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HomeMy WebLinkAboutRDA 03 DEMO BUILDING 05-05-97MAY 5, 1997 Inter-Com RDA NO. 3 5-5-97 TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY STAFF AUTHORITATION TO ADVERTISE FOR BIDS FOR DEMOLITION OF CASE SWAYNE BUILDING ~Yl '.tn 1994,~ 'Thb P~O~ is:~ be u~l f ~ n~~way far NewportAV~u& This action ~ ap~:the ~~f...~.~.~q_demolition ofthe, buEding ~ theprop~ and authon'z,e the ~~tfor bids for the worlc -'- ' :' 6" ' :-'.': . ' ' ~.'~-.'- -:-'~-:~' -' '~:7::'~~,~.-~ 'i')" ~ ".'.?.i':'?:-".':"~ .':'.: ~ '.:','-. :!,-- ~-. ,'-~ - ~ ' .... - . . _ - RECOMMENDATION: It is recommended the Redevelopment Agency adopt Resolution No. RDA 97-1, approving the specifications for the demolition of the building at 1021 East Edinger Avenue and authorizing the advertising of bids for the project. FISCAL IMPACT The project is fimded through tax increment collected in the South Central Redevelopment Plan. The 1996/97 budget includes $827,280 for fight-of-way, demolition and roadway design expenses. DISCUSSION The Redevelopment Agency's budget identified the extension of Newport Avenue from its terminus to Valencia Avenue, including new ramps to the northbound SR 55, as a capital improvement project (CIP No. 700131). Tax increment collected in the South Central Redevelopment Project Area over the last several years has been placed in reserve for this project. William A. Huston May 5, 1997 Page 2 The Redevelopment Agency acquired the property at 1021 East Edinger Avenue from the Case Swayne Company through friendly acquisition in 1994 as required right-of-way for the extension of Newport Avenue to Edinger Avenue. The project, as outlined in the specifications, includes the demolition of the building, the removal on the pole sign for the property (not the billboard owned by the Gannett Company), and removal of fencing on the property. Alternative bid items include removal of all surface improvemems, including the building slab and foundation and the parking lot and the fencing of the property for security purposes. Once the building is removed, Staffwill process a parcel map to create the Newport Avenue right-of- way delineation and to create two remnant pieces of property, one on either side of the Newport' Avenue fight-of-way. In the furore, staffwill propose to the Agency alternatives for the disposition of these remnant properties. Attached is Resolution RDA No. 97-1 approving the specifications for the demolition of the property and authorizing the City Clerk to advertise for bidsforxl~ project. Shingleton // Zimr~e/r. Christine Assistant City Manage~ · Redevelop~fient i 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28~ 1 2 3 4 5 ? RESOLUTION NO. RDA 97-1 o A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING THE SPECIFICATIONS FOR THE DEMOLITION OF THE BUILDING AT 1021 EAST EDINGER AVENUE AND AUTHORIZING THE ADVERTISEMENT FOR BIDS WHEREAS, it is the intention of the Tustin Community Redevelopment Agency to contract for the demolitiOn of the building at 1021 East Edinger Avenue; and WHEREAS, the Redevelopment Agency staff` has presented specifications for the demolition of said building; and NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the Redevelopment Agency staff'be and are hereby approved as the specifications for: '" Demolition '6f the warehouse building and clearance of'the-site, at-t:02t ..East. Edinger Avenue, CIP No. 70013 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications. PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency, held on the 5th day of May, 1997: Jeffery M. Thomas, Chairman ATTEST: Pamela Stoker, Recording Secretary TUSTIN COMMUNITY REDEVELOPMENT AGENCY ORANGE COUNTY, CALIFORNIA NOTICE TO CONTRACTORS PROPOSAL, CONTRACT AND SPECIFICATIONS FOR DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EDINGER AVENUE, TUSTIN, CALIFORNIA CIP NO. 700131 DEMO May 5, 1997 Tustin Community Redevelopment Agency 300 Centennial Way Tustin, CA 92780 (714) 573-3121 CONTENTS SECTION TITLE A NOTICE TO CONTRACTORS B PROPOSAL C CONTRACT D GENERAL CONDITIONS E SPECIAL CONDITIONS SUPPLEMENTAL DEMOLITION AND CLEARANCE SPECIFICATIONS SECTION A NOTICE TO CONTRACTORS SECTION A TUSTIN COMMUNITY REDEVELOPMENT AGENCY NOTICE TO CONTRACTORS SEALED PROPOSALS will be received at the office of the City Clerk, Tustin City Hall, 300 Centennial Way, Tustin, California 92780 until 10:00 a.m. on the 16th day of June, 1997, at which time they will be publicly opened and read, for performing work as follows: DEMOLITION OF WAKEHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the plans, specifications and contract documents for the above stated project. The work to be done hereunder consists of the following: Demolition and disposal of an approximately 59,200 square foot warehouse building and clearance of debris from the site. The demolition and removal of the existing foundation, building slab or parking lot is an option and requires a bid alternative. Plans, .specifications and proposal forms to be used for bidding on this project can only be obtained by prospective bidders at the office of the City Clerk, Tustin City Hall, 300 Centennial Way, Tustin, California 92780, upon payment of $15.00 per set or will be mailed out upon payment of $20.00 per set, which amounts are not refundable. In conformance with Section 37931 of the Government Code, all bids shall be presented under sealed cover on the proposal form provided and accompanied by bidder's security in the form of cash, cashier's check, certified check or bid bond issued by a surety company authorized to issue such bonds in the State of California. The security shall be for the amount not less than 10% of the amount of the bid. A bid shall not be considered, unless one of the forms of bidder's security is enclosed therewith. A Faithful Performance Bond in the amount of 100% and a Payment Bond in the amount of 100% in the form attached to the contract documents shall be provided. Said bonds.shall be issued by a surety company duly authorized to issue such bonds in the State of California. Prior to execution of contract, Contractor shall provide Agency with insurance certificate(s) on Agency form evidencing comprehensive general liability, property damage and workers' compensation insurance as prescribed in the contract, with a company rated Grade A or better and Class VII or better by the latest edition of BeSt's Key Rating Guide. A-1 Additionally, the contractor shall concurrently submit, with the bonds and insurance certificate(s), a certified copy of the most recent Certificate of Authority issued to the insurance and/or bonding companies by the California Insurance Commissioner. The Tustin Community Redevelopment Agency hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex or religion in any consideration leading to the award of contract. The Tustin Community Redevelopment Agency reserves the right to reject any or all bids, and/or to waive any informality on a bid. No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening thereof. Prior to bid opening bidder may withdraw his bid. Bids received after the bid opening time and date herein will be returned to bidder unopened. Pursuant to the California Public Contract Code, the contractor will be entitled to post approved securities with the Agency or an approved financial institution in order to have the Agency release funds retained by the Agency to insure performance to the contract. Every person submitting a bid must have a contractor's license for the work, in the classification of A, B or C21, at the time of making a bid. Further, it is a misdemeanor not to have a license at the time of the bid. (Business and ProfeSsions Code Section 7028.15(a). In the case of joint ventures, each person comprising the joint venture shall have a contractor's license at the time of the bid. (Business and Professions Code Section 7028.15(c). However, the joint venture itself must have a "joint venture license" not later than the time of the award of bid. (Business and Professions Code Section 7029.1). In the case of Agency contracts which involve federal funds, the contractor must be properly licensed at the time of award of the contract. (Public Contract Code Section 20103.5). A contractor who is not properly licensed will have his bid declared nonresponsive. (Business and Professions Code Section 7028.15(e). Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to., any appropriate disciplinary action by the Contractor's State License Board. (Public Contract Code Section 20103.5). Failure to comply with these license requirements may also result in a forfeiture of bidder's security. The Tustin Community Redevelopment Agency has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general preVailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each cram or type of work needed and a copy of the same is on file in the office of the Redevelopment Agency. Not less than said prevailing rates shall be paid the workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. A-2 The City of Tustin has implemented a 9/80 work schedule. This schedule means that City Hall Offices will be closed every other Friday. City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on the Friday City Hall remains open. The Contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday through Thursday and 7:00 a.m. to 4:00 p.m. on the Friday City offices are open, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Building Official, except in emergencies involving immediate hazard to persons or property. Ordered by the Tustin Community Redevelopment Agency on ,1997. Pamela Stoker, Recording Secretary PUBLISHED TUSTIN WEEKLY: A-3 SECTION B PROPOSAL SECTION B PROPOSAL TO THE TUST1N COMMUNITY REDEVELOPMENT AGENCY FOR DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO Name of Bidder: Business AddresS: Phone Number: The work to be dOne and referred to herein is in the City of Tustin and is to be constructed in accordance with the plans, specifications and contract annexed hereto and also in accordance with the latest edition of the "Standard Specifications for Public Works Construction". The work to be done is shown in the specifications entitled: DEMOLITION OF WAREHOUSE BUILDING AND CLEAKANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP NO. 700131 DEMO Said plans and specifications are on file in the office of the Redevelopment Program Manager, Tustin, California. TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY The undersigned, as bidder, declares that the only persons or parties interested in the proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of the contract, and the specifications therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the Tustin Community Redevelopment Agency, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Redevelopment Program Manager as therein set forth, and that he will take full payment therefore at the following unit prices, to-wit: B-1 PROPOSAL FOR DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO TUSTIN COMMUNI~ REDEVELOPMENT AGENCY ITEM APPROXIMATE UNIT TOTAL NO. CONTRACT ITEM DESCRIPTION QUANTITY PRICE PRICE 1. Mobilization Lump Sum 2. Demolition of warehouse building Lump Sum 3. Disposal of demolition debris Lump Sum 4. Clear non-improved areas Lump Sum 5. Removal of Pole Sign Lump Sum 6. Cap sewer lateral Lump Sum 7. Cap water service Lump Sum 8. Cap gas service Lump Sum 9. Removal of Existing Site Fencing Lump Sum TOTAL BID $ ALTERNATIVE BID 1 ITEM APPROXIMATE UNIT TOTAL NO. CONTRACT ITEM DESCRIPTION QUANTITY PRICE PRICE 1. Removal of paving, slabs and other Lump Sum surface improvements TOTAL ALTERNATIVE BID 1 $ B-2 ALTERNATIVE BID 2 ~ ITEM APPROXIMATE UNIT TOTAL NO. CONTRACT ITEM DESCRIPTION QUANTITY PRICE PRICE 1. Removal of approximately 575 L.F of Site LUMP SUM Fencing 2. Repair of approximately 175 L.F. of LUMP SUM existing fence and two gates 3. Installation of new property line fence 2,100 L.F TOTAL ALTERNATIVE BID 2 $ The undersigned understands that the foregoing quantities are approximate only, being given as a basis for the comparison of bids and the Tustin Community Redevelopment Agency does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable and in the best interests of the City by the Redevelopment Program Manager. In case of discrepancy between the unit price and the total' amount for a contract item, the unit price shall prevail. The basis for determining the low bid shall be by correctly multiplying the number of units by the unit price bid to calculate a total amount for each contract item and obtaining a total bid by correctly adding together all contract item total amounts. If a unit price is not legible or is missing, the total amount for the contract item shall be divided by the approximate quantity of units to arrive at the unit price bid. If both the unit price and total amount for a contract item are left blank, then the entire bid shall be rejected. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two bonds in the amounts required, with surety satisfactory to the Tustin Community Redevelopment Agency, and the required Certificate of Insurance within ten days, not including Saturdays, Sundays and legal holidays, after the date of the Notice of Award from the Redevelopment Program Manager, the Tustin Community Redevelopment Agency may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Tustin Community Redevelopment Agency. The undersigned bidder hereby acknowledges that he/she understands the bonding requirements of the Tustin Community Redevelopment Agency which, per City of Tustin Code, states that the surety company must be duly authorized to issue such bonds in the State of California, and Certificate of Insurance must be issued by a company rated Grade A and Class VII, or better in the latest edition of Best's Key Rating Guide. ACCOMPANYING THIS PROPOSAL IS (NOTICE: Insert the words "Cash ($ ' )", "Cashier's Check", "Certified Check", or "Bidder's Bond", as the case may be in the mount equal to at least ten percent of the total bid.) B-3 The names of all persons in. .sted in the foregoing proposal as pt, ./als are as follows: IMPORTANT NOTICE: If the bidder or other interested person is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager thereof; if a co-pannership, state true name of firm and names of all individual co-panners composing firm; if the bidder or other interested person is an individual, state first and last names in full. Signed: Title: Date: NOTE: If the bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the bidder is a co-partnership the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if the bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a co-partnership, a Power of Attorney must be on file with the Tustin Community Redevelopment Agency prior to the opening of bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address B-4 Bidder shall list the name ~, ,ddress of the place of business of~ ,subcontractor required to be listed by the provisions ih Section 2-3 "Subcontractor" of the Standard Specifications to whom the Bidder proposes to subcontract portions of the work. LIST OF SUBCONTRACTORS Name of Subcontractor Address of Place of Business Work to be done by Subcontractor B-5 REFERENCES The following are the names, addresses, and phone numbers for three public agencies for which BIDDER has performed similar work within the past five (5) years. B-6 BID BOND TUSTIN COMMUNITY REDEVELOPMENT AGENCY STATE OF CALIFORNIA KNOWN ALL MEN BY THESE PRESENTS, that we, as PRINCIPAL, and as SURETY, are held and firmly bound unto the Tustin Community Redevelopment Agency, hereinafter called the AGENCY, in the penal SUM OF TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the Tustin Community Redevelopment Agency for the work described below, for the payment of which sum in lawfixl money of the United States, well and truly to be made, we bind ourselves, our heirs, executors administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above-mentioned bid to the Tustin Community Redevelopment Agency for certain construction specifically described as follows, for which bids are to opened at Tustin, California: at~ p.m. on ,1997 for the: DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO NOW, THEREFORE, if the aforesaid Principal is awarded the contract; and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and fries two bonds satisfactory to the Agency, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. B-7 In the event suit is brougL. on this bond by the Obligee and ju :nt is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be frxed by the court. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this day of ,19~ .(Seal) (Seal) Principal (Seal) (Seal) (Seal) Surety (Seal) ADDRESS: NOTE: Signatures of those executing for the surety must be properly acknowledged. (Use copy of blank form provided in this section.) B-8 ~ ~NON-COLLUSION AFFIDAVIT~ ~ TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY: The undersigned in submitting this proposal for performing, by contract, the work required by these bid documents, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this contract. Signed Title: Firm Name: Note: Non-Collusion Affidavit to be submitted with Proposal. Attach proper notary acknowledgment for signature of authorized person. (Use copy of blank form provided in this section.) B-9 Ct. RACTOR'S LICENSE DECLARA q (Business and Professions Code Section 7028.15) The undersigned declares that he or she is: (Party making foregoing bid) of (hereinafter the "Bidder") 1. Bidder's Contractors License Number is as follows: · Classification: 2. The expiration date of Bidder's Contractor's License is ,19 o Bidder acknowledges that Section 7028.15(a) of the Business and Professions Code provides as follows: "It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except" as provided in the referenced section. Executed on ,19~, at (Insert City & State where declaration is signed) Signature Typed Name Title Name of Bidder THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH THE PROPOSAL (EXCEPT FOR FEDERALLY-FUNDED STATE PROJECTS) B-10 SECTION C CONTRACT SECTION C CONTRACT FOR DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO This agreement, made and ,19 hereinafter called AGENCY, and called Contractor. concluded, in triplicate, this day of , between the Tustin Community Redevelopment Agency, hereinafter ARTICLE I. Witnesseth, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Agency, and under the conditions expressed in the two bonds, bearing date with these presents and hereunto annexed, the Contractor agreed with Agency, at his own proper cost and expense, to do all the work and furnish all the materials necessary to construct and complete in good workmanlike and substantial manner and to the satisfaction of the Agency, in accordance with the plans specifications entitled: DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO which said plans and specifications are hereby specifically referred to and by such references made a part hereof. Said specifications are on file in the office of the Tustin Community Redevelopment Agency. ARTICLE II. Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Agency, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the specifications, and the requirements of the Agency under them. C-1 CONTRACT FOR DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO TUSTIN COMMUNITY REDEVELOPMENT AGENCY ITEM APPROXIMATE UNIT TOTAL NO. CONTRACT ITEM DESCRIPTION QUANTITY PRICE PRICE 1. Mobilization Lump SuTM 2. Demolition of warehouse building Lump Sum 3. Disposal of demolition debris Lump Sum 4. Clear non-improved areas Lump Sum 5. Removal of Pole Sign Lump Sum 6. Cap sewer lateral Lump Sum 7. Cap water service Lump Sum 8. Cap gas service Lump Sum 9. Removal of Existinl~ Site Fencing Lump Sum TOTAL BID. $ ALTERNATIVE BID 1 ITEM APPROXIMATE U-NIT TOTAL NO. CONTRACT ITEM DESCRIPTION QUANTITY PRICE PRICE 1. Removal of paVing, slabs and other Lump Sum surface improvements TOTAL ALTERNATIVE BID 1 $ C-2 ALTERNATIVE BID 2 ITEM APPROXIMATE UNIT TOTAL NO. CONTRACT ITEM DESCRIPTION QUANTITY PRICE PRICE 1. Removal of approximately 575 L.F of Site LUMP SUM Fencing 2. Repair of approximately 175 L.F. of LUMP SUM existing fence and two gates 3. Installation of new property line fence 2,100 L.F TOTAL ALTERNATIVE BID 2 $ ARTICLE III. Agency hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE V. 1. The TUSTIN COMMUNITY REDEVELOPMENT AGENCY has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains' copies thereof in the office of the Agency. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. 2. The Contractor shall, as a penalty to the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor of Contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. Section 1773.5 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. C-3 4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more and under such circumstances, Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code §1777.5 for all apprenticeable occupations on the project. A Contractor or subcontractor who violates Section 1777.5 shall forfeit to the Tustin Community Redevelopment Agency, as a civil penalty, the sum of Fifty Dollars ($50.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the Labor Code, upon receipt of a determination that a civil penalty has been imposed, the Tustin Community Redevelopment Agency shall withhold the amOunt of the civil penalty from contract progress payments then due or to become due. Any funds withheld by the Agency pursuant to this section shall be deposited in the General Fund of the Agency. 5. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the Labor Code of the State of California, the Contractor shall, as a penalty to the Tustin Community Redevelopment Agency, forfeit twenty-five Dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 'of Division 2 of the Labor Code of the State of California. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public work. 6. Contractor agrees to keep accurate payroll records showing .the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per'diem wages paid to each journeyman, apprentice or worker employed by him in connection 'with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq., in general. 7. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI. The Contractor shall defend and indemnify and save harmless the Tustin Community Redevelopment Agency and the City of Tustin and their respective officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account C-4 of, injuries to or death of any person including, but not limited to, workers and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the Tustin Community Redevelopment Agency and/or the City of Tustin, their respective officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of the Tustin Community Redevelopment Agency and/or the City of Tustin. The defense and indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the Tustin Community Redevelopment Agency, the City of Tustin and their respective employees, officers or agents with respect to such claim or suit and Contractor will, if requested by Tustin Community Redevelopment Agency and/or the City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the Tustin COmmunity Redevelopment Agency may be retained by the Agency until disposition has been made of such claims for damages as aforesaid. ARTICLE VII. The Contractor shall take out and maintain during the life of the contract comprehensive automobile and general liability insurance that provides protection from claims which may arise from operations or performance under this contract. The amount of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $1,000,000.00. The following endorsements must be indicated on all certificates of insurance: lo The Tustin Community Redevelopment Agency, the City of Tustin, their respective elective and appointive boards, officers agents and employees named as additional insureds in the policy as to the work being performed under the contract; . The cOverage is primary and no other insurance carried by the Tustin Community Redevelopment Agency and/or the City of Tustin will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; C-5 4, . . . o . 10. The policy limits or liability are provided on an occurrence basis: The policy covers broad form proPerty damage liability; The policy covers personal injury as well as bodily injury liability; The policy covers explosion, collapse and underground hazards; The policy covers products and completed operations; The policy covers use of non-owned automobiles; and The .coverage shall not be canceled nor materially altered unless thirty (30) days' written notice is first given to the Tustin Community Redevelopment Agency. Prior to Agency's execution of the contract, Contractor shall provide Agency with insurance certificate(s) evidencing the insurance described above on Agency's form by admitted sureties rated Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. ARTICLE VIII. A faithful performance bond in the amount of 100% of the contract amount and a payment bond in the amount of 100% of the contract amount in the form attached hereto, issued by an admitted sureties shall be provided prior to the Agency's execution of the contract. ARTICLE IX The contract documents consist of the Notice to Contractors, proposal, Construction Contract, general Conditions, Special Conditions , all bonds and insurance certificates, the Standard Specifications and Uniform Codes listed on Page D-4 of the General Conditions, the specifications and the Supplemental Demolition and Clearance Specifications. In Witness Whereofi the parties have hereunto set their hands and seals the year and date first above written. TUSTIN COMMUNITY REDEVELOPMENT AGENCY (SE/ L) BY: Chair Tustin Community Redevelopment Agency C-6 ATTEST: Recording Secretary Tustin Community Redevelopment Agency CONTRACT AND BOND APPROVED: Agency Counsel Date APPROVED AS TO CONTENT: Date Redevelopment Program Manager CONTRACTOR Firm Name: (SEAL) BY: TITLE: ATrACH PROPER NOTARY ACKNOWLEDGMENT FOR SIGNATURES OF AUTHORIZED PERSON(S). (Use copy of blank form provided in Section B). ~C-7 Bond No. Amount Premium TUSTIN COMMUNITY REDEVELOPMENT AGENCY PUBLIC CONTRACT FAITHF[~ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That , as and hereinafter referred to collectively as "Principal", and a corporation organized and existing under the laws of the State of , and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and frrmly bound unto the Tustin Commtmity Redevelopment Agency hereinafter referred to as the "AGENCY", in the sum of $ for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a comract dated ., 19 , with Agency to do and perform the following, generally described work, which is more particularly described in said contract for the construction of: DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO WHEREAS, all of such improvements are to be constructed and installed in accordance with the plans and specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete the construction and installation of such improvements as provided in said contract; and NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract and all obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby C-8 waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and PROVIDED FURTHER, that in case suit is brought upon this bond by the Agency or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of ,19 (SEAL) SURETY: BY: (NAME) BY: Attorney-in-Fact Address of Surety: APPROVED AS TO FORM: Agency Counsel PRINCIPAL: BY: (SEAL) TITLE: (NAME) Address of Principal: C:9 APPROVED AS TO CONTENT Date Redevelopment Program Manager Note: Attach proper acknowledgment for both Surety & Principal. (Use copies of blank form provided in Section B). C-10 EXECUTED IN TRIPLICATE Bond No. Amount Premium CITY OF TUSTIN PUBLIC CONTRACT PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That ! as and hereinafter referred to collectively as "Principal", and ! a corporation organized and existing under the laws of the State of , and duly authorized to transact surety business in the State of California, as and hereinafter referred to as "Surety", are held and firmly bound unto the City of Tustin, hereinafter referred to as the "City", in the sum of $ for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated ,19 , with the City to do and perform the following generally described work, which is more particularly described in said contract for the construction of: WHEREAS, Principal shall commence and complete the construction and installation of such improvements provided in said contract; and : NOW THEREFORE, if Principal shall pay the contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of such improvements and submit amounts due under the State Unemployment Insurance Act with respect to such labor, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting equipment or furnishing labor or materials to them for such improvements for the full cost of such improvements, or if Principal fails to submit amounts due under the State Unemployment Insurance Act with respect to such labor, then Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons named in Civil Code section 3181. PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond. and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and C-11 PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person named in Civil Code section 3181 who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of , 19 . SURE'FY: (NAME) (Seal) BY: Attorney-in-Fact BY: Address of Surety: APPROVED AS TO FORM: City Attorney PRINCIPAL: (NAME) BY: (Seal) TITLE: Address of Principal: APPROVED AS TO CONTENT: City Engineer Date: NOTE: Attach proper acknowledgements for both Surety & Principal. (Use copies of blank form provided in Section B.) 110O-OOO28 7150_1 C-12, COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the Agency prior to performing any work on the contract: I am aware of the provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee." CONTRACTOR: BY' TITLE' COMPENSATION INSURANCE CERTIFICATE TO BE SUBMITTED WITH CONTRACT C-13 TO: CITY OF TUSTIN AND TUSTIN COMMUNITY REDEVF' MENT AGENCY CERTIFICATE OF ~RANCE AND DESIGNATION OF NAI% ,DDITIONAL INSURED NO MODIFICATIONS OR ADDITIONS MA Y BE MADE TO THIS FORM CITY OF TUSTIN and TUSTIN COMMUNITY REDEVELOPMENT AGENCY PROJECT: P.O. Box 3539 Tustin, CA 92681-3539 NAME AND ADDRESS OF INSURED CONTRACTOR: NAME AND ADDRESS OF INSURANCE AGENCY: COMPANIES AFFORDING COVERAGE Company Letter A: Company Letter B: Company Letter C: Company Letter D: __ Company Letter E: Company Letter F: This is to certify that the policies of insurance listed below have been issued to the insured name above, are in force at this time, that the City of Tustin and the Tustin Community Redevelopment Agency are named additional insureds thereon as respects claims adsing in connection with the hereinabove-named Project and that such insurance shall be primary with respect to any other insurance in force procured by either the City of Tustin or the Tustin Community Redevelopment Agency. Type of Insurance GENERAL LIABILITY [ ] Commercial General Liability [ ] Occurrence Basis [ ] Owner's & Contractors' Protective [ ] Broad Form Prop. Damage [ ] Explosion, Collapse, Underground Hazards AUTOMOBILE LIABILITY [ ] Any Auto [ ] All Owned Autos [ ] Scheduled Autos [ ] Hired Autos [ ] Non-Owned Autos [ ] Garage Liability EXCESS LIABILITY [ ] Umbrella Form [ ] Other than Umbrella Form WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY Policy Number Policy Policy Effect~e Date Expiration Date All Limits In Thousands General Aggregate $_ Prods-Comp/Ops Agg. $ Pers. & Advg. Injury $ Each Occurrence $ Fire Damage (Any One Fire) $_ Medical Expense (Any One Person) CSL Bodily Injury (Per Person) $ $ $ $ $ AGGREGATE $ Bodily Injury (Per Occurrence) Property EACH OCCURRENCE $ STATUTORY $ Each Accident Disease-Policy Limit $ Disease-E~ OTHER Description of Operations/Locations/Vehicles/Special Items: It is certified that a waiver of subrogation is hereby to the City'of Tustin and the Tustin Community Redevelopment Agency as pertains to the terms of all Workers Compensation insurance. 'The Issuing company will give thirty (30) days Written notice to the City of Tustin and the Tustin Community Redevelopment Agency prior to modification or cancellation. DATE ISSUED: Authorized Representative of the above-named insurance company(ies) SECTION D GENERAL CONDITIONS SECTION D GENERAL CONDITIONS DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO TABLE OF CONTENTS INTRODUCTION SECTION 1 - TERMS AND DEFINITIONS 1 - 1 Definitions 1-2 Terms SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 2-2 2-3 2-4. 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Award and Execution of Contract Irregular Proposals Disqualification of Bidders Interpretation of Plans and Documents Assignment Scope of Work Changes in the Work Removal of Obstructions Utilities Final Clean-up Repairs and Replacement SECTION 3 - QUALITY OF THE WORK 3-1 3-2 3-3 3-4 3-5 3-6 3-7 3-8 3-9 3-10 3-11 Authority of the Agency Plans and Supplemental Drawings Conformity with Contract Documents and Allowable Deviations Coordination of Contract Documents Interpretation of Contract Documents Errors or Discrepancies Noted by Contractor SuperintendenCe Inspection Removal of Defective and Unauthorized Work Equipment and Plants Shop Drawings Pages D-4 D-4 D-6 D-6 D-7 D-7 D-7 D-8 D-8 D-8 D-9 D-9 D-II D-II D-II D-II D-12 D-12 D-12 D-12 D-13 D-13 D-14 D-14 D-15 D-1 3-12 3-13 3-14 3-15 3-16 3-17 Standards, Codes, Specifications, and Tests Duality and Safety of Materials and Equipment Material Sources, Samples, and Tests Defective Materials Storage of Materials Guarantees D-15 D-16 D-16 D-17 D-17 D-17 SECTION 4 - (NOTAPPLICABLE) SECTION 5 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK 5-1 5-2 5-3 5-4 5-5 5-6 5-7 5-8 5-9 Subcontractors Assignment Contractor's Construction Progress Schedule Time for Completion and Forfeiture Due to Delay Extension of Time Use of Completed Portions Notice to Proceed Prerequisites to Substantial Completion Prerequisites to Final Acceptance D-18 D-19 D-20 D-20 D-21 D-21 D-21 D-22 D-23 SECTION 6 - LEGAL RELATIONS AND RESPONSIBILITIES 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 6-11 6-12 6-13 6-14 6-15 6-16 6-17 6-18 6-19 6-20 6-21 6-22 Observing Laws and Ordinances Permits and License Patents Public Convenience and Safety Responsibility for Damage Contractor's Responsibility for the Work Preservation of Property Excavation Plans for Worker Protection Safety Personal Liability Indemnity Hours of Labor Prevailing Wage Travel and Subsistence Payments Apprentices Labor Discrimination Warranty o f Title Property Rights in Materials Mutual Responsibility of Contractors Termination for Breach Notice and Service Thereof Emergencies D-24 D-24 D-24 D-24 D-26 D-27 D-27 D-28 D-28 D-29 D-29 D-30 D-30 D-31 D-31 D-31 D-31 D-32' D-33 D-33 D-34 D-34 D-2 6-23 Drug Free Workplace Policy D-35 SECTION 7 - CONTRACTOR'S INSURANCE AND BONDS 7-1 7-2 7-3 7-4 7-5 General Workers' Compensation Insurance Comprehensive General Liability Insurance Builder's Risk "All-Risk" Insurance Contract Bonds D-35 D-36 D-36 D-37 D-37 SECTION 8 - ESTIMATES AND PAYMENTS 8-1 8-2 8-3 8-4 Payment for Changes in the Work D-37 Progress Payments D-38 Final Estimate and Payment D-39 Agency's Right to Withhold Certain Amount and Make Application Thereof D-39 D-3 INTRODUCTION All work shall conform to the requirements of the 1991 Uniform Administrative Code, the 1994 Uniform Building Code, the 1993 National Electrical Code, the 1994 Uniform Mechanical Code, the 1994 Uniform Plumbing Code, the latest edition of the Standard Specifications for Public Works Construction, and the most recent Agency amendments to the foregoing codes and specifications. The Standard Specifications for Public Works Construction will control the general provisions, construction materials, and construction methods for the Contract except as amended by the Plans and Specifications, these General Conditions or, as specified, other Contract Documents. In the case of conflict between the Standard Specifications for Public Works Construction and these General Conditions, these General Conditions shall take precedence over, and be used in lieu of the conflicting portion. SECTION 1 - TERMS AND DEFINITIONS 1 - 1 DEFINITIONS Whenever the following terms occur in the Contract Documents, the meaning shall be interpreted as follows: ACCEPTANCE, FINAL ACCEPTANCE - The formal action by the Agency accepting the work as being complete per General Conditions Section 5-9. ACCEPTED BID- The bid (Proposal) accepted by the Agency. AGENCY: Tustin Community Redevelopment Agency BOARD - Tustin Community Redevelopment Agency Board of Directors. BIDDER - Any individual, partnership, corporation, limited liability company, joint venture, or combination thereof submitting a proposal for the work contemplated, acting directly or through an authorized representative. AGENCY ENGINEER - The Engineer is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer, the Architect, or their authorized representative. AGENCY'S REPRESENTATIVE - The person or engineering/ architectural firm authorized by the Agency to represent it during the performance of the work by the Contractor and until final acceptance. The Agency's Representative is referred to D-4 throughout the Contract Documents as if singular in number and masculine in gender. The Agency's Representative means the Agency's Representatives or assistants. CONTRACT - The ,written agreement executed between the Agency and the Contractor coveting the performance of the work. CONTRACT DOCUMENTS - The Contract Documents consist of the Notice to Contractors, Proposal, Construction Contract, General Conditions, all bonds and insurance certificates required, all Affidavits of Non-Collusion, the Standard Specifications and the Uniform Codes listed on page D-4 in the Introduction to these General Conditions, Specifications and the Supplemental Specifications.. CONTRACT CHANGE ORDERS - A written order to the Contractor signed by the Agency directing an addition, deletion, or. revision in the work, or an adjustment in the contract Price or the contract time, issued after the effective date of the contract. A change order may or may not also be signed by the Contractor CONTRACTOR - The individual, partnership, corporation, joint venture or combination thereof who has entered into the Contract with the Agency for the performance of the work. The Contractor is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Contractor" means the Contractor or authorized representative. LABORATORY - The laboratory authorized by the Agency or the Agency's Representative to test material and work involved in the project. SUBCONTRACTOR - An. individual, partnership, corporation, joint venture or combination thereof, who has a contract with the Contractor to perform any of the work or provide materials at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or authorized representative. Subcontractor also means an individual, partnership, corporation, or combination thereof, who has a contract with the Subcontractor to perform any of the work at the site. SPECIAL CONDITIONS - Additions, deletions, and changes to the General Conditions. SPECIFICATIONS - The Specifications are directions, guidelines, provisions and requirements of the technical aspects regarding the material and workmanship relative to the work to be done. STANDARD SPECIFICATIONS - The Specifications for Public Work Construction, current edition unless otherwise specified in the Supplemental Specifications. In case of conflict between the Standard Specifications and the Supplemental Specifications, .the Supplemental Specifications shall take precedence and be used D-5 STANDARD DRAWINGS, STANDARD PLANS - That portion of the plans identified as such. Also the Agency of Tustin Standard Drawings and Plans, current edition, unless otherwise specified in the Special Conditions or Supplemental Demolition and Clearnce Specifications. SUBSTANTIAL COMPLETION - The stage of the progress of the Work enabling the Agency's full, unrestricted use of the Work, and the Contractor's compliance with the prerequisites set forth in General Conditions Section 5-8. UTILITY - Public or private fixed works for the transportation of fluids, gases, power, signals, or communications. WORK - The term "Work" includes all labor necessary to produce the construction or improvement required by the Contract, and all materials and equipment incorporated in such construction improvements. 