West County Wastewater ("WCW") is accepting sealed bids via their e-Procurement Portal, ProcureNow until Friday, July 10, 2026, 2:00 pm PST. Late submissions shall not be accepted.
WCW has contracted with Pressure Pipe Consulting Company (PPCC) to perform an inline assessment of the Tara Hill Force Main. The assessment will require launching and receiving a series (approximately 3) progressive pigs and one (1) diagnostic and mapping pig (probe). To perform this in line phase of the assessment, Civil work is required to install a Launch Barrel, install a Receive Barrel and remove a plug valve and replace it with a full port gate valve. By passes and line-stops will be required to perform this work. Additional scope to assess the pipe condition will also be performed by Electro Magnetic Thickness Testing. For the consultant to perform this exterior analysis phase of the condition assessment, potholing will need to be provided by the Civil Contractor to enable access to the crown of the pipeline. The civil work scope also includes assisting the assessment pigging/probe consultant to launch and retrieve the pigs and probe. The Civil Contractor will also be required to restore site conditions at the (3) locations where civil work is performed and at the location of potholes. The location of the proposed work sites are specified in the bid documents. The Civil Contractor will also assist Assessment Consultant by providing support with tasks to insert and retrieve pigs and probe and to supply supplemental water.
West County Wastewater (WCW) provides wastewater collection and treatment services to approximately 93,000 residents. WCW was created December 19, 1921, pursuant to authority of the State of California. Today, WCW operates as a political subdivision of the State of California as an independent special district. WCW's current political boundaries are comprised of the City of San Pablo, a portion of the City of Richmond, a portion of the City of Pinole and some unincorporated areas within western Contra Costa County.
WCW's system includes 249 miles of gravity sewer pipelines, 17 lift stations, 6 miles of pressurized force mains, and a water quality resource recovery plant with an NDPES permitted capacity of 12.5 million gallons per day (MGD).
- Notice —
INVITING SEALED BIDS
WEST COUNTY WASTEWATER
Force Main Assessment Civil Work
PROJECT NO. 26-IFB-029
NOTICE IS HEREBY GIVEN THAT the Board of West County Wastewater, Richmond, California, invites and will receive sealed bids for furnishing all labor, equipment, materials and services specified for the construction of WCW Project No. 26-IFB-029, Force Main Assessment Civil Work, in conformance with the approved Contract Documents.
The work covered by this contract will be performed at West County Wastewater Tarahills Lift Station 2250 Tara Hills Dr. San Pablo CA, 94806.
The work includes, but is not necessarily limited to, the following:
Installation of Launch Barrel
- Installation of Receive Barrel
- Removal of Plug Valve & Replacement of Full Port Gate Valve
- Potholing
- Project Support
The Engineer’s estimate for the work is $1,361,000.
A pre-bid conference to discuss the project will be held at10:00 am, local time onTuesday, June 23, 2026 at2250 Tara Hills Dr. San Pablo CA, 94806. A mandatory site visit shall be conducted by all prime contractors interested in bidding the project. This site visit can be done immediately after the pre-bid conference. The alternate time for the mandatory site visit is at10:00 AM local time onJune 23, 2026 at the2250 Tara Hills Dr. San Pablo CA, 94806.
Bid opening date: WCW will receive sealed bids via WCW’s e-Procurement Portal, ProcureNow (https://secure.procurenow...) until 2:00 pm, local time, Friday, July 10, 2026. At that time, accepted bids will be publicly opened.
Contract Documents are available on WCW's e-Procurement Portal, without charge.
Inquiries regarding further information about the project shall be submitted in writing through the ProcureNow Question/Answer Tab via WCW's e-Procurement portal, on or before, Question & Answer Submission Date by Question & Answer Submission Time. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on WCW's e-Procurement Portal.
Notice is hereby given that, pursuant to Part 7, Chapter 1, Article 2, Section 1770 et. seq. of the Labor Code of the State of California, the successful bidding contractor and its sub contractors shall pay their labor forces not less than the general prevailing rate of per diem wages as determined by the Director of Industrial Relations, and travel and subsistence pay as such are defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of said Labor Code, for work needed and performed on this Project. Said determinations, in effect at the time of publishing this notice, are on file at the above identified WCW Office and may be examined there by appointment only, and copies of which are available to any interested party on request. It shall, pursuant to the provisions of Section 1773.2 of said Labor Code, be a requirement of the work for the successful bidding contractor to post and maintain a copy of said wages' determination at the project sited throughout the duration of the work.
Bids to receive consideration must be submitted by the bona fide prime contractor who proposes to undertake the work and who is properly licensed in accordance with the Contractor's License Law as provided beginning at Section 7000 of the Business and Professions Code of the State of California. The valid license(s) required for the work as follows: NO VALUE. Each bid submitted must be on the forms furnished within the Project Contract and must be accompanied by a certified or cashier's check or bidder's bond for an amount not less than ten (10) percent of the aggregate total bid.
The Contractor shall be allowed to substitute securities for any moneys withheld to ensure performance under this Contract pursuant to Section 22300 of the California Public Contract Code.
The WCW Board of Directors reserves the right to reject any or all bids for the work and waive any irregularity in bids received.
Dated at Richmond, California, this 15th day of June, 2026
William Silver, Project Manager
West County Wastewater
County of Contra Costa, State of California
- Award and Execution of Contract —
The successful bidder will be notified in writing by WCW of Award of Contract within Sixty (60) calendar days after opening of proposals. Accompanying WCW’s Notice of Award will be the Contract, in duplicate, which the successful bidder will be required to sign and return together with the Performance Bond, Payment Bond, and the required number of copies of insurance certificates and endorsements to WCW within ten (10) calendar days following receipt of such Notice of Award. WCW will promptly determine whether such Contract, bonds, and insurance certificates and endorsements are as required by the Contract Documents, and upon such determination will forward a fully signed copy of the Contract to the successful bidder. WCW may issue a Notice to Proceed at any time prior to forwarding the Contract. No work shall be performed at the site prior to the date set forth in the Notice to Proceed. The failure of any bidder to whom WCW may award the Contract, as aforesaid to sign and return to WCW, the Contract together with the required Performance Bond, Payment Bond, and insurance certificates and endorsements within the specified time period, shall entitle WCW to declare a breach of Contract by such bidder, to award the Contract to another bidder in accordance with the provisions of the Contract Documents, and to declare a forfeiture of the bidder's proposal security accompanying its proposal.
- PREPARATION AND SUBMISSION OF PROPOSALS —
Proposals shall be submitted via WCW’s e-Procurement Portal, ProcureNow as required by this solicitation. All proposal forms shall be properly executed and all information shall be provided as required. Failure to comply may be cause for rejection of the proposal.
The quantities included in the bid proposal are estimates of the work to be completed. WCW may add work of the same nature to this Contract if the addition is in the best interests of WCW.
Partial or incomplete proposals will not be accepted. Proposals shall be in strict conformity with the approved Contract Documents for Project No.26-IFB-029, Force Main Assessment Civil Work, and any Addenda thereto.
The bidder shall submit its proposal prior to the stated closing time. Any proposal received after the stated closing time for receipt of proposals will not be accepted through the e-Procurement Portal.
The preparation of a proposal shall be by and at the expense of the bidder.
Changes in or additions to the bid form, recapitulation of the work bid upon, alternative bids or any other modifications of the bid form which are not specifically called for in the Contract Documents may result in rejection of the bid by WCW, as not being responsive to the Notice to Contractors. No oral or telephonic modification of any bid submitted will be considered.
Proposals shall be firm for sixty (60) calendar days from and after the stated closing time, or until a Contract is fully executed by WCW and a bidder, whichever is earlier.
- Installation of Launch Barrel- Tara Hills lift Station —
Install temporary bypass and line-stops.
Install Launch Barrel for Condition Assessment.
Restore site conditions.
- Award and Execution of Contract —
The successful bidder will be notified in writing by WCW of Award of Contract within Sixty (60) calendar days after opening of proposals. Accompanying the WCW’s Notice of Award will be the Contract, in duplicate, which the successful bidder will be required to sign and return together with the Performance Bond, Payment Bond, and the required number of copies of insurance certificates and endorsements to WCW within ten (10) calendar days following receipt of such Notice of Award. WCW will promptly determine whether such Contract, bonds, and insurance certificates and endorsements are as required by the Contract Documents, and upon such determination will forward a fully signed copy of the Contract to the successful bidder. WCW may issue a Notice to Proceed at any time prior to forwarding the Contract. No work shall be performed at the site prior to the date set forth in the Notice to Proceed. The failure of any bidder to whom WCW may award the Contract, as aforesaid to sign and return to WCW, the Contract together with the required Performance Bond, Payment Bond, and insurance certificates and endorsements within the specified time period, shall entitle WCW to declare a breach of Contract by such bidder, to award the Contract to another bidder in accordance with the provisions of the Contract Documents, and to declare a forfeiture of the bidder's proposal security accompanying its proposal.
- Bonds and Insurance Policies —
The Bidder to whom the contract award is made shall, at the time of execution of the Contract, furnish to WCW a Performance Bond and a Payment Bond, executed as surety by a corporation acceptable to WCW and authorized to issue such Surety Bonds in the state of California. Such bonds shall be substantially in the form included in Subsections 3 and 4 respectively, of Section 01004 of the Contract Documents. Such Performance Bond and Payment Bond shall be for one hundred (100) percent of the Proposal total as set forth in the Schedule of Bid, Section 01003, Subsection 2. The entire cost of these bonds shall be borne by the successful Bidder.
If the Surety on any bond furnished by the Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated, or it ceases to meet the requirements of the above paragraph, the Contractor shall, within five (5) calendar days thereafter, notify WCW and substitute another bond and surety, both of which must be acceptable to WCW.
The successful Bidder shall at the time of execution of the Contract deliver to WCW one (1) copy of policies of insurance obtained in accordance with the requirements of the Contract Documents.
- Bonds and Insurance Policies —
The Bidder to whom the contract award is made shall, at the time of execution of the Contract, furnish to WCW a Performance Bond and a Payment Bond, executed as surety by a corporation acceptable to WCW and authorized to issue such Surety Bonds in the state of California. Such bonds shall be substantially in the form included in Subsections 3 and 4 respectively, of Section 01004 of the Contract Documents. Such Performance Bond and Payment Bond shall be for one hundred (100) percent of the Proposal total as set forth in the Schedule of Bid, Section 01003, Subsection 2. The entire cost of these bonds shall be borne by the successful Bidder.
If the Surety on any bond furnished by the Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated, or it ceases to meet the requirements of the above paragraph, the Contractor shall, within five (5) calendar days thereafter, notify WCW and substitute another bond and surety, both of which must be acceptable to WCW.
The successful Bidder shall at the time of execution of the Contract deliver to WCW one (1) copy of policies of insurance obtained in accordance with the requirements of the Contract Documents.
- EXAMINATION OF DOCUMENTS AND EXPLANATION TO BIDDERS —
Any bidder planning to submit a proposal is responsible for examining with appropriate care the complete Contract Documents, including all Addenda, and is also responsible for being informed with respect to all conditions which might in any way affect the cost or the performance of any work.
Failure to do so will be at the sole risk of the bidder, and no relief can be given for errors or omissions by the bidder.
All questions relative to the Contract Documents shall be in writing and shall be submitted in writing through the ProcureNow Question/Answer Tab via the WCW's e-Procurement portal, on or before, Friday, June 26, 2026 by 5:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on WCWs e-Procurement Portal.
Should the bidder find discrepancies in or omissions from the Contract Documents, or should the intent or meaning of the documents appear unclear or contain patent ambiguities, the bidder shall at once notify WCW of such findings. Questions received less than ten (l0) calendar days prior to the date for opening of the bids may not be answered. The bidder making such request shall be solely responsible for its timely receipt by WCW. Replies to such findings may be made in the form of addenda which shall be posted on WCW's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract documents. Only questions answered by formal written addenda will be binding.
Copies of the Contract Documents are available for examination without charge via the e-Procurement portal.
Copies of the Contract Documents may be obtained for a non-refundable fee of $110.00 per set if requested by mail. Payment must be made prior to the time any documents are mailed. Make check and/or money order payable to West County Wastewater (WCW).
West County Wastewater
2910 Hilltop Drive
Richmond, CA 94806
- Installation of Receive Barrel- Giant Hwy —
Install temporary bypass and line-stops.
Install Receive Barrel for Condition Assessment.
Restore site conditions.
- Workers' Compensation Statement —
The Bidder to whom the Contract Award is made shall, at the time of execution of the Contract, furnish to WCW a statement certifying compliance with the workers' compensation provision of the California Labor Code. Such certification shall be substantially in the form included in Section 01004, Subsection 6 of the Contract Documents.
- Civil Work on Rachael Rd. —
Install temporary bypass and line-stops.
Remove the plug valve and replace it with a full port gate valve.
Restore site conditions.
- Workers' Compensation Statement —
The Bidder to whom the Contract Award is made shall, at the time of execution of the Contract, furnish to WCW a statement certifying compliance with the workers' compensation provision of the California Labor Code. Such certification shall be substantially in the form included in Section 01004, Subsection 6 of the Contract Documents.
- SITE INSPECTION AND CONDITIONS —
It is the intent of WCW to provide a safe working environment under normal conditions. BECAUSE OF POTENTIALLY HAZARDOUS CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS, SPECIALIZED EQUIPMENT MAY BE NECESSARY AND STRICT CONFORMANCE WITH SAFETY REGULATIONS WILL BE REQUIRED. Attention is further directed to Section titled "Article GC-20, Laws and Regulations".
In addition to examination of the Contract Documents, each prospective bidder shall become fully informed regarding all existing and expected conditions and matters which could affect any work or performance of any work in any way, and especially the cost of performing any work. The project may be visited and conditions discussed at the pre-bid conference set forth in, “Notice to Contractors”.
Any failure to fully investigate the sites or the foregoing conditions shall not relieve the bidder from responsibility for estimating properly the difficulty or cost of successfully performing any work. Neither WCW nor any of its representatives or agents assumes any responsibility for any understanding or representation made by WCW or any of its representatives or agents prior to the execution of a Contract pursuant to the Contract Documents.
- SITE INSPECTION AND CONDITIONS —
It is the intent of WCW to provide a safe working environment under normal conditions. BECAUSE OF POTENTIALLY HAZARDOUS CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS, SPECIALIZED EQUIPMENT MAY BE NECESSARY AND STRICT CONFORMANCE WITH SAFETY REGULATIONS WILL BE REQUIRED. Attention is further directed to Section titled "Article GC-20, Laws and Regulations".
In addition to examination of the Contract Documents, each prospective bidder shall become fully informed regarding all existing and expected conditions and matters which could affect any work or performance of any work in any way, and especially the cost of performing any work.
Any failure to fully investigate the sites or the foregoing conditions shall not relieve the bidder from responsibility for estimating properly the difficulty or cost of successfully performing any work. Neither WCW nor any of its representatives or agents assumes any responsibility for any understanding or representation made by WCW or any of its representatives or agents prior to the execution of a Contract pursuant to the Contract Documents.
- Potholing —
Provide up to twenty (20) potholes at various locations as specified by engineer.
Dump spoils at WCW wastewater treatment plant located at 2377 Garden Tract Rd., Richmond, CA 94801.
Restore site conditions.
- WCW'S MODIFICATION OF THE DOCUMENTS —
WCW may modify any provision or part of the document at any time prior to three (3) calendar days before closing time, provided that the closing time set forth in “Notice to Bidders”, may be extended by WCW at any time prior to said closing time. Such revisions, if any, will be in the form of addenda which will be posted on WCW's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB.
Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids and shall be made a part of the Contract. Failure to so acknowledge may result in the bid being rejected as non- responsive. Failure of any bidder to receive such addenda shall not be grounds for non-compliance with the terms of the instructions.
- Authority of the Engineer —
"WCW" is the West County Wastewater. The "Design Engineer" is listed in
Notice to Bidders. The "Engineer" is WCW Engineer of West County Wastewater or the Engineer's duly authorized representative during the life of the Contract. The engineer will observe the work in progress on behalf of WCW. All questions and requests of the Contractor as to compensation (including additional compensation), interpretation of the Contract, instructions, or extensions of time, otherwise shall be submitted in writing to the Engineer for determination.
The Engineer is authorized to determine the amount, quality, acceptability, and fitness of all work, materials, and equipment required by the Contract.
The Engineer will decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work, and the Engineer's decision will be final.
The Engineer will decide all questions which may arise as to the coordination and interpretation of the plans and specifications, and the Engineer's decision will be final.
The Engineer will decide all questions as to the acceptable fulfillment of the Contract on the part of the Contractor, and the Engineer's decision will be final.
The Engineer will decide all questions as to measurement and payment, and the Engineer's decision will be final.
The Engineer will have the authority to reject defective work and materials whenever such rejection may be necessary to assure execution of the Contract in accordance with the intent of the Contract Documents.
The Engineer will determine all amounts owing to the Contractor.
The Engineer will prepare/issue contract change orders for all authorized changes or approved extra work in the Contract.
The Engineer will have the authority to monitor project schedules and to enforce project schedule requirements, and to take such measures as may be necessary to maintain overall project schedules.
The Engineer will have the authority to enforce and to make effective such decisions and orders which the Contractor fails to carry out promptly.
All determinations and instructions of the Engineer whether in response to a question or otherwise will be final unless the Contractor shall file a written protest with the Engineer as set forth in this Article GC-1.
- Contractor's Responsibilities and Appeal Procedure —
The Contractor shall be solely responsible for requesting instructions or interpretations as required by the Contract, and any costs and expenses, including attorneys' fees, arising from its failure to do so shall be borne by the Contractor.
The Contractor shall proceed without delay to perform the work as directed, instructed, determined, or decided by the Engineer and shall comply promptly with such directions, instructions, determinations, or decisions. If the Contractor has any objection thereto, the Contractor may, within ten (10) calendar days of having received any such directions, instructions, determinations, or decisions, require that any such direction, instruction, determination, or decision be put in writing. Within ten (10) calendar days after receipt of any such written determination, the Contractor may file a written protest with the Engineer stating clearly and in detail the Contractor's objections, the reasons therefor, and the nature and amount of additional compensation or extension of time, if any, to which the Contractor contends it will be entitled thereby. The Contractor shall proceed to perform the work that the Contractor may contend as being outside the scope of the Contract while the Contractor's protest is being considered. The Contractor is cautioned, however, that unless the Contractor has been ordered by WCW pursuant to Article GC- 12.E., Request for Additional Compensation, to perform changes or extra work additional compensation will not be considered. The Contractor shall prepare daily cost records and obtain an acknowledgment by the Engineer in accordance with GC-12C, Cost Plus Change Orders.
The Engineer will issue a decision upon each protest. If the Engineer determines that the facts support the protest, the Contract will be modified accordingly, in writing. If the Engineer determines that the facts do not support the protest, such request will be denied. The Engineer's finding of fact of either determination will be given to the Contractor and such findings shall be final and conclusive. At all times, the Contractor shall proceed with the work in accordance with the direction, instruction, determination, or decision of the Engineer. Unless the Contractor follows the requirements of this Article GC-1, the Contractor shall be deemed to have waived all grounds for protest of direction, instruction, determination, or decision and all claims for additional compensation, extensions of time, or damages occasioned thereby for which protest could have been made under this Article GC-1, and shall further be deemed to have accepted such direction, instruction, determination, or decision as being fair, reasonable, and determinative of the Contractor's obligations and rights under the Contract.
If the Contractor has outstanding claim issues upon acceptance of the contract work by WCW, the Contractor shall, within thirty (30) calendar days from the date of said acceptance, submit to the Engineer a written statement of all claims it maintains exist arising under or by virtue of the Contract. No claim will be considered that is not clearly identified in said written statement of claims and no claim will be recognized for which a notice or protest is not prosecuted as required under the provision contained in Articles GC-11, Differing Site Conditions,; GC-12, Changes and Extra Work; GC-42, Liquidated Damages; and GC-53, Utility and Other Existing Facilities.
Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the bases and respective amounts of said claims. The Engineer will review and consider the Contractor's claims; however, the Contractor shall be responsible for furnishing, within a reasonable time, such further information and details as may be requested by the Engineer to ascertain the facts or contentions involved in the Contractor's claims. Failure of the Contractor to submit such requested information and details shall be sufficient cause for WCW to deny such claims.
Upon final determination of the claims, the Engineer will prepare and issue a final payment in the entire sum found due thereon.
