Notice Inviting Bids - Moss Landing Web view1. Bid Acceptance. The Moss Landing Harbor District (“Owner”) will accept sealed bids for its North Harbor and South Harbor Shore Protection

MOSS LANDING HARBOR DISTRICT7881 Sandholdt Road

Moss Landing, California 95039

CONTRACT DOCUMENTSFOR

NORTH HARBOR AND SOUTH HARBOR SHORE PROTECTION REPAIR PROJECTS

at Moss Landing, California

Date: August 31, 2016

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TABLE OF CONTENTS

Notice Inviting Bids...................................................................................................................... 1

Instructions to Bidders................................................................................................................. 3

Bid Proposal.................................................................................................................................. 8

Bid Schedule............................................................................................................................... 10

Subcontractor List...................................................................................................................... 12

Noncollusion Declaration...........................................................................................................13

Bid Bond...................................................................................................................................... 14

Bidder’s Questionnaire..............................................................................................................16

Contract....................................................................................................................................... 18

Payment Bond............................................................................................................................. 22

Performance Bond......................................................................................................................24

Warranty Bond............................................................................................................................ 26

General Conditions..................................................................................................................... 28

Article 1 - Definitions.................................................................................................................. 28

Article 2 - Roles and Responsibilities.......................................................................................302.1 Owner........................................................................................................................... 302.2 Contractor..................................................................................................................... 302.3 Subcontractors..............................................................................................................322.4 Coordination of Work....................................................................................................332.5 Submittals..................................................................................................................... 332.6 Shop Drawings.............................................................................................................34

Article 3 - Contract Documents.................................................................................................343.1 Interpretation of Contract Documents...........................................................................343.2 Order of Precedence....................................................................................................353.3 Caltrans Standard Specifications..................................................................................353.4 For Reference Only......................................................................................................363.5 Plans and Specifications...............................................................................................363.6 Current Versions...........................................................................................................36

3.7 Conformed Copies........................................................................................................43

Article 4 - Bonds, Indemnity, and Insurance............................................................................364.1 Payment and Performance Bonds................................................................................364.2 Indemnity......................................................................................................................374.3 Insurance..................................................................................................................... 374.4 Warranty Bond..............................................................................................................38

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Article 5 - Contract Time............................................................................................................395.1 Time is of the Essence.................................................................................................395.2 Schedule Requirements...............................................................................................395.3 Delay and Extensions of Contract Time........................................................................415.4 Liquidated Damages.....................................................................................................43

Article 6 - Contract Modification................................................................................................436.1 Contract Modification and Changes in Work.................................................................436.2 Contractor Change Order Requests.............................................................................446.3 Adjustments to Contract Price......................................................................................456.4 Unilateral Change Order...............................................................................................456.5 Non-Compliance Deemed Waiver................................................................................46

Article 7 - General Construction Provisions.............................................................................467.1 Permits and Taxes........................................................................................................467.2 Temporary Facilities.....................................................................................................467.3 Noninterference and Additional Work Areas.................................................................467.4 Signs............................................................................................................................. 477.5 Worksite and Nearby Property Protections..................................................................477.6 Materials and Equipment..............................................................................................487.7 Substitutions.................................................................................................................497.8 Testing and Inspection..................................................................................................497.9 Worksite Maintenance and Operation...........................................................................507.10 Instructions and Manuals..............................................................................................527.11 As-built Drawings..........................................................................................................527.12 Existing Utilities.............................................................................................................527.13 Notice of Excavation.....................................................................................................527.14 Trenching and Excavations of Four Feet or More.........................................................537.15 Trenching of Five Feet or More.....................................................................................537.16 New Utility Connections................................................................................................537.17 Lines and Grades.........................................................................................................537.18 Historic or Archeological Items.....................................................................................547.19 Environmental Control..................................................................................................547.20 Noise Control................................................................................................................54

Article 8 - Payment...................................................................................................................... 548.1 Schedule of Values.......................................................................................................548.2 Progress Payments......................................................................................................558.3 Adjustment of Payment Application..............................................................................558.4 Acceptance of Work......................................................................................................568.5 Retention...................................................................................................................... 568.6 Setoff............................................................................................................................ 568.7 Payment to Subcontractors and Suppliers....................................................................568.8 Final Payment...............................................................................................................578.9 Release of Claims.........................................................................................................578.10 Warranty of Title...........................................................................................................57

Article 9 - Labor Provisions.......................................................................................................579.1 Discrimination Prohibited..............................................................................................579.2 Labor Code Requirements............................................................................................579.3 Prevailing Wages..........................................................................................................589.4 Payroll Records............................................................................................................589.5 Labor Compliance.........................................................................................................59

Article 10 - Safety Provisions....................................................................................................59

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10.1 Safety Precautions and Programs................................................................................5910.2 Hazardous Materials.....................................................................................................5910.3 Material Safety..............................................................................................................6010.4 Hazardous Condition....................................................................................................60

Article 11 - Completion and Warranty Provisions....................................................................6011.1 Final Completion...........................................................................................................6011.2 Warranty.......................................................................................................................6111.3 Use Prior to Final Completion.......................................................................................6211.4 Substantial Completion.................................................................................................62

Article 12 - Dispute Resolution..................................................................................................6212.1 Claims........................................................................................................................... 6212.2 Claims Submission.......................................................................................................6312.3 Claims Under $50,000..................................................................................................6412.4 Claims From $50,000 to $375,000................................................................................6412.5 Claims Over $375,000..................................................................................................6512.6 Meet and Confer...........................................................................................................6512.7 Mediation and Government Code Claims.....................................................................6612.8 Tort Claims................................................................................................................... 6612.9 Arbitration.....................................................................................................................6612.10 Damages...................................................................................................................... 6612.11 Multiple Claims.............................................................................................................6712.12 Other Disputes..............................................................................................................67

Article 13 - Suspension and Termination.................................................................................6713.1 Suspension for Cause..................................................................................................6713.2 Suspension for Convenience........................................................................................6713.3 Termination for Default.................................................................................................6713.4 Termination for Convenience........................................................................................6813.5 Effect of Any Contract Termination...............................................................................69

Article 14 - Miscellaneous Provisions.......................................................................................6914.1 Assignment of Unfair Business Practice Claims...........................................................6914.2 Provisions Deemed Inserted.........................................................................................6914.3 Waiver.......................................................................................................................... 6914.4 Titles, Headings, and Groupings...................................................................................6914.5 Statutory and Regulatory References...........................................................................69

Special Conditions...................................................................................................................... 70

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Notice Inviting Bids

1. Bid Acceptance. The Moss Landing Harbor District (“Owner”) will accept sealed bids for its North Harbor and South Harbor Shore Protection Repair Project (“Project”), by or before September 27, 2016, at 2 p.m., at Moss Landing Harbor District, Attn: Linda G. McIntyre, General Manager, 7881 Sandholdt Road, Moss Landing, California 95039, at which time the bids will be publicly opened and read aloud.

2. Project Information.

2.1 Location and Description. The Project is located at the Moss Landing North Harbor and Moss Landing South Harbor, and is described as follows:

The Project involves the removal, re-grading, and reconstruction of shoreline revetment, and the following: placement of engineered fill, where needed, to achieve proper grade and slope; removal and disposal of existing concrete rubble and debris along the shoreline; sorting and stockpiling of rip-rap stone that meets the Project specifications for armor stone; re-installation of geotextile fabric; repair and re-installation of approximately 457 linear feet of rock rip-rap for shore protection; placement of sand fill at the toe of the North Harbor Site 1 revetment; and other miscellaneous requirements as specified in the Contract Documents.

2.2 Time for Completion. The planned timeframe for commencement and completion of construction of the Project is: 90 days from the start date specified in Owner’s issuance of Notice to Proceed.

3. License and Registration Requirements.

3.1 License. This Project requires a valid California contractor’s license for the following classification(s): Class A – General Engineering Contractor.

3.2 DIR Registration. Owner will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.

4. Contract Documents. The plans, specifications, bid and contract documents for the Project, and any addenda thereto (“Contract Documents”) may be downloaded from Owner’s website located at: http://www.mosslandingharbor.dst.ca.us .

5. Requests for Information. Questions regarding the Project, the bid procedures or any of the Contract Documents must be submitted by email to Sea Engineering Inc, Attn: Paul Roberts, PE at [email protected] and copied to [email protected] . Final questions to be submitted in writing no later than five (5) days prior to bid date. Responses shall be issued to all bidders no later than two (2) days prior to bid date.

5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to Owner, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that upon award of the bid, the bidder will execute the Contract and submit payment and performance bonds and insurance certificates as required by the Contract Documents within ten days after issuance of the notice of award.

North Harbor and South Harbor Shore Protection Repair ProjectNOTICE INVITING BIDS

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mailto:[email protected]


http://www.mosslandingharbor.dst.ca.us/

6. Prevailing Wage Requirements.

6.1 General. This Project is subject to the state and federal (Davis-Bacon) prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

6.2 Rates. The state prevailing rates are on file with the Owner and available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.

7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds for 100% of the Contract Price.

8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code section 22300.

9. Subcontractor List. Each bidder must submit the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the Base Bid) for each Subcontractor that will perform work or service or fabricate or install work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents.

10. Instructions to Bidders. Additional and more detailed information about the Project and Owner’s bidding requirements is provided in the Contract Documents. All bidders should carefully review the “Instructions to Bidders” before submitting a Bid Proposal.

Publication Dates: 8/31/2016, 9/7/2016

By: /s/ Linda G. McIntyre, General Manager/Harbor Master Date: august 31, 2016

END OF NOTICE INVITING BIDS

North Harbor and South Harbor Shore Protection Repair ProjectNOTICE INVITING BIDS

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http://www.dir.ca.gov/DLSR

Instructions to Bidders

Each Bid Proposal submitted to Moss Landing Harbor District (“Owner”) for its North Harbor and South Harbor Shore Protection Repair Project (“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

1.1 General. Each bid (“Bid Proposal”) must be signed, sealed and submitted to Owner, using the form provided in the Contract Documents, by or before the date and time set forth in the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. Owner reserves the right to postpone the date and time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from Owner. The bid price(s) must include all costs to perform the Work as specified, including all indirect costs such as applicable taxes, insurance and field offices.

1.2 Bid Envelope. The envelope containing the sealed Bid Proposal and all required forms and attachments must be clearly labeled and addressed as follows:

BID PROPOSAL:North Harbor and South Harbor Shore Protection Repair Project

Moss Landing Harbor DistrictAttn: Linda G. McIntyre, General Manager7881 Sandholdt RoadMoss Landing, CA 95039

The envelope must also be clearly labeled, as follows, with the bidder’s name, address, and its registration number with the California Department of Industrial Relations (“DIR”) for bidding on public works contracts (Labor Code sections 1725.5 and 1771.1):

[Contractor company name][street address][Owner, state, zip code]DIR Registration No: ______________

1.3 DIR Registration. Owner will not accept a Bid Proposal from, or enter into the Contract with, a bidder without proof that the bidder and its Subcontractors are registered with the DIR to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. If Owner is unable to confirm that the bidder’s DIR registration is current, Owner must disqualify the bidder and return its bid unopened. (Labor Code section 1725.5.)

2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed in ink using the Bid Proposal form included in the Contract Documents. The Bid Proposal form should be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with terms such as “negotiable,” “will negotiate,” or similar, will be considered non-responsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non-Collusion Declaration using the forms included in the Contract Documents.

North Harbor and South Harbor Shore Protection Repair ProjectINSTRUCTIONS TO BIDDERS

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3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporation Code section 313.

4. Bid Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check, certified check, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California, made payable to Owner. The bid security must guarantee that, upon award of the Contract, the bidder will: execute and submit the Contract on the form included in the Contract Documents; submit payment and performance bonds for 100% of the maximum Contract Price; and submit the insurance certificates and endorsements as required by the Contract Documents within ten days after issuance of the notice of award.

5. Pre-Bid Investigation

5.1 Contract Documents. Each bidder is solely responsible for diligent and thorough review of the Contract Documents (as defined in the General Conditions), examination of the Project site, and reasonable and prudent inquiry concerning known and potential site conditions prior to submitting a Bid Proposal. However, except for any areas that are open to the public at large, bidders may not enter Owner’s property or the Project site without prior written authorization from Owner. Bidders are responsible for reporting any errors or omissions in the Contract Documents to Owner prior to submitting a Bid Proposal, subject to the limitations of Public Contract Code section 1104. Owner expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by Owner.

5.2 Project Site. If applicable Soil and soil test data, water table elevations, and soil analyses for test holes may be available for inspection in the Owner’s main office or as otherwise specified in the Special Conditions. Any additional subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from Owner. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information in Owner’s possession that is necessary for bidder to form its own conclusions.

5.3 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of the affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the utility owners about their requirements before submitting a Bid Proposal.

6. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders, and may also submit a Bid Proposal as a prime contractor.


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7. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Sea Engineering Inc, Attn: Paul Roberts, PE at [email protected] and copied to [email protected] . Final questions to be submitted in writing no later than five (5) days prior to bid date. Bidders should submit such inquiries at least five working days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline.

8. Addenda. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code section 4104.5, Owner reserves the right to issue addenda prior to bid time. Each bidder is responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check Owner’s website periodically for any addenda or updates on the Project at: http://www.mosslandingharbor.dst.ca.us.

9. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within the time period(s) provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code section 3400(c).

10. Withdrawal of Bid Proposals. A Bid Proposal may not be withdrawn for a period of 90 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code section 5100 et seq.

11. Bid Protest. Any bid protest must be in writing and received by Owner at 7881 Sandholdt Road, Moss Landing, CA 95039 before 5:00 p.m. no later than two Working Days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

11.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by Owner, the protesting bidder must submit a non-refundable fee in the amount specified by Owner, based upon Owner’s reasonable costs to administer the bid protest. Any such fee must be submitted to Owner no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 11, a “Working Day” means a day that Owner is open for normal business, and excludes weekends and holidays observed by Owner.

11.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person representing the protesting bidder.

11.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

11.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by Owner before 5:00 p.m., within two Working Days after the


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Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

11.5 Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Response Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

11.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

11.7 Right to Award. Owner reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.

12. Reservation of Rights. Owner reserves the right, acting in its sole discretion, to waive immaterial bid irregularities, to accept or reject any and all bids, or to abandon the Project entirely. The Contract will be awarded, if at all, within 90 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any date given for planned commencement of the Project given in Section 2.2 of the Notice Inviting Bids is provided as informative of the Owner’s expectations at the time the Notice Inviting Bids was first issued. The Owner is not bound to issue a Notice to Proceed by or before such planned commencement date, and reserves the right to issue the Notice to Proceed when the Owner determines, in its sole discretion, the appropriate time for commencing the Work.

13. Bonds. The successful bidder is required to submit payment and performance bonds as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable.

14. Evidence of Responsibility. Within 24 hours following a request by Owner, a bidder must submit to Owner satisfactory evidence showing the bidder's financial resources, the bidder's experience in the type of work being required by Owner, the bidder's organization available for the performance of the Contract, and any other required evidence of the bidder's qualifications to perform the proposed Contract. Owner may consider such evidence before making its decision awarding the proposed Contract.

15. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder and Subcontractors must also obtain any business permit that may be required by the County of Monterey license within 7 days following Owner’s issuance of the notice of award.

16. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code sections 1777.1 or 1777.7 is prohibited from performing work on the Project.

17. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal.


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17.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount) as the product of the estimated quantity and the unit cost), unless the cumulative amount of correction changes the total amount of the base bid or bid alternate by more than five percent. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code section 5100 et seq.

17.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price.

18. Permits and Agency Letters. Prior to submitting a bid, each bidder is advised to review all requirements contained in Owner’s permits and agency consultation letters referenced in section 12 of the Special Conditions, and attached thereto.

END OF INSTRUCTIONS TO BIDDERS


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Bid Proposal

North Harbor and South Harbor Shore Protection Repair Project

______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to Moss Landing Harbor District (“Owner”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein.

1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, for the following price (“Base Bid”): $ _______________________________________________________.

2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder specifically acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received:#01 _____________ #05 _____________#02 _____________ #06 _____________#03 _____________ #07 _____________#04 _____________ #08 _____________

3. Bidder’s Warranties. By signing and submitting this Bid Proposal, Bidder warrants the following:

3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code section 1104.

3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location.

3.3 Bidder is Qualified. Bidder is fully qualified to perform the Work.

3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid.

4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the notice of award to Bidder, Bidder will do all of the following:

4.1 Execute Contract. Enter into the Contract with Owner in accordance with the terms of this Bid Proposal, by signing and submitting to Owner the Contract prepared by Owner using the form included with the Contract Documents;

4.2 Submit Required Bonds. Submit to Owner a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and

4.3 Insurance Requirements. Submit to Owner the insurance certificate(s) and endorsement(s) as required by the Contract Documents.

North Harbor and South Harbor Shore Protection Repair ProjectBID PROPOSAL

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5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one):

____ A cashier’s check or certified check payable to Owner and issued by _______________________________ [Bank name] in the amount of $____________________________.

____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to Owner and executed by a surety licensed to do business in the State of California.

This Bid Proposal is hereby submitted on _________________________, 20__.

s/ ___________________________________ ______________________________________Name and Title [print]

s/ ___________________________________ ______________________________________[See Section 3 of Instructions to Bidders] Name and Title [print]

_____________________________________ ______________________________________Company Name License #, Expiration Date, and Classification

_____________________________________ ______________________________________Address DIR Registration #

_____________________________________ ______________________________________Owner, State, Zip Phone

_____________________________________ ______________________________________Contact Name Contact Email

END OF BID PROPOSAL

North Harbor and South Harbor Shore Protection Repair ProjectBID PROPOSAL

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Bid Schedule

This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal Form.

LS = Lump Sum EA = Each LF = Linear Foot CY = Cubic Yard SY = Square YardSF = Square Feet LB = Pounds TON = Ton (2000 lbs) AL = Allowance

General Project ItemsBID

ITEM NO.

ITEM DESCRIPTION EST. QTY. UNIT UNIT

COST TOTAL

1 Mobilization and demobilization for shore protection repair 100% LS $ $

Item 1 subtotal:________________________

North Harbor Shore Protection Repair – Site 1BID

ITEM NO.


COST TOTAL

2Remove, sort and dispose of existing stone and debris; re-grade Project Site 100% LS

$ $

3 Geotextile fabric 704 SY $ $

4 Armor stone rip-rap (1/4 ton RSP class) 369 CY $ $

5 Sand fill 672 CY $ $

Items 2-5 subtotal:________________________

North Harbor Shore Protection Repair – Site 2BID

ITEM NO.


COSTEXTENDED TOTAL

AMOUNT


$ $


8 Armor stone rip-rap (1/4 ton RSP class) 301 CY $ $

Items 6-8 subtotal:________________________

North Harbor and South Harbor Shore Protection Repair ProjectBID SCHEDULE

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South Harbor Shore Protection Repair – Site 3BID

ITEM NO.


COST TOTAL


$ $


11 Armor stone rip-rap (No. 1 Backing) 214 CY $ $

Items 9-11 subtotal:________________________

TOTAL BASE BID: Items 1 through 11 inclusive: $ [Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form.]

BIDDER NAME:

END OF BID SCHEDULE

North Harbor and South Harbor Shore Protection Repair ProjectBID SCHEDULE

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Subcontractor List

For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price.

DESCRIPTIONOF WORK

SUBCONTRACTOR NAME

CALIFORNIA CONTRACTOR LICENSE NO.

LOCATION OF BUSINESS

DIR REG. NO. PERCENT OF

WORK

END OF SUBCONTRACTOR LIST

1 For street or highway construction this requirement applies to any subcontract of $10,000 or more.

North Harbor and South Harbor Shore Protection Repair ProjectSUBCONTRACTOR LIST

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Noncollusion Declaration

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________________ [title] of _____________________________________ [business name], 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.

This declaration is intended to comply with California Public Contract Code section 7106 and Title 23 U.S.C section 112.

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].

s/________________________________________

__________________________________________Name [print]

END OF NONCOLLUSION DECLARATION

North Harbor and South Harbor Shore Protection Repair ProjectNONCOLLUSION DECLARATION

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Bid Bond

________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to Moss Landing Harbor District (“Owner”) for work on the North Harbor and South Harbor Shore Protection Repair Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to Owner as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:

1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with Owner in accordance with the terms of the Bid.

2. Submittals. Within ten days following issuance of the notice of award to Bidder, Bidder must submit to Owner the following:

2.1 Contract. The executed Contract, using the form provided by Owner in the Project contract documents (“Contract Documents”);

2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents;

2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and

2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required under the Instructions for Bidders.

3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to Owner. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _______________________________________________________Address: ___________________________________________________Owner/State/Zip: _____________________________________________Phone: _____________________________________________________Fax: _______________________________________________________Email: _____________________________________________________

4. Duration; Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 90 days following award of the Contract or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code sections 2819 and 2845.

[Signatures are on the following page.]

North Harbor and South Harbor Shore Protection Repair ProjectBID BOND

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This Bid Bond is entered into and effective on ___________________, 20_____.

SURETY: _________________________________________________________ Business name

s/________________________________________________________________

_________________________________________________________________ Name/Title

(Attach Acknowledgement with Notary Seal, and Attorney-In-Fact Certificate)

BIDDER: __________________________________________________________ Business name

s/________________________________________________________________

_________________________________________________________________ Name/Title

END OF BID BOND

North Harbor and South Harbor Shore Protection Repair ProjectBID BOND

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Bidder’s Questionnaire

NORTH HARBOR AND SOUTH HARBOR SHORE PROTECTION REPAIR PROJECT

Within 48 hours following a request by Owner, a bidder must submit to Owner a completed, signed Bidder’s Questionnaire using this form and including all required attachments. Owner may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid.

Part 1: General Information

Bidder Business Name: _______________________________________________ (“Bidder”)

Check One: ___ Corporation___ Partnership___ Sole Proprietorship___ Joint Venture of:_______________________________________ Other:____________________________________________

Address: __________________________________________________________

_________________________________________________________________

Phone:____________________________________________________________

Owner of Company:_________________________________________________

Contact Person:____________________________________________________

Email:____________________________________________________________

Bidder’s California Contractor’s License Number(s):________________________

Part 2: Bidder Experience

1. How many years has Bidder been in business under its present business name? ____ years

2. Has Bidder completed projects similar in type and size to this Project as a general contractor? _____ Yes _____ No

3. Has Bidder ever been disqualified on grounds that it is not responsible? _____ Yes _____ No

If yes, provide additional information on a separate sheet of paper regarding the disqualification, including the name and address of the agency or owner of the subject project, the type and size of the project, the reasons that Bidder was disqualified as not responsible, and the month and year in which the disqualification occurred.

4. Has Bidder ever been terminated from a construction project, either as a general contractor or as a subcontractor?_____ Yes _____ No

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If yes, provide additional information on a separate sheet of paper regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred.

5. Provide information about Bidder’s past projects performed as general contractor as follows:

5.1 Six most recently completed public works projects within the last three years;

5.2 Three largest completed projects within the last three years; and

5.3 Any project which is similar to this Project.

6. Use separate sheets of paper to provide all of the following information for each project identified in response to the above three categories:

6.1 Project name6.2 Location6.3 Owner6.4 Owner contact (name and current phone number)6.5 Architect or engineer name6.6 Architect or engineer contact (name and current phone number)6.7 Project manager (name and current phone number)6.8 Description of project, scope of work performed6.9 Initial contract value (at time of bid award)6.10 Final cost of construction (including change orders)6.11 Original scheduled completion date6.12 Time extensions granted (number of days)6.13 Actual date of completion6.14 Number and amount of stop notices or mechanic’s liens filed6.15 Amount of liquidated damages assessed against Bidder6.16 Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder

and the owner.

Part 3: Verification

In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature: ______________________________ Date: ________________

By: _______________________________________________________________Name and Title

END OF BIDDER’S QUESTIONNAIRE

North Harbor and South Harbor Shore Protection Repair ProjectBIDDER’S QUESTIONNAIRE

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Contract

This public works contract (“Contract”) is entered into by and between Moss Landing Harbor District (“Owner”) and ______________________________________ (“Contractor”), for work on the North Harbor and South Harbor Shore Protection Repair Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project. On _____________, 20___, Owner authorized award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the following:

2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment, Performance and Warranty Bonds;2.7 General Conditions; 2.8 Special Conditions and attachments thereto; 2.9 Project Drawings and Specifications;2.10 Change Orders, if any;2.11 Notice of Award;2.12 Notice to Proceed; and2.13 The following permits:

United States Army Corps of EngineersCalifornia Coastal CommissionRegional Water Quality Control BoardMonterey County.

3. Contractor’s Obligations. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, Owner will pay Contractor $___________________ (the “Contract Price”), in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project within 90 days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Owner will assess liquidated damages in the amount of $1,000.00 per day for each day of

North Harbor and South Harbor Shore Protection Repair ProjectCONTRACT

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unexcused delay in completion, and such liquidated damages may be deducted from Owner’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to Davis-Bacon federal prevailing wage requirements and is all applicable requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. Owner will not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any Owner ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the manner in which it is performed. Contractor and its Subcontractors are not employees of Owner and are not entitled to participate in any health, retirement, or any other employee benefits from Owner.

11. Notice. Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:


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http://www.dir.ca.gov/DLSR

Owner:

Name: Linda G. McIntyre, General Manager7881 Sandholdt RoadMoss Landing, CA 95039(831) [email protected]

Contractor:

Name:_____________________________________Address:___________________________________Owner/State/Zip:_______________________________Phone:_____________________________________Attn:_______________________________________Email:______________________________________Copy to:____________________________________

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without Owner’s written consent. This Contract is binding on Contractor’s successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Monterey County, and no other place.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between Owner and Contractor. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect.

12.6 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.



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The parties agree to this Contract as witnessed by the signatures below:

OWNER: Approved as to form:

s/_______________________________ s/__________________________________

________________________________ ___________________________________Name/Title Name/Title

Date: ___________________________ Date: ______________________________

CONTRACTOR: ___________________________________________________ Business Name

s/_______________________________ Seal:

_________________________________Name/Title

Date: ____________________________

s/_______________________________

_________________________________Name/Title

Date: ____________________________

___________________________________________________Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT


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Payment Bond

Moss Landing Harbor District (“Owner”) and ________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the North Harbor and South Harbor Shore Protection Repair Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to Owner as obligee in an amount not less than $_________________, under California Civil Code sections 9550, et seq.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. Owner waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:


6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Monterey County in which the Project is located, and no other place. Surety will be responsible for Owner’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

North Harbor and South Harbor Shore Protection Repair ProjectPAYMENT BOND

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7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.

