CARPINTERIA VALLEY WATER DISTRICT RANCHO MONTE ALEGRE (RMA) PHASE 4C LANDSLIDE MITIGATION PROJECT GENERAL PROVISIONS

Transcription

1 CARPINTERIA VALLEY WATER DISTRICT RANCHO MONTE ALEGRE (RMA) PHASE 4C LANDSLIDE MITIGATION PROJECT GENERAL PROVISIONS BOARD OF DIRECTORS Matthew Roberts, President June Van Wingerden, Vice-President Alonzo Orozco, Director Richard Forde, Director Polly Holcombe, Director Prepared by: FLOWERS & ASSOCIATES, INC. 201 North Calle Cesar Chavez, Suite 100 Santa Barbara, CA Date: February 28, 2013 By: Vernon E. Williams, P.E. RCE 33690, exp MANDATORY PRE-BID CONFERENCE AT THE PROJECT SITE ON: Monday, March 11, 10:30 A.M. BIDS TO BE OPENED AT: Carpinteria Valley Water District, 1301 Santa Ynez Avenue, Carpinteria, CA ON: Monday, March 18, 4:00 P.M.

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3 CARPINTERIA VALLEY WATER DISTRICT RMA PHASE 4C LANDSLIDE MITIGATION PROJECT TABLE OF CONTENTS BID DOCUMENTS Notice Inviting Bids... 1 Instruction to Bidders... 3 Proposal... 6 Bidder's Statement of Subcontractors Technical Ability and Experience Bidder's Statement of Past Contract Disqualifications Agreement Bidder s Statement Regarding Insurance Coverage Non-Collusion Affidavit Certificate of Insurance General Liability Endorsement Umbrella Liability Endorsement Automobile Liability Endorsement Bid Bond.27 Payment Bond Performance Bond Release of Contract STANDARD SPECIFICATIONS (Modified sections) General Numbering of Sections Modifications Definitions Abbreviations Award and Execution of the Contract Subcontracts Contract Bonds Plans and Specifications Right-of-Way Surveying Extra Work Changed Conditions Disputed Work Materials & Workmanship Location Protection Relocation Delays RMA PHASE 4C LANDSLIDE MITIGATION PROJECT i TABLE OF CONTENTS

4 Construction Schedule and Commencement of work Default by Contractor Delays and Extensions of Time Time of Completion Completion and Acceptance Liquidated Damages Disputes and Claims; Procedure Labor Liability Insurance Permits Contractor s Representative Project Site Maintenance Public Convenience and Safety Hazardous Material Facilities for Agency Personnel Lump Sum Work Payment Termination of Agency Liability Section 700-General Description of Bid Items Recording Existing Condition Documentation Submittal Record of Construction Changes Dewatering Product Options and Substitutions APPENDICES A. Geotechnical Engineering Report No by Earth Systems Southern California dated March 24, B. Geotechnical Engineering Report No by Earth Systems Southern California dated April 17, C. Highway 101 Access Map Revised February 20, D. Project Permit Conditions. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT ii TABLE OF CONTENTS

5 NOTICE INVITING BIDS Notice is hereby given that sealed bids will be received at the Carpinteria Valley Water District, 1301 Santa Ynez Avenue, Carpinteria, CA before 4:00 p.m., on the 18th day of March, 2013, at which time they will be publicly opened and read for the CVWD RMA PHASE 4C LANDSLIDE MITIGATION PROJECT. The project generally consists of construction of approximately 36 concrete anchor blocks and tie-back anchors for landslide mitigation and all appurtenant work as described in the Specifications and shown on the project Plans. The said work shall be performed in strict conformity with the project Plans and Specifications as approved by said District on February 25, Copies of said plans and specifications may be accessed by calling Gelare Macon at the Design Engineer s office at (805) Each bid shall be accompanied by a certified or cashier's check payable to the order of the District, or by a bid bond executed by a corporate surety authorized to do business in the State of California in the sum of not less than 10% of the total amount of the bid, as a guarantee that the bidder will enter into the proposed contract if it be awarded him or her. Bidders shall submit all provided forms that have the word Proposal in the heading, the Non- Collusion Affidavit and the Bid Bond or check. All these documents shall be completed, signed and notarized as required and enclosed in an envelope which shall be sealed and clearly labeled with the project title, name of bidder, and date and time of bid opening. The bidder to whom the contract is awarded by the District shall execute the contract and furnish a surety bond in the amount of 100% of the contract price guaranteeing the performance of the contract and it shall remain in force for a period of one year after final acceptance. An additional bond for 100% of the contract price shall be furnished to secure the payment of claims for labor and materials furnished for the work. This project requires payment of State prevailing rates of wages for Santa Barbara County. The contractor shall post copies of the prevailing schedules at the job site. This project is a public work as defined within California Labor Code Section All bids are subject to full compliance with the provisions of the Conditions of the Contract governing Wage Rates and Employment of Labor. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 1 BID DOCUMENTS

6 The contractor to whom the contract is awarded shall assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order and A mandatory prebid conference will be held beginning at the cul-de-sac adjacent to the District s Foothill Tank at 10:30 A.M. on Monday, March 11, 2013 and representatives of the design and construction consultants and District will be present to discuss the project and answer questions. All bids will be compared on the basis of the Engineer's estimate of the quantities of work to be done. No bid will be accepted from a contractor who is not licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. Contractor's license classification required for this project is Class A. The District reserves the right to retain all bids for a period of 60 days for examination and comparison, and to delete any portion of the work from the contract. The District reserves the right to reject any and all bids and to waive any informality in such bids. Ten percent (10%) will be deducted from each progress payment and retained by the District and the remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to Public Contracts Code ( PCC ) 22300, the Contractor may substitute securities for retention monies held by the District or request that the District place such monies into an escrow account. The Contractor is notified, pursuant to PCC 22300, any such election will be at the Contractor s own expense and will include costs incurred by the District to accommodate the Contractor s request. Contact Ric Craig for technical questions or Gelare Macon at (805) ( gmacon@flowersassoc.com) for access to plans and specifications. DATED this 25th day of February, CARPINTERIA VALLEY WATER DISTRICT, CARPINTERIA, CALIFORNIA By Charles B. Hamilton, General Manager RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 2 BID DOCUMENTS

7 INSTRUCTION TO BIDDERS: Bidders are encouraged to carefully review the plans and specifications for any errors, omissions, or ambiguities. If any are discovered, notify the Engineer far enough in advance of the bid opening to allow time for the issuance of appropriate written addenda. Written addenda shall be the sole means for modifying the plans and/or specifications prior to the bid opening. The District will not be bound by oral communications purportedly modifying or interpreting the plans and/or specifications regardless of when or by whom such oral communications are made and bidders shall not rely upon such oral communications in preparing a bid. Accompanying these Specifications, and made a part hereof, is a set of plans and forms for the proposal designated "PROPOSAL." Blank spaces in the Proposal shall be properly filled in and the phraseology thereof shall not be changed. Additions shall not be made to the items mentioned therein. Any unauthorized conditions, limitations, or provisions attached to the Proposal will be liable to render it informal and may cause its rejection. Alterations by erasure or interlineation shall be explained or noted in the Proposal over the signature of the bidder. Each bidder shall state in the Proposal the bidder's contractor license number and the license's expiration date. Any Proposal not containing this information shall be considered non-responsive and shall be rejected. Each bidder and any subcontractor performing work valued at more than 10% of the bid shall complete the Technical Ability and Experience form listing the five (5) projects that are most comparable to this project that the bidder/subcontractor has completed in the last five years with a currently available owner contact person for each of the five projects. Any Proposal not complying with this requirement may be rejected without further consideration. Each bidder shall complete the "Bidders Statement of Past Contract Disqualifications" form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The bidder shall explain the circumstances of each disqualification. The District reserves the right to reject the bid based on such information. The cashier's or certified check, or bond, in the sum of ten percent of the total amount of the bid accompanying the bid, and the proceeds thereof, shall become the property of the Carpinteria Valley Water District if the bidder fails to, or refuses to, execute the Contract and to furnish satisfactory bonds within twenty (20) days after the same be awarded to bidder. The check accompanying the successful bid will be returned upon the execution of the Contract and the filing of satisfactory bonds. Checks accompanying the rejected bids will be returned upon the awarding of the contract. The bids shall be based upon full completion of all the work as shown on the plans and specified. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Contractor specifically agrees to construct a completed work ready for the use and in the manner which is intended. The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the bid form, the costs for that work shall be included in some related bid item so that the proposal for the project does reflect the total cost for completing the work in its entirety. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 3 BID DOCUMENTS

8 established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes shall be covered as hereinafter provided for extra work. The contractors with the lowest bids will be evaluated based on review of their experience and reports from their references and a recommendation for award will be made to the District s Board of Directors. Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition, and manufacturer of any or all materials to be used in the construction of the work, together with samples, which samples may be subjected to the tests provided for in these specifications or in the special provisions to determine their quality and fitness of the work. The bidder to whom award is made shall execute a written contract with the District within twenty (20) calendar days after notice of the award has been sent by mail to him at the address given in his proposal. The contract shall be made in the form adopted by the District and incorporated in these specifications. If the bidder to whom award is made fails to enter into contract as herein provided, the award will be annulled, the bid bond or security shall be forfeited by the bidder, and an award may be made to the next lowest responsible bidder, and such bidder shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. The notice inviting bids, proposal, bonds, plans, special provisions, and standard specifications, shall be considered as incorporated in the contract. A corporation to which an award is made will be required before the contract is finally executed, to furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. The contractor shall not assign, transfer, convey or otherwise dispose of the contract, or his right, title of interest therein, or his power to execute such contract to any other person, firm or corporation without previous consent in writing by the Board of Directors of the Carpinteria Valley Water District. If any part of the work to be done under this contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with the terms of the general contract. Upon request, certified copies of any or all subcontracts shall be furnished to the Engineer and the Board of Directors. The subcontracting of any or all of the work to be done shall in no way relieve the Contractor of any part of his responsibility under the contract. Violation of any of the above provisions will be considered a violation of the contract, and the District may: cancel the contract, assess the contractor a penalty of not more than 10 percent of the subcontract involved, or cancel the contract and assess the penalty. All persons engaged in the work, including subcontractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work. The District will deal directly with and make all payments to the prime contractor. When subcontracted work is not being prosecuted in a manner satisfactory to the Engineer, the Contractor shall be notified to take corrective action. The Engineer may report the facts to the Board of Directors. If the Board of Directors so orders and on receipt by the Contractor of written instructions from the Engineer, the subcontractor shall be removed immediately from the work. The subcontractor shall not be re-employed on the work. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 4 BID DOCUMENTS

9 Bidders are urged by their own investigations to satisfy themselves as to the existing conditions affecting the work to be completed as part of this project. If the bidder chooses not to conduct investigations, bidder will nevertheless be charged with knowledge of conditions which reasonable inspection and investigation would have disclosed. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 5 BID DOCUMENTS

