INVITATION TO BID #1782 JUNE

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1 CONTRACT DOCUMENTS FY17 ASPHALT REPLACEMENT SERVICES INVITATION TO BID #1782 JUNE 2016 PRE-BID CONFERENCE WILL NOT BE HELD BID OPENING DATE FRIDAY, JUNE 17, :00 P.M. BID STANDARD DATE: APRIL 2015 CONTRA COSTA WATER DISTRICT

2 CONTRACT DOCUMENTS FY 17 ASPHALT REPLACEMENT SERVICES INVITATION TO BID #1782 JUNE 2016 BID STANDARD DATE: APRIL 2015 CONTRA COSTA WATER DISTRICT

3 TABLE OF CONTENTS SECTION NOT USED SECTION INVITATION TO BID SECTION INSTRUCTIONS TO BIDDERS SECTION NOT USED SECTION NOT USED SECTION GEOTECHNICAL DATA SECTION BID SECTION BID SCHEDULE SECTION IRAN CONTRACTING ACT CERTIFICATION SECTION BID GUARANTY BOND SECTION CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS SECTION PROPOSED SUBCONTRACTORS SECTION NOT USED SECTION NOT USED SECTION NOT USED SECTION NOT USED SECTION NON-COLLUSION AFFIDAVIT TO BE EXECUTED SECTION AGREEMENT SECTION NOT USED SECTION FAITHFUL PERFORMANCE BOND SECTION PAYMENT BOND SECTION NOT USED SECTION NOT USED SECTION WORKERS' COMPENSATION INSURANCE CERTIFICATE SECTION GENERAL CONDITIONS GENERAL INTENT OF CONTRACT DOCUMENTS DISCREPANCIES AND OMISSIONS HEADINGS PENALTY FOR COLLUSION SUCCESSORS AND ASSIGNS RIGHTS AND REMEDIES ADMINISTRATION ADMINISTRATION OF THE CONTRACT DISTRICT'S REPRESENTATIVE CONSTRUCTION ADMINISTRATOR NOT USED 3.0 DISTRICT GENERAL ATTENTION TO WORK INSPECTION DISTRICT'S RIGHT TO CARRY OUT THE WORK DISTRICT'S RIGHT TO USE OR OCCUPY DISTRICT'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS CONTRACTOR OFFICE CONTRACTOR'S REPRESENTATIVE CONSTRUCTION PROCEDURES CONTRACTOR'S EMPLOYEES SUBCONTRACTORS CONTRACTOR'S EQUIPMENT AND FACILITIES i FY17 Asphalt Replacement Services

4 4.7 REPAIRS AND RESTORATION DISTRICT-CONTRACTOR COORDINATION PERMITS CONTRACTOR'S RESPONSIBILITY FOR THE WORK AND MATERIALS LAWS TO BE OBSERVED SAFETY CONTROL OF WORK AND MATERIALS MEANS AND METHODS DISTRICT-FURNISHED MATERIALS DEFECTIVE AND UNAUTHORIZED WORK UNNOTICED DEFECTS RIGHT TO RETAIN IMPERFECT WORK PROGRESS OF THE WORK BEGINNING OF WORK TIME OF COMPLETION DELAYS TIME EXTENSIONS LIQUIDATED DAMAGES TEMPORARY SUSPENSION OF WORK TERMINATION OF CONTRACT TERMINATION FOR CONVENIENCE SCOPE OF WORK - CHANGES IN THE WORK CHANGE ORDERS DIFFERING SITE CONDITIONS RESOLUTION OF DISPUTES PAYMENT SCOPE OF PAYMENT PROGRESS PAYMENTS PARTIAL PAYMENTS - INCLUSION OF MATERIALS ON HAND RIGHT TO WITHHOLD AMOUNTS SUBSTANTIAL COMPLETION FINAL INSPECTION AND PAYMENT WARRANTY OF TITLE EXISTING UTILITIES NOTIFICATION IDENTIFICATION OF LOCATION DAMAGE AND PROTECTION UTILITY RELOCATION AND REARRANGEMENT MATERIAL EMBEDDED IN EXISTING STRUCTURES EXISTING IMPROVEMENTS IDENTIFICATION OF LOCATION DAMAGE AND PROTECTION SECTION NOT USED SECTION SUPPLEMENTARY CONDITIONS CONTRACT ADMINISTRATION TIME ALLOWED FOR COMPLETION NOT USED 4.0 NOT USED 5.0 PERMITS SECTION LIABILITY AND INSURANCE REQUIREMENTS INDEMNIFICATION INSURANCE REQUIREMENTS SECTION PROJECT SAFETY REQUIREMENTS GENERAL SAFETY REQUIREMENTS ii FY17 Asphalt Replacement Services

5 SECTION NOT USED 2.0 PUBLIC SAFETY AND CONVENIENCE GENERAL PUBLIC SAFETY TRAFFIC AND STREET CLOSURES MINIMIZING INCONVENIENCE CONTRACTORS SAFETY SUPERVISOR RESPONSIBILITY CLAIMS SITE SAFETY AND HEALTH PLAN DISTRICT CONSTRUCTION ADMINISTRATION AND/OR INSPECTOR RESPONSIBILITY SAFETY EQUIPMENT SAFETY TRAINING AND INSTRUCTION CONFINED SPACES EXCAVATION SAFETY FALL PROTECTION ELECTRICAL LOCKOUT TAGOUT FIRE PROTECTION HOT WORK PERMIT CRANE RIGGING AND LIFTING PLAN INJURIES, ILLNESS, OR SERIOUS DAMAGES SUBSTANCE ABUSE OTHER PROHIBITED ITEMS DIVISION 1 - GENERAL REQUIREMENTS SECTION NOT USED SECTION SUMMARY OF WORK WORK COVERED BY CONTRACT DOCUMENTS WORK SEQUENCE AND CONSTRAINTS NOT USED 4.0 NOT USED 5.0 NOT USED 6.0 WORK UNDER OTHER CONTRACTS NOT USED 8.0 UNDERGROUND FACILITIES SECTION WORK SEQUENCE AND CONSTRAINTS WORK SEQUENCE PROJECT CONSTRAINTS WORKING HOURS SECTION MEASUREMENT AND PAYMENT MEASUREMENT DESCRIPTION OF BID ITEMS NOT USED SECTION NOT USED SECTION MODIFICATION PROCEDURES CHANGES IN CONTRACT PRICE NEGOTIATED CHANGE ORDERS FORCE ACCOUNT PAYMENT ADJUSTMENTS DUE TO VARIATION IN QUANTITY OF UNIT PRICE WORK TIME EXTENSIONS FOR CHANGE ORDERS VALUE ENGINEERING SECTION NOT USED iii FY17 Asphalt Replacement Services

6 SECTION FIELD ENGINEERING NOT USED 2.0 LINES AND GRADES SECTION REGULATORY REQUIREMENTS GENERAL SUMMARY OF FEES, PERMITS AND APPROVALS ENVIRONMENTAL RESTRICTIONS SPILL OR ENVIRONMENTAL RELEASE SECTION NOT USED SECTION NOT USED SECTION REFERENCES DEFINITIONS ABBREVIATIONS SECTION NOT USED SECTION PROJECT MEETINGS PRE-CONSTRUCTION CONFERENCE PROGRESS MEETINGS CONFERENCES SECTION SUBMITTALS SUBMITTALS SCHEDULE OF SUBMITTALS CONTRACTORS'S RESPONSIBILITIES TRANSMITTAL PROCEDURES REVIEW PROCEDURE EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS NOT USED SECTION NOT USED SECTION NOT USED SECTION NOT USED SECTION QUALITY CONTROL QUALITY CONTROL INSPECTION SAMPLES AND TESTS SECTION CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS GENERAL TEMPORARY UTILITIES CONSTRUCTION FACILITIES PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS PROJECT SECURITY ACCESS ROADS SPECIAL CONTROLS TRAFFIC REGULATION NOT USED 10.0 NOT USED 11.0 NOT USED SECTION MATERIAL AND EQUIPMENT STORAGE OF MATERIALS HAZARDOUS MATERIALS MATERIAL AND EQUIPMENT SUBSTITUTIONS SECTION NOT USED SECTION NOT USED SECTION NOT USED SECTION NOT USED iv FY17 Asphalt Replacement Services

7 SECTION NOT USED SECTION NOT USED SECTION CONTRACT CLOSEOUT CLOSEOUT SUBMITTALS NOT USED 3.0 NOT USED 4.0 FINAL CLEANING WARRANTY DIVISION 2 SITEWORK SECTION SOIL AND AGGREGATE MATERIALS SECTION EXCAVATING, BACKFILING, AND COMPACTING SECTION PAVING AND SURFACING DIVISION 3 16 (NOT USED) APPENDICIES APPENDIX A STANDARD DETAILS - ASPHALT CONCRETE PAVING CITY OF CLAYTON TRENCH BACKFILL AND RESURACING S-15 AND S-16 CITY OF CONCORD TRENCH BACKFILL AND RESURFACING S-17, S-35 AND APPROVED MIX DESIGNS 2004 CITY OF MARTIEZ STANDARD TRENCH BACKFILL S-5, S11 A THROUGH D, L-7 AND L-8 CITY OF PLEASANT HILL CITY OF WALNUT CREEK STANDARD TRENCH DETAIL, MISCELLANEOUS CONCRETE & ASPHALT DETAILS, C1-5, AND PUBLIC WORKS STANDARDS TRENCH BACKFILL AND RESURFACING, MS-1 CONTRA COSTA COUNTY TYPICAL STREET SECTIONS FOR SUBDIVISIONS AND ROAD ACCEPTANCES, CA50i CONTRA COSTA WATER DISTRICT TYPICAL ASPHALT CONFORM DETAILS FOR OVERLAYS, CA51i TWO-LANE RURAL ROAD GUIDELINES, CA53i MEDIAN, CURB AND AC DIKE DETAILS, CA71i UTILITY TRENCH CUT DETAILS, CU01i STANDARD DETAILS SD-6 STANDARD 8" VALVE CAN ASSEMBLY ADJUSTMENTS APPENDIX B - CCWD CONTRACTOR SAFE PRACTICES HANDBOOK v FY17 Asphalt Replacement Services

8 SECTION INVITATION TO BID SEALED BIDS will be received by the Purchasing Officer of the Contra Costa Water District (District) at 1331 Concord Avenue, Concord, California until 3:00 p.m. June 17, 2016 for ITB #1782 for Asphalt Replacement Services for Fiscal Year 2017 (FY17), beginning on July 1, 2016 through June 30, 2017 and an optional twelve (12) month extension period for Fiscal Year 2018 (FY18), July 1, 2017 through June 30, 2018 to be exercised at the District s sole discretion. Including a bid/proposal for the optional twelve (12) month extension is not required for a complete submission. The District will evaluate both one and two year pricing proposals and will determine which proposal provides the best value to the District. Recommendations to the Board of Directors may include consideration of one-year or two-year pricing options. As soon as practical thereafter, they will be publicly opened and read for performing Work as follows: Furnishing all labor, materials, equipment, and performing all work necessary and incidental to the construction of the project known as FY17 Asphalt Replacement Services according to drawings and specifications as prepared by the Contra Costa Water District and according to the Contract Documents. The Work includes the construction of sidewalks, sidewalk underdrains, curbs, gutters, driveways sections in sidewalks, driveway aprons, valley gutters, pedestrian ramps, and other related Asphalt work as requirement by the District. The project is located on sidewalks and streets within the service area of the Contra Costa Water District; specifically, the cities of Clayton, Concord, Martinez, Pleasant Hill, Walnut Creek and unincorporated portions of Contra Costa County. When working in a public right of way, or otherwise within one of these Cities or the County, the Contractor shall conduct work in accordance with the applicable standard details for the jurisdiction. For the purpose of these Contract Documents, the Drawings consist of the Standard Details included in the Appendix A and any other Standard Details for these jurisdictions. The Contractor shall achieve Final Completion of each repair designated by the District as an immediate repair pursuant to Section 01010, item 2.0, WORK SEQUENCE AND CONSTRAINTS, within eight (8) calendar days from the effective date specified in the Work Order. The Contractor shall achieve Final Completion of each repair designated by the District as a regular repair pursuant to Section 01010, item 2.0, WORK SEQUENCE AND CONSTRAINTS, within thirty (30) calendar days from the effective date specified in the Work Order. See Section 00810, item 2.0, TIME ALLOWED FOR COMPLETION, for further details. No prebid conference will be held or job site visits will be scheduled. Prospective bidders can obtain up-to-date information about this project including plan holders list at the following URL: Bidders may obtain copies of the bidding documents from the Purchasing Officer, 1331 Concord Avenue, Concord, California A set of the documents may be obtained via the mail Send requests to Contra Costa Water District, 1331 Concord Avenue, Concord, CA 94520, Attention: Brian Jackson Project FY17 Asphalt Replacement Services

9 Bidding procedures are prescribed in the Contract Documents. Bids shall be executed upon the separately stapled bid forms provided, which are provided for convenience in submitting bids and are not a part of said Contract Documents. If there are any discrepancies between the stapled bid forms and the Contract Documents, the Contract Documents shall take precedence. Bid guarantee, in an amount not less than ten percent (10%) of the total bid dollar amount and conforming to the prescribed bidding procedures, is required to be submitted with each bid as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same, or fail to furnish in a timely manner, the bonds and/or proof of insurance. In addition, pursuant to Public Contract Code Section 2204, each bidder submitting a bid in which the Total Amount set forth on its Bid Schedule is One Million Dollars ($1,000,000) or more must also submit with its bid the IRAN CONTRACTING ACT CERTIFICATION, in the form included as Section 00400, and, except as otherwise specified in Paragraph , REJECTION OF BIDS, the failure to submit the IRAN CONTRACTING ACT CERTIFICATION may render the bid non-responsive. Public Contract Code section 2205 establishes penalties for false certifications. Pursuant to Section 1770, et seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the Engineering Department, 2411 Bisso Lane, Concord, where copies will be made available during normal working hours to any interested party on request, or Bidders may prefer to obtain the current prevailing rate of per diem wages directly from the website maintained by the California Department of Industrial Relations ( This project is subject to labor compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the Contra Costa Water District to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of said Public Contract Code Section All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the District has determined that the Contractor shall possess a valid Class A OR C 08 License at the time that the bid is submitted. Failure to possess the specified license shall render the bid nonresponsive. The successful bidder will be required to furnish the following: Payment Bond in the amount equal to one hundred percent (100%) of the Contract price; Faithful Performance Bond, in the amount equal to one hundred percent (100%) of the Contract price; and evidences of insurance in full compliance with requirements set forth in Paragraph , INSURANCE REQUIREMENTS. Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the Bid Proposal. Telephones will not be available to bidders for the preparation of the bids or for calling in bid results. Bid forms received after the designated time will not be accepted. Bidders and their authorized agents are invited to attend the bid opening. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids Project FY17 Asphalt Replacement Services

10 The District reserves the right to reject any or all bids; to make any awards or any rejections in what it alone considers to be in the best interest of the District; and waive any irregularities in the bids. The successful bidder must ensure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, gender, sexual preference, marital status, and comply with the Americans With Disabilities Act. Date By Brian Jackson Purchasing Officer ***END OF SECTION*** Project FY17 Asphalt Replacement Services

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12 SECTION INSTRUCTIONS TO BIDDERS 1.0 WORK TO BE DONE It is the intention of the District to construct improvements as described in these Contract Documents. All of the Work is particularly set forth in these Contract Documents and all of said Work, together with all other Work incidental thereto, is included. For the purpose of these Contract Documents, the Drawings include Standard Details included in Appendix A, as described in Section The Work includes the furnishing of all labor, materials, incidentals, and equipment necessary for the construction of sidewalks, sidewalk underdrains, curbs, gutters, driveway sections in sidewalks, driveway aprons, valley gutters, pedestrian ramps, and other related concrete work as required by the District. The Bidder shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with the Contract Documents. As part of this examination, the bidder shall check the tables of contents of all Contract Documents, including Specifications and Drawings, and ensure that all Specification sections and Drawings are provided. The bidder shall notify the Construction Administrator immediately if any Specification sections and Drawings are missing, or if there are any Work conflicts, errors, or omissions; or any other discrepancies of any sort, and within the time allotted for clarification or interpretation prior to bid as specified in paragraph , INTERPRETATION OF CONTRACT DOCUMENTS. Unless the bidder has given such notification and the District has not responded thereto by the time bids are required to be submitted, the submission of a bid shall constitute an acknowledgment, upon which the District may rely, that the bidder has thoroughly examined and is familiar with the Contract Documents, including any drawings included in the Contract Documents. All standard details bound as a part of this specification, including any standard detail bound in a separate volume designated as an Appendix to the specifications for this project, form a part of the Contract Documents. Some standard and reference drawings have been reduced during photocopying to approximately onehalf size. Full-scale drawings will be provided to the successful bidder as specified in Paragraph , CONSTRUCTION DOCUMENTS, after execution of the Contract by District in accordance with Paragraph EXECUTION OF CONTRACT. The Bidder shall bear full responsibility for errors resulting from any misinterpretation by any bidder of the scaling of the standard details. Unless the bidder has given such notification and the District has not responded thereto by the time bids are required to be submitted, the failure or neglect of a bidder to receive or examine any of the Contract Documents, including any standard details included in the Contract Documents, or any misinterpretation by any bidder of the scaling of the standard details, shall in no way relieve it from any obligation with respect to its proposal or to the Contract. Notwithstanding any other provision of the Contract Documents, no claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents, Project FY17 Asphalt Replacement Services

13 including any standard details included in the Contract Documents, or any misinterpretation by any bidder of the scaling of the standard details. 3.0 INSPECTION OF SITE Bidders are required to inspect the site of the Work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed Work and of the actual conditions, including subsurface of and at the site of Work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the bidder may apply to the District, in writing, for additional information and explanation before submitting its bid. Submission of a bid by the bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of (1) the site of the Work, (2) access to the site, (3) all other data and matters requisite to the fulfillment of the Work and on its own knowledge of existing facilities on and in the vicinity of the site of the Work to be constructed under the Contract, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed Work, (6) the quality and quantity of the materials to be furnished, and (7) the requirements of the bid, the drawings, the specifications, and the other Contract Documents. The information provided by the District is not intended to be a substitute for, or a supplement to, the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. 4.0 INTERPRETATION OF CONTRACT DOCUMENTS No oral representations or interpretations will be made to any bidder as to the meaning of the Contract Documents. Requests for an interpretation shall be made in writing and actually received by mail, fax, or electronic mail at least twelve (12) days before the time announced for opening the bids to: Contra Costa Water District Attention: Purchasing Officer For FY17 Asphalt Replacement Services, 1331 Concord Avenue Concord, CA FAX: (925) ccwdpurchasing@ccwater.com Requests to clarify possible ambiguous or incomplete statements or designs require issuance of an addendum by the District for the interpretation to become effective. All requests for clarifications shall be made in writing. It is the Bidder s responsibility to ensure proper delivery to the District of written requests for interpretation or clarification of the Contract Documents. Although fax or electronic mail can be a convenient and cost effective method of communicating, Bidders are cautioned against relying upon either for delivery of requests for interpretations or clarifications near the deadline for receipt set forth above; the District cannot guarantee that faxes or electronic mail will be received in sufficient time such that they can be suitably addressed, even if there is an electronic confirmation that the request for interpretation or clarification was timely delivered to an electronic device located at the District. The District has the sole discretion to determine if Project FY17 Asphalt Replacement Services

14 bidder questions and/or comments have been timely received and are adequate for incorporation into an addendum or not. 5.0 POSTPONEMENT OF OPENING The District reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Invitation to Bid. Postponement notices shall be mailed to plan holders of record in the form of addenda. 6.0 OPENING OF BIDS All bids, irrespective of any irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their representatives and other interested persons may be present at the opening and reading of bids. Any bids received after the scheduled closing time, as set forth in the Invitation to Bid or as postponed by addenda, will be considered non-responsive and will not be opened. Any such bids will be returned unopened to the Bidder. The public reading of each bid will include at least the following: A. Name and address of bidder. B. The total amount of bid. C. The nature and amount of the security furnished with the bid. 7.0 PREPARATION OF BID FORMS Bid shall be made on the separately bound bid forms in the Contract Documents and must be submitted at the time and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately filled in either in ink or typed, and all prices must be stated in figures. All bid forms must be submitted in sealed envelopes bearing on the outside the name of the bidder, its address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. District shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided. In addition, pursuant to Public Contract Code Section 2204, each bidder submitting a bid in which the Total Amount set forth on its Bid Schedule is One Million Dollars ($1,000,000) or more must also submit with its bid the IRAN CONTRACTING ACT CERTIFICATION, in the form included as Section 00400, and, except as specified in Paragraph , REJECTION OF BIDS, the failure to submit the IRAN CONTRACTING ACT CERTIFICATION may render the bid non-responsive. Public Contract Code section 2205 establishes penalties for false certifications, including civil penalties equal to the greater of Two-Hundred Fifty Thousand Dollars ($250,000) or twice the amount of the contract for which the false certification was made, contract termination, and three-year ineligibility to bid on contracts. 8.0 BIDDER'S SIGNATURE AND AUTHORITY If the bid is made by an individual, this person's name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the general partners, and the signature Project FY17 Asphalt Replacement Services

15 of at least one of the general partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished showing the authority of the officer signing the bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms. Additionally, the bid shall include a copy of the resolution or agreement empowering the representative to execute the bid and bind the joint venture. 9.0 ERASURES & CORRECTIONS The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing, in the margin immediately opposite the correction, the initials of the person or persons submitting the bid BID IRREGULARITIES Changes in or additions to the bid form, recapitulations of the Work bid upon, alternative bids, omissions, or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by the District, as not being responsive to the Invitation to Bid. No oral or telephonic modification of any bid submitted will be considered MODIFICATION OF BID On written request filed with the District, a bid already received may be modified or withdrawn at any time prior to the time established for receiving bids. The request must be executed by the bidder or its authorized representative as described in Paragraph , BIDDER'S SIGNATURE AND AUTHORITY. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. Withdrawal of a bid does not prejudice a bidder's right to submit a new bid within the time designated for the submission of bids. No bid may be withdrawn after the scheduled closing time except as provided in Paragraph , WITHDRAWAL OF BIDS WITHDRAWAL OF BIDS In accordance with Public Contract Code 5103, within five (5) working days after the opening of bids, excluding Saturdays, Sundays, and State holidays, a bidder may withdraw its bid providing the bidder can establish to the District's satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the District, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the Work, or in reading the Contract Documents BID PROTESTS Any party that has timely submitted a Bid has the right to protest in accordance with this Paragraph , BID PROTESTS. The procedure and time limits set forth in this Paragraph , BID PROTESTS. are mandatory and are the Bidder's sole and exclusive remedy in the event of Bid protest, and failure to comply with these procedures shall constitute a waiver of any right to further Project FY17 Asphalt Replacement Services

16 pursue the bid protest, including filing a Government Code Claim or legal proceedings 14.0 ADDENDA A. Submitting a Protest The protest shall be in writing, addressed to the Director of Engineering, and actually received by the District no later than five (5) business days after the date of the bid opening. The protest document shall contain a detailed and complete statement as to the basis of the protest, and shall include the name, address, and telephone number of the protestor or its authorized representative. All correspondence to the Director of Engineering shall be addressed as follows: Contra Costa Water District Attention: Purchasing Officer For: FY17 Asphalt Replacement Services, 1331 Concord Avenue Concord, CA Upon receipt of the protest, the District will send the protestor an acknowledgement of receipt and will promptly investigate the circumstances. The District will also transmit copies of the protest document and any attached documentation to those other Bidders potentially affected by the outcome of the protest. The Director of Engineering will issue to the protestor a written recommended decision on the protest, which will be determined by the District Board at time of award. B. Documents submitted by facsimile transmission or electronic mail will not be considered. If any documents are mailed, the protestor shall allow sufficient time for postal transit to ensure that all mailings are actually received by the District within the specified time limits. The protestor is responsible for verifying receipt by the District. C. The Director of Engineering may return the protest to the protestor if the protestor has submitted the protest by facsimile transmission or electronic mail or if the protestor fails to submit the protest within the specified time, and such a protest will not be considered by the District. D. The rejection of a timely and properly delivered protest is within the District Board s sole determination. Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for noncompliance with the terms of the instructions BID PRICES Bid prices shall include everything necessary for the completion of the Work including, but not limited to, providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services. Bid prices shall include allowance for all federal, state and local taxes. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that Project FY17 Asphalt Replacement Services

17 the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid. In addition, pursuant to Public Contract Code Section 2204, each bidder submitting a bid in which the Total Amount set forth on its Bid Schedule is One Million Dollars ($1,000,000) or more must also submit with its bid the IRAN CONTRACTING ACT CERTIFICATION, in the form included as Section 00400, and, except as specified in Paragraph , REJECTION OF BIDS, the failure to submit the IRAN CONTRACTING ACT CERTIFICATION may render the bid non-responsive. Public Contract Code section 2205 establishes penalties for false certifications, including civil penalties equal to the greater of Two-Hundred Fifty Thousand Dollars ($250,000) or twice the amount of the contract for which the false certification was made, contract termination, and three-year ineligibility to bid on contracts BID GUARANTY The bid form shall be accompanied by a bid guaranty bond provided by a surety company authorized to carry on business in the State of California (must be admitted as a surety in California) with a minimum A- - Class VI rating with Best's Rating Guide for payment to the District or meeting the following minimum requirements: If the Best's Rating for any surety company who has furnished a bid guaranty for the bidder is less than A- - Class VI and/or not Treasury Rated, bidder may be required to, within five (5) working days of bid opening, submit to the District an original or certified copy of each of the following documents, as they are further described in Section (a) of the California Code of Civil Procedure, for each surety company which has furnished a bid guaranty for that bidder: A. Appropriate authorization of the signatory to execute each bid guaranty; B. A certificate of authority issued by the State Insurance Commissioner; C. A certificate from the County Clerk that the above certificate is not ineffective; and D. The surety company's financial statement for the prior quarter. Simultaneously with the submission of the documents described in the preceding paragraphs, the bidder shall also submit an affidavit or declaration, under penalty of perjury under the laws of the State of California, demonstrating the following facts for each bid guaranty submitted or to be submitted on the bidder's behalf: A. That the surety company's assets exceed its liabilities by more than the amount of the bid guaranty or guaranties submitted on the bidder's behalf; and B. That in issuing the bid guaranty or guaranties submitted on the bidder's behalf, the surety company shall be in full compliance with California Insurance Code Section 12090, supported by appropriate references to the surety company's most recent financial statement on file in the office of the State Insurance Commissioner Project FY17 Asphalt Replacement Services

18 Any bidder wishing to object to the sufficiency of any surety company used by another bidder shall comply fully with the provisions of Section of the California Code of Civil Procedure. The bid guaranty bond shall be in the sum of at least ten percent (10%) of the total amount of the bid price, or, alternatively, by a certified or cashier's check, payable to the District in the sum of at least ten percent (10%) of the total amount of the bid price. The bid guaranty bond shall be provided on the form included in Section 00410, BID GUARANTY BOND, of these Contract Documents. The amount payable to the District under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the District as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the District the required performance and payment bonds in the respective forms provided as Section 00610, FAITHFUL PERFORMANCE BOND, and as Section 00620, PAYMENT BOND, evidences of insurance in full compliance with requirements set forth in Paragraph , INSURANCE REQUIREMENTS; and to enter into, execute, and deliver to the District the Agreement on the form provided herewith, within ten (10) calendar days after receiving written notice from the District that the award has been made and the Agreement is ready for execution. The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance in full compliance with requirements set forth in Paragraph , INSURANCE REQUIREMENTS is provided, and satisfactory bonds are furnished in full compliance with Section 00610, FAITHFUL PERFORMANCE BOND, and Section 00620, PAYMENT BOND, respectively (or other disposition made thereof) QUALIFICATION OF BIDDER Each bidder shall complete and submit with their bid Section 00420, CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS. Upon the request of District, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its construction experience, and its organization's availability for the performance of the Contract. For financial references, if requested, the apparent low bidder shall provide a release to its financial institution(s), within one (1) working day, authorizing the institution(s) to release financial information to the District. The bidder may be required to establish to the satisfaction of the District the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Documents SUBCONTRACTORS In accordance with California Public Contracting Code Section 4100, et. seq., the bidder shall list, in Section 00430, PROPOSED SUBCONTRACTORS, the name, portion of Work to be performed, and location of the place of business for the following. A. Each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the Work or improvement, in an amount in excess of one-half of one percent of the bidder's total bid; Project FY17 Asphalt Replacement Services

19 B. Any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the Work or improvement according to detailed drawings contained in the drawings and specifications, in an amount in excess of one-half of one percent of the bidder's total bid. Failure to list the subcontractors defined in subparts A. and B. above may render the bid non-responsive and may be grounds for rejection of the bid. For each portion of the Work (as defined by the Bidder for the purpose of listing subcontractors) the Bidder shall list only one subcontractor in Section 00430, PROPOSED SUBCONTRACTORS. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act NOT USED 20.0 SUBSTITUTIONS DURING BIDDING Manufacturers or suppliers of materials, products, and things (including equipment) and suppliers of services may propose to the Contractor that alternatives to specified materials, products, things, or services be considered equal. It is the Contractor s responsibility to include in its bid all such alternatives that it desires to utilize in the Work. For this purpose, the Contractor shall submit to the Construction Administrator in accordance with Public Contract Code Section 3400, prior to award, data substantiating each request for a substitution of an equal item. The District will favorably review such a request only if the substantiating data contains a description of each proposed substitute item and drawings, samples, literature, calculations, or other detailed information sufficient to demonstrate to the District, in its opinion, that the proposed substitute is equal in quality and utility to the item specified. The Contractor should consider including an alternative item in its bid only if the Contractor believes the offered alternative is equal in quality and performance to the specified material, product, thing, or service. Any such offers of alternative items will be reviewed and processed as a substitution before award as provided under Public Contract Code Section 3400 and Section 01600, MATERIAL AND EQUIPMENT. No substitutions will be permitted for any materials, products, things (including equipment), or services being furnished by the District BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 00480, NON-COLLUSION DECLARATION TO BE EXECUTED. Reasonable grounds to believe that any individual, partnership, corporation, or combination is interested in more than one bid for the proposed Work may cause rejection of all bids in which that individual, partnership, corporation, or combination is interested. A person, firm, or corporation may, however, submit sub-proposals or quote prices on materials to more than one bidder Project FY17 Asphalt Replacement Services

20 22.0 SHEETING, SHORING AND BRACING Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in the bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its actions pursuant to this bid item shall not impose tort liability on the District, the Designer, the Construction Administrator, or their employees, agents, and subconsultants WAGE RATES Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the Work to be done. Copies of such prevailing rate of per diem wages are on file at the office of the Engineering Department, 2411 Bisso Lane, Concord, where copies will be made available during normal working hours to any interested party on request, or Bidders may prefer to obtain the current prevailing rate of per diem wages directly from the California Department of Industrial Relations website ( or by contacting the Office of the Director - Research Unit, P.O. Box , San Francisco, CA 94142, (415) Bidders shall promptly notify the District, in writing during the bid advertisement period and within the time limits established per paragraph , INTERPRETATION OF CONTRACT DOCUMENTS, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work. If it is determined that a prevailing wage determination is not available for a job classification required to complete Work required by in the Contract Documents, the District will request a wage determination from the Department of Industrial Relations. If necessary, the bid advertisement period will be extended to allow for said wage determination. This project is subject to labor compliance monitoring and enforcement by the California Department of Industrial Relations OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS As provided by Section , of the California Public Contract Code, in entering into a public works contract or subcontract, the Contractor or subcontractor offers and agrees to assign to the District all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2) commencing with Section (of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment by the parties ASSIGNMENT OF CONTRACT Any attempted assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, is void unless such assignment has had prior written approval of District and the Surety has been given due notice of such assignment in writing and has consented thereto in writing Project FY17 Asphalt Replacement Services

21 26.0 REJECTION OF BIDS The District reserves the right, at its sole discretion, to reject any and all bids and further reserves the right to reject any bids which are: a) non-responsive (e.g., bids which are incomplete, obscure, or irregular; bids which omit a bid on any one or more items on which the bids are required; bids which are unbalanced; bids accompanied by insufficient or irregular bid guaranties); b) any bids from bidders who have previously failed to perform properly or to complete on time contracts of any nature with the District; c) any bid which fails to provide satisfactory documentation of the bidder's qualifications as required by Paragraph , QUALIFICATION OF BIDDER or d) any bids deemed not to be in the best interest of the District and the rate payers. The District reserves the right to waive irregularities. In addition to the foregoing grounds for rejecting bids, the District may reject each bid not accompanied by the IRAN CONTRACTING ACT CERTIFICATION, in the form included as Section 00400, in which the Total Amount set forth on the Bid Schedule is One Millions Dollars ($1,000,000) or more, unless the District Board, in its sole discretion, (1) determines that it is in the best interest of the District to contract with the Bidder, and (2) makes a public finding that the District would be unable to obtain the goods or services for which the contract is offered if it did not exempt the Bidder from the obligation to submit the IRAN CONTRACTING ACT CERTIFICATION. The determination and finding described in the preceding sentence shall be based on substantial evidence, which may include but shall not be limited to evidence submitted by the bidder seeking the determination and finding BONDS AND INSURANCE The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Payment Bond on forms provided by the District in an amount equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one hundred (100%) of the Contract Price, the WORKERS COMPENSATION INSURANCE CERTIFICATE in Section 00650, and all required evidences of insurance in full compliance with requirements set forth in Section , INSURANCE REQUIREMENTS. Said insurance and bonds shall be secured from a surety company or companies each authorized to carry on business in the State of California (must be admitted as a surety in California) and satisfactory to District with a minimum A- - Class VI rating with Best's Rating Guide or meeting the following minimum requirements: If the Best's Rating for any surety company, from which the bidder intends to procure the payment bond, performance bond, or both, is less than A- - Class VI and/or not Treasury Rated, bidder may be required to, within five (5) working days after bid opening, submit to the District an original or certified copy of each of the following documents, as they are further described in Section (a) of the California Code of Civil Procedure, for each surety company from which the bidder intends to procure such bond or bonds: A. Appropriate authorization of the signatory to execute each bond. B. A certificate of authority issued by the State Insurance Commissioner. C. A certificate from the County Clerk that the above certificate is not ineffective; and D. The surety company's financial statement for the prior quarter Project FY17 Asphalt Replacement Services