SURETY: _________________________________________________________________ Business Name

s/ ________________________________________________

__________________________________________________Name/Title

(Attach Acknowledgment with Notary Seal and Power of Attorney)

CONTRACTOR: ____________________________________________________________ Business Name

s/ _______________________________________________

_________________________________________________Name/Title

s/ _______________________________________________

_________________________________________________Name/Title

APPROVED BY OWNER:

s/ _______________________________________________

_________________________________________________Name/Title

END OF PAYMENT BOND

North Harbor and South Harbor Shore Protection Repair ProjectPAYMENT BOND

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Performance Bond

Moss Landing Harbor District (“Owner”) and __________________________ (“Contractor”) have entered into a contract, dated _________________, 20____ (“Contract”) for work on the North Harbor and South Harbor Shore Protection Repair Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to Owner as obligee for an amount not less than $__________________. By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond.

2. Surety’s Obligations; Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void upon recordation of the notice of completion, provided Contractor has timely provided a warranty bond as required under the Contract. Otherwise Surety’s obligations will remain in full force and effect until expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845.

3. Application of Contract Balance. Upon making a demand on this Bond, Owner will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by Owner to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which Owner is entitled under the terms of the Contract.

4. Contractor Default. Upon written notification from Owner that Contractor is in default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:

4.1 Arrange for completion of the Work under the Contract by Contractor, with Owner’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to Owner, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or

4.3 Waive its right to complete the Work under the Contract and reimburse Owner the amount of Owner’s costs to have the remaining Work completed.

5. Surety Default. If Surety defaults on its obligations under the Bond, Owner will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

6. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

North Harbor and South Harbor Shore Protection Repair ProjectPERFORMANCE BOND

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7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Monterey County in which the Project is located, and no other place. Surety will be responsible for Owner’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

8. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.

SURETY:__________________________________________________________ Business Name

s/________________________________________________________________

_________________________________________________________________Name/Title [print]


CONTRACTOR:____________________________________________________ Business Name

s/________________________________________________________________

_________________________________________________________________Name/Title

s/________________________________________________________________

_________________________________________________________________Name/Title

APPROVED BY OWNER:

s/ _______________________________________________________________

_________________________________________________________________Name/Title


Page 25

END OF PERFORMANCE BOND


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Warranty Bond

Moss Landing Harbor District (“Owner”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the North Harbor and South Harbor Shore Protection Repair Project (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to Owner as obligee in the maximum amount of 15% of the final Contract Price.

2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one year period commencing with recordation of the notice of completion (the “Warranty Period”).

3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from Owner, repairs and make good at its sole expense any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses Owner for all loss and damage that Owner sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

4. Waiver. Surety waives the provisions of Civil Code sections 2819 and 2845.

5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:


6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for the County in which the Project is located, and no other place. Surety will be responsible for Owner’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.


North Harbor and South Harbor Shore Protection Repair ProjectWARRANTY BOND

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SURETY:__________________________________________________________ Business Name

s/________________________________________________________________

_________________________________________________________________Name/Title [print]


CONTRACTOR:____________________________________________________ Business Name

s/________________________________________________________________

_________________________________________________________________Name/Title

s/________________________________________________________________

_________________________________________________________________Name/Title

APPROVED BY OWNER:

s/ _______________________________________________________________

_________________________________________________________________Name/Title

END OF WARRANTY BOND

North Harbor and South Harbor Shore Protection Repair ProjectWARRANTY BOND

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General Conditions

Article 1 - Definitions

Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the words “day,” “furnish,” “including,” “install,” “work day” or “working day.”

Allowance means an amount included in the Bid Proposal for Work that may or may not be included in the Project, depending on conditions that will not become known until after bids are opened. If the Contract Price includes an Allowance and the cost of performing the Work covered by that Allowance is greater or less than the Allowance, the Contract Price will be increased or decreased accordingly.

Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.

Change Order means a written document duly approved and executed by Owner, which changes the scope of Work, the Contract Price, or the Contract Time.

Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to Owner in accordance with the requirements of the Contract Documents, and which has been rejected by Owner, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment.

Contract means the signed agreement between Owner and Contractor.

Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the notice of award and notice to proceed; the payment, performance and warranty bonds; the General Conditions; the Special Conditions; the Project Drawings and Specifications; any Change Orders; and any other documents expressly made part of the Contract Documents.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, or equipment following submission of the Bid Proposal.

Contract Time means the number of calendar days for performance of the Work, as set forth in the Contract and as amended by Change Order.

Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with Owner to perform the Work.

Day means a calendar day unless otherwise specified.

Design Professional means the licensed individual(s) or firm(s) retained by Owner to provide architectural or engineering services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer.

DIR means the California Department of Industrial Relations.

North Harbor and South Harbor Shore Protection Repair ProjectGENERAL CONDITIONS

Page 29

Drawings means the Owner-provided plans and graphical depictions of the Project requirements, and does not include Shop Drawings.

Engineer means the Engineer for Owner and his or her authorized delegee(s) designated to oversee and manage the Project on Owner’s behalf.

Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, that: (A) is not covered by Contract unit prices; (B) is not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; (C) is substantially different from the Work as described in the Contract Documents at bid time; or (D) results from a substantially differing and unforseeable Project condition.

Final Completion means Contractor has fully completed all of the Work required by the Contract Documents, including all punch list items, any required commissioning, and has provided all required submittals, including the warranty bond, instructions and manuals, and as-built drawings to Owner’s satisfaction.

Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% of any unresolved third-party claim for which Contractor is required to indemnify Owner, and up to 150% of any amount in dispute as authorized by Public Contract Code section 7107.

Furnish means to purchase and deliver to the Worksite designated for installation.

Hazardous Materials means any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal, or cleanup.

Including, whether or not capitalized, means “including, but not limited to,” unless the context requires otherwise.

Inspector means the individual(s) or firm(s) retained by Owner to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all applicable codes, regulations, and permits.

Install means to fix in place for materials, and to fix in place and connect for equipment.

Owner means Moss Landing Harbor District, which has entered into the Contract with Contractor for performance of the Work, acting through its Board of Harbor Commissioners, officers, employees, Engineer, and any other authorized representatives.

Plans has the same meaning as Drawings.

Project means the public works project referenced in the Contract.

Project Manager means the individual designated by Owner to oversee and manage the Project on Owner’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer.


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Request for Information or RFI means Contractor’s written request for information submitted to Owner, in the manner and format specified by Owner, about the Contract Documents, the Work or the Project.

Section as used in these General Conditions, means a numbered Section of the General Conditions, unless otherwise indicated by the context, e.g., statutory references.

Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to Owner approval, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Drawings and Specifications.

Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into this Project by or on behalf of Owner, and does not include the Contract, General Conditions or Special Conditions.

Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors, suppliers, fabricators, and equipment lessors of all tiers, unless otherwise indicated by the context.

Technical Specifications means Specifications.

Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents.

Work Day or Working Day, whether or not capitalized, means a weekday which is not a holiday observed by Owner.

Worksite means the place or places where the Work is performed.

Article 2 - Roles and Responsibilities

2.1 Owner.

(A) Engineer. The Engineer, acting within the authority conferred by the Board of Commissioners, has primary responsibility for administration of the Project on behalf of Owner, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project.

(B) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by Owner, may act on Owner’s behalf to ensure performance of the Work in compliance with the Contract Documents. The Design Professional’s interpretation of the Drawings or Specifications is final and conclusive.

2.2 Contractor.

(A) General. Contractor must provide all labor, materials, equipment and services necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic and efficient manner in the best interests of Owner.

(B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely


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completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. From the date of commencement of the Work until either the date on which Owner formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to the Work site, by any cause including fire, earthquake, wind, weather, vandalism or theft.

(C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative.

(D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to Owner, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. Owner’s approval of the superintendent is required before the Work commences. If Owner is not satisfied with the superintendent’s performance, Owner may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until the approved superintendent is physically present to supervise the Work. Contractor must provide written notice to Owner, as soon as practicable, before replacing the superintendent.

(E) Standards; Compliance. Contractor must, at all times, ensure that the Work is performed in a good, workmanlike manner following best practices and in full compliance with the Contract Documents and all applicable laws, regulations, codes, standards, and permits, including Owner’s municipal code, rules, and regulations, and any orders of the administrative or judicial bodies with jurisdiction over the Work.

(F) Meetings. Contractor, and the Subcontractors requested by Owner, must attend a Pre-Construction Conference, if requested by Owner, as well as weekly Project progress meetings with Owner that Owner will schedule.

(G) Responsible Party. Contractor is solely responsible to Owner for the acts or omissions of any Subcontractor(s), or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Owner may, at any time, reasonably request in writing that Contractor remove from the Project, at no cost to Owner, any employee or Subcontractor of Contractor who has proven during the course of the Work to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents.

(H) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by Owner to be deficient or defective in workmanship, materials, or equipment. Workmanship, materials or equipment that do not conform to the requirements under the Drawings, Specifications and every other Contract Document, as determined by Owner, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work


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performed beyond the lines and grades shown on the Plans or established by Owner, and any Extra Work performed without Owner’s prior written approval.

(I) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, but are not limited to, Project cost records and records relating to preparation of Contractor’s bid.

(1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.

(2) Contractor must continue to maintain its Project records in an organized manner for a period of four years after Owner’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, Owner is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours.

(J) Copies of Contract Documents. Contractor and its Subcontractors must keep copies, at the Project site, of the Work-related documents, including the Contract, Drawings, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, approved Shop Drawings, and any related written interpretations. The Contract Documents, as-built drawings, and all Worksite copies must be available to Owner for reference at all times.

2.3 Subcontractors.

(A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. Owner reserves the right to approve or reject any and all Subcontractors proposed to perform the Work. Each Subcontractor must obtain a Owner business license before performing any Work.

(B) Contractual Obligations. Contractor must require every Subcontractor to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, and to likewise bind their subcontractors or suppliers. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and Owner, but Owner is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor.

(C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to Owner, subject to the prior rights of any surety, provided that Owner accepts the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement.

(D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code section 4107, Contractor is solely responsible


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for all costs Owner incurs in responding to the request, including legal fees and costs to conduct a hearing.

2.4 Coordination of Work.

(A) Concurrent Work. Owner reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors and subcontractors. To the full extent permitted by law, Contractor must hold harmless and indemnify Owner against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor.

(B) Defects. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any such known defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work.

2.5 Submittals. Unless otherwise specified, Contractor must submit to the Project Manager for review and acceptance all schedules, Shop Drawings, samples, product data and similar submittals required by the Contract Documents, or upon request by the Project Manager. Unless otherwise specified, all submittals, including Requests for Information, are subject to the provisions of this Section.

(A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.

(B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current Owner-accepted schedule for the Work and within the applicable time specified elsewhere in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project.

(C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, references to applicable Specification section(s) and/or drawing and detail number(s), and a transmittal letter. Any manufacturer’s standard drawings or data sheets must be clearly marked to show the portions of data used. Submittals must include spaces for the Contractor and Owner’s review stamps.

(D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section.

(E) Effect of Review and Approval. Review and acceptance of a submittal by Owner will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by Owner is not an assumption of risk or liability by Owner.


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(F) Enforcement. Any Work performed or material used without Owner’s prior acceptance of a required submittal will be performed at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work, and the cost of additional time or services required of Owner, including costs for the Design Professional, Project Manager, or Inspector.

(G) Excessive RFIs. A Request for Information (RFI) will be considered excessive or unnecessary if Owner determines that the explanation or response to the RFI is clearly and unambiguously discernable in the Contract Documents. Owner’s costs to review and respond to excessive or unnecessary RFI may be deducted from payments otherwise due to Contractor.

2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to show all necessary details. Unless otherwise specified by Owner, three copies must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If Owner requires changes, three copies of the corrected Shop Drawings must be resubmitted to the Engineer for review and acceptance. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by Owner. Contractor is responsible for any errors and omissions in the Shop Drawings, shop fits and field corrections, any deviations from the Contract Documents, and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by the Owner does not relieve Contractor of such responsibility.

Article 3 - Contract Documents

3.1 Interpretation of Contract Documents.

(A) Drawings and Specifications. The Drawings and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Drawings and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Drawings and Specifications, the Specifications will control.

(B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including under the Drawings or Specifications, Contractor must immediately submit a Request for Information to the Engineer and wait for a response from Owner before proceeding further with the related Work. The RFI must notify Owner of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining Owner’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Owner will not extend the Contract Time due to Contractor’s failure to submit a timely RFI to the Engineer.


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(C) Figures and Dimensions. Figures control over scaled dimensions.

(D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents.

(E) Measurements. Contractor must verify all relevant measurements at the Worksite before ordering any material or performing any Work, and will be responsible for the correctness of those measurements.

3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest:

(A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Notice of Award;(F) Special Conditions; (G) General Conditions; (H) Payment, Performance and Warranty Bonds; (I) Specifications; (J) Drawings; (K) Contractor’s Bid Proposal and attachments; (L) Notice Inviting Bids; (M) Instructions to Bidders; (N) the Owner’s standard specifications, as applicable; and(O) Any documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions.

3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions:

(A) Limitations. None of the “General Provisions” of the Caltrans Standard Specifications, i.e., Sections 1 through 9, applies to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents.

(B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by Owner, the provision in the Contract Documents will govern.

(C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows:


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(1) Any reference to the “Engineer” is deemed to mean the Owner Engineer.

(2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract.

(3) Any reference to the “Department” or “State” is deemed to mean Owner.

3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by Owner or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that Owner or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is For Reference Only.

3.5 Plans and Specifications. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in Owner’s possession that is necessary for Contractor to form its own conclusions.

3.6 Current Versions. Unless otherwise specified by Owner, any reference to standard specifications, technical specifications, or any Owner or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed.

3.7 Conformed Copies. If Owner prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense.

Article 4 - Bonds, Indemnity, and Insurance

4.1 Payment and Performance Bonds. Within ten days following issuance of the notice of award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, using the bond forms included with the Contract Documents.

(A) Surety. Each bond must be issued by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from Owner, Contractor must substitute a surety acceptable to Owner. If Contractor fails to substitute an acceptable surety within the specified time, Owner may, at its sole discretion, withhold payment from Contractor until the surety is replaced to Owner’s satisfaction, or terminate the Contract for default.


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(B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from Owner pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents.

4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless Owner, its agents and consultants, and Design Professional (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. Owner will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code section 9201. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract.

4.3 Insurance. No later than ten days following issuance of the notice of award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to Owner. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of Owner’s acceptance the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, Owner may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract.

(A) Policies and Limits. The following insurance policies and limits are required for this Contract unless otherwise specified in the Special Conditions:

(1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protected coverage, blanket contractual, completed operations, vehicle coverage and employer’s non-ownership liability coverage, with limits of at least $2,000,000.00 per occurrence and at least $4,000,000.00 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.


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(2) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of Owner.

(3) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $1,000,000 combined single-limit per accident for bodily injury, death or property damage.

(4) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR.

(5) Pollution Liability: The pollution liability policy must be issued on an occurrence basis, with limits of at least $500,000.00 per occurrence and at least $10,000.00 aggregate.

(B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to Owner, unless due to non-payment of premiums, in which case ten days written notice must be made to Owner.

(C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against Owner.

(D) Required Endorsements. The CGL policy, the builder’s risk policy and the automobile liability policy must include the following specific endorsements:

(1) The Moss Landing Harbor District, including its officers, employees, elected officials, agents and volunteers (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the contract.

(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.

(3) The insurance provided is primary and no insurance held or owned by Owner may be called upon to contribute to a loss.

(4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.

(E) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the additional insureds and waiver of subrogation.

4.4 Warranty Bond. As a condition precedent to Final Completion, Contractor must submit a warranty bond, using the form included with the Contract Documents, to guarantee its


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Work as specified in Article 11, Completion and Warranty Procedures. The warranty bond must be issued by a surety admitted in California for 15% of the final Contract Price or as otherwise specified in the Contract Documents. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from Owner, Contractor must substitute a surety acceptable to Owner.

Article 5 - Contract Time

5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time.

(A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed, and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time.

(B) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If Owner determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, Owner may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to Owner, in order to achieve a rate of progress satisfactory to Owner. If Contractor fails to comply with Owner’s directive in this regard, Owner may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use Owner’s own forces to achieve the necessary rate of progress. Alternatively, Owner may terminate the Contract based on Contractor’s default.

5.2 Schedule Requirements. All schedules must be prepared using standard scheduling software acceptable to Owner, and must provide schedules in electronic and paper form as requested.

(A) Baseline (As-Planned) Schedule. Within ten calendar days following Owner’s issuance of the Notice to Proceed (or as otherwise specified in the Special Conditions), Contractor must submit to Owner for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by Owner, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity.

(1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s).

(B) Owner’s Review of Schedules. Owner will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible


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for resolving any exceptions noted in a schedule and must, within seven days, correct the schedule to address them.

(C) Progress Schedules. After Owner accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look-ahead schedule, in the format specified by Owner, for review and acceptance with each application for a progress payment, or when otherwise specified by Owner, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to Owner of any changes in the projected material or equipment delivery dates for the Project.

(1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and not to Contractor.

(2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which Owner has noted exceptions that are not corrected, Owner may withhold up to ten percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and Owner has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a waiver of any claims for Excusable Delay or loss of productivity arising when Contractor is out of compliance, subject only to the limits of Public Contract Code section 7102.

(D) Recovery Schedule. If Owner determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date.

(E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current Owner-accepted schedule unless otherwise directed by Owner. Owner’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect Owner’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time.

(F) Posting. Contractor must at all times maintain a copy of the most current Owner-accepted progress or recovery schedule posted prominently in its on-site office.

(G) Reservation of Rights. Owner reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by Owner or others, or to facilitate Owner’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work.

(H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during Owner’s normal business hours, except as


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provided in the Special Conditions or as authorized in writing by Owner. Owner reserves the right to charge Contractor for additional costs incurred by Owner due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services.

5.3 Delay and Extensions of Contract Time.

(A) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13.

(B) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for Non-Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by:

(1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years;

(2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for timely completion of the Work;

(3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for the timely performance and completion of the Work;

(4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Worksite or review of the Contract Documents or other information provided or available to Contractor; or

(5) Contractor’s financial inability to perform the Work, including insufficient funds to pay its Subcontractors or suppliers.

(C) Compensable Delay. Pursuant to Public Contract Code section 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by Owner, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay.

(D) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent


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progress schedule accepted by Owner. Recoverable Costs will not include home office overhead or lost profit.

(E) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to Owner within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived.

(1) Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects.

(2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion.

(3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to Owner.

(4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances.

(5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code section 7102.


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(6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of Owner’s right to assess liquidated damages for Non-Excusable Delay.

(7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on Owner’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the Dispute Resolution provisions set forth in Article 12 below.

5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, Owner will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code section 7203, if Contractor fails to achieve Final Completion within the Contract Time, Owner will charge Contractor in the amount specified in the Contract for each day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty.

(A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above.

(B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents.

(C) Setoff. Owner is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, Owner is entitled to recover the balance from Contractor or its performance bond surety.

(D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute Owner’s acceptance of the Project and will not operate as a waiver of Owner’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion.

(E) Other Remedies. Owner’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. Owner retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, or for defective materials or workmanship.

Article 6 - Contract Modification

6.1 Contract Modification and Changes in Work. Modifications to the Contract are valid and legally binding only pursuant to a written, duly authorized and signed Change Order. Owner also reserves the right to make changes in the Work without invalidating the Contract. Owner may direct changes in the Work, which may include Extra Work as set forth in subsection (B) below, or deletion or modification of portions of the Work. Any change in the Work, whether directed by Owner or pursuant to Contractor’s request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. Contractor must promptly


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comply with Owner-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and Owner have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work.

(A) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a Owner-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. In the event that Owner and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by Owner. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below.

(B) Extra Work. Contractor must promptly perform any Extra Work authorized by Owner in accordance with the original Contract Documents, even if Contractor and Owner have not yet reached agreement on the adjustments to the Contract Price or Contract Time for such work. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. Contractor must also provide Owner with summary report(s) of the Extra Work performed and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs. The Engineer will make any adjustments to Contractor’s Extra Work report(s) based on the Engineer’s records of such Work. When an Extra Work report(s) is agreed on and signed by both Owner and Contractor, the report(s) will become the basis for payment under a duly authorized and signed Change Order.

(C) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a Owner-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, Owner may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price.

6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work or a change in the Contract Price or Contract Time as a written Change Order request or proposal.

(A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If Owner requests that Contractor propose the terms of a Change Order, unless otherwise specified in Owner’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving Owner’s request, in a form satisfactory to the Engineer.

(B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits,


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and must itemize labor, materials, equipment, taxes, insurance, and subcontract amounts. Any estimated cost must be updated in writing as soon as the actual amount is known.

(C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions.

(D) Required Form. Contractor must use Owner’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by Owner.

(E) Certification. All Change Order requests must be signed by Contractor and must include the following certification:

“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete, and agrees that any costs, expenses, or time extension request not included herein is deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code sections 12650 et seq.”

6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods, but in the order provided:

(A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or schedule of values, will apply if unit pricing has previously been provided in Contractor’s accepted bid schedule or schedule of values for the affected Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation.

(B) Lump Sum. A mutually agreed upon lump sum with no additional markups for overhead, profit, or other indirect costs.

(C) Time and Materials. On a time and materials basis, including allowed markup for overhead, profit, and all other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums:

(1) All direct labor costs plus 15% markup;

(2) All direct material costs, including sales tax, plus15% markup;

(3) All direct plant and equipment rental costs, plus 15% markup;

(4) All direct subcontract costs plus ten percent markup; and

(5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums.

6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, dispute over the value of deleted or changed Work, or disputes as to quantities used, Owner may elect to issue a unilateral Change Order, directing


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performance of the Work, and authorizing a change in the Contract Price or Contract Time in the amount Owner believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.

6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work.

Article 7 - General Construction Provisions

7.1 Permits and Taxes.

(A) General. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, including a Owner business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide Owner with copies of all notices, permits, licenses, and renewals required for the Work.

(B) Federal Excise Tax. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that Owner is exempt from Federal Excise Tax.

7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for material and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any utility services incidental thereto.

(A) Standards. Such structures must be safe and adequate for the intended use, and installed and maintained in accordance with all applicable federal, state, and local laws, codes, and regulations.

(B) Screening. Contractor must fence and screen the Project site and staging area, and its operation must minimize inconvenience to neighboring properties.

(C) Utilities. Contractor must install and maintain the light, power, water and all other utilities required for the Project site, including the piping, wiring, lamps and related equipment necessary to perform the Work.

(D) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to Owner’s property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition.

(E) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions.

7.3 Noninterference and Additional Work Areas. Contractor must avoid interfering with Owner’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and


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pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must notify the affected parties of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours.

(A) Offsite Acquisition. Unless otherwise provided by Owner, Contractor must acquire, use and dispose of, at its sole expense, any additional Work areas, easements, and temporary facilities necessary to access and perform the Work.

(B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before occupying any property owned by a third party, Contractor must provide Owner with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding Owner harmless from any related liability.

7.4 Signs. No signs may be displayed on or about Owner’s property, except signage which is required by law or by the Contract Documents, without Owner’s prior written approval as to size, design, and location.

7.5 Worksite and Nearby Property Protections.

(A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the notice of completion has been recorded. Except as specifically authorized by Owner, Contractor must confine its operations to the area of the Project site indicated in the Drawings. Contractor is liable for any damage caused to the Work, Owner’s real or personal property, the real or personal property of adjacent or nearby property owners, and the work or personal property of other contractors working for Owner.

(1) Subject to Owner’s approval, Contractor will provide and install safeguards to protect the Work, the Project site, Owner’s real or personal property, and the real or personal property of adjacent or nearby property owners.

(2) Owner’s wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify Owner and establish a plan, subject to Owner’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill.

(3) Contractor must remove with due care, and store at Owner’s request, any objects or material from the Project site that Owner will salvage or reuse at another location(s).

(B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless Owner approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be


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provided in the Contract Documents or pursuant to prior written authorization from Owner.

(C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Drawings or apparent from inspection of the Project site, Contractor must immediately notify the Owner and promptly submit a Request for Information to the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above.

(D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to Owner’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by law.

7.6 Materials and Equipment.

(A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation, and must be installed in accordance with the manufacturer’s recommendation. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work, and is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until Owner has formally accepted the Project as set forth in Section 11.1 below. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered.

(B) Owner-Provided. If the Work includes installation of materials or equipment to be provided by Owner, Contractor is solely responsible for the proper examination, handling, storage, and installation of such items in accordance with the Contract Documents. Contractor must promptly notify Owner of any defects discovered in Owner-provided materials or equipment. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor.

(C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization required for use of patented or copyright protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligation in Article 4 applies to any claimed violation of intellectual property rights in violation of this provision.


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7.7 Substitutions.

(A) “Or Equal.” Any specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service.

(B) Request for Substitution. A request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier.

(C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review.

(D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost, including testing using methods acceptable to Owner. Owner has sole discretion to determine whether a proposed substitution is equal, and Owner’s determination is final. (E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by Owner.

(F) Contractor’s Obligations. Owner’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements.

7.8 Testing and Inspection.

(A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by Owner at all times and locations during construction and/or fabrication and at any Work site, including at shops and yards as well as at the Project site. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for inspection.

(B) Scheduling and Notification. Contractor must cooperate with Owner in coordinating the inspections and testing. Contractor must schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing, and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond specified Work hours, or on a Saturday, Sunday, or recognized Owner holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If


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approved, Contractor must reimburse Owner for the cost of the overtime inspection or testing.

(C) Responsibility for Costs. Owner will bear the initial cost of testing to be performed by independent testing consultants retained by Owner, subject to the following exceptions:

(1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs.

(2) Contractor will be responsible for inspection costs, at Owner’s hourly rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection.

(3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs.

(4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below.

(5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment.

(D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by Owner. Contractor is responsible for delivering any required certificates of inspection to the Owner.

(E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations.

(F) Final Inspection. The provisions of this Section 7.8 apply to final inspection under Article 11, Completion and Warranty Provisions.

7.9 Worksite Maintenance and Operation. Contractor must at all times, on a 24 hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean and neat condition and in compliance with all regulatory requirements for air quality and dust control. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. Project site maintenance expenses are deemed to have been included in Contractor’s Bid Proposal.

(A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any applicable law, regulation or rule.


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(B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved water-spraying truck for this purpose. If the Engineer determines that the dust control is not adequate, Owner may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Worksite and any dirt deposited on public streets.

(C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all rubbish and debris along with the construction equipment, tools, machinery, waste and surplus materials.

(1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by Owner, will be Contractor’s property.

(2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on Owner streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping.

(D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into Owner’s storm drain system.