10 CARPINTERIA VALLEY WATER DISTRICT PROPOSAL FOR RMA PHASE 4C LANDSLIDE MITIGATION PROJECT The contractor listed below hereby proposes to construct this project acknowledging the following: The Bid Documents include 3 Sheet(s) of Plans. Bids to be Received On March 18, 2013 By 4:00 p.m. Completion Time: 40 Consecutive Working Days (SSPWC Sec. 6-7) Liquidated Damages: A. Failure to Complete Work on Time: $ Per Calendar Day (SSPWC Sec. 6-9) B. Failure to Keep Traffic Lanes open: $ per hour (SSPWC Sec ) Number of Sheet(s) in Proposal: (Contractor to complete) CONTRACTOR Name Street Address City State Zip Code Telephone Number RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 6 BID DOCUMENTS

11 PROPOSAL CARPINTERIA VALLEY WATER DISTRICT RMA PHASE 4C LANDSLIDE MITIGATION PROJECT To the Board of Directors Carpinteria Valley Water District Carpinteria, California Pursuant to the foregoing notice inviting bids, the undersigned declares that the undersigned has carefully examined the location of the proposed work, that the undersigned has examined the plans and specifications and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and to do all the work required to complete the said work in accordance with said plans and specifications for the prices set forth in the following proposed schedule. The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within fifteen (15) working days after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying the bid shall become the property of the Carpinteria Valley Water District. The bidder by signature below also certifies under the penalty of perjury that the representations made in this bid are true and accurate in accordance with the Business and Professions Code Section (e). Licensed in accordance with an act providing for the registration of Contractors, License No. and Expiration Date. Type Signature of Bidder (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individuals or co-partners composing the firm. If a corporation, state legal name or corporation, also names of president, secretary, treasurer and manager thereof.) DATED:, 2013 RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 7 BID DOCUMENTS

12 PROPOSAL SCHEDULE OF WORK AND PRICES FOR CVWD RMA PHASE 4C LANDSLIDE MITIGATION PROJECT Item Description 1 Mobilization, de-mobilization, and all labor, materials, equipment and miscellaneous work necessary to maintain and secure the construction zone, for the duration of the work. (An allowance in the amount of 10% of the total bid shall be provided for this project with 90% of bid amount to be paid upon project startup and 10% to be paid upon project completion and acceptance by the District.) 2 Clearing and grubbing, including disposal of organic materials offsite 3 Implement erosion control under the direction of the provided Qualified SWPPP Practitioner (QSP) in accordance with provided storm water pollution prevention plan during the course of Construction, assist Project QSP in providing recordkeeping and completion of State required NOT including implementation of specified pertinent erosion control measures through the acceptance of the NOT by the California RWQCB. Include repair of all erosion scars to graded areas in accordance with project Geotechnical Engineer s recommendations (to be paid on a time and materials basis up to the allowance of Lump Sum Bid not to exceed $20,000). 4 Earthwork including cut, fill, compaction, moving of material and processing of boulders/stones including all boulder removals and filling of voids with clean, compacted fill; hauling and proper disposal of excess material. 5 Construction water development and transporting water from fire hydrant at the CVWD Foothill Tank Estimated Quantity (Basis Quantity) Payment Reference Unit Price 1 LS A.1 * * 1 LS A.2 1 LS (max) 1 LS A.4 1 LS A.5 Total A.3 $20, $20, RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 8 BID DOCUMENTS

13 6 Construct and test Line A Tie-back including drilling and placing of tieback, construction of anchor blocks and testing of assembly 4 EA A.6 7 Construct and test Line B Tie-back including drilling and placing of tieback, construction of anchor blocks and testing of assembly 9 EA A.7 8 Construct and test Line C Tie-back including drilling and placing of tieback, construction of anchor blocks and testing of assembly 10 EA A.8 9 Construct and test Line D Tie-back including drilling and placing of tieback, construction of anchor blocks and testing of assembly 11 EA A.9 10 Each additional foot of unbounded length for any tie-back line 50 LF A Each additional foot of bonded length for any tie-back line 50 LF A Each additional foot of length of tieback anchor 20 FT A Each additional foot of width of tieback anchor 20 FT A Each foot of temporary tie-back casing for any tie-back line 500 FT A Release on Contract 1 LS $1.00 $1.00 Total In Words: Total In Figures: * The bidder s price for this item shall be fixed as 10% of the Total Bid Price. Company Name of Bidder Authorized Signature _ RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 9 BID DOCUMENTS

14 PROPOSAL FOR CVWD RMA PHASE 4C LANDSLIDE MITIGATION PROJECT BIDDER'S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS Without exception, the bidder is required to state the name and address of each subcontractor, and material fabricator/supplier. For subcontractors also list the percentage of the work which each will do as required by Section 2.3 hereinafter and in conformance with Public Contract Code, Section 4100 to 4113, inclusive. Material fabricator/supplier listing can be limited to those for tie-back hardware and concrete. The undersigned submits herewith a list of subcontractors and material fabricators whom he proposes to employ on the work with the proper firm name and business address of each. Attach additional pages as necessary. Name of Subcontractor or Fabricator/Supplier License Number where applicable Address of Office Mill or Shop Specific Description of Subcontract or Material (% of total bid for subcontractors) Signature of Bidder RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 10 BID DOCUMENTS

15 PROPOSAL CVWD RMA PHASE 4C LANDSLIDE MITIGATION PROJECT TECHNICAL ABILITY AND EXPERIENCE Each bidder and any subcontractor performing work valued at more than 10% of the total bid shall list the five (5) projects that are most comparable to this project that the bidder/subcontractor has completed in the last five years with a current owner contact person for each of the five projects. Attach additional pages as necessary. Signature of Bidder RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 11 BID DOCUMENTS

16 PROPOSAL CVWD RMA PHASE 4C LANDSLIDE MITIGATION PROJECT BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The bidder is required under Section of the Government Code to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes No 2. If yes, explain the circumstances. Signature of Bidder RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 12 BID DOCUMENTS

17 AGREEMENT FOR CONSTRUCTION OF THE RMA PHASE 4C LANDSLIDE MITIGATION PROJECT BETWEEN THE CARPINTERIA VALLEY WATER DISTRICT AND This AGREEMENT is entered into this day of, 2013, by and between the CARPINTERIA VALLEY WATER DISTRICT, ("the District") and. ("the Contractor"). The District and the Contractor agree as follows- 1. WORK. The Contractor shall provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional Work arising from changes ordered by the District in accordance with the Specifications. 2. CONTRACT DOCUMENTS. "Contract Documents" are hereby defined as: A. The document titled General Provisions dated February 25, 2013 and attached hereto as Exhibit A which includes the Notice Inviting Bids, Instructions to Bidders, Proposal, Standard Specifications, Special Provisions, and all Exhibits and Appendices thereto. B. All documents referenced in Exhibit A. C. Plans for this project signed by the District and dated February 25, 2013 and attached hereto as Exhibit B. D. Documents issued to the Contactor by the District or the District s Agent subsequent to the signing of this agreement including but not limited to Addenda, Notice to Proceed, Clarifications, Change Orders and Notice of Completion. E. All other documents identified in this Agreement. All of the above Contract Documents together form the contract (the "Contract") between the District and the Contractor for the Work. The Contract constitutes the complete agreement between the District and the Contractor and supersedes any previous agreements or understandings. Contractor acknowledges that he has had the opportunity to independently review all Contact Documents, and, whether reviewed or not, agrees to be bound by the terms therein. 3. CONTRACT SUM. A. Subject to the provisions of the Contract Documents, the District will pay to the Contractor, for performing the Work, $ (the "Contract Sum"). B. The District reserves the right to accept Alternates, if any, within 30 days after the date of this Agreement. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 13 BID DOCUMENTS

18 C. Unit prices, if any, are as set forth in the Proposal. D. The Contract Sum will be increased or decreased by an amount equal to the unit price multiplied by the actual number of units of each unit price item incorporated in the Work. The District reserves the right to increase or decrease the Contract Sum by adjusting quantities within items or the number of items constructed without affecting the unit price. As a minimum, Tieback Lines A through D will be constructed in this contract with the quantities of tie-backs shown on the Plans. 4. TIME FOR PERFORMANCE. A. The Contractor shall fully complete the Work within 40 working days after the Notice to Proceed Date, the "Contract Period." B. The Contract Period will commence on the date indicated in the Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Agreement. C. The Contractor shall not perform any work under this Agreement until the date indicated on the Notice to Proceed issued to the Contractor by the District. D. Should the Contractor begin work on any phase in advance of receiving written authorization to proceed, any such services are at the Contractor's own risk. E. By signing this Contract, the Contractor represents to the District that the Contract Period is reasonable for completion of the Work and that the Contractor shall complete the Work within the Contract Period. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete the Work within the Contract Period, the Contractor shall pay to the District, as liquidated damages and not as a penalty, the sum of $1,000 for each calendar day after the expiration of the Contract Period that the Work remains incomplete. The District and the Contractor agree that if the Work is not completed within the Contract Period, the District's damages would be extremely difficult or impracticable to determine and that the amount set forth herein is a reasonable estimate of and a reasonable sum for such damages. The District may deduct any liquidated damages due from the Contractor from any amounts otherwise due to the Contractor under the Contract Documents. This provision will not limit any right or remedy the District may have in the event of any other default by the Contractor other than failing to complete the Work within the Contract Period. This provision will not be applicable nor act as a limitation upon the District if the Contractor abandons the Work. Should that occur, the Contractor shall be liable to the District for all losses and damages incurred by the District. Nothing contained in this Agreement is intended to, nor will it, limit additional provisions regarding liquidated damages that may be included in the Contract Documents. 6. THIRD PARTY CLAIMS. In accordance with Public Contracts Code 9201, the District will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than twenty (20) business days after the District receives such claims. Such notification will be in writing and forwarded in accordance with the Notice section of the Contract Documents. As more RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 14 BID DOCUMENTS

19 specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the District against any third-party claim. 7. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: District Carpinteria Valley Water District 1301 Santa Ynez Avenue, Carpinteria, CA Office: Fax: Contractor Office: Fax: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 8. INTERPRETATION. This Agreement was drafted in, and will be governed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in the Superior Court of Santa Barbara County, Santa Barbara Branch. 9. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. 10. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 11. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 12. STATEMENT OF EXPERIENCE. By executing this Agreement, the Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to the District. The Contractor represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private the Contractors, and experience in dealing with public agencies all suggest that the Contractor is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 15 BID DOCUMENTS

20 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CARPINTERIA VALLEY WATER DISTRICT: CONTRACTOR: By: Matthew Roberts District Board President By: Printed Name ATTEST: Secretary APPROVED AS TO FORM: District Counsel RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 16 BID DOCUMENTS

21 PROPOSAL CVWD RMA PHASE 4C LANDSLIDE MITIGATION PROJECT BIDDER S STATEMENT REGARDING INSURANCE COVERAGE Bidder hereby certifies that he has reviewed the insurance coverage requirements specified in Section 7-3 and the Certificate of Insurance and Endorsement forms in the Bid Documents. Should he be awarded the contract for the work, Bidder further certifies that he can meet all of these specifications requirements for insurance including insurance coverage of his subcontractors. Further, the bidder certifies that he/she will obtain and maintain workers' compensation insurance required by law covering all of the employees on the Work at all times and that it is his/her responsibility to see that all employees of subcontractors are equally protected by such insurance either provided by the him/her or by the subcontractor. The required insurance shall cover any assignee or any subcontractor performing or causing to be performed any work or labor in fulfillment of the provisions of the Contract. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code before commencing the performance of the work of this contract. Bidder By Title Date RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 17 BID DOCUMENTS