- Project Support —
Assist and coordinate with WCW and consultant to support pigging operation.
This support includes lifting pigs and probe for insertion and retrieval from barrels.
Providing additional water supply from EBMUD hydrant (location specified on plans) for pigging and tool run.
- REGISTRATION OF CONTRACTORS —
All bidders shall be licensed under the provisions of Chapter 9, Division 3, or the Business and Professions Code of the State of California to do the type of work contemplated in the project and shall be skilled and regularly engaged in the general class or type of work called for under the Contract.
Each bidder shall set forth in its proposal the number, classification, and date of expiration of such license.
- SCHEDULE OF BID —
Bids shall be prepared and submitted in ProcureNow under “Schedule of Bid”. The Total Base Bid shall constitute full compensation for furnishing all materials and doing all work indicated on the drawings or herein specified.
Bidders are advised that a potential exists for the performance of extra work and furnishing of materials by the Contractor which is required for the proper completion of the work or construction of the whole of the project as originally contemplated.
- INTENT OF THE CONTRACT —
A. It is the intent that all obligations of WCW and the Contractor are fully set forth and described in the Contract. All parts of the Contract are intended to be correlative and complementary, and any work required by one part and not mentioned in another part shall be performed to the same extent and purpose as though required by all parts.
The organization of the Contract Documents into sections, parts, and subsections and the arrangement of the contract plans shall not necessarily control the Contractor in dividing any work among any of its subcontractors or in establishing the extent of work to be performed by any trade or craft. The headings or titles of any article, section, subsection, paragraph, provision, or part of the Contract shall not be deemed to limit or restrict the content, meaning, or effect of such article, section, subsection, paragraph, provision, or part. Titles assigned to the various sections and subsections do not necessarily limit the scope of topic, but are assigned solely to designate a central theme which may be further addressed by either volumes, parts, sections, or subsections for particular applications. Absence of reference in any one to other such sections, parts, or subsections shall not in any way serve to waive the requirements otherwise applicable to the work in its entirety. All sections of the Specifications and Project Drawings are interdependent and applicable to the Project as a whole.
Where the words "as shown," "as detailed," "as indicated," or words of like import are used in the Contract, reference is to the Project Drawings unless the context clearly indicates a different meaning. Where the words "required," "approved," "determined," "acceptable," "favorably reviewed," "reviewed," "selected," "directed," "equivalent," "equal," "satisfactory," or words of like import are used in the Contract, action by the Engineer or WCW is indicated unless the context indicates otherwise, and all work shall be in accordance therewith. Such action, or failure to act, shall not relieve the Contractor of its contractual responsibilities for performance of the Contract.
The Contractor shall perform the work in accordance with the terms of the Contract. The Specifications and all notes on the Project Drawings are directed to the Contractor and all work shall be performed by it even though phrases such as "the Contractor shall" or "shall be done by the Contractor" are omitted. Where portions of the work are described in general terms, but not in complete detail, the Contractor shall perform the work utilizing skilled trade persons and high quality material. Unless otherwise specified such as deep excavation/shoring, traffic control, or detail design where a registered professional engineer shall be required, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Contract in a timely, satisfactory, and workmanlike manner.
The misplacement, addition, or omission of a word or character shall not change the intent of any part of the Contract from that set forth by the Contract as a whole.
For the sake of convenience, the masculine/feminine pronoun may be used to designate who performs the work and for other purposes and, in all cases, applies equally to all persons. Moreover, the word "Contractor" as used in the Contract, applies to the General Contractor. If the Contractor is a partnership or joint venture then for the purpose of the Contract, the members of the partnership or joint venture shall be jointly and severally liable notwithstanding any agreement as between themselves to the contrary.
- COMPARISON OF PROPOSALS —
Proposals will be compared on the basis of the Total Base Bid stated in “Schedule of Bid ”.
WCW agrees to examine and consider each bid submitted in consideration of the bidder's agreements, as set forth and as set forth in the proposal forms.
Any proposal which, in the opinion of WCW, is so unbalanced between the various Contract items as to be detrimental to the best interests of WCW, will be rejected.
- DISCOVERY OF ERRORS, OMISSIONS, OR DISCREPANCIES IN THE CONTRACT —
By execution of the Contract, the Contractor agrees that no request for additional compensation, and/or claim under Government Code Section 900 et seq. will be made against WCW for any damages in excess of the aggregate sum of $50,000 or five percent (5%) of the construction costs (whichever is greater) for alleged damage that it or its subcontractors may suffer due to the inadequacy of the Contractor's bid on account of any alleged errors, omissions, or other deficiencies in the Contract Documents supplied to it by WCW. This limitation shall not apply to compensation for extra work authorized by WCW as provided for in Section 01005 Article GC-12, Changes and Extra Work, and Article GC-11, Differing Site Conditions.
If the Contractor discovers any errors, omissions, discrepancies, or conflicts in the Contract, it shall immediately so inform the Engineer in writing. The Engineer will promptly clarify such matters by issuing addenda or change orders. Failure or delay to act on the part of the Engineer shall not constitute a waiver of any right afforded WCW or the Engineer in the Contract Documents or constitute an implied approval. Any work affected by such discoveries which is performed by the Contractor prior to authorization by WCW shall be at the Contractor's risk.
- SUBCONTRACTS, SUBCONTRACTORS, AND RECORDS ACCESS —
By an appropriate written agreement, if legally required for validity, the Contractor shall require each subcontractor, to the extent of the work to be performed by the subcontractor, to be bound to the Contractor by the terms of the Contract, and to assume toward the Contractor all of the obligations and responsibilities which the Contractor, by this contract, assumes toward WCW. Said agreements shall preserve and protect the rights of WCW under the Contract with respect to the work to be performed by the subcontractors so that the subcontractors thereof will not prejudice such rights. Where appropriate, the Contractor shall require such subcontractor to enter into similar agreements with its subcontractors, and for each tier thereafter. The Contractor shall make available to each proposed subcontractor, prior to execution of the subcontract, copies of the Contract Documents for which the subcontractor will be bound by this paragraph of this subsection and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract.
Each subcontractor shall make copies of these Contract Documents, including, but not limited to, the above specific provisions, available to its sub-subcontractors and for each tier thereafter.
The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the work under its control in accordance with the Contract.
No subcontract shall be entered into and the Contractor shall not substitute any person as subcontractor in place of a subcontractor listed in its bid without WCW's prior written consent. WCW, at its discretion, may consent to a subcontractor substitution as provided for by law. No subcontract shall relieve the Contractor of any of its liabilities or obligations under the Contract; the Contractor shall be fully responsible to WCW for the acts and omissions of its subcontractors at any tier and of persons either directly or indirectly employed by subcontractors in the performance of the Contract. The Contractor shall assure that each subcontractor at any tier fully complies with the provisions of the applicable Workers' Compensation Act or any similar law having application to subcontractor's employees.
Unless otherwise provided in the Contract, the Contractor shall, at its expense, upon request of the Engineer, furnish the Engineer with one (1) copy of all of its purchase orders and subcontracts, all applicable drawings and specifications, bills of lading, and data, at all tiers, provided that only the prices thereon may be deleted. The Contractor shall ensure that all subcontracts at all tiers shall contain a provision for furnishing the Contractor with copies of the subcontracts and purchase orders, with the prices thereon deleted. The Contractor shall include Section 01004, Subsection 2, Contract, in all subcontracts at all tiers. Failure of the Contractor or any of its subcontractors at any tier to comply with this provision will be considered as grounds for termination of the Contract at the Contractor's expense in accordance with Article GC-36, Termination of Right To Proceed.
Nothing contained in the Contract shall create any contractual relationship between any subcontractor and WCW.
The Contractor shall at all times be responsible for the safety of its subcontractors' employees at any tier and for its subcontractors' plant and equipment at any tier; and the method of prosecuting the work and shall ensure the compliance, by all subcontractors' employees at any tier, with all local, state, and federal safety regulations and WCW Safety Requirements as may be applicable to the performance of the work.
The Contractor shall at all times be responsible for the adequacy, efficiency, and sufficiency of its subcontractor at any tier or persons employed by the subcontractors. All workers shall have sufficient knowledge, skill and experience to properly perform the work assigned to them.
When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to WCW, the Contractor shall cause such subcontractor forces to be removed immediately upon the request of the Engineer and such subcontractor forces shall not again be employed on the work.
- BIDDER'S STATEMENT OF EQUIPMENT/MATERIAL MANUFACTURERS AND SUPPLIERS AND STATEMENT OF SUBCONTRACTORS —
In the form entitled Bidder's Statement of Equipment/Material Manufacturers and Suppliers, each bidder must submit the name of each person, company, or firm who will, off the job site, specially fabricate and/or provide materials or equipment proposed to be furnished under the bid.
In the form entitled Bidder's Statement of Subcontractors, the bidder shall submit the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who under subcontract to the prime contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans Specifications, in an amount in excess of one-half of one percent (l/2%) of the proposal total or five thousand ($5,000) dollars, whichever is greater, as set forth in the Schedule of Bid. The prime contractor shall indicate the portion which will be done by each such contractor for each such portion as its defined by the subcontractor in its bid.
Failure to list subcontractors in the “Bidder's Statement of Subcontractors” is an express statement by the bidder that it will perform that portion of the work with its own forces. Any request for substitution of a listed subcontractor must be made as provided in the Public Contract Code Section 4107. The prime contractor may not substitute any person or subcontractor for a listed subcontractor without first obtaining written permission of WCW's Board of Directors.
- ASSIGNMENT —
No assignment of any performance of work under this Contract shall be made by the Contractor, its heirs, executors, administrators, or successors without prior written consent of WCW. Consent for any proposed assignment will not be considered which would, by any instrument, relieve the original Contractor or its Surety of the responsibilities under the Contract.
The Contractor may assign monies due or to become due it under the Contract, to the extent permitted by law, and such assignment will be recognized by WCW, if written notice thereof is given to the Engineer at least ten (10) calendar days before a payment is due. Any assignment of monies shall, however, be subject to all proper set-offs in favor of WCW and to all deductions provided for in the Contract. All monies withheld, whether assigned or not, shall be subject to being used by WCW for the completion of the work in the event that the Contractor should be in default therein or for the payment of claims or liens against the work from any source.
- QUALIFICATION OF BIDDERS —
Each bidder shall examine the site and submit with its proposal a financial responsibility, technical ability, and experience statement, substantially in the form included as, “Bidder's Statement of Financial Responsibility, Technical Ability, and Experience”.
If bidder is a corporation, it shall submit its state of incorporation in addition to its business address; if a partnership or joint venture, full names of all partners or joint venturers shall be given in the form included in the Proposal.
WCW expressly reserves the right to reject any proposal if it determines that the bidder's business and technical organization, financial resources, plant and equipment to be used in performing work, or lack of successful experience in performing work, or lack of successful experience in performing work of similar type and magnitude, is such that it is not in WCW’s best interest to accept the bidder's proposal.
Contractors or subcontractors who have been determined to have violated any public work laws as set forth in Labor Code Section 1777.7 shall be denied the privilege to bid the work as provided therein.
- CERTIFICATION OF COMPLETION REQUIREMENTS —
Each bidder shall submit, as part of its proposal, a completed and executed certificate pertaining to the acceptability of the construction time frame as set forth in “Certificate Regarding Completion Time”.
The Contract time for this work shall be deemed to start five (5) calendar days from the date of the Notice to Proceed. Contractor must submit a reasonable construction schedule in accordance with Attachments – “Special Conditions, SC-4, CONSTRUCTION SCHEDULE, PROCEDURES AND, METHODS”.
- WAIVER OF CONTRACT PROVISIONS —
None of the provisions of the Contract shall be considered waived by WCW unless such waiver is expressly given in writing by the Engineer. No such waiver shall be a waiver of any past or future default, breach, or modification of any of the terms, provisions, conditions, or covenants of the Contract unless expressly set forth in such waiver.
- PROPOSAL SECURITY —
No proposal will be considered unless it is accompanied by proposal security in the form of a certified check or a cashier's check, payable to the order of West County Wastewater, for a sum not less than ten percent (10%) of the proposal total as set forth in the Schedule of Bid, or a bidder's bond in the same amount executed as surety by a corporation acceptable to WCWand authorized to issue such surety bond in the State of California. Such bond shall be in substantial conformity with the form included as “Bidder’s Bond”. Payment of the proposal security in cash is not acceptable.
Within fifteen (15) calendar days after execution of the Contract pursuant to the Contract Documents, and in any event not later than seventy (70) calendar days after the proposal opening, WCW will return to each bidder the proposal security which accompanied its proposal, except such security which may have been forfeited in accordance with the provisions of the Contract Documents.
- DELIVERY OF NOTICE —
Any written notice to be given to the Contractor by the Engineer or WCW may be delivered in person to the Contractor's authorized representative or mailed to the address last given in writing by the Contractor.
Any written notice to be given to WCW by the Contractor shall be mailed or delivered to WCW's authorized representative on this Contract. This authorized representative will be identified in WCW's award letter.
- BIDDER'S MODIFICATION AND WITHDRAWAL OF PROPOSALS —
A bidder may, without prejudice to itself, modify or withdraw its proposal by written request, provided that the request is received by WCW prior to the closing time, at the place where the proposals are to be opened. Following withdrawal of its proposal, the bidder may submit a new proposal, provided that such new proposal is received prior to the stated bid opening date as provided in "Notice to Bidders ".
- INDEMNITY —
The Contractor shall indemnify, defend, and hold harmless WCW, its officers, directors, employees, representatives, and agents and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, interest, attorneys' fees and costs, and expenses of whatsoever kind or nature whether arising before or after Final Acceptance and in any manner, whether or not well founded in fact or in law and, directly or indirectly caused, occasioned, or contributed to in whole or in part, or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence whether active or passive of the Contractor or of anyone acting under the Contractor's direction, control, or on the Contractor's behalf in connection with or incident to performance of the Contract; without limiting the generality of the foregoing, the same shall include injury to or death of any person or persons and damage to any property, regardless of where located, including without limitation the property of WCW, the Contractor's employees, and all other persons. The Contractor's aforesaid indemnity and hold- harmless agreement shall not be applicable to any liability caused by the active negligence or willful misconduct of WCW, its officers, directors, employees, representatives, or agents.
The Contractor shall include in each agreement with each of its Subcontractors at all tiers, a provision requiring that the Subcontractor indemnify and hold harmless WCW, its officers, directors, employees, representatives, and agents and each of them, from and against claims, damages, losses, and expenses including, but not limited to, attorneys' fees arising out of or resulting from the performance of the Subcontractor's work under the Contract, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including loss of use resulting therefrom, to the extent such loss or injury is caused in whole or in part by the negligent acts or omissions of the Subcontractor, anyone directly or indirectly employed by the Subcontractor, or anyone for whose acts the Subcontractor may be liable. The Subcontractor's aforesaid indemnity and hold-harmless agreement shall not be applicable to any liability caused by the active negligence or willful misconduct of WCW, its officers, directors, employees, or agents.
- PATENT INDEMNITY —
The Contractor shall pay all licenses, copyrights, fees, and royalties and assume all costs incident to the use and performance of the work, or the incorporation in the work, of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. The Contractor shall indemnify, defend, and save harmless WCW, its officers, directors, employees, representatives, and agents, and each of them, from and against all claims, losses, costs, damages, consequential damages, and expenses, including attorneys' fees, incurred by WCW, its officers, directors, employees, representatives, and agents as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and/or copyright and arising out of the use of the materials, equipment, and/or products furnished under the Contract by the Contractor, or out of the processes or actions employed by, or on behalf of, the Contractor in connection with the performance of the Contract. The Contractor shall, at its expense, promptly defend against any such claim or action whether or not well founded in fact or in law, provided that WCW shall have notified the Contractor upon becoming aware of such claims or actions, and provided further that the Contractor's aforementioned obligations shall not apply to equipment, materials, and/or products furnished or specified by WCW. The Contractor shall have the right, in order to avoid such claims or actions, to substitute at its expense non-infringing equipment, materials, and/or products, or to modify at its expense such infringing equipment, materials, and/or products so they become non-infringing, provided that such substituted and modified equipment, materials, and/or products shall meet all the requirements and be subject to all the provisions of the Contract.
- SUBSTITUTIONS —
Proposals for substitution of materials, methods, and alternatives thereto not specified in the Specifications shall be submitted in writing to WCW. Failure to submit requests for substitutions will be considered as evidence that the work will be accomplished with materials and by methods specified and in a manner approved by WCW.
- PROPOSAL OPENING AND AWARD OF CONTRACT —
Proposals will be kept unopened until the time stated for opening of proposals. At such time, the contents of the proposal will be made public. No responsibility shall attach to WCW or any of its officers, employees, or representatives for the premature opening of a proposal. All bidders or their authorized representatives are invited to be present at the proposal opening.
If award is made, it will be based on the lowest responsive, responsible bid whose base bid is the lowest.
The right is reserved, as the interest of WCW may require, to reject any or all proposals and to waive any informality in proposals received.
Within sixty (60) days after the time of opening of the bids, WCW will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which WCW may act. The acceptance of a bid will be evidenced by a Notice of Award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of WCW will constitute acceptance of a bid. The Award of Contract shall obligate the bidder whose bid is accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Agreement in the form set forth in the Contract Documents. The Contract will require the completion of the Work according to the Contract Documents.
The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within the specified time period after receiving written Notice of Award of the Contract. Time is of the essence in this regard. After execution by the owner, one copy of the Agreement shall be returned to Contractor.
The failure of any bidder to whom WCW may award the Contract, as aforesaid to sign and return to WCW, the Contract together with the required Performance Bond, Payment Bond, and insurance certificates and endorsements the specified time period, shall entitle WCW to declare a breach of Contract by such bidder, to award the Contract to another bidder in accordance with the provisions of the Contract Documents, and to declare a forfeiture of the bidder's proposal security accompanying its proposal.
In the event of such failure, WCW will suffer damage, the amount of which is difficult, if not impossible, to ascertain, and WCW shall therefore be entitled to retain the amount of such cashier or certified check, submitted by the bidder as proposal security, or to enforce the provisions of the Bidder's Bond in the amount thereof, as liquidated damages for such breach of Contract, as provided by applicable law.
- WARRANTY —
The Contractor represents that the work performed pursuant to the Contract shall be of the quality specified or of the highest quality if no quality is specified, and shall conform to the Specifications, Drawings, samples, and other descriptions set forth in the Contract. The Contractor warrants all equipment, material, products, and workmanship furnished and all work performed under the Contract against defects for a period of one (1) year after final acceptance regardless of whether the same were furnished or performed by the Contractor or by any of its subcontractors or suppliers of any tier.
The Contractor shall make, at its own expense, all repairs and/or replacements necessitated by defects in the equipment, materials, and/or products and in the workmanship provided by the Contractor or any of its subcontractors that become evident within the warranty period.
Upon receipt of written notice from WCW of any breach of warranty during the applicable warranty period, the affected item shall be redesigned, repaired, or replaced by the Contractor and the Contractor shall perform such tests as WCW may require to verify that such redesign, repair, and replacement comply with the requirements of the Contract. WCW shall have the right to operate and use such equipment, materials, and/or products until they can, without damage to WCW, be taken out of service for correction or replacement by the Contractor. As to the redesigned, repaired, or replaced work, the Contractor warrants such redesigned, repaired, or replaced work against defective design, equipment, materials, products, and workmanship for a period of one (1) year from and after the date of satisfactory completion of such redesigned, repaired, or replaced work. WCW reserves the right to require that the Contractor performs such repair or replacement work.
WCW also reserves the right to make such repairs or replacements, if, within seven (7) calendar days after the mailing of a notice in writing to the Contractor and Surety, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs or replacements and that Surety within seven (7) calendar days after mailing of a notice in writing of such negligence of the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs or replacements itself, provided, however, that in the case of an emergency where in the opinion of WCW delay would cause hazard to health or serious loss or damage, repair may be made without notice being sent to the Contractor or Surety, and the Contractor shall pay the cost thereof.
All costs including workforce and materials incidental to such redesign, repair, replacement, and testing, including the removal, replacement, and reinstallation of equipment necessary to gain access and all other costs incurred as the result of a breach of warranty shall be borne by the Contractor whether performed by WCW or the Contractor.
Nothing in this section shall be construed to limit, relieve, or release the Contractor, subcontractor's, and equipment, materials, and/or products suppliers, and other service providers' liability to WCW for damages sustained as the result of latent defects in the workmanship, equipment, materials, and/or products done and/or furnished by the Contractor, its subcontractors, suppliers and/or other service providers.