(E) Completion. At the completion of the Work, Contractor must remove from the Worksite all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Worksite, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements.

(F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any Owner clean up order, Owner may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to Contractor.


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7.10 Instructions and Manuals. Contractor must provide to Owner three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for Owner to easily maintain and service the materials and equipment installed for this Project.

(A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to Owner at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to Owner for review.

(B) Instruction of Personnel. Contractor or its Subcontractors must instruct Owner’s personnel in the operation and maintenance of any complex equipment as a condition precedent to Final Completion, if required in the Contract Documents.

7.11 As-built Drawings. Contractor and its Subcontractors must maintain at the Project site a separate complete set of the Drawings which will be used solely for the purpose of recording changes made in any portion of the Work in order to create accurate record drawings at the end of the Project.

(A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Progress payments may be delayed, in whole or in part, until the as-built drawings are brought up to date to the satisfaction of Owner. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Drawings must be shown in detail. The location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation.

(B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to Owner for review and approval as a condition precedent to Final Completion.

7.12 Existing Utilities. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by Owner in the Contract Documents, Contractor must immediately provide written notice to Owner and the utility. Owner assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Drawings or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by Owner’s failure to provide for removal or relocation of the utility facilities.

7.13 Notice of Excavation. Government Code section 4216.2 requires that, except in an emergency, Contractor must contact the appropriate regional notification center, or Underground Services Alert, at least two working days but not more than 14 calendar days before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations, and, if practical, Contractor must delineate with white paint or other suitable markings the area to be excavated.


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7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code section 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the following provisions in this Section apply to the Work and the Project.

(A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to Owner if Contractor finds any of the following conditions:

(1) Material that Contractor believes may be a hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law;

(2) Subsurface or latent physical conditions at the Worksite differing from those indicated by information about the Worksite made available to bidders prior to the deadline for submitting bids; or

(3) Unknown physical conditions at the Worksite of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents.

(B) Owner Investigation. Owner will promptly investigate the conditions and if Owner finds that the conditions do materially differ or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, Owner will issue a Change Order.

(C) Disputes. In the event that a dispute arises between Owner and Contractor regarding any of the conditions specified in subsection (A) above, Contractor will not be excused from any scheduled completion date provided for in the Contract Documents, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between Contractor and Owner.

7.15 Trenching of Five Feet or More. As required by Labor Code section 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to Owner for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited.

7.16 New Utility Connections. Owner will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify Owner sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule.

7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All


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stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Contractor’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans.

7.18 Historic or Archeological Items.

(A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”).

(B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by Owner. If required by Owner, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. Any suspension of Work required due to discovery of Historic or Archeological Items will be treated as a suspension for convenience under Article 13.

7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into Owner’s storm drain system as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all applicable federal, state, and local laws and regulations concerning pollution of waterways.

(A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”).

(B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in Owner’s principal administrative offices, and Contractor must comply with the same without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other applicable state, municipal or regional laws, ordinances, rules or regulations governing discharge of stormwater, including applicable municipal stormwater management programs.

7.20 Noise Control. Contractor must comply with all applicable noise control laws,

ordinances, regulations and rules. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor.

Article 8 - Payment

8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the


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various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid.

(A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods stipulated in the Contract Documents.

(B) Deleted or Reduced Work. Contractor will not be compensated for Work that Owner has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits.

8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month.

(A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Worksite, as well as authorized and approved Change Orders. Each pay application must be supported by Contractor’s Bid Schedule or schedule of values and any other substantiating data required by the Contract Documents.

(B) Payment of Undisputed Amounts. Owner will pay the undisputed amount due within thirty (30) days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code section 20104.50. Owner will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may withhold additional amounts as set forth in Section 8.3, below.

8.3 Adjustment of Payment Application. Owner may adjust the amount requested, withhold disputed sums, or reject a payment application, including application for Final Payment, in whole or in part, based upon any of the circumstances and amounts listed below. Contractor will be notified in writing of the basis for the modification to the amount requested, and will be released when the basis for that modification has been remedied and no longer exists.

(A) Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items in an amount based on the Owner’s estimated cost to correct or complete the Work;

(B) Loss or damage caused by Contractor or its Subcontractor(s) arising out of or relating to performance of the Work or any failure to protect the Worksite based on the amount to repair or replace;

(C) Contractor’s failure to pay its Subcontractors and suppliers when payment is due;


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(D) Contractor’s failure to timely correct rejected, nonconforming, or defective Work in an amount based on the Owner’s estimated cost to correct or complete the Work;

(E) Any unreleased stop notice, retained as 125% of the amount claimed;

(F) Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents in an amount equal to five percent of the total amount requested;

(G) Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, in an amount based on the Owner’s continued cost to prepare the as-builts;

(H) Work performed without approved Shop Drawings, when approved Shop Drawings are required before proceeding with the Work, in an amount based on the costs to correct unsatisfactory work or diminution in value;

(I) Fines assessed under the Labor Code; or

(J) Any other costs or charges that may be offset against payments due, as provided in the Contract Documents, including liquidated damages.

8.4 Acceptance of Work. Neither Owner’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.

8.5 Retention. Owner will retain five percent of the amount due on each progress payment, or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work.

(A) Substitution of Securities. As provided by Public Contract Code section 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by Owner. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code section 22300, and will be subject to approval as to form by Owner’s legal counsel.

(B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld under Section 8.3 or Section 8.6, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by Owner’s governing body or authorized designee pursuant to Section 11.1(E) below, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete under Public Contract Code section 7107(c).

8.6 Setoff. Owner is entitled to set off any amounts due from Contractor against any payments due to Contractor. Owner’s entitlement to setoff includes progress payments as well as Final Payment and unreleased retention.

8.7 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Worksite by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of the law, and those of the Contract Documents and applicable subcontract or supplier contract.


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(A) Withholding for Stop Notice. Pursuant to Civil Code section 9358, Owner will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by Owner for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.

(B) Joint Checks. Owner reserves the right to issue joint checks made payable to Contractor and its Subcontractors or suppliers. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by Owner. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between Owner and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement.

8.8 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. The date of Final Payment is deemed to be effective on the date that Owner acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment. If the amount due from Contractor to Owner exceeds the amount of Final Payment, Owner retains the right to recover the balance from Contractor or its sureties.

8.9 Release of Claims. Owner may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing Owner with a written release of all claims against Owner arising from or related to the portion of Work covered by those undisputed amounts in accordance with Civil Code section 8120 et seq. Any disputed amounts may be specifically excluded from the release.

8.10 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to Owner free of any claims, liens, or encumbrances upon payment to Contractor.

Article 9 - Labor Provisions

9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethniOwner, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable federal and California laws, including the California Fair Employment and Housing Act (Government Code sections 12900 et seq.), Government Code section 11135, and Labor Code sections 1735, 1777.5, 1777.6, and 3077.5.

9.2 Labor Code Requirements.

(A) Eight Hour Day. Under Labor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract.

(B) Penalty. Under Labor Code section 1813, Contractor will forfeit to Owner as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one


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calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code section 1815.

(C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

(D) Notices. Under Labor Code section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation.

9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Worksite.

(A) Penalties. Under Labor Code section 1775, Contractor and any Subcontractor will forfeit to Owner as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

(B) Federal Requirements. This Project is subject to federal prevailing wage requirements under the Davis-Bacon Act in addition to California prevailing wage requirements. Contractor and its Subcontractors are required to pay the higher of the current applicable prevailing wage rates under federal law, available online at http://www.access.gpo.gov/davisbacon/ca.html.

9.4 Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records. Contractor must also comply with payroll record requirements under the Davis-Bacon Act.

(A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, 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 in connection with the Work. Each payroll record must contain or be 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; and

(2) Contractor or the Subcontractor has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any Work performed by its employees on the Project.

(B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to Owner, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.


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http://www.access.gpo.gov/davisbacon/ca.html

http://www.dir.ca.gov/dlsr

(C) Enforcement. Upon notice of noncompliance with Labor Code section 1776, Contractor or Subcontractor has ten days in which to comply with requirements of this section. If Contractor or Subcontractor fails to do so within the ten day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due.

9.5 Labor Compliance. Under Labor Code section 1771.4, the Contract for this Project, if awarded on or after January 15, 2015, is subject to compliance monitoring and enforcement by the DIR.

Article 10 - Safety Provisions

10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must comply with all applicable safety laws, rules and regulations and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite.

(A) Reporting Requirements. Contractor must immediately provide a written report to Owner of all recordable accidents and injuries occurring at the Worksite. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to Owner.

(B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide Owner with copies of all notices required by law or regulation.

(C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor.

(D) Remedies. If Owner determines, in its sole discretion, that any part of the Work or Worksite is unsafe, Owner may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to Owner’s satisfaction. If Contractor fails to promptly take the required corrective measures, Owner may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with Owner’s request for corrective measures pursuant to this provision.

10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Worksite that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to Owner. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work.


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10.3 Material Safety. Contractor is solely responsible for complying with section 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Material Safety Data Sheets (“MSDS”) at the Worksite, as required by law, for materials or substances used or consumed in the performance of the Work. The MSDS will be accessible and available to Contractor’s employees, Subcontractors, and Owner.

(A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Worksite and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely.

(B) Labeling. Contractor must ensure proper labeling on any material brought onto the Worksite so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.

10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Such conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Worksite condition, the method of construction, or the way any Work must be performed.

Article 11 - Completion and Warranty Provisions

11.1 Final Completion.

(A) Final Inspection. When the Work required by this Contract is fully performed, Contractor must provide written notification to Owner requesting final inspection. Based on that inspection, Owner will prepare a punch list of items that are incomplete, incorrectly installed, or not operating as required by the Contract Documents. The omission of any such item from this punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents.

(B) Punch List. Owner will deliver the punch list to Contractor and will specify the time by which all of the punch list items must be completed or corrected. The punch list may include Owner’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time.

(C) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by Owner inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including a warranty bond as required under Section 4.4, instructions and manuals as required under Section 7.10, and as-built drawings as required under Section 7.11, all to Owner’s satisfaction.

(D) Acceptance. Following Final Completion, the Project will be considered accepted only after the Board of Commissioners takes action during a public meeting to accept the Project. If the Board of Commissioners authorizes the Engineer to accept the


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Project, the Project will be considered accepted upon the Engineer’s issuance of a written notice of acceptance.

(E) Final Payment. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, Owner may, acting in its sole discretion, elect to accept the Project, record the notice of completion, and withhold up to 150% of Owner’s estimated cost to complete the remaining items from Final Payment.

11.2 Warranty.

(A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. At Owner’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance.

(B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of recordation of the notice of completion (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents.

(C) Warranty Documents. As a condition precedent to acceptance, Contractor must supply Owner with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers.

(D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor expressly agrees to act as co-guarantor of such Work.

(E) Contractor’s Obligations. Upon written notice from Owner to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period.

(F) Owner’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by Owner, or sooner if required by the circumstances, Contractor expressly agrees that Owner may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse Owner for its costs within 30 days following Owner’s submission of a demand(s) for payment pursuant to this provision. If Owner is required to initiate legal action to compel Contractor’s compliance with this provision, and Owner is the prevailing party in such action, Contractor and its surety are solely responsible for all of Owner’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein in addition to any and all costs Owner incurs to correct the defective Work.


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(G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, Contractor expressly agrees that Owner may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse Owner for its costs within 30 days following Owner’s submission of a demand(s) for payment pursuant to this provision. If Owner is required to initiate legal action to compel Contractor’s compliance with this provision, and Owner is the prevailing party in such action, Contractor and its surety are solely responsible for all of Owner’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein in addition to any and all costs Owner incurs to immediately correct the defective Work, including any associated overtime charges.

11.3 Use Prior to Final Completion. Owner reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if Owner has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. Owner will notify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision.

(A) Non-Waiver. Occupation or use prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of Owner’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect.

(B) Owner’s Responsibility. Owner will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to perform the Work.

11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to recordation of the notice of completion, except for warranty work performed under this Article.

Article 12 - Dispute Resolution

12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work.

(A) Definition. “Claim” means a separate demand by Contractor, submitted in writing, for change in the Contract Time or Contract Price that has previously been submitted to Owner in accordance with the requirements of the Contract Documents, and which has been rejected by Owner, in whole or in part.

(B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and Owner. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to Owner in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by Owner.


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(C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code sections 20104, et seq.

(D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of the Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute.

12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:

(A) Substantiation. The Claim must be submitted to Owner in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of Owner’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts.

(B) Claim Format. A Claim must be submitted in the following format:

(1) General introduction, specifically identifying the submission as a “Claim” submitted under this Article 12.

(2) Relevant background information, including identification of the specific demand at issue, and the date of Owner's rejection of that demand.

(3) Detailed explanation of the issue(s) in dispute. For multiple issues, separately number and identify each issue and include the following for each separate issue:

(a) The background of the issue, including references to relevant provisions of the Contract Documents;

(b) A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;

(c) A chronology of relevant events;

(d) The identification and attachment of all supporting documents (see subsection (A), above, on Substantiation); and

(e) Use of a separate page for each issue.

(4) Summary of issues and damages.


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(5) The following certification, executed by Contractor’s authorized representative:

“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim are true and correct. Contractor warrants that this Claim is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. Contractor understands that submission of a Claim which has no basis in fact or which Contractor knows to be false may violate the False Claims Act (Government Code section 12650 et seq.).”

(C) Submission Deadlines.

(1) A Claim must be submitted within 15 days following the date that Owner notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part.

(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment, or will be deemed waived.

(3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.8, above.

(4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.

12.3 Claims Under $50,000. For any Claim of less than $50,000.00, Owner will respond in writing within 45 days of receipt of the Claim, or may first request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that Owner may have against Contractor. If Contractor fails to submit the additional documentation to Owner within 15 days of receipt of Owner’s request, the claim will be deemed waived.

(A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of Owner and Contractor.

(B) Owner’s Response. Owner’s written response to the Claim, as further documented, will be submitted to Contractor within15 days after receipt of the further documentation or within a period of time no greater than that taken by Contractor in producing the additional information, whichever is greater.

(C) Non-Waiver. Any failure by Owner to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents.

12.4 Claims From $50,000 to $375,000. For any Claim of over $50,000.00, and less than or equal to $375,000.00, Owner will respond in writing within 60 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to the defenses to the Claim that Owner may have against Contractor. If Contractor fails to submit the additional documentation to Owner within 30 days of receipt of Owner’s request, the claim will be deemed waived.


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(B) Owner’s Response. Owner’s written response to the Claim, as further documented, will be submitted to Contractor within 30 days of receipt of the further documentation, or within a period of time no greater than that taken by Contractor in producing the additional information or requested documentation, whichever is greater.


12.5 Claims Over $375,000. For any Claim of over $375,000.00, Owner will respond in writing within 90 days of receipt of the Claim. Owner may request, in writing, within 45 days of receipt of the Claim, any additional documentation supporting the Claim relating to defenses to the Claim that Owner may have against Contractor. If Contractor fails to submit the additional documentation to Owner within 45 days of receipt of Owner’s request, the claim will be deemed waived.


(B) Owner’s Response. Owner’s response to the Claim, as further documented, will be submitted to Contractor within 45 days after receipt of the further documentation, or within a period of time no greater than that taken by Contractor in producing the additional information or requested documentation, whichever is greater.


12.6 Meet and Confer.

(A) Claims up to $375,000. For Claims less than or equal to $375,000.00, if Contractor disputes Owner’s written response, or Owner fails to respond within the specified time, Contractor must notify Owner in writing, either within 15 days of receipt of Owner’s response, or within 15 days of Owner’s failure to respond within the specified time, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute Owner’s response, in writing, within the specified times, Contractor’s Claim will be deemed waived.

(1) Upon receipt of the demand to meet and confer, Owner will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of all of the individuals that each party requires to represent its interests at the meet and confer conference.

(2) The meet and confer conference will be scheduled at a location at or near Owner’s principal office.

(3) If the Claim or any portion remains in dispute following the meet and confer conference, the parties may agree to mediation, as set forth in Section 12.7, below, or if unable to agree, Contractor may file a claim as provided in Government Code section 900 et seq. (a “Government Code Claim”).


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(B) Claims over $375,000. For any Claim greater than $375,000.00, if Contractor disputes Owner’s written response, or Owner fails to respond within the specified time, Contractor must notify Owner in writing, either within 30 days of receipt of Owner’s response, or within 30 days of Owner’s failure to respond within the specified time, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute Owner’s response, in writing, within the specified times, Contractor’s Claim will be deemed waived.

(1) Upon receipt of the demand to meet and confer, Owner will schedule the meet and confer conference to be held within 60 days, or later if needed to ensure the mutual availability of all of the individuals that each party requires to represent its interests at the meet and confer conference.

(2) The meet and confer conference will be scheduled at a location at or near Owner’s principal office.

(3) For any Claim or any portion(s) of a Claim that remains in dispute following the meet and confer conference, the parties agree to make a good faith effort to resolve the dispute through mediation as a condition precedent to filing a Government Code Claim and initiating litigation.

12.7 Mediation and Government Code Claims.

(A) Mediation. Mediation under this Article will be scheduled within 60 days following conclusion of the meet and confer process, with a mediator that the parties mutually agreed upon. The mediation itself may take place more than 60 days following conclusion of the meet and confer process to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. The parties must share the costs of mediation equally, except costs incurred by each party for representation by legal counsel or any other consultant.

(B) Government Code Claims.

(1) Timely presentment of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract.

(2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied as a result of the meet and confer process, including any period of time used by the meet and confer process. If the parties agree to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.

12.8 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.

12.9 Arbitration. It is expressly agreed, under California Code of Civil Procedure section 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.

12.10 Damages. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to recovery of any alleged


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home office overhead. The Eichleay Formula may not be used for any recovery under the Contract. Contractor is not entitled to consequential damages, including home office overhead or any form of overhead not directly incurred at the Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capaOwner; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract.

12.11 Multiple Claims. In the interest of efficiency, Owner, acting in its sole discretion, may elect to process multiple Claims concurrently, in which case the applicable procedures above will be based on the total amount of such Claims rather than the amount of each individual Claim. Any such election will not operate to change or waive any other requirements of this Article.

12.12 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by Owner. Nothing in this Article is intended to delay suspension or termination under Article 13.

Article 13 - Suspension and Termination

13.1 Suspension for Cause. In addition to all other remedies available to Owner, if Contractor fails to perform or correct work in accordance with the Contract Documents, Owner may immediately order the Work, or any portion of it, suspended until the cause for the suspension has been eliminated to Owner’s satisfaction.

(A) Failure to Comply. Contractor will not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents.

(B) No Duty to Suspend. Owner’s right to suspend the Work will not give rise to a duty to suspend the Work, and Owner’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.

13.2 Suspension for Convenience. Owner reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for Owner’s convenience, and not due to any act or omission by Contractor or its Subcontractors. Upon notice by Owner pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work as directed by Owner. The Contract Price and the Contract Time will be equitably adjusted by Change Order to reflect the cost and delay impact occasioned by such suspension for convenience.

13.3 Termination for Default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capaOwner to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements.


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(A) Notice. Upon Owner’s determination that Contractor is in default, Owner may provide Contractor and its surety written notice of default and intent to terminate the Contract.

(B) Termination. Within seven calendar days after notice of intent to terminate for default has been given, unless the default is cured or arrangements to cure the default have been made and memorialized in writing, to Owner’s satisfaction, Owner may terminate the Contract by written notice to Contractor with a copy to Contractor’s surety.

(C) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven calendar days from the date of the notice of termination, Contractor’s surety will be deemed to have waived its right to complete the Work under the Contract, and Owner may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that Owner determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by Owner to complete the Work following termination. In addition, Owner will have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work.

(D) Wrongful Termination. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including consequential damages, lost opportunity costs or lost profits.

13.4 Termination for Convenience. Owner reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with Owner’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. Subject to Owner’s directions in the notice, Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. Contractor must also promptly cancel, on the most favorable terms possible, all existing subcontracts that relate to performance of the discontinued Work.

(A) Compensation to Contractor. In the event of Owner’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation:

(1) Completed Work. The value of its Work satisfactorily performed to date, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work;

(2) Demobilization. Actual and substantiated demobilization costs; and

(3) Markup. Five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date.


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13.5 Effect of Any Contract Termination. Upon any termination pursuant to this Article, Owner may enter upon and take possession of the Project and the Work. Owner may also take possession of, for the sole purpose of completing the Work, all of Contractor’s tools, equipment and appliances, and all materials on the Work site or stored off the Work site that will be incorporated in the Work. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date.

Article 14 - Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its Subcontractors agree to assign to Owner all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time Owner tenders Final Payment to Contractor, without further acknowledgement by the parties.

14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.

14.3 Waiver. Owner’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by Owner. Owner’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by Owner.

14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.

14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due.

END OF GENERAL CONDITIONS


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Special Conditions

1. Pre-Construction Meeting. A pre-construction meeting will be held within seven days after award of the Contract. Project administration procedures and coordination between Owner and Contractor will be discussed.

2. Site Coordination. Contractor will not interrupt or inconvenience businesses at the Project Site, nor interfere with any other construction projects or traffic near the Project Site.

3. For Reference Only. A recent Geotechnical Site Investigation Report (c. 2005) is available at the Owner’s office. The report is for reference only and is not considered part of the Contract Documents.

4. Drawings. Drawings which accompany and form part of the Contract Documents are entitled as follows:

North Harbor and South Harbor Shore Protection Repair ProjectsMoss Landing Harbor District

Moss Landing, California

5. Contract Documents. Owner will supply Contractor with one printed copy of the Contract Documents at Owner’s sole cost and expense.

6. Correspondence and Notice. Unless and to the extent waived in writing by Owner, all correspondence must be in writing by mail or hand delivery. Emailed correspondence may be accepted as advance information, but unless authorized in writing by Owner, no action will be required of Owner until hard copy correspondence is received.

7. Temporary Electric Services. If any temporary electric services are provided by Owner, Contractor will be charged a flat monthly rate (to be determined by Owner) or based on meter readings taken by the utility company. Any necessary meters must be installed by the Contractor at no additional cost to Owner. Contractor is responsible for all coordination with utility companies.

8. Photographs. As evidence of Work completed, and at Contractor’s sole cost and expense, Contractor will furnish Owner with before- and after-construction color photographs of the Project before Contractor’s request for Final Payment. Photographs must be 8”x10”. Photographs must be taken using a zoom digital camera with a resolution of at least 8 megapixels. Project evolution photographs must be taken from the same location each time, to the extent feasible. All photographs must also be submitted to Owner on a compact disc or DVD as .jpg files. All electronic files must include a text file to link the photograph description to the file name for each image. All photographs and electronic files will be the Owner’s property, and Contractor will have no possession or distribution rights.

9. Surveys and Levels.

(A) Pre-Construction Survey. Contractor, at Contractor’s sole cost and expense, must retain a third party California Registered Professional Land Surveyor to be accepted by the Engineer. The Surveyor will lay out the lines of Work and stake out the location of all Work points prior to the start of construction. It is the Contractor’s responsibility to complete a pre-construction survey to determine existing conditions. The survey must extend to the Mean Lower Low Water (MLLW) tidal elevation, which may require surveying water depths (e.g. via sonar and/or lead-line/surveyor rod).

North Harbor and South Harbor Shore Protection Repair ProjectSPECIAL CONDITIONS

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(B) Controls. The horizontal control must be referenced to the California Coordinate System, Zone IV, NAD 1983. Vertical Control must be referenced to MLLW datum. Units must be in U.S. Feet.

(C) Quantities. Where calculation of pay quantities requires measurement of lines, grades, elevations or surface areas, the Engineer will require that such items be measured and such quantities be calculated by an accepted California Registered Professional Land Surveyor retained by Contractor at Contractor’s sole cost and expense. Copies of all survey notes, grade sheets and calculations must be furnished to the Engineer.

(D) Post-Construction Survey. A post-construction survey must be conducted by the third party California Licensed Professional Land Surveyor. The survey measurements must be used by the Contractor to verify construction to the proper grade and slope. Post-construction survey data must be submitted to the Owner in AutoCAD 2010 or later format and ASCIII XYZ text file format.

(E) Volumes. Installed stone and sand volumes will be determined from the pre- and post-construction surveys.

10. Contractor’s Access. Contractor’s landside access for equipment and materials to the Project Site must adhere to the Contract Drawings. Contractor will not stage vehicles outside the limits/area(s) designated as Staging Areas in the Contract Drawings, and vehicles may be required to be parked at a remote site, if necessary. Contractor may erect construction fencing in the southernmost boat launch ramp bay for construction equipment access. Contractor must not interfere with any boat launch activities for the three remaining ramp bays during the Project. Three boat launch ramp lanes must remain open at all times during construction.

11. Site Inspection. Bidders may visit the Project Site anytime at their own convenience to familiarize themselves with Project Site conditions. The Project Sites are open to the public, and no special arrangement needs to be made with Owner. Bidders will not disrupt the businesses and any construction activity during any Project Site visit.

12. Permits. Owner has obtained permits from the California Coastal Commission, Corps of Engineers, and the Regional Water Quality Control Board. Contractor is responsible for obtaining a Construction Permit from the County of Monterey. Contractor is responsible for preparing and submitting any amendments to the accepted permits as may become necessary due to Contractor’s operations. Contractor is responsible for compliance with all permits and the requirements contained in the following, which are attachments and made part of the Contract Documents:

(A) April 2, 2013 letter to Mr. Ken Israel from Department of the Army, U.S. Army Corps of Engineers

(B) September 2, 2012 letter to Jane M. Hicks from the U.S. Department of the Interior, Fish and Wildlife Service

(C) April 12, 2012 letter to Lieutenant Colonel Torrey A. DiCiro, District Engineer from U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service

(D) February 26, 2015 letter to Linda G. McIntyre, General Manager from California Central Coast Regional Water Quality Control Board


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(E) Coastal Development Permit 3-11-063 issued August 4, 2016.

13. Subcontractor Payment. Once Contractor has received a monthly progress payment, Contractor must pay all subcontractors within 15 days.

14. As-Built Drawings. Contractor must provide CAD drawings (24x36) showing as-built conditions, including final elevations.

15. Federally Funded Projects. This Project is funded in whole or in part by federal funds. The requirements of Part 18 of Title 49 of the Code of Federal Regulations, or any additional requirements that apply to the Contract under the terms of the funding agreement(s) between Owner and the federal agency or agencies providing federal funds, are fully incorporated by this reference and made part of the Contract Documents. Copies of any funding agreement between Owner and a funding agency will be made available upon request.