22 NON-COLLUSION AFFIDAVIT FOR THE CVWD RMA PHASE 4C LANDSLIDE MITIGATION PROJECT FOR CARPINTERIA VALLEY WATER DISTRICT State of California ) County of Santa Barbara ) ss., being first duly sworn, deposes and says that he or she is the of, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly, colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Executed on, 2013, at, California. Signature Subscribed and sworn to before me on. (date) [NOTARY SEAL] Signature of Notary Public RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 18 BID DOCUMENTS

23 CERTIFICATE OF INSURANCE CARPINTERIA VALLEY WATER DISTRICT ( the District ) 1301 Santa Ynez Ave Carpinteria, CA This certifies to the District that the following described policies have been issued to the insured named below and are in force at this time. Insured: Project: Carpinteria Valley Water District RMA PHASE 4C LANDSLIDE MITIGATION PROJECT POLICIES AND INSURERS LIMITS POLICY NUMBER EXPIRATION DATE (mm/dd/yy) *BEST'S RATING Workers Compensation Workers Compensation... $ Employers' Liability... $ (Insurer) General Liability General Aggregate... $ Products/Completed Operations Aggregate... $ Personal Injury... $ Each Occurrence... $ Fire Damage... $ Medical Expense... $ (Insurer) Business Auto Policy Liability Coverage Occurrence Basis Bodily Injury/Ea. Person... $ Physical Damage/Ea. Accident.. $ Combined Liab./Ea. Accident... $ (Insurer) Umbrella Liability Occurrence/Aggregate... $ Self-Insured Retention... $ (Insurer) The following coverages or conditions are in effect: The District, its officials, employees and Design and Construction Consultants are named as Additional Insureds on all liability policies described above as respects The Central Zone Pipeline Improvement Project Phase 2: (a) Activities for the District by or on behalf of the Named Insured, and... Yes No (b) Products and Completed Operations of the Named Insured... Yes No The undersigned shall mail to the District 30 days written notice of cancellation or reduction of coverage or limits; 10 days fro non-payment of premium. Cross Liability Clause (or equivalent wording)... Yes No X, C, U Hazards Included... Yes No Contractual Liability Coverage applying to this Contract... Yes No Coverage afforded to the District, its officials, employees and Design and Construction Consultants as an insured apply as primary and not excess or contributing to any other insurance issued in the name of the District... Yes No Waiver of subrogation of Workers Compensation Insurer... Yes No RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 19 BID DOCUMENTS

24 CERTIFICATE OF INSURANCE (Continued) Agency or Brokerage Insurance Company Address Home Office Name of Person to be Contacted Authorized Signature Date Telephone Number Note: Authorized signature may be the agent s if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer. * Provide A.M. Best s alpha Financial Performance Rating and numeric Financial Size Category Rating of Insurer RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 20 BID DOCUMENTS

25 GENERAL LIABILITY ENDORSEMENT CARPINTERIA VALLEY WATER DISTRICT ("the District") 1301 Santa Ynez Ave Carpinteria, CA A POLICY INFORMATION: 1. Insurance Company: ; Policy No. 2. Policy Term: (From) (To) ; Endorsement Effective Date: 3 Named Insured: 4. Address of Named Insured: 5. Limit of Liability Any One Occurrence/Aggregate: $ 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ B. POLICY AMENDMENTS: This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the District; or products sold by the Named Insured to the District, the insurance afforded by this policy shall be primary insurance as respects the District, its elected or appointed officials, employees, agents, design and construction consultants or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the District, its elected or appointed officials, employees, agents, design and construction consultants or volunteers shall be excess of this insurance and shall not contribute with it. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 21 BID DOCUMENTS

26 3. SCOPE OF COVERAGE. The policy: (1) if primary, affords coverage at least as broad as Insurance Services Office Form No. GL Rev., Comprehensive General Liability Insurance, and Insurance Services Office Form No. GL , Broad Form Comprehensive General Liability Endorsement; or (2) if excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1). Insurance is on an occurrence basis. 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER. I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. Signature of: Authorized Representative (original signature required on endorsement furnished to the District) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: ( ) RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 22 BID DOCUMENTS

27 UMBRELLA LIABILITY ENDORSEMENT CARPINTERIA VALLEY WATER DISTRICT ("the District") 1301 Santa Ynez Ave Carpinteria, CA A POLICY INFORMATION: 1. Insurance Company: ; Policy No. 2. Policy Term: (From) (To) ; Endorsement Effective Date: 3 Named Insured: 4. Address of Named Insured: 5. Limit of Liability Any One Occurrence/Aggregate: $ 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ B. POLICY AMENDMENTS: This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The District, its elected or appointed officials, employees, design and construction consultants, agents and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, and/or (b) products and completed operations of the Named Insured and/or (c) the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the District; or products sold by the Named Insured to the District, the insurance afforded by this policy shall be primary insurance as respects the District, its elected or appointed officials, employees, agents, design and construction consultants or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE. The Umbrella Liability Policy is for (check all that apply): General Liability The policy: (1) if primary, affords coverage at least as broad as Insurance Services Office Form No. GL Rev., Comprehensive General Liability Insurance, and Insurance Services Office Form no. GL , Broad Form Comprehensive General Liability Endorsement; or (2) if excess, affords coverage which is at least as broad RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 23 BID DOCUMENTS

28 as the primary insurance forms referenced in the preceding section (1). Insurance is on an occurrence basis. Auto Liability The policy affords coverage to the Named Insured which is at least as broad as Insurance Services Form No. CA 0001 in its latest State of California approved form. Code 1 ( any auto ). Insurance is on an occurrence basis. 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER. I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. Signature Of: Authorized Representative (original signature required on endorsement furnished to the District) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: ( ) RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 24 BID DOCUMENTS

29 A. POLICY INFORMATION: AUTOMOBILE LIABILITY ENDORSEMENT CARPINTERIA VALLEY WATER DISTRICT ("the District") 1301 Santa Ynez Ave Carpinteria, CA Insurance Company: ; Policy No. 2. Policy Term: (From) (To) ; Endorsement Effective Date: 3. Named Insured: 4. Address of Named Insured: 5. Limit of Liability Any One Occurrence/Aggregate: $ 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $_ B. POLICY AMENDMENTS: This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers are included as insureds with regard to damages and defense of claims arising from the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers. 2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the District, the insurance afforded by this policy shall: (a) be primary insurance as respects the District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. In either event, any other insurance maintained by the District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE. The policy affords coverage to the Named Insured which is at least as broad as Insurance Services Form No. CA 0001 in its latest State of California approved form. Code 1 ("any auto"). Insurance is on an occurrence basis. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 25 BID DOCUMENTS

30 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the District, its elected or appointed officials, employees, agents, design and construction consultants and volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER. I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. Signature of: Authorized Representative (original signature required on endorsement furnished to the District) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: ( ) RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 26 BID DOCUMENTS

31 BID BOND (10%) FOR THE RMA PHASE 4C LANDSLIDE MITIGATION PROJECT FOR THE CARPINTERIA VALLEY WATER DISTRICT KNOW ALL PERSONS BY THESE PRESENTS that Bidder, as PRINCIPAL, and, as SURETY, are held and firmly bound unto the Carpinteria Valley Water District, as DISTRICT, in the penal sum of dollars ($ ), which is ten percent (10%) of the total amount bid by PRINCIPAL to DISTRICT for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is submitting a bid to DISTRICT for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and provides the required payment and performance bonds and insurance coverage to DISTRICT, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of DISTRICT. For value received, the SURETY hereby agrees that its obligations and its bond shall not be impaired or affected by any extension of time within which the DISTRICT may accept such bid; and SURETY hereby waives notice of any such extension. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of, PRINCIPAL By: Title: SURETY By: Title: Subscribed and sworn to this day of, NOTARY PUBLIC (SEAL) RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 27 BID DOCUMENTS

32 PAYMENT BOND Principal: Bond No.: Bond Type: Bond Amount: Project: Carpinteria Valley Water District RMA PHASE 4C LANDSLIDE MITIGATION PROJECT [Civil Code Sections ] This Payment Bond is tendered to the Carpinteria Valley Water District ( District ) in conjunction with the Carpinteria Valley Water District RMA PHASE 4C LANDSLIDE MITIGATION Project set forth above. We, the Principal and a Surety Corporation, organized and existing under and by virtues of the laws of the State of and duly authorized to transact business within the State of California as a surety, are held and firmly bound unto the District, for the use and benefit of itself and any and all persons, companies, or corporations who perform work or labor or furnish materials, provisions, or other supplies used in, upon, for or about the performance of the above-described work, or who rent or lease persons or machinery for said work to be done, in the sum of ($ ) in lawful money of the United States of America, to be paid to such persons, companies or corporations, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The District has awarded Principal a contract for the above-described project and the Principal is required by the terms of the contract to furnish a bond for materialmen and laborers involved in the Project; and thus, if said Principal, or any subcontractor or contractors, fail to pay any persons named in Civil Code Section 3181 or for any materials, provisions, provender, or other supplies, or persons or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Unemployment Insurance Code Section 13020, the Surety shall pay the same up to an amount not exceeding the sum specified in this bond and in case suit is brought upon this bond, additional, reasonable attorneys' fees to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under California Civil Code Section 3181, so as to give a right of action to such persons or his assigns in any suit brought upon this bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Project or work to be performed hereunder, or the specifications and drawings that accompany same, shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alterations or addition to the terms of the Contract, to the work or Project, or to the drawings and specifications. Whenever the Principal shall be, and declared by the District to be in default under the above Agreement, the Surety shall promptly remedy the default, or shall promptly pay the amount of the bond herein. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 28 BID DOCUMENTS

33 For the satisfactory completion of this Project and the Contract hereunder, the above obligations shall hold good for a period of one (1) year after the completion of the Project and its acceptance by the Board, during which time if Principal shall fail to make full, complete and satisfactory repair and replacements and totally protect the Board from loss or damage made evident during the period of one (1) year from the date of acceptance of the work and resulting from or caused by defective materials or faulty workmanship, the above obligations shall remain in full force and effect. The obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. IN WITNESS WHEREOF, this Payment Bond is duly executed by the Principal and Surety abovenamed on, PRINCIPAL: NAME OF PRINCIPAL SIGNATURE TYPED NAME AND TITLE ADDRESS CITY, STATE, ZIP TELEPHONE *SURETY: NAME OF SURETY SIGNATURE TYPED NAME AND TITLE ADDRESS CITY, STATE, ZIP TELEPHONE *Power of Attorney Must Be Attached. Subscribed and sworn to this day of, NOTARY PUBLIC [SEAL] RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 29 BID DOCUMENTS