The Performance Bond shall extend for a period of one (1) year after acceptance of the Contract by WCW and shall cover the Contractor's obligations resulting from the warranty requirements herein specified.
- RELIEF OF BIDDERS —
Should a bidder claim a mistake was made in its bid, the bidder shall give the WCW written notice within five (5) calendar days after proposal opening of the alleged mistake, and detail in said notice the circumstances under which the mistake occurred all in accordance with Public Contract Code, Section 5103. Final determination of relief of bidders shall be made by WCW Board. Should the WCW Board accept the bidder's claim for relief, the bidder will be released from all obligations and further requirements and its proposal security will be returned as applicable.
- DIFFERING SITE CONDITIONS —
The Contractor shall promptly, and before the following conditions are disturbed, notify the Engineer in writing of any:
Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents.
Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
Actions by the Contractor to disturb or cover the above conditions before the Engineer is notified or before the Engineer has had the opportunity to investigate the conditions shall be deemed a waiver by the Contractor of any and all rights which the Contractor may have for additional compensation for increases in the Contractor's cost of, or the time required for, performance of any part of the work.
If these materially differing conditions potentially will give rise to a request for additional compensation, the Contractor must follow the requirements of Article GC-12, Changes and Extra Work, Subsection E.
The Engineer will promptly investigate the conditions, and if the Engineer finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the Engineer will issue a change order in accordance with provisions of Article GC-12, Changes and Extra Work.
In the event that a dispute arises between WCW and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
- CHANGES AND EXTRA WORK - GENERAL —
The Engineer may, at any time, without invalidating the Contract and without notice to the Contractor's sureties, order changes in the work or extra work and/or furnish materials which may be required for the proper completion of the work or construction of the whole of the Project. The Contractor shall perform the work when so ordered. Any such change or request will be authorized in writing by the Engineer, provided that in the event of an emergency, which the Engineer determines endangers life or property, any work required by reason of such an emergency shall be performed in accordance with oral orders from the Engineer, which will be confirmed in writing as soon as practicable. Any such authorization, whether written or oral, may be accompanied by drawings and data as are necessary to show the extent of such change or extra work.
In the event of ordered emergency work, the Contractor shall keep accurate records of actual cost in accordance with Subsection GC-12.C, Cost Plus Change Orders, until such time as agreement on compensation is reached. Keeping of such records shall not be construed as an indication that this method of compensation is necessarily acceptable for such emergency work, and shall not preclude the possibility of agreement to pay for such emergency work on a unit price or lump sum basis. Upon determination of the compensation due to the Contractor for performing any emergency work, the Contract will be amended in writing by a Contract Change Order.
The Contractor shall commence and perform such change or extra work so as to meet all requirements set forth in the Contractor's current Construction Schedule, provided that if the Engineer determines that the performance of any such changes or extra work causes any material change in said schedule, the said schedule shall be revised to reflect such change. A copy of the revised schedule shall be submitted to the Engineer.
If any such change causes an increase or decrease in the Contractor's cost of, or any increase in the time required for, performance under the Contract, the Contract will be equitably adjusted through a Contract Change Order. If agreement is reached on the basis of compensation as described in Subsection GC- 12.B, Agreed Price Change Order, a Contract Change Order will be issued. If agreement is not reached on the basis of compensation, the Contractor shall proceed with the work in accordance with the provisions of Subsection GC-12.C, Cost Plus Change Orders, upon receipt of written direction of the Engineer.
WCW reserves the right to engage another contractor to perform the work if such engagement is in WCW's best interest.
Should the Contractor, prior to opening of the bids, fail to notify WCW of patent ambiguities in the Contract Documents, the Contractor shall not be eligible for an adjustment of the contract price or time extension on the basis of such ambiguities.
- BONDS AND INSURANCE POLICIES —
The bidder to whom the contract award is made shall, at the time of execution of the Contract, furnish to WCW a Performance Bond and a Payment Bond, executed as surety by a corporation acceptable to WCW and authorized to issue such surety bonds in the State of California. Such bonds shall be substantially in the form included with this solicitation. Such Performance Bond and Payment Bond shall be for one hundred (100) percent of the proposal total as set forth in the Schedule of Bid. The entire cost of these bonds shall be borne by the successful bidder.
If the surety on any bond furnished by the Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated, or it ceases to meet the requirements of the above paragraph, the Contractor shall, within five (5) calendar days thereafter, notify WCW and substitute another bond and surety, both of which must be acceptable to WCW.
- AGREED PRICE CHANGE ORDERS —
Unless otherwise required, the Contractor shall, within five (5) calendar days following receipt of such written authorization, submit in writing to the Engineer a proposal for accomplishing such change or extra work. If the Contractor does not submit a proposal within the specified five (5) calendar days, the delay in submitting the proposal will be taken into consideration in the evaluation of extensions of time which are requested, if any. The proposal shall set forth any increase or decrease in cost to WCW in comparison to such cost had such change or extra work not been authorized. The proposal shall state the basis of compensation for all work in connection with any such change or extra work.
Sufficient detail shall be given in said proposal to permit thorough analysis of the proposal by the Engineer. The basis of compensation proposed by the Contractor shall be one of the following, which are listed in order of preference:
Contract unit or lump sum prices, if applicable.
New unit or lump sum prices.
Cost plus with a price ceiling.
- NONDISCRIMINATION IN EMPLOYMENT —
Contracts for work under this Proposal will obligate the Contractor and subcontractors not to discriminate in employment practices.
- AGREEMENT TO ASSIGN (BIDDERS) —
The bidder's attention is directed to the provisions of Government Code, Section 4552, which requires that in submitting a bid to a public purchasing body, bidders offer to assign all rights arising from violations of antitrust regulations to the public entity if the bid is accepted. In pertinent part, Government Code, Section 4552, reads as follows:
In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 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 the purchase of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
- Cost Plus Change Orders —
If the Contractor does not propose the method of compensation for such work or any part thereof, or if any proposed method is not acceptable, or if a method of compensation cannot be agreed upon, the Contractor shall proceed with such work and compensation therefore will be made on a cost plus basis as set forth below. If, at any time after the Contractor commences such work, a method of compensation other than cost plus therefore or any part thereof has been agreed upon, such compensation will be made in accordance with such agreement.
The Contractor shall keep accurate records of the actual cost to the Contractor for such work. Such records shall be kept in accordance with the provisions contained in the following subsections.
The Contractor will be paid the direct costs for labor, materials, and equipment used in performing the work as provided in paragraphs 12.C.6a, 12.C.6b, and 12.C.6c.
To the total of the direct costs computed as provided in paragraphs 12.C.6a, 12.C.6b, and 12.C.6c, there will be added certain markups as specified herein. A markup of thirty-three (33) percent to the cost of labor, fifteen (15) percent to the cost of materials, and fifteen (15) percent to the equipment rental.
When extra work is performed by a subcontractor, an additional markup of 5 percent will be added to the total cost of said extra work including all markups specified in this Article. Said additional 5 percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
The markups identified above shall constitute full compensation for all profit and overhead costs which shall be deemed to include all items of expense not specifically designated below in C.6. as cost or equipment rental.
Markups include, but are not limited to, compensation for field overhead, home office overhead, profit, builder's risk insurance, general and auto liability insurance, and performance and payment bond premiums.
Home office overhead includes, but is not limited to:
office rent, utilities, clerical staff, bidding and estimating, officer's salary, advertising, professional association dues, supplies, telephone, office equipment, transportation, staff consultants, and miscellaneous business expenses related to the project.
Field overhead includes, but is not limited to:
job site utility expenses (including telephone), superintendent, project engineer, office engineer, secretary and other field office staff, field office, field office equipment and supplies, portable toilet, fencing, transportation for field office staff, general project cleanup.
The total payment made as provided above shall be deemed to be the actual costs of such work and shall constitute full compensation therefore.
Costs for labor, materials, and equipment, which are eligible for consideration in cost plus work, are described below:
Labor -The Contractor will be paid the cost of labor for the workers (including foremen when authorized by Engineer) used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor or subcontractor will be the sum of the following:
iActual Wages - The actual wages paid shall include basic pay, overtime and shift premiums, any employer payments to or on behalf of the workers for health and welfare, pension, vacation, holidays and other miscellaneous payments (e.g. administration, occupational, health and research, annuity trust fund, supplemental unemployment benefits).
Labor Surcharge - To the actual wages as defined above, will be added a labor surcharge. The allowable markup rate shall be as set forth in the California Business and Transportation Agency's Department of Transportation publication entitled, Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is made a part of the Contract. Said labor surcharge shall constitute full compensation for all other payments made to, or on behalf of, the workers including workers' compensation insurance with a waiver of subrogation, social security, State unemployment insurance, and Federal unemployment insurance and excluding actual wages as defined above and subsistence and travel allowance as specified below.
Subsistence and Travel Allowance - <body>The actual subsistence and travel allowance paid to such workers.
Materials - Charges for the cost of materials furnished by the Contractor for use in performing any change or extra work shall be made, provided such furnishing and use was as specifically authorized, and the actual use was verified by the Engineer. Charges shall be the net cost to the Contractor delivered at the job. WCW reserves the right to furnish such materials as it deems advisable, and the Contractor shall not be compensated for costs and markup on such materials.
All materials for extra work shall be substantiated by copies of vendor's invoices. Such invoices shall be submitted with the related Daily Extra Work reports or, if not available for submittal with the Daily Extra Work reports, they shall be properly identified and promptly transmitted to the Engineer. Said vendor's invoices shall be submitted within sixty (60) calendar days after the date of delivery of the material or within fifteen (15) calendar days after the acceptance of the Contract in accordance with Section GC-41, Final Payment and Release, or WCW will establish the cost of such materials at the lowest wholesale prices at which said materials are available in the quantities concerned, F.O.B. at the required locations of work, less any cash or trade discounts provided.
Equipment Rental -The Contractor will be paid for the use of the equipment at the rental rates listed for such equipment in the State of California Department of Transportation publication entitled, Labor Surcharge and Equipment Rental Rates which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement for the use of such equipment entered into by the Contractor. If it is deemed necessary by the Engineer to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Engineer. The Contractor may furnish any cost data which might assist the Engineer in the establishment of such rental rate.
The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals.
Individual pieces of equipment or tools not listed in said publication which have a replacement value of five hundred dollars ($500) or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore.
Rental time will not be allowed while equipment is inoperative due to breakdowns.
Equipment on the Work - The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than such extra work. The following shall be used in computing the rental time of equipment on the work:
When hourly rates are listed, less than thirty (30) minutes of operation shall be considered to be one-half (½) hour of operation.
When daily rates are listed, less than four (4) hours of operation shall be considered one-half (½) day of operation.
Equipment not on the Work - For the use of equipment moved in on the work and used exclusively for extra work, the Contractor will be paid the rental rates listed in the State of California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates which is in effect on the date upon which the work is accomplished and which is a part of the Contract, or determined as provided in this subsection, and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
The original location of the equipment to be hauled to the location of the work shall be agreed to by the Engineer in advance.
WCW will pay the costs of loading and unloading such equipment.
The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission.
The rental period shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day that the equipment is at the site of the extra work, excluding Saturdays, Sundays, and WCW-observed holidays and days of temporary suspension of the work unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of such equipment. The rental time to be paid per day will be in accordance with the following:
Hours Equipment is in Operation Hours to be Paid
0.5 4.25
1.0 4.50
1.5 4.75
2.0 5.00
2.5 5.25
3.0 5.50
3.5 5.75
4.0 6.00
4.5 6.25
5.0 6.50
5.5 6.75
6.0 7.00
6.5 7.25
7.0 7.50
7.5 7.75
8.0 8.00
• The hours to be paid for equipment which is operated less than eight (8) hours due to breakdowns, shall not exceed eight (8) less the number of hours the equipment is inoperative due to breakdowns
• When hourly rates are listed, less than thirty (30) minutes of operation shall be considered one-half (½) hour of operation.
• When daily rates are listed, payment for one-half (½) day will be made if the equipment is not used. If the equipment is used, payment will be made for one day.
• The minimum rental time to be paid for the entire rental period on an hourly basis shall not be less than eight (8) hours or if on a daily basis shall not be less than one day.
• Should the Contractor desire the return of the equipment to a location other than its original location, WCW will pay the cost of transportation in accordance with the above provisions, providing such payment shall not exceed the cost of moving the equipment to the work.
• Payment for transporting, loading, and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work.
If the Contractor elects to move equipment in on the work before the equipment is used or elects to delay the return of the equipment to its original location, the WCW will not compensate the Contractor for the time the equipment is idle before and after it has been used on the extra work.
- PLANS AND SPECIFICATIONS TO SUCCESSFUL BIDDERS - IS THIS NEEDED?? —
The bidder to whom award is made may obtain four (4) sets of Plans and Specifications for the work at no extra costs. Additional sets may be purchased at $30.00 per set. It is the Contractor's responsibility to provide its own set(s) of conformed Plans and Specifications.
- Bonds —
The markups referred to in this subsection shall include full compensation for all additional bonding costs the Contractor may incur as a result of the extra work. No additional percentage increase will be allowed to these markups for bonding costs.
- Defective Work —
Defective work performed under cost plus procedures shall be removed, repaired, or reconstructed to the satisfaction of the Engineer at no additional cost to WCW.
- Cost Records —
The Contractor shall maintain its cost records and records of its subcontractors and special forces in such a manner as to provide a clear distinction between the costs of other operations and the direct costs of extra work paid for in accordance with this Section GC-12, Changes and Extra Work. Extra work which is performed shall be documented on a daily basis in accordance with the following:
From the above records, the Contractor shall furnish the Engineer with completed daily extra work reports, on forms furnished by WCW, for each day's work to be considered payable on an extra work basis. The daily extra work reports shall itemize the materials used, the direct cost of applicable labor, and the charges for equipment used, whether furnished by the Contractor, subcontractor, or other forces. The daily extra work report itemizations for labor shall provide names or identifications and classifications of all workers, the hourly rate of pay, and hours worked on extra work. Itemized equipment records shall provide the size, type, and identification number of equipment and hours operated for extra work.
All daily extra work reports shall be signed by the Contractor or its authorized representative.
The Engineer will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit which may be performed by WCW.
- Estimated Quantities —
The quantities set forth in Section 01003, Subsection 2, Schedule of Bid, are approximations only. If there is a variation in the estimated quantity by more than one hundred fifty (150) percent or less than fifty (50) percent of the bid quantity, either WCW or the Contractor may notify the other party of their desire to renegotiate the contract unit price with respect to those quantities outside of the permitted range of fifty (50) percent below to one hundred fifty (150) percent above the bid quantity.
Any estimated quantity from a maximum of one hundred fifty (150) percent of the bid quantity to a minimum of fifty (50) percent of the bid quantity will be paid for at the contract unit price. Such quantities will be determined by the Engineer at the Engineer's discretion in accordance with the applicable measurement provision of the Contract using such methods as the Engineer considers appropriate for the class of work to be measured, including, but not limited to, the method of average end area computed from cross sections grid system or topographic contours. If considered advisable, prismoidal corrections, or corrections for curvature in alignment, will be employed. The planimeter shall be considered an instrument of accuracy adapted to measurement of areas. The dividing limits, lines, or planes between adjacent items or classes or excavation, concrete, or other types of work, where not definitely set forth in the Contract, will be as determined by the Engineer.
- Requests for Additional Compensation —
Unless the Contractor has been ordered by WCW pursuant to Article GC-12, Changes and Extra Work, to perform changes or extra work, additional compensation will not be considered unless the Contractor follows the procedures set forth in this subsection. For the purposes of the Contract, a request for additional compensation shall mean any request for compensation in excess of the contract amount (as amended by addenda and/or change orders) arising out of the conduct of the work and shall include, but not be limited to, requests for compensation arising out of changed site conditions, delays occasioned by the owner or third parties, and such other compensation arising out of interference with the work which is not the responsibility of the Contractor.
Immediately upon learning of a condition, occurrence, or circumstance that potentially will give rise to a request for additional compensation the Contractor must notify the Engineer of that condition, occurrence or circumstance. If the initial notification is oral, it shall be confirmed in writing within five (5) calendar days of the oral notification. The Contractor shall not proceed with the work involving the potential request for additional compensation without notifying the Engineer of the subject conditions, occurrence or circumstance unless an emergency exists or unless it is impossible to notify the Engineer without creating an unreasonable delay in the work.
Within fourteen (14) calendar days of learning of such condition, occurrence or circumstance, the Contractor shall submit to the Engineer a detailed written statement setting forth the causes of extra costs, potential and/or actual incurred costs as well as engineering and technical data supporting the request for additional compensation. The Contractor shall submit sufficient data to reasonably enable the Engineer to make a thorough analysis and investigation regarding the request for additional compensation. If this detailed statement cannot reasonably be provided by the Contractor within fourteen (14) calendar days, then such data as can be reasonably provided shall be so provided. The Contractor shall request, before the expiration of the five (5) calendar day period, from the Engineer an extension for a specific period of time in which to file said documentation supporting the request for additional compensation.
Without modifying or waiving any of the obligations of the Contractor which are set forth in paragraph 3 above, the Contractor must submit to the Engineer a detailed written statement setting forth the final costs and any supplemental engineering and technical data related to any requests for additional compensation by a date no later than sixty (60) days after the date of substantial completion of the work. If extraordinary circumstances exist, in the opinion of the Contractor, an extension of the date for submission of final costs and technical backup may be extended by written agreement at the discretion of WCW. This statement of final costs and supplemental reporting data shall be sufficiently detailed to enable the Engineer to thoroughly analyze and make a reasonable determination regarding the request for additional compensation. Failure of the Contractor to immediately notify the Engineer of a condition, occurrence or circumstance that potentially will give rise to a request for additional compensation or to make reasonable efforts to provide an adequate initial submittal within the fourteen (14) calendar day period, or within any extension of that period agreed to by the Engineer as set forth in paragraph 3 above, and/or failure of the Contractor to provide such statement of final costs and technical submittals within sixty (60) days of the date of substantial completion, or by such date as that period may be extended shall be deemed a waiver by the Contractor of any and all rights to additional compensation for such conditions, occurrences, or circumstances for which costs and other required data has not been timely submitted. The waiver by the Contractor of its rights to compensation due to failure to comply with the requirements of this General Condition shall operate as a forfeiture of all rights of the Contractor under the Contract, at law, and in equity to receive additional compensation whether through the Government Code claims process or otherwise.
- INDEPENDENT CONTRACTOR, SUPERINTENDENT, AND EMPLOYEES —
The Contractor shall act as an independent Contractor performing work under the Contract, maintaining complete control over its employees and all of its subcontractors. The Contractor shall perform all work in an orderly, timely, and workmanlike manner, enforce strict discipline and order among its employees, and assure strict discipline and order by its subcontractors in complying with the Contract Documents.
Before starting work, the Contractor shall designate in writing its authorized representative who shall have the authority to represent and act for the Contractor. The Contractor shall provide a clear written definition of the scope of the authorized representative and assistant's authority to act for the Contractor, and shall specify any and all limitations of such authority. Such representative shall be present or be duly represented at the site of work at all times when work is actually in progress and, during periods when work in suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. The Contractor's authorized representative shall be supported by competent assistants, as necessary, and the authorized representative and its assistants shall be satisfactory to the Engineer. WCW reserves the right to have the authorized representative removed from the project and replaced with another person who is acceptable to the Engineer. All requirements, instructions, and other communications given to the authorized representative by the Engineer shall be as binding as if given to the Contractor. Before starting work, the Contractor shall give WCW a written list of the addresses and telephone numbers where the Contractor's project manager, project superintendent, and foremen can be reached during hours when the work is not in progress.
Said authorized representative shall be present or be duly represented at the site of the work at all times while work is actually in progress. When work is not in progress and during periods when work is suspended, arrangements acceptable to the engineer shall be made for one or more persons to be contacted for any emergency work which may be required.
The Contractor shall employ only competent and skilled workers to perform any work in numbers sufficient to carry the work to satisfactory completion within the time limits specified or required to meet approved construction schedules. The Contractor shall be responsible for maintaining satisfactory conduct of its employees at the jobsites.
Each machine or unit of equipment shall be operated by an operator competent in handling the particular make of machine or unit or equipment in use, at a speed or rate of production not to exceed that recommended by the manufacturer.