16. FEMA Funding Requirements. This Project is funded in whole or in part by the Federal Emergency Management Agency (FEMA), and subject to the applicable FEMA requirements, the provisions of which are incorporated by reference herein, including the following:

16.1 Contractor must comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (540 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

16.2 Owner has not adopted any reporting requirements.

16.3 Owner has not adopted any requirements or regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under a contract such as this.

16.4 Owner has not adopted any requirements or regulations pertaining to copyrights and rights in data.

16.5 This Contract may be subject to additional provisions in 44 C.F.R., Part 13, Subpart C, section 13.36(i).

END OF SPECIAL CONDITIONS


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ATTACHMENTSTO SPECIAL CONDITIONS


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Technical Specifications

DIVISION 1 GENERAL REQUIREMENTSSection 01100 Summary of Work

Section 01200 Measurement and Payment

Section 01310 Job Site Administration

Section 01320 Progress Schedules and Reports

Section 01330 Submittals

Section 01340 Safety and Environmental Submittal

Section 01350 Relations with California Coastal Commission and County of Monterey, Regional Water

Quality Control Board, and U.S. Army Corps of Engineers

Section 01410 Regulatory Requirements

Section 01420 References and Definitions

Section 01563 Dust and Air Pollution Control

Section 01564 Noise Control

Section 01567 Environmental Protection

Section 01725 Preservation of Property

Section 01770 Contract Closeout

DIVISION 2 SITE WORKSection 02060 Sand Placement

Section 02110 Clearing and Grubbing

Section 02200 Demolition and Removal

Section 02230 Aggregate Base, Pea Gravel, and Crushed Rock

Section 02270 Rock Slope Protection

Section 02300 Earthwork

Section 02373 Geotextile Fabric

North Harbor and South Harbor Shore Protection Repair ProjectTECHNICAL SPECIFICATIONS

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SECTION 01100

SUMMARY OF WORK

PART 1 GENERAL

1.1 SUMMARY

A. This section includes Summary of Work including:

1. Work Covered by the Contract Documents

2. Lump Sum

3. Bid Items

4. Work Under Other Contracts and Other Activities

5. Work Sequence

6. Cooperation of Contractor and Coordination With Other Work

7. Occupancy Requirements

8. Contractor use of Premises

9. Lines and Levels

10. Protection of Existing Structures and Utilities

11. Work Restrictions

12. Special Conditions and Restrictions Pertaining to Work

13. Permits

14. Security

15. Utilities

1.2 WORK COVERED BY THE CONTRACT DOCUMENTS

A. The Contract Documents describe the Work which includes removal, re-grading and reconstruction of shoreline revetment. All work is located at the Moss Landing North Harbor and South Harbor. The documents also contain information of the general furnishing of all labor, materials, appliances, tools, equipment, transportation, services and supervision required.

B. Work includes placement of engineered fill, where needed, to achieve proper grade and slope; removal and disposal of existing concrete rubble and debris along shoreline; sorting and stockpiling of rip-rap stone that meets the project specifications for armor stone, re-installation of geotextile fabric; repair and re-installation of a total of approximately 457 linear feet of rock riprap for shore protection; placement of sand fill at the toe of the North Harbor Site 1 revetment; and other miscellaneous requirements as specified in the Contract Documents.

C. The Work of this Contract includes Work covered by lump sum and unit prices.


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D. The Work of this Contract comprises all the Work shown on the Plans and described by the Contract Documents.

E. Unless provided otherwise in the Contract Documents, all risk of loss to the Work covered by the Contract Documents shall rest with the Contractor until Final Completion and Acceptance of the Work.

F. The Contractor’s use of the site for Work and storage is limited to the area designated on the Plans.

1.3 LUMP SUM

A. A lump sum will be paid for the completion of all items pertaining to the following Bid Items listed in Schedule A below: Mobilization and Demobilization for Shore Protection Repair Projects; Remove, Sort and Dispose Existing Stone and Debris, Re-grade Project Sites.

B. The lump sum prices to be paid shall include full compensation for performing all Work shown on the Plans and required in the Specifications or in any other manner required by the Contract Documents.

1.4 BID ITEMS

A. Unit prices will be paid for the completion of all items pertaining to the following Bid Items listed in Schedule A below: Geotextile Fabric; Armor Stone Rip-rap (North Harbor, Sites 1 and 2: 1/4 Ton RSP Class; South Harbor, Site 3: No. 1 Backing); Sand Fill (North Harbor, Site 1).

B. Any bid item may be deleted by Owner in total or in part prior to or after Award of Contract without compensation in any form or adjustment of other bid items or prices therefore.

C. The unit prices to be paid shall include full compensation for performing all Work shown on the Plans and required in the Specifications or in any other manner required by the Contract Documents.

Schedule A

General Project Items

ITEM 1:Mobilization and Demobilization for Shoreline Protection Projects. The lump sum (LS) price to be paid under this Item shall include full compensation for furnishing all labor, materials, appliances, tools, equipment, transportation, and services for doing all work involved in the Mobilization, Demobilization, and all other Work shown on the Plans or described in the Specifications herein or in any other manner required by the Contract Documents, not paid for under separate bid items listed under Schedule A of the Bid Schedule.

Except as otherwise specified, mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project sites; for the establishment of all staging areas, offices and other facilities necessary for the work on the projects; pre-construction surveying; post-construction surveying; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various bid items on the project sites.

Shore Protection

ITEM 2:Remove, Sort and Dispose Existing Stone and Debris, Re-grade Project Sites.The lump sum (LS) price to be paid under this item shall include removal and disposal of all existing concrete rubble, geotextile fabric and debris along the shoreline where the new rock riprap shall be placed. Existing armor Rip-Rap shall be removed and sorted such that stone meeting the CALTRANS specifications (North Harbor, Sites 1 and 2: ¼ Ton RSP (Rock Slope Protection) armor stone; South Harbor: No. 1 Backing) is retained. This item includes placement of engineered fill and re-grading of the shoreline, if


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necessary, to achieve the geometry specified in the plans and specifications. Items to be removed, sorted and disposed of include, but are not limited to, existing rip-rap armor stone, relic concrete and debris, and existing geotextile fabric.

ITEM 3:Geotextile Fabric. Unit price per square yard (SY) for procurement and installation of geotextile fabric for shore protection as shown on the drawings. (Final Pay Quantity)

ITEM 4:Armor Stone Rip-rap (North Harbor, Sites 1 and 2: 1/4 Ton RSP Class; South Harbor, Site 3: No. 1 Backing). Unit price per cubic yard (CY) for procuring and installing armor stone riprap for shore protection as shown on the drawings. (Final Pay Quantity)

ITEM 5:Sand Fill (North Harbor, Site 1). Unit price per cubic yard (CY) for furnishing and placing sand fill material for shore protection. (Final Pay Quantity)

C. Final Pay Quantities:

When the estimated quantity for a specific portion of the work is designated as a final pay quantity, the estimated quantity shall be the final quantity for which payment for the specific portion of the work will be made, unless the dimensions of the portion of the work shown on the plans are revised by the Engineer, or unless the portion of the work is eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result in an increase or decrease in the estimated quantity of the portion of the work, the final quantity for payment will be revised in the amount represented by the changes in the dimensions. If the specific portion of the work is eliminated, the final pay quantity designated for the specific portion of the work will be eliminated.

The estimated quantity for each specific portion of the work designated as a final pay quantity shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities.

When portions of an item have been designated as final pay quantities, portions not so designated will be measured and paid for in accordance with the applicable provisions of these Specifications and the Special Provisions.

1.5 WORK UNDER OTHER CONTRACTS, OTHER ACTIVITIES, AND FUTURE WORK

A. The Contractor shall coordinate its work fully and shall coordinate shared access fully with work which may occur within the limit lines of this Contract or at nearby areas.

1.6 WORK SEQUENCE

A. The Contractor shall accommodate Owner’s operation requirements during the construction period, and coordinate construction schedule and operations with the Owner.

1.7 COOPERATION OF CONTRACTOR AND COORDINATION WITH OTHER WORK

A. The Contractor shall coordinate with the Owner and its personnel, or other Contractors as required in the Specifications.

B. The Contractor shall employ a coordinator to constantly review the Contract Documents, the work of other contractors, submittals, changes, and prepare overlay Plans as necessary to avoid conflicts, errors, omissions and untimely construction.

1.8 OCCUPANCY/SUBSTANTIAL COMPLETION REQUIREMENTS


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A. The Contractor shall allow the Owner to take possession of and use any completed or partially completed portion of the Work during the progress of the Work as soon as it is possible without interference to the Work. Possession or use of a portion of the Work, installation and/or placing into operation of equipment by the Owner shall not in any way evidence the completion of the Work or any part of it.

B. The Contractor shall not be held responsible for damage to the occupied/used part of the Work resulting from the Owner’s occupancy.

C. Use or occupancy by the Owner prior to acceptance of Work does not relieve the Contractor of its responsibility to maintain insurance and bonds required under the Contract Documents until the entire Work is completed and accepted by the Owner.

D. Prior to date of the Owner’s Final Acceptance of the Work, all necessary repairs or renewals in Work or part thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship or to operations of Contractor, shall be made at expense of Contractor.

E. The Owner may specify in the Contract Documents that portions of the Work, including separate structures, shall be substantially completed on milestone dates prior to substantial completion of all of the Work. The Contractor shall notify the Owner in writing when the Contractor considers any such part of the Work ready for its intended use and substantially complete and request the Owner to issue a Certificate of Substantial Completion for that part of the Work.

1.9 CONTRACTOR USE OF PREMISES

A. Prior to commencement of Work, the Contractor and the Owner shall jointly survey the areas adjacent to the Project areas making permanent note and record of all features and site conditions. Damage of any nature to the adjacent Project areas shall be reported immediately to the Owner.

1.10 LINE AND LEVELS

A. The Contractor shall be responsible for the lines and levels.

1. The Contractor shall employ a California Licensed Professional Land Surveyor to establish and maintain all lines and levels necessary for the location and construction of the Work.

2. The Contractor shall complete a pre-construction topographic and bathymetric survey of existing conditions. Topographic survey shall be sufficient to generate breaklines of the existing revetment contours. Bathymetric survey is only necessary to a tidal elevation of MLLW.

2. The Contractor shall verify the levels shown on Plans with existing levels and notify the Owner of any discrepancies before proceeding with the Work.

3. A post-construction survey shall be completed by the Contractor. This will serve as verification that construction agrees with Plan design; it will also serve as as- built drawings for future monitoring efforts.

1.11 PROTECTION OF EXISTING STRUCTURES AND UTILITIES

A. The Plans indicate existing structures and other similar items and utilities, which are known to the Owner (e.g. site storm drain pipes)

B. The Contractor shall locate these known existing installations before proceeding with trenching, or other operations which may cause damage, shall maintain them in service where appropriate, and shall repair any damage to them caused by the Work, at no increase in Contract Sum.


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C. Additional utilities and other below grade structures, whose locations are unknown to the Owner may exist. If they are encountered, immediately report to the Owner for disposition of the same.

D. Remnant debris and piles are known to exist within the revetment footprints. These shall be removed by the contractor. In the event that foreign items are encountered in other areas of work, the Contractor shall also remove them, if they are in the way of construction, at no increase to contract price.

1.12 WORK RESTRICTIONS

A. Access: Land access to the site shall be via the parking areas at the Moss Landing Harbor North Harbor and South Harbors, as shown on the plans. Access may be shared with other Contractors in connection with other adjacent construction projects. Access to the site from the water shall be in accordance with the requirements of the Permits listed in Paragraph1.14 “PERMITS” and U.S. Coast Guard.

B. Parking: Parking for Contractor’s employee vehicles shall be confined to the Staging Areas, unless otherwise directed by the Owner.

C. Storage: Contractor’s equipment and materials may be stored at the Site in the Staging Areas. The Contractor shall be responsible for the security and equipment stored at the Site.

D. Working Hours: Work shall normally be performed during daylight hours of the week only.

E. Access by Government Authorities: Contractor shall at all times provide site access to employees, contractors and consultants of governmental authorities and the Owner with respect to environmental investigations and remediation activities at the site.

F. Minimize Interference with Public Access. Contractor shall also ensure that construction operations are conducted so as to minimize any interference with public access to the shoreline within and adjacent to the project sites. Construction activities shall be scheduled so that unaffected portions of the shoreline, parking, and existing commercial facilities remain available to the public.

1.13 SPECIAL CONDITIONS AND RESTRICTIONS PERTAINING TO WORK

A. Contractor shall submit to Owner a Work Plan which includes a description of the construction area, location of staging areas, identification of construction hours, on-site construction parking, detours, flagging, construction access route and other matters. The Work Plan is subject to review and approval of the Owner and the California Coastal Commission. Submit the Work Plan at least 15 days to the Owner prior to starting work at the site. Upon approval of the Work Plan, Contractor shall be required to comply with its requirements.

B. Contractor shall provide temporary construction fencing around the construction area prior to any construction activity to prevent encroachment into adjacent aquatic habitat or public area. The fencing shall be at least 6 ft. high, securely staked, and shall be maintained in good condition during the entire construction phase of the projects.

C. Contractor shall provide for a silt curtain immediately offshore of the revetment footprint. The silt curtain will act to reduce turbidity released into the water due to construction activities. Silt curtain is required at all shore protection repair locations in the North Harbor and South Harbor. It shall not interfere with defined eelgrass locations or with navigable waterways.

D. The construction areas are limited to the areas shown on the drawings.


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E. No construction materials, equipment, construction activity or personnel will be allowed in environmentally sensitive eelgrass or mudflat areas.

F. The Contractor’s Work Plan shall show that within 15 days of conclusion of construction activity all construction materials, debris, and equipment shall be removed from the site.

G. The Contractor’s Work Plan shall show that within 15 days of construction completion the site will be restored to pre-construction condition. This includes repair of any damaged parking lot pavement and curbing and general cleaning of areas affected by construction operations.

H. Contractor shall comply with requirements regarding noise, set forth in the City of Moss Landing, during construction; in addition to any other noise control limitations contained in the specifications, including Section 01564, Noise Control.

I. Contractor shall comply with the United States Cost Guard requirements for the safe boating and other navigational operations while performing work in the Old Salinas River or any other area where the Coast Guard has jurisdiction.

1.14 PERMITS

A. General Construction Permits: The Contractor shall, on behalf of the Owner, apply to the County of Monterey Building Department for a permit for the proposed Construction Work. The Contractor shall obtain the permit and pay all required fees. All other permits that may be required shall also be obtained by the Contractor or his subcontractor(s).

B. California Coastal Commission: The Owner has obtained a Coastal Development Permit (CDP) permit from the California Coastal Commission. A copy of the permit is available at the office of the Owner.

C. Army Corps of Engineers: The Owner has obtained a permit from the Army Corps of Engineers, based on their consultations with Regional Water Quality Control Board, California Fish and Wildlife, NOAA Fisheries, and the Department of Fish and Game. Copies of these permits are available at the office of the Owner.

D. Regional Water Quality Control Board: The Owner has obtained a permit from the Regional Water Quality Control Board for dredging and the placement of fill. A copy of the permit is available at the office of the Owner.

E. Contractor acknowledges that the Scope of Work includes services not provided under specific Bid Items that are reasonably necessary to comply with the Environmental Permits. In the event that an additional Environmental Permit necessary for the performance of the Work is issued, or an existing Environmental Permit is modified, after the Bid Submission date, the Contractor recognizes the terms, conditions and requirements of such Environmental Permit or modification may require the Contractor to perform services or to provide services or to provide materials which are different from the Scope

of Work in the Contract Documents.

In such event, the Contractor shall not be entitled to any adjustment in the ContractSum or Contract Times unless such change in the Work materially differs from the Work in the Contract Documents and such change could not be reasonably expected by the Contractor given the ordinarily encountered and generally recognized implementation of similar Environmental Permits. Contractor shall be responsible for its cost of evaluation the implications for the Work of the terms, conditions and restrictions of the Environmental permits, and of responding to any Requests for Proposals or Field Changes of the Owner which are issued in connection with the issuance of the Environmental Permits.


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F. The specification of specific permits applying to the Work shall not limit or restrict the obligation of the Contractor in the performance of the Work to comply with any and all other laws, regulations or permits which are described in the Contract Documents or which apply to the performance of the Work.

1.15 SECURITY

A. The Contractor shall be responsible for security of the Work and of its equipment and materials at the project sites.

B. The Contractor shall at all times exercise control over any persons or vehicles, other than from regulating agencies visiting the work site of its activities.

1.16 UTILITIES

A. Power, telephone, and water for Work at the site shall be provided by Contractor at his own expense. Except as noted, no utilities will be provided by Owner.

PART 2 PRODUCTS

2.01 REFERENCE STANDARDS

For products specified by association or trade standards, the Contractor shall comply with the requirements of the standard except where more rigid requirements are specified or are required by applicable codes.

PART 3 EXECUTION

Not used.

END OF SECTION


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SECTION 01200

MEASUREMENT AND PAYMENT

PART 1 – GENERAL

1.1 SUMMARY

A. This Section describes requirements and procedures for determining amount of work performed and for obtaining payment for work performed. This Contract included Work covered by both lump sum and unit prices.

1.2 DETERMINATION OF QUANTITIES

A. Quantity of the work to be paid for under any item for which a unit price is fixed in the Contract Documents shall be the number, as determined by the Owner, of units of work satisfactorily completed in accordance with Contract Documents or as directed by Owner. Unless otherwise provided, determination of number of units of work so completed will be based, so far as practicable, on actual measurement or count within prescribed or ordered limits, and no payment will be made for work done outside of limits.

Measurements and computations will be made by methods as the Owner may consider appropriate for class of work measured. Contractor shall immediately inform Owner of any disputes regarding quantity measurements, and shall immediately supply Owner with any documentation supporting such disputed measurements.

B. For material specified to be paid for by the linear foot, the unit shall be measured on a horizontal plane.

C. For material specified to be paid for by the square foot or square yard, the unit shall be measured on the surface area.

D. For material specified to be paid for by each unit, the unit shall be measured by number of individual units.

E. Material specified to be measured and paid for by volume will be inspected, estimated and recorded by the Engineer for comparison with quantities submitted with requests for payment. Weight tickets shall be provided for each load of material for verification. Pre- and post-construction elevation surveys will also be used to verify project completion and payment.

1.3 SCOPE OF PAYMENT

A. Payment to the Contractor at the unit price or other price fixed in the Contract for performing the Work required under any item, or at the lump sum price fixed in the Contract for performing all work required under the Contract Documents, and as either may be adjusted pursuant to any approved Change Order, shall be full compensation for completing, in accordance with the Contract Documents, all Work required under the item or under the Contract Documents, and for all expense incurred by the Contractor for any purpose in connection with the performance and completion of said Work, including all incidental work necessary for completion of the Work.

B. The Contract Price, which includes both lump sum and unit price, shall be deemed to include all costs necessary to complete the required Work, individual Work item or unit price item, and shall also include any costs for loss or damage arising from nature of Work or, prosecution of the Work, or from action of elements. Unless the Contract Documents expressly provide otherwise, the Contract Sum and each individual bid item and unit price item, respectively, shall be deemed to include:


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1. Any and all costs which may arise from any unforeseen difficulties encountered during, and all risks of any description connected with, prosecution of work, bid item or unit price item, respectively, until acceptance by the Owner;

2. All expenses which may be incurred due to suspension, or discontinuance of Work, bid item or unit price item, respectively, as provided in the Contract Documents;

3. Escalation to allow for cost increases between time of Contract award and completion of Work, bid item or unit price item, respectively.

C. Whenever it is specified herein that the Contractor is to do work or furnish materials of any class for which no price is fixed in the Contract Documents, it shall be understood that the Contractor is to do such work or furnish such materials without extra charge or allowance or direct payment of any sort, and that cost of doing work or furnishing materials is to be included in price bid, unless it is expressly specified herein, in particular cases, that work or material is to be paid for as extra work.

D. No payment shall be made for materials or equipment not yet incorporated into the Work.

E. For the materials and equipment referenced as subject to payment prior to incorporation into the Work, where the Contractor requests payment on the basis of such materials and equipment not incorporated in the Work, the Contractor must satisfy the following conditions:

1. The materials and/or equipment shall be delivered and suitably stored at the site or at another local location agreed to in writing, for example, a mutually acceptable warehouse.

2. Full title to the materials and/or equipment shall vest in the Owner at the time of delivery to the site, warehouse or other storage location.

3. Stockpiled materials and/or equipment shall be available for the Owner’s inspection, but the Owner shall have no obligation to inspect them and its inspection or failure to inspect shall not relieve the Contractor of any obligations under the Contract Documents. Materials and/or equipment shall be segregated and labeled or tagged to specifically identify this specific Contract Documents.

4. After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be removed and replaced with suitable materials and/or equipment at the Contractor’s expense. 5. At its expense, the Contractor shall insure the materials and/or equipment against theft, fire, vandalism, and malicious mischief, as well as any other coverage’s required under the Contract Documents.

6. The Contractor’s application for payment shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the Owner’s interest therein, all of which must be satisfactory to the Owner. This documentation shall include, but not be limited to, conditional releases of mechanics’ liens and stop notices from all those providing materials and equipment as to which the application for payment relates, as well as unconditional releases of the same from the same as to the previous applications for payment for which they have not already been provided.

1.4 BASIS OF PAYMENT

A. Unit Pay Quantities: When estimated quantity for specific portions of Work is listed in the Bid Schedule, the quantity of Work to be paid for shall be actual number of units satisfactorily completed in accordance with Contract Documents.


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B. Lump Sum: When estimated quantity for specific portion of Work is not indicated and unit is designated as lump Sum, payment will be on a lump sum basis for Work satisfactorily completed in accordance with Contract Documents.

C. The Owner does not expressly, or by implication, agree, warrant, or represent in any manner, that actual amount of Work will correspond with amount shown or estimated and reserves right to increase or decrease amount of any class or portion of Work, to leave out entire Bid Item or Items, or to add Work not included in Bid, when in its judgment such change is in best interest of the Owner. No change in work shall be considered waiver of any other condition of the Contract Documents. No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as otherwise expressly provided for in the Contract Documents, because of any differences between amount of Work actually done and estimated amount as set forth herein, or for elimination of extra Bid Items.

1.5 PROGRESS PAYMENTS

A. If requested by the Contractor, progress payments will be made monthly.

B. Payment Requests

1. Contractor shall submit to the Owner, following the last day of each month, five (5) copies of a request for payment for the cost of the Work put in place during the period from the 1st day of the previous month to the 30th day of the previous month. If the Contractor is late submitting its payment request, that payment request may be processed at any time during the succeeding one-month period, resulting in processing of the Contractor’s payment request being delayed for more than a day-for-day basis.

2. Payment requests may include, but are not necessarily limited to the following:

a. Material, equipment and labor incorporated into the Work, less any previous payments for the same.

b. Up to seventy-five percent (75%) of the actual cost (not bid cost) of major equipment identified in Paragraph 1.03.D above, if purchased and delivered to the site or stored off site, as may be approved by the Owner.

c. Up to fifty percent (50%) of the actual cost (not bid cost) of materials identified in Paragraph 1.03.D above specifically fabricated for the Projects that are not yet incorporated into the Work, provided such materials are located on the Site.

3. The Contractor shall, at the time any payment request is submitted, certify in writing the accuracy of the payment request.

4. No progress payment will be processed prior to the Owner receiving all requested, acceptable schedule update information.

5. Each payment request shall list each Change Order executed prior to date of submission, including the Change Order Number, and a description of the Work activities, consistent with the descriptions of original Work activities. The Contractor shall submit a monthly Change Order status log to the Owner.

6. If the Owner requires substantiating data, the Contractor shall submit information requested by the Owner, with cover letter identifying Project, payment request number and date, and detailed list of enclosures. The Contractor shall submit one copy of substantiating data and cover letter for each copy payment request submitted.

7. The Contractor shall promptly pay each Subcontractor or Subconsultant the amount to which such Subcontractor or Subconsultant is entitled, and shall, by an appropriate agreement with each Subcontractor or Subconsultant, require each Subcontractor or Subconsultant to make payments to its Sub-subcontractors or Sub-subconsultants in a similar manner. The Contractor shall submit on its behalf and on behalf of each


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Subcontractor or Consultant for which payment is being requested a conditional release of mechanics’ lien in statutory form for the Work which is the subject of each progress payment request and an unconditional release of mechanics’ lien in statutory form for the immediately preceding progress payment as to the Work of each.

C. Progress Payments

1. Upon receiving the Contractor’s payment request, the Owner will review the payment request and make necessary adjustments to percent of completion of each activity. One copy will be returned to the Contractor with description of adjustments made. All parties will update percentage of completion values in the same manner, i.e., express value of an accumulated percentage of completion to date.

2. The payment request may be reviewed by the Engineer and/or inspectors, inspectors, for the purpose of determining that the payment request is a proper payment request, and shall be rejected, revised or approved by the Owner pursuant to the cost breakdown prepared in accordance with this Section.

3. If it is determined that the payment request is not a proper payment request suitable for payment, the Owner shall return it to the Contractor as soon as practicable, but no later than five (5) days after receipt, together with a document setting forth in writing the reasons why the payment request is not proper. If the Owner determines that portions of the payment request is not proper or not due under the Contract Documents, then the Owner may approve the other portions of the payment request, and in the case of disputed item or defective work not remedied, may withhold up to 150% of the disputed amount from the progress payment.

4. As soon as practicable after approval of each request for progress payment, the Owner will pay to the Contractor in manner provided by law, an amount equal to ninety percent (95%) of the Owner’s estimate, or a lesser amount if so provided in Contract Documents, provided that payments may at any time be withheld if, in judgment of the Owner, Work is not proceeding in accordance with the Contract Documents, or the Contractor is not complying with requirements of the Contract Documents, or to comply with stop notices or to offset liquidated damages accruing or expected.

5. Before any progress payment or final payment is made, the Contractor may be required to submit satisfactory evidence that the Contractor is not delinquent in payments to employees, subcontractors, suppliers, or creditors for labor and materials incorporated into Work.

6. Progress payment for the mobilization and demobilization of the Contractor under Bid Item for mobilization and demobilization will be paid, subject to the other requirements of the Contract Documents, including retention, as follows:

(a) When the Owner’s estimate of the total amount of the material furnished and delivered and of the Work done by the Contractor (but not including cost for mobilization and demobilization bid item) is five percent (5%) or more of the Total Bid Price under that schedule; then the total amount earned for mobilization, to date, will be fifty percent (50%) of the bid item price for mobilization or two and one-half percent (2.5%) of the Total Bid Price under that schedule, whichever is lesser.

(b) When the Owner’s estimate, not including mobilization and demobilization costs, is ten percent (10%) or more of the Total Bid Price for that schedule, the total amount earned for mobilization, to date, will be seventy five percent (75%) of the total bid item price for mobilization or three and three-quarters percent (3.75%) of the Total Bid Price under that schedule, whichever is lesser. This amount will be included in the Engineer’s Estimate.