22 Simultaneously, with the submission of the documents described in the preceding paragraphs, the bidder shall also submit an affidavit or declaration, under penalty of perjury under the laws of the State of California, demonstrating the following facts for the bond or bonds submitted or to be submitted on the bidder's behalf: A. That the surety company's assets exceed its liabilities by more than the amount of the bond or bonds submitted on the bidder's behalf; and B. That in issuing the bond or bonds submitted on the bidder's behalf, the surety company shall be in full compliance with California Insurance Code Section 12090, supported by appropriate references to the surety company's most recent financial statement on file in the office of the State Insurance Commissioner. Any bidder wishing to object to the sufficiency of any surety company used by another bidder shall comply fully with the provisions of Section of the California Code of Civil Procedure. The form of Agreement, as provided in Section 00500, AGREEMENT, which the successful bidder as Contractor will be required to execute, the insurance requirements set forth in Paragraph , INSURANCE REQUIREMENTS and the evidences thereof described therein, and the forms of bonds as provided in Section 00610, FAITHFUL PERFORMANCE BOND, and in Section 00620, PAYMENT BOND, each of which it will be required to furnish, shall be carefully examined by the bidder. The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is to secure the payment of those to whom the bidder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the bidder in performing the Work AWARD OF CONTRACT Within sixty (60) days after the time of opening of the bids, the District will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties, to extend the time in which the District may act. The acceptance of a bid will be evidenced by a Notice of Award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of District will constitute acceptance of a bid. The issuance of a Notice of Award of Contract shall obligate the bidder whose bid is accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Agreement in the form set forth in the Contract Documents. The Agreement will require the completion of the Work according to the Contract Documents. If award is made, it will be based on the lowest responsive, responsible bid EXECUTION OF CONTRACT The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving written Notice of the Award of the Contract. Time is of the essence in this regard. After execution by District, one copy of the Agreement shall be returned to Contractor. Failure or refusal to enter into a Contract as herein provided or to conform to any of the stipulated requirements in connection therewith including the failure of the Contractor to be currently registered and qualified to perform public work pursuant to Labor Code Section shall be just cause for annulment of the award and Project FY17 Asphalt Replacement Services

23 the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the Agreement, the District may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Agreement or is not currently registered and qualified to perform public work pursuant to Labor Code Section , the District may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the Agreement, such bidder's guarantees shall be likewise forfeited to the District. The Work may then be re-advertised CONSTRUCTION DOCUMENTS Within thirty (30) days after the execution of the Agreement by the District, the District will furnish the Contractor five (5) copies of the Specifications. The Contractor may obtain additional copies for the price listed in Section 00020, INVITATION TO BID NOT USED ***END OF SECTION*** Project FY17 Asphalt Replacement Services

24 SECTION GEOTECHNICAL DATA Geotechnical investigations have not been conducted at the site of the Work. ***END OF SECTION***

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26 SECTION BID DATE: The undersigned, as bidder, declares that we have received and examined the Contract Documents entitled FY 17 Asphalt Replacement Services,, and will contract with the District, on the form of Agreement provided herewith, to do everything required for the fulfillment of the Contract Document for the construction of the FY17 Asphalt Replacement Services at the prices and on the terms and conditions herein contained. We agree that the following shall be attached hereto and made a part of this bid: SECTION TITLE Bid Schedule Iran Contracting Act Certification Bid Guaranty Bond Certification of Bidder's Experience and Qualifications Proposed Subcontractors Non-Collusion Declaration to be Executed We acknowledge that the following addenda numbers have been received and have been examined as part of the Contract Documents. Date Addenda # Received Initials Attached is a bid guaranty bond as required by Paragraph , BID GUARANTY. Name of Company Submitting Bid If our bid is accepted, we agree to sign the Agreement without qualifications and to furnish the performance and payment bonds and the required evidences of insurance within ten (10) calendar days after receiving written Notice of Award of the Contract. We further agree, if our bid is accepted and a Contract for performance of the Work is entered into with the District, to so plan work and to prosecute it with such diligence that the Work shall be completed within the time stipulated. The undersigned certifies that the undersigned holds California Contractor's License, Class, number, expiration date

27 Name of Company Submitting Bid Signature for Company Submitting Bid Name and Title of Signatory Address of Company Submitting Bid Witness Name and Title of Witness State of Incorporation Phone Number FAX Number Address ***END OF SECTION***

28 SECTION BID SCHEDULE PROPOSAL FOR THE CONSTRUCTION OF FY17 ASPHALT REPLACEMENT SERVICES Services for Fiscal Year 2017 (FY17) beginning July 1, 2016 through June 30, 2017 (REQUIRED) Contra Costa Water District Pursuant to Section 00020, INVITATION TO BID, and Section 00100, INSTRUCTIONS TO BIDDERS, the undersigned hereby proposes and agrees that on award by the Contra Costa Water District under this Bid, and in accordance with the provisions therein stated, to execute the Agreement, with necessary bonds, to furnish and install any and all labor, materials, transportation, and services for the construction of the FY17 Asphalt Replacement Services project, in accordance with the Contract Documents therefor adopted and on file with the Contra Costa Water District within the time hereinafter set forth and at the prices named in this Bid as follows: Bid Item DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED PRICE 1 Resurface with 3 inches* of asphalt concrete, complete in place a. Area between 1 to 29 sq. ft. S.F. 100 b. Area between 30 to 99 sq. ft. S.F. 1,000 c. Area between 100 to 499 sq. ft. S.F. 1,000 d. Area in excess of 500 sq. ft. S.F. 1,000 2 Resurface with 4 inches* of asphalt concrete, complete in place a. Area between 1 to 29 sq. ft. S.F. 600 b. Area between 30 to 99 sq. ft. S.F. 6,000 c. Area between 100 to 499 sq. ft. S.F. 10,000 d. Area in excess of 500 sq. ft. S.F. 5,000 3 Each additional 1-inch* depth of asphalt concrete (beyond 4 inches*), complete in place a. Area between 1 to 29 sq. ft. S.F. 100 b. Area between 30 to 99 sq. ft. S.F. 2,000 c. Area between 100 to 499 sq. ft. S.F. 5,000 d. Area in excess of 500 sq. ft. S.F. 1,500 4 Resurface with 4 inches* of asphalt concrete around District valve cans; complete in place EA Resurface with 12 inches* of asphalt concrete EA 200 around District valve cans; complete in place 6 Placement of slurry seal, complete in place a. Area between 1 to 10,000 sq. feet S.F. 20,

29 Bid Item DESCRIPTION UNIT QUANTITY b. Area between 10,001 to 25,000 sq. ft. S.F. 50,000 UNIT PRICE EXTENDED PRICE 7 Additional sawcutting of asphalt concrete a. Pavement thicknesses up to 3 L.F. 2,000 b. Pavement thicknesses up to 6 L.F. 2,000 c. Pavement thicknesses up to 12 L.F Asphalt Curb, 6-inches* in height L.F Valve Can Raising E.A. 100 * All measurement for thickness is for final product. Total Bid Items 1 through 9 inclusive and all work Incidental thereto and connected therewith $ (in words) Bid amount of each of the above bid items must be filled in and completed in ink. dollars Name of Company Submitting Bid

30 BID SCHEDULE PROPOSAL FOR THE CONSTRUCTION OF FY17/FY18 ASPHALT REPLACEMENT SERVICES Services for Fiscal Year 2018 (FY18) beginning July 1, 2017 through June 30, 2018 (OPTIONAL) Contra Costa Water District Pursuant to Section 00020, INVITATION TO BID, and Section 00100, INSTRUCTIONS TO BIDDERS, the undersigned hereby proposes and agrees that on award by the Contra Costa Water District under this Bid, and in accordance with the provisions therein stated, to execute the Agreement, with necessary bonds, to furnish and install any and all labor, materials, transportation, and services for the construction of the FY17 Asphalt Replacement Services project, in accordance with the Contract Documents therefor adopted and on file with the Contra Costa Water District within the time hereinafter set forth and at the prices named in this Bid as follows: Bid Item DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED PRICE 1 Resurface with 3 inches* of asphalt concrete, complete in place a. Area between 1 to 29 sq. ft. S.F. 100 b. Area between 30 to 99 sq. ft. S.F. 1,000 c. Area between 100 to 499 sq. ft. S.F. 1,000 d. Area in excess of 500 sq. ft. S.F. 1,000 2 Resurface with 4 inches* of asphalt concrete, complete in place a. Area between 1 to 29 sq. ft. S.F. 600 b. Area between 30 to 99 sq. ft. S.F. 6,000 c. Area between 100 to 499 sq. ft. S.F. 10,000 d. Area in excess of 500 sq. ft. S.F. 5,000 3 Each additional 1-inch* depth of asphalt concrete (beyond 4 inches*), complete in place a. Area between 1 to 29 sq. ft. S.F. 100 b. Area between 30 to 99 sq. ft. S.F. 2,000 c. Area between 100 to 499 sq. ft. S.F. 5,000 d. Area in excess of 500 sq. ft. S.F. 1,500 4 Resurface with 4 inches* of asphalt concrete around District valve cans; complete in place EA Resurface with 12 inches* of asphalt concrete EA 200 around District valve cans; complete in place 6 Placement of slurry seal, complete in place a. Area between 1 to 10,000 sq. feet S.F. 20,000 b. Area between 10,001 to 25,000 sq. ft. S.F. 50,

31 Bid Item DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED PRICE 7 Additional sawcutting of asphalt concrete a. Pavement thicknesses up to 3 L.F. 2,000 b. Pavement thicknesses up to 6 L.F. 2,000 c. Pavement thicknesses up to 12 L.F Asphalt Curb, 6-inches* in height L.F Valve Can Raising E.A. 100 Total Bid Items 1 through 9 inclusive and all work Incidental thereto and connected therewith $ (in words) Bid amount of each of the above bid items must be filled in and completed in ink. dollars Name of Company Submitting Bid ***END OF SECTION***

32 SECTION IRAN CONTRACTING ACT CERTIFICATION As specified in Paragraphs , PREPARATION OF BID FORMS, and 15.0, BID PRICES, pursuant to Public Contract Code section 2204, each bidder submitting a Bid in which the Total Amount set forth on its Bid Schedule is One Million Dollars ($1,000,000) or more must also submit with its bid this IRAN CONTRACTING ACT CERTIFICATION, and the failure to submit the IRAN CONTRACTING ACT CERTIFICATION may render the bid non-responsive except as otherwise specified in Paragraph , REJECTION OF BIDS. The undersigned Bidder certifies as follows (check the applicable circumstance): The company submitting the accompanying bid is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services ( DGS ) pursuant to Public Contract Code section 2203(b), and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. The company submitting the accompanying bid has previously received written permission from the District, pursuant to subdivision (c) or (d) of Public Contract Code section 2203, to submit a bid. A copy of the written permission from the District is submitted with the accompanying bid. I, the person signing below, hereby certify that I am duly authorized to execute this certification on behalf of the Company identified below, and that I am aware that Public Contract Code section 2205 establishes penalties for providing false certifications, including civil penalties equal to the greater of Two-Hundred Fifty Thousand Dollars ($250,000) or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. Name of Company Submitting Bid Signature for Company Submitting Bid Name and Title of Signatory Date ***END OF SECTION***

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34 SECTION BID GUARANTY BOND The attached form shall be turned in with the bid as the Bid Guaranty Bond with the form signed and notarized by the surety. Alternately, the bidder may submit the following forms of bidder's security: 1. Cash 2. A cashier's check made payable to the District 3. A certified check made payable to the District If a bid guaranty bond is submitted on a form other than that provided herein, then the alternate bid guaranty bond must meet all the requirements of the form provided herein. If the alternate bid guaranty bond is not acceptable to the District, then the bid may be subject to rejection. The District shall be the sole judge as to whether the alternate bid guaranty bond form is acceptable

35 BID GUARANTY BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WE, AS PRINCIPAL, AND AS SURETY, are held and firmly bound unto the Contra Costa Water District in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the Contra Costa Water District for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the Contra Costa Water District to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, in no case shall the liability of the surety hereunder exceed the sum of $. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above-mentioned bid to the Contra Costa Water District, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at 1331 Concord Avenue, Concord, California. FOR: FY17 Asphalt Replacement Services, NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented for signature, the Principal enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the Contra Costa Water District, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect, and the surety shall pay said penal sum to Contra Costa Water District on demand. IN WITNESS WHEREOF, we have hereunto set our hands on this day of, 20. Name and Title of Signatory (seal) Name and Title of Signatory (seal) Signature of Principal Signature of Surety Best Rating: Address Address Note: Signatures of those executing for the surety must be properly acknowledged. ***END OF SECTION***

36 SECTION CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that it is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder further certifies that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. In accordance with Public Contract Code Section , any Bidder not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there may be certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. To be considered for award, Bidder shall have completed, within the last seven (7) years, at least three (3) projects of similar size and complexity, as listed below. 1. Project Name: Owner: Construction Cost: $ Construction Time: Calendar Days Owner's Representative: Owner's Telephone No.: ( ) Date of Substantial Completion: Name of Company Submitting Bid

37 2. Project Name: Owner: Construction Cost: $ Construction Time: Calendar Days Owner's Representative: Owner's Telephone No.: ( ) Date of Substantial Completion: 3. Project Name: Owner: Construction Cost: $ Construction Time: Calendar Days Owner's Representative: Owner's Telephone No.: ( ) Date of Substantial Completion: Signed this day of, 20. Name of Company Submitting Bid Contractor's License No. Expiration Date Signature for Company Submitting Bid Name and Title of Signatory ***END OF SECTION***

38 SECTION PROPOSED SUBCONTRACTORS Pursuant to California Public Contracting Code, Section 4100 et seq., the following list gives the name, business address, California contractor s license, and portion of work (description of work to be done) for each subcontractor that will be used in the Work if the bidder is awarded the Contract. The Bidder shall list only one subcontractor for each portion of the work (as defined by the Bidder for the purpose of listing subcontractors). (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Subcontractors" and shall be signed.) Failure to comply with these requirements will render the bid non-responsive and may be grounds for rejection of the bid. Name Business Address CA Contractor License No. Description of Work % of Work 1 Status Name of Company Submitting Bid Signature for Company Submitting Bid Name and Title of Signatory 1 Status M=Minority Owned Business Enterprise W=Women Owned Business Enterprise ***END OF SECTION***

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40 SECTION NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the of the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Name of Company Submitting Bid Signature Name and Title of Signatory Date ***END OF SECTION***

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42 SECTION AGREEMENT THIS AGREEMENT, made this day of, 20 by and between Contra Costa Water District, hereinafter called the "District," and hereinafter called the "Contractor." W I T N E S S E T H: WHEREAS, the District has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of FY17 Asphalt Replacement Services, as described therein, and WHEREAS, the Contractor has offered to perform the proposed Work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the Contractor hereby agrees to complete the Work at the total bid and on the terms and conditions herein contained, and the District agrees to pay the Contractor as provided herein for the fulfillment of the Work and the performance of the covenants set forth herein. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. IN WITNESS WHEREOF, this agreement has been executed on this day of, 20. Name of Contractor Signature for Contractor Jerry Brown, General Manager Name and Title of Signatory ATTEST APPROVED AS TO FORM Signature District Legal Counsel Title of Signatory ***END OF SECTION***

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44 SECTION FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, Contra Costa Water District, hereinafter designated the "District," has, on, 20, awarded to hereinafter designated as the "Principal," a Contract for the construction of the FY17 Asphalt Replacement Services,, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and, as Surety, are held and firmly bound unto the District the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform all of the covenants, conditions, and agreements in the said contract, including without limitation compliance with the project specifications, and warranty and guarantee provisions, and any alterations made as therein provided, on it or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the District, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. It is acknowledged that the Contract provides for a warranty period, during which time this bond remains in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the Work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of, 20, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal Signature for Principal Name and Title of Signatory

45 Surety (Seal) Signature for Surety Name and Title of Signatory Business Address City State Business Phone ***END OF SECTION***

46 SECTION PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, Contra Costa Water District, hereinafter designated as the "District," has, on, 20, awarded to, hereinafter designated as the "Principal," a Contract for the construction of the FY17 Asphalt Replacement Services,, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, we, the Principal, and are held and firmly bound unto the District the penal sum of, as Surety, Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amount due under the Unemployment Insurance Act, including such amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors under Section of the Unemployment Insurance Code, with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the District as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the Work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of, 20, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body

47 (Seal) Principal Signature for Principal Name and Title of Signatory (Seal) Surety Signature for Surety Name and Title of Signatory Business Address City State Business Phone ***END OF SECTION***

48 SECTION WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the District the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Name of Contractor Signature for Contractor Name and Title of Signatory Date ***END OF SECTION***

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50 SECTION GENERAL CONDITIONS 1.0 GENERAL 1.1 Intent Of Contract Documents The intent of the Contract Documents is to describe the details for the construction and completion of the Work, which the Contractor undertakes to perform in accordance with the terms of the Contract. Contract Documents are divided into groups for the convenience of the District, Designer, and Construction Administrator. These divisions are not for the purpose of apportioning work or responsibility for work among subcontractors, suppliers, and manufacturers. Where the Contract Documents describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner. Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complementary and applicable to each other. In the event that materials and/or equipment are to be furnished by the District, as designated in the Contract Documents or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract. Words and abbreviations which have well-known technical or trade meaning are used in the Contract Documents in accordance with such recognized meanings. For the definition of terms and abbreviations used in these Contract Documents, see Section 01090, REFERENCES. 1.2 Discrepancies and Omissions Any discrepancies or omissions found in the Contract Documents shall be reported to the Construction Administrator immediately. The Construction Administrator will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: 1. Change Orders 2. Addenda 3. Contract Agreement, Section Contractor s Bid and Bid Schedule, Sections and 00310; and Measurement & Payment, Section Supplementary Conditions, Section General Conditions, Section All remaining Sections of Division 0 8. All remaining Sections of General Requirements, Division 1 9. Specifications, Divisions 2-16and following 10. Project Drawings 11. Specification Appendices beginning with Appendix A 12. District Standard Details 13. Reference Specifications

51 1.3 Headings 14. Reference Drawings With respect to the Project Drawings, precedence shall be given as follows: A. Numerical figures govern over scaled dimensions B. Detailed drawings govern over general drawings C. Addenda/change order drawings govern over any other drawings D. Project Drawings govern over standard drawings Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents. 1.4 Penalty for Collusion If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the District may suffer thereby, and the District may advertise for new bids for said Work. 1.5 Successors and Assigns The District and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. If Contractor assigns or sublets it as a whole, it shall obtain approval of the Surety. 1.6 Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the District, the Designer, or the Construction Administrator shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 2.0 ADMINISTRATION 2.1 Administration of the Contract The Construction Administrator will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of the Construction Administrator, as the representative of the District during the construction, as set forth in the Contract Documents, will not be modified or extended without written consent of the District. In case of the termination of the employment of the Designer or the Construction Administrator, the District shall appoint a Designer or a Construction Administrator

52 whose status under the Contract Documents shall be that of the former Designer or Construction Administrator, respectively. 2.2 District's Representative General - The District's Representative has the authority to act on behalf of the District on change orders, progress payments, Contract decisions, acceptability of the Contractor's work, and early possession Change Orders - The District's Representative has the authority to accept or reject change orders and cost proposals submitted by the Contractor or as recommended by the Construction Administrator Progress Payments - The District's Representative has the authority to accept or reject requests for progress payments, which have been submitted by the Contractor and recommended by the Construction Administrator Contract Decisions - Should the Contractor disagree with the Construction Administrator's decision with respect to the Contract, the Contractor may appeal to the District's Representative in accordance with the provisions of the Contract Acceptability of Work - The District's Representative has the authority to make the final determination of the acceptability of the Work. The District's Representative also has the authority to accept or reject the Designer's recommendations regarding retention of defective work as provided. 2.3 Construction Administrator General - The Construction Administrator is a representative of the District, either an employee or consultant, employed to act as advisor to the District in construction matters related to the Contract. All instructions to the Contractor and all communications from the Contractor to the District or the Designer shall be forwarded through the Construction Administrator. The Construction Administrator will have authority to act on behalf of the District only to the extent provided in the Contract Documents. The District has delegated its authority to the Construction Administrator to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work under the Contract. The Construction Administrator shall interpret the intent and meaning of the Contract and shall make initial decisions with respect to the Contractor's fulfillment of the Contract and the Contractor's entitlement to compensation. The Contractor shall look initially to the Construction Administrator in matters relating to the Contract. The Construction Administrator's authority to act under Paragraph , Administration of the Contract, and any decision made by it in good faith either to exercise or not to exercise such authority, shall not give rise to any duty or responsibility of the District or Construction Administrator to the Contractor, any subcontractor, any of their agents or employees, or any other person performing any of the Work Representative - The Construction Administrator may be represented at the site by a Resident Engineer who will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Construction Administrator shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work

53 In accordance with the provisions detailed elsewhere in these General Conditions, the Construction Administrator will make decisions relative to all matters of interpretation or execution of the Contract Documents Inspection of Construction - The Construction Administrator shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing. In any emergency, the Construction Administrator has the authority to suspend the Work. In addition to the resident Construction Administrator or Resident Engineer, the Construction Administrator may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the Specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work, materials, or workmanship to conform to the Contract Documents. The inspector shall have the authority to reject materials. The Contractor may appeal any such issue with which it disagrees to the Construction Administrator for decision Acceptability of the Work - The Construction Administrator has the authority to make a recommendation as to the acceptability of the Work Change Orders - The Construction Administrator has the authority to initiate change orders, to reject change orders proposed by the Contractor or Designer, to negotiate and recommend acceptance of change orders, or to order minor changes in the Work at no cost to the District Construction Schedule - The Construction Administrator has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic Progress Payments - The Construction Administrator has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor Final Payment - The Construction Administrator will conduct inspections to determine the dates of Substantial Completion of the Work and Final Completion of the Work, and will receive and forward to the District, for the District's review, written warranties and related documents required by the Contract and assembled by the Contractor Early Possession - The Construction Administrator has the authority to recommend early possession. 2.4 Not Used 3.0 DISTRICT 3.1 General The District, acting through the District's Representative or the Construction Administrator, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract. 3.2 Attention to Work The District shall notify the Contractor in writing of the name of the individual designated as the District's Representative and the name of the individual

54 3.3 Inspection designated by the Construction Administrator to act as resident Construction Administrator or Resident Engineer. The Construction Administrator's designated representative normally will be at the Site of the Work. During the representative's absences, the Contractor may contact a previously designated representative of the Construction Administrator. In addition to the Construction Administrator and a Resident Engineer, the District may employ or rely on other agencies to provide one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material. The Construction Administrator has the authority to suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Administrator for its decision. Separate and independent from the inspection above, the project may be inspected by other governmental agencies. Such inspectors shall have the authority provided to them by these agencies. 3.4 District's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within forty-eight (48) hours after receipt of written notice from the District to commence and continue correction of such default or neglect with diligence and promptness, the District may, after forty-eight (48) hours following receipt by the Contractor of an additional written notice and without prejudice to any other remedy, make good such deficiencies. In an emergency, the District also reserves the right to perform any portion of the Work which threatens the safety or health of the public or District and the safety of the Work or any property or equipment. In either case, an appropriate Change Order shall be issued, unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work, including compensation for the Designer's, the Construction Administrator's, and District's additional services made necessary by such default, neglect, failure, or emergency. 3.5 District's Right to Use or Occupy The District reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the District. The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in any way affect the dates and times when progress payments shall become due from the District to the Contractor, or in any way prejudice the District's rights in the Contract or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the District. Prior to such occupancy or use, the District and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for

55 correction of the Work, and the commencement of warranties required by the Contract Documents. In exercising the right to occupy or use completed parts of the Work prior to the Substantial Completion thereof, the District shall not make any use which will materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion. The part or parts of the Work, if any, which the District anticipates the use or occupancy of prior to Substantial Completion are noted in Paragraph , OCCUPANCY REQUIREMENTS. Failure to include a part of the Work in the above section shall not limit the District's right to use or occupy parts of the Work not listed. 3.6 District's Right to Perform Work and to Award Separate Contracts The District reserves the right to perform the Work related to the Project with the District's own forces, and to award separate Contracts in connection with the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the District, the Contractor shall make such claim as provided elsewhere in the Contract Documents. When separate Contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Agreement. The District will provide for the coordination of the work of the District's own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph , Cooperation. 4.0 CONTRACTOR 4.1 Office The Contractor's office at the Project site is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other articles of communication. If not practical to have an office at the site of Work, then the Contractor shall supply an alternative address acceptable to the District. 4.2 Contractor's Representative The Contractor shall notify the District, in writing, of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor's representative shall be an employee of the Contractor. Upon written request of the Contractor, this requirement may be waived by the District. The District's waiver, if granted, will be in writing. The District shall be under no obligation to waive this. At all times during the progress of the Work, the Contractor's representative, or a designated alternate who has the authority to act in matters relating to the Contract, shall be personally present at the Project Site. The Contractor's representative and any designated alternate must be able to receive instructions and to communicate in written and spoken English. The Contractor's representative or designated alternate shall have the authority to carry out the

56 provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. The Contractor's representative or designated alternate shall each be subject to the approval of the District, which may be granted or withheld in its sole discretion. If neither the approved Contractor's representative nor an approved designated alternate is at the Project Site, the District, acting through the Construction Administrator, shall have the authority as provided in Paragraph , Temporary Suspension of Work, to suspend the Work until such a representative is at the Project Site. Before initial work is begun on the Contract, the Contractor shall file with the Construction Administrator, addresses, telephone numbers, and facsimile numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress. Contractor shall employ a complete and competent project staff for the duration of the Work, which shall include separate individuals to act as Superintendent, project manager, project engineer(s) and administrative assistant(s), plus such other persons as are necessary to diligently prosecute the Work. Contractor shall not replace the designated Superintendent or project manager without a minimum of seven (7) days advance written notice. Each of the project staff members listed above and any replacement staff member shall be subject to the approval of the District, which may be granted or withheld in its sole discretion. Upon notice from the District requesting replacement of any project staff member who is unsatisfactory to the District, Contractor shall in a timely manner, but in no event longer than three (3) days after notification, replace such staff member with a competent staff member satisfactory to the District. Failure by Contractor to comply with provisions of the paragraph shall entitle the District, at its option exercised in its sole discretion, to terminate the Contract or suspend the Work until Contractor fully complies with this Paragraph. All costs or damages associated with the termination or suspension pursuant to this Paragraph shall be borne by Contractor, without adjustment in the Contract Sum or Contract Time. 4.3 Construction Procedures The Contractor will supervise and direct the Work. The Contractor shall determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the District, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work. 4.4 Contractor's Employees The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them. The Contractor shall employ only competent, skillful workers to perform the Work. 4.5 Subcontractors Subcontractors do not have a direct relationship with the District. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, as

57 the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the District. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the District, the Construction Administrator, or the Designer, shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract. The District will not resolve any disputes arising between the Contractor and its subcontractors. The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Construction Administrator that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid, in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the District. 4.6 Contractor's Equipment and Facilities The Contractor shall furnish and maintain, in good condition, all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws and shall be free from graffiti. 4.7 Repairs and Restoration - Pursuant to Paragraph , Damage and Protection, the Contractor shall be responsible for repairing or restoring all existing landscaping and other improvements within or adjacent to the work area which are not designated for removal, for which there will be no additional compensation. 4.8 District-Contractor Coordination Service of Notice - Notice, order, direction, request, or other communication given by the District through the Construction Administrator to the Contractor shall be deemed to be well and sufficiently given to the Contractor, if delivered to the Contractor's Representative designated in Paragraph , Contractor's Representative, to the Contractor's office designated in Paragraph , Office, or to the Contractor's address provided in the Bid Proposal, or transmitted electronically to the facsimile number designated under Paragraph , Contractor's Representative Suggestions to Contractor - Means or methods of work suggested by the District, the Construction Administrator, Construction Inspector or the Designer to the Contractor, but not specified or required, shall not result in the Contractor becoming an agent of the District. If any means or methods not specified or required are adopted or followed by the Contractor in whole or in part, they shall be used at the risk and responsibility of the Contractor as expressly stipulated in Paragraph , Means and Methods. The District, Construction Administrator, Construction Inspector or the Designer, assume no responsibility therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work Cooperation - The Contractor shall afford the District, the Construction Administrator and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and

58 4.9 Permits shall connect and coordinate the Work with theirs as required by the Contract Documents. If any part of the Contractor's Work depends for proper execution or results upon the work of the District or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Construction Administrator any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the District's or separate contractor's work as fit and proper to receive the Work, except as to latent defects which subsequently become apparent in such work by others. If requested by the Contractor, the District shall arrange meetings with other contractors performing work on behalf of the District to plan coordination of construction activities. The District shall keep the Contractor informed of the planned activities of other contractors. Differences and conflicts arising between the Contractor and other contractors employed by the District, or between the Contractor and the workers of the District with regard to their work, shall be submitted to the District for its decision in the matter. If such separate contractor sues the District on account of any delay or damage alleged to have been caused by the Contractor, the District shall notify the Contractor who shall, at the District's election, defend such proceedings at the Contractor's expense. If any judgment or award identifies that the Contractor is liable, then the Contractor shall pay or satisfy said judgment or award and shall reimburse the District for all attorney's fees and court costs which the District has incurred or for which it is liable. Unless specifically stated to be provided by the District, Contractor shall apply for, obtain, and comply with all the terms, conditions, and requirements attached to all permits, bonds, and licenses required by local, state, or federal agencies, to perform work, construct, erect, test and startup of any equipment or facility for this Contract, including but not limited to such permits required to close traffic lanes. Specifically, the Contractor will be responsible for obtaining the encroachment permit(s) required for any of these activities. The Contractor shall apply for and obtain in its name the necessary building, plumbing and electrical permits, if any, and shall be responsible for satisfying all code requirements, calling for inspections, and obtaining final approvals. The Contractor shall comply with all construction conditions stipulated in the permits. The Contractor shall include in its bid the fees for any permits required. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the District and provide the permit in an appropriate frame or file holder when the District accepts Substantial Completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the Work. The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section Any permits, bonds, licenses, and fees therefor required for the performance of work under this Contract, and not specifically mentioned in Section 01060,

59 REGULATORY REQUIREMENTS, as having been obtained and paid by the District, shall be obtained and fees therefor paid by the Contractor. The Contractor shall be responsible to determine the amount of time necessary for applying, processing, and obtaining all required permits (other than those specifically mentioned in Section 01060, REGULATORY REQUIREMENTS, as having been obtained and paid by the District), and shall submit complete applications on a timely basis consistent with the time necessary for such processing, to avoid any delay in performing the Work. The Contractor shall be responsible for performing all work within the specified time constraints outlined in said permit conditions. The Contractor shall be fully responsible for any liquidated damages as specified in paragraph , Liquidated Damages Contractor's Responsibility for the Work and Materials Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether such damaged portions of the Work have been paid for, in whole or in part) by the action of the elements or from any other cause, whether or not arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the District Laws to be Observed The Contractor shall keep fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the District which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the District and all of its officers, agents, and employees against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the Construction Administrator in writing Prevailing Wage - In accordance with Section 1770 of the Labor Code, the District has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Paragraph , WAGE RATES. The said rates shall include all employer payments that are required by Section of the Labor Code. The District will furnish to the Contractor, upon request to the Engineering Department, 2411 Bisso Lane, Concord, a copy of such prevailing rates, or Bidders may prefer to obtain the current prevailing rate of per diem wages directly from the website maintained by the California Department of Industrial Relations ( It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site as prescribed by regulation. For each worker paid less than the stipulated rate in the execution of the Contract by the Contractor, or any subcontractor under it, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to

60 each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth. No extra compensation whatever shall be allowed by the District due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added compensation, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the bid. If it becomes necessary to employ a craft other than those listed in the prevailing rates, the Contractor shall notify the District immediately and the District will obtain the additional prevailing rate from the Director of the Department of Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment. The Contractor shall pay travel and subsistence payments to workers needed to execute the Work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section The District will consider the type of work performed by classification traditionally employed to perform said work in Contra Costa County when determining appropriate craft, classification or type of worker under Section of the California Labor Code. A. The District has determined that all installation of mechanical, pressure and/or process piping; waste and vent piping; potable and non-potable piping shall be paid at the prevailing wage for a Plumber and/or Pipefitter. This project is subject to labor compliance monitoring and enforcement by the California Department of Industrial Relations Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor or the subcontractor in connection with the project. Each payroll record shall be on forms provided by the Division of Labor Standards Enforcement or may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are certified or verified as described below. The payroll records shall be certified or verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 of the Labor Code for any work performed by his or her employees on the public works project

61 The certified payroll records shall be submitted with monthly progress payments as specified in paragraph , Progress Payments. Payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: A. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or its authorized representative on request. B. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the District, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. C. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code. In addition to the submission described above, each Contractor and subcontractor shall furnish the records specified in Labor Code Section 1776 each month directly to the Labor Commissioner, in the format prescribed by the Labor Commissioner. The Contractor is responsible for its and its subcontractors compliance with the provisions of Section 1776 of the Labor Code Overtime Requirements - The Contractor shall forfeit, as a penalty to the District, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one (1) day and forty (40) hours in any one (1) week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one (1) week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and one-half (1.5) times the basic rate of pay as provided for in Section 1815 of the Labor Code Apprentice and Trainee - Attention is directed to the provisions in Section of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs. It shall be the responsibility of the Contractor to abide by the provisions of Section of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the District any and all evidence of compliance with this code section when requested by the District

62 For failure to comply with Section of the Labor Code, the Contractor shall be subject to the penalties in Section of the Labor Code Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees, in accordance with the provisions of Sections 1860 and 3700 of the Labor Code, and Paragraph , Workers' Compensation Insurance Safety Responsibility - The Contractor shall be solely and completely responsible for conducting all field operations under this Contract, at all times, in such a manner as to avoid the risk of bodily harm to persons and to property, and for conditions of the jobsite(s), including safety of all persons and property during performance of the Work. The Contractor s attention is directed to the provisions of Section 00830, PROJECT SAFETY REQUIREMENTS. The Contractor shall continually and diligently inspect all work, materials and equipment to discover conditions which might involve such risks, and shall be solely responsible for discovery and correction of such conditions. These requirements shall apply twenty-four (24) hours per day continuously during the term of this contract and shall not be limited to normal working hours. The District shall not be responsible in any way for the methods selected by the Contractor in discharging its exclusive responsibility for safety of its work hereunder. Cal/OSHA, EPA and other regulatory citation(s) and/or fine(s) given to the Contractor or any of its subcontractors are the sole responsibility of the Contractor. Neither District nor any of its elected officials, officers, agents, employees and representatives shall be responsible in any manner for any fine(s) and/or citation(s) imposed or issued as the result of Contractor activities, actions, or omissions. Any citation(s) and/or fine(s) imposed on or issued to District under the multi-employer doctrine will be the sole responsibility of the Contractor unless neither the Contractor nor any of its subcontractors created the hazard and/or was/were cited and/or fined in connection therewith by Cal/OSHA or other agency. In accordance with Paragraph , Other Withholds, the District may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover any and all costs District incurs (e.g., fines, attorney s fees, investigative expenses, etc.) that are associated with or relate to such citation(s) and/or fine(s) Public Safety To protect the public s safety as well as the safety of their employees, the District s employees, and all persons at or on the jobsite(s), the Contractor and its subcontractors shall take all measures required to comply with all applicable Federal, State, County, and local laws, ordinances, codes, and regulations, including but not limited to, U. S. Department of Labor (OSHA), and the California Occupational Safety and Health Act, and the requirements set forth below, or detailed in other parts of these Contract Documents. Where any of these are in conflict, the most stringent requirement shall be followed Suspension of Work and other Operations The Construction Administrator may immediately suspend the Contractor s work if he determines that a potential life threatening or serious safety hazard exists that requires immediate corrective action(s). The suspension shall remain in effect until the condition or situation creating the hazard has been corrected Costs Resulting from Suspension of Work The Contractor shall bear all costs, direct and indirect, incurred by it, and by its subcontractors and material suppliers, resulting from or attributable to the suspension of Work in accordance with