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent, or be under the influence of alcohol or illegal drugs, or to act in an unsafe, disorderly, or improper manner, the Engineer shall have sufficient cause to require that such person not again be employed on the work. However, nothing contained in this paragraph shall be used to shift the responsibility for supervision of persons employed by the Contractor from the Contractor or to require the Engineer to take any action with regard to an employee of the Contractor or subcontractor who is subject to discipline.
The Contractor shall maintain labor relations in such manner and by such methods as will provide for harmony among workers. The Contractor shall assure that its subcontractors of all tiers comply with the provisions set forth in this Article. Failure of the Contractor or any of its subcontractors at any tier to comply with this provision shall be considered as grounds for termination of the Contract in accordance with Article GC-36, Termination of Right to Proceed.
- CONTRACTOR'S PLANT, CONSTRUCTION EQUIPMENT, AND FACILITIES —
The Contractor shall provide and ensure the use of, on any work, only such construction plant and equipment capable of producing the quality and quantity of work and materials required by the Contract and within the time or times specified. Before proceeding with any contract work or with erection of any facilities including but not limited to temporary structures, machinery, equipment, offices, warehouses, and camps, the Contractor shall, at its expense, furnish the Engineer with such information and drawings relative to such equipment, plant, and facilities as the Engineer may request. Upon written order of the Engineer, the Contractor shall promptly remove unsatisfactory equipment and facilities from the site and shall discontinue operation of unsatisfactory plant.
The Contractor shall furnish and maintain such potable water supplies and proper sanitation facilities as it determines necessary for its forces at the jobsite and shall be responsible for the policing of same.
The Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. Toilets shall be furnished by the Contractor where needed for use of its employees and their use shall be strictly enforced.
The Contractor shall not make use of WCW's existing sanitary facilities.
- EQUIPMENT, MATERIALS, AND/OR PRODUCTS, SUBSTITUTION OF SPECIFIC ITEMS AND TRADE NAMES, WORKERS' SKILLS —
The work, unless otherwise permitted or approved by the Engineer, shall be completed with the incorporated use of equipment, materials, and/or products where such are specified. Substitutions and equal alternatives will be permitted as provided in this article; however, neither the request for substitution nor the offer of alternatives shall in any way by their submittal obligate WCW to assent to any request or offer. Failure of the Contractor awarded the work to either submit requests for substitutions or to offer alternatives within the required times provided in this General Condition will be considered as evidence that the work shall be accomplished with trade-named equipment, materials, and/or products as identified in the Technical Specifications and/or the Project Drawings.
Unless otherwise provided elsewhere in the Contract, all equipment, materials, and/or products incorporated into the work shall be new and, where not specified, shall be of the highest quality of the respective kinds for the intended use, and all workmanship shall meet or exceed applicable construction industry standards and practices. If equipment, materials, and/or products are designated by listing named manufacturers of particular equipment, materials, and/or products followed by the words "or equal," then the Contractor may furnish the named equipment, materials, and/or products or any equal equipment, materials, and/or products. The first-named manufacturer of particular equipment, materials, and/or products is the basis for the design shown on the Project Drawings. A subsequently named manufacturer or particular equipment, materials, and/or products has been determined to be an acceptable substitution but may require modifications in the Project's design and its ultimate construction to accommodate its use. If such subsequently named items are selected by the Contractor for incorporation into the work, the Contractor shall assume all costs required for modifications to the equipment, materials, and/or products, and Project design and construction as may be required for said items' use. Substitutions for an unnamed "equal" item of material shall be permitted upon compliance of the procedures set forth in Paragraph B of this article. If a Contractor makes use of an unnamed "equal" product as a substitute for a specifically named material or product, the Contractor shall assume all costs required to make the necessary revisions or modifications to accommodate the use of said unnamed product.
Before beginning the work and within thirty-five (35) calendar days after award of the Contract, the Contractor shall submit a List of Materials to the Engineer for review. The List shall include all items of equipment, materials, and/or products to be incorporated into the work and the names of suppliers with whom purchase orders have been placed. The names on the List shall be arranged in the same order as in the specifications, and shall contain sufficient data to identify precisely the items of equipment, materials, and/or products the Contractor proposes to furnish. The List shall include specification or Project Drawing references. Once the submission is determined to be acceptable to the Engineer, it shall be returned to the Contractor.
If the Contractor is required to furnish sample specimens of materials, the Contractor shall comply with the provisions of GC-28, Inspection and Sample Specimens.
Substitution for those equipment, materials, and/or products specified shall only be permitted when the proposed unnamed "equal" product or material to be furnished is both equal in quality and utility and after the Contractor has complied with the following provisions: (1) All substitutions shall be reviewed by the Engineer. (2) The Engineer must approve such substitution in writing prior to its incorporation into the work. (3) Unless otherwise authorized in writing by WCW, the Contractor shall, within thirty-five (35) calendar days of award and prior to placing any purchase orders, but at least thirty (30) calendar days before it requires approval of any such alternative item, submit to WCW sufficient data, drawings, samples, literature, or other detailed information as will demonstrate to the Engineer that the proposed substitute is equal in quality and utility to the equipment, materials and/or products specified. A side by side comparison of the proposed equipment specification to the contract specification shall be submitted by the Contractor for consideration
Within thirty (30) calendar days following receipt of all requested information from the Contractor, the Engineer will determine whether the proposed alternative is equal in quality and utility and meets the requirements of the Contract and will inform the Contractor in writing of such determination. The burden of substantiating the quality and utility of alternatives shall be upon the Contractor, and the Contractor shall furnish all necessary information requested and required by the Engineer. The Engineer will be the sole judge as to the quality and utility of alternative equipment, materials, and/or products, and the Engineer's decision shall be final. An acceptance by the Engineer of a substitution shall not relieve the Contractor from complying with the requirements of the Project Drawings and Specifications. Acceptance by the Engineer shall not relieve the Contractor from full responsibility for the efficiency, sufficiency, and quality and performance of the substitute equipment, materials, and/or products, in the same manner and degree as the equipment, materials, and/or products specified by name.
Failure of the Contractor to submit proposed substitutions for review in the manner described above and within the time prescribed shall be sufficient cause for rejection by WCW of any other proposed substitutions.
In determining whether a proposed product is equal in quality and utility, the Engineer is not restricted to such basic issues as performance and durability, but may consider any other issues that the Engineer, in the discretion of the Engineer, deems appropriate. Said issues may, but are not required to include, nor are they limited to, such additional factors as comparable performance, reliability, efficiency of operation, ease of operation, adaptability, ease of maintenance, capital costs, life-cycle costs, operational characteristics, costs of training personnel, maintenance history, warranties, problems created by the resulting overall warranty system, availability of qualified service, availability of parts, the history of any supplier and compatibility with existing facilities.
No one factor or group of factors, including such issues as savings on capital costs, shall be determinative of whether the proposed product or material is equal in quality and utility. The decision of the Engineer shall be based on those factors deemed by the Engineer to be relevant and any data, drawings, samples, literature, or other detailed information furnished by the Contractor with respect to the proposed substitution.
Each decision as to whether a product or material is equal in quality and utility shall be made by the Engineer on a case-by-case basis.
The Contractor shall be responsible for any and all costs, including consultant costs, incurred by WCW with respect to the proposed substitution that exceed the costs inherent in the normal and reasonable review of drawings and other standard data, information, and documents concerning any proposed substitution. The Contractor shall be responsible for this cost, regardless of whether or not the substitution is approved by the Engineer.
Unless otherwise provided in the Contract, the title and interest in the right to the use of all water, and the title to all soil, stone, gravel, sand, minerals, timber, and all other materials developed or obtained within the Project limits from operations by the Contractor or any of its subcontractors, of any of their representatives or employees, and the right to use or dispose of the same are hereby expressly reserved in WCW; and neither the Contractor nor any of its subcontractors, nor any of their representatives or employees, shall have any right, title, or interest in or to any part thereof.
All material used under the Contract after it has been attached or affixed to the work or soil and after partial payment has been made therefore shall become the property of WCW.
In the event that any Indian relics or items possessing archaeological or historical value are discovered by the Contractor or any of its subcontractors or any of their representatives or employees, the Contractor shall immediately notify the Engineer and await the Engineer's decision before proceeding with any work. The Contractor shall have no property right in such relics and items.
The Contractor shall satisfy himself as to the quantity of acceptable materials or products which may be produced or obtained at local sources, and WCW will not assume any responsibility as to the quantities or quality of acceptable materials or products available.
The Contractor, with the permission of the Engineer, may use in the proposed construction such stone, gravel, sand, or other material suitable in the opinion of the Engineer as may be found in excavation.
Existing equipment, materials, and/or products to be salvaged shall remain the property of WCW. Salvage to be reinstalled in the work shall be refurbished as required before reinstallation. Other work to be salvaged shall be carefully removed and handled in such a manner as to avoid damage and shall be delivered to storage at a location designated by the Engineer.
- CONTRACTOR-FURNISHED DRAWINGS AND DATA —
Within thirty (30) calendar days after receiving Notice to Proceed (NTP), the Contractor shall submit at its own expense Shop Drawings and details of all structural and reinforcing steel, equipment, electrical controls, structural fabrications, pipe, pipe joints, special pipe sections, and other appurtenances. The Engineer's favorable review shall be obtained before any such items are manufactured or used in the work. The favorable review of Drawings by the Engineer shall apply in general design only and shall in no way relieve the Contractor from responsibility for errors or omissions contained therein. Favorable review by the Engineer shall not relieve the Contractor of its obligation to meet safety requirements and all other requirements of law. The Engineer will start reviewing the Contractor's submittals only after the NTP is issued by WCW with the exception of some unusual long lead items which may require submittals prior to issuing the NTP.
Shop-drawing submittal and coordination are the responsibility of the prime contractor; this responsibility shall not be delegated in whole or in part to subcontractors or suppliers. Any designation of work "by others," shown on Shop Drawings, shall mean that the work will be the responsibility of the Contractor rather than the subcontractor or supplier who has prepared the Shop Drawings.
Submittals shall be prepared in such form that data can be identified with the applicable Specification paragraph. The data shall demonstrate clearly compliance with the Project Drawings and Specifications and shall relate to the specific equipment to be furnished. Where manufacturer's standard drawings are employed, they shall be marked clearly to show what portions of the data are applicable to this Project.
Review of shop-drawing submittals by the Engineer has as its primary objective the completion for WCW of a Project in full conformance with the Project Drawings and Specifications, unmarred by field corrections, and within the time provided. In addition to this primary objective, shop-drawing review as a secondary objective will assist the Contractor in its procurement of equipment that will meet all requirements of the Project Drawings and Specifications, will fit the structures detailed on the Project Drawings, will be complete with respect to piping, electrical, and control connections, will have the proper functional characteristics, and will become an integral part of a complete operating facility. Acceptance of Shop Drawings and submittals does not constitute a change order to the Contract requirements.
Where the Contractor is required by these Specifications to make submittals, they shall be submitted to the Engineer with a letter of transmittal and in sufficient number of copies to allow a distribution of at least one (1) copy to all parties needing a copy to carry out the provisions of the Specifications, including three (3) copies to be retained by the Engineer. The Engineer shall determine the appropriate number of such copies required at the time of the preconstruction conference.
Within twenty one ( 21) calendar days of receipt by the Engineer of each of the Contractor's submissions and all appurtenant data required for their review, the appropriate number of copies will be returned to the Contractor with one of the following notations:
Resubmittal not required; correction, if any, noted.
Correct and resubmit corrections noted.
Returned copies of Drawings marked with Notation "1" authorize the Contractor to proceed with the operations covered by such returned copies, provided that such operations be subject to the comments, if any, shown on such returned copies.
Returned copies of Drawings marked with Notation "2" shall be corrected, as necessary and required, and shall be submitted in the same manner as before.
When submittals are favorably reviewed, the Engineer will retain three (3) copies and will return all other copies to the Contractor. When submittals are not favorably reviewed, the Engineer will retain only two (2) copies and will return all others to the Contractor. It is considered reasonable that the Contractor shall make a complete and acceptable submission to the Engineer at least by the second submission of data. WCW reserves the right to deduct monies from payments due the Contractor to cover additional costs of the Engineer's review beyond the second submission.
Favorable review by the Engineer will not constitute acceptance by the Engineer of any responsibility for the accuracy, coordination, and completeness of the Shop Drawings or the items of equipment represented on the Drawings. Accuracy, coordination, and completeness of Shop Drawings shall be the sole responsibility of the Contractor, including responsibility to back check comments, corrections, and modifications from the Engineer's review before fabrication.
Supplemental, specific requirements for Shop Drawings and details are contained in the applicable technical sections of these Specifications.
Copies of schedules and Shop Drawings submitted to the Engineer for review shall be such as to provide three
(3) copies for the Engineer's files, and such additional copies as the Contractor may desire for its own office files and/or for distribution by it to subcontractors or vendors. Exceptions will be noted in specific sections of the Technical Specifications.
All Shop Drawings and supporting data, catalogs, and schedules shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness. These submittals may be prepared by the Contractor, subcontractors, or suppliers, but the Contractor shall ascertain that submittals meet all of the requirements of the Contract, while conforming to structural, space, and access conditions at the point of installation. The Contractor shall check all submittals before submitting them to the Engineer.
The Engineer shall check and review schedules, drawings, etc., submitted by the Contractor only for general design conformance with the concept of the Project and compliance with the Contract.
Shop Drawings shall not be used to order products' fabrication or delivery for construction or installation unless submitted to and favorably reviewed by the Engineer.
Acceptance by the Engineer of any drawings, method of work, or any information regarding materials and equipment the Contractor proposes to furnish shall not relieve the Contractor of its responsibility for any errors therein and shall not be regarded as an assumption of risks or liability by the Design Engineer or WCW, or any officer or employee thereof, and the Contractor shall have no recourse against WCW under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Engineer has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed or furnishing the materials and equipment proposed.
- STANDARDS AND CODES —
All work shall be constructed by the Contractor in full accordance with the requirements of local building codes, the National Board of Fire Underwriters, the Pacific Fire Rating Bureau, the State Fire Marshall, the Safety Orders issued by the Division of Industrial Safety of the State of California, and all other prevailing codes and regulations having jurisdiction over construction included in the Contract Documents.
Where references are made in the Contract to the respective standards and codes in accordance with which work is to be performed or tested, the edition or revision of such standards and codes in effect on the date of the Notice to Contractors shall apply, unless otherwise specified in the Technical Specifications; references to such standards and codes is solely for technical information. Nothing in these specifications is to be construed to permit work not conforming to governing codes. In case of conflict between referenced standards and codes or between standard(s) or code(s), and the requirements of the Contract, the Engineer will determine which shall govern. For purposes of bidding, it is assumed that the more restrictive one is required.
- SAFETY —
The Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. The Contractor shall promptly and fully comply with and carry out safety requirements as prescribed by federal, state, or local laws or regulations and industry standards.
The services of the Engineer in conducting review and inspection of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near the construction site.
The Contractor shall take such measures as may be necessary or required to assure that the safety and health of the employees and of the public may be safeguarded.
THE CONTRACTOR IS HEREBY INFORMED THAT WORK ON THIS PROJECT COULD BE PHYSICALLY DANGEROUS TO WORKERS. THE CONTRACTOR SHALL CAREFULLY INSTRUCT ALL PERSONNEL WORKING ON THIS PROJECT AS TO POTENTIAL DANGERS, WHICH COULD BE POTENTIALLY HAZARDOUS TO WORKERS' HEALTH, AND SHALL PROVIDE SUCH NECESSARY SAFETY EQUIPMENT AND INSTRUCTIONS AS ARE NECESSARY TO PREVENT INJURY TO PERSONNEL AND DAMAGE TO PROPERTY. SPECIAL CARE SHALL BE EXERCISED RELATIVE TO WORK UNDERGROUND.
The conveyance and treatment of raw sewage and its by-products can introduce pathogenic organisms which may cause diseases such as salmonellosis, typhoid fever, paratyphoid fever, bacillary dysentery, cholera, infectious hepatitis, polio, amoebic dysentery, and others.
The Contractor shall be responsible for the direction and control of the work assigned and for assuring that all workers on the project understand the hazards of the work involved and the safe work procedures required for each job. The Contractor shall assure that its subcontractors of all tiers shall, without expense to WCW, comply with this safety responsibility. No work shall proceed until each worker and subcontractor understands the scope of the work and all safety rules and work procedures to be followed. The Contractor shall not allow a new employee or new subcontractor to begin work on WCW projects without a full and proper safety orientation.
Use of alcoholic beverages and/or nonprescription drugs are strictly prohibited. Workers who use prescription drugs that interfere with workers ability to work safely are prohibited from the work site.
The Contractor is advised that, in certain locations and under certain conditions, the work may take longer and may require special equipment in order to properly conform to safety regulations. In such cases, no additional compensation will be allowed the Contractor therefor.
The Contractor’s personnel shall wear hard hats at all times while on the project work site, except in offices or vehicles.
Before starting work, the Contractor shall submit a written safety program for WCW's review. The objective of the safety program shall be accident prevention. Such program shall include, but not be limited to, the following:
An organization chart and accompanying narrative which describes the responsibility for employee and public safety of those individuals who control each phase of operations and set forth in writing the policies and procedures to be followed by all personnel. The chart shall also show the Contractor's internal lines of communication (including subcontractors) for the program.
The designation of a competent person.
A specific program for communication between the Contractor and WCW on safety matters. The Contractor shall also designate one person with whom official contact can be made by WCW on safety matters.
Evidence that the Contractor has become thoroughly familiar with the potential hazards of the work and applicable federal and state regulations. Such evidence shall be in the form of a signed affidavit per Section 8, Section 01003, of the Bid Forms titled Contractor Safety Acknowledgment.
Specific safety procedures and guidelines for conduct of the work.
WCW's review, comment upon, and/or acceptance of the Contractor's safety program and/or plan does not in any way negate the responsibilities of the Contractor for safety or place any responsibility upon WCW for such safety. Such review comment and/or acceptance shall not be construed as limiting in any manner the Contractor's obligation to undertake any action which may be necessary or required to establish and maintain safe working conditions at the site.
The Contractor shall promptly comply with any directive from WCW in connection with safety. WCW reserves the right to stop work if WCW reasonably believes that there is an imminent danger to safety. WCW also reserves the right to require the Contractor to revise the Contractor's safety program and/or plan to eliminate future occurrences of the imminent danger. Even though WCW reserves such rights, the exercise of such rights is in WCW's sole discretion, and such reservations will not be construed as obligations of WCW to monitor or enforce the Contractor's safety program, plan, and/or method of operation. WCW's exercise of these rights shall not provide a basis for any request by the Contractor for delay damages, extra compensation, and/or additional compensation to complete the work.
It is the intent of WCW that the Contractor provide a safe working environment under normal conditions. HOWEVER, BECAUSE OF POTENTIALLY HAZARDOUS CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, HANDLING OF CERTAIN CHEMICALS, POSSIBLE EXPOSURE TO PATHOGENS, ETC., SPECIALIZED EQUIPMENT MAY BE NECESSARY AND STRICT CONFORMANCE WITH SAFETY REGULATIONS WILL BE REQUIRED.
The Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid shall be given.
The Contractor shall assure that its subcontractors of all tiers shall, without expense to WCW, comply with this article and the provisions of Article GC-14, Contractor's Plant, Construction Equipment, and Facilities.
- PUBLIC ACCESS AND SAFETY; PROTECTION OF PROPERTY —
A. The design of the facilities included in this Project, has been based on the concept that the structures are not accessible to and usable by the handicapped and the general public. Consequently, stairs, landings, platforms, railings, ladders, exits, and the like, for treatment facilities were designed to conform only to the requirements for industrial use by authorized persons.
B. The Contractor shall have complete responsibility for the work and protection thereof, and for preventing injuries to persons and damage to the work and property and utilities on or about the work, until completion and final acceptance thereof. The Contractor shall in no way be relieved of its responsibility by any right of the Engineer to give permission or directions relating to any part of the work, by any such permission or directions given, or by failure of the Engineer to give such permission or directions.
C. The Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire-prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this article.
D. The Contractor shall so conduct its operations as not to close or obstruct any portion of any railroad, highway, road, or other property until permits therefor have been obtained from the governmental or other authorities having jurisdiction thereof. If any of the above are required to be kept open and shall be damaged or rendered unsafe by the Contractor's operations, the Contractor shall, at its expense, make such repairs and provide such temporary guards, bridges, lights, and other signals as necessary or required for public safety and as will be acceptable to the governmental or other authorities having jurisdiction thereof. Fences which interfere with any work may, upon prior written approval of WCW, be removed by the Contractor but must then be restored to their original condition prior to final acceptance. Such removing and restoring shall be by and at the expense of the Contractor.