34 PERFORMANCE BOND Principal: Bond No.: Bond Type: Bond Amount: Project: Carpinteria Valley Water District RMA PHASE 4C LANDSLIDE MITIGATION PROJECT This Performance Bond is tendered to the Carpinteria Valley Water District ( District ) in conjunction with the Carpinteria Valley Water District RMA PHASE 4C LANDSLIDE MITIGATION PROJECT as set forth above. We, the Principal and a Surety Corporation, organizing existing under and by virtue of the laws of the State of and duly authorized to transact business within the State of California as a surety, are held and firmly bound unto the District the sum of ($ ) lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators successors or assigns shall abide by, keep and perform the covenants, conditions, requirements, obligations, and provisions of the aforedescribed Project and/or Contract, any alterations thereof, or any regulations or laws pertaining thereto on his or their part to be kept and performed at the time in the manner therein specified and if they also indemnify and hold the District, and its members, officers, agents, employees harmless from all liability, costs, losses, expenses, and attorneys' fees thereon, then this obligation shall become null and void; but otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Project or work to be performed hereunder, or the specifications and drawings that accompany same, shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alterations or addition to the terms of the Contract, to the work or Project, or to the drawings and specifications. Whenever the Principal shall be, and declared by the District to be in default under the above agreement, the Surety shall promptly remedy the default, or shall promptly pay the amount of the bond herein. For the satisfactory completion of this Project and the Contract hereunder, the above obligations shall hold good for a period of one (1) year after the completion of the Project and its acceptance by the District, during which time if Principal shall fail to make full, complete and satisfactory repair and replacements and totally protect the District from loss or damage made evident during the period of one (1) year from the date of acceptance of the work and resulting from or caused by defective materials or faulty workmanship, the above obligations shall remain in full force and effect. The obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 30 BID DOCUMENTS

35 IN WITNESS WHEREOF, this Performance Bond is duly executed by the Principal and Surety above-named on, PRINCIPAL: *SURETY: NAME OF PRINCIPAL SIGNATURE TYPED NAME AND TITLE ADDRESS CITY, STATE, ZIP TELEPHONE NAME OF SURETY SIGNATURE TYPED NAME AND TITLE ADDRESS CITY, STATE, ZIP TELEPHONE *Power of Attorney Must Be Attached. Subscribed and sworn to this day of, NOTARY PUBLIC [SEAL] RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 31 BID DOCUMENTS

36 RELEASE OF CONTRACT CONTRACT NAME: Carpinteria Valley Water District Phase 4C Landslide Mitigation Project WHEREAS, by the terms of the contract dated entered into by the CARPINTERIA VALLEY WATER DISTRICT and the undersigned Contractor,, the undersigned Contractor agreed to perform certain work for the compensation specified in said contract; and WHEREAS, the Contractor represents that said work is fully completed and that final payment is due to the contractor under terms of said contract; NOW, THEREFORE, in consideration of the promises and the payment by the CARPINTERIA VALLEY WATER DISTRICT to the Contractor of the amount due under the contract, to wit, the sum of $ and the additional consideration of $1.00, receipt of which is hereby acknowledged by the Contractor, the Contractor hereby releases and forever discharges the CARPINTERIA VALLEY WATER DISTRICT of and from all manner of debts, dues, demands, sum or sums of money, accounts, claims and causes of action, in law and in equity, under or by virtue of said contract except as listed herein. (If not, so indicate.) IN WITNESS HEREOF, the hand and seal of the Contractor have been hereunto set this day of, THIS FORM MUST BE NOTARIZED Contractor By: Title: CVWD RMA Phase 4A Road and Infrastructure Project 34 BID DOCUMENTS

37 CARPINTERIA VALLEY WATER DISTRICT RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 0-0 STANDARD SPECIFICATIONS 0-1 GENERAL Except as modified herein, the provisions of the 2009 edition of the "Standard Specifications for Public Works Construction," (SSPWC) and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, will constitute the Standard Specifications for this project. The following pages of modifications and additions to the Standard Specifications will be referred to as the Special Provisions. 0-2 NUMBERING OF SECTIONS The numbering of Subsections 1 through 600 in these Special Provisions is compatible with the numbering in the SSPWC. 0-3 MODIFICATIONS The Subsections numbered 1 through 600 which follow either replace, modify, or add to sections of like number in the SSPWC. Subsections numbered 700 and above may modify Subsections in the SSPWC. To the extent of any conflict with the SSPWC, these provisions will take precedence. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the SSPWC Additional Definitions Acceptance The recordation date of the Notice of Completion as recorded by the Carpinteria Valley Water District with the County Recorder's Office. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Board of Directors - The body constituting the awarding authority of the District. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 35 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

38 Compensable Delay - a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. District, CVWD -Carpinteria Valley Water District represented as designated by the Board of Directors Due Notice - A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer. Engineer- The CVWD Engineer, Robert McDonald or his designee. Geotechnical Engineer Earth Systems, Southern California. Project Surveyor Cardenas and Associates Surveying, Inc. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. State Standard Specifications - State of California Standard Specifications, dated 2010, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non-working in accordance with Subsection 6-7, "Time of Completion." 1-3 ABBREVIATIONS The following subsection is added to Subsection 1-3 of the SSPWC The following abbreviations are added to Subsection 1-3 of the SSPWC: AAN AGC AISC APWA ASA ASME CVWD IEEE NEC American Association of Nurserymen Associated General Contractors of America American Institute of Steel Construction American Public Works Association American Standard Association American Society of Mechanical Engineers Carpinteria Valley Water District Institute of Electric and Electronic Engineers National Electric Code RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 36 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

39 RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 37 STANDARD SPECIFICATIONS SPECIAL PROVISIONS SSPWC Standard Specification for Public Works Construction, 2009 edition, prepared by Southern California Chapters of AGC and APWA SSP State of California Standard Plans, 2010 edition SSS State of California Standard Specifications, 2010 edition SECTION 2 SCOPE AND CONTROL OF WORK The following subsections and are added to the SSPWC. 2-1 AWARD AND EXECUTION OF THE DOCUMENTS Access to Project Site Not later than the date designated in the current Contract Schedule submitted by the Contractor, the District will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor s use Ownership and Use of Contract Documents The Contract Documents and all copies furnished to or provided by the Contractor are the District s property and may not be used on other work. 2-3 SUBCONTRACTS General Subsections General and Status of Subcontractors, of SSPWC are deleted in their entirety and replaced with the following subsection. Except as provided in Section 4100 et. seq. of the Public Contract Code, each bidder shall file with its bid the name and location of the place of business of each subcontractor who shall perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor shall be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself.

40 The Contractor shall have the written consent of the Board of Directors to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of 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 in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Board of Directors setting forth the facts constituting the emergency or necessity. Violation of any of the above provisions will be considered a breach of the contract, and the District may terminate the Contractor s control over the Work, cancel the contract, or assess the Contractor a penalty of not more than ten percent of the subcontract involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The District 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. The Engineer may report the facts to the Board of Directors. If the Board of Directors so orders, and on receipt by the Contractor of written instructions from the Engineer, the subcontractor will be removed immediately from the Work. That subcontractor shall not again be employed on the Work Additional Responsibility Add the following to Subsection Additional Responsibility: The Contractor shall submit experience statements on the form provided in the Bid Documents for each subcontractor who will perform contract work that amounts to more than ten percent (10%) of the Work. Add the following Subsection: Termination of Unsatisfactory Subcontractors Should any subcontractor or sub-subcontractor fail to perform in a satisfactory manner as determined by the Engineer, such subcontractor or sub-subcontractor shall be terminated immediately by the Contractor upon written notice from the Engineer or such sub-subcontractor shall be terminated by the subcontractor at the direction of the Contractor upon written notice from the Engineer. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 38 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

41 2-4 CONTRACT BONDS The following paragraph is added to Subsection 2-4 of the SSPWC: The Contractor shall provide for the Performance Bond to be paid up and in effect for one year after the acceptance of the job by the District in accordance with the guarantee required by Subsection PLANS AND SPECIFICATIONS General Subsection of the SSPWC is replaced by the following subsection. The Contractor shall maintain the following at the Work site: 1. One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. 2. The current accepted Contract Schedule. 3. Shop Drawings, Product Data, and Samples. 4. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor shall be responsible for the resulting losses, including, without limitation, the costs of correcting defective work Precedence of Contract Documents The following paragraph is added to subsection of the SSPWC: RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 39 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

42 2-5.3 Submittals As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and plans to a large scale shall be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor shall apply to the Engineer for such further explanations as may be necessary, and shall conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications shall be of like effect as if shown or mentioned in both. See Section herein Accuracy of Plans and Specifications Although it is believed that much of the information pertaining to conditions that may affect the cost of the Work is shown on the Plans or indicated in the Specifications, the District does not warrant the completeness or accuracy of such information. The Contractor shall carefully study and compare each of the Contract Documents with the others and with information furnished by the District and shall promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the SSPWC Additional Work Areas and Facilities When the Contractor arranges for additional temporary work areas and facilities, the Contractor shall provide the District with a copy of the signed agreement with the landowner prior to utilization of the property and written proof satisfactory to the District that the additional work areas and/or facilities have been left in a condition satisfactory to the owner(s) of said work areas and/or facilities before acceptance of the work. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 40 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

43 2-9 SURVEYING Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: Survey Service Construction Surveying The District will provide for a single installation of off-set construction staking to layout the work. Any re-establishment of the staking will be performed by the District authorized surveyor at the Contactor s expense. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor shall provide for resetting them and file appropriate documents with the County of Santa Barbara at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work shall be neat, legible and accurate. Copies of all computations, survey notes, and other data shall be furnished to the Engineer before beginning work that requires their use. 3-2 CHANGES INITIATED BY THE AGENCY Delete any wording that allows changes to the unit prices based on the magnitude of the change. Bidders may assume that, as a minimum, Tieback Lines A through D will be constructed in this contract with the quantities of tie-backs shown on the Plans. 3-3 EXTRA WORK Basis for Establishing Costs Mark Up Subsection (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with Regardless of ownership, the rates to be used in determining the equipment usage costs shall not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage. Subsection , Mark Up, is deleted in its entirety and replaced by the following subsection: RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 41 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

44 (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor ) Materials ) Equipment Rental ) Other Items and Expenditures To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in (a) will be applied to the Subcontractor's actual cost of such work. A markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor Daily Reports by Contractor Change the third sentence of subsection 3-3.3, Daily Reports by the Contractor, to read: Failure to submit the daily report by the close of the next working day shall waive the Contractor s right to payment for extra work for that day. Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure set forth herein. Daily Reports required by this subsection shall be made part of the Claim as supporting data for the Claim. 3-4 CHANGED CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ( changed conditions ), the Contractor shall immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection , the Contractor RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 42 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

45 shall be liable to the District for any extra costs incurred as a result of the Contractor s failure to promptly give such notice. Changed conditions shall include, without limitation, the following: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from the represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law. The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer s decision, and any dispute regarding that decision, will be made in accordance with Section 6-11 except that the Engineer will render a decision promptly. Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: 1. The information is made available for the Bidders convenience and is not a part of the Contract. 2. The District has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the District whatsoever as to its accuracy, completeness, or relevancy. 3. Bidders shall independently evaluate such information for their use and shall be solely responsible for use or interpretation of such information. Any such use or interpretation shall not be the basis of any claim against the District. 3-5 DISPUTED WORK Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the District do not reach agreement on disputed work, the District may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures established herein. Although not to be construed as RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 43 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