63 Paragraph , Suspension of Work and other Operations. In addition, should such suspension of the Work require District personnel, or Inspectors or Construction Administrators retained by the District, to conduct activities outside normal working hours, the Contractor shall pay for such costs, including overtime, in accordance with the formula set forth in Section , WORKING HOURS Liquidated Damages Resulting from Safety Violations Where Work Cannot be Suspended In situations where the District s operational requirements preclude a suspension of Work, it is understood and agreed that damage will be sustained by the District in that District staff will need to be reassigned and/or their respective duties changed to address the safety violations and their potential impact on the District s operations, including but not limited to overtime premiums and inefficiencies. It is further understood and agreed that it is impracticable to determine the actual damages to the District resulting from continuing safety violations, but that a reasonable estimate of those costs, including but not limited to the costs to the District of reassigning and/or changing duties of District staff, is one thousand dollars ($1,000) per day or portion thereof during which any safety violation is not corrected; it is, therefore, agreed that the Contractor shall pay liquidated damages to the District in the amount of one thousand dollars ($1,000) per day or portion thereof during which any safety violation is not corrected, as determined by the Director of Engineering. The Contractor agrees to pay such liquidated damages and in case the same are not paid, agrees that the District may deduct the amount thereof from any moneys due, or that may become due, from the Contractor under the Contract. 5.0 CONTROL OF WORK AND MATERIALS 5.1 Means and Methods It is expressly stipulated that the drawings, specifications, and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work, except in those instances where the nature of the completed Work is dependent on the method of performance. Except as provided elsewhere in the Contract Documents, neither the District, Designer, nor the Construction Administrator will be responsible for, or have control or charge of, construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the District, Designer, nor the Construction Administrator will be responsible for, or have control or charge over, the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the District or its authorized representatives shall not make the Contractor an agent of the District, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control. Neither the inspection by the District, Designer, or Construction Administrator, nor any order, measurement, approved modification, or payment of moneys, nor acceptance of any part or whole of the Work by the District, Designers, Construction Administrator, or their agents shall operate as a waiver of any provision of the Contract

64 Acceptance by the Construction Administrator, District and/or Designer of any drawings, or any information regarding materials and equipment the Contractor proposes to furnish, or method of work, shall not be regarded as an assumption of risks or liability by the Construction Administrator, Designer, or the District, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Construction Administrator, District, and/or Designer has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed. 5.2 District-Furnished Materials Materials, if furnished by the District, will be made available as designated in the General Requirements. Additional information on District-furnished materials is set forth in Section , District-Furnished Materials. The District may furnish such materials on the date specified therefor in the Contractor s approved schedule submitted pursuant to Section 01310, PROGRESS SCHEDULES, so long as the District determines that it has been given sufficient advance notice in order to reasonably procure the specified materials, or at the District s sole discretion, at any time prior to that date. The cost of unloading, hauling, and handling, and placing District-furnished materials shall be considered as included in the price bid for the Contract item involving such District-furnished material. Contractor shall inspect and assure itself of the amount and soundness of such materials. The Contractor will be held responsible for all materials furnished to it and received by it, and shall pay all demurrage and storage charges. District-furnished materials, lost or damaged from any cause whatsoever, shall be replaced by the Contractor. The Contractor will be liable to the District for the cost of replacing Districtfurnished material and such costs may be deducted from any moneys due or to become due the Contractor. 5.3 Defective and Unauthorized Work Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Construction Administrator. Any work done beyond the limits of work lines and grades shown on or described in the Contract Documents, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply with any order of the Construction Administrator made under the provisions of this paragraph, the Construction Administrator shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any moneys due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph , District's Right to Carry Out the Work, shall apply for this paragraph also

65 5.4 Unnoticed Defects Any defective work or material that may be discovered by the District, Construction Administrator, or Designer before the final acceptance of the Work, or before final payment has been made, or during the warranty period or within the period prescribed for latent deficiencies in Section of the Code of Civil Procedures, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the District, Construction Administrator, or Designer to reject inferior work or materials not provided in accordance with the Contract Documents shall not be construed to imply acceptance of such work or materials. 5.5 Right to Retain Imperfect Work If the District determines in its sole discretion, that any part or portion of the work performed or material furnished under this Contract is not in accordance with the Drawings and Specifications, the District shall have the right and authority to retain such work but shall make such deductions in the final payment therefore as may be just and reasonable. 6.0 PROGRESS OF THE WORK 6.1 Beginning of Work Notice to Proceed will not be issued until the Contractor has executed the Agreement, and furnished satisfactory Contract bonds and evidences of insurance within the time period specified in Paragraph , EXECUTION OF CONTRACT, and the District has executed the Agreement. Pursuant to Paragraph , Base Schedule Submittal, the Contractor shall submit to the Construction Administrator a CPM Base Schedule within ten (10) days after the effective date shown on the Notice to Proceed. Time is of the essence in this regard. Any Work performed by the Contractor prior to receiving Notice to Proceed shall be at the Contractor s own risk. No payment shall be made for any Work performed prior to receipt by the District of the Base Schedule submittal in accordance with Paragraph Once it has commenced Work, the Contractor shall diligently prosecute the same to completion within the time limits specified herein. 6.2 Time of Completion Time shall be of the essence of the Contract. The Contractor shall prosecute the Work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph , TIME ALLOWED FOR COMPLETION, and so that each District facility specified in Section 01020, WORK SEQUENCE AND CONSTRAINTS, shall be restored to full service within the time fixed for that facility therein. It is expressly understood and agreed by and between the Contractor and the District that the Contract time for completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions, and other factors prevailing in the locality, and the nature of the Work

66 6.3 Delays Notice of Delays - As soon as the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Construction Administrator in writing of the occurrence or the probability of the occurrence and the estimated extent of the delay, and its cause. Under no circumstances may the written notice be given more than ten (10) days following the occurrence of the delay; if such notice is not timely given, the Contractor shall forfeit its right to any time extension or additional compensation to the extent based on the delay. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Construction Administrator at the time of their occurrence as set forth above Non-excusable Delays - Non-excusable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers Excusable Delays - Excusable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and District and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or his subcontractors, at any tier level, or suppliers Abnormal Delays - Delays caused by acts of God, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials shall be considered as excusable delays, insofar as they prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical work activity item(s) on the latest favorably reviewed progress schedule as specified in Paragraph , MONTHLY UPDATES Weather Delays Any day during which inclement weather conditions prevent the Contractor from proceeding with seventy-five percent (75%) of the normal labor and equipment force engaged in any Critical Work activities for a period of at least five (5) [consecutive] hours shall be eligible to be an Inclement Weather Day. The Contractor shall submit to the District, in writing, its request for an Inclement Weather Day within forty-eight (48) hours of the occurrence that the Contractor wishes to have treated as an Inclement Weather Day. A request for an Inclement Weather Day will not be considered if the Work scheduled for that day did not include any Critical Work activities. The District shall make a determination as to whether the Inclement Weather Day(s) will be approved. The Contractor may be granted a time extension pursuant to Paragraph C, Weather Delays, for Inclement Weather Days, but only after the actual number of Inclement Weather Days specified in Paragraph have occurred, as determined by the Construction Administrator in accordance with the four preceding sentences Material Shortages - Upon the submission of satisfactory proof to the Construction Administrator by the Contractor, shortages of material will be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the Construction Administrator, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain

67 such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Construction Administrator that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement, or delays in fabrication due to submittals that receive unfavorable review. The above provisions apply equally to equipment to be installed in the Work Compensable Delays - Compensable delays in the prosecution or completion of the Work shall include delays that occur through no fault of the Contractor and prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical work activity item(s) on the latest favorably reviewed progress schedule due to the following cause(s): A. Delays due solely to the actions and/or inactions of the District B. Delays due to differing site conditions as defined in Paragraph , Differing Site Conditions C. Delays due to other Contractors employed by the District who interfere with the Contractor's prosecution of the Work as defined above Concurrent Delays - Concurrent delays are those delay periods when the prosecution of the Work is delayed during the same period of time due to causes from a combination of the delays defined in Paragraph , Non- Excusable Delays, Paragraph , Excusable Delays, or Paragraph , Compensable Delays. During such concurrent delay periods, time extensions may be granted in accordance with Paragraph , Time Extensions. If time extensions are granted, the Contractor shall not be compensated for its overhead costs as defined in Paragraph , Indirect Overhead, and the District shall not assess its actual costs. 6.4 Time Extensions Not Used Excusable or Compensable Delays - If the Contractor is delayed in the performance of its work as defined in Paragraph , Excusable Delays, or Paragraph , Compensable Delays, and such delay is on the longest critical path, and impacting the critical work activities, then the Contract completion date may be extended by the District for such time that, in the District's and Construction Administrator's determination, the Contractor's completion date will be delayed, provided that the Contractor strictly fulfills the following: A. The Contractor shall provide notification, in accordance with Paragraph , Notice of Delays, and submit in writing a request for an extension of time to the Construction Administrator stating, at a minimum, the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph , TIME IMPACT ANALYSES

68 B. If requested by the Construction Administrator, the Contractor shall promptly provide sufficient information to the Construction Administrator to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the Work. The Contractor shall also provide delay mitigation strategies that include but are not limited to re-sequencing of work, staggering of work and other schedule revisions. C. Weather Delays. After all Inclement Weather Days within the Base Schedule per Paragraph , have been determined, in accordance with Paragraph , Weather Delays, to have occurred, the Contractor may be granted a non-compensable time extension for additional Inclement Weather Days, pursuant to this Paragraph. Should the Contractor fail to fulfill any of the foregoing, which are conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension. During such extension of time, neither extra compensation for engineering, inspection, and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and District that time extensions due to excusable or compensable delays will be granted only if such delays involve critical work operations which would prevent completion of the whole Work within the specified Contract Time. Should the Contractor fail to complete the Work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the District liquidated damages in accordance with Paragraph , Liquidated Damages Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed, as defined in Paragraph , Compensable Delays. However, no reimbursement for indirect overhead shall be made for compensable delays which occur during a concurrent delay as defined in Paragraph , Concurrent Delays. No reimbursement for indirect overhead as covered in this Section shall be made for any time extensions granted for Contract Change Orders as provided in Section 01035, MODIFICATION PROCEDURES. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph , Excusable or Compensable Delays. Payment to the Contractor for indirect overhead expenses will be made only if the extended Contract period granted for the compensable delay(s) is required to complete the Work following the depletion of the original Contract Time and any time extensions granted other than compensable time extensions Indirect Field Overhead - For those allowable delay periods as defined in Paragraph , Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on: A. Invoices for all field office equipment, B. Actual salary for field office staff, C. Fair rental values acceptable to the Construction Administrator as described in Paragraph , FORCE ACCOUNT PAYMENT, for construction equipment idled due to the delay

69 Indirect Home Office Overhead - For those allowable delay periods as defined in Paragraph , Indirect Overhead, the Contractor shall be reimbursed for its home office overhead based on the following formula: Contract Bid Price ($) x (0.01) = Daily Home Office Overhead ($/Day) Contract Period (Days) As it is impractical to determine the actual home office overhead, such reimbursement shall be mutually agreed between the District and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors. The Contractor agrees to indemnify, defend, and hold the District harmless for any indirect overhead claims from its subcontractors. 6.5 Liquidated Damages It is agreed by the parties to the Contract that time is of the essence in the completion of this Work, and that in case all the Work called for under the Contract, or any portion thereof specified in Paragraph , TIME ALLOWED FOR COMPLETION is not completed before or upon the expiration of the time limits as set forth therein, as modified by extensions of time granted by the District, damage will be sustained by the District. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the District in the amount set forth in Paragraph , DAMAGES FOR DELAYS, for delay beyond the time prescribed to complete the Work or any portion thereof specified in Paragraph , TIME ALLOWED FOR COMPLETION. The Contractor agrees to pay such liquidated damages and in case the same are not paid, agrees that the District may deduct the amount thereof from any moneys due, or that may become due, the Contractor under the Contract. 6.6 Temporary Suspension of Work If the Contractor fails to correct defective work as required by Paragraph , Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the District, by a written order of the District's representative in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the District to stop the Work shall not give rise to any duty on the part of the District to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the District In the event that a suspension of work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the District may perform such work and the cost thereof may be deducted from moneys due the Contractor under the Contract The District shall also have authority to suspend the Work wholly, or in part, for such period as the District may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered

70 justification for time extensions to the Contract in an amount equal to the period of such suspension. The Contractor, as directed by the District, shall provide the provisions as stipulated in Paragraph above. Such additional work shall be compensated as provided for in Paragraph , SCOPE OF WORK - CHANGES IN THE WORK. 6.7 Termination of Contract Notice of Default In the event the District determines, in its sole discretion, that the Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, the District may give written notice of default to the Contractor in the manner specified for the giving of notices. Opportunity to Cure Default - Except for emergencies, the Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) days (or such shorter time as the District may reasonably require) after receipt of written notice. However, if the breach cannot be reasonably cured within such time, the Contractor will commence to cure the breach within two (2) Days (or such shorter time as the District may reasonably require) and will diligently and continuously persecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) days after receipt of such written notice. Delays by Sureties - Without limiting any of District s other rights or remedies, District has the right to suspend the performance of the Work by Contractor s sureties in the event of any of the following: 1. The sureties failure to begin Work within a reasonable time in such manner as to insure full compliance with the Contract Documents within the Contract Time; 2. The sureties abandonment of the Work; 3. If at any time District is of the opinion the sureties Work is unnecessary or unreasonably delaying the Work; 4. The sureties violation of any terms of the Construction Contract Documents; 5. The sureties failure to perform according to the Contract Documents; or 6. The sureties failure to follow District s instructions for completion of the Work within the Contract Time. If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the Construction Administrator, within the time specified in such notice, the District in such case shall have the authority to terminate the operation of the Contract. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the District may designate. Upon such termination, the Contractor's control shall terminate and thereupon the District may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the District may employ other parties to carry the Contract to completion, employ

71 the necessary workers, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the District may deem proper; or the District may annul and cancel the Contract and re-let the Work or any part thereof. Any excess of cost arising therefrom over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefor. In the event of such termination, all moneys due the Contractor or retained under the terms of this Contract shall be held by the District; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the Contract amount incurred by the District arising from the termination of the operations of the Contract and the completion of the Work by the District, as above provided, shall be paid for by any available funds held by the District. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. 6.8 Termination For Convenience Notwithstanding any other provision of this Contract, the District, at its option from time to time, may terminate for convenience, any part or all of the Work by notice to the Contractor. Notice of termination under this Section shall specify the extent to which the performance of work is terminated and the effective date of the termination. Upon receipt of the notice, the Contractor shall: A. immediately discontinue work on the date and to the extent specified in the notice and shall place no further Subcontracts other than as may be required for completion of the part of Work that is not terminated; B. assist the District in the maintenance, protection, and disposition of work in progress, plant, tools, equipment, property and materials acquired by the Contractor or furnished by the Contractor under this Contract; and C. complete performance of the work which is not terminated. If the Work or any part of it is terminated under this Section, the Contractor shall not make any Claim or be entitled to be paid any amount other than: A. subject to Paragraph , Final Inspection and Payment, all amounts due and not previously paid to the Contractor for work completed in accordance with the Contract prior to the termination, and for the work thereafter completed as specified in the notice; B. reasonable administrative costs incurred by the Contractor of settling and paying claims arising out of the termination of Subcontractors; C. reasonable costs incurred by the Contractor in demobilization and in the disposition of residual materials and plant and equipment; and D. a reasonable profit on the costs described in (B) and (C) above. The Contractor, within thirty (30) days after its receipt of notice of termination under this paragraph, shall submit a Notice of Claim to the District s Representative setting out the amount of the incurred costs described above, in sufficient detail to permit thorough review by the District

72 7.0 SCOPE OF WORK - CHANGES IN THE WORK 7.1 Change Orders Without invalidating the Contract and without notice to sureties or insurers, the District through the Construction Administrator, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Order or Change Order. The Contractor shall comply promptly with the requirements for all Change Orders or Field Orders. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Amount or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Amount or an extension of the Contract Time Extra work shall be that work not shown or detailed on the Contract Drawings and not specified in the Contract Documents. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Construction Administrator shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the District through the Construction Administrator, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered In case any change increases or decreases the work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjustment to the Contract price, based upon the provisions of Section 01035, MODIFICATION PROCEDURES If the Contractor refuses to accept a Change Order, the District may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The District shall provide for an equitable adjustment to the Contract, and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph , Claims. 7.2 Differing Site Conditions Pursuant to Public Contract Code Section 7104, the Contractor shall immediately notify the Construction Administrator in writing upon discovery of a differing site condition and shall not further disturb such conditions before the District acknowledges receipt of such notice. Under no circumstances may the written notice be given more than seventy-two (72) hours following the discovery; if such notice is not timely given, the Contractor shall forfeit its right to any time extension or additional compensation to the extent based on the delay. Differing site conditions, shall include any of the following: A. Material that the Contractor believes may be material that is 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

73 B. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. In addition to giving written notice as described above upon encountering material that the Contractor believes may be hazardous waste as defined above, Contractor also shall immediately stop all Work to any area affected by said material, if continuing Work may present a substantial danger to persons or property exposed to the materials in connection with any Work at the site. These obligations pertaining to hazardous waste, shall apply only to such hazardous waste not shown or indicated in Drawings, Specifications, or otherwise identified in the Contract Documents to be within the Scope of Work. The District, or the Contractor, if the District so directs in its sole discretion, in accordance with Paragraph , Change Orders, shall promptly investigate the conditions, determine the necessity to retain a qualified expert to evaluate such hazardous condition, and/or to take corrective action, if necessary, and if the District finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the Work, the District shall cause to be issued a change order under the procedures provided in Paragraph , Change Orders. Contractor shall not be required to resume work in connection with such hazardous condition not shown or indicated in Drawings, Specifications, or otherwise identified in the Contract Documents, or in any such affected area until after District has obtained any required permits related thereto and delivered to Contractor special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of work, or (ii) specifying any special conditions under which such work may be resumed safely. In the event that a dispute arises between the District and the Contractor whether the conditions materially differ, or involve hazardous waste (other than that shown or indicated in Drawings, Specifications, or otherwise identified in the Contract Documents), or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract provided that, if after receipt of the special written notice described above in Paragraph , Differing Site Conditions, Contractor does not agree to resume such work based upon a reasonable belief that it is unsafe to do so, or does not agree to resume such work under the special conditions specified in said special written notice, the District may at its sole election order the portion of the Work affected by said hazardous waste to be deleted from the Work under the procedures provided in Paragraph , Change Orders, and the District may thereupon have the portion of the Work so deleted performed by District s own forces or by separate contract(s). 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, Paragraph , Resolution of Disputes. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required

74 The Contractor shall cooperate with forces engaged in sampling, investigation, and clean-up work pertaining to hazardous waste (whether or not said hazardous waste is shown or indicated in Drawings, Specifications, or otherwise identified in the Contract Documents) and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces. The District shall not be responsible for any such materials brought to the site by the Contractor, subcontractors, suppliers, or anyone else for whom the Contractor is responsible Controlled Access - In addition to any other requirements set forth in the Contract Documents, and in addition to complying with the requirements of Section 5192, Article 109 of the General Industry Safety Orders, Title 8, California Code of Regulations, the Contractor shall provide a gate keeper at each area designated as Controlled Access. The gate keeper shall be present at all times when hazardous substance removal work is in progress, or when personnel could be exposed to the hazardous substance. The gate keeper shall: A. Verify that each person entering the controlled access area has received the required training and has the required personal protective equipment for the area to be entered. B. Issue, to each person allowed entry, a badge or other distinctive visible device to wear that indicates that the person is authorized to enter the controlled access area. C. Maintain a written record of all persons entering and leaving the controlled access area. D Allow the District access to the record at all times during the Work. E. Provide the original or a certified copy of the record of entry and egress to the District, as requested and when all work in the controlled access area is completed and accepted by the District. F. Secure the site when work is not in progress Disposal Plans - In addition to any other requirements set forth in the Contract Documents, the Contractor shall submit disposal plans where appropriate in accordance with this Paragraph , Disposal Plans. A. Materials disposal plan: 1. The Contractor shall prepare a materials disposal plan that complies with all applicable requirements of: the Federal Resource Conservation and Recovery Act; Title 8, Title 22, and Title 26 of the California Code of Regulations; and all applicable regulations of all local, State and Federal agencies having jurisdiction over the disposal of removed materials, and other waste, whether hazardous or nonhazardous. Submit a copy of the plan for the District's acceptance prior to disposing of any material. 2. The Contractor shall submit permission from disposal site owner to dispose of material prior to disposing of any material, which shall include the name, address, and telephone number of the disposal site and of the owner of the disposal site

75 B. Discharged water control and disposal plan: 7.3 Resolution of Disputes 1. The Contractor shall submit a detailed discharged water control and disposal plan for the District's acceptance prior to any work at the jobsite. 2. Such plan shall be prepared by a California registered Civil Engineer, and shall comply with all requirements of the Contract Documents and with regulations of the California Regional Water Quality Control Board - San Francisco Bay Region, or the California Regional Water Quality Control Board - Central Valley Region, whichever has jurisdiction, for work in Alameda and Contra Costa Counties, California Department of Fish and Game, County Flood Control and Water Conservation Districts, and any other regulatory agency having jurisdiction, whichever is most stringent. Paragraphs and specify the procedures for making, processing, and resolving claims. The District will not recognize monetary claims asserting or based on constructive acceleration, re-sequencing, or cumulative impact Contract Interpretation by the Construction Administrator - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Construction Administrator. Where practicable, the Construction Administrator shall respond to the Contractor, in writing, with a decision within seven (7) days of receipt of the request Claims Notice - If the Contractor disagrees with the Construction Administrator's decision in Paragraph , Contract Interpretation by the Construction Administrator, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due it for work or materials not covered in the Contract or which the Construction Administrator has not recognized as extra work, the Contractor shall notify the Construction Administrator, in writing, of its intention to make claim. Claims pertaining to decisions provided in Paragraph , Contract Interpretation by the Construction Administrator, or such other determination by the Construction Administrator shall be filed in writing to the Construction Administrator within ten (10) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Construction Administrator prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim." Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount. Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraph , Delays, and Paragraph , Time Extensions are complied with. No claim filed after the date of final payment will be considered. It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work, or other situation which, had proper notice been given, would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the Construction Administrator and District,

76 and is not merely a formality. Such notice allows the District to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Construction Administrator has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available to the Construction Administrator a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Construction Administrator on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work Submission of Claim Costs - Within thirty (30) days after the last cost of work for which the Contractor contends it is due additional compensation is incurred, but if costs are incurred over a span of more than thirty (30) days, then within fifteen (15) days after the thirtieth day and every month thereafter, the Contractor shall submit to the Construction Administrator, as best it is able, its costs incurred for the claimed matter. Claims shall be made in itemized detail and should the Construction Administrator be dissatisfied with format, Contractor will promptly comply to the satisfaction of the Construction Administrator. If the additional costs are in any respect not knowable with certainty, they shall be estimated as best can be done. In case the claim is found to be just, it shall be allowed and paid for as provided in Section 01035, MODIFICATION PROCEDURES Claim Meetings - From time to time the Construction Administrator may call a special meeting to discuss outstanding claims should it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Construction Administrator Resolution of Claims subject to Public Contract Code Section For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for Three Hundred and Seventy Five Thousand Dollars ($375,000) or less shall be processed by the District and resolved pursuant to the provisions of that code section, which are summarized in subparagraphs through below For a claim for money or damages of less than Fifty Thousand Dollars ($50,000), the District shall respond in writing to any written claim within forty-five (45) days of receipt of the claim by the District, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the District may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the District and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the Contractor within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater For claims of over Fifty Thousand Dollars ($50,000) and less than or equal to Three Hundred and Seventy Five Thousand Dollars ($375,000), the District shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the District

77 may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the District and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater If the Contractor disputes the District's written response, or the District fails to respond within the time prescribed, the Contractor may so notify the District, in writing, either within fifteen (15) days of receipt of the District's response or within fifteen (15) days of the District's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the District shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim as provided in chapter 1 (commencing with section 900) and chapter 2 (commencing with section 910) of part 3 of division 3.6 of title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits a timely written claim until the time that the claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process; provided that if the Contractor fails to demand a meet and confer conference within the applicable fifteen (15) day period, then the Contractor shall be deemed not to dispute the District's written response to the claim and any tolling of the running of the period of time within which a Government Code claim must be filed (see Public Contract Code section (e)) shall cease upon expiration of the applicable fifteen (15) day period The following procedures shall apply to all civil actions filed to resolve claims subject to Public Contract Code section (i.e., any claim for a time extension or claim for money or damages of less than Three Hundred and Seventy Five Dollars ($375,000)). A. Mediation. Within sixty (60) days, but no earlier than thirty (30) days, following the filing of responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the fifteen (15) day period, any party may petition the court to appoint the mediator. B. Arbitration. 1. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to chapter 2.5 (commencing with section ) of title 3 of part 3 of the Code of Civil Procedure, notwithstanding section of that code. The Civil Discovery Act of 1986 (article 3 (commencing with section 2016) of chapter 3 of title 3 of part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration

78 2. Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. 3. In addition to chapter 2.5 (commencing with section ) of title 3 of part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. C. Witnesses. The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. D. Payment of Undisputed Claims. The District shall not fail to pay money as to any portion of a claim that is undisputed except as otherwise provided in the Contract Documents. E. Interest. In any suit filed on a claims subject to Public Contract Code section 20104, the District shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law in the California County where the work is being performed Resolution of Claims over $375,000 - Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the District and the Contractor that are not resolved between the District and the Contractor, and are not governed by Public Contract Code 20104, shall be decided by a court of competent jurisdiction unless arbitration is mutually agreeable to both parties. 8.0 PAYMENT Should either party to this Agreement bring legal action against the other, the case shall be handled in the California County where the work is being performed. 8.1 Scope of Payment General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials except for those materials supplied by the District as set forth in Paragraph , DISTRICT FURNISHED MATERIALS, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefor. Neither the payment of any progress payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. The estimated quantities given in the Bid Form for items bid on a unit price basis are approximate and are given only as a basis for comparison of bids. District does not expressly, nor by implication, warrant that the actual amount of work will correspond to the estimated quantities given in the Bid Form or Bill of Materials

79 For any discrepancy between Bill of Materials and Project Drawings, the Project Drawings shall take precedence over Bill of Materials as set forth in Paragraph , Discrepancies and Omissions. District reserves the right to increase or decrease the amount of work performed under unit price Bid Items, or to omit such work altogether. No adjustments to the Contract unit prices will be made, nor will any claim for loss of anticipated profit be allowed on account of any such increase, decrease, or omission except as provided for in Paragraph , ADJUSTMENTS DUE TO VARIATION IN QUANTITY OF UNIT PRICE WORK Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the Work, or any part thereof, shall be included in the price bid for doing the Work, and the Contractor and its sureties shall defend, protect, and hold the District, the Construction Administrator, and Designers, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the District, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the District regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the Work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and all costs in connection therewith shall be included in the total amount of the Contract Price Payment for Labor and Materials - The Contractor shall pay, and require its subcontractors to pay, any and all accounts for labor including worker's compensation premiums, State unemployment and Federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay, and cause its subcontractors to pay, any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the District, the Contractor shall furnish proof of payment of such accounts to the District. 8.2 Progress Payments In consideration of the faithful performance of the Work satisfactorily prosecuted in accordance with the provisions of these Specifications and the Contract, the District will make progress payments to the Contractor for all such work installed and not yet paid for, less retention as provided in Paragraph , Right to Withhold Amounts. Progress payments for unit price Bid Items will be made at the unit prices set forth on the Contractor's Bid Form measured in accordance with Paragraph , MEASUREMENT. Progress payments for lump sum Bid Items will be made on the basis of percentage completion as estimated for each item in the accepted cost breakdown, or on the basis of the cost value of the portion of each activity completed as set forth in the Monthly Schedule Report defined in

80 Paragraph , Monthly Updates, within Section 01310, PROGRESS SCHEDULES, whichever is applicable under Paragraph , CONTRACTOR S COST BREAKDOWN. Payments will be made by the District to the Contractor on estimates duly certified and approved by the Construction Administrator, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the site by the Contractor and not yet incorporated into the work accompanied by an approved invoice). Payments will not be made for any work or materials for which Paragraph , MEASUREMENT specifies that no payment will be made, nor, unless specifically provided for in the Contract Documents, for temporary construction. Monthly requests for payment shall be submitted to the Construction Administrator three (3) weeks before either the first or third Wednesday of each month, accompanied by certified payrolls, evidence that the Record Drawings were updated the previous week as required under Paragraph , RECORD DRAWINGS and such schedule updates or Monthly Schedule Reports as are required under Paragraph , Monthly Updates, within Section 01310, PROGRESS SCHEDULES. Any submission of a progress payment request without the required accompanying submittals will be returned to the Contractor for resubmittal. The Contractor shall submit its requests for payment in the form of an estimate of the work completed during the prior month and the work completed to date in a format corresponding to the accepted cost breakdown, or the Monthly Schedule Report defined in Paragraph , Monthly Updates, within Section 01310, PROGRESS SCHEDULES, whichever is applicable under Paragraph , CONTRACTOR S COST BREAKDOWN. Each request for payment shall be certified by the signature of a responsible managing officer of the Contractor's firm. Additionally, the Contractor shall submit a detailed statement of the Contractor's request for payment of acceptable materials and equipment on hand in compliance with Paragraph , Partial Payments - Inclusion of Materials on Hand. The Construction Administrator shall review the submitted request for payment within seven (7) days and verify that the total amount of materials on hand is correct and that the materials are in acceptable condition or return the request for payment for additional information. If requested, the Contractor shall provide such additional data as may be reasonably required to support the progress payment request. If the Construction Administrator does not agree with the Contractor's estimate of amount earned, the progress payment request will be returned for revision. The Construction Administrator will be available to meet to discuss the progress payment request in an attempt to reach an agreement thereon prior to its resubmittal(s). Following such a meeting, the Contractor shall submit a revised request for payment and an updated schedule, which reflects the changes, agreed upon in the above-mentioned meeting. When the Contractor's estimate of amount earned conforms with the Construction Administrator's evaluation, the Construction Administrator will submit the recommended progress payment request for the District's approval and processing. When such an agreement cannot be reached, the District's value will be used. Payment will be made by the District to the Contractor in accordance with District's normal accounts payable

81 procedures; the District shall retain amounts in accordance with Paragraph , Right to Withhold Amounts. It is the intention of the District to make payments to the Contractor by the 30th day after receipt of an undisputed and properly submitted payment request, except where funds are not available for payment, or where payment is delayed due to an audit inquiry by the chief financial officer of the District. Failure on the part of the District to make said Payment shall not be cause for an increase to cost except as specified to the contrary in Public Contract Code Section No such estimate or payment shall be required to be made, when in the judgment of the Construction Administrator, the Work is not proceeding in accordance with the provisions of the Contract Documents, or when in the Construction Administrator's judgment the total value of the work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). Progress payments shall not be construed as acceptance of any part of the Work. 8.3 Partial Payments - Inclusion of Materials on Hand Materials, as used herein, shall be considered to be those items which are fabricated and manufactured goods and equipment. Only those materials for which the Contractor can transfer clear title to the District will be qualified for partial payment. The Contractor may request payment of up to seventy-five percent (75%) of the actual net cost of these materials. To receive partial payment for materials and equipment delivered to the Site, but not incorporated in the Work, it shall be necessary for the Contractor to submit to the Construction Administrator a list of such equipment or materials, at least seven (7) days prior to submitting the monthly estimate of amount earned for work completed. At the Construction Administrator's sole discretion, the Construction Administrator will approve items for which partial payment is to be made subject to the following: A. Only equipment or materials which have received favorable review of shop drawings will qualify. B. Eligible equipment or materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Construction Administrator, at the job site or at a bonded warehouse. C. The Contractor's actual net cost for the equipment or materials must be supported by invoices of suppliers or other documentation requested by the Construction Administrator. D. Materials or equipment delivered to the Site less than seven (7) days prior to their scheduled incorporation in the Work shall not qualify. E. Final payment shall be made only for equipment or materials actually incorporated in the Work. Upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. F. Partial payments for materials and equipment on hand shall not be deemed to be final payment for the material nor relieve the Contractor of its obligations under the Contract

82 G. Partial payments for materials and equipment on hand shall be subject to retention in accordance with Paragraph , Right to Withhold Amounts. 8.4 Right to Withhold Amounts Retention - As further specified in this paragraph District will deduct proportionate amounts from each progress payment and will retain such amounts as part security for the satisfactory and timely completion of the Work: A. The District will deduct and retain five percent (5%) of each progress payment above other withholds and deductions. Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the District to ensure the performance of the Contract, the Contractor, may, at their option, choose to substitute securities, meeting the requirements of said Section In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the District and the escrow agent, a qualified bank to be acceptable to the District, in the form of the agreement included in the project specifications. In order to utilize this procedure, the Contractor shall submit the signed escrow agreement at least two (2) weeks before the first progress payment and the escrow agreement must be fully executed prior to the first progress payment. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the District, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of moneys to be withheld by the District to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the District, or in escrow, is equivalent to the amount of money to be withheld by the District under the Contract. Any Contractor wishing to exercise this option shall, at the request of any Subcontractor performing more than five percent (5%) of the Contractor s total bid, make this same option available to the Subcontractor regarding any moneys withheld in retention by the Contractor, and if the Contractor elects to receive interest on any moneys withheld in retention by the District, then the Subcontractor shall receive the identical rate of interest on any retention moneys withheld from the Subcontractor by the Contractor. In addition, any Contractor wishing to exercise its option to substitute securities shall give notice in writing to District, and shall thereafter execute an escrow agreement in the following form:

83 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into on by and between: Contra Costa Water District whose address is 1331 Concord Avenue, Concord, California, hereinafter called "District, and hereinafter called "Contractor, and whose address is hereinafter called "Escrow Agent. whose address is For the consideration hereinafter set forth, the District, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section of the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Section 22300, with Escrow Agent, as a substitute for retention earnings required to be withheld by District pursuant to the Construction Contract entered into between District and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the District and Contractor. Securities shall be held in the name of District, and shall designate the Contractor as the beneficial owner. 2. District shall make progress payments to Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of the District. These expenses and payment terms shall be determined by the District, Contractor and Escrow Agent

84 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor, at any time and from time to time, without notice to the District. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that District consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the District certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The persons who are authorized to give or receive written notice on behalf of the District and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: ON BEHALF OF DISTRICT: General Manager Title Jerry Brown Name ON BEHALF OF CONTRACTOR: Title Name Signature 1331 Concord Avenue, Concord, CA Address *ON BEHALF OF DISTRICT: Assistant General Manager Title Name Signature 1331 Concord Avenue, Concord, CA Address Signature Address ON BEHALF OF ESCROW AGENT: Title Name Signature Address

85 At the time the Escrow Account is opened, District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. DISTRICT: CONTRACTOR: General Manager Title Title Jerry Brown Name Name Signature Signature * In the event the General Manager is not available to give or receive written notice on behalf of the District, the Assistant General Manager shall be authorized to give or receive said written notice

86 8.4.2 Other Withholds - In addition to the amount which the District may otherwise retain under the Contract, the District may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover the following items: A. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. B. Defective work not remedied. C. Failure of the Contractor to make proper payments to its subcontractors or suppliers. If a Stop Notice is timely submitted, the District shall withhold 125% of the amount set forth in the Stop Notice until the dispute is resolved. D. A reasonable doubt that the Contract can be completed for the balance then unpaid. E. Damage to another Contractor or third party, or to property. F. Failure of the Contractor to keep its work progressing in accordance with its progress schedule, or where applicable, the latest base or revised CPM construction schedule, submitted as required in Section 01310, PROGRESS SCHEDULES, or failure to maintain current record drawings, or failure to submit daily construction activity reports. G. Failure to comply with environmental and other regulatory requirements. H. Cost of insurance arranged by the District due to cancellation or reduction of the Contractor's insurance. I. Failure of the Contractor to make proper submissions, including but not limited to additional costs of submittal review beyond the second submission, as specified in Paragraph , Submittal Completeness, and elsewhere in the Contract Documents. J. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining the schedule of submittals, or the construction schedule, or completion of daily construction activity reports, or failure to submit timely and satisfactory record drawings in accordance with Paragraph , RECORD DRAWINGS. K. Payments due the District from the Contractor, including but not limited to the monthly service charge, and consumption charge for water used by Contractor pursuant to Paragraph , Water. L. Reduction of Contract Amount because of modifications. M. The Contractor's neglect or unsatisfactory prosecution of the Work including failure to maintain site cleanliness. N. Penalties under Labor Code Section 1775 for failure to pay the prevailing wage rates. O. Penalties under Labor Code Section 1776 for failure to provide certified payroll information when requested in writing

87 P. Penalties under Labor Code Sections 1810 through 1815 for Contractor s failure to comply with overtime requirements. Q. Retention of prorated portion of liquidated damages for falling more than fourteen (14) days behind schedule on specified activities critical to achieving milestone dates or completion of the Work on time, as presented in Paragraph , Withhold for Failure to Meet Schedule On Critical Activities. R. Provisions of law that enable or require the District to withhold such payments in whole or in part. When the above reasons for withhold amounts are resolved, payment may be made to the Contractor for amounts withheld less any District incurred expenses. The District, at its discretion, may apply any withheld amount or amounts to the payment of valid claims. In so doing, the District shall be deemed the agent of the Contractor, and any payment so made by the District shall be considered as a payment made under the Contract by the District to the Contractor, and the District shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The District will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor Withhold for Failure to Meet Schedule on Critical Activities - If at any time during the performance of the Work, the Contractor falls fourteen (14) days or more behind the approved schedule on activities critical to achieving specified milestone dates or completion of the Work on schedule as determined by the District, the District shall have the right, in its sole discretion, to withhold from any payment to the Contractor an amount equivalent to the applicable liquidated damages times the number of days by which the Contractor has fallen behind schedule on the critical activities. Omission by the District to make a withhold in connection with the Contract delay, even though such delay has occurred, shall not be deemed to indicate that the District does not intend to exercise its right with respect to such withhold. Neither the above provisions for rights of the District to withhold funds nor any exercise or attempted exercise thereof, or omission to exercise such right by the District shall create any obligation of any kind to material suppliers, subcontractors, workers, or other persons. The District's right to withhold funds under Paragraph , Withhold for Failure to Meet Schedule on Critical Activities, shall not be deemed to limit and/or impair any other rights or remedies which the District has under this Contract. Should the Contractor fall behind schedule, a revised schedule shall be submitted to the District in accordance with Paragraph , Schedule Revisions, showing how the Contractor plans to recover schedule. As the Contractor recovers schedule, withheld amounts will be returned by the District in an amount equal to the applicable liquidated damages times the number of days recovered on the schedule, as determined by the District, such that if and when the schedule if fully recovered, the withhold will drop to zero

88 Evaluation of schedule recovery and withhold amounts to be returned to the Contractor will be made by the District on a monthly basis as part of the processing of the Contractor's monthly pay requests Securities in Lieu of Withheld Amounts - To the extent that moneys are withheld by the District under Paragraph , Other Amounts Withheld, to ensure performance of the Work, the Contractor may substitute securities pursuant to Section of the Public Contract Code. The requirements of Paragraph , Retention, which apply to the use of securities for retention, shall also apply to the use of securities for other withheld amounts under Paragraph , Other Amounts Withheld, to the extent applicable under the Public Contract Code Section Substantial Completion When the Contractor considers that the Work is substantially complete, the Contractor shall notify the Construction Administrator, in writing. Upon receipt of the notification, the Construction Administrator and the District will make inspection to determine if the Work is sufficiently complete in accordance with the Contract Documents, so the District can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the Construction Administrator shall notify the Contractor, in writing, of such items. Upon the completion of such corrective work, the Contractor shall so notify the Construction Administrator, in writing. The Contractor shall complete all work specified for Substantial Completion within the time specified in Paragraph , Time Allowed for Substantial Completion. The failure to obtain Substantial Completion within this time period will result in the assessment of liquidated damages in the amount specified in Paragraph , Damages for Delay in Substantial Completion. The Construction Administrator shall inspect the Work to determine its acceptability for Substantial Completion. Upon verification that the project is substantially complete, the Construction Administrator shall prepare a punch list and notify the Contractor, in writing, that the project is substantially complete. The notification shall establish the date of Substantial Completion and the responsibilities of the District and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance. The punch list shall list all remaining work which does not meet the terms of the Contract. The Contractor shall finish all items on the punch list within the time specified in Paragraph , Time Allowed for Final Completion. The failure to complete the punch list within the time period provided in Paragraph , Time Allowed for Final Completion, will result in the assessment of liquidated damages in the amount specified in Paragraph , Damages for Delay in Final Completion. 8.6 Final Inspection and Payment Upon completion of the Work and upon receipt of all closeout items specified in Paragraph , CLOSEOUT SUBMITTALS, the Contractor shall so notify the Construction Administrator, in writing. Within ten (10) days of receipt and delivery of the notification, the Construction Administrator will make the final inspection to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the Construction Administrator shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Contractor shall notify the District that it believes that the Work, has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the District. After

89 completion of the Work, but prior to its acceptance by the District, the last progress payment will be made to the Contractor in accordance with Paragraph , Progress Payments. After receipt of the last progress payment, but prior to acceptance of the Work by the District, the Contractor shall send a letter to the Construction Administrator. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the District, the Construction Administrator, the Designer, and their duly authorized agents, from all claim of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as provided in Paragraph , Claims, may be specifically excluded by the Contractor from the operation of the release. Following receipt of all required submittals and the Construction Administrator's written statement that construction is complete and recommendation that the District accept the project, the District will take formal action on acceptance. Within ten (10) days of the acceptance by the District of the completed work embraced in the Contract, the District will cause to be recorded in the office of the County Recorder a Notice of Completion. Sixty (60) days after the date of completion stated in the Notice of Completion, the District will pay the Contractor, in lawful money, such sums of money as may be due the Contractor, including all sums retained, subject to amounts withheld under Paragraph , Other Withholds, and an amount not to exceed 125 percent (125%) of other disputed amounts, but excluding such sums as have previously been paid the Contractor. This payment will constitute the final payment to the Contractor under this Contract. 8.7 Warranty of Title No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the District free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon. 9.0 EXISTING UTILITIES 9.1 Notification Pursuant to Government Code Sections 4216 through , the Contractor shall notify the appropriate regional notification center of all excavations as required under Government Code Sections 4216 through The Contractor shall contact Underground Service Alert at for the location of subsurface installations. Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with Underground Service Alert within three (3) days after such contact(s)

90 9.2 Identification of Location At least two (2) days but not more than fourteen (14) days before performing any excavation work, unless the Construction Administrator concurs with the Contractor s determination, pursuant to Government Code section (e), that it is not practical to do so, the Contractor shall delineate with white paint or other suitable markings the area to be excavated, and shall request the operators of subsurface installations to mark or otherwise indicate the approximate location of their subsurface installations (as approximate location of subsurface installations is defined in Government Code Section 4216(a)). Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with the operators of subsurface installations requesting them to mark or otherwise indicate the approximate location of their respective subsurface installations within 3 (three) days after such contact(s). Contractor shall also provide written documentation to the Construction Administrator of its contact(s) with Underground Service Alert and any other Regional Notification Center at least two (2) working days prior to the expiration (twenty-eight (28) days after being issued) of a valid inquiry identification number that the identification number has been renewed. At District facilities such as treatment plants, pumping plants, pump stations, reservoirs, and Contra Costa Canal the District performs additional locating for electrical, control, chemical, cathodic protection, and irrigation lines. The Contractor shall notify the Construction Administrator and Underground Service Alert at least five (5) working days before potholing or excavating at these sites. The Contractor shall be responsible for verifying location, including depth of existing utilities, prior to the relevant submittals. The Contractor shall preserve markings provided by the District so that remarking of the same utilities is not required. If it is determined by the Contractor, with the concurrence of the Construction Administrator, that it is not practical to delineate the area to be excavated, the Contractor shall contact the regional notification center to advise the subsurface installation operators that the Contractor will identify the area to be excavated in another manner sufficient to enable the subsurface installation operators to determine the area of the excavation to be field marked pursuant to Government Code Section Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with Underground Service Alert within three (3) days after such contact(s). Upon being notified by the operator of the high priority subsurface installation that the excavation is proposed within 10 feet of a high priority subsurface installation, the Contractor shall meet onsite with the operator or its representative at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installations prior to start time. If, at any time during an excavation for which there is a valid inquiry identification number, any subsurface installation operator s field markings are no longer reasonably visible, the Contractor shall contact the appropriate regional notification center. The Contractor shall not proceed with excavation until the subsurface installation operator has re-located and re-marked those subsurface installations that may be affected by the excavation to the extent necessary in conformance with Government Code Section The Contractor shall notify the appropriate regional notification center of the failure of a subsurface installation operator to locate or mark its subsurface installations

91 in compliance with Government Code Section The notification shall include the inquiry identification number issued by the regional notification center. It shall be the Contractor's responsibility to determine the exact location and depth of all subsurface installations, including high priority subsurface installation and service connections, which have been marked by the respective subsurface installation operators or their representatives, and which Contractor believes may affect or be affected by Contractor's operations. Only a qualified person shall perform subsurface installation locating activities, and such person shall use a minimum of a single-frequency utility locating device and shall have access to alternative sources for verification, if necessary. If no pay item is provided in the Contract for this Work, full compensation for such Work shall be considered as included in the prices bid for other items of Work. When the excavation is within the approximate location of subsurface installation, the Contractor shall determine the exact location of subsurface installations in conflict with the excavation by excavating with hand tools within the area of the approximate location of subsurface installations as provided by the operators before using any power-operated or power-driven excavating or boring equipment within the approximate location of the subsurface installation, except that poweroperated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there are no subsurface installations contained in the pavement. If documented notice of the intent to use vacuum excavation devices, or power-operated or power-driven excavating or boring equipment, has been provided to the subsurface installation operator or operators and it is mutually agreeable with the operator or operators and the Contractor, the Contractor may utilize vacuum excavation devices, or power-operated or power-driven excavating or boring equipment within the approximate location of a subsurface installation and to any depth. If the exact location of the subsurface installation cannot be determined by hand excavating in accordance with the preceding subparagraph, the Contractor shall request the subsurface installation operator to provide additional information to the Contractor, to the extent that information is available, to enable the Contractor to determine the exact location of the installation. The regional notification center shall provide the Contractor with the contact phone number of the subsurface installation operator. 9.3 Damage and Protection The Contractor, upon discovering or causing damage to a subsurface installation, including all breaks, leaks, nicks, dents, gouges, grooves, or other damage to subsurface installation lines, conduits, coatings, or cathodic protection, shall immediately notify the Construction Administrator and the subsurface installation operator. The Contractor may contact the regional notification center to obtain the contact information of the subsurface installation operator. If high priority subsurface installations are damaged and the subsurface installation operator cannot be contacted, the Contractor shall call 911 emergency services. The Contractor shall be responsible for the cost of repairing and/or relocating damaged subsurface installations as follows: A. The Contractor has failed to comply with the provisions of this Paragraph , EXISTING UTILITIES, and/or Government Code Section and/or ;

92 B. The Contractor has failed to comply with the requests of the operator of the subsurface installation to protect the subsurface installation as specified by the operator C. Subsurface installations correctly marked and/or delineated within two feet on either side of the outside edge of the subsurface installation on District s plans. D. Other facilities apparent from visual inspection of the site or existing service laterals in appurtenances which can be inferred from the presence of other visible facilities such as buildings, meters, junction boxes, etc., on or adjacent to the construction site. In addition to the cost of repairing and/or relocating damaged subsurface installations, the Contractor shall, pursuant to Paragraph , INDEMNIFICATION, defend, indemnify, and hold harmless the District, and its elected officials, officers, agents, employees and representatives against and from all damages, costs, and expenses that may at any time arise out of, or are in any way connected with, damages to a subsurface installation caused by the Contractor s failure to proceed as specified above. 9.4 Utility Relocation and Rearrangement The right is reserved to the District and the operators of subsurface installations or their authorized agents to enter upon the work area for the purpose of making such changes as are necessary for the rearrangement of their installations or for making necessary connections or repairs to their installations. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective operators time to relocate their subsurface installations. The Contractor assumes responsibility for the removal, relocation, or protection of existing subsurface installations wherein said installations are identified by the Contract Documents, correctly field located (marked) by a subsurface installation operator, or as provided for in the General Requirements. The Contractor shall coordinate with the operator of subsurface installations for the rearrangement of said installations. In the event that subsurface installations are found that are not shown in the Contract Documents or are found to exist in a substantially different location than shown in the Contract Documents, or are not correctly field located, the Contractor shall: (1) notify the Construction Administrator of the existence of said subsurface installations immediately in writing; and (2) take steps to ascertain the exact location of all subsurface installations prior to doing work that may damage such facilities. Requests for extensions of time arising out of delays resulting from subsurface installations not shown in the Contract Documents or are found to exist in a substantially different location than shown in the Contract Documents, and not correctly field located (marked) by a subsurface installation operator, shall be reviewed by the Construction Administrator. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the District or the operator of subsurface installations to provide for the removal or relocation of installations for which the District or the operator is the responsible party as defined in Paragraph , Damage and Protection

93 In accordance with the provisions of Paragraph , Change Orders, the Contractor shall be entitled to compensation for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating subsurface installations other than those for which the Contractor is the responsible party under Paragraph , Damage and Protection, including but not limited to utility mains, and for equipment necessarily idled during such work. Nothing in this paragraph or in Paragraph , Damage and Protection, shall apply to any facility actually being installed or replaced by the Contractor under the Contract Documents or in any way alter the parties responsibilities under Paragraph , DISTRICT FURNISHED MATERIALS, with respect to materials furnished by District. Where it is determined by the Construction Administrator that the rearrangement of an subsurface installation, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the Construction Administrator will provide for the rearrangement of such installation by other forces or by the Contractor in accordance with the provisions of Paragraph , Change Orders. When the General Requirements, Specifications, or Plans indicate that a subsurface installation is to be relocated, altered or constructed by others, the District will conduct all negotiations with the operator of that subsurface installation and the work will be done at no cost to the Contractor. Temporary or permanent relocation or alteration of subsurface installations desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs. Except where the operator of a subsurface installation has advised that it intends to repair the damage through its own forces or forces that it will retain or has retained, Contractor shall, within twenty-four (24) hours of receipt from the District of notice to commence correction of damage, notify the Construction Administrator, in writing, if Contractor intends to repair the damage. During nights and weekends when work is not in progress, District may give such notice by telephone or by facsimile transmission to the Contractor's facsimile number designated pursuant to Paragraph , Contractor s Representative, and such notice will be immediately effective. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the District may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to District. In such event, the Contractor may observe the Work if this can be done without in any way delaying the progress thereof, but may not contest any element of the expense of repair or the lack of further notice. This provision is in addition to any other remedy, including the remedy provided in Paragraph , District s Right to Carry out the Work. 9.5 Material Embedded in Existing Structures Prior to core drilling, cutting, or jack-hammering of concrete in existing structures, including without limitation, roadways, sidewalks, and street gutters, the Contractor shall review record drawings to determine approximate locations and quantity of embedded electrical conduit, piping, reinforcing steel, or other items. Where embedded conduit, rebar and other items in concrete can possibly be damaged by core drilling, cutting, jack-hammering, or other operations, the Contractor shall use ground penetrating radar (GPR), prior to such operations, and shall avoid damage to embedded items such as rebar and conduit. The District reserves the right to

94 review the GPR results before the Contractor proceeds with core drilling, cutting, or jack hammering concrete structures EXISTING IMPROVEMENTS 10.1 Identification of Location Before performing any excavation work or other work that could damage existing improvements (including, for purposes of this Paragraph , EXISTING IMPROVEMENTS) within, or adjacent to, the Work area, the Contractor shall notify the owners of properties adjacent to the Work area of intended commencement of such Work, and request that such owners mark or otherwise indicate the location of underground improvements of which they are aware, and other improvements not readily apparent from visual inspection of the adjacent property, such as survey points and utility service installations not owned by the appropriate utility. The Contractor shall also give notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right-of-way which are designated for removal or would be destroyed because of the Work. In addition to the efforts described in the preceding subparagraph, the Contractor shall also contact the appropriate regional notification center if the private property is known, or reasonably should be known, to contain a subsurface installation other than an underground facility owned or operated by the District and, if practical, the Contractor shall delineate with white paint or other suitable markings the area on private property to be excavated. If it is determined by the Contractor, with the concurrence of the Construction Administrator, that it is not practical to delineate the area to be excavated, the excavator shall contact the regional notification center to advise the operators that the excavator shall identify the area to be excavated in another manner sufficient to enable the operator to determine the area of the excavation to be field marked pursuant to Government Code Section Contractor shall furnish to the Construction Administrator written documentation of its contact(s) with Underground Service Alert within three (3) days after such contact(s). Upon being notified by the operator of the high priority subsurface installation that the excavation is proposed within 10 feet of a high priority subsurface installation, the Contractor shall meet onsite with the operator or its representative at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installations prior to start time. If, at any time during an excavation for which there is a valid inquiry identification number, an operator s field markings are no longer reasonably visible, the Contractor shall contact the appropriate regional notification center. The Contractor shall not proceed with excavation until the subsurface installation operator has re-located and re-marked those subsurface installations that may be affected by the excavation to the extent necessary in conformance with Government Code Section The Contractor shall notify the appropriate regional notification center of the failure of an operator to locate or mark its subsurface installations in compliance with Government Code Section The notification shall include the inquiry identification number issued by the regional notification center

95 It shall be the Contractor's responsibility to determine the exact location (including depth for underground improvements) and to document the existing condition of all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) which the Contractor believes may affect or be affected by Contractor's operations. In the event that existing improvements are found that have not been identified in the Contract Documents or indicated by the respective property owner, or are found to exist in a substantially different location than so indicated, the Contractor shall (1) immediately notify the Construction Administrator thereof, in writing, and (2) take steps to avoid damaging such improvements, including ascertaining their exact location, if not yet known Damage and Protection The Contractor shall digitally video and photograph the project site(s) prior to commencing work to document existing conditions. The Contractor shall notify the Construction Administrator in advance to allow the District to be present when videos and photographs are taken at the project site(s). The Contractor shall submit digital videos and photographs prior to start of Work. The Contractor shall also retain copies to assist in site restoration to existing conditions upon construction completion. The Contractor shall immediately notify the Construction Administrator and the property owner of any damage to any existing improvements which have not been designated to be removed. The Contractor shall be responsible for the cost of repairing or restoring all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. The Contractor shall protect from damage all landscaping (e.g., trees, lawns, shrubbery, etc.) adjacent to the work area or within the work area that have not been designated to be removed. The Contractor shall immediately notify the Construction Administrator and the property owner of any damage to any such landscaping which is not designated for removal. The Contractor shall be responsible for the cost of restoring or replacing such landscaping in as nearly the original conditions and location as it is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. Except where an owner of damaged improvements or landscaping has advised that he or she intends to repair the damage himself or herself, or through forces that he or she will retain or has retained, Contractor shall, within twenty-four (24) hours of receipt from the District of notice to commence correction of damage, notify the Construction Administrator, in writing, if Contractor intends to repair the damage. During nights and weekends when work is not in progress, District may give such notice by telephone or by facsimile transmission to the Contractor's facsimile number designated pursuant to Paragraph , Contractor s Representative, and such notice will be immediately effective. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the District may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to District. In such event, the Contractor may observe the Work, if this can be done without in any way delaying the progress thereof, but may not contest any element

96 of the expense of repair or the lack of further notice. This provision is in addition to any other remedy, including the remedy provided in Paragraph , District s Right to Carry Out the Work." ***END OF SECTION***

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98 SECTION SUPPLEMENTARY CONDITIONS 1.0 CONTRACT ADMINISTRATION The following are designated: 1.1 Name of Construction Administrator The name of the individual designated as the Construction Administrator will be provided in writing in the Notice to Proceed. 1.2 Name of District s Representative The name of the individual designated as the District s Representative will be provided in writing in the Notice to Proceed. 2.0 TIME ALLOWED FOR COMPLETION 2.1 Completion Notification 2.2 Not Used The Contractor shall provide notifications to the District within two (2) working days of receiving a Work Order that informs the District of the repair schedule. The Contractor shall provide notification to the District when the Work is complete 2.3 Time Allowed for Final Completion The Contractor shall complete all repairs designated by the District as immediate repairs pursuant to Section 01010, item 2.0, WORK SEQUENCE AND CONSTRAINTS, within eight (8) calendar days from the effective date of the Work Order in accordance with the provision of paragraph , Time of Completion. In accordance with the provision of Paragraph , LIQUIDATED DAMAGES, if Final Completion of any immediate repair occurs more than eight (8) calendar days from the effective date of the Work Order, it is understood and agreed by the Contractor and District that the Contractor shall discount the cost of the repair by the respective percentage corresponding to the number of days (beginning with the effective date of the Work Order) actually taken to achieve Final Completion thereof: 9 22 calendar days 10% discount applied calendar days 20% discount applied calendar days 30% discount applied The Contractor shall achieve Final Completion of each repair designated by the District as a regular repair pursuant to Section 01010, item 2.0, WORK SEQUENCE AND CONSTRAINTS, within thirty (30) calendar days from the effective day of the Work Order in accordance with the provision of paragraph , Time of Completion. In accordance with the provisions of Paragraph , LIQUIDATED DAMAGES, if Final Completion of any regular repair occurs more than thirty (30)

99 calendar days from the effective date of the Work Order, it is understood and agreed by the Contractor and District that the Contractor shall discount the cost of the repair by 10-percent for each thirty (30) calendar day period beyond the first thirty (30) calendar days that Final Completion occurs as described below. For example, if Final Completion of any regular repair occurs within the periods described below (beginning with the effective date of the Work Order), the respective discount shall be given to the District: calendar days 10% discount applied calendar days 20% discount applied calendar days 30% discount applied If at any time prior thereto the Construction Administrator determines, in accordance with Paragraph , TIME ALLOWED FOR COMPLETION, either that it is not reasonably possible for the Contractor to achieve timely substantial completion, or that it is not reasonably possible to achieve timely final completion, the Construction Administrator, at his or her discretion, may deem the Contractor to be in material breach of the Contract in accordance with Paragraph , TERMINATION OF CONTRACT. 3.0 NOT USED 4.0 NOT USED ***END OF SECTION***

100 SECTION LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the Contra Costa Water District (District), and its elected officials, officers, agents, employees and representatives from and against all damages, costs, or expenses in law or equity, including reasonable attorney s fees, that may at any time arise out of, or are in any way connected with, the performance of the Work under this Contract. Without in any way limiting the scope of the foregoing, the Contractor s obligation to defend, indemnify, and hold harmless the District, and its elected officials, officers, agents, employees and representatives shall include all damages, costs, and expenses that may at any time arise out of, or are in any way connected with, damages to a subsurface installation caused by the Contractor s failure to comply with (1) Government Code Section or , or (2) the requests of the operator of the subsurface installation to protect the subsurface installation as specified by the operator. The Contractor s obligations under this Paragraph , INDEMNIFICATION, shall apply to any acts or omissions on the part of Contractor, its agents, subcontractors (of any tier), or employees, whether such acts or omissions comprise willful misconduct, negligent conduct (active or passive), or non-negligent conduct. The Contractor s obligations under this Paragraph , INDEMNIFICATION, shall also, to the extent permitted by law, apply to any acts or omissions on the part of the District, its elected officials, officers, agents, employees, and representatives, provided, that to the extent required by law, this Section shall be construed to exclude from the scope of the Contractor s obligations under this Section: (1) the sole willful misconduct or sole active negligence on the part of the District, its elected officials, officers, agents, employees, and representatives, and (2) with respect to hazardous materials as defined in subdivision (d) of Civil Code Section , the sole willful misconduct or gross negligence on the part of the District, its elected officials, officers, agents, employees, and representatives. In no event shall this Paragraph , INDEMNIFICATION, be construed to give rise to any obligation on the part of the District, or its elected officials, officers, agents, employees, and representatives to defend, indemnify, or hold harmless Contractor, its agents, subcontractors (of any tier), or employees from and against all damages, costs, or expenses in law or equity, including reasonable attorney s fees, that are in any way connected with the performance of the Work under this Contract. Approval of any insurance contracts by the District does not relieve the Contractor or subcontractors from liability under Paragraph , INDEMNIFICATION, and the Contractor shall be responsible for payment of all amounts it is obligated to pay under Paragraph , INDEMNIFICATION, which have not been paid by the insurers pursuant to such insurance contracts. The District will not be liable for any accident, loss, or damage to the Work prior to its completion and acceptance

101 2.0 INSURANCE REQUIREMENTS 2.1 General Within the period specified in Paragraph EXECUTION OF CONTRACT, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph , INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the District. Failure to timely obtain such insurance and submit coverage verifications shall authorize the District to annul the award under Paragraph , EXECUTION OF CONTRACT. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the District. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the Final Completion and acceptance thereof. Such insurance shall remain in full force and effect at all times throughout the warranty period specified in Paragraph , WARRANTY. Neither the Notice to Proceed nor the indemnification provisions of Paragraph , INDEMNIFICATION shall relieve the Contractor of the duty to maintain at all times such insurance as required by Paragraph , INSURANCE REQUIREMENTS, including without limitation the requirements set forth in Paragraph , Endorsements. 2.2 Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one (1) occurrence and a Two Million Dollars ($2,000,000) annual project aggregate, providing at least all of the following coverages: A. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. B. Completed Operations/Products, including X, C, and U Coverage. C. Independent Contractors. D. Blanket Contractual. E. Deductible shall not exceed Two Thousand Five Hundred Dollars ($2,500). 2.3 Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverages: A. Coverages shall be applicable to any and all leased, owned, hired, or nonowned vehicles used in pursuit of any of the activities associated with this Contract

102 B. Any and all mobile equipment, including cranes, which are not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. C. Deductible shall not exceed One Thousand Dollars ($1,000). 2.4 Workers' Compensation Insurance 2.5 Not Used The Contractor shall take out, before issuance of the Notice to Proceed, and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing at least the following coverage for any and all employees of Contractor: A. The required policy shall provide coverage for Workers' Compensation (Coverage A). B. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B). 2.6 Waiver of Subrogation - The District and Contractor hereby waive their rights of subrogation against each other. The Contractor shall obtain from the insurer a recognition that a waiver of subrogation endorsement for losses caused by fire or other perils to the extent covered by this insurance is provided. Contractor shall pay any extra premium required therefor. 2.7 Endorsements All of the following endorsements are required to be made a part of the policies described in Section 00820, LIABILITY AND INSURANCE REQUIREMENTS: A. "The Contra Costa Water District (District) and District's employees, officers, design consultants, elected officials, Construction Administrator,!!UNITED STATES BUREAU OF RECLAMATION on canal projects!!!!east Bay Regional Park District on projects that cross or are immediately adjacent to EBRPD trails or facilities!! agents, and subconsultants are hereby added as additional insureds insofar as Work done under this Contract is concerned." B. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the District may possess, and any other insurance the District does possess shall be considered excess insurance only." C. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." D. The insured shall send a copy of insurer s cancellation notice within two (2) business days of receipt and immediately provide documentation of renewal of required insurance. Such notice shall be sent to: c/o Ebix BPO 151 N Lyon St Hemet, CA and to:

103 2.8 Change in Terms Brian Jackson Contra Costa Water District 1331 Concord Avenue Concord, CA The Contractor shall provide immediate written notice to the District of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph D, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. 2.9 Occupancy The District reserves the right to occupy existing facilities under construction or to use or occupy parts of the Work as provided for in Paragraph , District's Right To Use Or Occupy. Insurance policies shall not restrict or limit such use. ***END OF SECTION***

104 SECTION PROJECT SAFETY REQUIREMENTS 1.0 GENERAL SAFETY REQUIREMENTS The Contractor s attention is directed to the provisions specified in Paragraph , SAFETY, including Paragraph , Suspension of Work and other Operations, Paragraph , Costs Resulting from Suspension of Work, and Paragraph , Liquidated Damages Resulting from Safety Violations Where Work Cannot be Suspended; the provisions of this Section 00830, PROJECT SAFETY REQUIREMENTS; the provisions of Paragraph , Project Security; and the provisions of Appendix B, CCWD Contractor Safe Practices Handbook. Where any of the provisions outlined or referenced in these Contract Documents (including the Contractor s Site Safety and Health Plan) are in conflict, the most stringent requirement shall be followed. The Contractor shall designate in writing to the Construction Administrator the "competent person" with the authority and responsibilities designed in the Construction Safety Orders. In the event of a potential life threatening or serious safety hazard that requires immediate corrective action(s), the District may require the Contractor to stop all work activities until the condition or situation is corrected. The Contractor shall bear all costs, direct and indirect, associated with the suspension of Work. (See Paragraphs , Suspension of Work and other Operations, Paragraph , Costs Resulting from Suspension of Work.) In situations where the District s operational requirements preclude a suspension of Work, the District may, at its sole discretion, require the Contractor pay Liquidated Damages of one thousand dollars ($1,000) per day or portion thereof per safety violation, as well as immediately addressing the hazards, as specified in Paragraph , Liquidated Damages Resulting from Safety Violations Where Work Cannot be Suspended. The applicability of Liquidated Damages shall be determined by the Director of Engineering. 2.0 PUBLIC SAFETY AND CONVENIENCE 2.1 General Public Safety The Contractor s attention is directed to the provisions of Paragraphs , Responsibility, and , Public Safety, and particular care shall be taken and procedures established such that hazardous or unsafe conditions are not created. If such conditions cannot reasonably be avoided, Contractor shall furnish warning devices and/or physical barriers pursuant to Paragraph , Warning Devices and Barricades. Pursuant to , Fire Protection, the Contractor shall perform all work in a fire-safe manner and shall provide fire-fighting equipment as required by the conditions at the job assignment locations. Only approved containers and portable tanks shall be used for storage and handling of flammable and combustible liquids. Procedures must be established so employees and the local fire department can be alerted in an emergency. Pursuant to Paragraph , Water, the Contractor shall provide and maintain such facilities as are necessary to furnish sufficient water for fire protection during construction. Water lines for fire protection as well as alarms shall be maintained active and accessible at all times

105 The District must be notified immediately in case of traffic incident, fire or other emergency arises on or around the project site, including without limitation those procedures specified in Paragraphs , Site Safety and Health Plan, , Injury, Illness, or Serious Damages, , Claims, and , Spill or Environmental Release. 2.2 Traffic and Street Closures The Contractor shall take all necessary steps to minimize inconvenience to the general public throughout all work under this Contract, including the measures specified in Paragraph , TRAFFIC REGULATION. The Contractor shall notify the Construction Administrator, the applicable fire department or fire district, and the applicable police or sheriff s department before closing any street or portion thereof. No closing shall be made without the District's approval. The Contractor shall notify said departments or districts when the streets are again passable for emergency vehicles, and shall conduct operations with the least interference to fire equipment access, and at no time prevent such access. The Contractor shall conduct its work so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protection of persons and property. Traffic control devices required only during working hours operations shall be removed at the end of each working day. Signs having messages that are irrelevant to normal traffic conditions shall be removed or properly covered at the end of each work period. Signs shall be kept clean at all times and legends shall be distinctive and unmarred. When working in areas near any type of public access, the Contractor shall, at a minimum, meet the requirements of the current CalTrans California Manual on Uniform Traffic Control Devices for accommodation of pedestrians, bicyclists, and vehicular traffic such that public safety is ensured, in addition to the requirements set forth in Paragraph , Public Safety, and in Paragraph , TRAFFIC REGULATION. Access to all businesses shall be maintained at all times. No driveways or private roads shall be blocked without notifying the property owner, and access shall be restored during all non-working hours. Sidewalks shall remain open and free from construction debris throughout the duration of construction. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public. 2.3 Minimizing Inconvenience - The Contractor shall take all reasonable means to minimize inconvenience and injury to the public including at a minimum the measures described in Paragraph , SPECIAL CONTROLS. Sweeping and cleaning of street and sidewalk surfaces within and beyond the limits of the project to clean up materials shall be considered as incidental to the work being performed under the contract and there will be no additional compensation. Water or dust palliative shall be applied if ordered by the District for the alleviation or prevention of dust nuisance caused by the Contractor s operations. The Contractor shall limit application of water to avoid muddy conditions