(c) When the Owner’s Estimate, not including mobilization and demobilization costs, is twenty percent (20%) or more of the Total Bid Price for that schedule, the total amount earned for mobilization, to date, will be ninety percent (90%) of the total bid item price for mobilization or five percent (5%) of the Total Bid Price under that schedule, whichever is lesser. This amount will be included in the Engineer’s Estimate.


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(d) Contractor shall provide the Owner with a detailed breakdown of the costs included in each of the mobilization and demobilization bid items to facilitate and clarify future progress payments to Contractor.

1.6 FINAL PAYMENT

A. As soon as practicable after all required Work is completed in accordance with the Contract Documents, including the Contractor’s maintenance after Final Acceptance, the Owner will pay to the Contractor, in manner provided by law, unpaid balance of contract price of Work, or whole contract price of Work if no progress payment has been made, determined in accordance with terms of the Contract Documents, less sums as may be lawfully retained under any provisions of the Contract Documents or by law.

B. Prior progress payments shall be subjected to correction in the final payment.The Owner’s determination of amount due as final payment shall be final and conclusive evidence of amount of Work performed by the Contractor under the Contract Documents, and shall be full measure of compensation to be received by the Contractor.

C. The Contractor and each assignee under an assignment in effect at time of final payment shall execute and deliver at time of final payment and as a condition precedent to final payment, Agreement and Release of Any and All Claims, discharging the Owner, its officers, agents, employees and consultants of and from liabilities, obligations, and claims arising under the Contract Documents.

PART 2 - PRODUCTS(Not Used)

PART 3 – EXECUTION

(Not Used)

END OF SECTION


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SECTION 01310

JOB SITE ADMINISTRATION

PART 1 GENERAL

1.1 SUMMARY

A. This section describes requirements for job site administration, including:

1. Owner’s Management Team2. Contractor’s Project Management Team

1.2 OWNERS MANAGEMENT TEAM

A. The Owner will be represented on this Contract by its Engineer, who will act personally or through designated representatives.

B. The Engineer as referenced in the definitions will be assigned to manage the Contract on behalf of the Owner. The Engineer, under authority from the Owner, has the responsibility to administer the Contract so that its completion may be accomplished in accordance with the Contract Documents. Should the performance of the Contractor or the quality of the Contractor’s work, or the materials furnished by the Contractor, fail to meet the standards specified, the Engineer may take such action or require such measures to be taken by Contractor as may be required to meet the requirements of the Contract.

C. Functions of the Engineer include, but are not limited to, the following:

1. Engineer functions as the primary Owner Representative with the Contractor in all matters concerning the Contract, monitoring the Contractor’s performance in all respects to ascertain that the Work is performed in accordance with all the requirements of the Contract.

2. The Engineer is the focal point of contact with the Contractor regarding clarification of discrepancies and resolution of questions of fact that areas during performance of the Work under the Contract. The Engineer also performs this role with regard to all agency and utility construction interfaces with the Work under this Contract.

3. The Contractor is required by the Contract to provide formal notice of any and all potential claims arising during the performance of the Work. The Engineer will administer the processing and resolution of any such claims in accordance with the requirements of the Contract.

4. All contractual correspondence shall be directed and processed through the Engineer unless otherwise specifically directed in the Contract. Any required orrequested interface between the Contractor and the Owner, or any other representative of the Owner, will be coordinated by the Engineer.

5. Except for emergencies unless otherwise assigned, the Owner’s Engineer reserves to itself the authority to act on the following items:

a. Instruct Contractor to start or stop the work. b. Authorize performance by Contractor of extra work or changed work beyond the Engineer’s monetary authority.

c. Authorize payment to Contractor for work performed.


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d. Authorize final acceptance of the Work.

1.3 CONTRACTOR’S PROJECT MANAGEMENT TEAM

A. The Contractor shall staff the Projects with a Project Manager and/or Foreman qualified and experienced in projects of this value, nature and complexity. The Project Manager/Foreman shall possess the competency, skills and authority specified in the General Conditions. The Contractor’s Project Manager /Foreman shall report directly to the Owner’s management team.

If during the course of the Projects, the Contractor finds it necessary to replace the Project Manager/Foreman, the name, qualifications, and experience of the proposed replacement shall be submitted to the Owner for acceptance.

B. The Contractor’s Project Manager /Foreman shall have the necessary skills and be able to handle all duties normal to projects of this scale and complexity.

C. The Contractor’s Project Manager/Foreman shall be capable of performing the following duties, including but not necessarily limited to:

1. Establish and maintain a project schedule and resolve construction related issues.

2. Coordinate permitting and construction activities to ensure timely completion of the Projects.

3. Coordinate activities of subcontractors with those of the Contractor and each other to insure timely completion of work.

4. Coordinate the activities of subcontractors to insure available manpower and adequate labor to maintain the Project schedule.

5. Coordinate necessary inspection with the Owner, approved Testing Laboratory, and other agencies as required for the progress of the Work.

6. Coordinate necessary inspections with the Owner to review the progress of the construction, and identify and resolve outstanding issues.

7. Coordinate the installation operation and maintenance of temporary utilities required during construction.

8. Observe and Supervise the Work for compliance with requirements of the Contract Documents.

9. Assemble Project Record Documents and ensure that completed Project Record Documents are submitted to the Owner in accordance with Section 01770, Contract Closeout, and other requirements of the Contract Documents. PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.


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END OF SECTION


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SECTION 01320

PROGRESS SCHEDULES AND REPORTS

PART 1 GENERAL

1.1 SUMMARY

A. Scheduling of Work shall be performed by the Contractor in accordance with requirements of this Section. Contractor shall develop a Project Schedule, cost and resource loading of the schedule, monthly payment requests and project status reporting requirements of the Contract Documents.

B. Upon Award of Contract, the Contractor shall immediately commence development of the Project Schedule, and submit at the pre-construction conference.

1.2 GENERAL

A. The Project Schedule shall be based on and incorporate milestone and completion dates specified in the Contract Documents.

B. The Progress Schedule shall be the basis for evaluating job progress, payment requests, and any time extension requests.

C. Activity durations shall be in Work days. Contractor shall include a list of anticipated non-Work days, such as holiday and weekends.

D. Failure to include any element of the Work or any inaccuracy in construction Schedules will not relieve the Contractor from responsibility for accomplishing the Work in accordance with the Contract Documents.

E. The Contractor shall transmit contract schedule files to the Owner on a compact disc (CD) or via email at times requested by the Owner.

1.3 SCHEDULE REVISIONS

A. Updating the schedule to reflect actual progress shall not be considered revisions to the schedule.

B. To reflect revisions to the schedule, the Contractor shall provide the Owner with a written narrative with a full description and reasons for each Work activity revised.

C. At the Owner’s discretion, the Contractor may be required to provide subcontractor certifications of performance regarding proposed schedule revisions affecting said subcontractors.

1.4 TIME EXTENSIONS

A. The Contractor is responsible for requesting time extensions for time impacts that, in the opinion of the Contractor, impact the critical path of the current schedule update.

B. Where an event for which either the Contractor or the Owner is responsible impacts the projected Substantial Completion date, the Contractor shall provide a written mitigation plan, including a schedule diagram, which explains how (e.g. increase crew size, overtime, etc.) the impact can be mitigated. The Contractor shall also include a detailed cost breakdown of the labor, equipment and material the Contractor would expend to mitigate Owner caused time impact. The Contractor shall submit its mitigation plan to the Owner within seven (7) calendar days from the date of discovery of said impact. The Contractor is responsible for the cost to prepare the mitigation plan.


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C. The Owner will not be obligated to consider any time extension request unless requirements of Contract Documents are complied with.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

END OF SECTION


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SECTION 01330

SUBMITTALS

PART 1 GENERAL

1.1 SUMMARY

A. This section describes general requirements for Contractor’s submittals which include

a. Project Work Plan (includes planning logistics and progress schedule)b. Project Health and Safety Planc. Project Environmental Pland. Materials and Materials Testing Resultse. Survey data (pre-construction and post-construction) for payment verification and as- built drawing creation

1.2 PROCEDURES

A. All submittals shall be submitted to the Owner for review and approval in accordance with the Contract. Submittal costs will be borne by the Contractor.

B. Each submittal shall be accompanied by a standard letter of transmittal in a form approved by the owner. On each, identify the project, the Contractor, subcontractor, major supplier, pertinent drawing sheet and detail number, and specification section number as appropriate. Provide space for the Contractor and the Owner’s review stamps. Where manufacturer’s standard drawings or data sheets are used, they shall be marked clearly to show those portions of the data which are applicable to these projects.

C. The submittals shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show the Owner, the materials, and equipment the Contractor proposes to utilize and to enable the Owner to review the information for the limited purposes specified below. Material samples shall be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which it is intended.

D. The Project Work Plan shall include, among other things, a description of the type of equipment expected to be used, how the Contractor anticipates completing the projects, the expected project schedule, typical working hours and stone placement procedures.

E. The Project Health and Safety (H&S) Plan shall include, among other things, identification of the on-site H&S Officer, the Contractor’s general safety plan, location of nearest primary care facility; MSDS sheets (if necessary), and other H&S items, as deemed appropriate. See Section 01340 for additional information.

F. The Project Environmental Plan shall include, among other things, best management practices to be employed to prevent spills and leaks of hazardous chemicals to the surrounding waterways, best management practices to prevent sediment and turbidity discharge to the waterways (including erosion controls), the Contractor’s spill cleanup material location and procedures should a spill be realized, and other environmental protection practices to be employed. See Section 01340 for additional information. G. Anticipated variations from project design or specifications shall be clearly defined and justified in a submittal letter to the Owner for approval.

H. Other submittals will include:


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a. Receipts of all materials delivered to the site. Payment will not be made without copies of all receipts submitted accordingly.b. Certifications of materials (or testing results, if appropriate).

c. Pre-survey and Post-survey results (raw and processed data). Processed data shall be in AutoCAD format (2004 or later).

I. Submittal coordination and verification is responsibility of the Contractor, this responsibility shall not be delegated in whole or in part to subcontractors or suppliers. Before submitting, the Contractor shall have reviewed and coordinated each item with other drawings and samples and with the requirements of the Work and the Contract Documents, and shall have determined and verified:

1. All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto;

2. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work; and

3. All information relative to the Contractor’s sole responsibilities and of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto.

F. The Contractor’s submission of these items will constitute the Contractor’s representation that it has satisfied its obligations under the Contract Documents, and as set forth immediately above, with respect to the Contractor’s review and approval of that submittal.

G. Designation of work “by others”, if shown in submittals, shall mean that work will be responsibility of the Contractor rather than subcontractor or supplier who has prepared submittals.

H. After review of each of the Contractor’s submittals, one set of duplicates of material will be returned to the Contractor with actions defined as follows:

1. NO EXCEPTIONS TAKEN – Accepted subject to its compatibility with future submittals and additional partial submittals for portions of the work not covered in this submittal. Does not constitute approval or deletion of specified or required items not shown on the submittal.

2. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) – Same as 1. above, except that minor corrections as noted shall be made by the Contractor.

3. REVISE AND RESUBMIT – Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Owner.

4. REJECTED – RESUBMIT – Submitted material does not conform to Contract Documents in major respect, i.e.: wrong size, model, capacity, or material.

5. SUBMIT SPECIFIED ITEMS – Submit listed items as required in specifications.

I. It is considered reasonable that the Contractor shall make a complete and acceptable submittal at least by second submission. The Owner reserves the right to deduct monies from payments due the Contractor to cover additional costs of the Owner’s and the Engineer’s review beyond the second submission. Illegible submittals will be rejected and returned to the Contractor for resubmission.

J. Favorable review will not constitute acceptance by the Owner of any responsibility for the accuracy, coordination and completeness of the submittals. Accuracy, coordination, and completeness of submittals shall be sole responsibility of the Contractor. The Owner’s review will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given


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in the Contract Documents and be compatible with the design concept of the completed Projects as indicated by the Contract Documents.

K. It shall be the Contractor’s responsibility to copy, conform and distribute reviewed submittals in sufficient numbers for the Contractor’s files, subcontractors and vendors.

L. After the Owners review of submittal, revise and resubmit as required. Identify changes made since previous submittal.

1. Begin no fabrication or work which require submittals until return of submittals not requiring re-submittal.

2. Normally, submittals will be processed and returned to the Contractor within fourteen(14) calendar days of receipt.

M. All submittals shall be number-identified by the Contractor, in accordance with the following:

1. The contractor shall use the Specifications list as the basis for number identification of all shop drawings and submittals.

2. Affix the specification number under which each submittal is made on every copy of each shop drawing, product data, sample, certification, O & M manual, etc. (e.g., sand type would bear the number “02060”).

3. All submittals shall include all information requested by each specification section. No partial submittals will be accepted unless previously authorized by the Owner.

N. Submission Requirements:

1. Schedule submissions at least fourteen (14) calendar days before dates reviewed submittals will be needed.

2. Submit four (4) sets of hard copies of submittals for distribution plus four (4) copies which will be retained by the Owner.

3. Submit two (2) Samples of materials, unless otherwise specified.

4. Accompany submittals with transmittal letter, in duplicate, containing: Date, and revision date and submittal log number

Project TitleContractor’s Name and Address Specification Section clearly identifiedThe quantity of each Shop Drawing, Product Data and Samples submittedNotification of deviations from Contract DocumentsMaterials Safety Data Sheet (MSDS) for each item complying with OSHA’s Hazard Communication Standard 29 CFR 1910.1200Other pertinent data

5. Submittal shall include:

Date and revision dates.Revisions, if any identified. Project Title and number; The names of The Architect/Engineer, Contractor, Subcontractor, Supplier, Manufacturer, and separate detailer, when pertinentField dimensions, clearly identified as such


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Specification Section number and applicable detail reference numbers on the drawingsApplicable standards, such as ASTM, ANSI, or ACIA blank space, on each Drawings or data sheet, 5” x 4” for the Architect/Engineer’s stampIdentification of deviations from Contract DocumentsContractor’s stamp, initialed or signed, with language certifying the review of submittals, verification of field measurements, construction criteria and technical standards in compliance with Contract Documents

1.3 SCHEDULE OF SUBMITTALS

A. Submit preliminary Schedule of Shop Drawing and Sample Submittals as required by General Conditions. Submit six (6) copies of final and accepted schedule of submittals of shop drawings and samples, and in no event later than thirty (30) calendar days prior to dates when reviewed submittal will be needed. The Schedule of Shop Drawings and Sample Submittals shall include specific dates when each respective submittal will be submitted.

1.4 HEALTH and SAFETY PLAN

A. See Section 01340.

1.5 ENVIRONMENTAL PLAN

A. See Section 01340.

1.6 PROGRESS SCHEDULE

A. See Section 01320, Progress Schedules and Reports, for schedule and report requirements.

B. The project schedule shall be submitted as a section or appendix of the Work Plan:

1. Project Schedule at the Preconstruction Conference (covering in detail first 60 calendar days of contract performance, and at a summary level for remainder of contract).

2. Complete Project Schedule within 15 calendar days of the Notice to Proceed date (covering in detail entire Work of Contract to completion).

3. Project Schedule updates monthly, seven (7) calendar days prior to monthly progress meeting.

1.7 PRODUCT DATA

A. Within 15 calendar days after Notice to Proceed, submit six (6) copies of complete list of major products proposed for use, with name of manufacturer. Tabulate product data by specification section number.

B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.

C. Product or Catalog Data:

1. Manufacturers standard drawings shall be modified to delete non-applicable data or include applicable data.

2. Manufacturers catalog sheets, brochures, diagrams, schedules, charts, illustrations and other standard descriptive data shall be:


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a. Mark each copy to identify pertinent materials, products, or models.

b. Show dimensions and clearances required; performance characteristics and capacities; wiring diagrams and controls.

1.8 SHOP DRAWINGS (if applicable)

A. Minimum Sheet Size: 8-1/2 inches by 11 inches. All others: Multiples of 8-1/2 inches by 11 inches, 34 inches by 44 inches maximum.

B. Mark each copy to identify applicable Products, models, options, and other data; supplement manufacturer’s standard data to provide information unique to Work.

C. The Contractor shall be responsible for procuring copies of shop drawing for their own use as they may require for the progress of the work.

D. Shop drawings shall be drawn to scale and completely dimensioned, giving plan together with such sections as are necessary to clearly show construction detail and methods.

1.9 SAMPLES

A. Include identification on each sample, giving full information.

B. Submit 2 (two) samples unless otherwise specified. One (1) will be retained.

C. No review of a Sample shall be taken in itself to change or modify the requirements in the Contract Documents.

D. Finishes, materials, and workmanship in the completed Work shall match accepted Sample.

1.10 COMPOSITE DRAWINGS

A. The Contractor shall prepare composite drawings and installation layouts, where required, to solve field conditions.

B. Drawings shall consist of dimensioned plans and elevations and shall give complete information, particularly as to size and location of sleeves, inserts, attachments, openings, conduit, ducts, boxes, and structural interferences.

C. Composite shop drawing and field installation layouts shall be coordinated in field by the Contractor and his or her subcontractors for proper relationship to work of applicable trades based on field conditions and shall be checked and approved by them for submission to the Owner for final acceptance.

1.11 QUALITY CONTROL SUBMITTALS (if applicable)

A. Design Data: Submittals requiring design data shall be signed and stamped by a professional engineer registered in the State of California.

B. Test Reports: Five (5) copies. One (1) copy will be marked with the Owner review comments and returned to the Contractor.

1. Indicate that material or product conforms to or exceeds specified specifications.

2. Reports may be from recent or previous tests on material or product, but must be acceptable to the Owner. Comply with requirements of each individual specification Section.


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C. Certificates: Five (5) copies. One (1) copy will be marked with the Owner’s review comments and returned to the Contractor.

1. Indicate that material or product conforms to or exceeds specified specifications.

2. Submit supporting reference data, affidavits, and certifications as appropriate.

D. Manufacturer’s Instructions: Five (5) copies. One (1) copy will be marked with the Owner’s review comments and returned to the Contractor.

1. Include manufacturer’s printed instructions for delivery, storage, assembly, installation, startup, adjusting, and finishing.

2. Identify conflicts between manufacturer’s instructions and Contract Documents.

1.12 OPERATIONS AND MAINTENANCE MANUALS (if applicable)

A. Submit five (5) copies of manufacturer’s operations and maintenance manuals. If necessary, two (2) copies will be marked with Owner’s review comments and returned to the Contractor for correction until satisfactory information is provided.

B. Operations and maintenance manuals shall include the following as appropriate:

1. Operating instructions

2. Preventive maintenance instructions

3. Cleaning instructions

4. Safety precautions

5. Trouble shooting procedures

6. Theory of operation to discrete component level

7. Schematic diagrams, flow diagrams, wiring diagrams, logic diagrams, etc. to discrete component level

8. Parts lists showing all discrete components with part number, current prices and availability

9. List of replaceable supplies; with part numbers, current prices and availability

10. Recommended levels of spare parts and supplies to keep on hand

11. Manufacturers’ service and maintenance technical manuals 12. Names, addresses and telephone numbers of local service and repair firms for the equipment

C. Manuals shall be the same as are used by manufacturers’ authorized technicians to completely service and repair the equipment.

PART 2 PRODUCTS

Not used.


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PART 3 EXECUTION

Not used.END OF SECTION


Page 99

SECTION 01340

SAFETY AND ENVIRONMENTAL SUBMITTALS

PART 1 GENERAL

1.1 SCOPE

Prepare and submit written safety and environmental Plans and Programs as specified herein prior to start of site work. All written safety and environmental Plans and Programs required to be submitted herein will be reviewed by the Owner prior to the Contractor starting work at the site.

1.2 OWNER’S REVIEW OF SUBMITTALS

Neither the Owner's review of, nor comments on, any of the submittals shall constitute a representation of warranty as to compliance with any legal requirements. The Owner reserves the right to reject all or portions of a submittal as inadequate to protect health, safety, or the environment. If project conditions change, promptly update the Plans and Programs, as appropriate, and submit the revised Plans and Programs at no additional charge to the Owner.

1.3 PLANS AND PROGRAMS

A. Submit the following items within fourteen (14) calendar days of the Notice to Proceed and prior to starting work at the site.

1. Health and Safety Plan. Describe the health and safety hazards anticipated in performing the work, and measures to be taken to reduce those hazards and to protect employees and the public. Include procedures for identifying and reporting unforeseen hazards.

Identify an individual(s), either an employee or subcontractor, who is trained in accordance with CCR Title 8, Section 5192 (Cal/OSHA), Hazardous Waste Operations and Emergency Response (HAZWOPER), and who is qualified to identify potentially hazardous wastes or contaminated soils which might be encountered on the jobsite. Describe methods of identifying these materials and communicating the findings to the Owner. The Plan does not need to comply with CCR Title 8, Section 5192 (Cal/OSHA).

2. Soil and Groundwater Management Plan:

Describe how any disturbed soil or collected water will be handled, including temporary storage, testing and/or treatment, and disposal. Identify all activity where potential exists for waste to be generated.

Where feasible, excavated soil from utility trenching may be placed back within the utility corridor near the original excavation.

Soil that cannot be placed back in the utility trench, and waste generated from other activities shall be tested by the Contractor as per General Conditions. The Contractor shall provide the name of an analytical laboratory, contact name for coordinating environmental testing, and waste hauler. In addition, the Plan must include a section describing soil management measures to be implemented during the performance of the work, to prevent soil pollution.

3. Debris Containment Program:

Describe the control of debris generated by the performance of the work and how the work area will be maintained unencumbered by the debris confined inside the work area.


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Foreign Material Containment. Measures shall be implemented to prevent foreign materials (e.g. construction scraps, wood preservatives, other chemicals, etc.) from entering the harbor or other state waters. A floating containment boom, netting, or functional equivalent shall be placed around all active portions of a construction site where wood scraps or other floatable debris could enter the water. For any work on or beneath fixed decking, heavy-duty mesh containment netting shall be maintained below all work areas where construction discards or other material could fall into the water. The floating boom and net shall be cleared daily or as often as necessary to prevent accumulation of debris. Contractor shall insure that work crews are briefed on the importance of observing the appropriate precautions, implementing these measures, and reporting any accidental spills. Failure by the Contractor to retrieve and/or clean up of improperly contained foreign material will result in a penalty of $1000/day plus the actual cost of work performed by the Owner for clean-up per paragraph 4.13 and 6.3 of the General Conditions including any cost imposed by regulatory agencies.

4. Dust and Air Pollution Management Plan:

Describe measures to be taken to control dust and prevent air pollution resulting from the performance of the work. Describe in detail how dust and air emissions generated during the performance of the work will be minimized, controlled, and contained.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

Not Used.

END OF SECTION


Page 101

SECTION 01350

RELATIONS WITH CALIFORNIA COASTAL COMMISSION AND COUNTY OF MONTEREY, REGIONAL WATER QUALITY CONTROL BOARD, AND U.S. ARMY CORPS OF ENGINEERS

PART 1 GENERAL

1.1 SUMMARY

A. This section describes requirements respecting certain federal, state and regional governmental agencies who have jurisdiction over portions of the Work and who have issued permits prior to the performance of the Work which is in the jurisdiction of such governmental agency. The specific referencing of such permits shall not limit or restrict the obligation of the Contractor to comply with the conditions of all permits affecting the Work, as set forth in the General Conditions.

1.2 RELATIONS WITH THE CALIFORNIA COASTAL COMMISSION AND COUNTY OF MONTEREY

A. The California Coastal Commission, in conjunction with the County of Monterey, will act as “responsible agencies” for these projects The County of Monterey has design approval for the portions of the work to be performed under this contract, while the Coastal Commission has permitting authority. A Coastal Development permit has been issued and approved by the County and Coastal Commission, permit file 3-01-016. The Contractor shall fully inform itself of and comply with all rules, regulations and special conditions in the Permit.

B. A copy of the Coastal Development Permit is available for review at the office of the Moss Landing Harbor District, 7881 Sandholdt Road, Moss Landing, California 95039.

C. Any changes in the Coastal Development Permit conditions proposed by the Contractor shall be submitted to the Owner for transmittal to the California Coastal Commission and the County of Monterey for their approval. Changes shall not be implemented until approved in writing by the California Coastal Commission and the County of Monterey.

1.3 RELATIONS WITH STATE WATER RESOURCES CONTROL BOARD AND REGIONAL WATER QUALITY CONTROL BOARD

A. These projects are within an area controlled by the Central Coast Regional Water Quality Control Board. A permit application will be submitted by the Owner for issuance by the Regional Water Quality Control Board for portions of the work to be performed under this contract. The Contractor shall fully inform itself of all rules, regulations and conditions that may govern its operations in said area and shall conduct his work accordingly.

B. A copy of the permit will be available for review at the office of Moss Landing Harbor District, 7881 Sandholdt Road, Moss Landing, California, 95039.

C. Any change in the waiver of Waste Discharge Requirements conditions proposed by the Contractor shall be submitted to the Owner for transmittal to the Regional Water Quality Control Board for their approval. Changes shall not be implemented until approved in writing by the Regional Water Quality Control Board.

D. As the projects are expected to disturb less than one acre of land, coverage is not required under the State Water Resources Control Board Construction (SWRCB) General Permit Order 2009-009-DWQ. However, the contractor shall fully inform itself of all rules and regulations of the SWRCB as they relate to Construction Storm Water. If the contractor disturbs one or more acres of land, then the contractor shall fulfill all requirements of General Permit Order 2009-009-DWQ. The contractor shall inform the Owner immediately if more than one acre is disturbed.


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1.4 RELATIONS WITH THE U.S. ARMY CORPS OF ENGINEERS

A. The projects are within an area controlled by the U.S. Army Corps of Engineers. A permit application has been submitted by the Owner for issuance by the U.S. Army Corps of Engineers covering work to be performed under this Contract. The Contractor shall fully inform itself of all rules, regulations and conditions that may govern its operations in said area and shall conduct his work accordingly.

B. A copy of the permit will be available for review at the office of Moss Landing Harbor District, 7881 Sandholdt Road, Moss Landing, California, 95039.

C. Any change in the conditions proposed by the Contractor shall be submitted to the Owner for transmittal to the U.S. Army Corps of Engineers for their approval. Changes shall not be implemented until approved in writing by the Owner.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

END OF SECTION


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SECTION 01410

REGULATORY REQUIREMENTS

PART 1 GENERAL

1.1 SUMMARYThis section includes regulatory requirements applicable to the Contract Documents. Specific reference in the specifications to codes and regulations or requirements of regulatory agencies shall mean the latest printed edition of each adopted by the regulatory agency at the date of submission of bids unless the document referenced is shown dated.