46 proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work as required by the Contract Documents. 4-1 MATERIALS AND WORKMANSHIP The following subsections are added to Subsection 4-1 of the SSPWC Retention of Defective Work If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the District shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions therefore in the payments due or to become due to the Contractor as the District may deem just and reasonable Manufacturer or Equipment Recommendations or Instructions Where the manufacturer of any material or equipment provides written recommendations or instructions for its use or method of installation (including labels, tags, manuals, or trade literature), such recommendations or instructions shall be followed except for where the Contract Documents specifically require deviations. If there is a conflict between the manufacturer s literature and the Contract Documents the Contractor shall seek clarification from the Engineer Inspection Requirements General Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. At the discretion of the Engineer a Certificate of Compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents shall be submitted for any materials. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 44 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

47 All other equipment items will be inspected and tested in accordance with the contract documents. The District may not provide full time inspection. The Contractor shall provide two working day minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Engineer. As a minimum, District inspection is required prior to backfilling any buried facilities. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor's cost at rates established by the District Inspection of Materials not Produced Locally SECTION 5 UTILITIES 5-1 LOCATION Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of District, and which are specified to be inspected in the contract documents, will be inspected by inspectors or testing laboratories arranged for and paid for by District. If any item inspected fails to meet the specified criteria, Contractor shall pay all costs for reinspection, and such costs may be deducted from payments due to Contractor. The following sentence is added to the second paragraph under this heading: These utility services shall be assumed by the Contractor to be present the same as those shown on the Plans. The following subsections are added to Subsection 5-1 of the SSPWC Mandatory Notification Prior to Excavation The Contractor's attention is directed to Section through 4217 of the Government Code of the State of California. These provisions include a requirement that at least two (2) working days prior to commencing any excavation "Underground Service Alert of Southern California" (USA) shall be notified by phone, toll free , for the assignment of an Inquiry Identification Number. No excavation shall commence unless the Contractor has obtained the USA Inquiry Identification Number. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 45 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

48 5-1.2 Accuracy of Utilities Information The locations of existing major utilities, whether above ground or underground, are indicated on the drawings based on information provided by the utility companies. The District does not guarantee the accuracy or completeness of this information and it is to be understood that other above-ground and underground facilities not shown on the drawings may be encountered during the course of the work. In any case, existing minor lines are not indicated. During construction, in advance of any work performed by the crew, the Contractor shall excavate and pothole existing utility facilities to verify locations and allow alignment and grade revisions if necessary. Such revisions in alignment and grade shall be approved in advance by the Engineer. If the Contractor does not perform the potholing and notify the Engineer of any conflicts sufficiently in advance (minimum 5 working days) to allow appropriate design revision to accommodate conflicts, claims for delay by the Contractor for the changed condition will be denied by the District. 5-2 PROTECTION The following subsections are added to Subsection 5-2 of the SSPWC Maintenance of Service The Contractor shall maintain service of water, sewer, power, gas, telephone and cable TV to all existing users. The Contractor shall install all piping, conduit, wire, pumps and other appurtenances as required for temporary service connections required to maintain service to existing users and shall include this cost in the bid Incorrect Location of Utilities If the Contractor, while performing the work enumerated in the contract, discovers utility facilities not identified correctly or omitted in the contract plans or specifications by the Engineer, he shall immediately notify the Engineer and utility owner in writing. 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the SSPWC Responsibility of Utility Removal or Relocation If the Engineer determines that the timely removal, repair, or relocation of existing utilities located within the project limits is required to allow for the RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 46 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

49 5-5 DELAYS intended Construction and if such utilities are not correctly identified in the contract plans or specifications by the District, the District will have the sole discretion to perform repairs or relocation work or authorize the Contractor to do such repairs or relocation. The following paragraphs are added to Subsection 5-5 of the SSPWC. Actual loss, as used in this Subsection, will be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by Subsection and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work. The following subsection is added to Subsection 5-5 of the SSPWC Calculating Idle Time Equipment idle time will be calculated in accordance with Subsection (c) and based upon the actual normal working time during which the delay condition exists, but shall in no case exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay. Worker idle time will be calculated in accordance with Subsection (a). 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections Contract Schedule The Contractor shall submit a Contract Schedule meeting the following requirements to the Engineer for review 5 working days prior to the Preconstruction Conference. The Contract Schedule shall be revised by the Contractor as necessary to be found acceptable by the Engineer in writing prior to beginning construction. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 47 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

50 6-1.2 Content of Contract Schedule The Contract Schedule, and any updated Contract Schedule, shall meet the following requirements: 1. Schedules shall be suitable for monitoring progress of the Work. 2. Schedules shall provide necessary data about the time for the Engineer s decisions. 3. Schedules shall be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedule shall represent a practical plan to complete the Work within the Contract Time. 5. Schedule shall show the critical path for completing the Work. 6. Schedule shall show and contractor shall provide a five (5) working day written notice to the Engineer prior to needing District personnel for any activity which shall include sampling and testing. 7. Schedule shall be provided on a single plan size print. Six (6) copies shall be provided for each submittal. The Engineer s review of the form and general content of the Contract Schedule and any updated Contract Schedules is for the purpose of determining if the listed requirements are satisfied Effect of Contract Schedule The Contract Schedule, and any updated Contract Schedules, shall represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 48 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

51 The Contractor shall plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor shall continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, shall coordinate and integrate such information and data into updated Contract Schedules, and shall monitor the progress of the Work and the delivery of equipment. The Contractor shall act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor shall cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer s review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the District nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. The Engineer s failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor shall perform the Work in accordance with the currently accepted Contract Schedule Schedule Updates The Contractor shall update the Construction Schedule when directed by the Engineer, or when, in the Engineer s Opinion: A. A change order significantly affects the Contract completion date or the sequence of construction approach or activities; B. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor's current accepted project Construction Schedule or; C. The Contractor falls more than ten (10) percentage points behind the schedule based on a comparison of the scheduled value of RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 49 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

52 work to be completed and the sum of the earned progress payments. The Contractor shall revise and update the Construction Schedule within the progress payment period in which the change in the schedule takes place and shall submit to the Engineer four (4) printed copies of the revised Construction Schedule with his monthly progress payment request for that period. Preparation and updating of Construction Schedule shall be performed at Contractor's sole expense. Failure by the Contractor to submit updated or revised Construction schedules when required may, at the Engineer's discretion, delay acceptance of progress payment requests by the Engineer until such updated or revised Construction Schedules have been submitted for review and have been accepted by the Engineer Schedule Delay If, in the Engineer s opinion, the Contractor has fallen behind the accepted Construction Schedule by more than fifteen (15) percentage points based on earned progress payments, the Contractor shall take steps, including, but not limited to, increasing the number of personnel, shifts, and/or overtime operations, days of work, and/or amount of construction equipment until such time as the Work is back on schedule. The Contractor shall also submit for review no later than the next request for partial payment, such supplementary schedule or schedules as may be deemed necessary to demonstrate the manner in which the rate of progress will be regained. All costs required to bring the Project back on schedule shall be borne by the Contractor without additional cost to the District. If, in the Engineer s opinion, the Contractor falls behind the accepted construction schedule, as modified by such time extensions as may have been granted by the District for unavoidable delays, by more than thirtyfive (35) percentage points based on earned progress payments, the Contractor may, at the District s sole discretion, be deemed in material breach of Contract and the Work turned over to the surety for completion within the scheduled time Commencement of Contract Time The Contract Time will commence when the District issues a written Notice to Proceed. The Work shall start within ten (10) working days thereafter and be diligently prosecuted to completion within the time provided in the Specifications. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 50 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

53 6-4 DEFAULT BY CONTRACTOR General The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will insure the District s interest, or if the Contractor is not carrying out the intent of the Contract, the District may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract Termination of Contractor s Control over the Work The District may terminate the Contractor s control over the Work without liability for damages when, in the District s opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the District s consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of termination, less damages caused to the District by the Contractor s action or inaction. In the event of such termination of control, the District may do any one, or combination of, the following: 1. Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The District may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The District may replace the Contractor with a different Contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein shall waive, or serve as a limitation upon, any additional remedy the District may have under these Contract Documents or applicable law. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 51 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

54 6-4.3 Surety s Assumption of Control Should the Surety assume any part of the Work, it shall take the Contractor s place in all respects for that part, and will be paid by the District for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the District may exclude the Surety from the premises. The District may then take possession of all material and equipment and complete the Work by District s forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the District. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the District within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection shall be in addition to all other rights and remedies available to the District under applicable law. 6-6 DELAYS AND EXTENSIONS OF TIME General Subsections to are deleted and replaced with the following subsections. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The District will not grant an extension of time for a delay by the Contractor s inability to obtain materials unless the Contractor furnishes RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 52 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

55 documentary proof satisfactory to the Engineer that the delay was unavoidable. The proof shall be provided in a timely manner in accordance with the sequence of the Contractor s operations and accepted construction schedule. Should delays be caused by events other than those included herein, the Engineer may, but is not required to, deem an extension of time to be in the District s best interests Extensions of Time If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time Payment for Delays to Contractor Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula Written Notice and Report If the Contractor desires payment for a delay or an extension of time, it shall give the Engineer written notice of such request not later than five (5) working days after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any such claim for payment or an extension of time shall be in the form required by the Claims sections of these Specifications. In no event will the District grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6-7 TIME OF COMPLETION The following subsection is added to Subsection 6-7 of the SSPWC. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 53 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

56 6-7.4 Working Hours Work on other than "working days" as defined in Paragraph or work between the hours of 5 P.M. and 7 A.M. of the following day is not permitted unless specifically required by the Contract Documents or unless the Contractor receives prior written approval from the District. Due to the residential nature of the surrounding properties no significant noise producing activity as determined by the Engineer is allowed outside of these designated working hours. All costs for overtime inspection, except those occurring as a result of overtime and shift work approved by the District in advance as a regular procedure, shall be paid by the Contractor. Overtime inspection shall include inspection required during holidays observed by the AGC and Trade Unions, Saturdays, Sundays, and any weekday between the hours of 5:00 P.M. and 7:00 A.M. Such costs will include but will not necessarily be limited to engineering, inspection, general supervision and other overhead expenses which are directly chargeable to the overtime work. All such charges will be deducted by the District from payments due the Contractor. 6-8 COMPLETION AND ACCEPTANCE The following subsections are added to Subsection 6-8 of the SSPWC Punch List Completion All punch list items shall be completed during the contract period. Failure to do so will not be considered an occasion of unavoidable delay General Guaranty The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for a period of one year from the date of acceptance of the Work. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the District, promptly make all replacements or repairs arising out of defective materials, workmanship or equipment as determined by the District, and bear the cost thereof. Such Work shall be completed in a manner satisfactory to District and within the time set forth in the Notice. The District is hereby authorized to make such replacements or repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs or has failed to complete the RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 54 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