106 3.0 CONTRACTOR SAFETY SUPERVISOR RESPONSIBILITIES The Contractor is solely responsible for the safety and health of their employees, Subcontractors, suppliers, vendors, and visitors in accordance with Federal, State, regional, and local regulations, and the District Contract Documents. At a minimum, the Contractor Safety Supervisor (CSS) shall meet all of the requirements of a Competent Person as defined in Section 1504 of Title 8, California Code of Regulations. Before proceeding with any Work, Contractor shall submit to the District the name, and shall certify the qualifications, of its proposed CSS. The CSS will ensure compliance with all provisions of the Contract Documents, and shall be physically present on the construction site whenever work is being performed. The CSS shall be authorized to stop work in the event that a safety hazard exists. The CSS must be able to receive instructions and to communicate in written and spoken English. The duties and responsibilities of the CSS shall include: A. Make safety inspections at the job site and adjacent public areas and take necessary and timely corrective action(s) as needed to eliminate unsafe practices or conditions. Record observations as required. B. Conduct accident investigation and prepare reports to ensure timely submission to the Construction Administrator; take corrective actions to prevent re-occurrences; C. Conduct or provide materials to others to conduct weekly toolbox safety meetings to ensure adequate training, subject matter, and conduct of the safety meeting; D. Ensure workers have and use, all appropriate safety and personal protective equipment properly, and that it is maintained in good working order; E. Maintain documentation to demonstrate that appropriate inspections of fall protection, breathing apparatus and other personal protective equipment (PPE) are performed; F. Prepare or maintain required safety documentation and reporting for Contractor, and Sub-Contractors; G. Maintain and update Contractor s Safety Program (including without limitation the Site Safety and Health Plan) as required, and submit all required postings and documentation for specific hazard areas such as confined space procedures, lockout/tagout procedures, environmental testing and other safety specific activities to District; H. Prepare and submit task specific Job Hazard Analysis (JHA) when required by District; I. Attend Progress Meetings and report on site safety activities; J. Ensure all construction equipment and motor vehicles certification, inspection, repair and controls are in compliance with the safety requirements of the project, OSHA, manufacturer or other agency;

107 K. Confirm that the appropriate number and types of sanitary facilities are available to employees and that they are cleaned regularly and provided with hand washing facilities; L. Ensure that all perimeter cables, barricades, or any other safety-related items are installed correctly and maintained. If another Contractor must remove a safety item, the CSS shall coordinate this activity with the Contractor who installed the device and other Contractors who may be exposed. Safety devices shall be replaced by the Contractor removing them. Warning signs, tags, or barricades shall be in place at such time as safety devices are removed, and shall remain in place continuously until safety devices are re-installed correctly. M. Ensure all Contractor and Sub-Contractor employees wear Coast Guardapproved personal flotation devices where there is a hazard of drowning including when working inside the canal fence, near or over areas where water depths may exceed 4 feet, or in areas where indicated by posted signs. A fall prevention equipment system may be used in lieu of donning personal flotation devices. Personal floatation devices are not required when working behind a proper guardrail or equivalent barrier at least 42 inches high. N. Ensure all Contractor and Sub-Contractor employees follow safety requirements and procedures at District water treatment plants and other District facilities with special hazards, such as chemical hazards. O. The CCWD Contractor Safe Practices Handbook in Appendix B supplements requirements of Sections , Safety, and this Section 00830, as appropriate, and shall be used by the Contractor as the minimum requirement of the Contractor safety program. The signature page of the CCWD Contractor Safe Practices Handbook shall be signed by both the Contractor s Representative and Contractor Safety Supervisor (field supervisor) and submit the signed original to the Construction Administrator. If requested, the Construction Administrator will provide the electronic file of the CCWD Contractor Safe Practices Handbook to the Contractor. The Contractor shall provide copies of the CCWD Contractor Safe Practices Handbook to all subcontractors. P. Contractor shall attend a computer-based safety training program that covers the District safety requirements and procedures. At a minimum, this training shall be attended by the Contractor Safety Supervisor (field supervisor) at one of the training facilities of Occupational Safety Councils of America (OSCA). Cost of the training shall be borne by the Contractor. Training session should be anticipated to be two (2) hours duration. Training will be valid for one (1) calendar year from the date of initial training. Contractor may need to attend more than one training session if the training expires prior to project closeout. 4.0 CLAIMS If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Construction Administrator, giving full details of the claim

108 5.0 SITE SAFETY AND HEALTH PLAN Prior to commencement of the Work, the Contractor shall develop and implement a Site Safety and Health Plan (SSHP) which is in compliance with all applicable Federal, State, regional, local labor, and occupational safety and health laws and regulations. Contractor s SSHP and included health and safety procedures and policies, shall be submitted to the Construction Administrator within ten (10) days after the date of Notice to Proceed and in no event later than commencement of the Work, whichever occurs first. As a minimum, this SSHP shall satisfy the requirements of Section 1509 and Section 3203 of Title 8, California Code of Regulations, of the General Industry Safety Orders of Cal/OSHA. The SSHP shall include, but not limited to: A. A Written Injury and Illness Prevention Program in accordance with Section 1509 and Section 3203 of Title 8, California Code of Regulations, including; 1. The name and qualifications of designated on-site safety person; 2. Description of procedures to identify and evaluate work place hazards including scheduled periodic inspections to identify unsafe conditions; 3. A system that ensures employee compliance (i.e., disciplinary program); 4. A procedure to investigate occupational injuries and illnesses; B. An Emergency Action Plan as required by Section 3220 of Title 8, California Code of Regulations; C. A Fire Prevention Plan as required by the GISO Subchapter 4, Section 3221 of Title 8, California Code of Regulations; D. A Hazard Communication Plan in accordance with Section 5194 of Title 8, California Code of Regulations; E. An Excavation Safety Plan in accordance with Construction Safety Orders (CSO) Subchapter 4, Section 1539 through 1547 of Title 8, California Code of Regulations; F. Confined Space Operating Procedures in accordance with GISO Subchapter 7, Section 5156 through 5158 of Title 8, California Code of Regulations; G. Fall Protection Procedures in accordance with CSO Subchapter 4, Section 1669 through of Title 8, California Code of Regulations; H. Respiratory Protection Procedures in accordance with GISO Subchapter 7, Section 5144 of Title 8, California Code of Regulations; I. Diving Safety Procedures or Plan in accordance with GISO Subchapter 7, Section 6054 of Title 8, California Code of Regulations; J. Identify the person responsible for safety; K. A Site-specific Code of Safe Practices. The District will review submittals under this Section for general conformance to the requirements of the Contract Documents and to the specified laws and regulations. The District s receipt, review, or acceptance of such plans,

109 procedures, and controls will not in any way relieve Contractor of its responsibility for complying with all applicable laws and regulations, or relieve the Contactor of responsibility for the safety of all persons and property on the jobsite or that may be affected by work under this contract. A fully legible copy of the Site Safety and Health Plan must be present at the jobsite at all times in conformance with the requirements set forth in Section 01400, QUALITY CONTROL. 6.0 DISTRICT CONSTRUCTION ADMINISTRATOR AND/OR INSPECTOR RESPONSIBILITIES A. Maintain documentation to comply with Cal/OSHA and other applicable regulations; B. Work with the insurance carriers regarding claims, site visits and audits; C. Represent the District in incident investigations and recommend measures to prevent reoccurrences; D. Monitor and/or attend required safety meetings and specific training sessions; E. Interface with District personnel, Cal/OSHA, EPA, and other agencies as needed; F. Monitor the safety practices of the Contractor and its subcontractors on a daily basis; G. Review the Contractor s submittals for compliance with Cal/OSHA and District Contract Documents; H. Report unsafe working conditions, when observed, to the Contractor s safety representative, designated representative or to the Contractor s manager or superintendent for corrective action; I. Notify the Contractor, in writing, of persistent non-compliance; J. Request work stoppage in the event of a potential life threatening or serious safety hazard that requires immediate corrective action(s), until the condition or situation is corrected; K. Maintain a file of all safety inspections and written notices given to the Contractors; L. Receive copies of the Contractor s initial incident reports; Any other site-specific or District-specific safety and health requirements. 7.0 SAFETY EQUIPMENT The Contractor, as a part of its safety program, shall furnish and maintain at its office or other well-known place at the jobsite(s), all safety equipment, test equipment, and safety apparel applicable to the Work as prescribed by the aforementioned authorities, and shall enforce the use of such equipment by its employees and the employees of any of its subcontractors for all work conducted at the jobsite(s). The Contractor shall also furnish all items necessary for giving first aid and other medical treatment to its employees and subcontractors personnel of any tier for work conducted at the jobsite(s), and shall establish the

110 procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite(s). The Contractor shall ensure that appropriate safety equipment and personal protective equipment is used in accordance with Section 1514 of Title 8, California Code of Regulations, and other applicable Cal/OSHA regulations. The Contractor shall determine what safety equipment is appropriate and necessary for the work to be performed. As a minimum, every worker and visitor to the project site shall wear hard hats, safety glasses and protective footwear at all times. At a minimum, the following Cal/OSHA requirements apply: A. Head Protection (8 Cal. Code Regs ); B. Eye and Face Protection (8 Cal. Code Regs. 3382); C. Foot Protection (8 Cal. Code Regs. 3385); D. Protection from Electric Shock (8 Cal. Code Regs. 1518); E. Sanitation Requirements (8 Cal. Code Regs. 1519); F. Hand Protection (8 Cal. Code Regs. 1520); G. Ear Protection (8 Cal. Code Regs. 1521); and H. Body Protection (8 Cal. Code Regs. 1522); and I. Personal Floatation Devices (8 Cal. Code Regs. 1602(a)(1)). When working at District facilities, Contractor shall wear warning garments such as vests, jackets, or shirts manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) , High Visibility Safety Apparel and Headwear. During hours of darkness, warning garments shall be retroreflective and shall be manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) , High Visibility Safety Apparel and Headwear. The retroreflective material shall be visible at a minimum of 1,000 feet. White outer garments with retroreflective material that meets the above requirements may be worn during hours of darkness but not during fog conditions, in lieu of colored vests, jackets and/or shirts as required in accordance with Section 1598 of Title 8, California Code of Regulations, and other applicable Cal/OSHA regulations. 8.0 SAFETY TRAINING AND INSTRUCTION The Contractor shall comply with all safety orientation and training requirements. The Contractor shall ensure that all employees and Subcontractor s employees are given a Safety and Health orientation when they are first assigned to the project. This orientation shall include general safety and health procedures and policies as well as the project specific rules, regulations and specific hazards. Documentation of this orientation shall be maintained on file for review. Contractor shall advise all persons employed on the project that disregard for these rules, or any other applicable safety and health regulations shall make all such persons subject to immediate removal from the project

111 The Contractor shall ensure that workers do not use tools, or operate equipment unless they are specifically trained or certified in its applicability and operation. Specific safety training documentation will be available on the project site for review by District if requested. The Contractor will provide ongoing safety training days for their workers at least every five (5) working days. This training shall be applicable to the work being performed and include a review of hazards on the site. District representatives may attend any of the tool box or ongoing training sessions. Documentation of this training will be maintained at the jobsite and be available for review. 9.0 CONFINED SPACES A. Contractor Responsibilities and Qualifications When working in a confined space, the Contractor shall comply with all confined space requirements Article 108 (8 Cal. Code Regs ) of General Industry Safety Orders of the Division of Occupational Safety and Health, California Department of Industrial Relations (Cal- OSHA). Prior to any confined space entry, the Contractor shall submit to the District for review: 1. The Contractor s procedures for confined space operations. 2. Copies of all documents and certificates that qualify the Contractor to safely perform work in permit-required confined spaces. The Contractor shall also submit all applicable Material Safety Data Sheets (MSDS) and hazard information on chemicals, products, materials, or procedures. 3. Sufficient documentation and evidence that a permit-required confined space entry can be made in accordance with Article 108, Confined Spaces (8 Cal. Code Regs ) of the General Industry Safety Orders of Cal/OSHA. Documentation shall include, but not be limited to the following: Equipment availability, suitability, and integrity Personnel training Experience Supervision Safety Accident experience Permit-required confined space policy Hot work procedures (if applicable) Lock-out/tag-out procedures (if applicable) Rescue plan and/or procedures 4. Contractor's submittal shall be made a minimum of thirty (30) days prior to any confined space entry. The Contractor will not be allowed to make a permit-required confined space entry until the District has reviewed the Contractor s qualifications and proposed methods. The Contractor shall conform to the procedures established by the Contractor s submittal during all confined space operations. Contractor shall provide all monitoring and safety equipment necessary to perform pre-entry checks of confined spaces. The

112 Contractor shall also provide all monitoring, safety, and communications equipment required for confined space operations. B. District Responsibilities concerning Permit-Required Confined Spaces The Contractor shall be provided with information regarding known hazards and known or potential permit-required confined spaces. After the District has reviewed the Contractor s submittal to perform confined space entry work, the Contractor will be provided with the following: Notification of the location, physical characteristics, known hazards, etc. regarding the permit-required confined space the Contractor anticipates entering. Information regarding safety items (e.g. nearby emergency equipment), precautions, procedures, safeguards, etc. installed or implemented and that may be available to the Contractor's employees in or near the permit-required confined space. A debriefing session will be held with the Contractor at the conclusion of the entry operation to ascertain if any hazards were encountered, or were created, and whether any hazards remain. The District s failure to identify a permit-required confined space as such does not in any way relieve the Contractor of the responsibility for full compliance with the requirements of Article 108, Confined Spaces (8 Cal. Code Regs. Sections ) of the General Industry Safety Orders of Cal/OSHA and this Section. C. Existing Sewers and Storm Drains Because of the potential danger of solvents, gasoline, and other hazardous material in existing sewers and storm drainpipes, these areas shall be treated as permit-required confined spaces unless it has been proven, through appropriate testing, that no hazards exist or are expected to develop. D. Joint District Contractor Entries 10.0 EXCAVATION SAFETY Unless otherwise directed in writing by the District, when District employees work alongside the Contractor in a permit-required confined space, the permit procedures for both the District and the Contractor shall be used. The Entry Supervisor shall coordinate the requirements of both permit procedures prior to entry. Section 6705 of the Labor Code requires that the excavation of any trench 5 feet or more in depth shall not begin until the Contractor has received written notification of the Construction Administrator s acceptance of the Contractor s detailed plan for worker protection from hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other revisions to be made for worker protection during such excavation. A. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Order, Title 8,

113 California Code of Regulations, and if such a plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California. Cal/OSHA Permit: Title 8, Code of California Regulations section 341 requires excavators to obtain a permit prior to digging trenches or excavations which are 5 feet or deeper and into which a person is required to descend. All excavations 5 ft. in depth or greater not in stable rock shall have a protective system to prevent earth movement. For excavations greater than 20 ft. in depth, the detailed plan for worker protection and control of ground movement shall be prepared, and signed and dated, by a California registered Civil or Structural Engineer. The registered engineer shall: A. Have at least five (5) years responsible experience in work of this nature. B. Inspect the installation of the system prior to entry of any persons into the excavation and certify in writing to the District that the system is installed as designed. C. Perform any necessary additional work that may be required because of unanticipated movements, deflection, or settlements of the protective system or the ground. No changes or deviations from the protective system designed by a registered engineer shall be made without prior approval of the designing engineer FALL PROTECTION Section 1670 of the Construction Safety Orders, Title 8, California Code of Regulations, requires protective measures to be implemented whenever a worker is exposed to falls greater than 7½ feet. On site activities shall conform to the requirements set forth in Sections 1669 through , Title 8, California code of Regulations. A walkway or bridge, with standard guardrails, shall be provided where employees are required to cross excavations and trenches 6 feet or greater in depth per Section 1541 of the Construction Safety Orders, Title 8, California Code of Regulations ELECTRICAL A. For work in which the Contractor must install temporary electrical circuits: 1. An electrical safety assessment (that includes an arc flash analysis) shall be perform and provided. 2. The assessment shall be based on the NFPA 70 E and NFPA 820 Standard, latest edition. 3. Appropriate hazard labeling shall be provided. B. For work in which the Contractor installs electrical conduits required by the specifications: 1. An electrical shock and an arc flash analysis shall be performed in accordance to the NFPA 70E and NFPA 820 Standard, latest edition, on installed equipment

114 13.0 LOCK-OUT TAG-OUT 2. Appropriate labels shall be made and installed on equipment rated in excess of 480V (for example MCC, switchboard, panelboards, industrial control panels, etc.). 3. Prior to labeling, the label shall be reviewed by the Construction Administrator for acceptance. LOTO (Lock-out Tag-out): Section 3314 of Title 8, California Code of Regulations requires control of hazardous energy sources where any employees may be exposed to potential harm. A. The Contractor shall meet with the District to share and reach agreement for implementation with LOTO plans and planning for any District equipment, process, or machinery that shall be locked-out. B. Share and implement the following components of the LOTO plan: 1. LOTO locations, 14.0 FIRE PROTECTION 2. Lock-out and tag-out methods and equipment, 3. De-energization verification 4. Log of locked and tagged locations, 5. Stated emergency types and breach policy, 6. Return-to-service practice and removal of lock and tags The Contractor shall perform all work in a fire-safe manner. They shall supply and maintain on the site adequate fire-fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with all applicable Federal, local, and State fire-prevention regulations. Where such regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations (NFPA No. 241) shall be followed. Where both such regulations and applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations (NFPA No. 241) apply, the more stringent shall be followed. Without any limitation on the foregoing, the following are examples of minimal fire prevention activities likely to apply to the Work. A. If hot work is involved, the permit requirements of Paragraph , HOT WORK PERMIT, may apply; B. Cutting, welding, or other source of ignition shall NOT be applied to any enclosed tank or vessel, even if there are some openings, until it has first been determined that no possibility of explosion exists; C. "NO SMOKING" signs must be clearly posted in areas where flammable or combustible liquids are used or stored; D. Contractor employees who may be called upon to use fire extinguishers shall be thoroughly trained in their use Hot Work Permit A Hot Work Permit is required in or within 35 feet of a District treatment plant, office building or pump station/plant for any operation involving open flames or excess heat or sparks, including electric or gas welding, cutting, brazing, grinding,

115 soldering and thawing pipe, torch-applied roofing or similar flame or spark producing operations. Examples of a Hot Work Permit and the Precautions Checklist can be obtained from the Construction Administrator. Under the Hot Work Permit, the Contractor shall read, understand and follow the conditions listed on the Hot Work Permit. These conditions include: A. Review the Hot Work Permit including the Precautions Checklist. B. Advise the District of any special precautions or conditions pertaining to hot work. C. Survey the work area to confirm safe work conditions. Know the location of the nearest telephone, fire alarm, emergency communication system, fire extinguisher, safety shower, first aid kit, etc., before starting work, and know how to use them. D. Sign the Hot Work in Progress form certifying that the hot work area is safe to do the work. An example of the form can be obtained from the Construction Administrator. E. Confine all sparks and slag as close to the work area as possible. F. Be constantly aware of conditions in the immediate work area, and be ready to stop work if conditions change. Do not resume work without approval of the Construction Administrator. G. When any alarm or emergency Announcement is made, stop all work, disconnect all electrical equipment, and secure all gas cylinders. Do not resume any work until notified by the Construction Administrator. H. Hot Work shall be completed one hour before the end of normal working hours in , WORKING HOURS, except as specified elsewhere or allowed by the Construction Administrator. I. Upon completion of the Hot Work or the end of the shift, whichever comes first, sign the original permit and return it to the Construction Inspector. Clean up and secure the work area after completion of Hot Work. If the job is incomplete and the Contractor temporarily leaves the work area, the Contractor must notify the Construction Administrator. J. Be available for immediate return to site during the first four (4) hours after work is complete. The Contractor will provide a one-hour fire watch upon completion of the Hot Work and also monitor three (3) hours after the work is completed including a final sign off on the Hot Work in Progress form. Hot work shall NOT be performed: A. On in-service piping or equipment, especially ozone systems. B. In areas where flammable vapors may be present, precautions must be taken to prevent ignition by eliminating or controlling sources of ignition. Examples of sources of ignition are motors, switches, tools, (electric or manual) which may give off sparks, generators of static electricity, lighting fixtures, vehicle starting or running, etc CRANE RIGGING AND LIFTING PLAN All lifting equipment and operations must be conducted in accordance with applicable ANSI standards and OSHA requirements. The Contractor shall provide

116 a written lift plan at least five (5) working days prior to the lift. The lift plan shall include the following items as applicable: A. Descriptive Drawing Include sketch w/measurements of pre-and post-lift locations any clearances, crane capacities at working radius, impact on utilities include protective measures where required. B. Crane Operators Requirements: A valid certificate for the operator to operate the specific type of equipment to be used. C. Crane Inspection Documentation: Include copies of the crane load charts (as planned set up), plus documentation of the latest crane inspections (annual & monthly) along with rigging plan. D. Crane Blocking / Cribbing: Minimum requirements hardwood (oak, etc.) of at least 4-inch thickness, must completely support the float. E. Total Weight of Lift: (includes load weight, and all rigging equipment, & load block). F. Description of material to be lifted with dimensions. G. Center of Gravity: Tag lines and locations of attendants. H. Pre-lift Meeting - Documented, attendees, and content. I. Designated Signal Person J. Designated Competent Person K. Communication and Signals: Hand signals, two-way radio, emergency signal, and voice commands. L. Describe Method of Accomplishment: provide a written description of the operation INJURIES, ILLNESS OR SERIOUS DAMAGES If death or serious injuries or illness, or serious damages occur, the accident or illness shall be reported immediately by telephone or messenger to both the Construction Administrator and the District. In addition, the Contractor must promptly report in writing to the Construction Administrator, all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the Work being performed under this Contract SUBSTANCE ABUSE The Contractor shall support a drug-and-alcohol free workplace. The unlawful use, possession, or distribution of a controlled substance within the jobsite(s) is prohibited, and will not be tolerated. Employees are prohibited from being under the influence of alcohol within the jobsite(s). The Contractor shall be responsible for initiating, maintaining, and supervising safety and anti-substance abuse precautions and programs in connection with the Work

117 17.1 Other Prohibited Items In addition to alcohol and controlled substances, the following are prohibited on all District property: A. Firearms, weapons, ammunition except where authorized for security reasons; B. Switch blades, dirks or daggers; C. Unauthorized explosives including fireworks; D. Stolen property or contraband. ***END OF SECTION***

118 DIVISION 1 GENERAL REQUIREMENTS

119

120 DIVISION 1 - GENERAL REQUIREMENTS SECTION SUMMARY OF WORK 1.0 WORK COVERED BY CONTRACT DOCUMENTS A. The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals (including permits, insurance, and bonds) to complete in its entirety, the Work described in the Contract Documents and which is reasonably and properly inferable and necessary for the proper completion of the Work. B. In general the Work involves the construction of concrete sidewalks, sidewalk underdrains, curbs, gutters, driveway sections in sidewalks, driveway aprons, valley gutters, pedestrian ramps, and other related concrete work as required by the District, complete in place, in accordance with the Contract Documents and Specifications. The Contract is intended for concrete replacement services for Fiscal Year 2017 (FY17), beginning on July 1, 2016 through June 30, 2017, and an optional twelve (12) month extension period for Fiscal Year 2018 (FY18), July 1, 2017 through June 30, 2018, to be exercised at the District s sole discretion. Including a bid/proposal for the optional 12-month extension is not required for a complete submission. The District will evaluate both one and two year pricing proposals and will determine which proposal provides the best value to the District. Recommendations to the Board of Directors may include consideration of one-year or two-year pricing options. C. All of the work described in these Contract Documents is located in Contra Costa County, California, either on land owned by the Contra Costa Water District or by the United States Bureau of Reclamation (USBR), within easements acquired by Contra Costa Water District (District), or within the public right-of-way. 2.0 WORK SEQUENCE AND CONSTRAINTS 3.0 NOT USED 4.0 NOT USED 5.0 NOT USED Refer to Section 01020, WORK SEQUENCE AND CONSTRAINTS 6.0 WORK UNDER OTHER CONTRACTS The Contractor may find other utilities or contractors working in the same area. It is the responsibility of the Contractor to coordinate its work for the District with each utility or contractor working in the same area. No extra compensation will be allowed for a second move in. 7.0 NOT USED

121 8.0 UNDERGROUND FACILITIES The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities. The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities. Prior to fabrication of project underground material, the Contractor shall verify the location, elevations, and dimensions of existing underground facilities which the Contractor is connecting to. No additional compensation shall be provided the Contractor for compliance with the provisions of this Section or for the damage and repair of facilities due to the lack of such care. ***END OF SECTION***

122 SECTION WORK SEQUENCE AND CONSTRAINTS 1.0 WORK SEQUENCE The Contractor shall perform the Work in the following sequence: A. Work sequence shall be determined by the Work Order which is defined as a written instruction prepared or executed by the Construction Administrator, which designates concrete replacement work to be performed by the Contractor in conformance with these Contract Documents. Each Work Order will designate each discrete element of concrete replacement work as either an immediate repair or a regular repair, in the absence of which the Work Order shall be assumed as a regular repair. B. New Work Order assignments will be transmitted by Work Order to the Contractor from the District s Concord Maintenance Facility, 2401 Bisso Lane, Concord. The Contractor shall also contact Mike Bartzi, Maintenance Division, at (925) Contractor shall acknowledge receipt of all Work Orders within twenty-four (24) hours. C. The Contractor and Construction Administrator shall have weekly status meetings. Contractor shall identify concerns or issues which may affect work schedule or completion of any assigned repair. 2.0 PROJECT CONSTRAINTS A. For immediate repairs, the Contractor shall complete each Work Order within eight (8) calendar days from the effective date specified in the Work Order. See Section 00810, Item 2.0, TIME ALLOWED FOR COMPLETION. B. For regular repairs, it is the District s intention that the Contractor schedule its daily jobs, in most cases, to fall within a general given location; however, notwithstanding this intention or any longer period set forth anywhere in the Contract Documents, the Contractor shall make immediate repairs to locations that are designated as highest priority by the District 3.0 WORKING HOURS Normal working hours are defined as 8:00 a.m. to 5:00 p.m. on weekdays, subject to stipulation of permits, unless otherwise approved by the District. Any work outside of normal working hours requires District inspection, unless otherwise approved in writing by the District s Construction Administrator. The Contractor shall be responsible for any inspection and additional administration costs incurred by the District for work by the Contractor outside the hours defined above on weekdays, or any work on weekends or holidays recognized by the District. Such costs shall be paid through a deductive change order. Costs for inspection will be calculated by applying a multiplier of 3.0 to the labor rates for Construction Inspector, Step 5, found at the following URL: Any work in Section

123 01010, SUMMARY OF WORK, specifically required to be performed outside the normal working hours is excluded from the provisions of this paragraph. Holidays recognized by the District are as follows: New Year's Day Martin Luther King's Birthday Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Day (Third Monday in January) (Second Monday in February) (Third Monday in February) (First Monday in September) The Contractor shall notify the Construction Administrator at least twenty four (24) hours prior to any work outside the normal working hours defined above, on weekends or holidays. Certain District buildings or facilities will require that District personnel unlock the building or facility to provide Contractor access to work within the building or facility. Such access will not be provided until after 7:30 a.m. on working days. ***END OF SECTION***

124 SECTION MEASUREMENT AND PAYMENT 1.0 MEASUREMENT 1.1 General The quantity of work to be paid for under any Bid Item shall be the actual amount of work satisfactorily completed in accordance with the Contract Documents, and as directed by the District. Contractor shall take all measurements, if any, and compute all payment quantities (including, for lump sum items, all extensions and arithmetic calculations based on the accepted cost breakdown). The District will verify and approve measurements and quantities. Measurements and computations will be made by methods approved by the District for the class of work. Full compensation for all expense involved in conforming to the requirements set forth in this Paragraph , MEASUREMENT, for computing payment quantities and for measuring and weighing materials shall be considered as included in the progress payments made for the materials being measured or weighed, whether on a unit price basis or on a lump sum basis, and no additional allowances will be made therefor. Payment will be made in the manner specified in Paragraph , PAYMENT, provided, that no payment shall be made for work done outside of the prescribed or ordered limits, or for any of the following: A. Materials wasted or disposed of in a manner that is neither called for in the Contract Documents nor acceptable. B. Materials determined as unacceptable before or after placement. C. Materials not completely unloaded from the transporting vehicles. D. Materials placed beyond the lines, grades and levels of the required Work (as indicated in the Contract Documents or as established by the District). E. Materials remaining on hand after completion of the Work. F. Loading, hauling, handling, and disposing of rejected materials. 1.2 Unit Price Items Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the method stipulated in the particular sections involved. In determining quantities, all measurements shall be made in a horizontal plane unless otherwise specified. Measurements of the completed Work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures, and the units of measurement for payment, and the limits thereof, shall be made as shown on the Plans, Specifications, General Requirements, and Supplementary Conditions Units of Measurement - Measurements shall be in accordance with U.S. Standard Measures except as otherwise specified. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon

125 1.2.2 Certified Weights - Material paid for by weight shall be weighed on sealed scales certified by and regularly inspected by the Contra Costa Department of Agriculture, Weights and Measures, or when approved by the Construction Administrator, on a completely automated weighing and recording system. The Contractor shall furnish the Construction Administrator with duplicate licensed weighmaster's certificates showing the actual net weights. The District will accept the certificates as evidence of the weights delivered Volume measurement - When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor, in writing, and approved by the Construction Administrator, in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Construction Administrator and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted Metering Devices - When metering devices are required in the Specifications or are used to measure the quantity of liquids used in the Work, the metering devices shall be inspected and tested for accuracy at the Contractor s expense as often as District may deem necessary. 1.3 Lump Sum Items The quantities of work performed under lump sum bid items will not be measured except as determined by the District to be necessary for the purpose of determining reasonable progress payments. Such measurement as is determined to be necessary shall be performed by the Contractor in accordance with Paragraph , Unit Price Items. 2.0 DESCRIPTION OF BID ITEMS A. General Bid Items 1 through 8 are presented to indicate major categories of the Work for purposes of comparative bid analyses and payment breakdown for monthly progress payments. Bid items are not intended to be exclusive descriptions of work categories and the Contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item (work phase) as shown and specified. As specified in Paragraph , Retention, all progress payments are subject to a five percent (5%) retention. B. Bid Item 1 Resurface with 3 inches of Asphalt Concrete 1. Bid Item 1 includes, but is not limited to: obtaining of all permits previously paid for,, insurance and bonds; the moving onto the site of all materials and equipment; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of a schedule, per Section 01310, PROGRESS SCHEDULES, 2. preparation, submittal, revision, and implementation of work; sawcutting; removal of a Storm Water Pollution Prevention Plan (SWPPP) as described in Section 01060, REGULATORY REQUIREMENTS; and

126 3. submittal of a Schedule of Submittals as described in Section 01300, SUBMITTALS; All as required for the proper performance and completion of the Work. Demobilization includes the moving off the site of all plant and existing or temporary asphalt and materials, tools, equipment, temporary facilities, and the final cleaning in accordance with Section 01700, CONTRACT CLOSEOUT. Upon completion of Mobilization, the District will pay seventy-five percent (75%) of the amount listed for Bid Item 1 in Section 00310, BID SCHEDULE. The remaining twenty-five percent (25%) of the listed amount will be paid upon completion of Demobilization. The Contractor's attention is directed and labor to resurface with 3 inches of asphalt concrete complete in place. All work shall be prepared and constructed as shown in the Standard Details, included with these Contract Documents, for the respective city or county. Contractor s payment for 3-inch thick asphalt concrete shall be by the square foot installed per the Unit Prices provided for this Bid Item. C. Bid Item 2 Resurface with 4 inches of Asphalt Concrete Bid Item 2 includes, but is not limited to: obtaining insurance and bonds; the moving onto the site of all materials and equipment; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of work; sawcutting, removal of existing or temporary asphalt and materials, tools, equipment, and labor to resurface with 4 inches of asphalt concrete, complete in place. All work shall be prepared and constructed as shown in the Standard Details, included with these Contract Documents, for the respective city or county. Contractor s payment for 4-inch thick asphalt concrete shall be by the square foot installed per the Unit Prices provided for this Bid Item. D. Bid Item 3 Each additional 1-inch Depth of Asphalt Concrete (beyond 4 inches Bid Item 3 includes, but is not limited to: obtaining insurance and bonds; the moving onto the site of all materials and equipment; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of work; sawcutting, removal of existing or temporary asphalt and materials, tools, equipment, and labor to resurface each additional 1- inch depth of asphalt concrete beyond the work of Bid Item 2, complete in place. All work shall be prepared and constructed as shown in the Standard Details, included with these Contract Documents, for the respective city or county. Contractor s payment for each additional 1-inch depth of asphalt concrete (beyond the 4-inch thick asphalt concrete described in Bid Item 2) shall be by the square foot installed per the Unit Prices provided for this Bid Item. E. Bid Item 4 Resurface with 4 inches of Asphalt Concrete Around District Valve Cans

127 Bid Item 4 includes, but is not limited to: obtaining insurance and bonds; the moving onto the site of all materials and equipment; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of work; sawcutting, removal of existing or temporary asphalt and materials, tools, equipment, and labor to resurface with 4 inches of asphalt concrete around District valve cans, complete in place. Contractor s payment for each 4-inch thick asphalt concrete installed around District valve cans shall at the Unit Price provided for this Bid Item. F. Bid Item 5 Resurface with 12 inches of Asphalt Concrete Around District Valve Cans Bid Item 5 includes, but is not limited to: obtaining insurance and bonds; the moving onto the site of all materials and equipment; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of work; sawcutting, removal of existing or temporary asphalt and materials, tools, equipment, and labor to resurface with 12 inches of asphalt concrete around District valves cans, complete in place. Contractor s payment for each 12-inch thick asphalt concrete installed around District s valve cans shall be at the Unit Price provided for this Bid Item. G. Bid Item 6 - Placement of Slurry Seal Bid Item 6 includes, but is not limited to: obtaining insurance and bonds; the moving onto the site of all materials and equipment; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of work; removal of existing pavement markings and markers, preparation of construction joints; and materials, tools, equipment, and labor to place slurry seal, complete in place. All work shall be prepared and constructed as shown in the Standard Details and the Specifications, included with these Contract Documents, for the respective city or county. Contractor's payment for slurry seal shall be by the square foot installed per the Unit Prices provided for this Bid Item. H. Bid Item 7 Additional Sawcutting of Asphalt Concrete Bid Item 7 includes, but is not limited to: obtaining insurance and bonds; the moving onto the site of all equipment and materials; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of work; and materials, tools, equipment, and labor to sawcut asphalt concrete pavement not included in other Bid Items. Contractor s payment for additional sawcutting of asphalt concrete shall be by the linear foot completed per the Unit Prices provided for this Bid Item, without any limitations as to the maximum or minimum quantity. I. Bid Item 8 Asphalt Curb, 6-inches in height Bid Item 8 includes, but is not limited to: obtaining insurance and bonds; furnishing and moving onto the site of all equipment and materials; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of work; and materials, tools, equipment, and labor to install a 6-inch in height asphalt concrete curb not included in other Bid Items. Contractor s payment for the asphalt concrete curb shall