Should any conditions develop not covered by the Contact Documents wherein the finished work will not comply with current codes, a change order detailing and specifying the required work shall be submitted to and approved by the Owner before proceeding with the Work.

1.2 SUBMITTALS Not Used

1.3 REFERENCES TO REGULATORY REQUIREMENTS

A. Codes, laws, ordinances, rules and regulations referred to shall have full force and effect as though printed in full in these specifications. Codes, laws, ordinances, rules and regulations are not furnished to the Contractor, since the Contractor is assumed to be familiar with their requirements. The listing herein of applicable codes, laws, and regulations for hazardous waste abatement work is supplied to the Contractor as a courtesy and shall not limit the Contractor’s responsibility for complying with all applicable laws, regulations or ordinances having application to the Work. Where conflict among the requirements exists, the most stringent requirements shall be used.

B. Conform to referenced codes, laws, ordinances, rules and regulations.

C. Precedence:

1. Where specified requirements differ from the requirements of applicable codes, ordinances and standards, the more stringent requirements shall take precedence.

2. Where the Plans or Specifications require or describe products or execution of better quality, higher standard or greater size than required by applicable codes, ordinances and standards, the Plans and Specifications shall take precedence so long as such increase is legal.

3. Where no requirements are identified in the Plans or Specifications, comply with all requirements of applicable codes, ordinances and standards of governing authorities having jurisdiction.

1.4 CODES

Codes which apply to the Contact Documents include, but are not limited to, the following:

A. California Building Code

B. Uniform Building Code

C. Monterey County Building Code

1.5 LAWS, ORDINANCES, RULES AND REGULATIONS


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A. During prosecution of Work to be done under the Contract Documents, comply with applicable laws, ordinances, rules and regulations, including, but not limit to Federal, State of California, and Regional and Local Agencies.

B. Other Applicable Laws, Ordinance and Regulations:

1. Work shall be accomplished in conformance with all rules and regulations of public utilities and utility districts.

2. Where such laws, ordinances rules and regulations require more care or greater time to accomplish Work, or require better quality, higher standards or greater size of products, Work shall be accomplished in conformance to such requirements with no change to the Contract Time and Contract Sum, except where changes in laws, ordinances, rules and regulations occur subsequent to the execution date of the Agreement.

1.6 CONFLICTS

A. Between referenced regulatory requirements: Comply with the one establishing the more stringent requirement.

B. Between referenced regulatory requirements and the Contact Documents: Comply with the one establishing the more stringent requirement and in accordance with GC 1.2.5.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

END OF SECTION


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SECTION 01420

REFERENCES AND DEFINITIONS

PART 1 GENERAL

1.1 SUMMARY

A. This section includes reference standards, abbreviations, symbols and definitions used in the Contract Documents.

B. Material and workmanship specified by reference to number, symbol, or title of specific standard such as state standard, commercial standard, federal specifications, technical society, or trade association standard, or other similar standard shall comply with requirements of standards except when more rigid requirements are specified or required by applicable codes.

C. Standards referred to, except as modified herein, shall have full force and effect as though printed in the Contact Documents. Standards are not furnished to the Contractor, since manufacturers and trades involved are assumed to be familiar with their requirements.

1.2 REFERENCE TO STANDARDS AND SPECIFICATIONS OF TECHNICAL SOCIETIES; REPORTING AND RESOLVING DISCREPANCIES:

A. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or laws or regulations in effect at the time of Proposals, except as may be otherwise specifically stated in the Contact Documents.

B. If during the performance of the Work, the Contractor discovers any conflict, error, ambiguity of discrepancy within the Contract Documents or between the Contact Documents and any provision of any such law or regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any instruction of any supplier, the Contractor shall report it in writing at once to the Owner, and the Contractor shall not proceed with the Work affected thereby until consent to do so is given by the Owner.

C. Except as otherwise specifically stated in the Contact Documents or as may be provided by Change Order, or Field Change, the provisions of the Contact Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and:

1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents) ; or

2. The provision of any such law or regulations applicable to the performance of the Work (unless such an interpretation of the provision of the Contract Documents would result in violation of such law or regulation).

No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of Owner, the Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to Owner, or any of their consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contact Documents.

D. The Contractor shall comply with the applicable portions of standards and specifications published by the technical societies, institutions, associations and governmental agencies referred to in the Contact Documents.


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E. Referenced Grades Classes and Types: Where an alternative or optional grade, class or type of product or execution is included in a reference but is not identified in the Contract Documents, provide the highest, best and greatest of the alternatives or options for the intended use and prevailing conditions.

F. Edition Date of References:

1. When an edition or effective date of a reference is not given, it shall be understood to be the current edition or latest revision published as of the date of opening Bids.

2. All amendments, changes, errata and supplements as of the effective date shall be included.

G. ASTM and ANSI References: Specifications and Standards of the American Society for Testing and Materials (ASTM) and the American National Standards Institute (ANSI) are identified in the Plans and Specifications by abbreviation and number only and may not be further identified by title, date, revision or amendment. Contractor shall be familiar with and shall have access to these nationally-and industry-recognized specifications and standards.

1.3 STANDARDS

A. ANSI (American National Standards Institute, formerly American Standards Association)

B. ASTM (American Society for Testing and Materials) C. ICBO (International Conference of Building Officials)D. NEMA (National Electric Manufacturer’s Association)E. NFPA (National Fire Protection AssociationF. UL (Underwriters’ Laboratories, Inc.)

1.4 ABBREVIATIONS

A. Listed hereinafter are the various organizations or references which may appear in the Contact Documents, along with their respective acronyms and/or abbreviations:

ACI American Concrete Institute

AISC American Institute of Steel Construction AITC American Institute of Timber Construction

ANSI American National Standards Institute (formerly American Standards Association)

APA American Plywood Association

ASME American Society of Mechanical Engineers ASTM American Society for Testing and MaterialsCal/OSHA California Occupational Safety and Health Administration Caltrans State of California, Department of TransportationCCR California Code of Regulations CFR Code of Federal Regulations COChange OrderCPUC California Public Utilities Commission FS Federal SpecificationsICBO International Conference of Building Officials

I.D. Identification

Kw Kilowatt

NBS National Bureau of Standards NFPA National Fire Protection Association


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OSA Division of State Architect (formerly known as the Office of the State Architect)

PS Product Standard, U.S. Department of Commerce RFI Request for InformationRFS Request for Substitution

SFM State of California, Office of State Fire Marshal UBC Uniform Building CodeUFC Uniform Fire Code

UL Underwriters Laboratories, Inc.

B. ABBREVIATION AND SYMBOLS IN PLANS

Additional abbreviations, used on Plans, and symbols are shown thereon.

1.5 DEFINITIONS

A. Wherever any of the words or phrases defined below, or a pronoun used in place thereof, is used in any part of the Contact Documents, it shall have the meaning here set forth:

ADDENDUM/ADDENDA: Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the bidding requirements or the Contact Documents.

AGREEMENT: Agreement is the basic contact document that binds the parties to construction Work. Agreement defines relationships and obligations between Owner and the Contractor and by reference incorporates Conditions of Contact, Drawings, Specifications and contains Addenda and all Modifications subsequent to execution of Contract.

ALTERNATE: Work added to or deducted from the Proposal.

APPROVED EQUAL: Approved in writing by Owner as being of equivalent quality, utility and appearance.

ENGINEER: The person holding a valid California State Engineer’s license, or the firm who has been designated within the Contract Documents as the Engineer who provided engineering services on the Projects, and who may have engaged subconsultants to provide services on the Projects.

ATTORNEY: The Owner’s Attorney of the Board.

BID: The offer or bid of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

BID DOCUMENTS: All documents including documents supplied for bidding purposes only and Contract Documents.

BIDDER: Person, firm, entity or association who submits a Bid.

BY OTHERS: Work that is outside scope of Work to be performed by the Contractor under the Contract Documents, which will be performed by other contractors, or other means.

CHANGE ORDER: A written instrument prepared by Owner and signed by Owner and the Contractor, stating their agreement upon all of the following:

a. A change in the Work,

b. The amount of the adjustment in the Contract Sum, if any, and c. The amount of the adjustment in the Contact Time, if any.


Page 108

CONCEALED: Work not exposed to view in the finished Work, including within or behind various construction elements.

CONTRACT CONDITIONS: Conditions of Contact define basic rights, responsibilities and relationships of the Contractor and Owner and consists of the General Conditions and Special Conditions.

CONTRACT DOCUMENTS or CONTRACT: Contract Documents shall consist of the documents identified Agreement, plus all changes, Addenda and Modifications thereto. CONTRACT MODIFICATION: Either:

a. A written amendment to the Contact Documents signed by the Contractor and Owner or b.A Change Order, orc. A written directive for a minor change in the Work issued by Owner.

CONTRACT SUM: The sum stated in the Agreement and, including authorized adjustments, the total amount payable by Owner to the Contractor for performance of the Work and the Contract Documents. The Contract Sum is also referred to as the Contract Price or the Contract Amount.

CONTRACT TIMES: The number or numbers of days or the dates stated in the Agreement to achieve Substantial Completion of the Work or designated milestones.

CONTRACTOR: The person or entity identified as such in the Agreement and referred to throughout the Contract Documents as if singular in number and neuter in gender. The term “Contractor” means that the Contractor or its authorized representative.

CONTRACTORS EMPLOYEES: Persons engaged in execution of Work underthe Contract Documents as direct employees of the Contractor, as subcontractors, or as employees of subcontractors.

COUNTY: County of Monterey.

DATE OF SUBSTANTIAL COMPLETION: Date of Substantial Completion of Work or designated portion thereof is date certified by the Owner when construction is sufficiently complete in accordance with Contract Documents for Owner to occupy Work or designated portion thereof and have beneficial use of it for the purposes intended.

DAY: One calendar day, unless the word “day” is specifically modified to the contrary.

DEFECTIVE: An adjective which, when modifying the word “Work”, refers to Work that is unsatisfactory or unsuited for the use intended, faulty, or deficient, that it does not conform to the Contract Documents, or does not meet the requirementsof any inspection, reference standard, test or approval referred to in the Contract Documents (including but not limited to approval of samples and “or equal” items), or has been damaged prior to final payment (unless responsibility for theprotection thereof has been assumed by Owner).

DRAWINGS: The graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

ENGINEER/RESIDENT ENGINEER: A person designated by the Owner authorizing such person to act on his behalf.


Page 109

FIELD DIRECTIVE: A written work change directive to the Contractor from the Owner, ordering alterations or modifications which do not result in change in Contract Sum or Contract Times, and do not substantially change the Contract Documents.

FINAL ACCEPTANCE or FINAL COMPLETION: The Owner’s acceptance of the Work as satisfactorily completed in accordance with the Contract Documents. Requirements for Final Acceptance/Final Completion include, but are not limited to:

a. All required instructions and training sessions having been given by the Contractor.

b. All punch list work, as directed by the Owner having been completed by the Contractor.

c. Generally all Work, except Contractor maintenance after Final Acceptance, having been completed to satisfaction of the Owner.

FORCE ACCOUNT: Work directed to be performed without prior agreement as to lump sum or unit price cost thereof, and which is to be billed at cost for labor, materials, equipment, taxes, and other costs, plus a specified percentage for overhead and profit.

FURNISH: Supply only, do not install. INDICATED: Shown or noted on the Drawings.

INSPECTOR: The person engaged by the Owner to inspect the workmanship, materials, or manner of construction of buildings or portions of buildings, to determine if such construction complies with the Contract Documents.

INSTALL: Install or apply only, do no furnish.

LATENT: Not apparent by reasonable inspection, including but not limited to, the inspections and research required as a condition to bidding under the General Conditions and Special Provisions.

MATERIAL OR MATERIALS: These words shall be construed to embrace machinery, manufactured articles, materials of construction (fabricated or otherwise), and any other classes of material to be furnished in connection with Contract, except where a more limited meaning is indicated by context.

MILESTONE: A principal event identified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all Work.

MODIFICATION: Same as Contract Modification.

NOT IN CONTRACT: Work that is outside the scope of work to be performed by the Contractor under the Contract Documents.

NOTICE OF AWARD: A written notice given by the Owner to selected Proposer advising that the Proposal and other qualifying information is acceptable.

NOTICE TO PROCEED: A written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which contractor shall start to perform the Contractor’s obligations under the Contract Documents.

OFF SITE: Outside geographical location of the Project. OWNER: Moss Landing Harbor DistrictPLANS: Same as Drawings.

PROGRESS REPORT: A periodic report submitted by the Contractor with progress payment invoices for actual work accomplished to the Program Schedule.


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PROJECT(S): Total Work performed under the Contract Documents. The term “Project(s)” may be in reference to the Work in its entirety or in part. PROVIDE: Furnish and install.

REQUEST FOR INFORMATION (“RFI”): A document prepared by the Contractor requesting information regarding the Project or Contract Documents. The RFI system is also a means for the Owner to submit Contract Document clarifications or supplements to the Contractor.

REQUEST FOR SUBSTITUTION (“RFS”): A document prepared by the Contractor requesting substitution of any unlisted materials in lieu of materials named in the Specifications or approved for use in Addenda.

SAMPLES: Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the Contractor and submitted by the Contractor to illustrate some portion of the work.

SPECIFICATIONS: The written portion of the Contract Documents consisting of requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

SPECIFIED: As written in Specifications.

STANDARD SPECIFICATIONS: The Caltrans 1999 (or most recent) Standard Specifications. Where the term “State” is used within these specifications, it shall mean “Owner.”

SUBCONTRACTOR: A person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “subcontractor” is referred to throughout the Contract Documents as if singular in number and neuter in gender and means a subcontractor or an authorized representative of the subcontractor. The term “subcontractor” does not include a separate contractor or subcontractors of a separate contractor.

SUBSTANTIAL COMPLETION: The Work (or a specified part thereof) has progressed to the point where, in the opinion of the owner as evidenced by a Certificate of Substantial Completion, the Work is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment is evidenced by written recommendation of the Owner for final payment. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

UNDERGROUND FACILITIES: Pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: Electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

WORK: The entire completed demolition under the Contract Documents within the Contact Time. Work includes and is the result of performing or furnishing labor and equipment into the demolition, all as required by the Contract Documents including the Plans and Specifications. Wherever the word “work” is used, rather than the word “Work”, it shall be understood to have its ordinary and customary meaning.

B. Wherever words “as directed”, “as required”, “as permitted”, or words of like effect are used, it shall be understood that direction, requirements, or permission of the Owner is intended. Words “sufficient”, “necessary”, “proper”, and the like shall mean sufficient, necessary or proper in judgement of the Owner. Words “approved”, “acceptable”, “satisfactory”, “favorably reviewed” or words of like import, shall mean approved by, or acceptable to, or satisfactory to, or favorably reviewed by the Owner.


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C. Wherever the word “may” is used, the action to which it refers is discretionary. Wherever the word “shall” is used, the action to which it refers is mandatory.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

END OF SECTION


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SECTION 01563

DUST AND AIR POLLUTION CONTROL

PART 1 GENERAL

1.1 WORK INCLUDED

A. Work under this Section includes applying either water or dust palliative for the prevention of dust nuisance as specified in Section 10, “Dust Control”, of the State Standard Specifications (Caltrans) and these Specifications.

B. Work under this Section includes the control of emissions on construction related equipment and compliance by the Contractor with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to any phase of the projects.

1.2 RERFERENCE STANDARDS AND SPECIFICATIONS

A. State of California, Department of Transportation, Standard Specifications, latest edition (State Standard Specifications).

1.3 SUBMITTALS

A. Dust Management Plan:To control dust, the Contractor shall prepare a Dust Management Plan including the following measures:

1. Water all exposed or disturbed soil surfaces (active construction areas) at least twice- daily, or apply non-toxic dust control emulsion, binder or stabilizer to eliminate visible dust plumes. Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.).

2. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard.

3. Limit traffic speeds on unpaved roads to 15 mph.

4. Apply water three times daily, or apply non-toxic soil stabilizer on all unpaved access roads, parking areas, and staging areas at project sites.

5. Install sandbags or other erosion control measures to prevent silt runoff to public parking area and storm drains.

6. Suspend construction activity when winds (sustained) exceed 25 mph.

7. Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the project site.

PART 2 PRODUCTS

2.1 MATERIALS

A. Dust palliative shall conform to the provisions in Section 18, “Dust Palliative”, of the State Standard Specifications.

PART 3 EXECUTION


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3.1 APPLICATION

A. Water shall be applied as specified in these Specifications.

B. The Dust Management Plan, when approved by Owner shall be implemented by Contractor. Contractor shall maintain a copy of the Dust Management Plan at the project site at all times, and make the document available to operating personnel during construction activities.

C. Dust palliative shall be applied as provided in Section 18, “Dust Palliative”, of the State Standard Specifications.

D. To control exhaust emissions, the Contractor shall:

1. Implement emissions controlson all construction-related equipment, including equipment tune up, and use of California low-sulfur, low-aromatic diesel fuel in equipment that is not required under state law to use low-sulfur diesel.

2. Encourage construction workers to carpool, especially on “Spare the Air” days.

E. Contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statues which apply to any phase of the projects. Contractor shall submit to the Owner Evidence of compliance for all conditions required by the Monterey Bay Unified Air Pollution Control District (MBUAPCD). Owner will provide a copy of the Evidence of Compliance to the California Coastal Commission.

END OF SECTION


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SECTION 01564

NOISE CONTROL

PART 1 GENERAL

1.1 WORK INCLUDED

A. Work under this Section includes providing noise pollution control during construction.

PART 2 PRODUCTS

2.1 EQUIPMENT

A. To control construction-related noise impacts, Contractor shall implement the following measures:

1. All construction equipment, fixed, and mobile, and motor-vehicles used on the project site shall be properly maintained to minimize noise generation. This will include maintaining equipment silencers, shields, and mufflers in proper operating order. Use “quiet package” or “hush” equipment which is readily available for such equipment as trailer-mounted compressors, generators, welders, etc. All equipment shall be operated in the quietest manner practicable.

2. Any public address system operated on the project site shall be designed and adjusted for minimum sound levels and minimum “spill over” of sound onto adjacent properties.

3. All project workers exposed to noise levels above 80 dBA shall be provided with personal protective equipment for hearing protection (i.e., earplugs and/or muffs). Areas where noise levels are routinely expected to exceed 80 dBA shall be clearly posted “Hearing Protection Required in this Area”.

4. The Contractor shall designate a Disturbance Coordinator responsible for responding to noise complaints. The name and telephone number of the Coordinator shall be clearly posted at the construction site. The Disturbance Coordinator shall determine causes and implement measures to mitigate the noise impact, including the enforcement of the allowable hours of construction the identification of poorly muffled equipment and requiring its repair or replacement; and recommending temporary construction noise barriers. The Disturbance Coordinator shall report directly to the Owner’s management team.

5. Phase or control high noise-producing construction activities to ensure that requirements in the County of Monterey Noise Ordnance are not exceeded.

PART 3 EXECUTION

Not used.

END OF SECTION


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SECTION 01567

ENVIRONMENTAL PROTECTION

PART 1 - GENERAL

1.1 GENERAL:

This section covers the requirements of environmental and pollution control during construction activities. The Contractor shall be responsible for conformance to all state and federal environmental regulations.

A. With the exception of those measures set forth elsewhere in these specifications, environmental protection shall consist of the prevention of environmental pollution as the result of construction operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utilization of the environment for aesthetic and recreational purposes.

B. The work under this section shall include the following:

1. Make sure that all permits required for project construction and/or listed in these specifications are obtained and valid for the construction period.

2. Provide water quality testing and monitoring work required by the permits during construction.

3. Provide all facilities, equipment and structural controls for minimizing adverse impacts upon the environment during the construction period.

1.2 GENERAL REQUIREMENTS:

A. Applicable Regulations: In order to provide for abatement and control of environmental pollution arising from the construction activities of the Contractor and his subcontractors in the performance of this contract, the work performed shall comply with the intent of the applicable Federal. State, and local laws and regulations concerning environmental pollution control and abatement, including, but not limited to the following regulations:

B. Permits

The Contractor shall comply with the following permits and complete any information required therein to effectuate the permits:

1. Department of the Army Permit, File No. 2009-00116S, including all general, regional, and special conditions.

2. Section 401 Water Quality Certification from the State Department of Health, File No.- , including the “Applicable Monitoring and Assessment Program for Clean Water Act Section 401 Water Quality Certification.”

3. California Coastal Commission, Coastal Development Permit Number 3-11-063, including all general and special conditions.

Copies of the above permits are attached to the end of this section.


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C. The Contractor shall provide the Department of Health with any required general contractor’s information, including the general contractor’s legal name, address (location where papers can be hand-delivered), contact person(s), telephone and fax numbers.

1.3 SUBMITTAL

The Contractor shall provide the Owner with six (6) copies of the Best Management Practices and Environmental Protection Plan for review and approval by the State. The submittal shall be made a within thirty (30) days of Notice to Proceed.

1.4 GUIDELINES AND CRITERIA:

A. Solid Waste and Disposal:

1. Removal of waste shall be a continuous on-going operation. Wastes and debris shall not be allowed to accumulate in large open piles.

2. Wind-blown wastes and debris and wastes left by workers shall be collected by the Contractor and disposed of as described above.

3. Conduct the fueling and lubricating of equipment and motor vehicles to protect against spills and evaporation. Dispose of lubricants to be discarded and all excess oil in accordance with State and local regulations.

4. Dispose of electrolyte solution from lead-acid batteries in accordance with hazardous regulations. Do not dump electrolyte onto the ground or into storm drains or sanitary sewers. Transport the electrolyte to a State approved hazardous waste disposal site. The method of transportation and equipment shall comply with applicable Federal and State regulations.

5. No burning of debris and/or waste materials shall be permitted on the project site.

6. No burying of debris and/or waste material except for materials which are specifically indicated elsewhere in these specifications as suitable for backfill shall be permitted on the project site.

7. All unusable debris and waste material shall be hauled away to an appropriate off-site dump area. During loading operations, debris and waste materials shall be watered down to allay dust.

8. No dry sweeping shall be permitted in cleaning rubbish and fines which can become airborne from floors or other paved areas. Vacuuming, wet mopping or wet or damp sweeping is permissible.

9. Clean-up shall include the collection of all waste paper and wrapping materials, cans, bottles, construction waste materials and other objectionable materials, and removal as required. Frequency of clean-up shall coincide with rubbish producing events.

B. Dust Control: Dust, which could damage public facilities, commercial buildings or operations, dwellings, or cause nuisance to persons, shall be abated and control measures shall be performed. The Contractor shall be held responsible for any damage resulting from dust originating from his operations.

1. The Contractor, for the duration of the contract, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas within or without the project limits free from dust which would cause a hazard to the work, or the operations of other contractors, or to persons or property. Industry accepted methods of stabilization suitable for the


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area involved, such as sprinkling or similar methods, will be permitted. Chemicals or oil treating shall not be used.

2. The Contractor shall prevent dust from becoming airborne or causing airborne water pollution at all times, including non-working hours, weekends and holidays.

3. The method of dust control and costs shall be the responsibility of the Contractor.

4. The Contractor shall be responsible for all dust damage claims arising from his work.

C. Air Pollution Control:

1. Emission: The Contractor shall not be allowed to operate equipment and vehicles that show excessive emissions of exhaust gases until corrective repairs or adjustments are made to the satisfaction of the Owner.

D. Waste Waters: Construction operations shall be conducted so as to prevent discharge or accidental spillage of pollutants, solid waste, debris, and other objectionable wastes in surface waters and underground water sources.

E. Noise Control:

1. Noise shall be kept within acceptable levels at all times.

2. Construction equipment shall be equipped with suitable mufflers to maintain noise within levels complying with applicable regulations.

3. Construction operations shall be confined to daylight periods between 7:00 a.m and 5:00 p.m., Monday through Friday.

4. Starting up of construction equipment meeting allowable noise limits shall not be done prior to 7:00 a.m. without prior approval of the Engineer.

5. All internal combustion engine-powered equipment shall have mufflers to minimize noise and shall be properly maintained to reduce noise to acceptable levels.

6. Noise and vibration levels shall be monitored by the Contractor at stations approved by the Engineer.

F. Erosion Control:

1. The contractor shall incorporate all erosion control measures in the Best Management Practice Plan for these projects. The Plans may be modified as necessary to adjust to conditions that develop during construction. Any significant changes to the Best Management Practice Plan must be submitted to the Owner for approval.

2. Except for specified measures which are shown in the Plans, the contractor shall determine the appropriate erosion control measures to use. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, and silt fences and the use of temporary mulches mats, and gravel blankets, or the construction and use of other control devices or methods as necessary to control erosion.

3. Drainage outlets shall be maintained to minimize erosion and pollution of the waterways during construction. Surface runoff shall be controlled in order to minimize silt and other contaminants entering the water. Should excessive siltation or turbidity result from the Contractor's method of operation, the Contractor shall install silt curtains or other silt contaminant devices as required to correct the problem. Such corrective


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measures shall be at no additional cost to the Owner. The Contractor shall control runoff into the storm drains on the parking lot pavement which drain to the harbor water.

4. The work areas and haul roads, including roadways leading to the project site, shall be continuously watered to prevent the generation of dust and shall be cleaned daily to remove all mud and droppings from construction vehicles. Mud shall be removed from the tires of all vehicles before leaving the construction site.

5. Wherever trucks and/or vehicles leave the site and enter surrounding paved streets, the Contractor shall prevent any material from being carried onto the pavement. Waste water shall not be discharged into existing streams, waterways, or drainage systems such as gutters and catch basin unless treated to comply with state regulations.

6. Trucks hauling debris shall be covered as required by applicable regulations. Trucks hauling fine materials shall be covered.

7. Except in an emergency, such as a mechanical breakdown, all vehicle fueling and maintenance shall be done in the designated construction baseyard area. A temporary berm shall be constructed around the area when runoff can cause a problem.

8. During interim grading operations, the grade shall be maintained so as to preclude any damage to adjoining property from water and eroding soil.

9. Temporary berms, cut-off ditches and other provisions which may be required because of the Contractor's method of operations shall be installed at no cost to the Owner.

10. Drainage outlets and silting basins shall be constructed and maintained as directed by the Owner to minimize erosion and pollution of waterways during construction.

G. Suspension of Work:

1. Violations of any of the above requirements or any other pollution control requirements which may be specified in the Technical Specifications or Construction Drawings herein shall be cause for suspension of the work creating such violation. No additional compensation shall be due the Contractor for remedial measures to correct the offense. Also, no extension of time will be granted for delays caused by such suspensions.

2. If no corrective action is taken by the Contractor within 72 hours after a suspension is ordered by the Owner or State, either reserves the right to take whatever action is necessary to correct the situation and to deduct all cost incurred by the Owner or State in taking such action from monies due to the Contractor.