57 Work in a manner satisfactory to the District; provided, however, that, in the case of an emergency where, in the opinion of the District, delay could cause serious loss or damage, replacements or repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety. For the purpose of this article "acceptance of the Work" shall mean the acceptance of the Work by the District in accordance with Paragraph 6-8 but not for the purpose of extinguishing any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not in fact been performed or fulfilled at the time of such acceptance, all of which covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. The effective date of acceptance of the Work and commencement of the Guaranty Period shall be the date of issue of the Notice of Completion. Release of the Contractor s bonding is subject to the District s acceptance of the Contractor s satisfaction of the above requirements. See Special Provisions for required additional or extended guaranty periods for specific work and/or products. 6-9 LIQUIDATED DAMAGES Subsection 6-9, Liquidated Damages, of the SSPWC is deleted in its entirety and replaced by the following subsections Failure to Complete Work on Time If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, damage will be sustained by the District. Since it is and will be impracticable to determine the actual damage which the District will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor shall pay to the District the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the District may deduct the amount thereof from any money due or that may become due to the Contractor under the contract Failure to Keep Traffic Lanes Open If offsite traffic lanes are not open for public use as specified herein, damage will be sustained by the District and its customers. Since it is and will be impracticable to determine the actual damage which the District RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 55 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

58 and its residents will sustain by reason of Contractor's failure to comply with the provisions of the Special Provisions of the Specifications, District and Contractor agree that Contractor shall pay to District the sum specified in the proposal for each and every hour that each traffic lane is not kept open for public use as required by the Special Provisions of the Specifications, not as a penalty, but as predetermined liquidated damages. The Contractor agrees to pay such liquidated damages as are provided for in this paragraph, and in case the same are not paid, Contractor agrees that District may deduct the amount of such liquidated damages from any money that is due or that may be due the Contractor under the contract. Section 6-11, Disputes and Claims; Procedure, is added to the SSPWC to read as follows: 6-11 DISPUTES AND CLAIMS; PROCEDURE General Claim means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the District and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the District, the design and construction consultant, their agents or employees. Claim does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations which a government agency is specifically authorized to administer, settle, or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor s Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 56 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

59 Form discovers, or reasonably should discover, the condition or event giving rise to the Claim. A Claim shall include the following: 1. A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. 3. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown of the claim is required. The breakdown shall be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim shall include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. c) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records shall be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 5 working days of the date the cost reflected in the record is incurred. At the Engineer s request, claimed extra costs may be subject to further verifications procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 57 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

60 b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor s entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor s entitlement to such an adjustment. 8. A personal certification from the Contractor that reads as follows: I,, BEING THE (MUST BE AN OFFICER) OF (GENERAL CONTRACTOR), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES DISTRICT IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE 72 AND CALIFORNIA GOVERNMENT CODE , ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND/OR OTHER SEVERE LEGAL CONSEQUENCES Claims Submitted to Engineer Within 30 days after the Claim arises, the Contractor shall submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor shall not cause any delay, cessation, or termination of the Work, but shall diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the District will continue to make payments in accordance with the Contract Documents. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 58 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

61 Claim is Prerequisite to other Remedy The Contractor understands and agrees that submitting a claim in accordance with these Specifications is an express condition precedent to the Contractor s right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law Decision on Claims The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than 10 working days after the Contractor receives the Engineer s request. The Engineer will render a decision not later than 20 working days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to 40 working days. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer s decision will be final and binding unless appealed in accordance with these Specifications. The Engineer s decision on a Claim will include a statement substantially as follows: This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within 20 working days of the date of this decision, the decision will become final and binding and not subject to further appeal Appeal of Engineer s Decision Should the Contractor dispute the Engineer s decision, then the Contractor shall appeal that decision to the District within 20 working days of receiving the Engineer s decision. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 59 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

62 Mediation Arbitration The District will address disputes or claims within 20 working days after receiving such request and all necessary supporting data. This will be the District s final decision. If the Contractor disputes the District s decision, then the Contractor shall demand alternative dispute resolution in accordance with this Section within 20 working days of the District s decision. If the District and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ( AAA ) under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the District s right to assert that claim procedures were not followed. If the District and Contractor do not agree to mediation, then disputes will be submitted to neutral non-binding (except as provided herein) arbitration. If the parties cannot agree to an alternative form of arbitration, then the arbitration will be administered by the AAA in accordance with these Specifications and the Construction Industry Arbitration Rules of the AAA then in effect. All arbitration, whether administered by the AAA or otherwise, will be heard by a single arbitrator who will be an attorney, or retired judge, with expertise in public works contracts. Unless the parties otherwise agree in writing, the arbitration decision will be made under and in accordance with California law, supported by substantial evidence, and in writing. If the total of all Claims or cross Claims submitted to arbitration exceeds $50,000, the award will contain the basis for the decision, findings of fact, and conclusions of law. If used, the AAA Construction Industry Arbitration Rules will be modified as follows: 1. Civil discovery will be permitted for the production of documents and taking of depositions. Other discovery may be permitted at the RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 60 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

63 arbitrator s discretion. All disputes regarding discovery will be decided by the arbitrator. 2. Consultants working for the District, will, if required by agreement with the District and upon District s demand, join in the arbitration. A consultant to the District, will have the same rights in any arbitration proceeding as afforded by the AAA rules to the Contractor and the District. 3. The Contractor s sureties may join in any arbitration proceeding. 4. Except as otherwise provided herein, no Subcontractor or other person will have a right or obligation to join in or be a party to any arbitration proceeding either directly, by joinder, by consolidation or actions, by counterclaim or crossclaim, or otherwise without the express written consent of the District, the Contractor, and the joining party. 5. If the total Claims are less than $50,000, then the AAA expedited procedures, as modified herein, will apply. 6. No hearing will be held before Final Completion of the Work unless the District and the Contractor otherwise agree in writing. 7. The exclusive venue for any arbitration will be in Santa Barbara County. 8. The AAA will submit simultaneously to each party to the dispute an identical list of at least 10 names of persons chosen from the National Panel of Commercial Arbitrators, and each party to the dispute will have 10 days from receiving the list in which to delete any names objected to, number the remaining names in order of preference, and return the list to AAA. If the expedited procedures of the AAA are applicable, the AAA will submit simultaneously to each party an identical list of 5 proposed arbitrators drawn from the National Panel of Commercial Arbitrators, and each party may strike 3 names from the list on a peremptory basis and return the list to AAA within 10 days from the date of receipt. The expenses and fees of the arbitrators and the administrative fees of the AAA, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 61 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

64 When Arbitration Decision becomes binding The decision rendered by the arbitrator will become binding upon the parties unless written objections are made within 20 working days of the decision. If written objections are made, then the objecting party may proceed to litigate the dispute in a court of competent jurisdiction as provided herein. If the resulting litigation results in an award to the objecting party that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonobjecting party, then the objecting party will pay the nonobjecting party s attorney s fees and court costs Appeal to Superior Court; Waiver of Jury Trial 7-2 LABOR Should a party timely object to the arbitration decision, it may file a petition with the Santa Barbara County Superior Court in accordance with California Code of Civil Procedure ( CCP ) 1285, et seq. Notwithstanding the limitations set forth in CCP , the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP , for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION BOTH THE DISTRICT AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. The following subsections are added to Subsection 7-2 of the SSPWC PREVAILING WAGES The Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It shall be the Contractor s responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at or by calling the Prevailing Wage Unit at (415) RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 62 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

65 In accordance with Section 1775 of the Labor Code, the difference between the stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof, for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. Any sums forfeited under the provisions of this section will be deducted from the payments under this contract by the District. Attention is directed to the provisions in Sections , and 3098 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or c) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or d) When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any subcontractor under him shall comply with the requirements of Sections and in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 63 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

66 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 RECORD OF WAGES PAID: INSPECTION Every Contractor and subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each workman employed by him in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the District and to the Division of Labor Law Enforcement. Upon request by the Engineer, the Contractor shall submit to the Engineer within 14 calendar days of the request, copies of Record of Wage paid (certified payroll) to each workman, including subcontractors employed by him in connection with the public works project. Payments will be withheld from Contractor for failure to keep an accurate record of wages paid and to make such records available to the City. Contractor shall not be entitled to any additional compensation from delays in payment by the City due to Contractor s failure to satisfy the above requirements. 7-3 LIABILITY INSURANCE General Subsection 7-3, Liability Insurance, of the SSPWC is deleted in its entirety and replaced by the following subsections. Contractor shall procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, his agents, representatives, employees or subcontractors: RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 64 STANDARD SPECIFICATIONS SPECIAL PROVISIONS COVERAGE PER OCCURRENCE ISO FORM COMBINED SINGLE LIMIT Comprehensive General Liability CG Rev. $2,000,000 Broad Form General Liability GL $2,000,000 Business Auto CA $2,000,000 Workers Compensation Statutory Employers Liability $2,000,000 Contractor shall provide endorsements or other proof of coverage for contractual liability.

67 Combined single limit per occurrence shall include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy shall be endorsed such that the general aggregate limit shall apply separately to this contract and a copy of the endorsement provided to the District. Liability policies shall contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The District, its officers, officials, employees, agents, advisors, Design and Construction Consultants and volunteers shall be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope or protection afforded to the District, its officers, officials, employees, agents, advisors, Design and Construction Consultants, or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the District, its officers, officials, employees, agents, advisors, Design and Construction Consultants and volunteers. Any insurance or self-insurance maintained by the District, its officers, officials, employees, agents, advisors, Design and Construction Consultants and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, its officers, officials, employees, agents advisors, Design and Construction Consultants and volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY: The insurer shall agree to waive all rights of subrogation against the District, its officers, officials, employees, agents, Design and Construction Consultants and volunteers for losses arising from work performed by the Contractor for the District. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 65 STANDARD SPECIFICATIONS SPECIAL PROVISIONS ALL COVERAGES:

68 Each insurance policy required by this subsection shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: Carpinteria Valley Water District 1301 Santa Ynez Ave Carpinteria, CA All liability insurance shall be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self-insured retentions shall be declared to and approved by District. The insurer shall provide an endorsement to District eliminating such deductibles or self-insured retentions as respects the District, its officials, employees, agents, advisors, Design and Construction Consultants and volunteers. Except for Workers Compensation/Employers Liability Insurance, Contractor shall furnish to District certificates of insurance and endorsements on forms furnished by District, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by District from time to time. Certificate/endorsement for Workers Compensation/Employers Liability insurance shall be furnished on State Comp Fund or other industry standard form. Except for worker s compensation insurance, all insurance required herein shall be placed with insurers with a Best's Rating of not less than A:VII. Worker s compensation insurance policies shall meet the requirements of California law. All subcontractors employed on the work referred to in this contract shall meet the insurance requirements set forth for Contractor. Contractor shall furnish certificates of insurance and endorsements for each subcontractor at least five days prior to the subcontractor entering the job site, or Contractor shall furnish District an endorsement including all subcontractors as insureds under its policies. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 66 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

69 Except as provided in Subsection 6-10, the Contractor shall save, keep and hold harmless the District, its officers, officials, employees, agents, Design and Construction Consultants and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The District shall not be liable for any accident, loss or damage to the work prior to its completion and acceptance, except as provided in Subsection The cost of such insurance shall be included in the Contract Lump Sum Price for Mobilization/Demobilization. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that District may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor Responsibility for Damage In addition to the provisions of Subsection 7-3 of the SSPWC as between the District and Contractor, Contractor shall take and assume all responsibility for the work as stated herein and/or shown on the plans. The Contractor shall bear all losses and damages directly or indirectly resulting to him, to the District, its officers, employees, Design and Construction Consultants and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents or any other causes whatsoever. The Contractor shall assume the defense of and indemnify and save harmless the Carpinteria Valley Water District, its officers, employees, Design and Construction Consultants and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code section 2782, nothing in this Subsection or in Subsection 7-3 of the Standard Specifications shall require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the District, or its agents, servants or Design and Construction Consultants who are directly responsible to the District, or for defects in design furnished by such persons. Moreover, nothing in this Subsection or RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 67 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