128 be by the linear foot completed per the Unit Prices provided for this Bid Item, without any limitations as to the maximum or minimum quantity. J. Bid Item 9 Valve Can Raising Bid Item 9 includes, but is not limited to: obtaining insurance and bonds; furnishing and moving onto the site of all equipment and materials; furnishing and erecting temporary construction facilities and traffic controls; site preparation; layout of work; and materials, tools, equipment, and labor to raise the height of a valve can per CCWD Standard Detail SD-6 not included in other Bid Items. Contractor s payment for raising the valve can shall be per each valve can completed per the Unit Prices provided for this Bid Item, without any limitations as to the maximum or minimum quantity. The work for this bid items includes furnishing all material (CCWD will provide traffic boxes and lids), accessories, equipment, aggregate base, asphalt concrete, high-performance cold patch asphalt and performing all operations necessary to raise the valve cans to the final grade. Care shall be taken to adjust the valve cans to the proper grade to the adjoining pavement. Any valve cannot satisfying these requirements shall be redone ot the satisfaction of CCWD. Valve cans shall be flush with the finished pavement surface. The valve cans shall be brought to grade in accordance with CCWD Standard Detail SD-6, Standard 8 Valve Can Assembly. Sheet 1 of 2 is for new valve can installations and Sheet 2 or 2 is for valve can adjustments (raising and replacing existing valve cans). Work includes cleaning all construction debris and dirt from the valve can, insuring it is straight and undamaged, and insuring it does not impede operation of the valve. The contractor is responsible for determining the exact location of existing utilities that affect raising the valve can. A USA locate must be acquired prior to saw cutting. All asphalt concrete must be cut using a circular bore bit. Soil adjacent to the valve can must be excavated or robed with safe non-powered hand tools only (hand trowels, digging bar, fiberglass probe, etc.). The Work also includes the submission by the Contractor of a final payment letter stating that acceptance of the final payment shall operate as and shall be a release of all claims arising by virtue of the Agreement, as further described in Paragraph , FINAL INSPECTION AND PAYMENT. The Work will not be complete, and final payment cannot be approved or paid, until a version of this letter is received which is acceptable to the District. The total amount bid includes the summation of Bid Items 1 through 9 and represents the total price bid to provide the Work as shown in the Contract Documents. 3.0 NOT USED ***END OF SECTION***

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130 SECTION MODIFICATION PROCEDURES 1.0 CHANGES IN CONTRACT PRICE Whenever corrections, alterations, or modifications of the Work under this Contract are ordered by the Construction Administrator and approved by the District and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted. The word change as used in this Section includes both extra work and work omitted. The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Construction Administrator: A. By unit prices accepted by the District and stated in the Contract Documents; B. By unit prices subsequently fixed by agreement between the parties; C. By an acceptable lump sum proposal from the Contractor; or D. By Force Account (as described in Paragraph , FORCE ACCOUNT PAYMENT), when directed in writing and administered by the District through its agents. When required by the Construction Administrator, the Contractor shall submit, in a form acceptable by the Construction Administrator, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered. The Construction Administrator will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. Following such negotiations, the Construction Administrator will prepare and process the Change Order and make a recommendation for action by the District. If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the District may direct by written Change Order or Field Order, that the work be done on a force account basis. All such Change Orders or Field Orders must be executed before the work can be authorized. The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written Change Order issued by the District, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, for all cost and time impacts arising or resulting from the changes encompassed by the Change Order, and thereby waives any right to claim any further cost and time impacts, at any time during and after completion of the Contract, for the changes encompassed by the Change Order

131 2.0 NEGOTIATED CHANGE ORDERS Under the methods described in Paragraphs B and C, CHANGES IN CONTRACT PRICE, above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor, subcontractor, and suppliers direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work, in the form and detail acceptable to the Construction Administrator. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages. A labor surcharge of thirty percent (30%) will be added for all other fixed labor burdens, such as workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered. The cost of materials used and equipment delivered and installed in such work shall be substantiated by appropriate documents acceptable to the Construction Administrator; the cost of construction machinery and equipment shall be based on fair rental or ownership values acceptable to the Construction Administrator as described in Paragraph ,Equipment; and the cost of incidentals directly related to such work shall be substantiated in a manner acceptable to the Construction Administrator. The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, his office and engineering staff and office facilities, or anyone not directly employed on such work, nor the cost of small tools as all such indirect costs form a part of the Contractor's overhead expense. Under the method described in Paragraphs B and C, CHANGES IN CONTRACT PRICE, the maximum percentage which will be allowed for the Contractor's combined overhead and profit, bond and insurance will be: A. For work by its own organization, the Contractor may add the following percentages: Direct Labor Materials Equipment (owned or rented) 25 percent 15 percent 15 percent B. For work performed by subcontractors, the subcontractor may add the same percentages as the Contractor as listed in (A) above to its actual net increase in costs for combined overhead and profit and the Contractor may add up to five percent (5%) of the subcontractor's total for its combined overhead and profit. C. For work performed by subtier-subcontractors, the sub-subcontractors may add the same percentages as the Contractor as listed in (A) above to its actual net increase in costs for combined overhead and profit and the subcontractor may add up to five percent (5%) of the sub-subcontractor's total for his combined overhead and profit. The Contractor may add up to five percent (5%) of the subcontractor's total for its combined overhead and profit. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for

132 each area of work, i.e., direct labor, materials, equipment, subcontractors, and suppliers. When a change results in a net decrease in the contract amount, the decrease shall include combined overhead and profit associated with each area of work, less a five percent (5%) allowance for Contractor s administrative costs. The Contractor shall not be allowed payment for anticipated profits on work that may be omitted. 3.0 FORCE ACCOUNT PAYMENT 3.1 General If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the District may direct by written Change Order or Field Order, that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the Work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the Work. Contractor shall keep accurate records of its costs and will be responsible for daily tracking of the costs expended on the work being done on a force account basis, and shall make available to the Construction Administrator a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be derived from the approved and signed daily force account reports for the Work. The Contractor shall be responsible to alert the Construction Administrator if the authorized amount will be exhausted before finishing the Work. If the Construction Administrator is not alerted to an over-run in cost, the Contractor shall not receive additional adjustment above the originally approved Not To Exceed amount. The Contractor should understand that timely notice of the potential to exceed this amount is of great importance to the Construction Administrator and District, as it allows the District to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs. For the work performed, payment will be made for the documented actual cost of the following: A. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or State prevailing wages. A labor surcharge of thirty percent (30%) will be added for all other fixed labor burdens such as workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered. B. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. C. Equipment rental, including necessary transportation, for items having a value in excess of One Thousand Dollars ($1,000.00). To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, sub-subcontractor, or supplier actually performing the Work: A fixed fee not to exceed twenty percent (20%) of the costs of Item A; and not to exceed fifteen percent (15%) of Items B, and C above

133 For work performed by a subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five percent (5%) of said total. No further compensation will be allowed for the Contractor's administration of the Work performed by the subcontractor. For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five percent (5%) of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the subtier- subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five percent (5%) of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. The added fixed fees shall be considered full compensation covering the cost of general supervision, overhead, profit, bond, insurance, and any other general expenses, including estimating and engineering. The added fixed fee shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, its office and engineering staff and office facilities, or anyone not directly employed on such work, nor the cost of small tools, as all such indirect costs form a part of the Contractor's overhead expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping. The District reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. 3.2 Equipment For equipment under Item C in Paragraph above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. For rented equipment, payment shall be based on actual rental, transportation, and fuel invoices. For Contractor-owned equipment, costs shall be based on the FHWA rate in the Rental Rate Blue Book published by "Equipment Watch" at the time of the Work. The FHWA rate allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs and no further allowances will be made for those items, unless specific agreement to that effect is made. Equipment not operating, but retained at the location of a Change or Extra Work at the District s request shall be charged at a Standby Rate which, for Contractorowned equipment, shall be based on the Ownership Costs in the Rental Rate Blue Book published by "Equipment Watch" at the time of the Work. The calculation of Ownership Costs shall be based on either the published monthly, weekly, daily, or hourly rate which will result in the least cost rental charge to the District. The Standby Rate for rented equipment shall be based on actual rental invoice costs. Should it be necessary to mobilize equipment to the jobsite specifically in support of Change Order work, and should the Construction Administrator approve such use, the Contractor will be reimbursed for the actual cost of transporting such equipment to and from the jobsite. During such transportation, equipment shall be charged at the Standby Rate

134 3.3 Documentation Prior to the commencement of force account work, the Contractor shall notify the Construction Administrator of its intent to begin work. Labor, equipment, and materials furnished on force account work shall be recorded daily by the Inspector upon report sheets furnished by the Construction Administrator. The reports, if found to be correct, shall be signed by both the Contractor and the Inspector, and a copy shall be furnished to the Construction Administrator no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. If the Contractor does not agree with the labor, equipment, and/or materials listed on the Inspector's daily force account report, the Contractor and the Inspector shall sign-off on the items on which they are in agreement. The Construction Administrator shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice as provided in Paragraph , Notice. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. To receive progress payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Construction Administrator, detailed and complete documented verification of the Contractor's, and any of its subcontractor's, or supplier s, actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Construction Administrator after the thirty (30) day period has expired. The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Construction Administrator and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices. 4.0 ADJUSTMENTS DUE TO VARIATION IN QUANTITY OF UNIT PRICE WORK 4.1 Increased or Decreased Quantities The unit prices as stated in the bid form and as negotiated in Change Orders shall apply to one hundred percent (100%) of the quantity indicated to be the estimated quantity for the bid item, plus or minus twenty-five percent (25%). If the total pay quantity is more than one hundred twenty-five percent (125%) or less than seventy-five percent (75%) of the bid quantity, either the Contractor or the District may notify the other party in writing of their desire to renegotiate the price of the bid item. Any agreed upon adjustment will be implemented as a NEGOTIATED CHANGE ORDER in accordance with Paragraph If an agreement cannot be made, the District may require that the work be done in accordance with Paragraph , FORCE ACCOUNT PAYMENT

135 Adjustments to the Contract price shall be as follows: A. Increases of more than twenty-five percent (25%): If the actual quantity of work to be performed on an item exceeds the estimated quantity by more than twenty-five percent (25%), the quantity up to and including one hundred twenty-five percent (125%) of the bid quantity will be paid at the bid unit price for the item. The unit price for the quantity in excess of one hundred twenty-five percent (125%) of the bid quantity may be renegotiated as outlined above. B. Decreases of more than twenty-five percent (25%): If the actual quantity of work to be performed on an item will be less than seventy-five percent (75%) of the estimated quantity, the work may be renegotiated as outlined above. Payment for the actual quantity of work performed shall, in no case, exceed the payment which would have been made for performance of seventy-five percent (75%) of the estimated quantity at the bid unit price. 4.2 Eliminated Items If any unit price work is eliminated in its entirety, payment shall be made to the Contractor for those costs, if any, incurred prior to notification of elimination by the District in connection with the eliminated work. The actual costs or charges to be paid to the Contractor shall be determined in accordance with Paragraph , FORCE ACCOUNT PAYMENT. 5.0 TIME EXTENSIONS FOR CHANGE ORDERS If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements of Paragraphs , TIME IMPACT ANALYSES, , Delays, and , Time Extensions. 6.0 VALUE ENGINEERING 6.1 General A. This Section applies to Contractor developed Value Engineering Change Proposals (VECPs) that: 1. Require a change to the existing contract to implement 2. Reduce the Contract Price without impairing essential functions or characteristics. 3. Will not have an adverse financial impact on the District when the costs of operating and maintenance through the life-cycle of the item are considered. 4. Are not based solely on changes in deliverable quantities or reductions in the scope of Work under the Contract. Any cost savings resulting from the changes in quantity or reductions in scope reduction in scope the scope of Work under the Contract shall be credited solely to the District. B. Contractor will share in the net contract savings realized from VECPs accepted by the District

136 6.2 Definitions 6.3 Submittals A. Gross Savings: The difference between Contractor s estimated cost of performing the work in accordance with the existing requirements and Contractor s estimated cost of performing work in accordance with the proposed change. For the purposes of the preceding sentence, the cost of performing work may include overhead but shall not include any profit. B. Contractor Development and Implementation Costs: Reasonable costs incurred by the Contractor in developing, testing, preparing, and submitting the VECP and costs incurred by the Contractor to make contractual changes required by District acceptance of the VECP. C. District Costs: Reasonable costs incurred by the District for evaluating and implementing the VECP, such as analyzing, testing, and redesign, where required. District Costs does not include normal administrative costs of processing the VECP. D. Net Savings: Gross Savings less Contractor Development and Implementation Costs and District Costs. A. As a minimum, the following information shall be submitted by the Contractor with each VECP: 1. Description of existing contract requirements. 2. Description of proposed change. 3. Discussion of differences between existing requirements and proposed change. Give advantages and disadvantages of each, justify any changes to function or characteristics, and give effect of the change on performance of the item. 4. Analysis - Identify and describe each part of the existing requirements that must be changed to implement this VECP, and recommend how to make such change. 5. Life-Cycle Cost Effects - State the estimated effect of the proposed change on cost of operating and maintenance throughout the life-cycle of the item. 6. Time for Implementation of this VECP - State the latest time for acceptance of this VECP by the District to obtain maximum cost reduction during remainder of contract. 7. Time of Completion - State the effect on contract completion if this VECP is accepted. 8. Cost Analysis a. Detailed estimate of the cost of performing the work in accordance with existing contract requirements. b. Detailed estimate of the cost of performing the work in accordance with proposed contract change. c. Gross Savings to the Contractor (a. minus b. above) d. Implementation Costs:

137 6.4 Contractor 6.5 District 1) Detailed breakdown of Contractor Development and Implementation Costs. 2) Estimated District Costs (provide if known) 9. Estimated Value Engineering Net Savings (c. minus d. above) 10. Estimated Reduction in Contract Price (50% of Net Savings) B. Submit using a format similar to that of the sample Value Engineering Change Proposal at the end of this section. A. Submit VECP in accordance with the applicable provisions of Section 01300, Submittals. B. After Notice to Proceed, Contractor may request a preliminary determination from the District that the proposed Value Engineering change does not impair an essential function or characteristic, and that a formal VECP may be accepted. Prior to Notice to Proceed, the District will not comment on any VECP. 1. Requests should be in writing and sufficiently detailed to enable a District determination. 2. Requests should be submitted prior to any significant expenditure of time or effort to develop a VECP. C. Until a VECP is accepted by the District and an implementing change order is issued by the Engineer and executed by the Contractor, the Contractor and its subcontractors shall perform in accordance with the existing Contract. D. The Contractor shall have the right to withdraw, in whole or in part, any VECP at any time prior to acceptance by the District. A. The Construction Administrator will evaluate the VECP. Final determination of the effect of the proposed change on essential functions and characteristics, of the effect of the proposed change on performance of the item, and of the life-cycle costs and District implementation costs will be made by the Construction Administrator. B. No delay in acting upon any VECP submitted shall be the basis of any request or claim for additional compensation of for a time extension. C. The Construction Administrator will notify the Contractor of the status of the VECP within fifteen (15) working days after receipt. If additional time is required, the Construction Administrator will notify the Contractor within the fifteen (15) day period and provide the reason for the delay and the expected date of decision. D. The Construction Administrator may request additional data, including but not limited to full and complete technical data, a description of each proposed substitute item, and drawings, samples, literature, and calculations, for clarification or for modification of the proposal. E. If the formal VECP is not accepted, the Construction Administrator will notify the Contractor in writing, explaining the reasons for rejection

138 6.6 Acceptance A. The District may, within its sole discretion, accept or reject, in whole or in part, any VECP submitted. Acceptance will be by contract change order. B. The decision of the Construction Administrator to accept or reject, in whole or in part, any VECP under this contract shall be final and shall not be subject to the change order or claims procedures under the Contract Documents. C. If a VECP submitted by the Contractor is accepted, the Contract Price will be reduced by an amount equal to 50% of the Net Savings. D. If a VECP submitted by the Contractor is not accepted, the Contractor will not be entitled to an extension of time or to any other compensation for the effort expended in developing and submitted the VECP. 6.7 Subcontracts A. Contractor shall include VE provisions in any subcontract of Twenty-Five Thousand Dollars ($25,000) or greater, and may include such provisions in subcontracts of lesser value. Subcontracts shall contain a provision that any benefits accruing to Contractor as a result of an accepted VECP initiated by a subcontractor shall be shared proportionally by the Contractor and subcontractor. B. To compute adjustment of the contract price, the Contractor s cost of development and implementation of a VECP which is accepted under this contract shall include any development and implementation costs of a subcontractor. C. The Contractor may submit a pass through VECP on behalf of a subcontractor, which if accepted by the District, will result in the Contract Price will be reduced by an amount equal to 50% of the Net Savings. 6.8 Data Restriction A. The District reserves the right to duplicate, use, and disclose any part of a VECP or any part of the supporting data submitted by the Contractor, in any manner and for any purpose whatsoever, except that the Contractor s estimated cost of performing work or of developing and implementing the VECP will not be disclosed outside the District except in response to a request under the Public Records Act or a subpoena or court order

139 SAMPLE VALUE ENGINEERING CHANGE PROPOSAL SPECIFICATION NO: DATE: PROJECT TITLE / NO: CONTRACTOR: VECP NO: 1. DESCRIPTION OF EXISTING CONTRACT REQUIREMENT: 2. DESCRIPTION OF PROPOSED CHANGE: 3. DISCUSSION OF DIFFERENCES BETWEEN EXISTING REQUIREMENTS AND PROPOSED CHANGE: Give advantages and disadvantages of each, justify any changes to function or characteristics, and give effect of the change on performance of the item. 4. ANALYSIS: Identify and describe each part of the existing requirement which must be changed to implement this VECP, and recommend how to make such change. 5. LIFE-CYCLE COST EFFECTS: State the estimated effect of the proposed change on cost of operating and maintenance throughout the life-cycle of the item. 6. DEADLINE DATE FOR IMPLEMENTATION OF THIS VECP: State the latest time for acceptance of this VECP by the District in order to obtain maximum cost reduction during remainder of contract. 7. TIME OF COMPLETION: State the effect on contract time of completion if this VECP is accepted

140 8. COST ANALYSIS: a. Cost of performing the work in accordance with existing requirement. Attached detailed breakdown. $ b. Cost of performing the work in accordance with proposed VECP. Attach detailed breakdown. $ c. Gross Savings to the Contractor. $ (a. minus b. above) d. Implementation Costs. (1) Contractors Development and Implementation Cost. Attached detailed breakdown. $ (2) Estimated District Cost. $ 9. ESTIMATED VALUE ENGINEERING NET SAVINGS $ (c. minus d. above) 10. ESTIMATED REDUCTION IN CONTRACT PRICE $ (50% of Estimated Value Engineering Net Savings) ***END OF SECTION***

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142 SECTION FIELD ENGINEERING 1.0 NOT USED Elevation datum for this Project is based on the Project bench mark shown on the Drawings. All connections shall be installed based on actual elevations of existing structures to which connections are made. If there is a conflict with the elevation provided, or if no elevation is provided, for the project in the Contract Documents, the Contractor shall immediately bring this to the attention of the District s Construction Administrator. 2.0 LINES AND GRADES The Contractor shall lay out all work, including structures and pipelines, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Construction Administrator's decision will be final. As part of the bid price for the construction of the improvements, the Contractor shall provide and be responsible for the layout of all work on this project. 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 of the facilities. The Contractor shall stake the work limits. The Contractor's layout shall be based on existing structures, survey control and benchmarks established by the District. If additional survey control is needed beyond what is provided on the Drawings, the Contractor shall notify the District in writing and allow fourteen (14) days for the additional survey control information to be established and provided. No compensation will be made for the cost to the Contractor of any delay associated with the provision of survey control or for adjustments to the Work associated with the survey control or the establishment thereof. The Contractor shall preserve all benchmarks, stakes, and other survey marks; and in case of their removal or destruction by any party, the Contractor shall be responsible for the accurate replacement of such reference points by personnel qualified under the applicable state codes governing land surveyors. The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Construction Administrator in checking location and grades of the Work as set by the Contractor, if requested by the Construction Administrator. This shall include moving materials and equipment located between monuments and the construction work. ***END OF SECTION***

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144 SECTION REGULATORY REQUIREMENTS 1.0 APPLICABLE CODES Uniform Building Code, (latest edition) by the International Conference of Building Officials State of California, Department of Transportation (Caltrans) Standard Specifications and Plans (latest edition) All applicable codes, ordinances, and standard specifications and plans for:. City of Clayton City of Concord City of Martinez City of Pleasant Hill City of Walnut Creek Contra Costa County 2.0 SUMMARY OF FEES, PERMITS AND APPROVALS Contractor shall procure any permits and licenses not specifically provided by the District and give all notices necessary and incidental to the due and lawful prosecution of the work. Contractor shall immediately notify and furnish a list of the work sites weekly to the District and each affected city or county public works department. Public works inspectors are entitled to inspect openings prior to placement of concrete to ensure all specifications are being met, and Contractor shall make all arrangements necessary thereafter. Contractor shall comply with the specifications and plans from the county or city involved. Note that requirements may vary from street to street and from city to city. 3.0 ENVIRONMENTAL RESTRICTIONS 3.1 Noise Restrictions - The listed Cities and Contra Costa County General Plan include applicable noice ordinances. Contractor s Work activities shall conform to the applicable noise ordinances. This shall be achieved by observing specified working hours, through use of mufflers and shields on intake and exhaust ports on power construction equipment, and shrouds on impact tools. Also refer to Paragraph , Noise Abatement 3.2 Traffic Restrictions - All construction vehicles must observe a speed limit of 5 MPH on the construction site. Also refer to Paragraph , Contractor Access to the Projects Site, Paragraph , ACCESS ROADS, and Paragraph , TRAFFIC REGULATION, for other vehicle access restraints

145 4.0 SPILL OR ENVIRONMENTAL RELEASE Contractor shall implement procedures and written plans (as required by District), to control and monitor environmental impacts, including storm water runoff, hydraulic oil, silt, construction debris, concrete, petroleum or paint products or other hazardous substances. The Contractor is required to comply with the Federal Clean Water Act, which generally requires construction sites to prevent pollutants entering storm drain systems. The Contractor shall protect the local storm drain system from pollution and shall conduct and schedule operations to avoid erosion and sediments. In addition, the Contractor shall comply with the requirements of Paragraph , State Water Resources Control Board (SWRCB) General Permit related to stormwater pollution prevention. In the event that the Contractor or its Subcontractors spills or releases hazardous materials, the Contractor shall immediately notify the Construction Administrator and any other required agencies of the spill or release. The Contractor shall cooperate fully with District Operations staff and shall provide whatever assistance that District staff requires. The Contractor shall be responsible for all costs that result from any chemical spill or other release caused by the Contractor. This includes containment, control, and disposal, and any fines or other damages assessed against the District by an agency having jurisdiction. The Contractor shall stop the Work, and cordon off the affected area to secure it against unauthorized entry, remove and dispose of the hazardous material. Emergency procedures shall ensure that Contractor s most senior supervisor present takes charge and directs the handling of the emergency. Emergency procedures shall be compatible with local police and fire department procedures. However, for instances not addressed by the Contractor s Emergency Action Plan, all directions provided by the local police and fire departments shall be followed. Refer to Paragraph , Differing Site Conditions, for additional information and requirements for conditions encountered. ***END OF SECTION***

146 SECTION REFERENCES 1.0 DEFINITIONS Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the District, Designer, or Construction Administrator. Singular words include the plural and "person" includes firms, companies, and corporations. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular and plural of the words and terms. Acceptance - The formal written acceptance by the District of an entire Work which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved. Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God. This definition includes the definition of act of God set forth in Section 7105 of the Public Contract Code, where applicable. Addenda - Written or graphic instruments, issued prior to the bid, which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections. Agreement - The written contract between the District and the Contractor covering the Work to be performed; the provisions of which include the Contract Documents, which are made a part of the Agreement as provided in Section 00500, AGREEMENT, whether or not other documents are attached thereto. Approximate Location of Subsurface Installations - A strip of land not more than 24 inches on either side of the outside edge of the subsurface installation. Approximate location does not mean depth. Asbestos - Any material that contains more than one-tenth of one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Asbestos means fibrous forms of various hydrated minerals, including chrysolite (fibrous serpentine), crocidolite (fibrous riebecktite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite. Bid - The offer or proposal of the Bidder, submitted on the prescribed forms, setting forth the price or prices for the Work. Bidder - Any properly licensed and qualified firm (including a sole proprietorship), partnership, corporation, joint venture, or other legal entities, submitting a proposal for the work contemplated, acting through a duly authorized representative

147 Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents. Calendar Day - Any day of twenty-four (24) hours, measured from midnight to the next midnight, including legal holidays, Saturdays and Sundays. Company Submitting Bid Same as Bidder. Complete-In-Place - All items listed within these specifications as "Complete in Place" shall include furnishing all labor, equipment, and materials not specified as furnished by the District. The unit price bid shall include, but not be limited to, excavation and backfill, hauling of material, furnishing of thrust blocks, repair of pavement, restoration of structures, and all other work as may be required to complete the installation. Construction Administrator - The person designated, in writing, by the District to act as its representative at the construction site and to perform construction inspection services and administrative functions relating to this Contract. Initial contact by the Contractor with the District shall be through the Construction Administrator. Construction Inspector - The person designated by the District to observe the Work on behalf of the Construction Administrator and to perform construction inspection services relating to this Contract. Contract Change Order - A written order to the Contractor, recommended by the Construction Administrator and signed by the Contractor issued on or after the date of the agreement, which authorizes an addition, a deletion, or a revision in the Work, and which establishes the basis for an adjustment in the Contract Price or the Contract Time, or both, for the Work affected by the changes. Contract Completion Date - The date on which the District accepts the Work as being complete. Contract Documents - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable: Invitation to Bid Instructions to Bidders Bid Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgments Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications Technical Specifications (Divisions 2 and Higher) Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed CCWD Contractor Safe Practices Handbook (Appendix A) Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract, and the Agreement

148 Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form. Also referred to as Contract Amount or Contract Sum. Contract Time - Number of calendar days stated in the Contract for the completion of the Work. In the event the Contractor submits a viable, contractually compliant construction schedule which indicates Substantial Completion at a date earlier than the date specified in Paragraph for Substantial Completion, the acceptance of such a schedule will not change the Contract Time. In such an event, a schedule activity entitled project float, of a duration equal to the difference between the proposed construction duration and the Contract Time, will be added to the schedule. All project float is a project resource for the Contractor and the District, and is not for the exclusive use of either party. Contractor - The properly licensed and qualified individual, firm, partnership, corporation, joint venture, or other legal entity with whom the District has executed the agreement. Contractor's Plant and Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work. Critical Work activities are defined as Work activities which, if delayed or extended, will delay Substantial Completion as set forth in Paragraph Day(s) - Calendar Day(s). Defective Work - Work that is unsatisfactory, faulty or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or any work that has been damaged prior to final payment. Deficiency List List of incomplete items of Work and of items which are not in conformance with the Contract prior to Substantial Completion. A final deficiency list shall be provided prior to Substantial Completion as described in Paragraph , Time Allowed for Substantial Completion. Completion of these final deficiency items is required to achieve Substantial Completion. Designer - The engineer or architect designated by the District to have design input concerning the Work, or a specified portion of the Work, acting through the District. Direction - Action of the District by which the Contractor is ordered to perform or refrain from performing work under the Contract. District - Contra Costa Water District. Except as expressly stated to the contrary in these Contract Documents, all communications from or on behalf of the District to the Contractor shall be given by the Construction Administrator. District's Representative - The person designated in writing by the District to act as its agent on specified matters relating to this Contract. The District's Representative is not the Construction Administrator, but an employee of the District who has been designated to represent the District within the scope of his or her authority. Drawings - Refers to the Contract drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the Designer, approved by the District, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the Work to be performed. The terms drawing, plan, and plans have the same

149 meaning as the term drawings unless otherwise stated or specified. Shop drawings are not drawings as defined herein. Emergency - In reference to subsurface excavations, means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, damage to a subsurface installation requiring immediate repair, or sabotage. Excavation - Any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, or any other way. Field Order - A written instruction, given to the Contractor, authorizing work that is a change of the scope of Work carried out on a time and material basis. Final Completion Final Completion is the stage in the progress of the Work when the Work is complete, including satisfactory completion of all items included in the punch list and provision of acceptable project closeout items in accordance with Section , CLOSEOUT SUBMITTALS. Final Completion also includes the submission by the Contractor of a final payment letter stating that acceptance of the final payment shall operate as and shall be a release of all claims arising by virtue of the Agreement, as further described in Paragraph , Final Inspection and Payment. The Work will not be complete, and final payment cannot be approved or paid, until a version of this letter is received which is acceptable to the District. Float - The amount of time a non-critical work activity can slip without delaying the scheduled completion of Interim Milestones specified in Paragraph , or the scheduled restoration to service of District Facilities as specified in Paragraph , or the time allowed for Substantial Completion as specified in Paragraph , or any of these. Furnish - To deliver to the job site or other specified location any item, equipment, or material. General Conditions - Part of the Contract Documents containing the general clauses that describe how the project is to be administered (Section 00700, GENERAL CONDITIONS). General Requirements - Division 1 of the Specifications. Haul Routes Routes for construction traffic on the Project, both on and off the Project site. Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Health and Safety Code Section as amended from time to time. High Priority Subsurface Installation - High-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged. Each high priority subsurface installation is a subsurface installation as defined herein

150 Holidays - Legal holidays designated by the District or specifically identified in the Contract. Inquiry Identification Number - The number that is provided by a regional notification center to every person who contacts the center pursuant to Government Code Section The inquiry identification number shall remain valid for not more than twenty eight (28) calendar days from the date of issuance, and after that date shall require regional notification center revalidation. Inclement Weather Day A scheduled working day (shown as such on the applicable approved CPM Schedule) during which inclement weather conditions prevent the Contractor from proceeding with seventy-five percent (75%) of the normal labor and equipment force engaged in any Critical Work activities for a period of at least five (5) [consecutive] hours during normal working hours, as defined in Paragraph , WORKING HOURS. Install - Placing, erecting, or constructing any item, equipment, or material. Laboratory - The designated materials testing laboratory authorized by the District to test materials and Work involved in the Contract. Latent Deficiency Defective or deficient Work which is not apparent from reasonable inspection. Liquidated Damages - The amount prescribed in Paragraph , Liquidated Damages, and Paragraph , DAMAGES FOR DELAYS, to be paid to the District or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the specifications. Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date of a separately identifiable part of the Work required to be completed prior to Substantial Completion of all the Work. Near Critical Work activities are Work activities containing Float less than ten (10) days. No more than twenty percent (20%) of the total number of activities shown on any Schedule submitted pursuant to Section 01310, PROGRESS SCHEDULES. Notice of Award - A written notice by the District to the Contractor informing it that the Contract has been awarded to the Contractor, conditional on timely and complete compliance with the Contract Documents, including but not limited to Paragraph , EXECUTION OF CONTRACT. Notice to Proceed - The written notice by the District to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Work. Operator - In reference to excavations, means any person, corporation, partnership, business trust, public agency, or other entity that owns, operates, or maintains a subsurface installation other than an owner of real property where subsurface facilities are exclusively located if they are used exclusively to furnish services on that property and the subsurface facilities are under the operation and control of that owner. Paragraph - For references or citation purposes, refers to the paragraph(s), called out by section and paragraph number and alphanumeric designator. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion of all the Work. Person - Includes individuals, firms, companies, corporations, partnerships, and joint ventures

151 Project - The undertaking to be performed under the provisions of the Contract. Provide - Furnish and install, complete in place. Punch List - List of incomplete items of Work and of items of Work which are not in conformance with the Contract, generally prepared or issued at Substantial Completion. Completion of these items is required to achieve Final Completion. Qualified Person - In reference to excavations, means a person who completes a training program in accordance with the requirements of Title 8, California Code of Regulations, Section 1509, Injury Prevention Program, that meets the minimum training guidelines and practices of Common Ground Alliance current Best Practices. Regional Notification Center - A nonprofit association or other organization of operators of subsurface installations that provides advance warning of excavations or other work close to existing subsurface installations, for the purpose of protecting those installations from damage, removal, relocation, or repair. Resident Engineer - The person designated by the District to represent the Construction Administrator at the site of the Work and to perform construction management services relating to this Contract. Responsible - When referring to a bidder, means that the bidder is qualified to perform the Work, and refers to the quality, fitness, and capacity of that bidder to timely perform the Work and to timely obtain all of the necessary bonds and insurances in full conformity with the Contract Documents, as well as the general trustworthiness of the bidder. Responsive - When referring to a bid, means that the bid constitutes an offer to timely and fully perform the Work in full compliance with the Contract Documents without exceptions or qualifications (other than such exceptions or qualifications, if any, as may be specifically permitted by the Contract Documents). Shall - Refers to actions or omissions which are obligations of either the Contractor or the District under the Contract Documents. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the Contractor and submitted by the Contractor to illustrate some portion of the Work, and all illustrations, brochures, schedules, performance charts, instructions, and diagrams to illustrate material or equipment for some portion of the Work. Shown - Refers to information presented on the Drawings, with or without reference to the Specifications. Site - The property where the Work will be performed as described in the General Conditions or as shown on the Drawings. Specifications - That part of the Contract Documents consisting of the Invitation to Bid, the Instructions to Bidders, the Bid, General Conditions, Supplementary Conditions, General Requirements, applicable State Standard Specifications, and Technical Specifications. Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract. State of California Specifications - The State of California Department of Transportation Standard Specifications in effect at the time of advertising the Work. Also referred to as State Standard Specifications and Caltrans Standard Specifications. Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term