1-2 TERMS Wherever the terms "directed ", "required ", permitted ", "ordered ", "designated ", "prescribed", or terms of like import are used, it shall be understood that the direction, requirements, permission, order, designation, or~ prescription of the Agency's Representative is intended. Similarly, the terms "approved", "acceptable", "satisfactory", "or equal", or similar terms shall mean approved by or acceptable to or satisfactory to the Agency's Representative unless otherwise stated. The term "provide" shall be understood to mean furnish and install. SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency: Construction Contract Faithful Performance Bond Payment Bond City Certificate of Liability Insurance City Certificate of Worker's Compensation Insurance or State Fund form Failure to comply with the above will result in annulment of the award and forfeiture of the Bid Bond. The Contract shall not be considered binding upon the Agency until 'executed by the authorized Agency officials. D-6 2-2 2-3 2-4 The successful Bidder, prior to award of the Contract by the Agency, shall present his or her contractor's pocket license or certificate of licensure and provide a Contractor License Affidavit, signed, under penalty of perjury, swearing that the pocket license or certificate of licensure presented is current and valid, and is in a classification appropriate to the work to be undertaken. The Contractor License Affidavit is contained in Section B-I, Proposal. A corporation or limited liability company to which an award is made may be required, before the Contract is executed by the Agency, to furnish evidence ' of its corporate existence, of its right to enter into contracts in the State of California, and that the officers si~ing the contract and bonds for the corporation have the authority to do so. IRREGULAR PROPOSALS Unauthorized conditions, limitations, or provisions attached to a Proposal will render it irregular and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless Specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. DISQUALIFICATION OF BIDDERS In the event that any Bidder acting as a prime contractor has an interest in more than one Proposal, all such Proposals will be rejected, and the Bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one Bidder, and while doing so, may also submit a formal Proposal as a prime contractor. No Contract will be executed unless the Bidder is licensed in accordance with the provisions of the California Business and Professions Code. INTERPRETATION OF PLANS AND DOCUMENTS If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the Plans and specifications or other proposed Contract Documents, or finds discrepancies in, or omissions from, the Contract Documents, that person may submit to the Agency Engineer a written request for an interpretation or correction thereof. The person submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Agency Engineer will not be responsible for any other explanation or interpretations of the proposed documents. The Contractor shall save hmuless the Agency of Tustin from any loss or damage as a ~,esult of the Contractor's intentional failure to report any error, omission or conflicting procedure. D-7 2-5 ASSIGNMENT No portion of the Contract shall be sublet, assigned or otherwise disposed of except with the prior written permission of the Agency Engineer. Requests for permission to sublet, assign or otherwise dispose of any portion of the Contract shall be in writing, and accompanied by a resume showing that the organization which will perform the work is particularly experienced and equipped for such work. The Contractor shall give assurance that the wages paid for labor as required by the Contract Documents shall apply to labor performed on all work, sublet, assigned or otherwise disposed of in any way. Written consent to sublet, assign or otherwise dispose of any portion of the Contract shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the Contract. 2-6 SCOPE OF WORK The Work to be done consists of furnishing all labor, materials, methods or processes, implements, tools, and machinery which are required for or appurtenant to the construction and completion of the entire project designated in the Contract Documents, and to leave the grounds in a neat condition. Any work not shown in the Contract Documents but necessary to complete the work according to law and governmental codes and regulations shall be performed by the Contractor as if in the Contract Documents. 2-7 CHANGES IN THE WORK The Agency may require changes in, additions to, or deductions from the Work. Adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition, or deduction shall be determined as set forth in Section 8 of the General Conditions. The Agency's Representative may order minor changes in the work not inconsistent with the purposes for which the works are being constructed. Whether or not the Contractor believes that any order for minor changes in the work involves changes in the Contract amount or time for completion, the Contractor shall proceed with the minOr changes so ordered and shall within ten (10) calendar days of the receipt of such order notify the Agency's Representative in writing of the estimate.of the changes in the Contract amount and time for completion believed to be appropriate. In accordance with Section 7104 of the Public Contract Code, when digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the Agency's Representative, 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. D-8 2-8 2-9 (2) Subsurface or latent physical conditions at the site differing from those indicated. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The Agency shall promptly investigate the conditions; and, if it is found that conditions do materially differ, or do involve hazardous waste and cause a decrease or increase' in the Contractor's cost or time required for performance of any part of the Work, shall issue a change order under the procedures described herein. If the Agency determines that conditions do not materially differ or the Contractor's cost or performance of any part of the Work is not affected as a result of the above conditions, the Agency may direct the Contractor to proceed with all work to be performed under the Contract.' The Contractor shall not be excused from any scheduled completion date provided for by the Contract and shall retain any and all rights provided by the Contract or by law which pertain to the resolution of disputes and protests resulting from sUch direction. No payment for changes in the Work will be made and no change in the time for completion by reasons of changes in the Work will be made, unless the changes are covered by a written change order approved by the Agency in advance of the Contractor proceeding with the changed work. REMOVAL OF OBSTRUCTIONS The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character necessary to accommodate the Work. Where such obstructions consist of improvements not required by law to be removed by the Agency, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at its own expense. UTILITIES The Agency has endeavored to determine the existence of utilities at the site of the Work from the records of the owners of known utilities in the vicinity of the work. The search of the records of these utilities was made to verify the locations shown for underground utilities. The service connections to these utilities are not shown on the. Contract Documents. It shall be the responsibility of the Contractor to determine the exact locations and type of existing utilities, including service connections, prior to commencing work which could result in damage to such utilities. The Contractor shall immediately notify the Agency's Representative as to any utility discovered by the Contractor in a different position than shown on the Contract Documents or which is not shown on the Contract Documents. D-9 In case it should be necessary to remove, relocate, or temporarily maintain a utility because of interference with the work, the work on the utility shall be performed and paid for as follows: When it is necessary to remove, relocate, or temporarily maintain a service connection, the cost of which is not required to be borne by the owner thereof, the Contractor shall bear all expenses incidental to the work on the service connection. The Work on the service connection shall be done in a manner satisfactory to the owner thereof; it being understood that the owner of the service connection has the option of doing such work with their own forces, or permitting the work to be done by the Contractor. When it is necessary to remove, relocate or temporarily maintain a utility which is in the position shown on the Contract Documents, the cost of which is not required to be borne by the owner thereof, the Contractor shall bear all expenses incidental to the Work on the utility. The work on the utility shall be done in a manner satisfactory to the owner thereof; it being understood that the owner of the utility has the option of doing such work with their own forces, or permitting the Work to be done by the Contractor. When it is necessary to remove, relocate, or temporarily maintain a utility which is not shown on the plans or is in a position different from that shown on the plans and were it in the position shown on the plans would not need to be removed, relocated, or temporarily maintained, the cost of which is not required to be borne by the owner thereof, the Agency will make arrangements with the owner of the utility for such work to be done at no cost to the Contractor, or will require the Contractor to do such work in accordance with the Section 2-7 or'will make changes in the alignment and grade of the work to obviate the necessity to remove, relocate, or temporarily maintain the utility. Changes in alignment and grade will be ordered in accordance with Section 2-7. No representations are made that the obligations to move or temporarily maintain any utility and to pay the cost thereof is or is not required to be borne by the owner of such utility, and it shall be the responsibility of the Contractor to investigate to fred out whether or not said cost is required to be borne by the owner of the utility. The fight is reserved to governmental agencies and to owner of utilities to enter at any time upon any street, alley, right-of-way, or easement for the purpose of maintaining and making repairs to their property. The Contractor shall indemnify and hold the Agency, the Agency's Representative and the Agency Engineer harmless from civil or criminal penalties resulting from work relating to utilities. D-10 2-10 FINAL CLEAN-UP Upon completion and before making application for acceptance of the Work, the Contractor shall clean fights-of-way, streets, borrow pits, and all other grounds occupied in connection with the Work of all rubbish, excess materials, temporary structures,, and equipment, and all parts of the Work and grounds occupied shall be left in a neat and presentable condition. 2-11 REPAIRS AND REPLACEMENTS All damage done to existing improvements by the Contractor 'shall be repaired by the Contractor to the satisfaction of the Agency Engineer. Where sidewalks, curbs or gutters are to be repaired, the repairs shall be made by removing and replacing the damaged section back to the nearest scoring lines. SECTION 3 - QUALITY OF THE WORK 3-1 AUTHORITY OF THE AGENCY The Agency shall have the authority to give such general directions and exercise such control as may be necessary to ensure that work on the project is in strict compliance with the Contract Documents; to determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for; to determine all questions in relation to said Work and the construction thereof; and to decide in all cases every question which may arise relative to the fulfillment of this Contract on the pan of the Contractor. Should any discrepancy appear or any misunderstanding arise as to the meaning of anything contained in the Contract Documents, the matter shall be referred to the Agency Engineer, who shall decide the matter. Any differences or conflicts which may arise between Contractor and any other contractor also under the contract administration of the Agency Engineer shall be settled by the Agency Engineer. 3-2 PLANS AND SUPPLEMENTAL DRAWINGS The Contract Documents shall be supplemented by such drawings as are necessary to define the Work adequately. All drawings delivered to the Contractor by the Agency's Representative shall be deemed written instructions to the Contractor. Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intention of the Contract Documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the Work. Materials or work described in words which so applied has a well-known technical or trade meaning shall be deemed to refer to such recognized standards. The Agency shall furnish to the Contractor fi'ee of charge one (1) set of sepias and five (5) sets of prints of the Working Drawings and Project Manual reasonably necessary for the execution of the work. The Contractor shall provide any other copies of Contract D-Il 3-3 Documents at the Contractor's cost. The Contractor shall keep one set of Contract Documents in good order available to the Agency's Representative at the site of the Work. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE 3-4 3-5 3-6 DEVIATIONS The Work shall conform to the lines, grades, dimensions, tolerances, and material and equipment requirements shown on or set forth in the Contract Documents. Although measurement, sampling, and testing may be considered evidence as to such conformity, the Agency's Representative shall be the sole judge as to whether the work or materials deviate from the Contract Documents and decision as to any allowable deviations therefrom shall be final. If specific lines, grades, and dimensions are not shown on the Contract Documents, those furnished by the Agency's Representative shall govern. COORDINATION OF CONTRACT DOCUMENTS All Contract Documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative and to describe and provide, for the complete Work. In the event of an apparent difference between, or among Contract Documents, the matter shall be referred to the Agency's Representative whose decision thereon shall be final. More specific conditions shall take precedence over more general conditions. INTERPRETATION OF CONTRACT DOCUMENTS Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings asto shape and details of construction. Project Manual shall govern as to materials, workmanship, and installation procedures. Working Drawings and specifications calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, the matter shall be referred to the Agency's Representative whose decision thereon shall be final. ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR If the Contractor, either before commencing work or in the course of the Work, finds any discrepancy among the Contract Documents or between any of them and the physical conditions at the site of the Work or finds any error or omission in any of the Contract D-12 Documents or in any survey, the Agency's Representative shall be promptly notified of such discrepancy, error, or omission. If the Contractor observes that any Contract Documents are at variance with any applicable law, ordinance, regulation, order, or decree, the Agency's Representative shall be promptly notified in writing of such conflict. The Agency's Representative, on receipt of anY such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after his discovery of such an error, discrepancy, or conflict which is directly or indirectly affected by such error, discrepancy, or conflict will be at his own risk and he shall bear all cost arising therefrom. 3-7 SUPERINTENDENCE The Contractor shall provide competent supervision of the work. Unless personally present on the premises where the work is done, the Contractor shall designate an authorized representative who shall have the authority to represent and act for the Contractor, and any written or verbal directions or requests of the Agency's Representative delivered to such Superintendent shall have the same force and effect as if delivered to the Contractor. Said authorized Superintendent shall be present at the site of the Work at all times while work is.actually in progress on the Contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Agency's Representative shall be made for any emergency work which may be required. Whenever the Contractor or Superintendent is not present at a particular location where the Agency desires to give direction, orders will be given by the Agency's Representative which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. The Agency reserves the right to approve the Contractor's Superintendent. Once approved, the Superintendent shall remain on the project for the duration of the project so long as the Superintendent is in the employment of the Contractor. The Superintendent must be able to communicate adequately in the English language. 3-8 INSPECTION The Agency's Representative shall at all times have access to the Work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the Work. Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Agency's Representative so that inspection may be D-13 3-9 3-10 provided. Any work done in the absence of the Agency's Representative will be subject to rejection. All installations which are to be backfilled or otherwise covered shall be inspected by the Agency's Representative prior to backfilling or coveting, and the Contractor shall give due notice in advance of backfilling or coveting to the Agency's Representative so that inspection may be provided. The inspection of the Work shall not relieve the Contractor of any obligations to fulfill the Contract as prescribed. Defective work shall be made good including replacing any unsuitable materials and equipment that may have been previously inspected by the Agency's Representative and/or that payment therefor has been included in an estimate for payment. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK All the Work which has been rejected shall be remedied or removed and replaced by the Contractor in an acceptable 'manner, and no compensation will be allowed for such removal, replacement' or remedial work. Any work done beyond the lines and grades shown on the plans or established by the Agency's Representative or any changes in, additions to, or deductions from the Work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered remedied, removed, or replaced at the Contractor's sole expense. Upon failure on the part of the Contractor to comply promptly with any order of the Agency's Representative made under the provisions of this article, the Agency's Representative shall have authority to cause rejected work or unauthorized work to be remedied, removed or replaced and to deduct the costs from any monies due or to become due the Contractor. EQUIPMENT AND PLANTS Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the project. Such equipment and plants shall be maintained in a good state of repair during the process of the work. No obsolete or badly worn equipment and plants shall be used. Manufacturer's ratings shall be met or exceeded. Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to ensure the production of sufficient material to carry to completion within the time limit specified in the Contract. The Contractor, when ordered by the Agency's Representative, shall remove unsuitable equipment from the Work and shall discontinue the operation of unsatisfactory plants. D-14 3- 11 SHOP DRAWINGS Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier, or distributor and which illustrate some portion of the Work. The Contractor shall review, stamp with approval, and submit for review by the Agency's Representative, shop drawings as called' for in the Contract Documents or requested by the Agency's Representative and be accompanied by a letter of transmittal listing the drawings submitted. Drawings shall show the name of the project, the name of the Contractor, and, if any, the names of suppliers, manufacturers, and subcontractors. Shop drawings shall be submitted with promptness and in orderly sequence so as to Cause no delay in prosecution of the Work. Shop drawings shall be complete in all respects. If the shop drawings show any deviations from the requirements Of the Contract Documents because of standard shop practices or other reasons, the deviations and the reasons therefor shall be set forth in the letter of transmittal. By submitting shop drawings, the Contractor represents that materials, equipment, and other work shown thereon conforms to the Contract Documents, except for the deviations set forth in the letter of transmittal. A maximum of ten (10) calendar days after receipt of said drawings, the Agency's Representative will return two (2) prints of the drawings to the Contractor with comments noted thereon. If so noted by the Agency' s Representative, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall direct specific attention in the letter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the Agency's Representative on previous submittals. No portion of the Work requiring a shop drawing submittal shall be commenced tmtil the submittal has been reviewed by the Agency's Representative and returned to the Contractor with a notation indicating that resubmittal is not required. The review by the Agency's Representative is only of general conformance with the design concept of the project, and general compliance with the Contract Documents and shall not be construed as relieving the Contractor of the full responsibility for: providing materials, equipment, and work required by the Contract; the proper fitting and construction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of construction; and performing the Work in a safe manner. 3-12 STANDARDS, CODES, SPECIFICATIONS, AND TESTS Whenever reference is made to a standard, code, specification, or test and the designation representing the date of adoption or latest revision thereof is omitted, it shall mean the D-15 3-13 3-14 latest revision of such standard, code, specification or test in effect on the date of the Notice of Inviting Bids. DUALITY AND SAFETY OF MATERIALS AND EQUIPMENT All equipment, materials, and supplies to be incorporated in the Work shall be new, tmless otherwise specified. When the quality of a material, process, or article is not specifically set forth in the Contract Documents, the best quality material, process, or article shall be provided. Except when specifically noted otherwise, when any material, process, or article is indicated or specified by grade, patent or proprietary name, or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the materials, process, or articles desired and shall be deemed to be followed by the words "or accepted equal", and the Contractor may offer any material, process, or article which shall be substantially equal or better in every respect to that so indicated or specified; provided, however, that if the material, process, or article offered by the contractor is not, in the opinion of the Agency's Representative, equal or better thereof in every respect to that specified, then the Contractor must furnish the material, process, or article specified or one that in the opinion of the Agency's Representative is the substantial equal or better thereof in every respect. In the event that the Contractor furnishes material, process, or article more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by the Contractor. In accordance with Section 3400 of the California Public Contract Code, the Contractor shall submit data substantiating requests for substitution of "equal items within thirty-six (36) calendar days after award of the contract. This thirty-six (36) day period of time is included in the number of days allowed for the completion of the Work. The Contractor shall bear any cost of evaluating and testing articles or materials requested to be substituted. All materials, equipment, and supplies provided shall, without additional charge to Agency, fully conform with all applicable State and Federal safety laws, rules and regulations, and orders, and it shall be Contractor's responsibility to provide only such materials, equipment, and supplies as specified, notwithstanding any omission in the Contract Documents. MATERIAL SOURCES, SAMPLES, AND TESTS The Contractor shall furnish the Agency's Representative with a list of sources of materials in sufficient time to permit proper inspecting and testing of materials to be furnished for such listed sources in advance of their use. The Contractor shall furnish without charge such samples as may be required. Inspection and tests will be made by the Agency's Representative or designated representative, but it is understood that such inspections and tests, if made at any point other than the point of incorporation in the Work, in no way shall be considered as D-16 3-15 3-16 3-17 guarantee of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspection and tests have been made. Tests of materials shall be made in accordance with commonly recognized procedures of technical organizations and such special procedures as prescribed in the Contract Documents. Materials shall be sampled and tested at such times during the process of the Work as deemed desirable by the Agency's Representative and the Contractor shall cooperate in obtaining the samples. DEFECTIVE MATERIALS All materials not conforming to the Contract Documents shall be considered defective, and all such materials, whether in place or not, shall be rejected and shall not be used until permitted by the Agency's Representative. Upon failure on the part of the Contractor to comply with any requirement of the Agency's Representative made under the provisions of this article, the Agency shall have the aUthority to remove or replace defective material at the expense of the Contractor. STORAGE OF MATERIALS All materials for use in the Work shall be stored by the Contractor in such a manner as to prevent damage fi'om exposure to the elements, admixture of foreign materials, or fi'om any other cause. The Contractor shall be entirely responsible for damage or loss by weather or other causes. The Agency's Representative reserves the right to approve the storage location and area size. GUARANTEES Besides guarantees required elsewhere, the Contractor shall and hereby does guarantee all Work for a period of one (1) year after the date of acceptance of the Work by the Agency and shall repair and replace any and all such Work, together with any Work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the Agency, ordinary "wear and tear" and unusual abuse or neglect'excepted. In the event of failure to comply with the above-mentioned conditions within seven (7) days after being notified in writing, the Agency hereby is authorized to proceed to have the defects repaired and made good at the expense of the Contractor who hereby agrees to Pay the cost and charges thereof immediately on demand, including the cost of collection such as .court costs and attorney fees. If, in the opinion of the Agency, defective work creates a dangerous condition or requires immediate correction or attention to prevent, further loss to the Agency or to prevent interruption of operations of the Agency, the Agency will attempt to giVe the notice D-17 required by this Section. If the Contractor cannot be contacted or does not comply with the Agency's request'for correction within a reasonable time as determined by the Agency, the Agency, may, notwithstanding the provisions of this Section, proceed to make such correction or provide such attention; and the costs of such correction or attention shall be charged against the Contractor. Such action by the owner will not relieve the Contractor of the guarantees provided in this Section or elsewhere in this Contract. This Section does not in any way limit the guarantee on any items for which a longer guarantee is specified or any items for which a manufacturer gives a guarantee for a longer period. Contractor shall furnish Agency all appropriate guarantee or warranty certificates upon completion of the project. SECTION 4 (Not Applicable) SECTION 5 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK 5-1 SUBCONTRACTORS If the Contractor shall subcontract any part of this Contract, the Contractor shall be as fully responsible to the Agency for the acts and omissions of Subcontractor as Contractor is for the acts and omissions of persons who are directly employed. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Agency. The Contractor shall bind every Subcontractor to be bound by the terms of the Contract Documents as applicable to their work. Each Bidder shall have filed with the bid the name and business address of each Subcontractor who will perform labor or' render service to the prime Contractor in or about the construction of the Work or improvement and of each Subcontractor, licensed by the State of California, who specifically fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the prime Contractor's portion of the Work, which portion shall be defined in the bid. In each instance, the nature and extent of the work to be sublet shall be described. The Contractor must have the written consent of the Agency in accordance with the provisions of Public Contract Code Section 4107 in order to substitute a Subcontractor other than that designated in the original bid, to permit any Subcontractor to be assigned or transferred, or to allow a subcontract to be performed by other than the original Subcontractor. Subcontracting or work for which no Subcontractor was designated in the original bid, and which is more than one-half of one percent of the Work, will be allowed only with the prior written consent of the Agency as provided by Public Contract Code Section 4107. D-18 Violation of any of the above provisions will be considered a violation of the Contract, and the Agency may cancel the Contract or assess the Contractor a penalty of not more than ten percent (10%) of the subcontract involved as provided by Public Contract Code Section 4110. All persons engaged in the Work, including Subcontractors, will be considered employees of the Contractor. Contractor will be held responsible for their work and conduct. The Agency will deal directly with and make all payments to the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. On receipt by the Contractor of written instructions from the Agency, the Subcontractor shall be removed immediately from the Work, and shall not be re-employed on the Work. A copy of each written subcontract, or, if not in writing, then a written statement signed by the Contractor giving the name of the Subcontractor and the terms and conditions of such subcontract, may be required to be filed with the Agency before the Subcontractor begins work. Each subcontract shall contain a reference to the Contract between the Agency and the Contractor, and the terms of that Contact and all parts thereof shall be made a part of such subcontract insofar as applicable to the Work covered thereby. Each subcontract shall provide for its termination by the Contractor at the order of the Agency if in the Agency's opinion the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to their work. Nothing herein contained shall create any contractual relationship between any Subcontractor and the Agency, or relieve the Contractor of any liability or obligation hereunder. The successful responsible Bidder may be required to submit a letter to the Agency requesting approval of all Subcontractors. Included in the letter shall be a list of the name and address of each Subcontractor, items to be subcontracted, by item number, brief description of the item, and contract bid value. If only a portion of the item is to be subcontracted, that portion and dollar value of the work, based on Contract item bid value, shall be indicated. No Subcontractor shall be permitted to perform any work under the Contract without having first been approved, in writing, by the Agency of Tustin. 5-2 ASSIGNMENT The performance of the Contract may not be assigned, except upon the written consent of the Agency. Consent will not be given to any proposed assi~ment which would relieve the original Contractor or its surety of their responsibilities under the Contract, nor will the Agency consent to any assignment of any part of the Work under the Contract. Upon obtaining the prior written consent of the Agency, the Contractor may assign monies due or to become due under the Contract, to the extent permitted by law, but any D-19 5-3 5-4 assignment of monies shall be subject to all proper setoffs in favor of the Agency and to all deductions provided for in the Contract, and particularly all monies withheld, whether assigned or not, shall be subject to being used by the Agency for the completion of the work in the event that the Contractor shall be in default therein. No assignment of this Contract will be approved unless it shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the work called for under the Contract in favor of all persons, firms, or corporations rendering such services or supplying such materials. CONTRACTOR'S CONSTRUCTION PROGRESS SCHEDULE Within thirty (30) calendar days after execution of the Contract, the Contractor shall deliver, to the Agency's Representative a construction progress schedule in a form satisfactory to the Agency's Representative showing the proposed dates of commencement and completion of each item of the Work and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. TIME FOR COMPLETION AND FORFEITUKE DUE TO DELAY The Contractor shall complete all of any designated portion of the Work called for under the Contract within the time set forth in the Construction Contract. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to the Agency the amount per day set forth in the Special Conditions for each and every day of delay which shall be deducted from any payments due or to become due the Contractor. No forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (including but not restricted to Acts of God or of the public enemy, acts of the government, acts of the Agency, or acts of another contractor in the performance of a contract with the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of Subcontractors due to such causes Or for removal or relocation of existing utility facilities). Any such delays shall not entitle the Contractor to any additional compensation. The sole remedy of the Contractor shall be an extension of time obtained in accordance with this Section. The Contractor shall, within ten (10) calendar days from the beginning of any such delay, notify the Agency in writing of the cause of delay, whereupon the Agency shall ascertain the facts and extent of the delay and extend the time for completing the work if, in Agency's judgment, the findings of the fact justify such an extension, and Agency's findings of facts thereon shall be final and conclusive. D - 20 5-5 EXTENSION OF TIME 5-6 5-7 The Agency may extend the time fixed for completion of the work under the Contract from time to time. All applications for extensions of time shall be in writing and shall be filed with the Agency before the expiration of the original time fixed in the Contract or as previously extended. An extension of time may be granted by the Agency after the expiration of the time originally fixed in the Contract or as previously extended, and the extension so granted shall be deemed to commence and be effective from the date of such expiration. Any extension of time shall not release the sureties upon any bond required under the Contract nor effect forfeitures due to delay. USE OF COMPLETED PORTIONS When the Work or any portion of it is sufficiently complete to be utilized or placed into service, the Agency shall have the right upon written notification to the Contractor to utilize such portions of the Work and to place the operable portions into service and to operate same. Upon said notice and commencement of utilization or operation by the Agency, the Contractor shall be relieved of the duty of maintaining the portions so utilized or placed into operation; provided, however, that nothing in this Section shall be construed as relieving the Contractor of the full responsibility for completing the Work in its entirety, for making good defective Work and materials, for protecting the Work from damage, and for being respons~le for damage and for the work as set forth in the General Conditions and other Contract Documents nor shall such action by the Agency be deemed completion and acceptance, and such action shall not relieve the Contractor of the provisions of Section 3-17, Guarantees. NOTICE TO PROCEED The Contractor shall begin work within five (5) calendar days after the issuance of the Notice to Proceed and shall diligently prosecute the Contract to completion within the time limit provided in the Contract Documents. The Contractor shall notify the Agency of Tustin of intent to begin work at least two (2) working days prior to the start of any work. The Contractor may begin work in advance of the date in the Notice to Proceed, however, no work shall be started in advance of the execution of the Contract by the Agency. The Agency may, but shall not be required to, provide access to the site prior to the date specified in the Notice to Proceed. D-21 5-8 PREREQUISITES TO SUBSTANTIAL COMPLETION The following must be completed by the Contractor before requesting the Architect/Engineer's inspection for certification of substantial