70 7-5 PERMITS RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 68 STANDARD SPECIFICATIONS SPECIAL PROVISIONS in Subsection 7-3 shall apply to impose on the Contractor, or to relieve the District from, liability for active negligence of the District. The District does not, and shall not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the District, or deposit with District by Contractor, of any insurance policies hereinafter described in Subsection 7-3 of the Standard Specifications. The aforesaid hold harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the District, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. The following paragraphs are hereby added to Subsection 7-5 of SSPWC: Except as otherwise indicated, the CVWD has obtained permits for this project and any conditions relating to this project are included on the Plans or herein including Appendix D. The Contractor shall submit to the Engineer a map of their proposed haul route(s) along with an application for a City of Carpinteria and/or County permits for overweight and oversized vehicles in compliance with City and County requirements. The Contractor shall not proceed with exporting or importing material before obtaining approval of the haul route and obtaining an overweight and oversized vehicle permit. Any delay in acquiring an overweight and oversized vehicle permit will be at the Contractor s expense and no additional working days will be granted. Access to the freeway for vehicles larger than a standard crew truck or vehicles with trailers shall be as shown on the Haul Route Map attached as Appendix C. All other permits for the work shall be obtained by the Contractor including payment for all bonding and fees including overweight and oversized vehicle permits. Inspection permit fees or other fees charged or required for such permits shall be paid by the Contractor. Costs of permits not provided by the District including bonding and the cost of compliance with the permit conditions shall be included in the Contract Lump Sum for Mobilization/Demobilization except those

71 conditions that are related to the SWPPP which shall be included under the QSP s direction in the Contract Lump Sum for implementation of the SWPPP Program. 7-6 THE CONTRACTOR'S REPRESENTATIVE Add the following language: The Contractor's representative shall be designated at the preconstruction conference and cannot be changed thereafter without the consent of the Engineer. Add: the following paragraphs to Section 7-6, The Contractor's Representative Pre-Construction Conference A pre-construction conference will be held at a time and place to be designated by the Engineer. The Contractor's project manager and representatives of significant sub-contractors for this project shall attend. The Engineer will advise the Contractor as to which sub-contractors are deemed significant. Note that the project schedule is required to be submitted five (5) working days prior to the Pre-Construction Conference Weekly Meetings Engineer will hold weekly progress meetings. The Contractor's Representative and project representatives from the active subcontractors shall attend these meetings. The Contractor shall be prepared to address any outstanding issues from previous meetings and provide a list of activities from the previous week and a forecast of tasks to be accomplished in the following two weeks. The Engineer will prepare agendas and minutes for these meetings. 7-8 PROJECT SITE MAINTENANCE Cleanup and Dust Control Subsection 7-8.1, Cleanup and Dust Control, of the SSPWC is deleted in its entirety and replaced by the following subsections Work Area Appearance The Contractor shall maintain a neat appearance to the Work. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 69 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

72 Watering All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location and be disposed of in a proper and legal manner. The Contractor shall prevent dust, grit, excessive noise, and other nuisances in and around the work areas during the entire contract period, including holidays and weekends. At the end of each work day, the Contractor shall sweep the affected streets clean of all sand, gravel, base and other debris originating from the project utilizing a vacuum type sweeper acceptable to the Engineer. The Contractor shall dispose of all excess excavated materials daily and bear all costs or retain any profit incidental to such disposal. No additional compensation will be allowed. If the Contractor fails to maintain a clean site and control dust in accordance with these contract specifications, the Board reserves the right to hire another contractor or agency to perform this work and deduct the resulting cost plus District overhead from the total contract price at final payment. Water for control of dust caused by Contractor's operations or the passage of traffic through the work area shall be obtained and applied by the Contractor as necessary and as directed by the Engineer. Water for the above or other purposes may be obtained from any source approved in advance by the Engineer. Water shall not be used on streets to remove soil or construction debris. A vacuum-type street sweeper shall be used to clean the streets as required herein. If the Contractor chooses to use a District fire hydrant, he shall apply for the use of a district meter and pay the $800 fee, $350 service charge and $5.30/HCF of water used. Costs of water metering shall be included in the price of the appropriate bid items Diversion and Control of Water This section covers the diversion and control of all water entering into the construction area or otherwise affecting construction activities. All permanent construction shall be performed in a site free from water unless otherwise provided for in the Special Provisions. The Contractor shall construct, maintain and operate all necessary cofferdams, pumps, channels, flumes, drains and/or other temporary diversion and protective works required for diversion and control of all water, whatever its source. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 70 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

73 See Section for trench dewatering requirements. Inundation of partially completed work due to lack of control during non-working periods will not be permitted and may be cause for requiring removal of work already completed with replacement at the Contractor's expense. It shall be understood and agreed that the Contractor shall hold the agency and the engineer harmless for legal action taken by any third party with respect to construction and operations of the diversion and protective work. All work installed by the Contractor in connection with the watering, control and diversion of water, but not specified to become a permanent part of the project, shall be removed and the site restored to its original condition as determined by the Engineer before completion of construction or when directed by the Engineer. Payment for this work will be considered to be included in the payments made for the other items of contract work in which water control is incidental PUBLIC CONVENIENCE AND SAFETY Safety Subsection , Safety of the SSPWC is hereby deleted in its entirety and replaced by the following subsection. The Contractor shall have at the site copies or suitable extracts of Construction Safety Orders, and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Where required by these regulations the Contractor shall obtain all necessary permits from the Sate Division of Industrial Safety. The Contractor shall bear full responsibility for safety at the construction site including the safety of employees of the Contractor, members of the public, and any other personnel associated with the project. Additionally the Contractor shall establish a safety plan specifically for this project and provide a copy to the Engineer prior to beginning construction. Failure to provide this plan shall be cause for the District to delay construction start at the Contractor s expense. The cost of compliance with these requirements shall be included in the Contract Lump Sum for Mobilization/Demobilization. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 71 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

74 7-15 HAZARDOUS MATERIAL The following Subsection is added to Section 7 of the SSPWC: For any excavation which extends more than four feet below existing grade, the Contractor shall promptly, and before the conditions are disturbed, notify the District, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Section of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 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 Documents. Upon notification by the Contractor that any of the conditions described above exist, the District will promptly investigate. The rights and obligations of the District and the Contractor with regard to said conditions (including, but not limited to, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3-4 (Changed Conditions) of the SSPWC. If a dispute arises between the District and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the SSPWC. If the District determines that material called to the District's attention by the Contractor is hazardous waste, or if the District otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the District, subject to the provisions of Section 3 (Changes in Work) of the SSPWC. 8 FACILITIES FOR AGENCY PERSONNEL Not required for this project. 9-2 LUMP SUM WORK Subsection 9-2, Lump Sum Work, of the SSPWC is deleted in its entirety and replaced by the following: RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 72 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

75 Items for which quantities are indicated as "Lump Sum", "L.S." or LS will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor shall furnish three copies of a detailed schedule which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work and shall be submitted to the Engineer for review and revisions made to allow acceptance by the Engineer prior to submittal of the first progress payment request. 9-3 PAYMENT Partial and Final Payments The third paragraph of Subsection of the SSPWC, Partial and Final Payment, is deleted and is replaced by the following paragraph: From each progress estimate, 10% will be deducted and retained by the District, and the remainder, less the amount of previous payments, will be paid to the Contractor. All retained amounts will be paid to the Contractor on the first working day following 35 days after the date of recordation of the Notice of Completion for the work. Pursuant to Public Contracts Code ( PCC ) 22300, the Contractor may substitute securities for retention monies held by the District or request that the District place such monies into an escrow account. The Contractor is notified, pursuant to PCC 22300, any such election will be at the Contractor s own expense and will include costs incurred by the District to accommodate the Contractor s request. A new paragraph is added to Subsection of the SSPWC, Partial and Final Payment, to read as follows: Progress payment paid by the District as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 73 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

76 Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the District withholding partial payment, without liability to the District, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. Final payment will not be made until all punch-list items and record drawings are satisfactorily completed, and all Operation and Maintenance Manuals and other specified submittals are submitted to and accepted by the Engineer TERMINATION OF AGENCY LIABILITY Before receiving final payment, the Contractor shall execute a Release on Contract" form which shall operate as, and shall be a release to the District, the Board of Directors, and each member of the Board of Directors, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the District of any person relating to or affecting the work, except the claim against the District for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims Measurement and Payment A payment of $1.00 will be made to the Contractor for executing this document. ***END OF SECTION*** RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 74 STANDARD SPECIFICATIONS SPECIAL PROVISIONS

77 SECTION 700 GENERAL DESCRIPTION OF BID ITEMS A. Compensation for the work described in the following items shall include all costs for completed work in-place as deemed acceptable by the Engineer including furnishing of all materials, tools, equipment, supplies, transportation, facilities, labor, supervision, coordination with the District and other contractors, compliance with all permits and means and methods to perform the work all as required by the Contract Documents. 1. Payment for Bid Item No. 1 will be made on a Lump Sum basis for the amount indicated on the Proposal Form for Mobilization/Demobilization and shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to and from the project site. Mobilization shall additionally include insurance, bonding, the establishment of any temporary facilities (not covered as a separate bid item), the submittal (and re-submittal as necessary) of a detailed construction schedule, preconstruction videotaping, preparation of record drawings acceptable to the Engineer, Safety and Health requirements, location of existing utilities, pre-construction and weekly meetings, responsibility for jobsite conditions, permit fees and compliance with permit conditions not covered by a separate bid item. Demobilization shall additionally include the removal of temporary facilities (not covered as a separate bid item) and final clean-up. Any other costs of work in advance of construction operations or for completion of operations and vacating the site and not directly attributable to any specific bid item shall be included in the item Mobilization/Demobilization. The fixed price set forth in the Proposal shall be split 90/10 (90 percent mobilization, 10 percent demobilization). The bidder s price for this item shall be fixed as 10% of the Total Bid Price 2. Payment for Bid Item No. 2, will be made on a Lump Sum basis for Clearing and grubbing, including proper disposal of organic materials offsite. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 75 GENERAL SPECIAL PROVISIONS

78 3. Payment for Bid Item No. 3, will be made on a time and materials basis up to the fixed Lump Sum amount indicated in the bid form for implementation of the SWPPP Program as directed by the QSP. 4. Payment for Bid Item No. 4, will be made on a Lump Sum basis for earthwork including cut, fill, compaction, moving of material including all boulder removals and filling of voids with clean, compacted fill; hauling and proper disposal of excess soils and boulders/stones. 5. Payment for Bid Item No. 5 will be made on a Lump Sum basis for construction water development and transporting water from the fire hydrant at the CVWD Foothill Tank. 6. Payment for Bid Item No. 6 will be made on a Unit Price basis for construction of each Line A tie-back including drilling, placing and grouting of tie-back, construction of anchor blocks and testing of assembly. 7. Payment for Bid Item No. 7 will be made on a Unit Price basis for construction of each Line B tie-back including drilling, placing and grouting of tie-back, construction of anchor blocks and testing of assembly. 8. Payment for Bid Item No. 8 will be made on a Unit Price basis for construction of each Line C tie-back including drilling, placing and grouting of tie-back, construction of anchor blocks and testing of assembly. 9. Payment for Bid Item No. 9 will be made on a Unit Price basis for construction of each Line D tie-back including drilling, placing and grouting of tie-back, construction of anchor blocks and testing of assembly. 10. Payment for Bid Item No. 10 will be made on a Unit Price basis for each additional foot of unbounded length for any tie-back line. 11. Payment for Bid Item No. 11 will be made on a Unit Price basis for each additional foot of bonded length for any tieback line 12. Payment for Bid Item No. 12 will be made on a Unit Price basis for each additional foot of length of tie-back anchor. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 76 GENERAL SPECIAL PROVISIONS