E. Unless otherwise specifically provided in the Contract, the Contractor shall not do any work that would affect any pipeline, telephone, telegraphic, or electric transmission line, irrigation ditch, or other structure, nor enter upon the rights-of-way or lands appurtenant thereto, until notified by the owners that WCW has obtained proper authority therefor from the owners thereof. Thereafter and before it begins such work, the Contractor shall give said owners convenient access and reasonable cooperation in their removing, shoring, supporting, or otherwise protecting such lines, ditches, and structures and for replacing same.
1. Care shall be exercised by the Contractor to prevent damage to adjacent walks, streets, culverts, and gutters; where equipment will pass over these obstructions, suitable planking shall be placed.
2. The Contractor shall not be entitled to any extension of time or any extra compensation on account of any postponement, interference, or delay caused by any such line, ditch, or structure being on or adjacent to the site of work except as provided in Article GC-11, Differing Site Conditions.
3. The Contractor shall preserve and protect all cultivated and planted areas, and vegetation such as trees, plants, shrubs, and grass on or adjacent to the premises, which, as determined by the Engineer, do not reasonably interfere with the performance of work. The Contractor will be held responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including without limitation, damage arising from the performance of its work through operation of equipment or stockpiling of materials. All costs in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by the Contractor.
- LAWS AND REGULATIONS —
A. The Contractor shall keep itself fully informed of, and shall observe and comply with, all laws, ordinances, and regulations which in any manner affect those engaged or employed on any work, or the materials and equipment used in any work or, which in any way affect the performance of any work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the Contract.
B. If any discrepancy or inconsistency should be discovered between the Contract and any such law, ordinance, regulation, order, or decree, the Contractor shall immediately report the same in writing to WCW. The Contractor shall be responsible for the compliance by subcontractors of all tiers with the provisions of this article.
1. Special attention is directed to Part 7, Chapter 1, Article 2, Sections 1770 et seq. of the Labor Code of the State of California. Reference is hereby made to the provisions for minimum per diem wages contained in Section 01001, Notice to Contractors.
C. The Contractor and each subcontractor engaged in the work shall pay each respective employee thereof an amount not less than the general prevailing rate of per diem wages established in compliance with Section 1770 et seq. of the Labor Code of the State of California and as determined by the Director of Industrial Relations to be effective and applicable for the various crafts, trades or type of worker needed or required to execute the contracts. In accordance with Section 1770 of said Labor Code, nothing otherwise provided under Article 2 of said Code shall prohibit the payment of wage rates to any worker in excess of such prevailing rates of wages as determined by the Director of the Department of Industrial Relations. However, should the Contractor or a subcontractor have a contractual relationship with workers whereby per diem rates of wages are paid in excess of such determined prevailing rates of wages, the Contractor or subcontractor shall identify and submit a certified listing of such workers and the amounts payable prior to beginning construction operations applicable thereto in accordance with this General Condition.
1. Failure of the Contractor or any subcontractor to certify and list workers and actual wages in excess of those effective as determined by the Director of Industrial Relations shall be deemed an express statement by the Contractor or such subcontractor that actual wages shall be as determined by the Director of Industrial Relations and such will be paid all workers and be applicable to all work required and ordered under the Contract.
2. The possibility of labor cost increases within the periods of time established and specified for completion of the Project is one of the elements to be considered by bidding Contractors and their subcontractors. WCW will not, at any instance of increase thereof, whether initiated by contractors, subcontractors, particular bargaining agreements, Director of Industrial Relations determinations, or otherwise, consider such as the basis of a request for additional compensation to WCW for work bid as specified and shown.
a. It is stipulated that the provisions of Article 2, Chapter 1, Part 7, Division 2 (commencing with Section 1770), of the Labor Code, and in particular, Section 1775, shall be complied with. In accordance with said Section 1775, the Contractor shall forfeit to WCW or the Division of Labor Standards, as a penalty, up to fifty dollars ($50) per each calendar day or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done under the Contract by him/her or by any subcontractor under the Contractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of the daily penalty shall be as determined by the Labor Commissioner in accordance with Section 1775. In addition to said penalty and pursuant to said Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor.
b. Where prevailing wage determinations have been predetermined to change during the Contract (beyond expiration dates as indicated on the forms), the Contractor shall obtain such changes from the Prevailing Wage Unit, Division of Labor Statistics and Research, Department of Industrial Relations, 525 Golden Gate Avenue, San Francisco, California 94102, telephone (415) 557-0561, and deliver copy of such to the Engineer.
c. If a Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, the Contractor may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of bid opening.
3. The Contractor stipulates and agrees that pursuant to the provisions of Labor Code, Sections 1810 and 1813, eight (8) hours labor shall constitute a legal day's work, and no worker shall be required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one
(1) calendar week, except as provided below. Nothing in this provision shall be construed to relate to wage determination or in any way affect contractual provisions related to compensation.
a. As penalty, the Contractor shall forfeit to WCW or the Division of Labor Standards twenty- five dollars ($25) for each worker employed in the execution of the Contract by it or by any subcontractor, for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code of the State of California and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay, as provided in said Labor Code, Section 1815.
- Payroll Records: —
The Contractor and subcontractor's attention is directed to the provisions of Section 1776 of the Labor Code of the State of California and to the requirements therein pertaining to the keeping, availability, and filing of accurate payroll records of all journeymen, apprentices, and other workers performing work under this Contract. The Contractor agrees to comply with the requirements of said section.
a. Prior to each monthly progress payment, the Contractor shall deliver to the Engineer copies of certified payrolls of its and all subcontractors' forces performing work at the jobsite (or sites established primarily for the work), for labor compliance purposes, and Extra/Force Account considerations. Such records shall be kept current on an effective day or period basis and in form acceptable to the Engineer. At a minimum, the form shall include the following information:
i. Employee identification by name.
ii. Employee's address and social security number.
iii. Employee's craft and classification (in accordance with Director of Industrial Relations' wage determinations).
iv. Employee's actual per diem wages (in compliance with Section 01001, Notice to Contractors, and this Article GC-20, Laws and Regulations).
v. Employee's subsistence and travel allowance (as applicable).
vi. Employee's straight time and overtime hours worked each day and week.
vii. Itemized deductions made from employee's wages.
viii. Apprentices and ratio of apprentices to journeymen.
ix. Contractor's or subcontractor's firm or company name, date or period for which applicable wage rates and allowances are effective, and the employer's signature.
b. The certified payroll records shall be kept on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as the forms provided by the Division in addition to the above-listed information.
c. The Contractor shall inform WCW of the location of the above payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of change of location and address.
d. The Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with the provisions of California Code of Labor Section 1776. In the event that the Contractor fails to comply within the ten-day period, the Contractor shall, as a penalty to the state or to WCW, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
e. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by WCW shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number.
f. Compliance with the above provisions of GC-20 and California Code of Labor Section 1776 shall be the responsibility of the Contractor.
- Apprentices: —
The Contractor shall comply with the provisions of Section 1777.5 and 1777.6 of the California Labor Code in regard to employment of apprentices.
- Labor Discrimination: —
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every contractor for public works violating this Section is subject to all the penalties imposed for violation of this Chapter.
- Travel: —
As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each workman needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section.
- Applicable Laws —
The Contractor shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, and lawful orders of all authorities having jurisdiction for the safety of persons and protection of property, more particularly described under Articles GC-18, Safety, Sanitary, and Medical Requirements, and GC-19, Public Access and Safety; Protection of Property of this document.
- Lateral and Subjacent Support: —
Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent supports, and wherever structures or improvements adjacent to the excavation may be damaged by such excavation, the Contractor shall comply with this law. As provided in Labor Code, Section 6707, a separate bid item is provided for costs of shoring and bracing of excavations five feet or more in depth.
- Title 22, California Administrative Code —
The Contractor shall comply with Sections 12101 through 12901 of Title 22, California Administrative Code. The Contractor shall warn all persons at the work site of their exposure to chemicals known to the State to cause cancer or birth defects or other reproductive harm. The Contractor shall be responsible for compliance by its subcontractors with this article.
- WCW Regulation —
The Contractor shall comply with Bay Area Air Quality Management Regulation 11, Rule 2, as it applies to the demolition, renovation, or removal or any building elements and to the disposal of any asbestos-containing waste material.
No regulated asbestos-containing material (RACM) shall be stripped or removed unless Contractor has provided at least one on-site representative and certified that said representative is familiar with the provisions of Regulation 11, Rule 2, as it pertains to demolition and renovation and the means of compliance therewith. Said representative shall be present during all removal and/or stripping of RACM. Contractor shall provide evidence as required under 11-2-303.9 of the Regulation that the required training of the representative has been completed.
The Contractor shall comply with all state laws and regulations regarding asbestos and asbestos- related work, including, but not limited to, the provisions of Labor Code Sections 6501.5 through 6511.
The Contractor shall so perform its work as not to discharge into the atmosphere from any source whatsoever smoke, dust, or other air contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction.
- Agreement to Assign (Contractors and Subcontractors) —
The Contractor's and subcontractors' attention is directed to the provisions of Government Code, Section 4551, which requires that, in entering into a public works contract or subcontract, contractors and subcontractors agree to assign to the purchasing body all rights arising from violations of antitrust regulations. In pertinent part, Government Code, Section 4551, reads as follows:
In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, 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 Professional Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor without further acknowledgment by the party.
- Health and Safety Code —
The Contractor's attention is directed to the provisions of Health and Safety Code, Section 7050.5, relating to the discovery of human remains. Upon any such discovery, there shall be no further excavation or disturbance of the site. The Contractor shall immediately notify WCW and the Contra Costa County Sheriff-Coroner's Office of any such find and shall comply with all other applicable laws and regulations.
The Contractor's attention is directed to the provisions of Health and Safety Code, Section 7050.5 and Public Resources Code, Sections 5098.5, 5097.94, 5097.98, and 5097.99, and the California Environmental Quality Act (CEQA), Appendix K, relating to the excavation, removal, destruction, injury, and defacement of historic or prehistoric ruins, burial grounds, archeological or vertebrate paleontological sites, or any other archeological, paleontological or historical feature. The Contractor shall immediately stop work in the area of the archeological discovery and notify WCW and comply with all other laws and regulations upon discovery of any such remains in the construction site. Compensation to the Contractor, if any, for lost time or changes in construction to avoid the find shall be determined in accordance with changed conditions or change order provisions of the Contract.
- Claims and Actions Against Public Entities and Employees —
1. The Contractor's and subcontractors' attention is directed to Government Code Section 900 et seq., dealing with claims and actions against public entities and employees. Nothing contained in these Contract, including but not limited to Article GC-12, Changes and Extra Work, Subsection E, is intended to modify or remove the requirements set forth in these sections.
2. If the Contractor intends to file a claim with WCW for compensation in excess of the Contract amount or return of liquidated damages, the claim shall be in writing and include the documents necessary to substantiate the claim. Said documents may include invoices, cost breakdowns, and other documentation explaining the details of how the Contractor arrives at the amount calculated. Such claim must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for relating to requests for extra compensation or extensions of time.
3. For claims of less than fifty thousand dollars ($50,000), WCW shall respond in writing to any written claim within 45 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 defenses or claims WCW may have against the Contractor.
a. If additional information is thereafter required by WCW, it shall be requested and provided by the Contractor pursuant to this subdivision within 20 days of the request from WCW or as otherwise mutually agreed upon by WCW and the Contractor.
b. WCW's written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
4. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), WCW shall respond in writing to all written claims 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 defenses or claims WCW may have against the Contractor.
a. If additional information is, thereafter, required, it shall be requested and provided pursuant to this subdivision within 30 days of the request by WCW or otherwise mutually agreed upon by WCW and the Contractor.
b. WCW's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
5. If the Contractor disputes WCW's written response, or if WCW fails to respond within the time prescribed, the Contractor may so notify WCW, in writing, either within fifteen (15) days of receipt of WCW's response or within fifteen (15) days of WCW's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, WCW shall schedule a meet and confer conference within (thirty) 30 days for settlement of the dispute.
6. If following the meet and confer conference the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits its written claim pursuant to paragraph 2 above until the time the said claim is denied pursuant to the procedures set forth herein, including any period of time utilized by the meet and confer conference.
- WCW Acquired Permits, Easements, and Agreements —
Attention is directed to the Project Drawings and to any parcel numbers appearing thereon which relate to an easement, permit, or agreement acquired by WCW for rights-of-way and land use to perform the work and which is contained in the easements, permits, and agreements on file at WCW offices, identified in Section 01001, Notice to Contractors of the Contract Documents.
All work within the various private and public properties shown containing a parcel number shall be accomplished in conformance with any specific conditions, instructions, and/or requirements or the respective easement, permit, or agreement.
Where the conditions and/or requirements of such easements, permits, or agreements are greater than the conditions and/or requirements of WCW's Standard Specifications or supplementary conditions and/or requirements prescribed in other portions of the Contract, the conditions and/or requirements of such easements, permits, or agreements shall govern.
WCW will, at its expense, provide the appropriate easements for the work under the Contract. WCW provided easements will be shown in the Contract Documents. WCW may provide additional land for working space, haul roads, and for storage of materials and equipment. If WCW provides additional land, said additional land will be shown in the Project Drawings or Specifications. The Contractor, without cost to itself, may use portions of such easements and land as approved, for working space, haul roads, and for storage of materials and equipment. Should the Contractor find it necessary or advantageous to use any additional land for any purpose whatever, the Contractor shall, at its expense, provide for the use of such land.
- Construction Permits and Licenses —
The Contractor shall obtain and pay for all construction permits and licenses necessary for the performance of the Contract and shall give all public notices necessary for the lawful performance of the Contract.
Where WCW has secured Project right-of-way by obtaining the required permits, easements, or agreements as stated in GC-21A, and said permit, easement, or agreement requires a subsequent contingent construction permit, inspection, or other related requirements, the Contractor shall meet these additional requirements. The inspection fees charged by regulatory agencies shall be paid for by WCW. However, if the inspection fee is due to noncompliance of the permit requirements, such inspection fee shall be paid for by the Contractor.
- Taxes —
The Contractor shall pay all taxes, levies, duties, and assessments of every nature due and payable by the Contractor in connection with any work under the Contract, shall make any and all payroll deductions required by law, and shall indemnify and hold harmless WCW from any liability on account of any and all such taxes, levies, duties, assessments, and deductions.
- Records and Accounts —
The Contractor shall, at its expense, keep and maintain such records and accounts in connection with the performance of the Contract and will furnish to WCW, upon request, an accurate written allocation of the total amount of the price paid for performance of work under the Contract to the various elements of the work, as may be required by WCW for accounting purposes and for public record. Such records and accounts shall remain accessible to WCW for a period of not less than three (3) years beyond the date of formal acceptance as provided under Article GC-41, Final Payment and Release.
- Testing —
Testing of materials or work shall be as specified herein or by testing organizations approved by WCW.
- General —
Where the Specifications require work to be specially tested or approved, it shall be tested only in the presence of the Engineer after timely notice of its readiness for inspection and test, and the work after testing shall be covered up only upon the consent thereto of the Engineer.
The results of any tests made are for the information of the Engineer. Regardless of any test results, the Contractor is solely responsible for the quality of workmanship and materials and for compliance with the requirements of the Project Drawings and Specifications.
Except as specifically required under detailed materials specifications for shop testing and inspection, all tests of materials furnished by the Contractor where tests will be made by the Engineer will be done in accordance with commonly recognized standards of national organizations. The Contractor shall furnish such samples of all materials as required by the Engineer without charge. No material shall be used unless it has been favorably reviewed by the Engineer.
Where such inspection and testing is to be conducted by an independent laboratory or agency, the sample(s) of materials to be tested shall be selected by such laboratory or agency, or the Engineer, and not by the Contractor.
Water for curing concrete shall be from a source approved by the Engineer and shall be furnished and disposed of by the Contractor.
All piping shall be pneumatically or hydraulically tested for tightness.
Where water testing of piping is required, the Contractor shall furnish and dispose of the water which is required for testing of piping for tightness and dispose of it in accordance with applicable regulations.
- Costs of Testing —
The Contractor shall be responsible for, and shall pay for, all off-site tests of materials required. The Engineer, unless specified otherwise in Technical Specifications shall have the right to witness all off-site tests and the Contractor shall furnish adequate notice of when tests will be made.
The Contractor shall be responsible for, and shall pay for, all on-site tests, except those tests specifically noted to be performed and paid for by WCW. The Engineer shall have the right to witness all on-site tests performed by the Contractor, and the Contractor shall furnish adequate notice of when tests will be made.
When, in the opinion of the Engineer, additional tests or inspections are required because of the manner in which the Contractor executes its work, such tests and inspections will be paid for by WCW, but will be deducted from the Contract price. Examples of such additional tests and inspections are: tests of materials substituted for previously accepted materials or substituted for specified materials or retests made necessary by failure of material to comply with the requirements of the Specifications.
- PUBLICATIONS —
No publications or advertisements concerning the subject matter of the Contract shall at any time be made by or on behalf of the Contractor, its subcontractors, or suppliers, unless prior written authorization therefor is obtained from WCW.
No advertising signs shall be erected at the site of the work.
- ACCESS TO WORK AREAS —
WCW and its officers, agents, employees, and any other duly authorized representatives and employees, and all duly authorized representatives of governmental agencies having jurisdiction over work areas or any part thereof shall at all reasonable times, for the purpose of determining compliance with Contract requirements, have access to such areas and the premises used by the Contractor. The Contractor shall also arrange for WCW, and its officers, agents, employees, and any other duly authorized representatives and employees, to have access at all reasonable times to all places where equipment or materials are being manufactured, produced, or fabricated for use under the Contract.
The Contractor's attention is drawn to the fact that during the course of the work of this Contract, existing sewerage facilities will be used and maintained by WCW's personnel. The Contractor shall coordinate its work in such a way as to interfere as little as possible with the routine work of existing facility operation consistent with the necessity for making the connections as specified and as shown on the Project Drawings. The intent of this item is also that the Contractor's work force shall be excluded from access to and use of existing facilities except in direct pursuit of the work of this Contract unless approved by the Engineer. The Contractor shall provide safe access at all times to all existing facilities for operating personnel and equipment.
- ILLUMINATION —
Should any work be performed at night as provided under Article GC-43, Night and Weekend Work, or where daylight is shut off or obscured, the Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on efficiently, satisfactorily, and safely, and to permit thorough inspection. The access to the place of work shall also be clearly illuminated. All wiring for electric light and power shall be installed and maintained in accordance with all applicable standards, securely fastened in place at all points, and shall be kept as far as possible from other electrical wires, telephone wires, signal wires, and wires used for firing blasts.
- INSPECTION AND SAMPLE SPECIMENS —
A. Unless otherwise provided in the Contract, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer shall have the right to reject equipment, materials, and work not in accordance with the Contract. Rejected work shall be satisfactorily corrected; rejected equipment shall be satisfactorily repaired or replaced with satisfactory equipment; and rejected material shall be satisfactorily replaced with satisfactory material, all in accordance with the Contract. The Contractor shall promptly segregate and remove rejected materials and equipment from the premises. All such correcting, repairing, replacing, and removing shall be by and at the expense of the Contractor. B. The Engineer will perform inspections in such manner as not to delay the work unreasonably, and the Contractor shall perform its work in such manner as not to delay inspection unreasonably. The Contractor shall give the Engineer reasonable advance notice of operations requiring special inspections or tests, and it may request inspection of a portion of any work at any time by reasonable advance notice to the Engineer. The Contractor shall, at its expense, furnish promptly all facilities, labor, and materials necessary and required for such inspection and tests. C. The Contractor shall bear any additional inspection costs resulting from its failure to have a portion of work ready for inspection at the time requested by it for inspection, or from reinspection of any previously rejected portion of work where the defects requiring such rejection were due to the Contractor's fault or negligence. Such costs may be deducted, in whole or in part, from any monies due or that may become due to the Contractor under the Contract. D. The Contractor shall furnish the Engineer all reasonable facilities for the Engineer's safety and convenience in inspecting work, at all times and at all places where inspection may take place. If the Engineer finds that conditions are unsafe for inspection at a particular location, he may, upon notice to the Contractor, refuse to inspect in that location until such conditions are corrected. The Contractor shall bear any additional costs resulting from such action, including any costs incurred to permit subsequent inspection of any portion of work covered or completed at the location before correction of the conditions, whether or not such portion of work is found to meet Contract requirements. E. Inspection of materials and finished articles to be incorporated into any work may be made by the Engineer at the place of production, manufacture, or shipment. When such inspection is to be performed, no such materials or finished articles shall be shipped from such place of inspection or incorporated in any work prior to inspection or without the written approval of the Engineer. Equipment, materials, and work not in conformity with the Contract shall be corrected or replaced with satisfactory equipment and materials by and at the expense of the Contractor so as to conform to the Contract as determined by the Engineer. F. No acceptance of equipment, materials, or work shall be construed to result from such inspections by the Engineer. Any inspections or tests or waivers thereof shall not relieve the Contractor of its responsibility for meeting the requirements of the Contract. G. Where so required in the Contract, or whenever requested by the Engineer, the Contractor shall, at its expense, promptly furnish to the Engineer sample specimens of materials to be incorporated into any work. Samples shall be submitted in an orderly sequence so that dependent materials or equipment can be assembled and reviewed without causing delays in the work. Samples of material from natural sources shall be taken in the presence of the Engineer; otherwise, the sample will not be considered for testing. Samples shall be tagged or labeled securely and fully identified as to manufacturer, type, size or capacity, lot, and date, all as applicable and by reference to the applicable section and paragraph of the Contract. Materials for which samples are required shall not be used in any work until approved in writing by the Engineer. Materials incorporated in any work shall conform to such samples as the Engineer, in his discretion, determines meet the requirements of the Contract. Samples will be returned to the Contractor only at the discretion of the Engineer.