completion, either for the entire Work or for portions of the Work. Known exceptions must be listed in the request. mo A list of incomplete items, the value of incomplete work, and reasons for the Work being incomplete. B. Supporting documentation for completion as indicated in these Contract Documents. C. Notification of pending insurance change-over requirements. Do Specific warranties, workmanship/maintenance bonds, maintenance agreements, final certifications and similar documents. Eo Releases enabling the Agency's full, unrestricted useof the Work and access to services and utilities. Where required, include occupancy permits, operating certificates and similar releases. F. Tools, spare parts, extra stock of material and similar physical items must be delivered to the Agency. Go · The final change-over of locks must be completed and keys transmitted to the Agency. Agency's personnel must be advised of the change-over in security provisions. Ho Start-up testing of systems, and instruction of the Agency's operating and maintenance personnel must be completed. Temporary facilities and services from the project site, along with construction tools and facilities, mockups, and similar elements, must be discontinued, or changed over and removed.. lo Final cleaning up requirements, including touch-up painting of marred surfaces must be corn,oleted. J. Marred exposed finishes must be touched-up and otherwise repaired and restored. Contractor must request an Inspection: Upon receipt of the Contractor's request for inspection, the Agency Engineer will either prOceed with inspection or advise the Contractor of unfilled prerequisites. Following the initial inspection, the Agency Engineer will either prepare a Certificate of Substantial Completion, or will advise the Contractor of work which must be performed D - 22 5-9 before the Certificate will be issued. The Agency Engineer will repeat the inspection when requested and when assured that the Work has been substantially completed. Results of the completed inspection will form the initial "punch-list" for final acceptance. PREREQUISITES TO FINAL ACCEPTANCE The following must be completed by the Contractor before requesting the Agency Engineer's final inspection for Certification of Final Acceptance, and final payment as required by the General Conditions. List known exceptions, if any, in the request. mo Final payment request with final releases and supporting documentation not previously submitted and accepted must be submitted, including certificates of insurance for products and completed operations where required. Bo An updated final statement must be submitted, accounting for final additional changes to the Contract Amount and distribution of savings, if any, as stipulated in the Contract. C. A certified copy of the Agency Engineer's final punch-list of itemized work to be completed or corrected must be submitted, stating that each item has been completed or otherwise resolved for acceptance and has been endorsed and dated by the Agency Engineer. Do Final meter readings for utilities, a measured record of stored fuel, and similar data must be submitted, either as of the date of substantial Completion, or else when the Agency took possession of and responsibility for corresponding elements of the Work. E. Consent of surety must be submitted. F. Evidence of compliance with close-out procedures related to insurance requirements must be submitted. Go Record drawings, maintenance manuals, final project photographs, damage or settlement survey, property survey, and similar final record information must be submitted. Reinspection Procedure: The Agency Engineer will reinspect the work upon receipt of the Contractor's notice that the Work, including punch-list items resulting fi.om earlier inspections, has been completed, except for these items whose completion has been delayed because of circumstances that are acceptable to the Agency Engineer. Upon completion of reinspection, the Agency Engineer will either prepare a Certification of Final Acceptance, or will advise the Contractor of work that is incomplete or of D - 23 obligations that have not been fulfilled, but are required for final acceptance. If necessary, the reinspection procedure will be repeated. SECTION 6- LEGAL RELATIONS AND RESPONSIBILITIES 6-1 OBSERVING LAWS AND ORDINANCES The Contractor shall keep itself fully informed of all existing and future laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work or the materials used in the Work or which in any way affect the conduct of the Work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the Contract Documents for the Work in relation to any such law, ordinance, regulation, order or decree; Contractor shall forthwith report the same to the Agency's Representative in writing. The Contractor shall at all times observe and comply with and shah cause all agents, employees, and Subcontractors to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees, and shall hold harmless, indemnify, and defend the Agency, the Agency's Representative, the Agency Engineer, and their consultants, and each of their officers, employees, and agents against any claim or liability arising fi'om or based on the violation of any such law, ordinance, regulation, order, or decree, whether by Contractor, Contractor's employees, agents, or Subcontractors. 6-2 PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all Charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the .Work unless otherwise specified in the Contract Documents. 6-3 PATENTS The Contractor shah assume all costs arising fi'om the use of patented materials, equipment, devices, or processes used on or incorporated in the Work and shall hold harmless, indemnify, and defend the Agency, the Agency's Representative, the Agency Engineer, and their consultants, and each of their officers, employees, and agents from all suits of law or actions of every nature for or on account of the use of any patented materials, equipment devices, or processes. 6-4 PUBLIC CONVENIENCE AND SAFETY The Contractor shall so conduct the operations as to offer the least possible obstruction and inconvenience to the public, and shall have under construction no greater length or mount of work than the Contractor can prosecute properly with due regard to the rights of the public. D - 24 The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe, adequate, continuous and unobstructed pedestrian and vehicular access shall be maintained to fire hydrants, residences, commercial and industrial establishments, Churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, etc., unless other arrangements satisfactory to the Agency have been made. Safe and adequate Pedestrian zones and public transportation stops, as well as pedestrian crossings of the work at intervals not exceeding three-hundred (300) feet, also shall be maintained unless otherwise approved by the Agency. Vehicular access to residential driveways shall be maintained to the property lines except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and 'driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and embankment construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory to traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One-half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. Open trenches in streets open to traffic must be backfilled and/or plated during non- working hours. All steel plates must be removed within forty-eight (48) hours. No steel plates to remain on arterial streets over weekends. Unless otherwise authorized in writing by the Agency, construction materials may not be stored in streets, roads, or highways beyond the end of each working day. Construction equipment shall not be stored at the work site before its actual use on the Work nor for more than (5) five days after it is no longer needed on the Work. Time necessary for repair or assembly of equipment may be authorized by the Agency. D - 25 Excavated materials, except that which is to be used as backfill in the adjacent trench, may not be stored in public streets, roads, or highway unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. The Contractor shall comply with all applicable State, County and Agency requirements for closure of streets, and shall provide barriers, guards, lights, signs, temporary bridges, flagmen and watchmen, advising the public of detours and construction hazards. The Contractor shall also be responsible for compliance with additional public safety requirements which may arise during construction, and shall furnish and install, and upon completion of the Work, promptly remove ail signs and warning devices. At least forty-eight (48) hours in advance of closing, or partially closing, or of reopening, any street, alley, or other public thoroughfare, the Contractor shall notify the Agency's Police, Fire, Traffic and Engineering Departments or jurisdictional agencies involved, and comply with their requirements. Deviations must first be approved in writing by the Agency or such jurisdictional agencies. The Contractor shall secure approval, in advance, from the proper authorities concerning any bridges proposed for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements set forth in the manual published by the Division of Highways, Department of Public Works, State of California, covering "Signs". This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. The Contractor is required to control dust throughout the life of the Contract. The control may be required by job conditions or Agency's Representative. In any case, the Contractor shall use water or other means to control the dust. No chemical agents may be used without written authorization from the Agency. The Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from the inadequate dust control. 6-5 RESPONSIBILITY FOR DAMAGE The Agency, Agency's Representative, the Agency Engineer, and their consultants, and all officers, employees, and agents thereof, shall not be answerable or accountable in any manner for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials of other things used or employed in performing the Work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor or Contractor's workers or Subcontractors or anyone employed by the Contractor. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the Work or at any time before its completion and final acceptance. D - 26 6-6 CONTRACTOR'S RESPONSIBILITY FOR THE WORK Until final acceptance of the work, the Contractor shall have the responsibility, charge and care of the Work, and of the materials to be used therein (including materials for which the Contractor has received partial payment or materials which have been fiu'nished by the Agency) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising form execution or from the non-execution of the Work. The Contractor shall rebuild, repair,, restore, and make good all injuries, losses or damages to any portion of the Work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall at its own expense provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage. The suspension of the Work from any cause whatever shall not relieve the Contractor of the responsibility for the Work and materials as herein specified. If ordered by the Agency's Representative, the Contractor shall at its own expense properly store materials which have been partially paid for by the Agency or which have been furnish by the Agency. Such storage by the Contractor shall be on behalf of the Agency, and the Agency shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the Work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization fi-om the Agency. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act as though instructed to do so by the Agency. 6-7 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and trees and shrubbery'that are not to be removed. All trees and shrubbery that are not to be removed, and pole lines, fences, si~s, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, all highway or street facilities, and any other improvements of facilities within or adjacent to the Work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's sole expense to a D -27 6-8 6-9 condition as good as when the Contractor entered upon the Work or as good as required by the Contract Documents if any such objects are a part of the Work being performed. The fact that any such pipe or other underground facility is not shown on the Contract Documents shall not relieve the Contractor of the responsibility under this Section. It shall be the Contractor's responsibility to ascertain the existence of any underground improvement or facilities which may be subject to damage by reason of Contractor's operations. In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect as may be necessary, all foundations and other parts of all existing structures adjacent to and adjoining the site of the Work which are in any way affected by the excavations or other operations connected with the performance of the Work. Whenever any notice is required to be given by the Agency or the Contractor to any adjacent or adjoining landowner or other party before commencement of any work, such notice shall be given by the Contractor. EXCAVATION PLANS FOR WORKER PROTECTION The Contractor shall submit to the Agency, as a condition of obtaining Agency issued permits and in advance of excavation, a permit from the Division of Occupational Safety and Health pursuant to Chapter 6 (commencing with Section 6500) of Part 1 of Division 5 of the California Labor Code along with a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five (5) feet or more in depth. The plan shall be prepared by a registered civil or structural engineer. As a part of the plan, a notice shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CAL/OSHA Construction Safety Orders. SAFETY Pursuant to Public Contracts Code Section 7104, on any public works contracts involving the digging of trenches or other excavations deeper than four feet the Contractor shall promptly notify the AgencY in writing if any of the following conditions are encountered: , Material the Contractor believes may constitute a hazardous waste, as defined in Health and Safety Code Section 25117 and that is required to be removed to a Class I, n or m s e. . Subsurface or latent physical conditions at the site differing from those indicated in the contract. . Unusual physical conditions at the site which differ materially from those ordinarily encountered and generally reco~ized as inherent in the type of work provided in this contract. D - 28 In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions on the job site, including safety of all persons and property during performance of the work, and the Contractor shall .fully comply with all State and Federal laws rules, regulations, and orders relating to safety of the public and workers. The Contractor shall indemni~ and hold the Agency's Representative and the Agency Engineer harmless fi.om civil or criminal penalties resulting from a failure to comply with applicable safety laws, rules, regulations and orders. The duty, if any, of the Agency Engineer or the Agency's Representative to conduct construction review or inspection of the Contractor's performance is not intended to include review or inspection of the adequacy of the Contractor's safety measures in, on, or near the construction site. 6-10 6-11 PERSONAL LIABILITY No officer, employee, or agent of the Agency, Agency's Representative, the Agency Engineer, or their consultants shall be personally responsible for any liability arising under or by virtue of the Contract. INDEMNITY The Agency, its officers, employees and/or agents shall not be an~qwerable or accountable in any manner for any loss or damage that may occur to the Work or any part thereof, or 'for any of the materials or other things used or employed in performing the Work, or for injury or damage to any person or persons, either workers, employees of Contractor or Subcontractors or the public, or for damage to-adjoining or other property, fi.om any cause whatsoever arising out of or in connection with the performance of the Work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the Work, except the sole negligence or willful misconduct of Agency, or of its agents, servants, or independent contractors directly responsible to it. Contractor will defend and indemnify the Agency, its officers, employees and agents against and will hold and save them and each of them harmless fi'om any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entry, corporation, political subdivision or other organization arising out of or in connection with the Work, operation or activities of Contractor, its agents, employees, Subcontractors, or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the Agency, its officers, agents, employees or Agency Engineer (but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the Agency, its Council, agents, servants or D - 29 independent Contractors who are directly responsible to the Agency) and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b) Contractor will promptly pay any judgment rendered against Contractor or the Agency covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder; and Contractor agrees to save and hold the Agency harmless therefrom. c) In the event the Agency is made a part of any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Agency any and all costs and expenses incurred by the Agency in such action or proceeding together with the reasonable attorneys' fee. So much of the money due to the Contractor under and by virtue of the Contract as shall be considered necessary by the Agency may be retained by the Agency until disposition has been made of such actions or claims for damages as aforesaid. 6-12 HOURS OF LABOR The Contractor shall forfeit as a penalty to the Agency twenty-five Dollars ($25) for each worker employed in the execution of the Contract by the Contractor or any Subcontractor under the Contractor for each calendar day during which such worker is required or permitted to work 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 California Labor Code and, in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon compensation of all hours worked in excess of eight (8) hours'per day at not less than one-half times the basic rate of pay as provided in said Section 1815. 6-13 PREVAILING WAGE The Contractor shall pay all workers the prevailing wages in accordance with the provisions of Labor Code Section 1771. As provided in Labor Code Section 1775 the Contractor shall forfeit as a penalty to the Agency, twenty-five dollars ($25) for each calendar day or portion thereof, for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the Contract by the Contractor or by any Subcontractor under the Contractor in violation of the provisions of the Labor Code and in particular, Labor Code Section 1770 to 1780, D - 30' inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker less than the stipulated prevailing wage rate shall be paid to each worker by Contractor. Pursuant to the provisions of Section 1770 of the California Labor Code, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pensions and similar purposes) applicable to the work to be done, for straight time, over-time, Saturday, Sunday and holiday work. Copies of the prevailing wage rate determinations of the Director of the Department of Industrial Relations and the Federal prevailing wage rates are on file in the office of the Agency Engineer. The Contractor shall obtain a copy of said determination and post it in a conspicuous place on the job site. The Agency will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining this bid, and will not under any circumstances be considered as the basis of a claim against the Agency on the Contract. The Contractor shall maintain accurate payroll records in accordance with the provisions of Labor Code Section 1776 and shall, upon request, file said records with the Agency. 