street and Number) City and State 69

70 5) Telephone Number Zip Code The undersigned further acknowledges receipt of addenda as listed below, and represents that any additions or modifications to, or deletions from, the work called for in these addenda, are included in the total bid sum. Addenda Number Date 70

71 The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section , "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section , "General," of the special provisions. LIST OF SUBCONTRACTORS Name and Address Description of Portion / Work Subcontracted (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) 71

72 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder, proposed subcontractor, hereby certifies that he has, has not, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR (b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 72

73 PUBLIC CONTRACT CODE Public Contract Code Section Statement In conformance with Public Contract Code Section (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has, has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaires: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. 73

74 Public Contract Code Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of Contempt of Court has been issued against the Contractor within the immediately preceding two year period because of the Contractor s failure to comply with an order of a Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 74

75 Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of DEPARTMENT OF PUBLIC WORKS-ENGINEERING DIVISION In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder 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. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 75

76 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 76

77 BIDDER'S BOND Accompanying this proposal is (NOTICE: INSERT THE WORDS "CASH($ )," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in conformance with an act providing for the registration of Contractors, License No. Classification(s) 77

78 ADDENDA This Proposal is submitted with respect to the changes to the contract included in addenda number/s (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.) By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, and are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. Date: Signature and Title of Bidder Business Address Place of Business Place of Residence 78