1.5 ENVIRONMENTAL PROTECTION REQUIREMENTS:

A. Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the projects. Comply with Federal, State, and local regulations pertaining to the environment, including but not limited to water, air, and noise pollution.

B. In-Water and Over-Water Best Management Practice Plan

1. All work pertaining to work in and around the water, including installing siltcurtains and other waterfront activities, shall conform to the Best Management Practice Plan.


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2. During the performance of the work, the Contractor shall institute and enforce procedures to prevent spills and floating debris from fouling the waters. If such procedures fail, the Contractor shall promptly cleanup all spills and floating debris at no cost to the Owner. The Contractor shall evaluate failed procedures and take corrective measures to fix any deficiencies immediately. For all spills into coastal waters occurring after normal duty hours, notify the U.S. Coast Guard and local hazardous waste cleanup agency. The Contractor shall notify the National Response Center (800-424-8802), as required by 40 CFR 302.6, if the quantity of the released substance exceeds the reportable quantities. The Contractor shall also be responsible for notifying the State Emergency Response Commission (586-4249) and the Local Emergency Planning Committee (533-4121) if the release has the potential of migrating off-site and affect adjacent communities as required by the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 304.

3. Turbidity Containment: Provide turbidity containment devices (e.g. silt curtains) to fully enclose work areas as shown on the Construction Drawings. The turbidity containment devices shall be in-place and approved by the Owner before conducting any of this type of work, and such facilities shall remain in place until removal is authorized by the Owner. If such procedures fail, promptly notify the State and clean-up all spills and debris. Immediately evaluate failed procedures and take corrective measures to fix all deficiencies. If a visible plume is observed outside of the turbidity silt containment devices, promptly stop the activity causing the problem and evaluate the cause of the plume. Take corrective measures to fix all deficiencies.

C. Best Management Practice Plan (BMPs)

The Contractor shall prepare and submit a Best Management Practice Plan (BMPs) specific to his proposed construction operations to help minimize adverse impacts to coastal water quality and the marine ecosystem. The project specifications will require the Construction Contractor to adhere to environmental protection measures, including, but not limited to, the following:

1. The Contractor shall perform the work in a manner that minimizes environmental pollution and damage as a result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of the construction period.

2. Any construction related debris that may pose an entanglement hazard to marine protected species must be removed from the project site if not actively being used and/or at the conclusion of the construction work.

3. The Contractor shall submit a Best Management Practices/Environmental Protection Plan for approval by the Owner prior to initiation of construction. The plan shall include, but not be limited to:

1. Protection of Land Resources2. Protection of Water Resources3. Disposal of Solid Waste4. Disposal of Sanitary Waste5. Disposal of Hazardous Waste6. Dust Control7. Noise Control

4. The construction contractor shall be required to employ BMPs for construction in coastal waters, such as daily inspection of equipment for conditions that could cause spills or leaks; cleaning of equipment prior to operation near the water; proper location of storage, refueling, and servicing sites; and implementation of adequate spill response procedures, stormy weather preparation plans, and the use of silt curtains and other containment devices.


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5. No contamination (trash or debris disposal, alien species introductions, etc.) of marine (reef flats, lagoons, open oceans, etc.) environments adjacent to the project sites shall result from project related activities.

6. The Contractor shall confine all construction activities to areas defined by the drawings and specifications. No construction materials shall be stockpiled in the marine environment outside of the immediate area of construction.

7. The Contractor shall keep construction activities under surveillance, management and control to avoid pollution of surface or marine waters. Construction related turbidity at the project sites shall be controlled so as to meet water quality standards. All water areas affected by construction activities shall be monitored by the Contractor. If monitoring indicates that the turbidity standards are being exceeded due to construction activities, the Contractor shall suspend the operations causing excessive turbidity levels until the condition is corrected. Effective turbidity containment devices shall be deployed where practicable to isolate the construction activity, and to avoid degradation of marine water quality and impacts to the marine ecosystem. In-water construction shall be curtailed during sea conditions that are sufficiently adverse to render the silt containment devices ineffective.

8. Waste materials and waste waters directly derived from construction activities shall not be allowed to leak, leach or otherwise enter marine waters.

9. Fueling of project related vehicles and equipment should take place away from the water. A contingency plan to control the accidental spills of petroleum products at the construction site should be developed. Absorbent pads, containment booms and skimmers will be stored on site to facilitate the cleanup of petroleum spills.

10. The projects shall be completed in accordance with all applicable Federal, State and County health and safety regulations.

11. The sand shall be of beach-compatible quality, moderately well sorted with rounded and polished grains composed of primarily calcareous material. The sand shall be dominantly composed of naturally occurring carbonate beach or dune sand. Crushed limestone or other man-made or non-carbonate sands are not allowable.

12. All construction material including sand shall be free of contaminants of any kind including: excessive silt, sludge, anoxic or decaying organic matter, turbidity, temperature or abnormal water chemistry, clay, dirt, organic material, oil, floating debris, grease or foam or any other pollutant that would produce an undesirable condition to the beach or water quality.

13. Sand fill placement shall not be done during storms or periods of high water level. A post- construction survey by the Contractor will indicate proper sand placement.

14. Any spills or other contaminations shall be immediately reported.

15. Best management practices shall be utilized to minimize adverse effects to air quality and noise levels, including the use of emission control devices and noise attenuating devices.

16. A dust control program shall be implemented, and wind blown sand and dust shall be prevented from blowing offsite by watering when necessary.

17. Public safety best practices shall be implemented, possibly including posted signs, areas cordoned off, and on-site safety personnel.


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18. The Contractor shall review all best management practices with the Owner prior to the commencement of beach nourishment activities.

D. Threatened and Endangered Species:

Constant vigilance shall be kept for the presence of Endangered Species Act (ESA) listed marine species during all aspects of the proposed action, particularly in-water activities such as dredging, boat operations, or diving.

1. The Contractor shall designate a competent observer to survey the project sites and adjacent areas for ESA-listed marine species.

2. All work shall be postponed or halted when ESA-listed marine species are within 50 ft of the proposed work, and shall only begin/resume after the animals have voluntarily departed the area. If ESA-listed marine species are noticed after work has already begun, that work may continue only if there is no way for the activity to adversely affect the animal(s).

3. When piloting vessels, vessel operators shall remain alert for the presence of marine mammals and shall alter course to remain at least 50 ft away.

4. Reduce vessel speed to 10 knots or less when piloting vessels at or within the ranges described above.

5. Marine mammals shall not be encircled or trapped between multiple vessels or between vessels and the shore.

6. Do not attempt to feed, touch, ride, or otherwise intentionally interact with any ES listed marine species.

1.07 WATER QUALITY MONITORING

Water quality monitoring during construction shall be conducted in accordance with the Section 401 Water Quality Certification from the applicable regulatory agency(ies).

1.07 MEASUREMENT AND PAYMENT

The cost for any pollution control activity specified above or deemed necessary by the State will not be measured nor paid for directly but will be considered as incidental to and included in the total sum bid.

PART 2 – PRODUCTS (Not Used)

PART 3 – EXECUTION (Not Used)

END OF SECTION


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SECTION 01725

PRESERVATION OF PROPERTY

PART 1 GENERAL

1.1 WORK INCLUDEDA. Work under this Section includes protecting from injury or damage, existing improvements and facilities that are not to be removed including providing suitable safeguards during construction.

1.2 REFERENCE STANDARDS AND SPECIFICATIONS

A. State of California, Department of Transportation, State Standard Specifications.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 PRESERVATION OF PROPERTY

A. The Contractor shall protect existing structures, pavements, light standards, utilities, fences, and appurtenances that are not indicated for removal. The Contractor shall promptly restore, at Contractor’s cost, all damage to facilities not indicated for removal. Damage shall be corrected to the satisfaction of the Owner. All damage, including pavement damage, shall be promptly repaired by the Contractor.

B. In performing the work, the Contractor shall exercise due care and caution necessary to avoid damage to or impairment of the use of any existing utility lines to remain in service. Any damage inflicted on existing utility lines resulting from the Contractor’s operations shall be immediately repaired to original condition and appearance at the Contractor’s expense.

C. Access to the site is via Highway 1. Do not track mud onto the Highway.

D. Existing vegetation that are not to be removed and are injured or damaged by reason of the Contractor’s operations shall be replaced by the Contractor.

E. Damaged or injured plants shall be removed and disposed of outside the project limits in accordance with the provisions in Section 7-1.13 of the State Specifications. At the option of the Contractor, removed trees and shrubs may be reduced to chips.

F. Replacement planting shall be completed not less than twenty one (21) calendar days prior to acceptance of the Contract. Replacement plants shall be watered as necessary to maintain the plants in a healthy condition.

END OF SECTION


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SECTION 01770

PART 1 GENERAL

1.1 SUMMARY CONTRACT CLOSEOUT

This Section describes Contract Closeout procedures including:

1. Removal of Temporary Construction Facilities

2. Substantial Completion

3. Final Completion

4. Final Cleaning

5. Project Record Documents

6. Material, Equipment and Finish Data

7. Project Guarantee

8. Warranties

9. Turn-In

10. Release of Claims

11. Guaranty and Maintenance Bonds

1.2 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES

A. Remove temporary materials, equipment, services, and construction prior to Substantial Completion Inspection.

B. Clean and repair damage caused by installation of use of temporary facilities.

C. Restore permanent facilities used during construction to specified condition.

1.3 SUBSTANTIAL COMPLETION

A. When the Contractor considers work or designated portion thereof as substantially complete, submit written notice, with list of items to be completed or corrected. The term “Substantial Completion” is defined in Section 01420.

B. Within reasonable time, the Owner will inspect to determine status of completion.

C. Should the Owner determine that work is not substantially complete, Owner will promptly notify the Contractor in writing, listing all defects and omissions.


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D. Remedy deficiencies and send a second written notice of substantial completion. The Owner will reinspect the work. If deficiencies previously noted are not corrected on reinspection, then the Contractor shall pay the cost of the reinspection.

E. When the Owner concludes that work is substantially complete, the Owner will issue a Certificate of Substantial Completion, accompanied by the Contractor’s list of items to be complete or corrected as verified by the Owner.

1.4 FINAL COMPLETION

A. Final Completion is defined in Section 01420. Final Completion occurs when work meets requirements for Owner’s Final Acceptance. When the Contractorconsiders Work is finally complete, it shall submit written certification that:

1. The Contractor has inspected work for compliance with the Contract Documents, and all requirements for Final Acceptance have been met.

2. The Work, except for Contractor maintenance after Final Acceptance, has been completed in accordance with the Contract Documents and deficiencies listed with the Certificate of Substantial Completion have been corrected. Equipment and systems have been tested in the presence of the Owner’s representative, and are operative.

3. The Work is complete and ready for final inspection.

B. In addition to submittals required by conditions of the Contract Documents, the Contractor shall provide submittals required by governing authorities and submit final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due.

C. When the Owner finds the Work is acceptable and final submittal is complete, the Owner will issue final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order.

1. Should the Owner determine that the work is incomplete or defective:

a. The Owner promptly will so notify the Contractor, in writing, listing the incomplete or defective items.

b. The Contractor shall promptly remedy the deficiencies and notify the Owner when the Work is ready for reinspection.

c. When the Owner determines that the work is acceptable under the Contract Documents, the Owner will request the Contractor to make closeout submittals.

D. Final adjustments of accounts:

1. Submit a final statement of accounting to the Owner, showing all adjustments to the Contract Sum.

2. If so required, the Contractor shall prepare a Final Change Order for submittal to the Owner showing adjustment to the Contract Sum which were not previously made into Change Orders.

1.5 FINAL CLEANING

A. Execute final cleaning prior to final inspection.


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B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces.

1. Clean equipment and fixtures, clean mechanical equipment operated during construction.

2. Employ skilled workers for final cleaning.

C. Clean site; mechanically sweep paved areas.D. Remove waste, surplus materials, and rubbish from site.

1.6 MATERIAL, EQUIPMENT AND FINISH DATA

Submit two sets of data for primary materials, equipment and finishes as required under each specification section prior to final inspection, bound in 8-1/2 inches by 11 inches three-ring binders with durable plastic covers to the Owner for its records.

1.7 MISCELLANEOUS PROJECT RECORD SUBMITTALS

Refer to other Specification Sections for miscellaneous record keeping requirements and submittals in connection with various construction activities. Immediately prior to Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for use and reference. Submit to the Owner for review and acceptance.

1.8 PROJECT GUARANTEE

A. Requirements for the Contractor’s guarantee of completed Work are included in General Conditions. The Contractor shall guarantee work done under Contract against failures, leaks or breaks or other unsatisfactory conditions due to defective equipment, materials or workmanship, and perform repair work or replacement required, at the Contractor’s sole expense, for period of one year from date of Final Acceptance.

B. Neither recordation of final acceptance nor final certificate for payment nor provision of the Contract nor partial or entire use or occupancy of premises by Owner shall constitute acceptance of work not done in accordance with Contract Documents nor relieve the Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship.

C. Owner may make repairs to defective work as set forth in the General Conditions, if within seven (7) calendar days after written notice of defective work to the Contractor or authorized agent, the Contractor shall neglect to make or undertake repair with due diligence; provided, however, that in case of leak or emergency where, in opinion of the Owner, delay would cause hazard to health or serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof.

D. Nothing in this Section shall be construed to limit, or release the Contractor’s, Subcontractors’ and Equipment Suppliers liability to the Owner for damages sustained as result of latent defects in equipment caused by negligence of suppliers’ agents, employees or subcontractors. Stated in another manner, warranty contained in the Contract Documents shall not amount to, nor shall it be deemed to be, waiver by Owner of any rights or remedies (or time limits in which to enforce such rights or remedies) it may have for defective workmanship or defective materials under laws of this State pertaining to acts of negligence.

1.9 WARRANTIES

A. Execute the Contractor’s submittals and assemble warranty documents, and operations and maintenance manuals, executed or supplied by subcontractors, suppliers and manufacturers.


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1. Provide Table of Contents and assemble in 8-1/2 inches by 11 inches three-ring binder with durable plastic cover, appropriately separated and organized.

2. Assemble in Specification Section order.

3. Provide two copies of completed warranty binders.

B. Submit material prior to final application for payment.

1. For equipment put into use with Owner’s permission during construction, submit within fourteen (14) calendar days after first operation.

2. For items of work delayed material beyond Date of Substantial Completion, provide updated submittal within fourteen (14) calendar days after acceptance, listing date of acceptance as start of warranty period.

C. Warranties are intended to protect Owner against failure of work and against deficient, defective and faulty materials and workmanship, regardless of sources.

D. Limitations: Warranties are not intended to cover failures which result from the following:

1. Unusual or abnormal phenomena of the elements.

2. Vandalism after substantial completion.

3. Insurrection or acts of aggression including war.

E. Related Damages and Losses: Remove and replace work which is damaged as result of defective Work, or which must be removed and replaced to provide access for correction of warranted Work.

F. Warranty Reinstatement: After collection of warranted Work, reinstate warranty for corrected Work to date of original warranty expiration or to a date not less than 365 days after corrected Work was done, whichever is later.

G. Replacement Cost: Replace or restore failing warranted items without regard to anticipated useful service lives.

H. Warranty Forms: Submit drafts to Owner for approval prior to execution. Forms shall not detract from or confuse requirements or interpretations of the Contract Documents.

1. Warranty shall be countersigned by manufacturers.

2. Where specified, warranty shall be countersigned by subcontractors and installers.

I. Rejection of Warranties: Owner reserves right to reject unsolicited and coincidental product warranties which detract from or confuse requirements or interpretations of Contract Documents.

J. Term of Warranties: For materials, equipment, systems and workmanship warranty period shall be one (1) year minimum from date of Final Completion of entire work except where:

1. Detailed specifications for certain materials, equipment or systems require longer warranty periods.


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2. Materials, equipment or systems are put into beneficial use of Owner prior to Final Completion as agreed to in writing by the Owner.

K. Warranty of Title: No material, supplies, or equipment for work under the Contract Documents 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 seller or supplier. The Contractorwarrants good title to all material, supplies, and equipment installed or incorporated in work and agrees upon completion of all work to deliver premises, together with improvements and appurtenances constructed or placed there on by the Contractor, to Owner 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 the Contract Documents shall have right to lien upon premises or improvement or appurtenances thereon. Nothing contained in this Paragraph, however, shall defeat or impair right of persons furnishing materials or labor under bond given by the Contractor for their protection or any rights under law permitting persons to look to funds due the Contractor in hands of Owner.

1.10 TURN-IN

The Contract Documents will not be closed out and final payment will not be made until all personnel identification media, vehicle permits and keys issued to the Contractor during prosecution of work are turned in to Owner.

1.11 RELEASE OF CLAIMS

The Contract Documents will not be closed out and final payment will not be made until “Agreement and Release of Any and All Claims”, is completed and executed by the Contractor and Owner.

1.12 FIRE INSPECTION COORDINATION

The Contractor shall coordinate fire inspection and secure sufficient notice to Owner to permit convenient scheduling, if necessary.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

END OF SECTION


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TECHNICAL SPECIFICATIONS

DIVISION 2 SITE WORK

SECTION 02060

SAND PLACEMENT

PART 1 – GENERAL

1.1 GENERAL REQUIREMENTS: The work shall include the furnishing of all labor, materials and equipment necessary to place sand to the lines and grades shown on the plans, and all other work required to complete the work as indicated on the Plans.

1.2 SUBMITTALS:

A. Pre- and Post- construction survey data file(s) where sand is to be placed, along with estimates of sand needed (based on pre-construction survey)

B. Four (4) copies or emailed .pdf’s and AutoCAD drawings of the pre-and-post-construction surveys.

C. Sand sieve test results of the sand proposed to be used as beach fill.

D. Sand placement work plan (as an a part of the general Work Plan).

1.2.1 CONTRACTOR’S RESPONSIBILITY: The Contractor shall comply with a) all permit requirements and conditions for these projects, b) all applicable Federal, State and County laws, rules and regulations, and c) all laws, rules and regulations concerning pollution control and abatement.

The Contractor shall use all proper precautions and methods of procedure in his operations to ensure that no debris or other deleterious materials be allowed to fall, flow, leach or otherwise enter the water. The Contractor shall promptly retrieve any misplaced materials/equipment. The Contractor shall maintain complete control of the movement of all equipment and material on and below the surface of the water. No loose floating or submerged equipment or material will be permitted.All work shall be confined to the Contractor work areas and construction easements as shown on the drawings. The contractor shall exclude the public from the work area in the immediate vicinity of operations. Any damage to private or public property or structures caused by the Contractor in his execution of the work shall be repaired promptly at the expense of the Contractor.

PART 2 – PRODUCTS

2.1 SAND: The sand shall be of beach-compatible quality, moderately well sorted with rounded and polished grains composed of primarily calcareous material. The sand shall be dominantly composed of naturally occurring carbonate beach or dune sand. Crushed limestone or other man-made or non- carbonate sands are not allowable.

The median grain size of the new sand material shall be equal to, or larger than, the median grain size of the native sediment. The median grain size of the new sand material may not be less than the median grain size of the native sediment. If it is larger, the new material median grain size shall not be more than 50% larger than the native material median grain size. Contractor is permitted to collect up to two (2) quart-sized grab samples of existing sediment from the revetment toe locations for sieve testing and comparison. Final determination of native sediment grain size and acceptance of new material will be by Owner or Owner’s Representative.


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PART 3 – EXECUTION3.1 SAND PLACEMENT

A. Sand Placement: All sand shall be placed along the 150 lineal feet of shoreline at Site 1 (western side of the MLHD North Harbor parking lot). Sand shall be placed to the design beach profiles as shown on the approved drawings. The required placed sand volume is approximately 611 cubic yards. Where feasible, sand shall be graded to the lines, grades and elevations shown on the plans using as small equipment as is practicable in order to minimize environmental impact, noise and other disturbance to adjacent structures and property. Submerged sand shall not be graded; method of placement shall be controlled enough to accurately place submerged sand.

The Owner reserves the right to modify or revise the sand placement lines and grades shown on the drawings as necessary to accommodate changes in the existing beach conditions and to achieve the required sectional fill volumes.

B. Dressing and Tolerance: Immediately following placement of sand the Contractor shall grade, level and dress the beach fill to meet the required elevations and dimensions indicated on the drawings and achieve the sectional fill volume densities specified on the drawings. The dressing for payment shall include the removal of humps and depressions, and shall be made prior to survey measurements for payment. A tolerance of three (3) inches plus or minus from the design beach profile elevation and beach slope will be acceptable. The total volume of material placed shall be within five (5) percent plus or minus from the design volume shown on the drawings. Total sand volume placed shall not exceed 611 cubic yards without Owner or Engineer approval.

C. Equipment: Equipment used to move, distribute, and compact the sand to the design beach profiles shall be the smallest practicable equipment suitable to accomplish the work in order to minimize environmental impact, noise and other disturbance to adjacent structures and property. No equipment shall place sand between 5pm and 7am. No land based equipment shall operate in the water or below the mean high water elevation (+4.6’ MLLW).

D. Grade Stakes: If used, grade stakes and any other stakes for any purpose shall be made of material that can and will be removed after filling to the design cross sections and accepted by the State. All stakes shall have sufficient length above grade so they will not be accidentally covered by the sand fill. Grade stakes shall be removed from each 25-foot incremental section in their entirety upon completion and acceptance of each section. The Contractor’s Work Plan shall contain a grade stake recovery plan to insure accountability for and complete removal of all grade stakes. Final verification of sand placement may be verified by independent contractor.

E. Lost or Misplaced Material: Any fill sand which is lost in transit prior to its being placed as designed will not be subject to payment. If any material is deposited elsewhere than as designated or approved the Contractor may be required to remove such misplaced material and redeposit it where directed by the State at his expense.

F. Turbidity Control: Turbidity containment devices (silt curtains) as shown on the plans shall completely surround the sand placement area.

3.2 ENVIRONMENTAL CONTROLS: Turbidity containment devices (silt curtains) as shown on the drawings shall be maintained at all times during sand placement work. Regular inspection of the devices shall be conducted by the Contractor, and should any leaks or breaks occur the associated work activities shall cease until the leaks are repaired. All work shall be accomplished in accordance with specification 01567 Environmental Protection.


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3.3 MEASUREMENTA. Measurement of sand quantity placed for pay purposes will be based on pre and post placement survey cross sections. Surveys for payment shall be made by the Contractor at his expense. The survey methodology and qualifications of the survey personnel shall be included in the Contractor’s Work Plan submittal for approval by the State. The Owner reserves the right to use his pre- and post-construction surveys for payment should there be any question regarding the validity of the Contractor’s survey.

B. Land-side beach profile elevations shall be surveyed, at a minimum, at each 25-foot sand placement increment along the baseline. The profile surveys shall be accomplished immediately prior to initiation of sand placement in each increment, and immediately post-placement and compaction to determine and verify the quantity of sand placed. The profiles shall at a minimum contain spot elevations at maximum 10-foot intervals along the profile and at any slope change points. It is understood that there is potential for sand movement after placement, thus the Contractor shall make every effort to perform the pre and post placement beach profile surveys in as timely a manner as possible, and within a maximum time limit of 24 hours for both the pre and post placement surveys for each increment placed.

C. The Contractor is required to submit pre- and post-sand placement surveys for verification and payment; however, the Owner reserves the right to conduct independent surveys, at its own expense, for the purposes of verifying the Contractor’s measurements. In the event that survey discrepancies are developed that cannot be otherwise resolved, the Owner reserves the right to request the Contractor to re-survey portions of the work at no additional cost to the Owner; and/or utilize the Owner’s survey for measurement.

3.4 PAYMENTThe actual measured volume of sand placed, including all equipment, labor, materials, temporary barricades, protection of the environment, water quality monitoring, cleanup and all incidental items necessary to complete the work, will be paid for at the per cubic yard price under the “Sand Fill” proposal item .

END OF SECTION


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SECTION 02110

CLEARING AND GRUBBING

PART 1 - GENERAL

1.1 DESCRIPTION: This work shall consist of removing all objectionable material from within the limits of work. Clearing and grubbing shall be performed in advance of removal, disposal and grading operations and in accordance with the requirements of these specifications.

Site clearing and grubbing shall conform with the provisions of Section 16, “Clearing and Grubbing”, of the State Standard Specifications.

1.2 PRESERVATION OF PROPERTY: All existing structures, facilities, adjacent property, utilities, and vegetation outside the areas to be cleared and grubbed shall be protected from injury or damage resulting from the Contractor’s operations.

1.3 REMOVAL AND DISPOSAL OF MATERIALS: All materials removed shall be disposed of by the Contractor, unless the material will be used again during construction.



END OF SECTION


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SECTION 02200

DEMOLITION AND REMOVAL

PART 1 GENERAL

1.1 WORK INCLUDED

A. Removal and disposal of the following: concrete rubble, geotextile fabric and other miscellaneous relic stone that is not suitable for use as shore protection; this concerns all existing debris within project limits.

B. Provision, erection, maintenance and, after use, removal of temporary safeguards such as fencing, barricades, guard rails, signs, lights, flares and all necessary items, for protection and safety of personnel, and for security of property.

C. Protection of existing facilities and controls to remain.

D. Removal of all furnishing, equipment and tools within the work area during site cleanup.

E. Protective measures shall include dust control, silt curtain and other measures to allow normal operations to continue in nearby occupied areas that can be damaged due to work.

F. Any additional staging needed to construct the project.

1.2 SUBMITTALS

A. Demolition, Sorting, Stockpiling and Disposal section of Work Plan: Submit proposed methods, operations and schedule of demolition, sorting, stockpiling and disposal for review prior to the start of work. This will be a part of the general Work Plan.

B. Submit Work Plan and schedule, haul route plan, proposed dust and noise abatement measure, pollution and erosion control procedures and location of legal landfill and disposal sites to Owner for review and approval. This will be a part of the general Work Plan.

1.3 BASIS OF BID

A. It is the intent to remove only those items indicated on the Plans or specified herein to allow for repair and reconstruction of revetment. Contractor shall be responsible to familiarize itself with all existing features and site conditions prior to submitting his bid.

B. The contractor shall have a means for sorting rip-rap stone from the existing revetment material being removed. Stones that are removed that fall within the CALTRANS rock size specifications for armor stone shall be sorted and stockpiled for use during armor stone placement.

1.4 JOB CONDITIONS

A. Protection: Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent damage or injury to adjacent buildings, structures, improvements, other facilities, and persons.

B. Perform all operations to avoid breakage, marring, bending or other damage to existing structures or utilities, which are to remain. Brace sides of excavation and shore structures when needed for stability.