6-14 TRAVEL AND SUBSISTENCE PAYMENTS Each worker needed to execute the Work must be paid travel and subsistence payments as defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 6-15 APPRENTICES The Contractor and any Subcontractor under the Contractor shall comply with the requirements of Labor Code Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-16 LABOR DISCRIMINATION Contractor shall comply with Labor Code Section 1735, which reads as follows: No discrimination shall be made in the emplo.vment of persons upon public works because of the 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 D -31 6-17 6-18 6~19 contractor for public ~wrks violating this section is subject to all the penalties imposed for a violation of this chapter. WARRANTY OF TITLE No materials, supplies or equipment for the Work under this Comract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees upon completion of all Work to deliver the premises together with all improvements and appurtenances constructed or placed thereon by the Contractor to the Agency free from any claims, liens, encumbrances, or charges and further agrees that neither the Contractor nor any persons, firm, or corporation furnishing any material or labor for any work covered by the contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies or of municipalities, the title of which is commonly retained by the utility company or the municipality. Nothing contained in this Section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given bYthe Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor in the hands of the Owner. THE PROVISIONS OF THIS ARTICLE SHALL BE INSERTED IN ALL SUBCONTRACTS AND MATERIAL CONTRACTS AND NOTICES OF ITS PROVISION SHALL BE GIVEN TO ALL PERSONS FURNISHING MATERIALS FOR THE WORK WHEN NO FORMAL CONTRACT IS ENTERED INTO FOR SUCH MATERIALS. PROPERTY RIGHTS IN MATERIALS Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or the soil, or after payment has been made for materials delivered to the site of the Work, or stored subject to or under the control of the Agency. All such materials shall become the property of the Agency upon being so attached or affixed or upon payment for materials delivered to the site of the Work or stored subject to or under the control of the Agency. MUTUAL RESPONSIBILITY OF CONTRACTORS Nothing in the Contract shall be interpreted as granting to the Contractor exclusive occupancy of the site of the project. The Contractor must ascertain to its own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the Agency in the construction of the project, to the end that the Contractor may perform this Contract in the fight of such other constraints, if any. The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the D - 32 6-20 project. If the performance of any Contract for the project is likely to be interfered with by the simultaneous performance of some other contract or contracts, the Agency's Representative shall decide which contractor shall cease work temporarily and which contractor shall continue .or whether the work under the contracts can be coordinated so that the contractors may proceed simultaneously on all questions concerning conflicting interest of contractors performing related work, the decision of the Agency's Representative shall be binding upon contractors concerned and the Agency and the Agency's Representative, the Agency Engineer, and their consultants shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award of performance or attempted performance of.any other contract or contracts on the project or caused by a decision or omission of the Agency's Representative respecting the order of precedence in the performance of the contracts. Iff through acts of neglect on the part of the Contractor, any other contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other contractor or Subcontractor by agreement or arbitration, if such other contractor or Subcontractor will so settle. If such other contractor or Subcontractor shall assert any claim against the Agency, the Agency's Representative, the Agency Engineer, or their consultants on account of any damage alleged to have been so sustained, the Agency shall notify the Contractor who shall hold harmless, indemnify, and defend Agency, the Agency's Representative, the Agency Engineer, and their consultants, and each of their officers, employees, and agents against any such claim. TERMINATION FOR BREACH If the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure its completion within the time specified therein, or any extension thereof, or fails to complete such Work within such time, or if the Contractor shall be adjudged as bankrupt or should make'a general assi~ment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if Contractor or any of the Subcontractors should violate any of the provisions of the Contract, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the work in the time specified, or if the Contractor should fail to make prompt payment to Subcontractors or for material or labor or should persistently disregard laws, ordinances, or instructions of the Agency, the Agency may serve written notice upon the Contractor and the surety of Agency's intention to terminate the Contract, said notice to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof be made, the Contract shall upon the expiration. of said ten (10) days cease and te.~inate. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. D - 33 In the event of any such termination, the Agency shall immediately serve written notice thereof upon the suret, y and the Contractor, and the surety shah have the right to take over and perform the Contract; provided, however, that if the surety within fifteen (15) days after the serving upon it of a Notice of Termination does not give the Agency written notice of intention to take over and perform the Contract or does not commence performance thereof within thirty (30) days fi.om the date of serving said notice, the Agency may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the surety shall be liable to. the Agency for any excess cost or other damage occasioned the Agency thereby, and in such event the Agency maY, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plants, and other property belonging to the Contractor that may be on the site of the Work and be necessary therefor. For any portion of such work that the Agency elects to complete by furnishing its own employees, materials, tools, and equipment, the Agency shall be compensated for such in accordance with the schedule of compensation for force account work in Section 8-1. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the Agency. 6-21 NOTICE AND SERVICE THEREOF Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notices shall not be effective for any purpose whatsoever, unless served in the following manner, namely: If the notice is given to the Agency, by personal delivery thereof, or by depositing the same in the United States marl, enclosed in a sealed envelope addressed to the Owner, postage prepaid and registered. If the notice is given to the Contractor by personal delivery thereof to said Contractor or to the Superintendent at the site of the project or by depositing the same in the United States marl, enclosed in a sealed envelope addressed to said Contractor at Contractor's regular place of business or such other address as may have been established for the conduct of the work under this Contract, postage prepaid and registered. If notice is given to the surety or any other person by personal delivery to said surety or other person, or by depositing the same in the United States marl, enclosed in a sealed envelope addressed to such surety or person at the address of said' surety or person last communicated by the surety to the party giving the notice, postage prepaid and registered. D - 34 6-22 EMERGENCIES 6-23 Unusual conditions may arise on the Work which will require that immediate and unusual provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection. The Contractor shall use such foresight and shall take such steps and precautions as the operations make necessary to protect from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service, or from failure or partly-completed work. Whenever, in the opinion of the Agency, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by process of construction on account of such neglect; and whenever in the opinion of the Agency, immediate action shall be considered necessary in order to protect public or private, personal or property interest, or prevent likely loss of human life or damage on account of the operations under the Contract, then and in that event the Agency may provide suitable protection to said interest by causing such work to be done and material to be furnished as, in the opinion of the Agency's Representative may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as may be deemed necessary, shall be borne by the Contractor, and if it shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Agency's Representative, then said cost and expense will be paid by the Agency and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the Agency, however, to take such precautionary measure, shall not relieve the Contractor of its full responsibility for public safety. The foregoing provisions are in addition .to and not in limitation of any other fights or remedies available to the Agency. DRUG-FREE WORKPLACE POLICY The Contractor shall establish a Drag-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occtmSng in the workplace, and the assistance programs available to employees. Each employee engaged in the performance of a Agency contract must be notified of this Drug-Free Awareness Program, and must abide by its terms. Failure to establish a program, notify employees, or inform the Agency of a drug-related workplace conviction will constitute a material breach of the Contract and cause for immediate termination of the Contract by the Agency. D - 35 SECTION 7 - CONTRACTOR'S INSURANCE AND BONDS 7-1 GENERAL 7-2 The Contractor shall not commence any work until obtaining at its own expense all required insurance, nor shall the Contractor allow any Subcontractor to commence work until all insurance required of the Contractor or Subcontractor has been obtained. The types of insurance the Contractor shall obtain and maintain for the full period of the Contract are Workers' Compensation Insurance, comprehensive general liability insurance, and builder's "All Risk" insurance, all as detailed in the following portions of this Section. Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from its operations under this Contract. As evidence of specified insurance coverage, the Contractor shall provide Certificates of Insurance on Agency's own form as provided herein. All insurance shall be provided by insurers admitted in the State of California and rated A or better, Class VII or better, according to the latest Best's Key Rating Guide. No alteration or substitution of said Certificates will be allowed. WORKERS' COMPENSATION INSURANCE Before commencement of the work, the Contractor shall provide a Certificate of Insurance. on the Agency's form that has been obtained for the period of the Contract for full Workers' Compensation Insurance coverage for all persons whom the Contractor employs or may employ in carrying out the Work under the Contract. This insurance shall be in strict accordance with the requirements of the most current and applicable State Workers' Compensation Insurance laws. Before execution of the Contract by the Owner, the Contractor shall file with the Agency Engineer the Worker's Compensation Insurance Certificate contained in the Construction Contract (Section C) Said policy of insurance shall contain an endorsement which: Waives all right of subrogation against the Agency and any persons and entities designated to be listed as additional insured in the policy of insurance for any claim arising out of or connected with the operations of Contractor or any Subcontractor in performing the Work provided for herein. D - 36 bo Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to the Agency. Contractor shall require all Subcontractors similarly to provide such compensation insurance for their respective employees. 7-3 COMPREHENSIVE GENERAL LIABILITY INSURANCE Unless otherwise specified in the Contract Documents, said insurance shall cover all operations of the Contractor or any Subcontractor in performing the Work provided herein, and shall consist of comprehensive automobile and general liability insurance, with a $1,01J0,000 (one million) single limit aggregate, covering blanket contractual liability, and completed oPerations, owned and non-owned automobiles, explosion, collapse, and underground hazards, personal and bodily injury, and broad form property damage. Said insurance shall be issued on an occurrence basis. Each such policy of insurance shall name and list as additional insured the Agency, its elective and appointed boards, its officers, agents and employees, and the Project Manager. Specify that it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy. 7-4 CONTRACT BONDS Both the Faithful Performance Bond and the Payment Bond shall each be for not less than one hundred percent (100%) of the total Contract amount. Bonds shall be of the form attached to the Construction Contract (Section C) and secured from a surety company admitted in the State of California and shall be subject to the approval and acceptance of the Agency Council and Agency Attorney. The Payment Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithfifl Performance Bond will not be released until one year after said date. SECTION 8 - ESTIMATES AND PAYMENTS 8-1 PAYMENT FOR CHANGES IN THE WORK Changes in, additions to, or deductions from the Work, including increases or decreases in the quantity of any item or portion of the Work, shall be set forth in a written change order which shall specify: a) b) c) The changes, additions and deductions to be made. The increase or decrease in compensation due the Contractor, if any. Adjustment in the time of completion, if any. Adjustment in the compensation due the Contractor shall be determined by one or more of the following methods in the order of precedence listed below: D-37 8-2 A. Unit prices contained in the Contract. g. Mutually agreeable lump-sum or unit prices. If requested by the Agency's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump-sum and unit prices. C. Force account whereby the Contractor is compensated for furnishing labor, materials, tools, and equipment as follows: Cost of labor plus twenty percent (20%) for workers directly engaged in the performance of the Work. Cost of labor shall include actual wages paid including employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes plus payments imposed on payroll amounts by State and Federal laws plus subsistence and travel allowances payments to workers. Cost of material plus fifteen percent (15%). Cost of material shall include sales tax, freight, and delivery charges. The Agency reserves the fight to furnish such materials as it deems advisable and the Contractor shall not be paid the fifteen percent (15%) markup of such materials. For tools and equipment actually engaged in the performance of the Work, rental rates plus fifteen percent (15%). The rental rates shall be those prevailing in the area where the Work is performed. No rental charge shall be made for the use of the tools or equipment having a replacement value of $200 or less. Subcontractor invoices to the Contractor shall be based on the above described cost 'of labor plus twenty percent (20%), cost of material plus fifteen percent (15%), and tool and equipment rental rates plus fifteen percent (15%). Contractor markup on Subcontractor work will be limited to the percentage rate(s) allowed by the current edition of the Standard Specifications for Public Works Construction. No payment shall be made for any item not set forth above, including without limitation, Contractor's overhead, general administrative expense, supervision or damages claimed for delay in prosecuting the remainder of the Work. For force account work, the Contractor shall submit to the Agency's Representative for verification daily work sheets showing an itemized breakdown for labor, materials, tools, and equipment used in performing the work. No payment will be made for work not verified by the Agency's Representative. PROGRESS PAYMENTS The Contractor shall, on or before the tenth day of each calendar month after actual construction work is started, except in case of final estimate hereinafter provided, cause an estimate in writing to be made, on the form (Certified Invoice For Progress Payment) D-38 8-3 8-4 provided by the Agency, of the value of the total amount of the work completed by the Contractor and of material delivered on the ground or stored subject to written approval of the Agency and unused to the first of the month in which the estimate is made. In estimating such value, the Contractor may take into consideration, along with other facts and conditions deemed to be proper, materials furnished and stored at the site of the Work and the ratio of the difficulty or cost of the Work done to the probable difficulty or cost of the Work to be done. Except as otherwise provided in Section 8-5 of these General Conditions, the Agency, as part security for the fulfillment of the Contract by the Contractor, will retain ten percent (10%) of such estimated value from each progress payment until Substantial Completion. Within thirty (30) working days after the preparation of such estimate for punch list work value per the requirements of Substantial Completion, the Agency will pay to the Contractor the balance of such estimated value after deducting therefrom all previous payments and sums to be kept or retained under terms of the Contract. FINAL ESTIMATE AND PAYMENT When the Work has been completed to the satisfaction of the Agency's Representative, a final estimate of the total amount of work done thereunder shall be made and the amount to be paid therefor under the terms of the Contract and shall certify to the Agency the mount of the final estimate. If the Agency finds the Work has been completed according to the Contract, it shall accept the Work, shall file a Notice of Completion, and shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts' to be retained under the provisions of the Contract. All prior progress estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of the thirty-five (35) days from the date of filing a Notice of Completion of the Work by the Agency. It is mutually agreed between the .parties that no certificate given or payment made under the Contract shall be conclusive evidence of performance of the Contract and no payment shall be construed to be an acceptance of any defective work or improper materials. The Contractor further agrees that the payment and acceptance of the final amount due under the Contract shall release the Agency, the Agency's Representative, the Agency Engineer, and their consultants from any and all claims or liability arising out of the Contract. AGENCY RIGHT TO WITHHOLD CERTAIN AMOUNT AND MAKE APPLICATION THEREOF In addition to the amount which the Agency may retain under Section 8-2 for progress payments, the Agency may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in Agency's judgment it may deem necessary to cover: D - 39 m. Payments which may be past due and payable for just claims against the Contractor or any Subcontractors for labor or materials furnished in or about the performance of the Work on the project under this Contract. B. Estimated or actual costs for correcting defective work not remedied. C. Amounts claimed by the Agency as forfeiture due to delay or other offsets. The Agency may apply such withheld amount or amounts to the payment of such claims in their discretion. In so doing, the Agency shall be deemed the agent of the Contractor and any payments so made by the Agency shall be considered as a payment made under the Contract by the Agency to the Contractor, and the Agency shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The Agency will render to the Contractor a prior account of such funds disbursed in behalf of the Contractor. D - 40 SECTION E SPECIAL CONDITIONS SECTION E SPECIAL CONDITIONS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK 6-1 LAYOUT OF WORK The Contractor shall perform and be responsible for the accurate layout of all portions of the Work. The Contractor shall verify all dimensions on the drawings and shall report to the Project Manager as designated by the Agency Manager any discrepancies before proceeding with related work. 6-2 RESPONSIBILITIES The Comractor shall be in full charge of, and be responsible for, the site and the construction work of this Contract, subject to the directions of the Project Manager and to the terms and conditions of any separate contracts which may be awarded to others. The Contractor shall perform no other operations of any nature, except as specifically authorized in the Construction Documents, or as authorized by the Project Manager. Except as provided above, until the formal acceptance of the Work by the Agency, the Contractor shall have the charge and care thereof and shall bear the risk of injury 'or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall re-build, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except as otherwise provided herein. 