79 13. Payment for Bid Item No. 13 will be made on a Unit Price basis for each additional foot of width of tie-back anchor 14. Payment for Bid Item No. 14 will be made on a Unit Price basis for each foot of temporary tie-back casing for any tieback line B. All work specified in the Contract Documents shall be included in the Bid Price. If required work is not specifically listed then its costs shall be included in the item above that most closely fits the work category RECORDING EXISTING CONDITION General A minimum of one week prior to start of construction, the Contractor shall video all areas where construction is to take place and all haul routes. The Contractor shall provide minimum two working days notice to the Engineer prior to beginning the videotaping. Such video data shall be provided to the Engineer before construction commences. This data shall serve as a record of the existing conditions for disputes arising from restoration, and should therefore cover the construction area, site access and staging areas in sufficient detail to clearly depict details of existing conditions. The video data shall be provided on CD or DVD media in a common format. All video data shall be indexed and catalogued in such a manner that each photographed area is readily identifiable, and shall also indicate the date and time (hour, minutes) on which the photograph was made. The Contractor shall also video any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of video data, the area shall be restored as required by the Engineer at Contractor's expense. All video data shall become the property of the District Measurement and Payment Measurement for providing video data shall be the same as for Mobilization/Demobilization and payment shall be included in the contract lump sum price for Mobilization/Demobilization DOCUMENTATION SUBMITTAL Scope Subsection 2-5.3, Shop Drawings, of the SSPWC is deleted in its entirety and replaced by the following subsection: RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 77 GENERAL SPECIAL PROVISIONS

80 The Contractor shall review, mark with approval and submit for review by the Engineer all documentation required by the Contract Documents. Unless otherwise approved by the Engineer, five (5) sets of documentation shall be submitted to the Engineer and be accompanied by a letter of transmittal listing the drawings submitted. Documents shall show the name of the project, the name of the Contractor, and, if any, the names of suppliers, manufacturers, and subcontractors. Documents shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work. Documents shall be complete in all respects. If they show any deviations from the requirements of the plans and specifications 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 documents, the Contractor represents that material, equipment, and other work shown thereon conforms to the plans and specifications, except for any deviations set forth in the letter of transmittal. Drawings required for conventional manufactured equipment may be brochures or catalog sheets but must show all necessary dimensions required for proper installation, operation and maintenance of the equipment. Faxed documents will not be accepted. The Engineer will, within three weeks of document receipt, return two of the copies to the Contractor with any comments noted thereon. If so noted by the Engineer, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original resubmittal. The Contractor in the letter of transmittal accompanying resubmitted documents shall direct specific attention to revisions other than the corrections requested by the Engineer on previous submittals. The review by the Engineer is only for general conformance with the design concept of the project, and general compliance with the plans and specifications 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 coprocesses and techniques of construction; and performing the work in a safe manner. No portion of the work requiring a document submittal shall commence until the submittal has been reviewed by the Engineer and returned to the Contractor with a notation indicating that resubmittal is not required. Any commitment made by the Contractor to purchase unapproved items shall be the Contractor's sole responsibility. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 78 GENERAL SPECIAL PROVISIONS

81 If the Contractor believes that any document or communication relative thereto calls for changes in the work for which the contract amount or time for completion should be changed, the Contractor shall not proceed with the changes in the work so called for and shall promptly notify the Engineer in writing of the estimated changes in the contract amount and time for completion believed to be appropriate. No payment for changes in the work will be made and no change in the time for completion by reason of changes in the work will be made, unless the changes are covered by a written change order approved by the Engineer in advance of the Contractor's proceeding with the changed work Measurement and Payment Payment for all work associated with documentation submittal shall be paid for as part of the contract price for the pertinent materials and/or equipment RECORD OF CONSTRUCTION CHANGES General Recording The Contractor shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for providing a basis for construction record drawings. The purpose of record drawings is to provide factual information regarding all aspects of the work, both concealed and visible, to enable future modifications of the work to proceed without lengthy and expensive site measurement, investigation, and examination. The Contractor shall use a job set of contract drawings, clearly labeled Record Drawings, to record all changes in construction. The Contractor shall not conceal any work until required information is recorded. Completely, accurately, and legibly record, to the satisfaction of the Engineer, all deviations in construction, especially pipe and conduit locations, and any deviations caused by approved changes and/or clarifications to the work. Use additional copies of prints, if necessary, to insure legible recording of data and date all entries. Call attention to the entry by drawing a cloud around the area affected. In case of overlapping changes, use different colors for each change. Legibly mark the job set of record drawings to document actual construction: RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 79 GENERAL SPECIAL PROVISIONS

82 RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 80 GENERAL SPECIAL PROVISIONS 1. Depths of various elements of foundation in relation to finish structural slabs or decks. 2. Horizontal and vertical locations of underground utilities and appurtenances references to permanent surface improvements. 3. Locations of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Changes made reflecting approved changes to the work. 5. Details not on original contract drawings Conversion of Schematic Layouts Submittals In some cases on the drawings, arrangements of conduits, circuits, piping, ducts, and similar items are shown schematically and are not intended to portray precise physical layout. The final physical arrangement is determined by the Contractor, subject to the approval of the Engineer, and shall be accurately recorded by the Contractor on the construction record drawings. Show on the job set of record drawings, by dimension accurate to oneinch, the centerline of each run of all piping, conducts, ducts writing not otherwise located by Design Details. 1. Clearly identify the item by accurate note such as PVC drain, or 30-inch Effluent Line, etc. 2. Show by symbol or note the vertical location of the item ( 6 inches below slab, exposed, etc.). 3. Make all identification sufficiently descriptive that it may be related reliably to the Specifications. The Contractors shall submit a complete set of record drawings acceptable to the Engineer not later than 10-days after final inspection along with a letter which declares that other than these noted changes, the Project was constructed in conformance with the Contract Documents Measurement and Payment Measurement for providing Construction Record Drawings shall be the same as for Mobilization/Demobilization and payment shall be included in the contract lump sum price for Mobilization/Demobilization.

83 700-5 DEWATERING General Equipment All excavations shall be kept free from water and all construction shall be under dry conditions. The boring logs in the Geotechnical Study show the anticipated level of groundwater at the time and in the location of the borings, but this level will vary due to onsite, offsite and weather conditions. The Contractor shall furnish, install, maintain, and operate all necessary pumping and other equipment for dewatering all excavations. The Contractor shall at all times have on the project sufficient pumping equipment for immediate use, including standby pumps for use in case other pumps become inoperable. Provide a sufficient number of pumps so as to hold the groundwater level at an elevation of not less than 1 foot below the lowest elevation of the pipe, structure or other material to be placed. Pumping and power generation equipment shall not exceed a continuous noise level of 60 db at 50 feet Operation Dispose of water in such a manner as to cause no injury or nuisance to public or private property, or be a menace to the public health. The dewatering operation shall be continuous, so that the excavated areas shall be kept free from water during construction, while concrete is setting and achieves full strength, and until backfill has been placed to a sufficient height to anchor the work against possible floatation. Continue dewatering during backfilling operations such that the groundwater is at least one foot below the level of the compaction effort at all times. No compaction of saturated materials will be allowed. Dewatering devices must be adequately filtered to prevent the removal of fines from the soil. Water shall be controlled and directed in accordance with the SWPCP. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 81 GENERAL SPECIAL PROVISIONS

84 Prevent disposal of sediments from the soils to adjacent lands or waterways by employing whatever methods are necessary, including settling basins. The Contractor shall be responsible for any damage to the foundations or any other parts of existing structures or of the new work caused by failure of any part of the Contractor's protective works. After temporary protective works are no longer needed for dewatering purposes, they shall be removed by the Contractor Measurement and Payment Measurement and payment for Dewatering shall be as described and included in the pay item for the pertinent work PRODUCT OPTIONS AND SUBSTITUTIONS A. Products specified by reference standards or by description only may be any product that the Engineer accepts as meeting those standards or description. B. Products specified by naming one or more manufactures shall be products of manufacturers named and meeting specifications. No substitutions allowed. C. For products specified by naming one or more manufacturers with a provision for substitution of an "equivalent" product, submit a request for substitution for any manufacturer not named. D. The Engineer will consider requests for substitution only when such requests are accompanied by full and complete technical data and all other information required to evaluate the requested substitution as determined by the Engineer. The submittal shall also include an itemized comparison of features of the proposed substitution with the product specified, including effect on contract schedule, design or artistic effect, if applicable, and accurate comparative cost data. Cost data is to be submitted whether or not modification of the contract sum is to be a consideration. Incomplete submittals will result in denial of the substitution. E. Substitutions will generally not be considered if they require a substantial expenditure of time by the Engineer for their evaluation or will require a substantial revision to the Contract Documents to accommodate their use. F. If, in the Engineer's opinion, the proposed substitution will require substantial evaluation effort and the Contractor wishes to pursue RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 82 GENERAL SPECIAL PROVISIONS

85 the substitution, the contractor shall agree in writing to allow reduction in his payment to compensate Engineer and his consultants for the evaluation of the substitution whether or not the Engineer eventually agrees to accept the substitution. The Engineer's cost will be calculated at the rate of two and one-half times the direct cost to the Engineer and his consultants for all time spent by them in evaluation of the proposed substitution and for revising Contract Documents to incorporate changes in any and all parts of the work and for extra costs in reviewing submittals. ***END OF SECTION*** NOTE: THE REMAINING SPECIAL PROVISIONS ARE PROVIDED ON SHEET S-1 OF THE PLANS RMA PHASE 4C LANDSLIDE MITIGATION PROJECT 83 GENERAL SPECIAL PROVISIONS

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87 APPENDICES A. Geotechnical Engineering Report No by Earth Systems Southern California dated March 24, B. Geotechnical Engineering Report No by Earth Systems Southern California dated April 17, C. Highway 101 Access Map Revised February 20, D. Project Permit Conditions. RMA PHASE 4C LANDSLIDE MITIGATION PROJECT APPENDIX

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89 APPENDIX A Geotechnical Engineering Report No by Earth Systems Southern California dated March 24, 2008 RMA PHASE 4C LANDSLIDE MITIGATION PROJECT APPENDIX

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113 APPENDIX B Geotechnical Engineering Report No by Earth Systems Southern California dated April 17, 2008 RMA PHASE 4C LANDSLIDE MITIGATION PROJECT APPENDIX

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117 APPENDIX C Highway 101 Access Map Revised February 20, 2013 RMA PHASE 4C LANDSLIDE MITIGATION PROJECT APPENDIX

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