C. Below-Grade Construction: Storm drains should not be removed; and if damaged during construction, should be repaired to pre-construction condition.


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C. Water Removal: Provide and operate all necessary equipment for water removal to maintain excavations and construction areas free of subsurface and storm water

D. Shoring, Sheeting and Bracing: Provide all shoring, sheeting and bracing required to retain excavations and to prevent slides and cave-ins. See General Conditions and Section 01340, “Safety And Environmental Submittals”.

E. Refer to General Conditions for related paragraphs concerning safety precautions and operations for construction.

F. Explosives: The use of explosives will not be permitted.

G. Promptly repair damage to any adjacent facilities caused by demolition operations at no cost to the Owner.

H. Utility Services:

1. Contractor shall arrange with the utility provider to locate and shut off utilities when necessary.

2. Cut off pipe or conduit for utilities to be abandoned or discontinued a minimum of 24 inches (610 mm) below grade. Cap, valve, or plug and seal remaining portion of pipe or conduit.

3. Do not interrupt existing utilities serving occupied or active facilities, except when authorized in writing by the Owner.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 PREPARATION

A. Obtain all necessary permits for the demolition and site preparation work.

B. Provide access for utility maintenance by Owner’s personnel.

C. Examine area affected by work to verify the following:

1. Required access and utility disconnection procedure.

2. Utilities and access serving occupied buildings and facilities remaining in use are not disturbed.

3. Existing conditions are as generally represented by the contract documents.

4. Work site has been vacated and readied for work.

5. Planned sequence of work fits actual field conditions.


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D. Lay out work at job site and coordinate with related and interfacing work.

E. Verify that hazardous materials have been cleared or that procedure for their clearing is in place. Stop demolition work immediately and notify Owner whenever unknown hazardous material is encountered during course of work.

3.2 DEMOLITION

A. Remove/demolish the following within the project limits:

1. Debris – Remove all existing rip-rap stone geotextile fabric and debris within the project limits necessary to prepare for repair and re-construction.

2. Concrete Rubble – Remove all concrete rubble and debris along the shoreline as indicated.

3. Sort and Stockpile – If any existing stone is sized in agreement to the rock specifications, it should be stockpiled for re-use.

4. Stone that does not meet the CALTRANS criteria to be re-used as armor stone, shall be disposed of offsite, with all other removed debris.

B. Prevent spillage along haul routes. All costs for cleanup and damage resulting out of contractor’s haul truck spillage shall be borne by Contractor.

C. Bring to the Owner’s attention obstructions which are not noted or shown on the plans or described herein. Protect such facilities until further direction is received from the Owner. Additional work required due to unforeseen conditions shall be performed as directed by the Owner and will be paid for as extra work in accordance with the General Conditions.

D. Maintain erosion and pollution controls. Discharge of water into the existing drainage systems shall be clean and shall be clear of turbidity. A silt curtain shall be erected immediately offshore of project sites to minimize turbidity in the water system.

E. Cleaning:

1. Promptly remove from the property and legally dispose of all demolished materials. Remove all equipment, debris, and rubbish from the property.

2. During progress of this Work, maintain the site in a presentable condition. Clean up spillage and debris at the site and on haul routes and public roads.

3. Promptly repair any items damaged during the progress of this work, including any damage to pavement, sidewalks, haul routes, public roads, or adjacent ground caused by transporting materials or equipment.

4. All debris resulting from work shall become property of Contractor.

3.3 SITE RESTORATION

A. Completely fill below-grade areas and voids resulting from structure demolition operations with onsite soil materials or engineered fill as directed by the Engineer/Owner.


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B. Site Grading: Uniformly rough grade area of demolished construction to a smooth surface, free from irregular surface changes. Provide a smooth transition between adjacent grades and new grades.

3.4 CLEANING AND DISPOSAL OF DEMOLISHED MATERIALS

Remove debris and all other deleterious material resulting from demolition operations and legally dispose of off Owner’s property at an approved disposal site.

END OF SECTION


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SECTION 02230

AGGREGATE BASE, PEA GRAVEL, AND CRUSHED ROCK

PART 1 - GENERAL

1.1 DESCRIPTION: The work of this section consists of grading the existing sub-grade material, addition of engineered fill if necessary, and furnishing and placing crushed rock sub-base on the existing sub-grade material to support the rip-rap armor stone.

1.2 SUBMITTALS

A. Two copies of certified weight tickets for each load of engineered fill delivered to project site.

B. If materials are obtained from a commercial source, submit certification from the supplier stating that aggregate base material meets the requirements of this section.

C. Soil compaction test results.

1.3 QUALITY ASSURANCE: Testing required to determine compliance with the requirements for the work of this section will be the responsibility of the Contractor. Tests for compaction will be made in accordance with test procedures outlined in ASTM D 1557 as applicable. Field testing for compaction in place shall conform with the applicable requirements of ASTM D 2922.

PART 2 - PRODUCTS

2.1 SUB-GRADE: The Sub-grade material is material that exists beneath the rip-rap revetments. It consists of native fill material and/or engineered fill. It is material placed beneath the geotextile fabric, as needed, to ensure proper grading of slopes prior to placement of fabric and armor stone.

2.2 WATER: Potable.

PART 3 - EXECUTION

3.1 PREPARE SUBGRADE: The existing sub-grade material shall be compacted prior to the placement of the geotextile filter fabric and armor stone.

3.2 ADDING WATER: The sub-grade material shall have a moisture content sufficient to obtain the required compaction. Such moisture shall be uniformly distributed throughout the material.

3.3 COMPACTION: Compact each layer to a density of not less than 95 percent relative compaction. Random tests for compacted depth will be made during the progress of the work. Any fill that does not meet the specification requirements shall be removed and/or re-compacted until the requirements are satisfied.

3.4 BASE SURFACE FINISHING:

A. Compacted subgrade surface shall be free from waves and other large irregularities. Unsatisfactory portions of sub-grade course shall be removed, reworked, re-laid, and rerolled, at no additional expense to the Owner.

3.5 TOLERANCES:

A. Surface: The Owner/Engineer will test finished surface of the sub-grade course with a 10-foot straightedge or other similar elevation measurement device. The sub-grade variation between any two


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contacts with the surface shall not exceed +/- 2-inches. Any areas not complying with these tolerances shall be reworked to obtain conformity.

3.6 MAINTENANCE: Maintain sub-grade and sub-base courses in a satisfactory condition until final surface material is placed or until final acceptance.

END OF SECTION


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SECTION 02270

ROCK SLOPE PROTECTION

PART 1 - GENERAL

1.1 DESCRIPTION: The work of this section consists of furnishing and placing armor rock (rip-rap) as shown on the plans.

1.2 SUBMITTALS: The Contractor shall submit results of tests made by an independent testing agency laboratory for each source of rock. Tests indicated are Caltrans (CA) Standard Tests or American Society for Testing and Materials (ASTM) tests.

A. Gradation and commercial source for all rock to be used. Should include quarry verification of sufficient supply for project requirements.

B. Apparent Specific Gravity (CA 206), Absorption (CA 206), Durability Index (CA 229), and Abrasion Loss (ASTM C535) test results.

C. Armor Stone Placement and Inter-locking Procedure section within Work Plan

D. Two copies of certified weight tickets for each load of sub-base and armor stone rock delivered to project site.

PART 2 - PRODUCTS

2.1 ROCK: All rock used shall be quarry rock, angular, close-grained and hard. Rock shall be free of seams or thin layers of soft or decomposed material to the end that it will not shatter, disintegrate, break down or open up on dumping or upon prolonged exposure to weather and wave action.

A. Rock Gradation:a. North Harbor, Sites 1 and 2: Conform to the gradation of Section 72-2, “Rock Slope Protection”, of the State Standard Specifications for ¼ ton rock size.b. South Harbor, Site 3: Conform to the gradation of Section 72-2, “Rock Slope Protection”, of the State Standard Specifications for No. 1 Backing rock size.

B. Rock Quality: Conform to the following requirements:

Test Method Requirements

Apparent Specific Gravity CA 206 2.5 Min.

Absorption CA 206 4.2% Max.

Durability Index CA 229 52 Min.

PART 3 - EXECUTION

3.1 PLACEMENT:

A. General: Construction of the rock slope protection shall be coordinated with the tide levels that vary during each day. The Contractor shall sequence work to minimize the risk of slope failures and toe


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slumping, and in the event of a failure, the Contractor shall remove all material mobilized by the slide, to the underlying undisturbed material, and shall reconstruct the failed slope at no additional cost to the Owner.

B. Placement Method: Armor stone shall be placed within the limits and elevations indicated in such a manner to provide a two-stone thickness and result in rough, irregular surfaces with each stone in contact with adjacent stones and leaving minimum sized voids through which underlaying stones cannot pass.

Stones shall be generally rectangular in cross-section, the least dimension of any stone being not less than one-third its greatest dimension. Stones shall be placed by equipment suitable for handling material of the sizes indicated without damage to the stones. Stones shall be randomly placed; individual stone placement will only be required where stones are not in contact with adjacent stone and where the prescribed thickness is not obtained during the random placement operations. Voids between the armor stones shall not be filled with chinking stones. The placement or armor stones shall proceed as soon as practicable after placement of geotextile fabric to prevent wave/current actions from displacing the fabric and underlying sub-grade material.

Tolerance for placing rock slope protection shall be minus zero feet and plus 0.5 feet with respect to neat lines and measured perpendicular to the slope; placement shall start at the bottom of the slope (at toe) and work upward. In order to achieve slope uniformity and solid seating of armor rock, nudge all high-riding rocks with a normal-to-slope strike of the placement bucket. Nudging shall be carefully controlled to prevent dislodgment of more distant rocks in the mound, with impact sufficient only to consolidate the immediate area around the rock being nudged so as to bring it within tolerance limits and lock it firmly in place. Placement methods are subject to approval of the Owner and Owner’s Representative.

C. Misplaced Materials: Any rock misplaced and judged objectionable by the Owner or Owner’s Representative shall be removed by the Contractor at his own expense prior to acceptance of the job.

D. Additional Rock: Prior to final acceptance of the project, if additional rock is required to conform to the sections on the drawings, the Contractor shall return to the points requiring such additional rock and place same, without any additional compensation.

END OF SECTION


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SECTION 02300

EARTHWORK

PART 1 - GENERAL

1.1 DESCRIPTION

The work of this section consists of excavation, fill, fine grading, and backfill for rock slope protection.

1.2 SUBSURFACE SOIL CONDITIONS

A Geotechnical Investigation Report has been previously prepared (2005) by Haro Kasunich & Associates (HKA) and is available for review at the Owner’s office. The Contractor shall make their own interpretation to the findings and recommendations of the Geotechnical Investigation Report in planning and executing his work.

1.3 DEFINITIONS

A. Fill: All soil or rock-soil materials placed to raise the grade of the site or to backfill excavations.

B. On-Site Material: Soil or granular material which is obtained from the required excavation on the site.

C. Imported Material: Soil or granular material which is brought to the site from off-site areas.

D. Select Material: On-site and/or imported material which meets the requirements of this specification for a specific purpose fill.

E. Degree of Compaction or Relative Compaction: The ratio, expressed as a percentage, of the in- place dry density of the fill and backfill material as compacted in the field to the maximum dry density of the same material as determined by ASTM D 1557 (latest revision) compaction test method.

F. Optimum Moisture: Water content, percentage by dry weight, corresponding to the maximum dry density as determined by ASTM D 1557 (latest revision).

1.4 OBSERVATION AND TESTING

A. All site preparation, cutting and shaping, excavating, filling and backfilling shall be carried out under the observation of the Owner or his representative. Contractor shall perform appropriate field and laboratory tests to evaluate the suitability of fill material, the proper moisture content for compaction, and the degree of compaction achieved. Any fill that does not meet the specification requirements shall be removed and/or re-compacted until the requirements are satisfied.

B. Tests for compaction will be made in accordance with test procedures outlined in ASTM D 1557, as applicable. Field testing of soils or compacted fill in place shall conform with the applicable requirements of ASTM D 2922 (latest revision). Results of field testing shall be submitted to the Owner or Owner’s Representative.

1.5 SITE CONDITIONS


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A. A silt curtain shall be installed 25’ offshore of the earthwork during the construction phases. The silt curtain will trap suspended sediment and cause deposition within the curtain boundaries. The silt curtain shall be anchored securely to the shoreline and weighted to the seafloor so that no turbidity is permitted to exit the curtain boundaries.

B. Excavation, filling, backfilling and grading work shall not be performed during unfavorable weather conditions. When the work is interrupted by rain, excavating, filling, backfilling and grading work shall not be resumed until the site and soil conditions are suitable in the opinion of the Owner. The Owner/Engineer will make the determination to halt or continue operations.

C. Contractor shall take the necessary measures to prevent erosion of freshly filled, backfilled and graded areas until such time as permanent drainage and erosion control measures have been installed.

PART 2 - PRODUCTS

2.1 SOIL MATERIALSA. Select Material:1. Select Material shall be free from organic matter and other deleterious substances, and of such quality that it will compact thoroughly without excessive voids when watered and rolled. Excavated on-site material will be considered suitable for select material if it conforms to the requirements specified below.

2. Excavated earth material which is suitable for select material shall be conditioned for reuse and properly stockpiled as required for later filling operations. Conditioning shall consist of spreading material in layers not to exceed 8 inches and raking free of debris and rubble. Rocks and aggregate, exceeding 3 inches in the largest dimension, and deleterious material shall be removed and disposed of offsite in a legal manner.

3. Provide the Owner at least 48 hours prior to the start of filling operations with samples of the material intended to be used for fill. All materials to be used for filling require the approval of the Owner.

4. Select Material shall be an inert, non-expansive soil or soil-rock material free of organic matter and meeting the following requirements:

Gradation (ASTM D 421): Sieve Size2-Inch#200

Percent Passing100

10 – 25

Plasticity (ASTM D 4318): Liquid Limit< 35

Plasticity Index< 15

Swell Potential (ASTM D 4546B): Percent Heave< 2

Swell Pressure< 30psf

Organic Content (ASTM D 2974): Less than 2 Percent

2.2 SAND: Backfill sand shall be clean and well graded, all passing a No. 4 U.S. Standard Sieve, and conforming generally to ASTM C 33 for fine aggregate.

2.3 GRAVEL: Gravel shall consist of broken stone, crushed or uncrushed gravel, clean quarry waste, or a combination thereof. The gravel shall be free from adobe, vegetable matter, loam, volcanic tuff, and other deleterious substances. It shall be of such quality that the absorption of water in a saturated surface dry


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condition does not exceed 3 percent of the oven dry weight of the samples. Gradation by dry weight shall conform to the following:

Sieve Size Percentage Passing Sieve

1 ½-Inch 1001-Inch 90-100

3/8-Inch 0-5#4 0

PART 3 - EXECUTION

3.1 STAKING AND GRADES

Contractor shall lay out all his work, establish all necessary markers, bench marks, grading stakes, and other stakes as required to achieve design grades.

3.2 EXISTING UTILITIES

Contractor shall verify on-site the locations and depth (elevation) of all existing utilities and services before performing any excavation work.

3.3 EXCAVATION

A. Perform excavation and provide shoring, bracing, underpinning, cribbing, pumping, and planking as required. The bottoms of excavations shall be level, firm, undisturbed earth, clean and free from loose material, debris and foreign matter.

B. Excavations shall be kept free from water at all times. Adequate dewatering equipment shall be maintained at the site to handle emergency situations until any structure or backfill is placed.

C. Unauthorized excavations shall be backfilled with sand or gravel to required elevations, unless other methods of filling are authorized by the Owner.

D. Excavated earth material which is suitable for select materials shall be conditioned for reuse and properly stockpiled for later filling operations.

E. Abandoned sewers, piping, and other utilities encountered in the progress of the excavation shall be removed and the resulting excavations shall be backfilled with sand or gravel unless other methods of filling are authorized by the Owner.

F. Any active utility lines encountered shall be reported immediately to the Owner and utility providers involved. The Owner and proper utility provider shall be permitted free access to take

the measures deemed necessary to repair, relocate, or remove the obstruction as determined by the Owner.

G. There are several active storm sewer drain pipes that run through the revetments (noted on drawings). The revetment excavation and re-construction may require temporary removal and/or alteration of these pipes; however, at completion, they shall be re-constructed as shown on the plans.

3.4 SUBGRADE PREPARATION

A. All brush and other rubbish shall be removed from the site and disposed of legally.


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B. Any existing structures, foundations, underground features, or debris must be removed from the site prior to any grading or fill operations. The resulting depressions shall be properly prepared and filled to the satisfaction of the Owner.

C. Vegetation and organic topsoil shall be removed from the site upon which the fill is to be placed. The surface shall then be scarified to a depth of at least 8 inches until the surface is free from ruts, hummocks, or other uneven features which would tend to prevent uniform compaction by the equipment to be used.

D. After the foundation for the fill has been cleared and scarified, it shall be made uniform and free from large clods. The proper moisture content must be obtained by adding water or aerating. The foundation for the fill shall be compacted at the proper moisture content to a relative compaction as specified herein and bonded with the initial lift of fill.

E. Final Prepared Sub-grade: Finish blading and smoothing shall be performed as required to produce the required density and a uniform surface smooth and true to grade.

3.5 ENGINEERED FILL

A. Fill material shall be Select Material.

B. Engineered fill shall be spread in uniform lifts not exceeding 8 inches in uncompacted thickness. Each layer shall be spread evenly and thoroughly blade-mixed to obtain uniformity of material. Fill material which does not contain sufficient moisture to compact properly shall be sprinkled with water; if it contains excess moisture it shall be aerated or blended with drier material to the proper water content.

C. Unless otherwise specified, each layer shall be compacted to at least 95 percent relative compaction at a moisture content of at least 3 percent above the optimum moisture content.

D. Testing and Observation of Fill: The work shall consist of field observation and testing to determine that each layer has been compacted to the required density and that the required moisture is being obtained. Any layer or portion of a layer that does not attain the compaction required shall be scarified and re-compacted until the required density is obtained. Contractor is required to procure independent testing services and shall submit test results to the Owner/Engineer for each test completed.

F. Compaction: Compaction shall be by sheepsfoot rollers, multiple-wheel steel or pneumatic-tired rollers or other types of acceptable compaction rollers. Rollers shall be of such design that they will be able to compact the fill to the specified compaction. Rolling shall be accomplished while the fill material is within the specified moisture content range. Rolling of each layer must be continuous so that the required compaction may be obtained.

G. Fill slopes shall be constructed by overfilling the design slopes and later cutting back the slopes to the design grades. No loose soil will be permitted on the face of the finish slopes.

3.6 BACKFILLING

Backfill shall be select material compacted to at least 90% relative compaction. Backfill shall be placed in 8-inch layers, leveled, rammed and tamped in place.

3.7 FINISH GRADING

Finish grade all areas to elevations and grades indicated on the Drawings.

3.8 DISPOSAL OF WASTE MATERIALS

Excess earth materials and debris shall be removed from the site and disposed of in a legal manner.


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END OF SECTION


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SECTION 02373

GEOTEXTILES USED AS FILTERS

PART 1: GENERAL

1.1 DESCRIPTION: Work includes furnishing and placing geotextile fabric.

1.2 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

ASTM INTERNATIONAL (ASTM)

ASTM D 123 (2003) Terminology Relating to Textiles

ASTM D 4355 (2002) Deterioration of Geotextiles from Exposure to Light, Moisture and Heat in a Xenon-Arc Type Apparatus

ASTM D 4491 (1999a) Water Permeability of Geotextiles by Perceptivity

ASTM D 4533 (1991; R 1996) Trapezoid Tearing Strength of Geotextiles

ASTM D 4632 (1991; R 2003) Grab Breaking Load and Elongation of Geotextiles

ASTM D 4751 (1999a) Determining Apparent Opening Size of a GeotextileASTM D 4833 (2000el) Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products

ASTM D 4873 (2002) Identification, Storage, and Handling of Geosynthetic Rolls and Samples

ASTM D 4884 (1996; R 2003) Strength of Sewn or Thermally Bonded Seams of Geotextiles

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 1110-2-1601 (1994) Hydraulic Design of Flood Control Channels

1.3 SUBMITTALS: Submit samples of the geotextile fabric accompanied by certificates of compliance certifying that the material meets the requirements of these specifications.

PART 2: PRODUCTS

2.01 GEOTEXTILE

2.01.1 GENERAL


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The geotextile shall be a non-woven, permeable, needle-punched pervious sheet of plastic yarn as defined by ASTM D 123. The geotextile shall equal or exceed the minimum average roll values listed in TABLE 1, MINIMUM PHYSICAL REQUIREMENTS FOR REVETMENTGEOTEXTILE (Caltrans Class 8). Strength values indicated in the table are for the weaker principal direction.

TABLE 1MINIMUM PHYSICAL REQUIREMENTS FOR REVETMENT GEOTEXTILE (Caltrans Class 8)

PROPERTY UNITS VALUE TEST METHODMASS Oz/SY 7.5 ASTM D 5261GREAB BREAKING LOAD Lb, 1-inch grip min, in each direction 200 ASTM D 4632APPARENT ELONGATION % min., in each direction 50 ASTM D 4632PERMITIVITY Sec-1 min. 1.0 ASTM D 4491APPARENT OPENING SIZE U.S. SIEVE: min. and max. 70-100 ASTM D 4751ULTRAVIOLET RESISTANCE

% min. retained grab breaking load, 500 hours 70 ASTM D 4355

2.1.1.2 GEOTEXTILE FIBER

Fibers used in the manufacturing of the geotextile shall consist of a long-chain synthetic polymer composed of at least 85 percent by weight of polyolefins, polyesters, or polamides. Stabilizers and/or inhibitors shall be added to the base polymer if necessary to make the filaments resistant to deterioration caused by ultraviolet light and heat exposure. Reclaimed or recycled fibers or polymer shall not be added to the formulation. Geotextile shall be formed into a network such that the filaments or yarns retain dimensional stability relative to each other, including the edges. The edges of the geotextile shall be finished to prevent the outer fiber from pulling away from the geotextile.

2.1.2 SEAMS

The seams of the geotextile shall be sewn with thread of a material meeting the chemical requirements given above for geotextile yarn or shall be bonded by cementing or by heat. The sheets of geotextile shall be attached at the factory or another approved location, if necessary, to form sections not less than 36 feet wide (so that geotextile can be rolled out from side to side, avoiding overlapping and stitching in the direction of the downslope). Seams shall be tested in accordance with method ASTM D 4884. The strength of the seam shall be not less than 90 percent of the required grab tensile strength of the un-aged geotextile in any principal direction.

2.1.3 SECURING PINS (OR OTHER)

The geotextile shall be secured to the embankment or foundation soil by pins to prevent movement prior to placement of revetment armor stone. Other appropriate means to prevent movement such as staples, sand bags, and stone can also be used. Securing pins shall be inserted through both strips of overlapped geotextile along the line passing through midpoints of the overlap. Securing pins shall be removed as placement of revetment materials are placed to prevent tearing of geotextile or enlarging holes maximum spacing between securing pins depends on the steepness of the embankment slope. The maximum pins spacing shall be equal to or less than the values listed in TABLE 2, MAXIMUM SPACING FOR SECURING PINS. When windy conditions prevail at the construction site, the number of pins should be increased upon the demand of the Contracting Officer. Terminal ends of the geotextile shall be anchored with key trench or apron at crest, toe of the slope and upstream and downstream limits of installation.


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TABLE 2MAXIMUM SPACING FOR SECURING PINS

EMBANKMENT SPACING, feet

STEEPER THAN IV ON 3H 2

IV ON 3H TO IV ON 4H 3

FLATTER THAN IV ON 4H 5

2.2 INSPECTIONS, VERIFICATIONS AND TESTING

2.2.1 MANUFACTURING AND TESTING

Geotextiles and factory seams shall meet the requirements specified in TABLE 1, MINIMUM PHYSICAL REQUIREMENTS FOR REVETMENT GEOTEXTILE. Conformance testing shall be performed in accordance with the manufacturers approved quality control manual.

PART 3: EXECUTION

3.1 SURFACE PREPARATION

Surface on which the geotextile will be placed shall be prepared to a relatively smooth surface condition, in accordance with the applicable portion of this specification and shall be free from obstruction, debris, depressions, erosion feature, or vegetation. Any irregularities will be removed so as to insure continuous, intimate contact of the geotextile with the entire surface. Any loose material, soft or low density pockets of material, will be removed; erosion features such as rills, gullies etc. must be graded out of the surface before geotextile placement.

3.2 INSTALLATION OF THE GEOTEXTILE

3.2.1 GENERAL

The geotextile shall be placed in the manner and at the locations shown. At the time of installation, the geotextile shall be rejected if it has defects, rips, holes, flaws, deterioration or damage incurred during manufacture, transportation or storage.

3.2.2 PLACEMENT

The geotextile shall be placed with the long dimension parallel to the shoreline and laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width of 24 inches of overlap for each joint. The placement procedure requires that the width of the geotextile be approximately 15 percent greater than the slope length.

The Contractor shall adjust the actual length of the geotextile used based on initial installation experience. Temporary pinning of the geotextile to help hold it in place until the armor stone layer is placed shall be


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allowed. The temporary pins shall be removed as the underlayer is placed to relieve high tensile stress which may occur during placement of material on the geotextile.Design protection of riprap should be in compliance with EM 1110-2-1601. Trimming shall be performed in such a manner that the geotextile shall not be damaged in any way.

3.3 PROTECTION

The geotextile shall be protected at all times during construction from contamination by surface runoff and any geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Any damage to the geotextile during its installation or during placement of overlying materials shall be replaced by the Contractor at no cost to the Government. The work shall be scheduled so that the covering of the geotextile with a layer of the specified material is accomplished within 1 calendar day after placement of the geotextile. Failure to comply shall require replacement of geotextile. The geotextile shall be protected from damage prior to and during the placement of riprap or other materials. This may be accomplished by limiting the height of drop to less than 1 foot or other methods deemed necessary. Before placement of overlying materials, the Contractor shall demonstrate that the placement technique will not cause damage to the geotextile. In no case shall any type of equipment be allowed on the unprotected geotextile.

3.4 STORAGE AND HANDLING

A. Rolls of geotextile shall be protected from construction equipment, chemicals, sparks and flames, temperatures in excess of 160 degrees F, or any other environmental condition that may damage the physical properties of the geotextile. To protect geotextile from becoming saturated, rolls shall either be elevated off the ground or placed on a sacrificial sheet of plastic in an area where water will not accumulate.

B. Geotextile rolls shall be handled and unloaded with load carrying straps, a fork lift with a stinger bar, or an axial bar assembly. Rolls shall not be dragged along the ground, lifted by one end, or dropped to the ground, or moved by any other means by which the fabric may be torn.

END OF SECTION


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