6- 3 RECORD DRAWINGS Record drawings shall be provided as specified in other Sections of these Construction Documents "As installed" drawings, with indications in suitable ink or chemical fluid on one set of prints to produce a record of the complete installations shall be kept on the job and up-to-date during construction. At the completion of the Work and prior to final inspection, the Contractor shall copy his/her records "as installed" data, using red ink, onto a set of blueline prints furnished by the Agency. The Comractor shall certify to the completeness and accuracy of the "as installed" information indicated on the blueline prints with his/her signature. The signed blueline prints shall be delivered to the Agency Engineer as a condition precedent to the Agency's acceptance of the Contract Work. E-1 6-4 INSPECTION In order to allow for inspection and in addition to any inspection required by the Department of Building and Safety or any inspection required elsewhere in these Contract Documents, the Contractor shall notify the Project Manager sufficiently in advance of the permanent concealment of any materials, or work by other material, or work. Whenever the Contractor intends to carry on the Work of this Contract on a Saturday, Sunday, or Holiday, or for more than eight (8) hours a day on a Monday through Friday, the Contractor shall notify the Project Manager of such intention at least 24 hours in advance so that inspection may be arranged. The Contractor shall pay extra costs to the Agency for inspection and other incidental expenses caused by such overtime work. Whenever the Contractor is requested by the Project Manager to work overtime, in the interest of the Agency, the expense of the overtime wage paid to the Agency Building Inspectors will be borne by the Agency. No demolition will be permitted on Saturdays, Sundays, or Holidays without prior written approval of the Agency. If any work is concealed or performed without prior notice specified above, then the work shall be subject to such tests or exposure as may be necessary to prove to the Agency Building Inspector that the materials used and the work done are in 'conformity with the Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished by the Contractor, at its own expense. The Contractor shall replace, at its own expense, any material or work damaged by exposure and any faulty materials or workmanship caused by such exposure or testing. When, in order to comply with the intent of the Contract Documents and when not otherwise specified, inspection should be made at the plant or mill of the manufacturer or fabricator of material, if such plant or mill is within the limits of the County. The Contractor shall notify the Agency Building Inspector as sufficient length of time in advance to allow for arrangements to be made for such inspection. When such plant or mill is outside the limits of the County, the Contractor, at it's own expense, unless the Agency elects to make its own inspection, shall engage an inspector, approved by the Agency, to inspect the materials at the said plant or mill. The Inspector shall be governed in his/her judgment of the materials by the requirements of the Contract Documents, and shall forward to the Agency whatever written reports shall be required. Any inspection or approval, by any representative or agent of the Agency will not relieve the Contractor of the responsibility of incorporating in the Work, only those materials which cOnform to the Contract Documents, and any nonconforming materials shall be removed from the site whenever identified. The Project Manager, and authorized representatives, shall at all times have access to the Work during its construction at shops and yards, as well as at the project site. The Contractor shall provide every necessary facility for ascertaining that the materials and workmanship are in accordance with Contract Documents. E-2 6-5 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The Contractor's proposed construction schedule shall be submitted to the Project Manager within ten (10) working days after the date of Notice of Award of Contract. The schedule shall be supported by written statements fi.om each supplie? for materials or equipment indications that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures. 6-7 TIME OF COMPLETION 6-7.1 Gi~neral The time for completion shall be twenty (20) working days after Notice to Proceed. The Notice to Proceed will be issued at the discretion of the Project Manager shortly after the execution of the contract. When the contractor is delinquent on any submittal that is required before the start of work, such as but not limited to, construction schedule, traffic control plan, etc., the Notice to Proceed will be issued with conditions to comply with all requirements before the start of work. Any such delay in submittals will cause the contractor to lose those days fi.om the specified time of completion after the issuance of Notice to Proceed. 6-7.2 Working Days The City of Tustin has implemented a 9/80 work schedule. This schedule means that City Hall Offices will be closed every other Friday. City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on the Friday City Hall remains open. The Contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday through Thursday and 7:00 a.m. to 4:00 p.m. on the Friday City offices are open, excluding holidays. Deviation fi.om these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. 6-9 LIQUIDATED DAMAGES The Contractor shall pay the Tustin Community Redevelopment Agency, or have withheld fi.om monies due it, as liquidated damages, the sum of four hundred dollars ($400.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days specified herein including extensions granted due to inclement weather and/or increase in the scope of work. E-3 SECTION 7- RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7.1.1 A noise level limit of 96 dBA at a distance of fifty feet (50') shall apply to all construction equiPment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7.1.2 Construction sites shall be maintained in such a condition that an anticipated storm does not carry wastes or pollutants off the site. Such "discharges" of material other than storm water are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or'contain a hazardous substance in a quantity reportable under Federal Regulation 40 CFR parts 117 and 302. Materials which may have effects of pollution include but are not limited to: solid or liquid chemical spills; waste from paints, stains, sealants, glues, limes, pesticides, herbicides, wood preservatives and solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids; fertilizers, vehicle/equipment wash water and concrete wash water; water, concrete, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or chemical degreasing and superchlorinated potable water line flushings. During construction, disposal of such materials should occur in a specified and controlled temporary area on-site, physically separate from potential storm water m-off, with ultimate disposal in accordance with local, state and federal requirements. 7.1.3 Dewatering of contaminated groundwater, or discharging contaminated softs via surface erosion is prohibited. Dewater of non-contaminated groundwater requires a National Pollutant Discharge Elimination System permit from the respective State Regional Water Quality Control Board. 7-5. PER_MITS A City of Tustin business license shall be obtained by the Contractor, at his expense, prior to starting work. Subcontractors working for the general contractor for this project will be required to have a business license while working on this project. The City of Tustin will issue a demolition permit for this project at no cost to the Contractor. 7-8.5 CONSTRUCTION WATER~ The Contractor shall be responsible for obtaining a construction water meter fi'om the City of Tustin Water Services Division, 235 E. Main Street, prior to beginning work. Water used will be charged at the prevailing rate. E-4 7-10 PUBLIC CONVENIENCE AND sAFETY Traffic control shall conform to the applicable provisions of the Standard Specifications. The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. 7-15 PAYROLL RECORDS Weekly certified payroll records must be submitted to the Agency. Progress payments will be withheld pending receipt of any outstanding reports. SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT Progress Payment - The Contractor shall submit a detailed invoice with each request for progress payment, together with the periodic progress report. Progress payments will be withheld pending receipt of any outstanding reports and/or detailed invoices. Final Payments - If no claims or stop paymem notices are filed, then, at the expiration of 35 days fi-om the date of recordation of the notice of completion, the amount deducted fi-om the final estimate and retained by the Agency will be paid to the Contractor. DETAILS 1. The following is a list of construction plans to be used for this project: APWA Standard Plan 600-0 Chainlink Fence and Gates Sheets 1 and 2 of 2 E-5 CONTRACTOR'S LICENSING STATEMENT TO BE PROVIDED BY SUCCESSFUL BIDDER PRIOR TO AWARD OF CONTRACT The undersigned Contractor or Corporate Officer, declares under penalty of perjury that the attached copy of the Contractor's pocket license or certificate of licensure is Contractor's, is current and valid, and is in a classification as required by the project specifications and appropriate to the work to be undertaken for this project. PROJECT: DEMOLITION OF WAREHOUSE BUILDING AND CLEARANCE OF SITE 1021 EAST EDINGER AVENUE, TUSTIN, CALIFORNIA CIP No. 700131 DEMO NAME 'OF CONTRACTOR: SIGNED: TITLE: Note: Attach proper Notary Acknowledgment for signature of authorized person. (Use copy of blank form provided in Section B.) E-6 - I'~'l J~- I ,o':o..' ~,~u~ I RAI.. 8 TENSION R~DD PANEL /CAP. SEE NOTE I .~ --'~"-'~- UArtl3ED wiRE .STEEL TENSeO~ W, ~ SEE ~O1E 4 ~ ' ~~~CHAIN LINK FABnlC. FOR ~ ~~ CONFIOURATION OF TOP ~ ~%~ BOSOM E~E OF FABRIC ~-LINE POST5~~ SEE SPeCIfICATIONS ~0'-0' ~AX~U~ J ~' OR LESS FENC~ PANEL OVER 6,0' TYPICAL FENCE ELEVATION TYP1CAL RA~_ 6 TENSION ROI~ PANEL INTERMEDIATE AND SLOPE j SLOP~: OR J ^^ I~.px-~ POSTS ~L BE INST~D L~ ~T~J' ~ER~EDi,TE ~ST~ ~~ AT NOT ~RE ~ ~' ' . ~, ~ /~ INTERV~S ~ONG FENCE LINE --' -~ ...... ~ p~~ ~ ~O AT G~E ~GES ~ ~ APPUOASLE TO ' INTERMEDIATE POST DETAIL ~~ //..... HE,AD,,',,L,. ,'ENCE ~E, · DETAILS MEREON EXCEPT · TYPICAL R,e. JL E~ TENSION RO0 PANEL ~ WITH TOP RAIL ' i ;~~ FOR LESS THAN 18'. TIE ~ 'F~LL CLEAR OPENINGS Nil GREATER THAN 3" WITH  '"'rJ] AND HEADWALL POST IF 1 i! 1 TOP OF CHANNEL WALL tS . / I', I CO~STR~C~ED ~ SHOW- ' ~ ~ I! ~ BY DASHED LINE :z: · HE.ADWALL ~ DMENT D~rAIL II ,oP OF ~F W*LL T.CK~SS J! C~A.,,~L ,,,'~. ~l 'SLESS T.AN .'. {~ Lz' To BOTI0~ OF~m ~ · UtSTALL FENCE ~ FABRIC ' C~JTSIDE THE WALL CHANNEL WALL AND WINGWALL DETAIL AT HEADWALL AMERICAN PUBLIC WORKS ASSOCIATION -- souTHERN CALIFORNIA CHAPTER ST A, NDAJRD PLAN II::~cIOMUL,~---~T~D BY ~ AJ~WA-AC, C ~.oo~ co..~ CHAIN LINK FENCE AND GATES 600-0 USE W/TH ST~U,~Da. RD SJ>E.~ATM r--OR P'UI~4.J,C wOGKS CCN¢STR~ SHEET 1 CbC 2 F-3 I I .~.5' ~t;C,L[ nR~S BARBED w~RE ' Z'~ ~' ~ ........ ---n _ / -'Ln~-~ 1-5' . I : ,. I TYPICAL RAIL ~ : ~ ~--- I~L RAL ~ " ' ' ' TRUSS R~ ~NEL'~ ~ J TRUSS R~ PANEL .... .... I i I g II GTE 18'-0 ' Ji ~  ~l~ss~ ' i' D~ - ,  PIPE G~TE FR~E . . : ~ ~MIN DI~ POST ', ~Z'. ' ~/; 0D · B' · TYPICAL WALK GATE TYPICAL DRIVE-GATE ~' P~>E POST .; NON SHRINK GROUT .~;. -I.D. SHALL POSTS BE I' LARGER THAN OlD. OF' PIPE POST POST EMBEDMENT DETAIL IN 12' FOR LINE POSTS 18' FOR END, CORNER AND INTERMEDIATE CONCRETE HEADWALLS, RETAINING WALLS, CHANNEL .WALLS, ETC. · I/8' ST'E~L/ PLATE--~ ."~,%' / REINFORCING STEEL BAR G~.TE wIRE ~ j GATE FRAME --T----I 10 //~'~/8° GUSSET GUSSET DETAIL PLUNGER ROD CUP DETAIL T'ES'~U -: '-Z';'%. - '×' ' [,, .. -,,. : :*....~ I II~,J ~;'~' ~- LJ IL'~, '-, ),, '-, ~- · DETAIL OF-CUT-OUT FOF:I CHAIN AND LOCK NOTES: 1. SECURE DRIVE FIT GALVANIZED CAP TO POST WITH lA' ROUND HEAD RIVET. 2. H DENOTES FABRIC WIDTH AND NOMINAL FENCE HEIGHT. H SHALL BE 5'-0' UNLESS OTHERWISE SPECIFIED. 3. IF CHAIN LINK FENCE WITH TOP RAIL IS SPECIFIED. DELETE STEEL TENSION WIRE AT THE TOP AND THE PIPE RAILS AT INTERMEDIATE. END AND CORNER POSTS. EXTEND TENSION ROD TO THE TOP RAIL 4.. BARBED WIRE SHALL BE USED ONLY WHEN SPECIFIED· $. ALL DATA SHOWN ON TYPICAL DETAILS SHALL BE APPLIED TO OTHER PERTINENT D~TAILS. AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER CHAIN LINK FENCE AND GATES STANDARD PLAN . 600-0 SHEET 2 OF 2 F-,4 I · · I $ . .: Non-Improved ~'ea To Be Cleared (Trees to Remain) 0 © .< SECTION F SUPPLEMENTAL DEMOLITION AND CLEARANCE SPECIFICATIONS SECTION F SUPPLEMENTAL DEMOLITION AND CLEARANCE SPECIFICATIONS - F-I GENERAL All work shall be constructed in accordance with these specifications and the latest edition of the "Standard Specifications for Public Works Construction" and applicable Uniform Code, all to the satisfaction of the Agency's Engineer and the Agency's representative, who is the Redevelopment Program Manager. The work shall consist of famishing all labor, materials, tools, equipment, appurtenances for the removal of existing buildings, paving, 'and vegetation. All work shall be completed in strict adherence to 'the plans and the specifications. The Contractor shall not obstruct vehicular or pedestrian traffic flow in the public rights-of-way at any time. Lane closures on Edinger Avenue shall not be allowed. Contractor shall obtain demolition permits from the City of Tustin Community Development Department. The City permits will be issued for no fee. The Contractor shall file a demolition notification form with South Coast Ak Quality Management District at least 10 days prior to commencing demolition. Contractor shall contact dig alert at 1-800-4224133 prior to starting work to confirm utility locations. The Contractor shall immediately notify the Redevelopment Program Manager I writing upon encountering any type of hazardous and/or toxic wastes or materials during the demolition and removal process. (See Section 7-10.4.1 of the Special Conditions. Should it become necessary to terminate the demolition and removal process, the Contractor shall be compensated only for work in progress or actually completed. The amount of such compensation shall be determined by the Redevelopment Program Manager. No payment shall be n~ade for delay or lost profits anticipated for uncompleted work. Failure of the Contractor to notify the Redevelopment Program Manager of the presence of hazardous and/or toxic wastes or materials may result in legal liability to the Contractor for all actual damages resulting to the Tustin Community Redevelopment Agency and/or the City of Tustin. The buildings have had an asbestos survey and asbestos abatement performed. If the Contractor discovers any .additional asbestos-containing material, the Contractor must stop work. The Contractor shall provide an estimate for the removal of the asbestos discovered. Said materials will be removed 0nly alter approval in writing from the Agency's Engineer and the Redevelopment Program Manager. F-1 Work called for in the specifications, but not included as pay quantity items, shall be considered incidental work, cost of which shall be included in the Contractor's bid for pay quantity items. o The Contractor shall be responsible for damage to existing utilities, traffic loops, pavements, curb, structures, trees and landscaping as a result of his operations, and will be required to repair or replace the same to the satisfaction of and as directed by the Redevelopment Program Manager or utility company. The Contractor shall immediately haul away and dispose of off the project site all excavated materials and construction debris. All disposals shall be at the Contractor's expense. The Contractor shall haVe copies of the specifications for this project on the site at all times and he shall be familiar with all applicable standards and specifications. F-II MOBILIZATION (Bid Item No. 1) The Contractor shall be paid a fixed lump sum price for his cost of providing bonds, insurance, financing, and moving equipment to the job site. This item will be paid with the first payment to the Contractor after award of the contract and shall include the costs of such mobilization and administration of the entire contract period. Pavrnent The cost of bonds, insurance, financing, and moving equipment to the job site shall be included in the contract lurnp sum price set by the Tustin CommUm'ty Redevelopment Agency in the Bid Proposal Section for the Bid Item No. 1. F-III DUST CONTROL AND CLEAN-UP (Not a Bid .Item) Description - This work shall consist of furnishing and applying water as required and as may be directed by the Agency's Engineer and the Redevelopment Program Manager to control dust, which is the result of the Contractor's operations. In addition, this work shall consist of sweeping dirt and dust fi.om streets, gutters and sidewalks adjacent to the project is said dirt and/or dust is a result of the Contractor's operations. Additionally, this work shall consist of final clean-up of the si~e and surrounding area. Construction - Construction shall conform to the provisions of Section 7-8.1 of the Standard Specifications. In