- PROGRESS —
A. The construction plant and equipment provided by the Contractor, its labor force, and its methods and organization for handling work, shall be such as will achieve the necessary quality of work and rate of progress required by the Contract.
B. If at any time during the progress of work, the Contractor's actual progress, as determined by the Engineer, is inadequate to meet the requirements of the Contract, the Engineer may notify the Contractor of such imminent or actual noncompliance with the Contract. The Contractor shall thereupon take such steps as may be necessary to improve its progress including, but not limited to, an increase in the labor force, the number of shifts, and/or overtime operations, days of work and/or the amount of construction equipment all without additional cost to WCW. Neither such notice by the Engineer nor the Engineer's failure to issue such notice shall relieve the Contractor from its obligations to achieve the quality of work and rate or progress required by the Contract.
C. Failure of the Contractor to comply with the instructions of the Engineer under these provisions may be grounds for determination by the Engineer that the Contractor is not prosecuting work with such diligence as will assure completion within the times specified. Upon such determination, WCW may terminate the Contractor's right to proceed with the performance of the Contract, or any separable part thereof, in accordance with Article GC-36, Termination of Right to Proceed, herein. Said termination shall be without prejudice to any other remedies available to WCW.
D. In the event of a dispute between the parties as to performance of the work, the interpretation of this Contract, or payment or nonpayment of work performed, the parties shall attempt to resolve the dispute. If the dispute is not resolved and WCW has not terminated the Contract in accordance with Article GC-36, Termination of Right to Proceed, then the Contractor agrees to continue the work diligently to completion and will neither rescind this Contract nor stop the progress of the work. In the event any litigation is commenced with respect to this Contract, such litigation shall not serve to suspend Contractor's obligation to continue performance of the work hereunder.
- RESPONSIBILITY FOR WORK; PRECAUTIONS; SECURITY —
A. The Contractor shall assume responsibility for all material and skilled application of all work furnished and performed under this Contract including any Amendments thereto. At the completion of this Contract, the construction shall constitute a complete and operable facility. In the event an error or omission is discovered in the Contract during the course of the work, the Engineer shall be promptly notified in writing. If the Engineer determines that remedial measures are necessary requiring extra work clearly outside the scope of the Contract work, a Change Order will be negotiated in accordance with Article GC-12, Changes and Extra Work.
1. The Contractor shall be responsible for, and shall bear any and all risk of loss of, or damage to, any work and all materials and equipment until final acceptance under the Contract, unless such loss or damage results from the active negligence of WCW or any act of God as defined herein.
B. As provided in Sections 4150 and 4151 of the California Government Code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work which damage is determined to have been proximately caused by an act of God, in excess of five (5) percent of the contracted amount, provided that the work damaged was built in accordance with accepted and applicable building standards and the Project Drawings and Specifications of WCW. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves. The Contractor shall promptly take all necessary precautions against any conditions created during the performance of the Contract which involve a risk of bodily harm to others or a risk of damage to work or to property, including the property of WCW. The Contractor shall inspect all work, materials, and equipment to discover any such conditions.
C. Existing fences may enclose some or all portions of the project site. The fences are for the protection and security of existing facilities. While it may be necessary for the Contractor to remove some of the fences for installation of new structures, fences, and pipelines, the Contractor's operations shall not reduce the present protection and security. If the present fences are removed, an equivalent temporary continuous perimeter protection shall be provided, and new fence shall be installed in the locations shown, prior to completion of the work.
D. No fence or other existing enclosure about existing facilities shall be assumed by the Contractor to provide appropriate security for either equipment, plant, or materials intended to be employed or incorporated in the work.
E. The Contractor assumes all liability for its failure to comply with the foregoing regardless of any right the Engineer may have to inspect the Contractor's work.
- STORAGE OF MATERIALS AND EQUIPMENT —
The Contractor shall, at its expense, store all materials and equipment as specified in the Contract or, where not specified, in such a manner as to assure the preservation of their quality and fitness, and so as to facilitate prompt inspection by the Engineer.
- USE OF COMPLETED PORTIONS OF THE WORK —
A. Partial Beneficial Use. "Partial beneficial use" shall be defined as use of a portion of the Contract work by WCW before that portion of work is to be put in service and before acceptance of the Contract by WCW. The portion of the contract work is usually a system or facility which can be operated or used independently from other systems or facilities included in the Contract and is not required for the proper operation of other systems or facilities.
1. WCW may, at any time, in a written order to the Contractor (1) declare that WCW intends to use a specified part of the work, which in WCW's opinion is sufficiently complete to permit use of said work, (2) enclose a tentative list of items remaining to be completed or corrected within the area designated for partial beneficial use, and (3) fix the date of commencement of partial beneficial use.
2. The warranty period for the part of the work which is specified for partial beneficial use shall start on the date which is fixed for commencement of partial beneficial use.
3. If, as a result of the Contractor's failure to comply with the provisions of the Contract, such partial beneficial use proves to be unsatisfactory to WCW, WCW shall have the right to continue such use until such portion of work can, without adversely affecting WCW, be taken out of service for correction of defects, errors, omissions, or replacement of unsatisfactory materials or equipment, as necessary for such work to comply with the Contract. The time for completion of corrections or replacements shall not exceed six (6) months from the date of acceptance of the Contract, unless otherwise mutually agreed upon in writing between the parties.
4. The Contractor shall not use any portions of the work which have been accepted for partial beneficial use nor any facilities which existed prior to the date when the Contractor commenced work on the project unless such use is approved by WCW in writing. Where the Contractor's written request is granted for the use of portions of the work of facilities declared as being subject to partial beneficial use, the Contractor shall properly use and maintain, and upon completion of the Contractor's use, and at the Contractor's expense, recondition said portions of the work or facilities to the satisfaction of WCW.
B. Substantial Completion. "Substantial completion" shall be defined as construction sufficiently completed in accordance with the Contract so that WCW can occupy or utilize all portions and all systems of the work for all of the uses for which said work was intended, including seven (7) continuous days of successful operation of the entire system.
1. When the Contractor considers that the work is substantially completed, the Contractor shall prepare and submit to WCW a list of items to be completed or corrected and request an inspection for substantial completion. A failure to include any items on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract. When WCW determines on the basis of the inspection that all portions and all systems of the work are substantially complete, WCW will then prepare a certificate of substantial completion which will establish the date of substantial completion of the work; shall state the responsibilities of WCW and the Contractor for security, maintenance, operation, and insurance; and shall fix the time within which the Contractor shall complete the items listed therein. The Certificate of Substantial Completion shall be submitted to the Contractor.
2. Approval of a Certificate of Substantial Completion will not constitute acceptance of the work nor start the warranty period. Approval of a Certificate of Substantial Completion will fix the date for lowering the amount of liquidated damages to the value specified in the Contract for the period after substantial completion.
- CLEANING UP —
The Contractor shall, at all times, keep the premises, occupied by it in relation to this Contract, in a neat, clean, and safe condition and at all times provide reasonable access thereto. The Contractor shall, as a minimum, conduct daily inspections to verify that requirements of this Article are being met.
During the progress of the work, the Contractor shall:
Retain all stored items in an orderly arrangement allowing maximum access, not impeding drainage or traffic, and providing the required protection of material.
Provide adequate storage of all items awaiting removal from the jobsite, observing all requirements for fire protection and protection of the environment.
Remove any accumulation of scrap, debris, waste material, and other items not required for construction of this work.
Dispose of existing materials and equipment to be demolished and removed and all trash such as broken concrete, wood blocking, shipping containers, etc., resulting from the contract work off the premises occupied by the Contractor, including WCW property, at the Contractor's expense. WCW-leased dumpsters and other disposal containers on WCW's property, unless specifically provided by the Contractor, shall not be used by the Contractor.
Maintain all excavation, embankments, haul roads, permanent access roads, Plant site, waste disposal areas, borrow areas, and all other work areas within contract work limits free from dust, as determined by the Engineer. Industry-accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment, or similar methods, will be permitted. No separate payment will be made to the Contractor for dust control.
If the Contractor fails to comply with any of the foregoing, WCW will transmit written notification of noncompliance. If, within five (5) calendar days of the written notification, the Contractor fails to comply, cleanup may be undertaken by WCW at the expense of the Contractor.
Upon completion of any portion of any work, the Contractor shall promptly remove all of its equipment, temporary structures, and surplus construction and other materials not to be used at or near the same location during later stages of work. Upon completion of any work and before final inspection is made, the Contractor shall unless otherwise specifically directed by the Engineer:
Remove from the job site all plant, buildings, tools, surplus materials, equipment, forms, rubbish, scrap, debris, and waste.
Hose down all paved areas on the site. Completely remove all resultant debris.
Visually inspect all interior surfaces, and remove all traces of soil, waste material, smudges, and other foreign matter. Remove all traces of splashed materials from adjacent surfaces. Remove all paint droppings, spots, stains, and dirt from finished surfaces. Use only approved cleaning materials and equipment.
Restore any improved area used for the Contractor's work or material storage to its condition at the time the Contractor moved onto the site or to the satisfaction of the Engineer.
Schedule final cleaning and improvement restoration to enable WCW to accept a completely clean and restored project.
- PROGRESS, COMPLETION, DELAYS, AND EXTENSIONS OF TIME —
The time limits stated in the Contract are of the essence to the Contract. By executing the Contract, the Contractor confirms that the time limits set forth in the Contract including interim or milestone dates, are reasonable periods for the performance of the work. The Contractor shall not be entitled to extensions of time limits at any time in the progress of the work unless the delay is occasioned by an act or neglect of WCW or unless the delay in the completion of the work arises from unforeseeable causes beyond the control and without fault or negligence of both the Contractor and subcontractors or suppliers. Such unforeseeable causes may include: acts of God; acts of a public enemy; acts of a governmental entity not occasioned by the Contractor's, subcontractor's or supplier's conduct; acts of another contractor in performance of a contract with WCW; fires; floods; epidemics; quarantine restrictions; freight embargoes; unusually severe weather; or other delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers.
If the Contractor seeks an extension of time for the completion of any phase of the work, the Contractor shall file with the Engineer a written request for an extension of time for the portion of the work so delayed within ten (10) calendar days of the onset of such delay and such request shall fully state the reasons for such delay. When such a request is received, the Engineer will ascertain the reasons for and the extent of such delay. If the Engineer determines that the facts justify an extension of time, the Contract will be modified accordingly, in writing. If the Engineer determines that the facts do not justify an extension of time, such request will be denied. The Engineer's finding of fact of either determination will be given to the Contractor and such findings shall be final unless the Contractor files a protest under Article GC-1, Authority of the Engineer and Contractor's Appeal Procedure. No extension will be granted for any portion of any delay unless the required written request is made by the Contractor as specified herein and the Engineer finds justification for the request.
Owner may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspension are within the contemplation of the parties and will not be a basis for a compensable delay
No time extensions will be granted until a delay occurs which:
impacts the projects critical path,
consumes all available float, slack time, or schedule contingency within the construction schedule (the time between the Contractor's scheduled early completion date and the Contract completion date), and
extends work beyond the Contract completion date.
Float, slack time, or schedule contingency within the construction schedule is not for the exclusive use nor benefit of WCW or the Contractor but is a resource available to both parties as needed.
- TERMINATION OF RIGHT TO PROCEED —
If the Contractor should refuse or fail, except in cases for which extension of time is provided, to supply enough properly skilled workers, proper equipment and proper appliances or proper materials, or if it should fail to make prompt payments to subcontractors or for material or labor, or disregard laws, ordinances, or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of this contract, then WCW, upon certification of the Engineer that sufficient cause exists to justify such action, may without prejudice to any other right or remedy, serve written notice upon the Contractor and Surety of its intention to terminate the performance of the Contractor, such notices to contain the reasons for such terminations, and unless within seven (7) calendar days after the serving of such notice upon the Contractor and Surety, such cause shall cease and satisfactory arrangement for correction shall be made, the performance of the Contractor shall cease and terminate. In the event of any such termination, or should the Contractor be adjudged as bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, WCW shall serve notice thereof upon the Surety and Contractor, and the Surety shall have the right to perform the Contract; provided, however, that if the Surety does not commence performance thereof within seven (7) calendar days from the date of service of notice of termination upon the Surety, WCW may take possession of the premises and of all materials, tools, equipment, and appliances thereon and finish the work by whatever method WCW may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and Surety shall pay the difference to WCW. The expense incurred by WCW as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Engineer. Service of any notices hereunder shall be deemed complete upon the deposit in the United States mail, postage prepaid, addressed to the address of the Contractor and Surety as shown on records on file with WCW.
Said termination shall be without prejudice to any other remedies available to WCW.
Upon receipt of any such written notice of termination of right to proceed, the Contractor shall, at its expense, for that work affected by any such termination:
Assist WCW in making an inventory of all materials and equipment in storage at the site, en route to the site, and on order from suppliers.
Assign to WCW subcontracts, supply contracts, and equipment rental agreements all as designated by WCW.
Remove from the site all construction materials, equipment, and plant listed in said inventory other than such construction materials, equipment, and plant which are designated in writing by WCW to be used by WCW in completing such work.
- OPTIONAL TERMINATION —
Including, but not limited to, provisions for termination in the event of national emergency under Section 4410 et. seq. of the Government Code of the State of California, WCW may, at its option, cancel and terminate the Contract in whole or in part at any time by written notice thereof to the Contractor, whether or not the Contractor is in default.
Upon any such cancellation and termination, the Contractor shall waive any claims for damages, including loss of anticipated profits, on account thereof, but as the sole right and remedy of the Contractor and WCW, WCW shall pay the Contractor in accordance with subparagraph B, below, provided, however, that the provisions of the Contract, which by their very nature survive final acceptance under the Contract, shall remain in full force and effect after such cancellation and termination to the extent provided in such provisions.
Upon receipt of any such notice, the Contractor shall, unless the notice requires otherwise:
Immediately discontinue work on the date and to the extent specified in the notice.
Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Contract that is not terminated.
Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to WCW of all orders and subcontracts to the extent they relate to the performance of work terminated.
Assist WCW as specifically requested, in writing, in the maintenance, protection, and disposition of property acquired by WCW under the Contract.
Upon any such termination, WCW will pay to the Contractor an amount determined in accordance with the following (without duplication of any item):
All amounts due and not previously paid to the Contractor for work completed in accordance with the Contract prior to such notice, and for work thereafter completed as specified in such notice.
The cost of settling and paying claims arising out of the termination of work under subcontracts or orders as provided in subparagraph B.1.c, above.
The reasonable costs incurred pursuant to subparagraph B.1.d, above.
Any other reasonable costs incidental to such termination of work.
The foregoing amounts shall include a reasonable sum, under all of the circumstances, as profit for any work performed by the Contractor.
- SUSPENSION —
WCW may, at its sole option, by notice in writing to the Contractor, suspend at any time the performance of all or any portion of work to be performed under the Contract. Upon such notice of suspension of work, the Contractor shall permit WCW to designate the amount and type of plant, labor, and equipment to be committed to the Project. During the period of suspension, the Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.
Upon receipt of any notice, the Contractor shall, unless the notice requires otherwise:
Immediately discontinue work on the date and to the extent specified in the notice.
Place no further orders or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in the notice.
Promptly make every reasonable effort to obtain suspension upon terms satisfactory to WCW of all orders, subcontracts, and rental agreements to the extent they relate to performance of work suspended.
Unless otherwise specifically stated in the notice, the Contractor shall continue to protect and maintain the Project including those portions on which work has been suspended.
As full compensation, the Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, to the extent that such costs directly result from such suspension of work:
A standby charge to be paid to the Contractor during the period of suspension of work which standby charge shall be sufficient to compensate the Contractor for keeping, to the extent required in the notice, its organization and equipment committed to the Project in a standby status.
All reasonable costs associated with mobilization and demobilization of the Contractor's plant, forces, and equipment.
An equitable amount to reimburse the Contractor for the cost of maintaining and protecting that portion of the Project upon which work has been suspended.
If, as a result of any such suspension of work, the cost to the Contractor for subsequently performing work is increased or decreased, an equitable adjustment will be made in the cost of performing the remaining portion of the work.
Upon receipt of notice to resume suspended work, the Contractor shall immediately resume work on the suspended work to the extent required in the notice. Any request on the part of the Contractor for time or compensation shall be made within ten (10) calendar days after receipt of notice to resume work and the Contractor shall submit for review a revised construction schedule.
- MEASUREMENT AND PAYMENT —
Unless otherwise provided in the Contract, the Engineer will decide the method to be used in determining the weight of the parts and items, such as the use of shipping weights, scale weights, manufacturers' weights, catalog weights, or computed weights. Payment will only be made on the basis of net weight which will exclude the weight of all tare, packing, blocking, shop welds, and the weight of materials which are required to be placed or applied at the site of construction, such as grout, wedges, and caulking materials. The Contractor shall, if required by the Engineer, and at its expense, furnish scales and provide assistance for weighing and measuring such materials without additional charge.
Wherever the measurement and payment provisions of the Contract provide that payment for the item(s) listed therein will be made at the Contract-unit price or Contract lump-sum price therefor, whichever is set forth in Section 01003, Subsection 2, Schedule of Bid, such payment shall be full compensation to the Contractor for all work referred to in such provision, including but not limited to the following: all labor, supervision, tools, materials, equipment, the performance of all operations, all other direct expenses and items of overhead, general and administrative expense, and profit for the applicable Contract item.
Wherever in the Contract it is provided that the Contractor shall perform certain work "at its expense" or "without charge," or that certain work "will not be paid for separately," such quoted words mean that the Contractor shall not be entitled to any additional compensation from WCW for such work, and the cost therefor shall, unless otherwise specified, be considered as inherently included in the payment for other items of work identified in Section 01003, Subsection 2, Schedule of Bid.
- PROGRESS PAYMENTS —
Unless otherwise provided in the Specifications, monthly progress payments will be made as the work proceeds. Such payments will be made in accordance with estimates of the amount and value of work satisfactorily performed by the Contractor up to the time of each estimate.
Prior to preparation of the first estimate for a progress payment, the Contractor shall submit for review by the Engineer a detailed cost breakdown of the work under each bid item awarded. Bond and insurance costs shall not be considered a separate item of cost for this purpose but shall be included in mobilization/demobilization.
Partial payments for mobilization/demobilization costs shall be as follows:
Thirty-five percent (35%) of the amount bid for mobilization/ demobilization or 1.75 percent of the original contract amount, whichever is less, shall be paid in each of the first two progress payments.
The balance of the amount bid for mobilization/demobilization shall be paid upon completion of all work on the project.
Generally, the Contractor will not be compensated for materials and equipment delivered to the site until after they are incorporated in the work. If the Engineer determines that the progress of the work will benefit by the delivery to the site of certain materials and equipment in advance of their actual requirement, and if such materials and equipment are delivered in accordance with the following conditions, a portion of the cost of the materials and equipment may be included in progress payments. The conditions for such partial payments are as follows:
At least four (4) weeks prior to the delivery of such materials and equipment, the Contractor shall submit a list of such materials and equipment for review on the acceptability for partial payments.