152 subcontractor does not include any separate contractor or any separate contractor's subcontractors. Submittals - The information which is specified for submission to the Construction Administrator in accordance with the Contract Documents. Substantial Completion - Substantial Completion is the stage in the progress of the Work when the Work or such portion thereof, if any, as may be specifically designated by the Construction Administrator is sufficiently complete in accordance with the Contract Documents so the District can occupy or utilize the Work (or designated such portion thereof, if any, as may be specifically designated by the Construction Administrator) for its intended use. Subsurface Installation - Any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines. Each high priority subsurface installation, as defined herein, is a subsurface installation. Sub-subcontractor - A sub-subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub-subcontractor means a sub-subcontractor or an authorized representative thereof. Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a subcontractor or a sub-subcontractor. Surety - The approved [individual or] surety company which is licensed to do business in this state, and which joins with the Bidder or Contractor, as the case may be, in assuming the liability under the Agreement for any of the following: the failure or neglect of the Bidder to timely furnish, execute, and deliver the Agreement, and to timely furnish and deliver the required bonds and evidence of insurance (Bid Bond), the failure or neglect of the Contractor to faithfully perform the Work (Performance Bond), and the failure or neglect of the Contractor to pay all those to whom the Contractor legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the Contractor in performing the Work. Technical Specifications - Division 2 and subsequent sections of the Contract Documents consisting of written technical descriptions of products and execution of the Work. Trench Prism - The term "Trench Prism" shall mean the area from bottom of pipe to ground surface the width of the minimum design trench. Will - Same as Shall. Work - The entire completed construction or installation, or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. 2.0 ABBREVIATIONS Whenever the following terms are used, the intent and meaning shall be as follows: 2.1 Organizations Abbreviations -- Stands For AASHTO American Association of State and Highway and Transportation Officials

153 AAMA Architectural Aluminum Manufacturers Association ACI American Concrete Institute ADC Air Diffusion Council AISC American Institute of Steel Construction AISI American Iron and Steel Institute AMCA Air Moving and Conditioning Association ANSI American National Standard Institute (formerly United States of America Standards Institute) APA American Plywood Association API American Petroleum Institute APWA American Public Works Association ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air Conditioning Construction Administrators ASME American Society of Mechanical Engineers ASTM American Society of Testing and Materials AWPA American Wood-Preserver's Association AWS American Welding Society AWWA American Water Works Association AI Asphalt Institute AIA American Institute of Architect APWA American Public Works Association ASA American Standards Association CAGI Compressed Air and Gas Institute CAL/OSHA State of California Department of Industrial Relations, Division of Industrial Safety CBM Certified Ballast Manufacturers CBR California Bearing Ratio CI Chlorine Institute CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers Association of America CPSC Consumer Products Safety Commission CRA California Redwood Association CRSI Concrete Reinforcing Steel Institute CSI Construction Specification Institute CSS CalTrans Standard Specifications DFPA Douglas Fir Plywood Association DOSH Division of Occupational Safety and Health EIA Electronic Industries Association EPA U.S. Environmental Protection Agency ETL Electronic Testing Laboratory FM Factory Mutual Insurance Company FS Federal Specifications HI Hydraulic Institute IAPMO International Association of Plumbing and Mechanical Officials ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IPCE International Power Cable Engineers Association ISA Instrument Society of America NAAMM National Association of Architectural Metal Manufacturers NACE National Association of Corrosion Engineers NBS National Bureau of Standards NEC National Electric Code NEMA National Electrical Manufacturers Association

154 NFPA NSF NWMA OSHA PCA PCMAC PTI SAE SDI SMACNA SSPC UBC UPC UL WCLIB WIC WRI National Fire Protection Association National Sanitation Foundation National Woodwork Manufacturers Association Occupational Safety and Health Act Portland Cement Association Prestressed Concrete Manufacturers Association of California Post Tensioning Institute Society of Automotive Engineers Steel Deck Institute Sheet Metal and Air Conditioning Contractors National Association Structural Steel Painting Council TCA Tile Council of America Uniform Building Code Uniform Plumbing Code Underwriters Laboratories West Coast Lumber Inspection Bureau Woodwork Institute of California Wire Reinforcement Institute 2.2 Technical Abbreviations -- Stands For AB A/B AR ASSY B & S B / SW BC BM BO BFV CL CO K CB CIOD CIP CIPP CMP CP CTB DCVA DI DIA DWG E EC ELEV ELL ENGR ETS EP EST FC FE Aggregate Base As Built Air Relief Assembly Bell and Spigot Back of Sidewalk Beginning of Curve Bench Mark Blow-off Butterfly Valve Centerline Clean Out Copper Catch Basin Cast Iron Outside Diameter Cast Iron Pipe Cast in Place Pipe Corrugated Metal Pipe Concrete Pipe Cement Treated Base Double Check Valve Assembly Ductile Iron Diameter Drawing Electric End of Curve Elevation Elbow Engineer Electrolysis Test Station Edge of Pavement Estimate Face of Curb Female End

155 FH FBE FHS FL FLG FOE G GALV GV HE ID INV IP JP LEB MA MCP MH MON ME MIN MBA MOA MJ MOE MT NIC NTS OD PE PI PL POE PP PRV PSI PVC R RI RET RD RCP RR RT S SCM SD SEB SHT STA SQ SCC STD STL SW Fire Hydrant Flanged Both Ends Flanged Hardware Set Flow Line Flange Flanged One End Gas Galvanized Gate Valve Hub End Inside Diameter Invert Iron Pipe Joint Pole Large End Bell Male End Monolithic Concrete Pipe Manhole Monument Milled Each End Minimum Minimum Bearing Area Milled Over All Mechanical Joint Milled One End Male Thread Not in Contract Not To Scale Outside Diameter Polyethylene Point of Intersection Property Line Plain One End Power Pole Pressure Reducing Valve Pressure per Square Inch Polyvinyl Chloride Radius Rodding Inlet Return Road Reinforced Concrete Pipe Rubber Ring Ring-Tite Sewer Steel Pipe, Cement Lined, Asphalt Mastic Coated Storm Drain Small End Bell Sheet Station Square Steel Cylinder Concrete Pipe Standard Steel Solvent Weld

156 S / W T TBE TBM TBO TC TOE TJ TYP VCP W WM W / W / O Sidewalk Telephone Threaded Both Ends Temporary Bench Mark Temporary Blow-Off Top Curb or Tangent to Curve Threaded One End Tyton Joint Typical Vitrified Clay Pipe Water Water Meter With Without ***END OF SECTION***

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158 SECTION PROJECT MEETINGS 1.0 PRE-CONSTRUCTION CONFERENCE 1.1 Attendees 1.2 Agenda The District will schedule a pre-construction conference and organizational meeting at the District s Concord Maintenance Facility, at 2401 Bisso Lane, in Concord, California, or another location as designated by the Construction Administrator, upon award and/or execution of the Contract and prior to commencement of construction activities. The purpose of this conference is to discuss project organization and communication, the construction schedule and constraints, notification and coordination with District operations, submittal processing procedures, payment application requirements, extra work procedures, safety requirements, permits and inspections, and other pertinent subjects as may be necessary for the Work. The District, Designer, Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with, and authorized to, conclude matters relating to the Work. The District will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination, and construction. Minutes of the meeting will be provided to attendees for review and comment. After comments are incorporated by the District, a final copy will be provided to attendees for signature to indicate concurrence. 2.0 PROGRESS MEETINGS 2.1 Attendees 2.2 Agenda The District will conduct progress meetings at the project site, or another location as designated by the Construction Administrator, at regularly scheduled intervals. Frequency of meetings is to be determined by the Construction Administrator at the pre-construction conference (minimum-one meeting per week unless other frequency so determined). Meeting minutes will be taken by the District as necessary and distributed to the Contractor. The District, the Contractor, and the Contractor s superintendent shall each be represented at these meetings. The Designer will attend as required. Attendance by subcontractors, suppliers, and other entities is subject to issues and/or items of the agenda which may, or may not, require attendance. In general, the agenda may include the following items: A. Safety issues B. Review minutes of previous meeting C. Review of Work progress

159 D. Field observations, problems, and decisions E. Identification of problems which impede planned progress F. Review of submittals schedule and status of submittals G. Review of off-site fabrication and delivery schedules H. Maintenance of progress schedule in accordance with Section 01310, PROGRESS SCHEDULES I. Corrective measures to regain projected schedules J. Planned progress during succeeding work period K. Coordination of projected progress L. Maintenance of quality and work standards M. Effect of proposed changes on progress schedule and coordination N. Other business relating to Work 3.0 CONFERENCES At any time during progress of the Work, the District and the Construction Administrator shall have the authority to require the Contractor and any subcontractor, suppliers, or service providers to attend a job-site conference. Any notice of such conference shall be duly observed and complied with by the Contractor and its subcontractors, suppliers, or service providers. ***END OF SECTION***

160 SECTION SUBMITTALS 1.0 SUBMITTALS Where the Contractor is required by these Specifications to make submittals, they shall be made in accordance with this Section. The Contractor shall provide a sufficient number of copies to allow four (4) copies to be retained by the Construction Administrator and three (3) copies plus one (1) reproducible (where possible) for the Contractor of the following items: Designation of Contractor's Representative Cost Breakdown Construction Schedule Schedule of Submittals Substitutions List Shop Drawings Material Safety Data Sheets Operation and Maintenance Manuals Requests and Notices Manuals and Instructions Manufacturer's Affidavits Affidavits on Patent Fees Warranty Data Others as Specified in the Technical Specifications Where the Contractor is required by these Specifications to submit samples of products, the Contractor shall provide a sufficient number of physical samples to allow two (2) to be retained by the Construction Administrator of all structural and architectural products involving color, finish, texture, or the like. 2.0 SCHEDULE OF SUBMITTALS Within ten (10) days after the Notice to Proceed, the Contractor shall submit a Schedule of Submittals to the Construction Administrator for review. The Schedule of Submittals must be favorably reviewed by the Construction Administrator before the first progress payment can be made. The Schedule shall list all required submittals, using the unique number designation for that submittal, assigned pursuant to the numbering system described in Paragraph , Transmittal Form, and the dates that each of the submittals will be provided to the District for review. The Schedule shall also include appropriate Specification or Drawing references. In accordance with Paragraph , Other Withholds, the District may withhold all or a portion of one or more progress payments if the Schedule of Submittals is not provided as required or if the District s comments are not incorporated into a resubmission within two (2) weeks of receipt of any District comments. After the submission is favorably reviewed and returned to the Contractor by the Construction Administrator, it shall become the basis for the submission of detailed manufacturer's drawings, catalog cuts, curves, diagrams, schematics, data, and information on each separate item for review as set forth in this Section. The favorable review of shop drawings shall be obtained prior to the fabrication, delivery, and construction of items requiring shop drawing submittal

161 3.0 CONTRACTOR S RESPONSIBILITIES The Contractor shall submit, at its own expense, submittals and details of structural and reinforcing steel, equipment, materials, electrical controls, architectural fabrications, pipe, pipe joints, special pipe sections, and other appurtenances, as required in the technical specifications. All submittals and supporting data, catalogs, schedules, etc., shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy, completeness, and coordination. Such responsibility shall not be delegated, in whole or in part, to subcontractors or suppliers. These submittals may be prepared by the Contractor, subcontractors, or suppliers, but the Contractor shall ascertain that submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of installation. Designation of work "by others," if shown in submittals, shall mean that the Work will be the responsibility of the Contractor rather than the subcontractor or supplier who prepared the submittals. The Contractor shall ensure that there is no conflict with other submittals and notify the Construction Administrator in each case where its submittal may affect the work of another Contractor or the District. The Contractor shall ensure coordination of submittals among the related crafts and subcontractors. Submittals shall be prepared in such form that data can be identified with the applicable specification paragraph. The data shall clearly demonstrate compliance with the Contract Documents and shall relate to the specific equipment to be furnished. Where manufacturer's standard drawings are employed, they shall be marked clearly to show what portion of the data is applicable to this project. 3.1 Submittal Requirements A. Submittals shall be accompanied by a transmittal form and shall be in strict accordance with the provisions of this Section and the section for which it is being submitted. B. Compact disks or DVDs shall be packaged in a hard case. The case and media shall be labeled as to content. C. Provide preferred priority of processing when appropriate. D. The Contractor is required to upload an electronic copy of all submittals to the District s web-based document control system, Psomas CM-DTS. Information about this system can be viewed at The District will pay system usage costs to Psomas during the project duration and provide login access to the Contractor s representatives. Up to four (4) hard copies of all submittals will also be required to be submitted as directed by the Construction Administrator. E. Make all shop drawings accurately to scale sufficiently large to show all pertinent features of the item, and its method of connection to the Work. 4.0 TRANSMITTAL PROCEDURES 4.1 Transmittal Form A separate transmittal form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of

162 equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. The specification section, to which the submittal is related, shall be indicated on the transmittal form. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "###" where "###" is the sequential number assigned by the Contractor. Resubmittals shall have the following format: "###-X" where "###" is the originally assigned submittal number and "X" is a sequential letter assigned for resubmittals; i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 25B, for example, is the second resubmittal of submittal Deviations From The Contract If the submittals show any deviations from the Contract requirements, the Contractor shall include with the submittal a separate written description of such deviations and the reasons therefor. If the District accepts such deviation, the District shall issue an appropriate Contract Change Order, except that, if the deviation is minor, or does not involve a change in price or in time of performance, a Change Order need not be issued. If any deviations from the Contract requirements are not noted on the shop drawing, the review of the submittal shall not constitute acceptance of such deviations. Proposed substitutions of materials, equipment, or methods shall be processed only in accordance with Paragraph , Material and Equipment Substitutions. 4.3 Submittal Completeness The Contractor shall check all submittals before submitting them to the Construction Administrator and shall certify on the transmittal letter and on each submittal that they have been checked, are in compliance with the Contract Documents, and all deviations from the Contract Documents are noted. If the Contractor submits an incomplete submittal, the submittal will be returned to the Contractor without review. A complete submittal shall contain sufficient data to demonstrate that the items comply with the Contract Documents, shall meet the minimum requirements for submissions cited in the technical specifications, shall include materials and equipment data and seismic anchorage certifications where required, and shall include any necessary revisions required for equipment other than first named manufacturer. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Construction Administrator at least by the second submission of data. The District reserves the right to deduct moneys from payments due the Contractor to cover additional costs of review beyond the second submission. 4.4 Submittal Period All submittals shall be completed and submitted for review within thirty-five (35) days after favorable review of the Schedule of Submittals, unless the Construction Administrator accepts an alternate schedule for submission of submittals proposed by the Contractor

163 5.0 REVIEW PROCEDURE Submittals shall be submitted to the Construction Administrator for review and returned within ten (10) days after receipt. Review of submittals has as its primary objective the completion for the District of a project in full conformance with the Contract Documents, unmarred by field corrections, and within the time provided. In addition to this primary objective, submittal review as a secondary objective will assist the Contractor in its procurement of equipment that will meet all requirements of the Contract Documents, will fit the structures detailed on the Plans, will be completed with respect to piping, electrical, and control connections, will have the proper functional characteristics, and will become an integral part of a complete operating facility. Acceptance of submittals does not constitute a change order to the Contract requirements. After review by the Designer of each of the Contractor's submissions, the material will be returned to the Contractor with actions defined as follows: A. No Exceptions Noted (Resubmittal Not Required) Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the Work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. B. Make Corrections Noted (Resubmittal Not Required) Same as a, except that minor corrections as noted shall be made by the Contractor. C. Amend And Resubmit Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review. D. Rejected Submitted material does not conform to Plans and Specifications in major respect, i.e., wrong size, model, capacity, or material. Items A and B above (no resubmittal required) are considered "favorable review." Items C and D above (correction and resubmittal required) are considered "unfavorable review." It shall be the Contractor's responsibility to copy and/or conform reviewed submittals in sufficient numbers for its files, subcontractors, and vendors. 6.0 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS The favorable review of submittals shall be obtained prior to the fabrication, delivery, and construction of items requiring submittal. Favorable review of submittals does not constitute a change order to the Contract requirements. The favorable review of all submittals shall apply in general design only and shall in no way relieve the Contractor from responsibility for errors or omissions contained therein. Favorable review shall not relieve the Contractor of its obligation to meet safety requirements and all other requirements of laws, nor constitute a Contract Change Order. Favorable review will not constitute acceptance by the

164 District of any responsibility for the accuracy, coordination, and completeness of the submittals or the items of equipment represented on the submittals. 7.0 NOT USED ***END OF SECTION***

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166 SECTION QUALITY CONTROL 1.0 QUALITY CONTROL 1.1 Materials and Equipment All materials and equipment shall be new and of the specified quality and equal to the samples found to be acceptable by the District, if samples have been submitted. It shall be the duty of the Contractor to call the Construction Administrator's attention to apparent errors or omissions in the Contract Documents and request instructions before proceeding with the Work. The Construction Administrator may, by appropriate instructions, correct errors and supply omissions not involving extra costs, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents. For materials that come in contact with potable water and when otherwise indicated or specified, the materials shall be listed by NSF International as in compliance with NSF/ANSI Standard 61: Drinking Water System Components Health Effects. Materials shall be compliant with the most current NSF/ANSI Standard 61 at the time of bid opening. At the option of the Construction Administrator, materials and equipment to be supplied under this Contract will be tested and inspected either at their place of origin or at the site of the Work. The Contractor shall give the Construction Administrator written notification at least thirty (30) days prior to the shipment of materials and equipment to be tested and inspected at point of origin. Satisfactory tests and inspections at the point of origin shall not be construed as a final acceptance of the materials and equipment, nor shall such tests and inspections preclude retesting or reinspection at the site of the Work. 1.2 Effect of Inspection Inspection of the Work by the District, Construction Administrator, and/or Designer shall not relieve the Contractor of its obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract. 1.3 Project Documents The Contractor shall maintain, on the project site, a suitable office or other protected area in which shall be kept the following project documents: copies of the Contract Documents, including each addendum and change order, and one (1) set of specifications and full size prints on which the Contractor has marked each deviation from plan dimensions, elevations, or orientations, and each change from the addenda, change orders, and clarifications; project progress records; project schedules; approved shop drawings; site safety and health plan; and other relevant documents, all of which the Designer, Construction Administrator, and District shall have access to at all times during normal working hours or at any other time when the Contractor or any subcontractor is at the jobsite, whether or not Work is proceeding

167 2.0 INSPECTION All work and materials are subject to the inspection of the Construction Administrator. The Contractor shall notify the Construction Administrator before noon of the working day before inspection is required. If the Specifications, the Construction Administrator's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give a 24- hour minimum notice, in writing, of its readiness for inspection. Unless otherwise determined by the Construction Administrator, all inspections shall be done only in the presence of the Construction Administrator or its authorized representatives. The District, Construction Administrator, Construction Inspector, Designer, and authorized government agents and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or progress and to all warehouses and storage yards wherein materials and equipment are stored, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract, and improper work will be subject to rejection. Work and materials not meeting such requirements shall be made good, and unsuitable work or materials may be rejected; notwithstanding that such work or materials have been previously inspected by the Construction Administrator or Construction Inspector, or that payment therefor has been included in a progress estimate. Should reinspection of the Work require inspection outside normal working hours, the Contractor shall pay for all inspection costs, including overtime, in accordance with Section , WORKING HOURS. No portion of any work or installed materials shall be covered or concealed in any manner whatsoever without first being inspected by the Construction Administrator. If any work should be covered up without the approval or consent of the Construction Administrator, the Construction Administrator shall have the authority to require that such work be uncovered for examination; defective work, if any, corrected; and recovered at the Contractor's expense. 3.0 SAMPLES AND TESTS 3.1 Sampling At the option of the Construction Administrator, the source of supply of materials for the Work shall be subject to tests and inspection before the delivery is started and before such materials are used in the Work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of materials to be used in the Work in sufficient quantities or amounts for testing or examination. The Construction Administrator shall have full authority to require continuing tests and inspection of any source of supply or supplier s source plants where there is evidence of irregularities in the materials presented or the accompanying documentation, or that the materials do not fully comply with the specifications. All tests of materials furnished by the Contractor shall be made in accordance with the commonly recognized standards of national technical organizations, and such special methods and tests as are prescribed in the Contract Documents. Certificates of compliance shall be provided by the Contractor as required in the Technical Specifications. The Contractor shall furnish such samples of materials as are requested by the Construction Administrator, without charge. No material shall be used until the

168 3.2 Testing Construction Administrator has had the opportunity to test or examine such materials. Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the jobsite, such as concrete test cylinders, shall be taken or prepared by the Construction Administrator or Testing Firm in the presence and with the assistance of the Contractor. Unless otherwise provided, all initial testing for concrete and soils shall be at no expense to the Contractor, and shall be performed in a laboratory designated by the District. Any retesting required due to failed test or defective material or sample shall be at the Contractor's expense. Testing conducted in response to evidence of irregularities in the materials presented or the accompanying documentation shall also be at the Contractor s expense. When required by the Contract or the Construction Administrator, the Contractor shall furnish, at no extra charge, certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory. The Contractor is responsible for all system and equipment testing as provided for in these Contract Documents. 3.3 Test Standards All sampling, specimen preparation, and testing of materials shall be in accordance with the standards of nationally recognized technical organizations. The physical characteristics of all materials not particularly specified shall conform to the latest standards published by the American Society for Testing Materials, where applicable. ***END OF SECTION***

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170 SECTION CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.0 GENERAL The Contractor shall provide all temporary facilities and utilities required for prosecution of the Work, protection of employees and the public, protection of the Work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation. 2.0 TEMPORARY UTILITIES 2.1 Electrical Service 2.2 Water The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary electrical service at a mutually agreeable location. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities. The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water per Chapter 5.56 Prevention of Contamination of the CCWD Code of Regulations. The CCWD Code of Regulations can be obtained from the CCWD Customer Service Department, or can be found at the District s online library, which can be accessed from the District s website ( and selecting CCWD Publication Online. All water is to be metered and paid for by the Contractor. Prior to receiving a meter, the Contractor shall submit an application at the District Center (1331 Concord Avenue, Concord, CA). Meters are available at the District Corporation Yard (2333 Bisso Lane, Concord, CA). A meter deposit is required and a monthly service charge will be billed to the Contractor per Chapter Meters Service Through Fire Hydrants. Water consumption charges will be billed to the Contractor at the rates set forth in Chapter charges and Rates Treated (Potable) Water Service, Temporary Service of the CCWD Code of Regulations. The deposit, monthly service charge, and consumption charge will be those stated in Chapter Charges and Rates Treated (Potable) Water Service, Temporary Service of the CCWD Code of Regulations as they are then in effect, and which may be changed from time to time. The District shall be entitled to assess such charges against the Contractor and deduct the cost thereof from any money due or that may become due the Contractor under this or any other contract. Construction water meters will only be issued for these specific purposes to those firms or individuals who have either a current District Construction Contractor a District Water Main Extension Agreement and only after authorization is received from the District. The construction water meter shall only be used on the project for which it was issued and must be returned to the District Corporation Yard upon

171 completion of the Work. The project will not be accepted by the District as 100% complete until the meter is returned and all associated charges paid. 2.3 Temporary Lighting The Contractor shall provide temporary lighting in all work areas sufficient to maintain a lighting level during working hours not less than the lighting level required by California OSHA standards. As permanent lighting facilities are completed, they may be used in lieu of temporary facilities, provided, however, that bulbs, lamps, or tubes of such facilities used by the Contractor shall be replaced prior to final acceptance of the Work. 2.4 Heating and Ventilation The Contractor shall provide means for heating and ventilating all work areas as may be required to protect the Work from damage by freezing, high temperatures, weather, or to provide a safe environment for workers. Unvented direct fired heaters shall not be used in areas where freshly placed concrete will be exposed to the combustion gases until at least two (2) hours after the concrete has attained its initial set. 2.5 Sanitary Conveniences The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition. 3.0 CONSTRUCTION FACILITIES Construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law, or for adequate protection of life and property shall be provided. 3.1 Staging and Falsework Temporary supports shall be designed by a professional civil or structural engineer registered in the State of California with an adequate safety factor to assure adequate load bearing capability. If requested by the Construction Administrator, the Contractor shall submit design calculations for staging and shoring prior to application of loads. Excavation support shall be in accordance with Paragraph , Safety. 3.2 Temporary Enclosures When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees or the public are in progress, the area of activity shall be enclosed adequately to contain the dust, over-spray, or other hazard. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures

172 3.3 Warning Devices and Barricades The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of Cal/OSHA. 3.4 Above-Grade Protection 3.5 Not Used On multi-level structures the Contractor shall provide safety protection that, as a minimum, shall meet the requirements of Title 8, California Code of Regulations. 4.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS As specified in Paragraph , Identification of Location, and in Paragraph , Damage and Protection, of the Contract Documents, the Contractor shall be responsible for the protection of public and private property at, and adjacent to, the Work area, and shall exercise due caution to avoid damage to such property. 5.0 PROJECT SECURITY The Contractor shall make adequate provision for the protection of the Work area against fire, theft, vandalism, and contamination, and for the protection of the public against exposure to injury. 5.1 Fire Extinguisher Sufficient number of fire extinguishers of the type and capacity required to protect the Work and ancillary facilities, shall be provided and maintained in readily accessible locations. 5.2 Temporary Fences Except as otherwise provided, the Contractor shall enclose the site of the Work with a fence adequate to protect the Work and temporary facilities, including field offices, as described in Paragraphs , Project Office, and , Construction Administrative Office, against acts of theft, violence, or vandalism. In the event all or a part of the site is to be permanently fenced, this permanent fence or a portion thereof may be built to serve for protection of the Work site, provided however, that any portions damaged or defaced shall be replaced prior to final acceptance. Temporary openings in existing fences shall be protected to prevent intrusion by unauthorized persons. During night hours, weekends, holidays, and other times when no work is performed at the site, the Contractor shall provide temporary closures or guard service to protect such openings. Temporary openings shall be fenced when no longer necessary. 5.3 Disinfection Procedures and Prevention of Contamination Contractor shall protect the Work against contamination by following the disinfection procedures set forth in the Technical Specifications. Some of these Procedures are summarized below

173 5.4 Not Used Disinfection procedures shall include as a minimum: A. continuously preventing the entry of construction debris, drainage water, and other contaminating materials into the piping system, tanks, valves, fittings, or pumps during storage, construction, or repair; this shall include the sealing of all open pipe ends at the end of each day; B. removing by flushing or other means, all materials that may have entered the piping, tanks, valves, or pumps; C. chlorination, removal of the chlorinated water, and dechlorination of the water so removed; D. sampling for the District testing of the samples to confirm that bacteriological quality meets California Department of Health Services requirements; and E. repeating the disinfection procedures as required and described herein should bacteriological testing show contamination. 6.0 ACCESS ROADS Access roads shall be maintained to all storage areas and other areas to which frequent access is required. Similar roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed, such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities. 7.0 SPECIAL CONTROLS The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control. 7.1 Dust Control The Contractor, at its expense, shall take whatever steps, procedures, or means, as are required, to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work, and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. Haul routes shall be kept visibly wet during excavation and hauling operations. Unless the construction dictates otherwise, and unless otherwise approved by the Construction Administrator, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. 7.2 Noise Abatement Operations at the Worksite shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours

174 Noise levels due to construction activity shall not exceed the levels specified by local ordinance. Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler. 7.3 Drainage Control In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow. Drainage means shall be provided to protect the Work and adjacent facilities from damage due to water from the site or due to altered drainage patterns from construction operations. Temporary provisions shall be made by the Contractor to ensure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses. 7.4 Construction Cleaning The Contractor shall, at all times, keep property on which work is in progress and the adjacent property including public or private roadways free from accumulations of soil materials, water, waste material or rubbish caused by employees or by the Work. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations. If, at any time during the course of the Work, the Construction Administrator determines that the Contractor has failed to maintain site cleanliness, the District will notify the Contractor in writing of such non-compliance. If the Contractor does not comply within two (2) days of such written notice, the Construction Administrator may withhold all or part of one or more progress payments and/or order an immediate work stoppage until the site is adequately cleaned. If, at any time subsequent to the initial written notice, the Construction Administrator again determines that the Contractor has failed to maintain site cleanliness, the Contractor shall, upon either written or verbal notification, immediately clean the work site before proceeding with other construction activities. 7.5 Disposal of Material The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the District from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to applicable laws and regulations pertaining to grading, hauling, and filling of earth. Contractor shall provide to the District written certification that all materials have been properly disposed of in accordance with all applicable laws and regulations. Receipt of such certification in a form acceptable to District shall be a necessary prerequisite for payment of the progress payment covering the disposal activities

175 7.6 Parking and Storage Areas All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the local governing agency or property owner(s). 8.0 TRAFFIC REGULATION 8.1 General The Contractor shall take all necessary steps to minimize inconvenience to the general public throughout all work under this Contract. No driveways or private roads shall be blocked without notifying the property owner, and access must be restored during all non-working hours. Safe access must be maintained for pedestrian traffic throughout the work area at all times. At least one lane of traffic in each direction on all roads used on the Project must be kept open at all times unless prior approval is provided by the District and any affected agency. No roads shall be blocked or made inaccessible, due to the Contractor's work, without prior written approval of the District and the affected agencies in the form of an encroachment permit obtained pursuant to Paragraph , Permits and Section , Summary of Fees, Permits, and Approvals. The Contractor shall comply in all respects with the provisions of Paragraph , Public Safety and Convenience. The Contractor shall not block or obstruct fire lanes at any time. 8.2 Haul Routes Prior to the pre-construction conference, the Contractor shall submit for approval the proposed route(s) for all construction traffic on the project. This shall include designated routes, if any, shown on the Contract Drawings. Upon approval, the Contractor shall strictly adhere to that route(s) only, unless written permission is obtained to change the route(s). Contractor shall provide dust control, clean roads used as haul routes, and perform related activities as required by the responsible city or county agencies. 8.3 Traffic Control Traffic control shall be in accordance with the current California Department of Transportation Traffic Manual. The Contractor shall submit its traffic control plans to the appropriate agency for approval prior to work or public streets. Traffic control plans shall address all forms of traffic including, but not limited to, vehicular, bicycle, and pedestrian traffic. Traffic control shall include signs, warning lights, reflectors, barriers, and other necessary safety devices and measures, including sufficient flaggers to direct vehicular traffic through the construction areas. No material or equipment shall be stored/parked where it will interfere with the free and safe passage of public traffic, and at the end of each day's work, and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the public right-of-way. Should the Contractor appear to be negligent in furnishing warning and protective measures, as above provided, the Construction Administrator may direct attention

176 to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor at its expense. 9.0 NOT USED 10.0 NOT USED 11.0 NOT USED ***END OF SECTION***

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178 SECTION MATERIAL AND EQUIPMENT 1.0 STORAGE OF MATERIALS Materials shall be stored in such a manner as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Construction Administrator, materials shall be placed on platforms or other hard, clean surfaces, and covered when directed. Materials shall be stored so as to facilitate inspection. Storage areas shall be suitably fenced, if necessary, to protect the public or the material. Unless otherwise designated in the General Requirements, locations and arrangements for storage sites for materials and equipment outside the right-ofway or limits of work, shall be selected and maintained by the Contractor at its expense. Full compensation for furnishing such storage sites as may be necessary or required by the Contractor shall be considered as included in the price bid and no additional compensation will be allowed therefor. The District shall be specifically exempted in any agreement from any liability incurred from the use of private property for construction purposes. Use of portions of the District's area at the site for materials and equipment storage shall be permitted only upon the approval of the Construction Administrator. 2.0 HAZARDOUS MATERIALS The storage and handling of potential pollution causing and hazardous materials, including, but not necessarily limited to, gasoline, oil and paint shall be in accordance with all local, State and Federal requirements. All hazardous materials shall be stored and handled in strict accordance with the Material Safety Data Sheets for the products. Material Safety Data Sheets shall be submitted to the Construction Administrator prior to the delivery of materials to the project. 3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS 3.1 General In these Specifications, materials, products, things, or services have been named which, to the District's knowledge, meet the Specifications and are equivalent in construction, functional efficiency, and durability. Wherever specific brands or trade names followed by the designation "or equal," are used in these Specifications to designate or describe a designated material, product, thing, or service, they are used to establish the standards of quality and utility required. The first-named manufacturer is the basis for the project design and the use of alternative-named or unnamed manufacturer's materials, products, things, or services as proposed by the Contractor may require modifications in the project design and construction. Where only one brand or trade name has been listed, it is the only brand or trade name known to the District that meets these Specifications. Wherever in these Specifications specific brands or trade names are designated to match others in use on a particular public improvement and are not followed by the designation or equal, no substitutions for the designated material, product,

179 thing, or service will be favorably reviewed. The same is true for materials, products, things (including equipment) and services being furnished by the District. 3.2 Substitutions The Contract is based on the materials, equipment, and methods described in the Contract Documents. Substitutions which are equal in quality and utility to those specified may be permitted, subject to the following provisions. Any Contractorproposed substitutions are subject to the approval of the District in accordance with Public Contract Code Section 3400 and this Paragraph Any time impacts associated with the review, approval or rejection of a substitution is a delay solely attributable to the Contractor, and will not be recognized as a basis for extending the Time Allowed for Interim Completion, the Time Allowed for Substantial Completion, or the Time Allowed for Final Completion Substitutions Prior to Award The Contractor shall submit to the Construction Administrator, prior to award, in accordance with Public Contract Code Section 3400 and Paragraph , SUBSTITUTIONS DURING BIDDING, data substantiating each request for a substitution of an equal item. The District will favorably review such a request only if the substantiating data contains a description of each proposed substitute item and drawings, samples, literature, calculations, or other detailed information sufficient to demonstrate to the District, in its opinion, that the proposed substitute is equal in quality and utility to the item specified. In the event that a substitute is favorably reviewed, fifty percent (50%) of all savings shall be credited to the District. No substitutions will be permitted for any materials, products, things (including equipment) or services being furnished by the District. Failure of the Contractor to submit proposed substitutions for review in the manner described above and within the time prescribed shall be sufficient cause for rejection by the District of any substitutions otherwise proposed Substitutions After Award 3.3 Not Used 3.4 Not Used The District will consider proposals for substitution of materials, equipment, or methods after award only when submitted by the Contractor pursuant to Section , Value Engineering. ***END OF SECTION***

180 SECTION CONTRACT CLOSEOUT 1.0 CLOSEOUT SUBMITTALS The following project closeout items shall be submitted to the District, in satisfactory and final form, prior to release of final payment: 2.0 NOT USED 3.0 NOT USED A. Releases of Claims as permitted by California Public Contract Code Section 7100 as required in Paragraph Record Drawings as required in Paragraph C. Operations and Maintenance Manuals as required in Paragraph D. Final Cleaning as required in Paragraph E. Warranty Form as required by Paragraph F. Spare Parts, Special Tools, and Extra Material as required by individual specification sections. G. Field Records and Reports as required by individual specification sections 4.0 FINAL CLEANING 4.1 Final Clean Up Before final inspection of the Work, the Contractor shall clean the construction area, material sites, adjacent property and streets, and all ground occupied by the Contractor in connection with the Work of all rubbish, excess materials, form lumber, etc. All parts of the Work shall be left in a neat and presentable condition. 4.2 Final Building Clean-Up On all building projects and wherever else applicable, besides general broom cleaning, the following special cleaning shall be performed at completion of the Work: A. Putty stains and paint shall be removed from glass; glass shall be washed and polished, inside and outside. Care shall be exercised so as not to scratch glass. B. Marks, stains, fingerprints, and other soil and dirt shall be removed from painted, decorated, or stained work. C. Waxed woodwork shall be cleaned and polished. D. Hardware shall be cleaned and polished of all traces; this shall include removal of stains, dust, dirt, paints, and blemishes