addition, the Contractor shall clean-adjacent streets by power brooming, as directed by the Agency's Engineer and the Redevelopment Program Manager, of any excavated or removed material, which may have been spilled, tracked or blown'onto adjacent streets or area. Payment - Payment for dust control and clean-up shall be considered included in the contract unit prices paid for other items of work and shall be considered incidental for accomplishing the work as specified herein and no additional compensation will be allowed therefor. F-IV DEMOLITION OF WAREHOUSE BUILDING ( Bid Item No. 2) F-2 Description - This work shall consist of the removal a concrete tilt-up warehouse building, of approximately 59,200 SF, with wood framed roofing system, both pitched and flat. ~ The Contractor shall be required to coordinate the demolition of the building with all affected utilities and agencies. Construction - All work shall be completed with the Contractor's machinery and workmen. Ail operations shall conform to OSHA safety regulations. Payment'- The contract lump sum price paid for the demolition of the buildings and foundations shall be considered as full compensation for furnishing all labor, materials, tools, equipment and incidentals to accomplish this' work, as specified herein and no additional compensation will be allowed therefor. F-V DISPOSAL OF DEMOLITION DEBRIS (Bid Item No. 3) Description- This work shall consist of loading, hauling and legally disposing of all demolition debris. This work shall also include leveling of any remaining dirt following debris removal. Construction - The Contractor shall be required to coordinate the removal, from the site, of all structures and any associated debris from the site to a legal refuse disposal site. The.Contractor shall pay all disposal fees. Those materials that can be salvaged may be retained or sold by the Contractor. All remaining materials for disposal must be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, in Irvine for recycling and diversion of waste from a landfill. The Contractor shall be responsible for all processing and disposal fees. The Contractor is required to submit a report to the Tustin C0mmtmity Redevelopment Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the Contractor, and quantity hauled to Sunset Environmental (MRF). This report is required prior to final payment for all work performed in accordance with this contract. The Contractor'shall level the remaining earth following debris removal and shall also provide for hand labor to remove remaining debris following leveling of any earth to the satisfaction of the .R,~edevelopment Program Manager. P~y~ent - The contract lump sum price paid for the leveling of the remaining dirt and disposal of demolition debris shall be considered full compensation for furnishing, all labor, materials, tools, equipment and incidentals, including disposal fees, to accomplish this work, as specified herein and no additional compensation will be allowed therefor. F-VI CLEAR NON-IMPROVED AREAS (Bid Item No. 4__) Description- This work shall consist of removal of all debris from non-improved areas of the site, and the loading, hauling and legally disposing of all debris. F-3 Construction - The Contractor shall be required to coordinate the removal, from the site, of all debris from non-improved areas of the site to a legal refuse disposal site. The Contractor shall pay all disposal fees. Those materials that can be salvaged, may be retained or sold by the Contractor. All remaining materials for disposal must be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, in Irvine for recycling and diversion of waste from a landfill. The Contractor shall be responsible for all processing and disposal fees. The Contractor is reqUired to submit a report to the Tustin Community Redevelopment Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the Contractor, and quantity hauled to Sunset Environmental (MRF). This report is required prior to final payment for all work performed in accordance with this contract. Payrnent- The contract lump sum price paid for the disposal of debris shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals, including disposal fees, to accomplish this work, as specified herein and no additional compensation will be allowed therefor. F-VII REMOVAL OF POLE SIGN WITH COPY READING "SI-tEA HOMES" (Bid Item No. Description - This work shall consist of the removal of the existing pole sign, with copy reading "Shea Homes" including foundation. This work does NOT include the removal of the existing billboard on the site. Construction - Contractor shall meet with Redevelopment Program Manager on, site to identify the specific sign to be removed. Contractor shall provide the'Redevelopment Program Manager with a fourteen (14) calendar day notice before the sign is to be removed. The Contractor shall be required to coordinate the removal of the existing pole sign from the site, including any substructure, thereof, to a legal refuse disposal site. The Contractor shall pay all disposal fees. Those materials that can be salvaged may be retained or sold by the Contractor. All remaining materials for disposal must be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, in Irvine for recycling and diversion of waste fi.om a landfill_ The Contractor shall be r~ponsible for all processing and disposal fees. The Contractor is required to submit a report to the Tustin Community Redevelopment Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the Contractor, and quantity hauled to Sunset Environmental (MRF). This report is required prior to final payment for all work performed in accordance with this contract.. The Contractor shall provide for hand labor to remove remaining debris follOwing leveling of any earth where the sign has been removed to the satisfaction of the Redevelopment Program Manager. Payment - The contract lump sum price paid for the removal and disposal of the pole sign shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals, F-4 including disposal fees, to accomplish this work, as specified compensation will be allowed therefor. F-VIII CAP SEWER LATERAL(S) (Bid Item No. 6) herein and no additional Description - This work shall consist of locating, exposing, capping, removal and disposal of the sewer lateral(s) serving the warehouse buildings. Lateral(s) shall terminate at the property line. Construction - The Contractor shall be required to coordinate the pot holing, locating, termination and capping of the sewer lateral(s) at the proper line. Prior to capping of on-site laterals, the Contractor shall expose the lateral for inspection by the Agency's inspector. Laterals possibly serving off-site buildings shall not be capped without prior approval by the Redevelopment Program Manager. The Contractor shall also prepare a site plan showing the location of the sewer lateral(s) that have been capped. The Contractor shall also be required to coordinate the removal of the sewer laterals from the site, to a legal refuse disposal site. The Contractor shall pay all disposal fees. Those materials that can be salvaged may be retained or sold by the Contractor. All remaining materials for disposal must be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, in Irvine for recycling and diversion of waste from a landfill. The Contractor shall be responsible for all processing and disposal fees. The Contractor is required to submit a report to the Tustin Community Redevelopment Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the Contractor, and quantity hauled to Sunset Environmental (MRF). This report is required prior to final payment for all work performed in accordance with this contract. Payrnent- The contract lump sum price paid for the locating, capping3 removal and disposal of the sewer lateral(s) shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals to accomplish this work, as specified herein and no additional compensation will be allowed therefor. F-IX CAP WATER SERVICE (Bid Item No. 7) I~ription - This work shall consist of locating, exposing, capping, removal and disposal of the water service line(s) serving the warehouse buildings. Service line(s) shall terminate at the property line. Construction - The Contractor shall be required to coordinate the pot holing, locating, termination and capping of the water service(s) at the proper line. Prior to capping of on-site service lines, the Contractor shall expose the service lines for inspection by the Agency's inspector. Service lines possibly serving off-site buildings shall not be capped without prior approval by the Redevelopment Program Manager. The Contractor shall also prepare a site plan showing the location of the service lines(s) that have been capped. F-5 The Contractor shall also be required to coordinate the removal of the service lines from the site, to a legal refuse disposal site. The Contractor shall pay all disposal fees. Those materials that can be salvaged may be retained or sold by the Contractor. All remaining materials for disposakmust be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, ~ Irvine for recycling and diversion of waste from a landfill. The Contractor shall be responsible for all processing and disposal fees. The Contractor is required to submit a report to the Tustin Community Redevelopment Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the Contractor, and quantity hauled to Sunset Environmental (MRF). This report is required prior to final payment for all work performed in accordance with this contract. Pavrnent- The contract lump sum price paid for the locating, capping, removal and disposal of the water service(s) shall be considered full compensation fo~: furnishing all labor, materials, tools, equipment and incidentals to accomplish this work, as specified herein and no additional compensation w/Il be allowed therefor. F-X CAP GAS SERVICE (Bid Item No. 8) Description - This work shall consist of locating, exposing, capping, removal and disposal of the gas service line(s) serving the warehouse buildings. Service line(s) shall terminate at the property line. Construction - The Contractor shall be required to coordinate the pot holing, locating, termination and capping of the gas service(s) at'the proper line. Prior to capping of on-site service lines, the Contractor shall expose the service lines for inspection by the Agency's inspector. Service lines possibly serving off-site buildings shall .not be capped without prior approval by the Redevelopment Program Manager. The Contractor shall also prepare a site plan showing the location of the service lines(s) that have been capped. The Contractor shall also be required to coordinate the removal of the service lines fi'om the site, to a legal refuse disposal site. The Contractor shall pay all disposal fees. Those materials that can be salvaged may be retained or sold by the Contractor. All remaining materials for disposal must ~ taken to Sunset Material RecOvery Facility at 16182 Construction Circle West, in Irvine for recycling.:~ ~: and diversion of waste from a landfill. The Contractor shall be responsible for all processing and disposal fees. The Contractor is 'required to submit a report to the Tustin Community Redevelopment Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the ContractOr, and quantity hauled to Sunset Environmental (MR/:). This report is required prior to final payment for all work performed in accordance with this contract. Payment - The contract lump sum price paid for the locating, capping, removal and disposal of the gas service(s) shall be considered full .compensation for furnishing all labor, materials, tools, equipment and incidentals to accomplish this work, as specified herein and no additional compensation will be allowed therefor. F-6 , F-XI REMOVAL OF EXISTING SITE FENCING (Bid Item No. 9 ) Description - This work shall consist of the removal of approximately 1,000 L.F of existing chain link fence, including post foundations. ' Construction - The Contractor shall be required to coordinate the removal of approximately 1,000 L.F of existing site fencing, including any substructure, thereof, to a legal refuse disposal site. The Contractor shall pay all disposal fees. Those materials that can be salvaged may be retained or sold by the Contractor. All remaining materials for disposal must be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, in Irvine for recycling and diversion of waste fi.om a landfill. The Contractor shall be respons~le for all processing and disposal fees. The Contractor is required to submit a report to the Tustin Community Redevelopment Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the Contractor, and quantity hauled to Sunset Environmental (MRF). This report is required prior to final payment for all work performed in accordance with this contract. The Contractor shall pro.vide for hand labor to remove remaining debris following leveling of any earth where the fence has been removed to the satisfaction of the Redevelopment Program Manager. payment - The contract lump sum price paid for the removal and disposal of the site fence shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals, including disposal fees, to accomplish this work, as specified herein and no additional compensation will be allowed therefor. F-7 ALTERNATIVE BIDS ITEMS F-XII REMOVAL OF PAVING, SLABS AND OTHER SURFACE IMPROVEMENTS (Alternative Bid Item D ' Description - This work shall consist of the removal of the existing pavement, as well as the slab and other surface improvements remaining after the building is removed pursuant to Item E-IV, above and the loading, hauling and legally disposing of all demolition materials and debris. This work shall also include leveling of any remaining dirt following debris removal. Construction - The Contractor shall be required to COordinate the demolition and removal from the site, of all the existing pavement, as well as the slab and other surface improvement, remaining after the building is removed, to a legal refuse disposal site. The Contractor shall pay all disposal fees. Those materials that can be salvaged may be retained or sold by the Contractor. All remaining materials for disposal must be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, in Irvine for recycling and diversion of waste from a landfill The Contractor shall be responsible for all processing and disposal fees. The Contractor is required to submit a report to the Tustin COmmunity Redevelopment Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the Contractor, and quantity hauled to Sunset Environmental (MRF). This report is required prior to final payment for all work performed in accordance with this contract. The Contractor shall level the remaining earth following debris removal and shall also provide for hand labor to remove remaining debris following leveling of any earth to the satisfaction of the Redevelopment Program Manager. payment - The contract lump sum price paid for the removal of the existing pavement, slab and other surface improvements and the leveling of the remaining dirt shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals, including disposal fees,' to accomplish this work, as specified herein and no additional compensation will.be allowed therefor. E::xm REMOVAL AND REPAIR OF EXISTING SITE FENCE, INSTALLATION OF NEW PERIMETER FENCE (Alternative Bid Item No. 2_) (If this alternative is selected by the Agency, it shall replace Bid Item No. 9). Alternative Bid Item 2-1' Removal Of Approximately 575 L.F Of Site Fencing Description -This work shall consist of the removal of approximately 575 L.F of existing site fence; and the loading, hauling and legally disposing of all demolition materials and debris. Construction - The Contractor shall be required to coordinate the removal of approximately 575 L.F of existing site fencing, including any substructure, thereof, to a legal refuse disposal site. The Contractor.shall pay all disposal fees. Those materials that can be salvaged may be retained F-8 or sold by the Contractor. All remaining materials for disposal must be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, in Irvine for recycling and diversion of waste from a landfill. The Contractor shall be responsible for all processing and disposal-fees. The Contractor is required to submit a report to the Tustin Community Redevelopn~ent Agency detailing the type and volumes (in tons) of waste generated at the site, and quantity salvaged by the Contractor, and quantity hauled to Sunset Environmental (MRF). This report is required prior to final payment for all work performed in accordance with this contract. The Contractor shall provide for hand labor to remove remaining debris following leveling of any earth where the fence has been removed to the satisfaction of the Redevelopment Program Manager. Payment - The contract lump sum price paid for the removal and disposal of the site fence shall be 'considered full compensation for furnishing all labor, materials, tools, equipment and incidentals, including disposal fees, to accomplish this work, as specified herein and no additional compensation will be allowed therefor. Alternative Bid Item 2-2.' Repair Of Site Fence Description - This work shall consist of the repair of approximately one hundred seventy-five (175) lineal feet of an existing fence, including two gates, along the Edinger Avenue frontage. Approximate location of the portions of the fence to be repaired are shown on the attached Site Clearance Map. Where fencing materials must be replaced, it shall be done from the closest fence pole to the closest fence pole The work shall also include the replacement of all damaged slats in the fence with slats of the same kind. Materials - When repaired, the chain link security fencing shall conform to Standard Plan 600-0 of the American Public Works Association as shown in Section F of these Supplemental' Specifications and Section 206-6 of the Standard Specifications. Constructioh - Construction shall conform to the provisions of Section 304-3 of the Standard Specifications. Payment - The contract lump sum price paid for the repair of new chainlink security fencing ih~luding gates shall be considered full compensation for furnishing all labor, materials, tools, eqmpment and incidentals to accomplish this work, as specified herein and no additional compensation will be allowed therefor. Alternative Bid Item 2-3' Installation Of New Site Fence Description - This work installation of approximately 1,542 lineal feet of permanent, new 6 foot high chainlink security. The fence shall be along the property lines. The approximate location of the portions of the fence to be repaired are shown on the attached Site Clearance Map. F-9 Materials - The new chainlink security fencing shall conform to Standard Plan 600-0 of the American Public Works Association as shown in Section F of this specifications and Section 206- 6 of the Standard Specifications. Construction - Construction shall conform to the provisions of Section 304-3 of the Standard Specifications. The Contractor shall furnish and install new full perimeter, permanent 6 feet high chainlink security fencing. The new security fencing shall be installed aRer removal of all demolition debris and leveling of on-site dirt. Payment - The contract price paid per lineal foot for the installation of new chainlink security fencing shall be considered full compensation for furnis~g all labor, materials, tooIs, equipment and incidentals to accomplish this work, as specified herein and no additional compensation will be allowed therefor. F-10