Shop drawings and technical data for such materials and equipment must be reviewed and accepted prior to delivery.
Upon delivery, the Contractor shall submit written evidence, satisfactory to the Engineer, that the Contractor is the unconditional owner of such materials, free from all claims, liens, and security interest, and a bill of sale or other equivalent document with warranty of title to such materials and equipment.
Title to the delivered material shall be vested in WCW at the time of delivery to the site. The Contractor shall, however, notwithstanding such transfer of title to WCW be absolutely responsible to WCW for such materials and equipment until the same shall have been completely installed, tested, and accepted.
Such equipment and materials shall be properly stored or stockpiled to the satisfaction of the Engineer. The Contractor shall at its own cost replace any materials and equipment damaged or lost.
Stored or stockpiled materials shall be available for inspection by the Engineer.
After delivery of material, if any defects are discovered, whether caused by defective manufacture or damage occurring during delivery or storage (including storage at WCW or the construction site), the materials shall be removed and replaced with suitable material at the Contractor's expense.
The Contractor's insurance shall include coverage for such material against theft, fire, vandalism and malicious mischief.
The maximum portion of cost to be included in progress payments for materials and/or equipment qualifying under this section will be 75 percent of the total cost of the delivered materials and/or equipment eligible for such partial payment. The payment will in no case exceed the bid price or assigned value for the item of work for which the material and/or equipment is furnished and the accumulated total payment for all material delivered but not yet incorporated into the work will in no case exceed ten (10) percent of the total value of the Contract.
In estimating progress payments, the Engineer may use the unit prices bid by the Contractor. In the event that there are no unit bid prices, or the bid unit prices do not, in the opinion of the Engineer, represent the actual value of the equipment and materials furnished, the Engineer may estimate progress payments based on prices reflecting such actual value.
Nothing in the above conditions shall relieve the Contractor of its responsibility for incorporating the materials in the work in conformity with the Contract.
In the event the initial detailed cost breakdown is not accepted by the Engineer, additional cost breakdowns shall be submitted by the Contractor until the Engineer determines that the cost breakdown is acceptable. The breakdown will then become the basis for partial payment determination. Progress payment estimates shall be made by the Contractor and submitted to the Engineer for review and concurrence. Once WCW has agreed to the items of cost, the Contractor shall prepare a progress payment request on a form furnished by WCW and submit the request for payment. The burden of requesting payment is on the Contractor. WCW has no obligation to pay for a separate item of cost unless that item of cost is included in a progress payment request by the Contractor.
In making progress payments,WCW shall retain five (5) percent of the cumulative estimated amount until final acceptance of all work under the Contract set forth under Article GC-41, Final Payment and Release. The Contractor shall be allowed to substitute securities for any monies withheld to ensure performance under this Contract pursuant to Section 22300 of the California Public Contract Code. The Contractor shall execute the Escrow Agreement for Security Deposits in Lieu of Retentions in the form contained in "Contract Documents", if applicable. Any payments otherwise payable under the Contract may be withheld, in whole or in part, by WCW as may be necessary to protect WCW from loss because of:
Defective work which is not remedied; or
Third party claims filed or reasonable evidence indicating probable filing of such claims; or
Failure of the Contractor to make payments properly to subcontractors or for labor, materials, or equipment; or
Reasonable evidence that the work cannot be completed for the unpaid balance of the contract sum; or
Failure of the Contractor to submit an acceptable construction schedule or failure to update the schedule.
Damage to WCW or another contractor; or
Reasonable evidence that the work will not be completed within the time provided for in the Contract; or
Contractor's failure or inability to obtain or maintain insurance coverage and bonds as required by the Contract throughout the course of the job; or
Persistent failure to carry out the work in accordance with the Contract.
Failure to deliver copies of certified payrolls, as specified in Section 01005, General Conditions, Article GC-20, Laws and Regulations.
In addition, WCW may deduct from any such payments due the Contractor any amounts WCW may be currently or in the future authorized to retain pursuant to federal, state, or local laws or regulations, any amounts due WCW from the Contractor, and any other amounts which WCW is otherwise authorized to retain as specified in "Special Conditions".
WCW will retain an amount from any payment due the Contractor in an amount not to exceed twice the value of repairs, corrections, or replacements as provided herein to assure that the Contractor completes such repairs, corrections, or replacements. The Contractor shall receive payments of such retained amounts as the repair, correction, or replacement work is completed.
The Contractor may prevent withholding of the Progress Payment by, (1) correcting such defects in workmanship or materials as may exist, (2) curing any default existing in any of the conditions of the Contract, or (3) paying, satisfying, or discharging any claim of WCW or any other person against the Contractor arising out of or in any way connected with the work to be performed under the Contract. The determination as to whether conditions exist as set forth above to justify withholding payment(s), in whole or in part, and/or whether the Contractor has properly remedied such claims, defects, or failures shall be at the discretion of the Engineer.
If the Contractor's obligation to meet and make such claims and payments as set forth above are not promptly met after receipt by the Contractor of a written notice from the Engineer, WCW may discharge such obligations and deduct all costs in connection with such discharge of Contractor's obligations from payments(s) to the Contractor. If the amount which may be withheld from payment(s) is insufficient to meet such costs, or if any claim or charge against the Contractor shall be discharged by WCW after the final contract payment is made, Contractor and its Sureties shall promptly pay WCW all costs incurred thereby, regardless of when such claim arose or whether such claim imposed a lien upon the Project or the real property upon which the Project is situated.
Said Contractor's progress payment requests shall be made in writing on or about the twenty-fifth (25th) day of each calendar month, and payment will be made within twenty-one (21) calendar days after the Engineer verifies that the request has been properly filed and submitted. Progress estimates will not be required to be made by strict measurement, but may be made by measurement or by estimation or partly by one method and partly by another.
In accordance with Section 980 of the Government Code, WCW will pay interest on progress payments held over sixty (60) calendar days from the date of submission, as long as the request for payment by the Contractor is deemed properly filed and submitted. A request for payment by the Contractor will not be deemed properly filed or submitted until such time as the Record Drawings are reviewed and found to be current The date of submission is the date WCW's representative signs the progress payment request form in the space provided for the resident engineer. This signature will verify that the request has been properly filed and submitted.
Any submission of any invoice without the proper, required accompanying submittals, or with incorrect calculations, or in a format not acceptable to WCW will be deemed by WCW to be a disputed request for payment and not a properly submitted request for payment. Such invoice will be returned to the Contractor for resubmittal.
No progress estimate or payment need be made when, in the judgment of the Engineer, the total value of the work done since the last estimate amounts to less than five thousand dollars ($5,000).
All equipment, materials, and work covered by progress payments will, upon such payment, become the property of WCW, but this provision shall neither be construed as constituting acceptance of any work or as relieving the Contractor from the sole responsibility for all equipment, materials, and work upon which payments have been made, including the restoration of any damaged work until final acceptance thereof, other than as provided in Article GC-33, Use of Completed Portions of the Work, nor as a waiver of the right of WCW to require fulfillment of all of the terms of the Contract.
- FINAL PAYMENT AND RELEASE —
Whenever the Contractor deems that its obligations under the Contract have been fulfilled, the Contractor shall, in writing, so notify the Engineer. Upon receipt of such notice, the Engineer will, in company with the Contractor, inspect the work which has been performed. If the Engineer determines that all work which, by the terms and conditions of the Contract, is to be performed, has been satisfactorily performed, the Engineer will recommend acceptance of the work. After acceptance of the work by WCW, WCW will cause to be filed in the office of the Engineer and the office of the County Recorder of Contra Costa County, in accordance with Section 4005 of the Government Code of the State of California, a notice of completion of all work under the Contract. Upon expiration of the statutory period for filing of liens and stop notices and provided no liens or stop notices have been filed, WCW will pay to the Contractor the amount remaining due after deducting from such amount all such amounts as will have been previously paid to the Contractor under the Contract, and also any amounts which, by the terms of the Contract, WCW is or may be authorized or required to reserve or retain. All prior progress payments, being estimates, will be subject to adjustment in the final payment.
WCW requires a release of all claims arising out of work related to undisputed contract amounts. Final payment shall be subject to the Contractor executing a release in favor of WCW, its directors, officers, representatives, agents, and employees as to all claims of and liability to the Contractor or any third party for anything done or furnished for, or in relation to, any work related to undisputed contract amounts; and for any act or omission of WCW, its directors, officers, representatives, agents and employees, respectively, or of any person relating to or affecting any work related to such final payment.
Claims by the Contractor for additional compensation or damages remaining in dispute as set forth in the final payment release shall be excluded from the terms of the release. WCW may withhold from the final payment up to one hundred fifty percent (150%) of the estimated value of claims by WCW or third parties against the Contractor, including but not limited to claims regarding amounts previously paid to the Contractor by WCW.
The release signed by the Contractor as part of the final payment shall be in substantially the following form:
Final Payment and Release
Project Name: Force Main Assessment Civil Work
WCW Project Number: 26-IFB-029
The acceptance by Contractor of the final contract payment in the sum of $_____________________________ covering undisputed contract amounts shall operate as, and shall be a release to the West County Wastewater (WCW), WCW's directors, officers, representatives, agents, and employees, respectively, from all claims of and liability to the Contractor (except as set forth below), including claims of the Contractor as the successor in interest by assignment or otherwise, to claims of laborers, mechanics, subcontractors, consultants, and materialmen and including claims by laborers, mechanics, subcontractors, consultants, and materialmen as successors in interest by assignment, or otherwise, arising out of the work performed under the Contract which are related to said undisputed Contract amounts. This Release shall be effective as to all claims of the Contractor arising out of or in connection with the performance of the work under this Contract with respect to said undisputed Contract amounts, including tort claims, which are known to the Contractor or reasonably should have been known to the Contractor at the date of the signing of this Release. The acceptance by Contractor of the final contract payment described above shall operate as a waiver of all claims described herein and of any entitlement to additional payment arising out of the Contract, except as to those claims by the Contractor and their respective estimated dollar amounts listed herein below. It is understood that the amounts set forth below are good faith estimates and may be subject to some reasonable modification. It is intended that this Release be construed in accordance with the limitations set forth in California Public Contract Code, Section §7100.
DESCRIPTION OF ESTIMATED AMOUNT OF
DISPUTED CLAIM DISPUTED CLAIM
___________________________________________________________ $ ___________________
___________________________________________________________
___________________________________________________________
Signed:__________________________
By: _____________________________
(typed or printed)
Title ____________________________
Company Name:______________________________________ Dated: ____________________
WCW, at its option, may elect to issue final payments directly to certain of the subcontractors, or to issue joint check payments, payable to the Contractor and subcontractor involved. Contractor agrees to verify the correctness of any final payments to be made to subcontractors by WCW and acknowledge the same in writing to WCW within five (5) days of written request from WCW. If the Contractor disputes the correctness of any final payment to be made to a subcontractor, the Contractor shall so notify WCW, in writing, of the matters in dispute and the amounts thereof. The notice shall be in writing delivered to WCW within five (5) days of the above-written request from WCW. Said payments shall be made in accordance with estimates made by the Contractor and/or subcontractor and approved by the Engineer of the amount and value of work satisfactorily performed by the subcontractor. Amounts so paid to the subcontractor shall be deducted from any amounts due the Contractor under the terms of the Contract and any change or extra work orders. However, to the extent that the Contractor disputes any portion or all of the estimated payment due a subcontractor, an amount not to exceed 150 percent (150%) of the disputed amount will be withheld from the payment to the subcontractor. If the entire amount due the subcontractor is disputed by the Contractor, then up to 150 percent (150%) of this entire amount may be deducted from payments to Contractor until the dispute is resolved.
If, as stated above, WCW elects to issue final payments to a subcontractor or subcontractors or to issue joint check payments, WCW may request, as part of its payment to the subcontractor or subcontractors involved, that said subcontractor or subcontractors sign a Conditional Waiver and Release Upon Final Payment to the subcontractor which shall be in substantially the following form:
Conditional Waiver and Release Upon Final Payment to Subcontractor
Upon receipt by the undersigned of a check from West County Wastewater (WCW) in the sum of $_______________________________________ payable to __________________________________________________________________________________________ and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the this Contract. This release covers the final payment of the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional work described in the attached sheet, if any, in the amount of $___________________________________.
Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned.
Dated: ________________________________________ _________________________________________________
Company Name
By: _________________________________________________________
Title: ________________________________________________________
- LIQUIDATED DAMAGES —
If the Contractor fails to complete the work in a manner satisfactory to WCW or before the dates of completion agreed upon and fixed herein or as duly extended as here-in-before provided, the Contractor, pursuant to the provisions of this Contract and California Government Code Section 53069.85, shall forfeit and pay to WCW the sum set forth under Section 01006, Article SC-21, Amount of Liquidated Damages, for each calendar day of such delay. Contractor and WCW mutually agree that this daily Amount of Liquidated Damages is a reasonable estimate of future damages as of the date of this Contract, and mutually agree that the sum so specified as liquidated damages is not manifestly unreasonable under the circumstances existing at the time the Contract was made. WCW may deduct said sums from the payments due the Contractor each month. If the payments due the contractor are less than the amount of such liquidated damages, said damages shall be deducted from any other monies due or to be due the Contractor. The Contractor or its Surety shall pay the balance to WCW.
This liquidated damages provision is intended to apply only to the normal administrative, construction, engineering, supervision, design, redesign, operation, and other analogous costs associated with delays in projects similar to the project involved herein. This liquidated damages provision shall not apply to other damages, including consequential damages other than as specified above nor shall preclude WCW from seeking said other damages not covered by the liquidated damages provision. Specifically, this liquidated damages provision shall not apply to or include consequential damages resulting from the delay itself, as opposed to the direct-cost-type damages described above, incurred as a result of typical day-to-day project costs normally associated with on-going work. These excluded consequential and other damages shall include, but not be limited to, first- and third-party claims for torts, claims of inverse condemnation, environmental costs and claims, and/or regulatory fees or fines imposed in whole or in part due to Contractor's failure to complete the work in the manner, including time, as set forth in the Contract.
- NIGHT AND WEEKEND WORK —
The Contractor may be required to prosecute the work at night if, at any time, the Engineer shall deem it necessary for the progress of the work, or if emergencies arise, and the Contractor shall promptly comply with any such requirements made in writing by the Engineer. The Contractor will also be permitted to work at night if it shall satisfy the Engineer of the need therefor, in order to maintain the required progress or protect the work from the elements. When required, ordered, or permitted to work at night, the Contractor shall provide sufficient and satisfactory lighting and other facilities therefor. For night work, if any be performed, the Contractor shall employ a crew organized and prepared for regular and continuous night work, however and whenever so employed in the work the Contractor shall receive no extra payment, but compensation shall be considered as having been included in the price stipulated for the work.
No work shall be done on weekends except:
usual protective work, such as pumping;
work done in case of emergency threatening injury to persons or property; or
when in the sole judgment of the Engineer, the work will be of advantage to WCW.
When night and weekend work is undertaken the Contractor shall first obtain all necessary permits from all entities having jurisdiction (for example noise ordinances) prior to starting such work.
- INTOXICATING LIQUORS AND DRUGS —
The Contractor shall not sell and shall neither permit nor suffer the introduction or use of intoxicating liquors or nonprescribed illegal narcotics or drugs upon or about the work.
- MEETINGS —
A preconstruction meeting will be held after the award of the Contract to review the Contractor's preconstruction submittals as required by the Contract, to execute WCW construction permit (at no cost to the Contractor), and to discuss various administrative items. At this meeting, the Contractor may be requested to furnish WCW with certified payroll forms containing the classifications of workers who will be employed on the project and the wage each classification will be paid. The Contractor shall also be prepared to discuss the construction schedule and methods of implementing the various work items.
The Engineer will conduct progress meetings for the purpose of discussing and resolving matters concerning the various elements of the work.
WCW may notice other meetings at which attendance by the Contractor and subcontractors may be required.
Time and place for the above meetings and the names or titles of persons and subcontractors required to be present shall be as directed by the Engineer. The Contractor shall comply with these attendance requirements and shall also require, if needed, its subcontractors to comply.
- LIENS AND STOP NOTICE —
If at any time any notices of lien are filed for labor performed or materials or equipment manufactured, furnished, or delivered to or for the work, the Contractor shall at its own cost and expense, promptly discharge, remove, or otherwise dispose of the same, and until such discharge, removal, or disposition, the Engineer shall have the right to retain from any monies payable to the Contractor an amount which, in the Engineer's sole judgment, the Engineer deems necessary to satisfy such liens and pay the costs and expenses, including attorneys' fees, of defending any actions brought to enforce the same, or incurred in connection therewith or by reason thereof.
If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon WCW a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, WCW shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or to become due the Contractor under this Contract as shall be sufficient to answer the claim stated in such Stop Notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the Engineer shall, in the Engineer's discretion, permit Contractor to file with the WCW the bond referred to in Section 3196 of the Civil Code of the State of California, said monies shall not thereafter be withheld on account of such Stop Notice. The monies which WCW withholds shall be a minimum of one hundred twenty-five percent (125%) of the face value of the Stop Notice.
- NO WAIVER —
Neither the inspection by the Engineer, nor any order, measurement, approval, determination, decision, or certificate by the Engineer, nor any order by WCW for the payment of money, nor any payment for or use, occupancy, possession, or acceptance of the whole or any part of the work by WCW, nor any extension of time, nor any other act or omission of WCW or of the Engineer shall constitute, or be deemed to be an acceptance of any defective or improper work, materials, or equipment nor operate as a waiver of any requirement or provision of the Contract, nor of any remedy, power, or right herein reserved to WCW nor of any right to damages for breach of Contract. Any and all rights and/or remedies provided for in the Contract are intended and shall be construed to be cumulative; and, in addition to each and every other right and remedy provided for herein or by law, WCW shall be entitled, as a right, to a writ of injunction against any breach or threatened breach of the Contract by the Contractor, by its subcontractors, or by any other person or persons.
- QUALITY OF EQUIPMENT, MATERIAL, PRODUCTS, AND/OR WORKMANSHIP —
The Contractor shall furnish all equipment, materials, and/or products required to complete the work, except equipment, materials, and/or products that are designated in the Contract Documents to be furnished by WCW. Materials which are identified as WCW-furnished materials on the Project Drawings or in Section 01006, SC-11, WCW-Furnished Materials or Equipment, will be available to the Contractor free of charge, upon request, at the locations designated.
Only equipment, materials, and/or products meeting the requirements of the Contract Documents shall be incorporated in the work. The equipment, materials, and/or products furnished and used shall be new and shall be manufactured, handled, and installed in a workmanlike manner to ensure a completed project in accordance with the Contract Documents. Manufacturers’ warranties, guarantees, instruction sheets, and parts lists which are furnished with certain equipment, materials, and/or products incorporated in the work shall be delivered to the Engineer before the Contract will be accepted.
If no detailed specifications are set forth, the Contractor shall furnish equipment, materials, and/or products in conformance with the latest standards, specifications, manuals or codes of an acceptable technical society, organization or association, or to the laws or regulations of any applicable governmental authority, whether such reference be specific or by implication, in effect at the time of opening of bids. In general, the work performed shall be in full conformity and harmony with the intent prescribed under Article GC-2, Intent of the Contract.
The Engineer has the authority to disapprove or reject work, whether in place or not, which the Engineer believes to be defective, or that the Engineer believes will not produce a completed project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed project as a functioning whole as indicated by the Contract Documents. Such equipment, materials, and/or products shall be removed immediately from the work site, unless otherwise permitted by the Engineer. No rejected equipment, materials, and/or products, the defects of which have been subsequently corrected, shall be used in the work, unless approval in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions in this Article, the Engineer may cause the removal and replacement of rejected work included equipment, materials, and/or products. The Engineer may deduct the costs incurred due to the failure of the Contractor to remove and replace rejected work from any monies due or to become due the Contractor.
The fact that the Engineer has not disapproved or rejected any part of the work or any of the equipment, materials, and/or products supplied in connection therewith shall not be deemed or construed to mean an automatic acceptance of any such part of the work or any such equipment, materials, products, and/or workmanship.