181 E. Spots, soil, paint, plaster, and concrete shall be removed from tile; tile work shall be washed afterwards. F. Fixtures and equipment shall be cleaned, and stains, paint, dirt, and dust shall be removed. G. Temporary floor protections shall be removed; floors shall be cleaned, waxed, and buffed. H. Dust, cobwebs, and traces of insects and dirt shall be removed. 5.0 WARRANTY The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under terms of this Contract, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of the project or the Substantial Completion date, whichever is applicable, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for similar guarantee for all work and materials provided by subcontractors or manufacturers of packaged equipment components. The Contractor also agrees to indemnify, defend and hold the District harmless from liability of any kind arising from damage due to said defects The Contractor shall execute and submit a completed Warranty Form in the format as appended to this Section for the Work, and any portion of the Work possessed in accordance with Paragraph , District's Right to Use or Occupy. The Warranty Form shall be submitted prior to the Substantial Completion date or to final acceptance for the project or within five (5) days of the occupancy or use of a portion of the Work, whichever is applicable. The Contractor shall provide on-site troubleshooting services within five (5) days after receipt of notice in writing from the District, and promptly make all repairs arising out of defective materials, workmanship, or equipment. The District is hereby authorized to make such repairs, and the Contractor and his Surety shall be liable for the cost thereof, if ten (10) days after giving of such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence. In case of emergency, where, in the opinion of the District, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and his Surety shall be liable for the cost thereof. The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the District any and all information concerning product defects or other problems and shall promptly forward to the District any such information received, whether before, during, or after the warranty period. Warranty Inspection - Prior to the expiration of the Warranty period, the District reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds, and maintenance requirements, and determine required repair or replacement of defective items. For the purpose of this paragraph, acceptance of the Work or a portion of the Work by the District, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact,

182 been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. The District and the Contractor agree that warranty on the parts of the work possessed and used by the District in accordance with Paragraph , District's Right to Use or Occupy, shall commence on the date that the District takes possession of such work and so notifies the Contractor in writing. The District and the Contractor further agree that such possession, and use of the work shall not be deemed as Substantial Completion or acceptance of any part of the Work

183 WARRANTY FORM Warranty For (Project/Component) (Location) We hereby guarantee the (Project/Component) that we have constructed for a period of from (Date) the date of acceptance by the Contra Costa Water District of the Work/Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The following are excluded from the provisions of this warranty: We agree that if any of the equipment should fail due to any reason other than improper maintenance or improper operation, if any pipe or appurtenances should develop leakage, or if any settlement of fill or backfill occurs, or should any portion of the work fail to fulfill any of the requirements of the Specifications, we will, within five (5) days after receipt of written notice of such defects, provide on-site troubleshooting services and promptly make all repairs arising out of defective materials, workmanship, or equipment. In the event of our failure to comply with the above mentioned conditions within ten (10) days after receipt of written notice of defective materials, workmanship, or equipment, or should the exigencies of the case require repairs or replacements to be made before we can be notified or respond to notification, we do hereby authorize the Contra Costa Water District to proceed to have the defect repaired and made good at our expense, and we will pay the cost therefor upon demand. The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the Contract Documents and by law. Contractor: Signed: Title: Date: ***END OF SECTION***

184

185 DIVISION 2 SITE WORK

186 SECTION SOIL AND AGGREGATE MATERIALS 1.0 GENERAL 1.1 Section Includes A. Type I Backfill. B. Type II Backfill. C. Type III Backfill. D. Type IV Backfill E. Type I Drain Rock. F. Controlled Density Fill. G. Embankment Fill. H. Topsoil. I. Non-Structural Backfill. J. Stockpiling. 1.2 Related Sections 1.3 References 1.4 Submittals A. Section 02220, EXCAVATING, BACKFILLING, AND COMPACTING. B. Section 03300, CAST-IN-PLACE CONCRETE. A. ASTM C136 Test Method for Sieve Analysis of Fine and Coarse Aggregate. B. ASTM D422 Test Method for Particle-Size Analysis of Soils. C. ASTM D2419 Test Method for Sand Equivalent Value of Soils and Fine Aggregate. D. ASTM D2844 Test Method for Resistance R-Value and Expansion Pressure of Compacted Soils. E. ASTM G51 Test Method for Measuring ph of Soil for Use in Corrosion Testing. F. ASTM G57 Test Method for Field Measurement of Soil Resistivity using the Wenner Four-Electrode Method. G. STANDARD SPECIFICATIONS and STANDARD PLANS California Department of Transportation (Caltrans), July 1999, or latest edition. A. Submit the following to the Construction Administrator for review: 1. Material Source: Submit the name of source for all imported materials Std. Date: January 26, 2006 Print Date: 6/1/2016 FY17 Asphalt Replacement Services

187 2.0 PRODUCTS 2.1 Backfill Materials 2. Grading and Quality Requirements: Submit compliance with backfill grading and quality requirements. Submit testing results for all materials, prior to placement. A. General: No material shall be used for backfill which, because of excessive moisture or any other reason, cannot be compacted to the degree specified. Any such material shall be considered unsuitable, and if it is deposited in the trench, it shall be removed and replaced with suitable material. B. Type I Backfill: Type I Backfill shall meet the following requirements: 1. Material shall meet the gradation and quality requirements of STANDARD SPECIFICATIONS, Section A for Class II Aggregate Base, ¾-inch maximum size. 2. Resistivity: Material shall have a minimum resistivity of 3000 ohm-cm, as determined by ASTM G ph: Material shall have a ph between 5.5 and 8.5, as determined by ASTM G51. C. Type II Backfill: Type II Backfill shall meet the following requirements: 1. Material may be excavated and re-used from the site, or may be imported from off site borrow areas. 2. Material shall be free from organic matter, debris, asphaltic material, or other unsuitable materials, or lumps or rocks larger than three (3) inches. 3. Material shall meet the following grading requirements, as determined by ASTM D422: PERCENTAGE PASSING SIEVE SIZE OPERATING RANGE 3 inch inch No Resistance R-Value: Material shall have a minimum Resistance R-Value of ten (10), as determined by ASTM D Resistivity: Material shall have a minimum resistivity of 2000 ohm-cm, as determined by ASTM G ph: Material shall have a ph between 5.5 and 8.5, as determined by ASTM G51. D. Type III Backfill: Type III Backfill shall meet the following requirements: 1. Material shall be clean, sound, and durable natural sand Std. Date: January 26, 2006 Print Date: 6/1/2016 FY17 Asphalt Replacement Services

188 2. Material shall meet the following grading requirements, as determined by ASTM C136: PERCENTAGE PASSING SIEVE SIZE OPERATING RANGE 3/4 inch 100 No No No Sand Equivalent: Material shall have a minimum sand equivalent value of thirty (30), as determined by ASTM D Resistivity: Material shall have a minimum resistivity of 2000 ohm-cm, as determined by ASTM G ph: Material shall have a ph between 6.5 and 8.5, as determined by ASTM G51. E. Type IV Backfill: Type IV backfill shall meet the following requirements: 1. Material shall be imported, washed and graded sand, graded creek or bank gravel, river run rock, or combinations thereof. The reuse of native material is not permitted. 2. The material shall form a dense, well-compacted embedment and shall not contain any crushed particles. 3. Material shall conform to the following grading requirements: PERCENTAGE PASSING SIEVE SIZE OPERATING RANGE 3/4 inch /8 inch No No No Sand Equivalent: Material shall have a minimum sand equivalent value of 75, as determined by ASTM D Resistivity: Material shall have a minimum resistivity of 3000 ohm-cm, as determined by ASTM G Std. Date: January 26, 2006 Print Date: 6/1/2016 FY17 Asphalt Replacement Services

189 6. ph: Material shall have a ph between 5.5 and 8.5, as determined by ASTM G51. F. Type I Drain Rock: Type I Drain Rock shall meet the following requirements: 1. Material shall meet the requirements of STANDARD SPECIFICATIONS, Section , for Class II Permeable Material. 2. Material shall be clean and durable natural gravel or crushed stone. 3. Material shall not slake or decompose with alternate wetting and drying. G. Controlled Density Fill (CDF): Controlled Density Fill (CDF) shall meet the following requirements: 1. Material shall be composed of a cementitious material, water, fine and coarse aggregate, and an admixture. References to ASTM testing requirements and submittal requirements for aggregate, cement, and admixtures may by found in Section 03300, CAST-IN-PLACE CONCRETE. a. The cementitious material shall be portland cement in combination with fly ash. b. The admixture shall be an air-entraining agent. 2. The unconfined twenty-eight (28) day compressive strength shall be a minimum of 50 psi and a maximum of 150 psi. 3. The wet density of the CDF shall not be greater than one-hundred thirty two (132) pounds per cubic foot. H. Embankment Materials 1. Imported borrow, material from off-site borrow areas shall meet the requirements of Type II Backfill. 2. Select material, excavated and re-used material, from site, shall meet the following requirements: a. Material shall conform to the following grading requirements: Sieve Size Percentage Passing 3-inch inch No b. Free of lumps larger than 3-inches, rocks larger than 2-inches, and debris. Topsoil not permitted. c. Resistance R-Value: Material shall have a minimum Resistance R-Value of five (5), as determined by ASTM D2844. d. Resistivity: Material shall have a minimum Resitivity of 800 ohmcm, as determined by ASTM G51. e. ph: Material shall have a ph between 5.5 to 8.5, as determined by ASTM G Std. Date: January 26, 2006 Print Date: 6/1/2016 FY17 Asphalt Replacement Services

190 I. Topsoil Materials 1. Topsoil shall consist of excavated or re-used material, or a combination of both, and shall meet the following requirements: a. Material shall be capable of sustaining healthy plant life, fertile, friable soil, loamy character, containing some organic matter. b. Select material is not permitted for use as topsoil. c. Material shall be graded, free of refuse, roots, stiff clay, stones larger than 1-inch, subsoil, debris, large weeds, and deleterious substances. J. Non-Structural Backfill Materials 1. Imported material shall meet the following requirements: a. Material shall be free of roots, debris, large weeds, and foreign matter. b. Sand Equivalent: Material shall have a minimum sand equivalent value of fifteen (15), as determined by ASTM D2419. c. Material shall conform to the following grading requirements: Sieve Size Percentage Passing 3-inch 100 No No d. Resistance R-Value: Material shall have a minimum resistence R-value of 5, as determined by ASTM D2844. e. Resistivity: Material shall have a minimum Resistivity of 3,000 ohm-cm, as determined by ASTM G57. f. ph: Material shall have a ph between 5.5 and 2.5, as determined by ASTM G51. g. Chloride: Material shall have a maximum chloride concentration of 300 ppm. h. Sulfate: Material shall have a maximum sulfate concentration of 1,000 ppm. 3.0 EXECUTION 3.1 Stockpiling A. Stockpile materials at locations designated by the Construction Administrator. B. Separate differing materials with dividers, or stockpile apart to prevent mixing Std. Date: January 26, 2006 Print Date: 6/1/2016 FY17 Asphalt Replacement Services

191 C. Direct surface water away from stockpile site to prevent erosion or deterioration of materials. D. Stockpiled area must not direct runoff onto private property, roads, or storm drain systems. ***END OF SECTION*** Std. Date: January 26, 2006 Print Date: 6/1/2016 FY17 Asphalt Replacement Services

192 SECTION EXCAVATING, BACKFILLING, AND COMPACTING 1.0 GENERAL 1.1 Section Includes A. General Excavation. B. Trench Excavation. C. General Backfill and Compaction. D. Trench Backfill and Compaction. 1.2 Related Sections 1.3 References A. Section 02205, SOIL AND AGGREGATE MATERIALS. B. Section 02500, PAVING AND SURFACING. C. Section 03300, CAST-IN-PLACE CONCRETE. A. Standard Details: 1. City of Clayton May 1990, or latest edition. 2. City of Concord January 2007, or latest edition. 3. City of Martinez May 1990 and September 1991, or latest edition. 4. City of Walnut Creek August 2004 and February 2005, or latest edition. 5. Contra Costa County , or latest edition. 6. City of Pleasant Hill July and August 1999, or latest edition. 7. Contact individual agencies for additional information. B. ASTM D1556 Test Method for Density and Unit Weight of Soil in Place by the Sand Cone Method. C. ASTM D1557 Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort. D. ASTM D2922 Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods. E. STANDARD SPECIFICATIONS and STANDARD PLANS California Department of Transportation (Caltrans), July F. Construction Safety Orders, California Code of Regulations, Title 8, Chapter 4 State of California Occupational Safety and Health Standards Board (CAL/OSHA), FY17 Asphalt Replacement Services Print Date: 6/1/2016

193 1.4 Submittals A. Submit the following to the Construction Administrator for review: 1.5 Quality Assurance 1.6 Dewatering 1. Excavation Permit: The Contractor shall submit a CAL/OSHA excavation permit prior to commencing with work. 2. Groundwater and Surface Water Handling Plan: The Contractor shall submit a groundwater and surface water-handling plan; detailing the methods of keeping the excavation free of water. A. Perform work in accordance with all referenced codes, specifications, and standards, except as modified herein. B. Verify that survey, benchmark, control point, and intended elevations for the work are as shown on the Drawings. A. The Contractor shall, at all times during construction, provide and maintain proper equipment and facilities to remove promptly and dispose of properly all water entering excavations and keep such excavations dry so as to obtain a satisfactory undisturbed subgrade foundation condition until the structure or pipes to be built thereon have been completed to such extent that they will not be floated or otherwise damaged by allowing water levels to return to natural elevations. B. The Contractor shall furnish all materials and equipment and perform all work required to install and maintain the drainage systems it proposes for handling groundwater and surface water encountered during construction of structures and pipelines. 2.0 PRODUCTS 2.1 Backfill Materials A. General: No material shall be used for backfill which, because of excessive moisture or any other reason, cannot be compacted to the degree specified. Any such material shall be considered unsuitable, and if it is placed, it shall be removed and replaced with suitable material. B. Type I Backfill: Type I Backfill shall be as specified in Section 02205, SOIL AND AGGREGATE MATERIALS. C. Type II Backfill: Type II Backfill shall be as specified in Section 02205, SOIL AND AGGREGATE MATERIALS. D. Type III Backfill: Type III Backfill shall be as specified in Section 02205, SOIL AND AGGREGATE MATERIALS. E. Type IV Backfill: Type IV Backfill shall be as specified in Section 02205, SOIL AND AGGREGATE MATERIALS. F. Type I Drain Rock: Type I Drain Rock shall be as specified in Section 02205, SOIL AND AGGREGATE MATERIALS. G. Controlled Density Fill (CDF): Controlled Density Fill (CDF) shall be as specified in Section 02205, SOIL AND AGGREGATE MATERIALS FY17 Asphalt Replacement Services Print Date: 6/1/2016

194 3.0 EXECUTION 3.1 Preparation A. Identify required lines, levels, contours, and datum locations. B. Protect plant life, lawns, and other features remaining as a portion of the final landscaping. C. Protect benchmarks, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. Any modification or relocation of such items shall be made at the Contractor s expense. D. Prior to excavation, the Contractor shall notify the appropriate regional center of all excavations, as required under Government Code Section(s) The Contractor shall contact Underground Service Alert at for the location of subsurface installations. It shall be the responsibility of the Contractor to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners, and which the Construction Administrator believes may affect or be affected by the Contractor s operations. E. Locations of known underground utilities and structures are shown on the drawings as they are supposed to exist. Appurtenances and service laterals are not usually shown. Locations shown may be based on information furnished by the utility owners at the time of design, derived from visible surface facilities, or based on subsurface exploration. F. The Contractor shall notify the District, County, City, and other agencies having jurisdiction, and any other parties directly or indirectly affected by the project, forty-eight (48) hours in advance of the intention to commence excavation. G. The Contractor shall identify a suitable location to store excavated materials that will minimize the obstruction of traffic. 3.2 General Excavation A. General: 1. All lines and grades shall be established by the Contractor, in accordance with the Project Drawings and Specifications. The Contractor shall submit verification record of all such survey work to the Construction Administrator, as may be required. The Contractor shall carefully preserve all survey stakes and reference points. Should any stakes or points be removed or destroyed during the installation, they shall be reset by the Contractor at the Contractor s expense. 2. Remove all materials encountered that may interfere with the completion of the work. 3. Blasting will not be permitted. 4. Excavation shall be kept dry throughout construction operations. 5. Sawcut existing concrete or asphalt concrete pavement, as outlined in Section 02500, PAVING AND SURFACING. Use proper tools and equipment to break pavement to the correct lines. 6. Excavated surfaces shall be properly graded to provide good drainage FY17 Asphalt Replacement Services Print Date: 6/1/2016

195 B. Stripping: 1. Topsoil and other materials unsuitable for use in the work shall be removed from excavation and fill areas, as required to expose satisfactory material or foundation. 2. Topsoil and other unsuitable materials shall be offhauled and disposed of legally off the project site. C. Excavation: 1. Excavate to the required lines and grades, as shown on the Drawings. 2. Material below the foundation grade shall not be disturbed, except where so indicated on the Drawings or by the Construction Administrator. The foundation grade for concrete placement shall not be more than 1/2 inch above the specified grade at any point, and the average elevation over any selected area, ten (10) square feet in dimension, shall be at or below the established grade. 3. Where the material at the bottom of the excavation is of soft or unstable material, has been saturated and degraded, or is otherwise considered unsuitable for the support of structures, the Contractor shall overexcavate to an additional depth, as required by the Construction Administrator, backfill with Type I Backfill Material, and compact in accordance with the requirements of these specifications. 4. Excavation shall include the removal of all soil, rock, pavement, tree stumps and other vegetation or vegetable matter, waste or debris, abandoned pipelines and other structures shown on the Drawings, ground water and materials of any nature which interfere with the construction work. D. Bracing Excavations: 1. Excavations shall be braced and supported such that ground adjacent to the excavation will not settle or slide, and so that all surfaces or subsurface improvements, both public and private, will be fully protected from damage. 2. If any damage does result to such improvements, the Contractor shall perform the necessary repairs or reconstruction at their own expense, and to the satisfaction of the owner of the damaged improvement as directed by the Construction Administrator. E. Safety: The Contractor shall make sufficient excavation to construct all the work contained in the contract documents and shall abide by the requirements of the State of California Occupational Safety and Health Standards Board (CAL/OSHA) Construction Safety Orders and General Industrial Safety Orders. F. Disposal of Unsuitable Material: 1. All excavated material not utilized in the construction shall become the property of the Contractor and be removed and disposed of legally off the project site. 2. No excavated materials shall be removed from the site of the work or disposed of by the Contractor, except as approved by the Construction Administrator. Materials shall be neatly piled until used or otherwise FY17 Asphalt Replacement Services Print Date: 6/1/2016

196 3.3 Trench Excavation A. General: disposed of as directed. Material shall be stored in an area of sufficient distance from excavations so as not to create a surcharged soil loading adjacent to the excavation. 1. The Contractor shall lay out the work in advance of beginning construction. The Contractor is responsible for constructing the work to the lines and grades shown in the contract documents. All trenches shall be excavated to a flat, undisturbed bottom, and shall be cut true and even to the established grade. 2. The Contractor shall excavate five lengths of pipe in advance of pipe laying and expose all facilities that cross or infringe on the trench prism and determine the depth and character of the obstruction. The Contractor shall immediately notify the Construction Administrator of any facilities found to differ from those facilities shown on the Drawings. B. Trench Width: 1. Maximum: The maximum trench width shall be two (2) feet greater than the outside diameter of the pipe. The trench may be excavated three (3) feet greater than the outside diameter of the joints of welded steel pipe. 2. Minimum: The minimum trench width shall be as follows: NOMINAL PIPE DIAMETER Service Lines MINIMUM TRENCH WIDTH One foot, or as required by the governing agency. 6" and less 18 inches 8" to 12" 24 inches Greater than 12" One foot greater than the outside diameter of the pipe. C. Trench Depth: Minimum trench depth, unless otherwise specified, shall be sufficient to provide cover as follows: 1. In Permanently Unpaved Areas: Three (3) feet, eight (8) inches of cover from top of pipe to finished grade. 2. In Existing Paved Area: Three (3) feet, eight (8) inches from top of pipe to top of pavement. 3. In Areas to be Paved: Three (3) feet from top of pipe to subgrade, but in no case less than three (3) feet, eight (8) inches from top of pipe to finished grade. D. Maximum Length of Open Trench: Unless otherwise specified or directed by the Construction Administrator, the maximum length of open trench shall be 200 feet, or the distance necessary to accommodate the amount of pipe installed in a single day, whichever is greater. No trench in public areas shall be left open during periods when the Contractor is not at the site of work. Trenches in these areas shall either be backfilled and temporarily paved, where applicable, or FY17 Asphalt Replacement Services Print Date: 6/1/2016

197 covered with steel trench plates. Steel trench plating shall be left in place no longer than seven (7) days. Temporary paving shall be left in place no longer than thirty (30) days. E. Unsuitable Material on Bottom of Trench 1. Rock Material: Where, in the opinion of the Construction Administrator, the bottom of the excavation will not afford the pipe a firm and uniform bearing surface because of rock, hard pan, shale or any other similar material which cannot be readily excavated, the Contractor shall excavate a minimum of six (6) inches below the proposed grade of the bottom of the pipe, refill the trench with Type I Backfill material, compact the material in accordance with the requirements of this section, and reshape the trench bottom to the required section and grade. 2. Soft Soils: Where the material at the bottom of the excavation is of soft or unstable material, has been saturated and degraded by pipeline leaks, or is otherwise considered unsuitable for the support of the pipe, the Contractor shall overexcavate to an additional depth as required by the Construction Administrator, backfill with Type I Backfill material, compact the material in accordance with the requirements of this section, and reshape the trench bottom to the required grade and section to afford the pipe a firm and uniform bearing surface. 3. Thrust Blocks: If, in the opinion of the Construction Administrator, the material, in its undisturbed natural condition, at or below the normal grade of the excavation as indicated on the Drawings is unsuitable for thrust blocks, it shall be removed to such depth and width as required by the Construction Administrator, and shall be replaced with Type I Backfill material, compacted to the requirements of this section. F. Water, Rock and Other Ground Conditions: Trench excavation shall include the removal of all soil, rock, pavement, tree stumps and other vegetation or vegetable matter, waste or debris, abandoned pipelines and other structures shown on the Drawings, ground water and materials of any nature which interfere with the construction work. The excavation shall be hand trimmed as necessary to remove loose matter. G. Bracing Excavations: 1. Excavations shall be braced and supported such that ground adjacent to the excavation will not settle or slide, and so that all surfaces or subsurface improvements, both public and private, will be fully protected from damage. No bracing or sheeting shall remain in the trench after backfilling. 2. If any damage does result to such improvements, the Contractor shall perform the necessary repairs or reconstruction at their own expense, and to the satisfaction of the owner of the damaged improvement as directed by the Construction Administrator. H. Safety: The Contractor shall make sufficient excavation to construct all the work contained in the contract documents and shall abide by the requirements of the State of California Department of Industrial Relations Construction Safety Orders and General Industrial Safety Orders. I. Access: Where existing driveways occur on the street, the Contractor shall make provisions for the trench crossing at these points, either by means of backfill or by FY17 Asphalt Replacement Services Print Date: 6/1/2016

198 temporary bridges. All excavated material shall be piled in a manner that will not obstruct sidewalks, driveways, or pedestrian crossings. All work shall be performed to the requirements and satisfaction of the Construction Administrator and the City or County having jurisdiction. J. Disposal of Unsuitable Material: 1. All excavated material not utilized in the construction shall become the property of the Contractor and be removed and disposed of off the project site. 2. No excavated materials shall be removed from the site of the work or disposed of by the Contractor except as approved by the Construction Administrator. Materials shall be neatly piled until used or otherwise disposed of as directed. Material shall be stored in an area of sufficient distance from excavations so as not to create a surcharged soil loading adjacent to the excavation. K. Tolerances: The elevation of the bottom of any completed excavation shall not vary more than 1/2 inch from the elevation indicated in these Plans and Specifications. 3.4 General Backfill and Compaction A. General: 1. Remove all loose material, wood, and debris from the trench prior to backfilling. 2. Backfill to level of original ground surface, to underside of pavement base course, or as shown on the Drawings. Backfill for concrete structures shall not be placed until the concrete has attained at least ninety percent (90%) of design strength. 3. Remove sheeting, shoring, and bracing using methods that minimize caving. Metal sheeting, shoring, and bracing may be left in place on approval by the Construction Administrator. 4. Backfill and compaction requirements specified in this section do not apply to CDF. The requirements and allowable use of CDF shall be as determined by the Construction Administrator. B. Structure Backfill: C. Fill: 1. When material beneath the foundation grade for structures is required to be excavated, the excavation shall be backfilled with material shown on the drawings, or as directed by the Construction Administrator. Material shall be placed and spread in successive, approximately horizontal lifts not exceeding eight (8) inches in loose thickness. 2. The sides of structures shall be backfilled as shown on the Drawings. Material shall be placed and spread in successive, approximately horizontal lifts not exceeding eight (8) inches in loose thickness. 1. Fills shall be constructed from Type II Backfill Material, unless otherwise shown on the Drawings or directed by the Construction Administrator FY17 Asphalt Replacement Services Print Date: 6/1/2016

199 2. All topsoil shall be stripped, and the foundation prepared for constructing the fill. 3. Exposed surfaces shall be scarified to a depth of at least six (6) inches (unless the surface is rock), and compacted at a moisture content that will permit proper compaction as outlined in these specifications. 4. Prior to placing fill material, obtain the Construction Administrator s approval of the site preparation in the area to be filled. 5. Place and spread the material in successive, approximately horizontal layers, not exceeding eight (8) inches in loose thickness. 6. Earth slopes shall be keyed into as the work is brought up. 7. Portions of the fill surface shall be moistened, scarified, or plowed, as directed by the Construction Administrator, to a depth of at least six (6) inches, and recompacted when necessary to produce a uniform, stable fill. D. Compaction: 1. Structure Fill or Backfill: a. Sides of Structures: Compact each lift to not less than ninety percent (90%) relative compaction, in accordance with ASTM D1557. b. Structure Foundation: Compact each lift to not less than ninetyfive percent (95%) relative compaction, in accordance with ASTM D Fill: Compact each lift to not less than ninety percent (90%) relative compaction, in accordance with ASTM D1557. Compact upper six (6) inches of road subgrade to not less than ninety-five percent (95%) relative compaction, in accordance with ASTM D Type I Drain Rock: Compact each lift with a minimum of two complete coverages of a vibrating roller or plate-type of equipment. 4. At the time of compaction, the moisture content of the fill and backfill material shall be such that the required relative compaction will be obtained. Condition material which contains insufficient moisture or excess moisture until the moisture content is such that the relative compaction will be obtained. 5. Compaction Equipment shall be standard type capable of producing the specified relative compaction with the specified fill and backfill materials. 6. Hand-operated tampers shall be used only in areas which are inaccessible to self-propelled or towed mechanical compacting equipment, or where damage to existing facilities by the use of selfpropelled or towed compacting equipment is probable. 7. If the compacted fill material fails to pass the compaction test requirements of these specifications, no additional material shall be placed until the unsatisfactory fill has been reworked or replaced and satisfactory compaction test results are obtained FY17 Asphalt Replacement Services Print Date: 6/1/2016

200 8. Tolerances: The elevation of the top layer of any one compacted fill material shall not vary more than 1/2 inch from the elevation indicated on the Drawings. 3.5 Trench Backfill and Compaction A. General: 1. Remove all loose material, wood, and debris from the trench prior to backfilling. 2. Backfill pipeline trenches to the level of the original ground surface or underside of the pavement base course. 3. All backfill material shall be placed in the trench to the full width as excavated. Backfill material shall not be dropped directly upon the pipe. 4. Backfill shall begin simultaneously and uniformly on both sides of the pipe immediately after the section of pipe has been joined. Sufficient material shall be hand-shoveled to securely anchor the pipe so that no movement will occur when the next section of pipe is being placed or when additional material is placed. 5. Low points along the pipe trench shall not be backfilled until all backfill at adjacent higher elevations has been completed. Water collecting at the low points along the trench from jetting operations or other causes shall be removed by pumping or other approved means in order to avoid softening of adjacent natural ground. An adequate number of sump pumps at proper spacing shall be supplied to prevent the accumulation of excess water in the trench. 6. Backfill shall be completed within the shortest possible time so that the construction area or street can be opened to traffic. If for any reason construction of the pipeline or appurtenances thereto is delayed, the Construction Administrator may require that the trench be backfilled, and such areas or streets opened to traffic. 7. A dense, well-compacted backfill shall be placed around the pipeline. The Contractor shall produce such a backfill under all circumstances. The Contractor will be held responsible for all displacement or instability of the pipeline, settlement of the backfill or adjacent ground, or all damage to the pipe coating caused by improper installation of backfill materials. 8. Backfill and compaction requirements specified in this section do not apply to CDF. The requirements and allowable use of CDF shall be as determined by the Construction Administrator. B. Pipe Bedding and Compaction: 1. Install Type I Backfill as shown on the Drawings and respective Standard Detail. 2. Bedding support under pipe: Bring to a uniform grade to provide continuous support for the pipe sections as they are laid in final position. Maximum lift, as it is placed before compaction, shall be eight (8) inches FY17 Asphalt Replacement Services Print Date: 6/1/2016

201 3. Pipe bedding above grade line: a. Bring up pipe bedding simultaneously on both sides of pipe. Maximum lift, as it is placed before compaction, shall be eight (8) inches. b. Pipe bedding material above grade line shall extend to a minimum of twelve (12) inches above the crown of the pipe. 4. Compaction: a. Compact by means of impact, vibration, or a combination of these methods. Care shall be taken to ensure no damage to the pipe or pipe coatings during compaction procedures. b. Pipe bedding material shall be compacted to a minimum ninety percent (90%) relative compaction, in accordance with ASTM D1557, unless more stringent requirements are outlined by the local governing agency. c. Compaction by hydraulic jetting will not be permitted. C. Backfill and Compaction Above Pipe Bedding: 1. Install Type I Backfill material where excavation is in a paved public or private road. 2. Install Type II Backfill material at other locations, unless otherwise directed by the Construction Administrator. Type I Backfill material may be used in place of Type II Backfill material at the Contractor s option. 3. Maximum Lift: Maximum lift, as it is placed before compaction, shall be eight (8) inches. 4. Compaction: a. Compact by means of impact, vibration, or a combination of these methods. Compaction methods and equipment are subject to approval by the Construction Administrator. b. Only hand-operated motor driven mechanical compacting equipment shall be used over pipelines until the backfill has been compacted to twenty-four (24) inches over the crown of the pipe. c. Paved public or private roads: 1) Compact Type I Backfill material that is more than three (3) feet below the existing surface to at least ninety percent (90%) relative compaction, in accordance with ASTM D1557, unless more stringent requirements are outlined by the local governing agency. 2) Compact Type I Backfill material that is in the upper three (3) feet of the excavation to at least ninety-five (95%) relative compaction, in accordance with ASTM D1557, unless more stringent requirements are outlined by the local governing agency. d. Minimum Requirements: Compact all backfill material to a minimum of ninety percent (90%) relative compaction, in FY17 Asphalt Replacement Services Print Date: 6/1/2016

202 accordance with ASTM D1557, if no compaction requirements are specified. e. Moisture Content: When the moisture content of the fill material is below that specified, water shall be added until the moisture content is as specified to obtain the required compaction values. When the moisture content of the fill material is above that specified, the fill material shall be aerated by blading or other satisfactory method until the moisture content is as specified. f. Compaction by hydraulic jetting will not be permitted. D. Tolerances: The elevation of the top layer of any one compacted fill material shall not vary more than 1/2 inch from the elevation indicated on the Drawings. 3.6 Existing Landscaping 3.7 Testing A. Protection of Trees, Shrubs and Hedges: 1. When it is necessary to excavate adjacent to existing trees, shrubs, or hedges, the Contractor shall use all possible care to avoid injury to the trees, shrubs, or hedges and their roots. Excavation to be done in areas where roots are two inches in diameter and larger shall be done by hand. No roots or limbs two inches or larger in diameter shall be cut without the express approval of the Construction Administrator. All roots two inches in diameter and larger left in place shall be wrapped with burlap to prevent scarring or excessive drying. 2. Whenever a trenching machine is used close to plants having roots smaller than two inches in diameter, the trench wall adjacent to the tree or plant shall be hand trimmed and roots cleanly cut. All cuts through 1/2 inch roots or larger shall be properly painted with an emulsified asphalt type tree seal. Trenches adjacent to trees shall be closed within twentyfour (24) hours and where this is not practicable, the trench wall adjacent to the tree shall be kept shaded with moistened burlap or canvas. 3. When it is necessary to cut limbs and branches of trees to provide clearance for equipment used in construction, the Contractor shall repair the damaged areas by properly painting with an emulsified asphalt type tree seal. In no case shall any limbs be cut or trees removed without first obtaining approval from the Construction Administrator and the tree owner. B. Restoration: The Contractor shall restore all existing landscaped improvements, which are removed or damaged during its work, to a condition equal to or better than their original condition. Stored topsoil shall be used in restoring existing landscaping. The Contractor shall properly water and maintain restored landscaping for a period of at least thirty (30) days after acceptance of the work, unless otherwise directed by the Construction Administrator. A. General: As part of the inspection program, the Construction Administrator or designee will take samples and perform moisture content, gradation, compaction, and density tests during placement of backfill materials to check compliance with these Specifications. The Contractor shall remove surface material at locations designated by the Construction Administrator and provide such assistance as necessary for sampling and testing by the Construction Administrator FY17 Asphalt Replacement Services Print Date: 6/1/2016

203 B. Standards: Unless otherwise specified, the most recent standard of the following test methods shall be used: 3.8 Unusual Conditions TEST DESCRIPTION ASTM TEST METHOD NUMBER Maximum Density and Optimum Moisture Content D-1557 Relative Compaction D-1556 or D-2922 A. In the event that any unusual conditions not covered by the special provisions are encountered during grading operations, the Construction Administrator shall be immediately notified in accordance with the General Requirements. ***END OF SECTION*** FY17 Asphalt Replacement Services Print Date: 6/1/2016

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236 APPENDIX B CCWD CONTRACTOR SAFE PRACTICES HANDBOOK

237 CONTRA COSTA WATER DISTRICT CONTRACTOR/CONSULTANT SAFE PRACTICES HANDBOOK 2016