- WCW OWNERSHIP OF PROJECT MATERIALS AND SALVAGE —
Unless otherwise provided in the Contract, the title and interest in the right to the use of all water, and the title to all soil, stone, gravel, sand, minerals, timber, and all other materials developed or obtained within the Project limits from operations by the Contractor or any of its subcontractors, of any of their representatives or employees, and the right to use or dispose of the same are hereby expressly reserved to WCW; and neither the Contractor nor any of its subcontractors, nor any of their representatives or employees, shall have any right, title, or interest in or to any part thereof.
All material used under the Contract after it has been attached or affixed to the work or soil and after partial payment has been made therefor shall become the property of WCW.
The Contractor shall satisfy itself as to the quantity of materials that meet the specifications which may be produced or obtained at local sources, and WCW will not assume any responsibility as to the quantities or quality of materials available.
The Contractor, with the written permission of the Engineer, may use in the proposed construction such stone, gravel, sand, or other material suitable in the opinion of the Engineer as may be found at the project site.
Existing items to be salvaged shall remain the property of WCW. Items to be reinstalled in the work shall be refurbished as required before reinstallation. Items to be salvaged shall be carefully removed and handled in such a manner as to avoid damage and shall be delivered to storage at a location designated by the Engineer.
- PROVISIONS REQUIRED BY LAW DEEMED INSERTED —
Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though they were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion.
- CONFLICT OR INCONSISTENCY —
Unless otherwise noted below, conflicts or inconsistencies between parts of the Contract will be resolved by the Engineer with a change order or an addendum, if required. Addenda and change orders bearing the most recent date shall prevail over addenda or change orders bearing earlier dates. Any reference to addenda-changed specifications or drawings shall be considered to have been changed accordingly.
In resolving conflicts, errors, or discrepancies, the order of precedence shall be as follows:
Change Orders/Addenda (most recent in time takes precedence)
Contract and Bond Forms
Technical Specifications (Division 20 and above if required)
Technical Specifications (Division 1 through 17 as required)
Special Conditions
Project Drawings
General Conditions
Instructions to Bidders
Bid Forms
Notice to Contractors
Reference specifications shall have the same order of precedence as the document in which it is referenced. For example, a reference to WCW’s Standard Specifications contained in the Technical Specifications will have the same order of precedence as that Technical Specification. A reference to an Appendix contained in the Technical Specifications will have the same order of precedence as that Technical Specification. If a reference specification is mentioned in more than one part of the Contract, the part with the highest order of precedence shall govern.
With reference to the Project Drawings:
Figures govern over scaled dimensions.
Project-specific drawings govern over general and typical drawings.
Addenda/Change Order drawings govern over Project Drawings.
Project Drawings govern over standard drawings.
It shall be the Contractor's responsibility to resolve any conflicts between the requirements contained on permits from other agencies and the Contract to the satisfaction of the Engineer. When there is a conflict between the requirement(s) as specified in the Contract and as required by other agencies, the more restrictive requirement(s) shall prevail.
- UTILITY AND OTHER EXISTING FACILITIES —
The location of known existing utilities and pipelines are shown on the Project Drawings in their approximate locations. Some of the locations include multiple conduits. The Contractor shall exercise care in avoiding damage to those facilities which are to remain in service subsequent to the construction of the particular new facility involved, and it will be held responsible for their repair if damaged. The Contractor shall also exercise care in maintaining those pipes and facilities required for continuing operation of the existing facilities until such time as they can be abandoned. There is no guarantee that all utilities or obstructions are shown or that the locations indicated are accurate.
The Contractor shall be responsible for discovery of all existing underground installations in advance of excavating or trenching, by contacting all local utilities 48 hours in advance, and by prospecting. Contractor shall notify Underground Service Alert 48 hours prior to any excavation work.
When the excavation work approaches the approximate location of underground utilities, the exact location shall be determined by careful probing or hand digging. When uncovered, adequate protection shall be provided for the existing installation.
The Contractor shall exercise extreme caution in working in the area adjacent to existing sewerage facilities. It is essential that all the existing facilities be maintained in service until the new work is ready for full time operation, and the new work is placed in service. Construction of the connections between the existing facilities and the new facilities shall be at times and during periods acceptable to WCW. The Contractor shall advise the Engineer in writing of its proposed construction schedule for these connections at least five (5) calendar days in advance.
The Contractor shall uncover and completely expose all piping where crossings, interferences, or connections are shown on the Project Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved. If the Contractor does not expose all required utilities, it shall not be entitled to additional compensation for work necessary to avoid interferences or for repair to damaged utilities. Excavations around underground electrical ducts and conduits shall be performed using extreme caution to prevent injury to workers or damage to the electrical ducts or conduits.
Notwithstanding any other provision of this Contract between WCW and the Contractor:
In accordance with the provisions of Section 4215 of the California Government Code, in any contract to which WCW is a party, WCW shall assume the responsibility between the parties to the contract for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project and that are a subject of the Contract if such utilities are not identified by WCW in the Project Drawings and Specifications and made a part of the Notice to Contractors; provided, however, that nothing herein shall be deemed to require WCW to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes on or adjacent to the site of construction. WCW will compensate the Contractor for the costs of locating and repairing damage and removing or relocating such utility facilities which are not indicated in the Project Drawings and Specifications provided that the Contractor exercises due reasonable care.
The owner of the utility shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.
The Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of WCW to show existing utilities or other existing facilities, excluding service laterals.
If interferences between existing utilities and proposed work occurs at locations other than those shown on the Project Drawings, the Contractor shall notify the Engineer, and a method for correcting said interference will be supplied by the Engineer. Payment for correction of interferences not shown on the Project Drawings will be in accordance with the provisions of Article GC-11, Differing Site Conditions.
Planned utility service shutdowns to any portion of the treatment plant or collection system shall be accomplished during periods of minimum use. In some cases this may require night or weekend work. The Contractor shall program its work so that service will be restored in the minimum possible time, and shall cooperate with WCW in reducing shutdowns of utility systems to a minimum. No utility interruption will be permitted without the prior approval of the Engineer and the specific utility.
- SURVEYS, LINES, AND GRADES —
All work under the Contract shall be done to the lines and grades shown on the Project Drawings, unless directed otherwise by the Engineer.
The Contractor shall use three (3) consecutive points on the same slope in order to detect any variation from a straight grade. If any discrepancy occurs, the Contractor shall immediately notify the Engineer. If this discrepancy is not reported at the time of discovery to the Engineer, the Contractor shall be responsible for correcting any error in the finished work at no cost to WCW.
WCW may make any survey to accurately measure quantities for payment to the Contractor.
WCW will have the right at any time to interrupt the Contractor's work schedule in order to have lines or grades checked on any work in progress; and no time extension will be granted for such interruptions, provided that the interruptions do not exceed a reasonable amount of time under the specific circumstances involved.
- CONTRACT DOCUMENTS AND RECORD DRAWINGS —
The Contractor may obtain from WCW, free of charge, copies of the Contract Documents as specified in in this solicitation document. Additional sets may be procured at cost of printing and binding. The Contract Documents include Notice to Contractors; Instructions to Bidders; Proposal Forms; Contract and Bond Forms; General Conditions; Special Conditions; Technical Specifications; Project Drawings; and any addenda thereto.
The Contractor shall keep on the work site a copy of the Contract Documents and shall at all times give the Engineer access thereto. Any drawings included in the detailed Specifications shall be regarded as part thereto and of the Contract. Anything mentioned in these Specifications and not shown on the Project Drawings, or shown on the Project Drawings and not mentioned in these Specifications, shall be of like effect as though shown or mentioned in both. The Engineer will furnish from time to time such detail drawings, plans, profiles, and information as he may consider necessary for the Contractor's guidance. It shall be the duty of the Contractor to see that the provisions of the Contract Documents are complied with in detail irrespective of the inspection given the work during its progress by the Engineer. Any failure on the part of the Contractor to observe the requirements contained in the Contract Documents will be sufficient cause for the rejection of the work at any time before its acceptance.
The Contractor shall maintain, at the jobsite, one record set of Project Drawings in good order and clearly marked to show any deviations which have been made from the Project Drawings, including concealed construction and utility features which are revealed during the course of construction. Marked prints shall be updated at least once each week and shall be available to the Engineer for review as to currency prior to developing partial payment estimates. Upon completion of the work, the marked set of prints shall be delivered to the Engineer.
In the case of those drawings which depict the detail requirement for equipment to be assembled and wired in the factory, such as motor control centers and the like, the Record Drawings shall be updated by indicating those portions which are superseded by change order drawings or final shop drawings, and by including appropriate reference information describing the change orders by number and the shop drawings by manufacturer, drawing, and revision numbers.
Requests for partial payments will not be approved if the updated set of Drawings is not in good order or is not kept current. Request for final payment will not be approved until the complete and correct Record Drawings are delivered to the Engineer.
- CONTAMINATED SOIL/MATERIALS —
Contaminated soils and materials shall include, but not be limited to, pollutants and/or materials defined as hazardous substances or hazardous wastes under the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Hazardous Substances Control Act (Health and Safety Code Section 25300 and following), the Hazardous Waste Control Act (Health and Safety Code Section 25100 and following), or as defined as pollutants or contaminants under any other applicable state and federal laws and regulations. Said materials shall include, but not be limited to, friable asbestos, PCBs, petroleum products and its byproducts, and waste oil, among other substances.
Contractor shall notify WCW by person or by telephone within two hours of discovery as to any contaminated soil or materials on or beneath the jobsite, including in buildings and related structures which could be impacted by the construction project so discovered by the Contractor, its personnel, agents, representatives, consultants, or any other persons working under the direction and control of the Contractor. In addition, written notice shall be delivered to WCW by the Contractor within 24 hours of discovery. Contractor shall require that like provisions be inserted in all contracts with its subcontractors and tiers of subcontractors. This shall not relieve the Contractor from the obligation and responsibility to ensure that the provisions of this general condition are complied with.
The Contractor and its subcontractors shall immediately cease any and all work at the location of the discovery of the contaminated soil or materials until further notice from WCW or the Engineer.
However, if the Contract Documents specifically direct the Contractor to conduct appropriate cleanup operations with respect to the contaminants discovered, the Contractor shall proceed with these operations. In addition, the Contractor shall notify WCW of the discovery of said contaminants in the manner set forth above. Further, if the contaminants substantially vary from the description in the Contract Documents as to type of material, quality of materials, level of concentration or toxicity, location, as to the materials' affect on groundwater, or vary in any other substantial manner from the description as set forth in the Contract Documents, the Contractor shall immediately cease operations and notify WCW in the manner set forth above.
All work done by the Contractor with respect to cleanup, removal, and remedial actions concerning the contaminated soils or materials shall be done according to law. All required notices shall be given by the Contractor to the County Environmental Health Hazard Materials Section and other appropriate governmental agencies, including the State Department of Toxic Substances Control and the Regional Water Quality Control Board-San Francisco Bay Region, among others. The Contractor or any subcontractor doing such work on behalf of the Contractor shall have the appropriate certification, licenses, and permits prior to commencing any such cleanup, removal, and/or remedial work. WCW shall not be responsible for the negligence of or violation of any laws, rules, regulations, or ordinances by the Contractor or any of the Contractor's subcontractors, agents, consultants, employees, or representatives in doing such cleanup, removal, and remedial work.
If any of the cleanup, removal, containment, and remediation work substantially impacts upon the community, including, but not limited to, traffic, odor, and health issues, WCW reserves the right to direct that the manner of operations by the Contractor be revised accordingly to reduce or eliminate the adverse effects.
- STORM WATER POLLUTION PREVENTION - GENERAL —
Prevention - The Contractor shall prevent the pollution of storm drain systems and creeks on or near the construction project site(s) resulting from the construction operation. The Contractor shall keep pollution out of storm drains by reducing the possibility of accidental discharge of materials and wastes, by reducing erosion and sedimentation, and by any action as required. The Contractor shall train all employees and subcontractors on the storm water pollution prevention requirements contained in these Specifications and ensure that all employees and subcontractors are aware of the consequences as described in subsection A.3. below. The Contractor shall include appropriate subcontract provisions to ensure that these requirements are met by all subcontractors.
Notification - If the Contractor causes or permits the spillage or overflow of any sewage, oil, or petroleum product, hazardous substance, contaminant, or waste that may result in the fluid or substance being discharged directly or indirectly into any storm drains, creeks, wetlands, or other manmade or natural waterways the Contractor shall notify WCW as soon as possible to the extent notification can be provided without substantially impeding cleanup or other emergency measures. In no event shall such notification be later than one hour after knowledge of the occurrence.
Cleanup - Immediately upon gaining knowledge of such spillage, overflow, or discharge, the Contractor shall eliminate the cause of the spillage, overflow, or discharge and take action to minimize any damages. The Contractor shall also immediately implement a cleanup program. The cleanup, including sampling and testing required by regulatory agencies to determine the nature and level of contamination shall be performed and completed to the satisfaction of the various regulatory agencies involved and WCW, at the expense of the Contractor. Any fines, penalties, and/or subsequent actions imposed upon WCW and/or the Contractor by regulatory agencies related to the spillage, overflow, or discharge and any subsequent monitoring, testing, and reporting, as required by regulatory agencies, shall also be at the expense of the Contractor. The Contractor shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on site. The quantity of cleanup materials shall be appropriate in consideration of the risk of an occurrence of a spill, overflow or discharge.
- Management of Nonhazardous Material and/or Waste —
Designated Area - The Contractor shall propose designated areas of the project site, for approval by the Engineer, suitable for material delivery, storage, and waste collection that to the maximum extent practicable are near construction entrances and away from catch basins, gutters, drainage courses, and creeks.
Backfill or Excavated Material - The Contractor shall not allow backfill or excavated material to enter the storm drains or creeks. When rain is forecast within 24 hours or during wet weather, the Contractor may be required to cover such material with a tarpaulin and to surround the material with sand bags.
Street Sweeping - At least once per week or more frequently as directed by the Engineer, the Contractor shall clean and sweep roadways and on-site paved areas of all materials attributed to or involved in the work. The Contractor shall not use water to flush down streets in place of street sweeping.
Disposal - At the end of each working day, the Contractor shall collect all scrap, debris, and waste material, and dispose of such materials properly. The materials may be stored in the Contractor’s yard in stockpiles or placed in dumpsters. The Contractor shall inspect dumpsters for leaks and replace or repair dumpsters that leak. The Contractor shall not discharge water from cleaning dumpsters on site. The Contractor shall arrange for regular waste collection before dumpsters overflow.
- Management of Hazardous Material and/or Waste —
Storage - The Contractor shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels, and all hazardous wastes, such as waste oil and antifreeze in accordance with all applicable state and federal regulations. The Contractor shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations. All such materials and wastes shall be covered, as needed, to avoid rainwater becoming polluted with hazardous constituents which could result in potential management of collected rain water as a hazardous waste. The Contractor shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on site.
Usage - When rain is forecast within 24 hours or during wet weather, the Contractor shall refrain from applying chemicals in outside areas. The Contractor shall follow material manufacturer's instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. The Contractor shall post warning signs in areas treated with chemicals.
Disposal - The Contractor shall arrange for regular hazardous waste collection to comply with time limits on storage of hazardous wastes. The Contractor shall dispose of hazardous waste in accordance with Article GC-56, Contaminated Soil/Materials. The Contractor shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. The Contractor shall report any hazardous materials spill to WCW in accordance with Section A.2 above.
- Vehicle/Equipment Cleaning, Maintenance, and Fueling —
General - The Contractor shall inspect vehicles and equipment arriving on site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.
The Contractor shall comply with federal, state, and city requirements for aboveground storage tanks.
Cleaning - The Contractor shall perform vehicle or equipment cleaning with water only in a designated, bermed area that will not allow rinse water to run off site into streets, gutters, storm drains, or creeks. Soaps, solvents, degreasers, steam-cleaning equipment, or equivalent methods shall not be allowed.
Maintenance and Fueling - The Contractor shall perform maintenance and fueling of vehicles or equipment in areas that will not allow run-on of storm water or runoff of spills to storm drains and provide for confined clean-up. Examples are working in bermed areas or utilizing drip pans. The Contractor shall not contaminate the soils or groundwater with such maintenance and fueling activities.
The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured, and shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described in Section C.3 above.
- Dewatering Operations —
Sediment Control - The Contractor shall route water through a control measure, such as a sediment trap, sediment basin, or Baker tank, to remove settleable solids prior to discharge to the storm drain system. Straw bales shall be placed in front of storm drain inlets as required. Filtration of the water following the control measure may be required on a case-by-case basis. Approval of the control measure shall be obtained in advance from the Engineer. If the Engineer determines that the dewatering operation would not generate an appreciable amount of settleable solids, the control measure requirement above may be waived.
Contaminated Groundwater - If the project is within an area of known groundwater contamination or if contamination is found, water from dewatering operations shall be tested prior to discharge. If the water quality meets Regional Water Quality Control Board (RWQCB) standards, it may be discharged to a storm drain or creek. Otherwise, the water shall be hauled off site for proper disposal.
- Paving or Oiling Operations —
When rain is forecast within 24 hours or during wet weather, the Engineer may prevent the Contractor from paving or oiling the street. The Engineer may direct the Contractor to protect drainage courses by using control measures, such as earth dike, straw bale, and sand bag, to divert runoff or trap and filter sediment.
The Contractor shall prevent saw-cut slurry from entering catch basins and storm drains by limiting the area over which the slurry may spread.
The Contractor shall cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal.
The Contractor shall not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into gutters, storm drains, or creeks. The Contractor shall either collect the sand and return it to the stockpile or dispose of it in a trash container.
- Concrete, Grout, and Mortar Waste Management —
Concrete Truck/Equipment Washout - The Contractor shall not wash out concrete trucks or equipment into streets, gutters, storm drains, or creeks. The Contractor shall perform washout of concrete trucks or equipment off site or in a designated area on site where the water will flow onto dirt or into a temporary pit in a dirt area. The Contractor shall let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, the Contractor shall collect the wash water and remove it off site.
Exposed Aggregate Concrete Wash Water - The Contractor shall avoid creating runoff by draining water from washing of exposed aggregate concrete to a dirt area. If a suitable dirt area is not available, the Contractor shall filter the wash water through straw bales or equivalent material before discharging to a storm drain. The Contractor shall collect sweepings from exposed aggregate concrete for disposal.
- Paint Disposal and Clean-up —
Disposal of Unused Paint - The Contractor shall carefully use, store and dispose of paint, solvents, chemicals, and waste materials in compliance with all applicable state and federal regulations. The Contractor shall not dispose of paint to sanitary sewer systems or storm drains. The Contractor shall utilize other recycling and disposal services as follows:
“Recycling Centers” and “Waste Disposals” as may be listed in the yellow pages.
Local household hazardous waste facility if appropriate.
The Contractor may dispose of small amounts of leftover latex (water-based) paint by applying the paint to the surface of an item to be discarded and allowing it to dry thoroughly, then disposing of it in a dumpster.
The Contractor shall store these materials and conduct cleaning of painting equipment and tools in a designated area that will not allow run-on of storm water or runoff of spills. The Contractor shall not allow wash water from cleaning of painting equipment and tools into streets, gutters, storm drains, or creeks.
Disposal of Paint Clean-up Waste - The Contractor shall remove as much excess paint as possible from brushes, rollers, and equipment before starting cleanup.
The Contractor shall not discharge cleaning wastes from oil-based paints, buckets, brushes or tools to the sanitary sewer system. The Contractor shall retain a certified waste hauler to recycle or to dispose of cleaning wastes from oil-based paints at the Contractor’s expense.
The Contractor may discharge very small amounts of cleaning wastes from brushes, rollers, buckets, and tools contaminated with latex (water-based) paints to the sanitary sewer system provided they do not contain additives with pollutants of concern (e.g., mercury, tributyltin). Brushes, rollers, and tools containing latex paints may be washed over a sink with plenty of water. Buckets containing latex paints shall first be emptied into the original can or discarded as specified in "Disposal of Used Paint". Should excessive amounts of paint or solvent be found in the wastewater discharged, the Contractor may be subject to enforcement action by WCW in accordance with WCW Codes.
The Contractor shall not discharge any of these paint clean-up wastes to storm drains, streets, gutters, or creeks.
Waste Disposal - The Contractor shall dispose of waste thinner, solvent, and sludge from cleaning of equipment and tools as hazardous waste, as described in this solicitation document. The Contractor shall dispose of excess thinners, solvents, and oil- and water-based paint as hazardous waste.
- Contaminated Soil —
If the project is within an area of known soil contamination or evidence of soil contamination is found, the Contractor shall comply with the requirements of Article GC-56, Contaminated Soil/Materials.