AG-9104-S-09-0003.rtf

AG-9104-S-09-0003

HYPERLINK \l "_Toc228249888" Section A--Solicitation/Contract Form 3 52.211-10 Commencement, Prosecution, and Completion of Work. APR 1984……………………….. 7 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment…............…...7 Opportunity for Construction HYPERLINK \l "_Toc228249889" 52.225-9 Buy American Act - Construction Materials (FEB 2009)………………………………………8 52.225-10 Notice of Buy American Act Requirements - Construction Materials (FEB 2009)……..…11 52.236-1 Performance of Work by the Contractor (SEP 2006)…………………………………………12 HYPERLINK \l "_Toc228249892" Section B - Supplies or Services/Prices…………………………………………………………………...13 4I.52.214-1 Award Restrictions (AUG 1987)……………………………………………………………..14 Section C--Description/Specifications…………………………………………………………………….15 452.211-72 Statement of Work/Specifications (FEB 1988)……………………………..………………15 HYPERLINK \l "_Toc228249895" 452.211-73 Attachments to Statements of Work/Specifications (FEB 1988)…….……………………..15 HYPERLINK \l "_Toc228249896" Section H--Special Contract Requirements………………………………………………………………16 H.1 Insurance, Indemnification and Additional Insured – Los Angeles………………………………16 Department of Water and Power. (APR 2009) H.2 Geotechnical Reports. (APR 2009)………………………………………………………………….16 H.3 Definitions. (APR 2009)………………………………………………………………………………17 H.4 Indemnification of the Department of Water and Power and other affected parties……………17

(APR 2009)

H.5 Authority of the Engineer. (APR 2009)……………………………………………………………..18 H.6 Police and Sanitary Regulations. (APR 2009)………………………………………………………19 H.7 Permits and Licenses. (APR 2009)…………………………………………………………………..19 H.8 Notification for Inspection of Work. (APR 2009)…………………………………………………..20 H.9 Correspondence. (APR 2009)………………………………………………………………………..20 H.10 Special Inspectors. (APR 2009)…………………………………………………………………….22 H.11 Clarifications. (APR 2009)………………………………………………………………………….22 H.12 Scope of Work. (APR) 2009)..……………………………………………………………………...22 H.13 Weather Days. (APR 2009)..……………………………………………………………………….22 H.14 Printed Documents. (APR 2009)..………………………………………………………………….23 H.15 Insurance. (APR 2009)……………………………………………………………………………...23 H.16 Fire Safety. (APR 2009)……………………………………………………………………………..26 H.17 Preconstruction Meeting. (APR 2009)..…………………………………………………………...26 H.18 Contractor's Purchase Orders. (APR 2009)……………………………………………………….26 H.19 Lines, Grades, and Measurements. (APR 2009)..………………………………………………...26 H.20 Identification of Contractor's Employees at Department Property. (APR 2009)………………27 H.21 Utility Services. (APR 2009)………………………………………………………………………..27 H.22 Compliance with Air Pollution Rules and Regulations. (APR 2009)…………………………….27 H.23 Daily Construction Reports. (APR 2009)………………………………………………………….28 H.24 Personnel Other Than Contractor's. (APR 2009)………………………………………………...28 H.25 Storage of Materials. (APR 2009)………………………………………………………………….29 H.26 Subsurface Explorations and Physical Conditions. (APR 2009)…………………………………29 H.27 Record Documents. (APR 2009)……………………………………………………………………29 H.28 Construction Access. (APR 2009)………………………………………………………………….29 HYPERLINK \l "_Toc228249897" Section I--Contract Clauses 30 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. …………...32

(JUL 2005)

HYPERLINK \l "_Toc228249898" 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (DEC 2004) 33 52.228-1 Bid Guarantee (SEP 1996)………………………………………………………………………35 52.252-2 Clauses Incorporated by Reference (FEB 1998)………………………………………………36 452.232-70 Reimbursement for Bond Premiums - Fixed Price ………………………………………..36 Construction Contracts. (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988)………………………………………………..36 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)…………………………...36 452.236-75 Maximum Workweek - Construction Schedule (NOV 1996)……………………………...36

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452.236-76 Samples and Certificates (FEB 1988)……………………………………………………….37 4I-52.232-72 Other Invoicing Requirements Under Prompt Payment for……………………………..37 Construction Contracts. (JUL 1993) 4I-52.249-70 Time Extensions for Unusually Severe Weather . (JUL 1993)…………………………..38 Section J--List of Documents, Exhibits and Other Attachments………………….……………………39

Section L--Instructions, Conditions, and Notices to Bidders……………………………………………44 52.216-1 Type of Contract (APR 1984)…………………………………………………………………..44 52.233-2 Service of Protest (SEP 2006)…………………………………………………………………..44 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)……………………………..44 452.204-70 Inquiries (FEB 1988)…………………………………………………………………………45 452.228-70 Alternative Forms of Security (NOV 1996)…………………………………………………45

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Section A--Solicitation/Contract Form

52.211-18 Variation in Estimated Quantity. (APR 1984)

52.214-18 Preparation of Bids - Construction. (APR 1984)

52.214-19 Contract Award - Sealed Bidding - Construction. (AUG 1996)

52.214-34 Submission of Offers in the English Language. (APR 1991)

52.214-35 Submission of Offers in U.S. Currency. (APR 1991)

52.222-27 Affirmative Action Compliance Requirements for Construction. (FEB 1999)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.232-5 Payments under Fixed-Price Construction Contracts. (SEP 2002)

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991) Alt I. (NOV 1991)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate I (APR 1984)

52.242-14 Suspension of Work. (APR 1984)

52.246-12 Inspection of Construction. (AUG 1996)

52.248-3 Value Engineering - Construction. (SEP 2006)

52.249-10 Default (Fixed-Price Construction). (APR 1984) -6-

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 142 calendar days after receipt of the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction. (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

All Trades 28.3 percent

Goals for Female Participation for Each Trade

All Trades 6.9 percent

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

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(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is the County of Los Angeles, California.

(End of provision)

52.225-9 Buy American Act - Construction Materials. (FEB 2009)

(a) Definitions. As used in this clause -

"Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

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"Cost of components" means -

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:

none

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that -

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

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(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including -

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

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Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1:

Domestic construction material

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

52.225-10 Notice of Buy American Act Requirement - Construction Materials. (FEB 2009)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested -

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

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Section B—Supplies or Services/Prices

BID SCHEDULE

HOLLYWOOD RESERVOIR LAKERIDGE DRIVE

LANDSLIDE AND SLOPE RESTORATION

EMERGENGY WATERSHED PROJECT

lOS ANGELES County, CA.

Bid Unit Item Work Item Quantity Unit Price Amount

1. Mobilization for 1 Job Lump Sum $ Construction (F01200)

2. Additional Cost for 1 Job Lump Sum $ Department Insurance (See Clause H.15)

3. Fill for Northern Slide #3, 39,000 CY $________ $ Middle Slide #4, Southern Slide #5 (F02300)

4. Site Clearing and Structure 1 Job Lump Sum $ Removal (F02230)

5. Auger 18, pilot holes 24 – 36” 648 LF $________ $ Diameter (F02466)

Furnish and install 48” diameter 1,192 LF $________ $

Reinforced concrete piles as Shown on the drawings (F02466)

7. Furnish and install 60” diameter 504 LF $________ $ Reinforced concrete piles as Shown on the drawings (F02466)

8. Control of Water (F01563) 1 Job Lump Sum $

9. Excavation support and protection 1 Job Lump Sum $ (F02260)

10. Project Controls (F01560) 1 Job Lump Sum $

11. 6” diameter, French Drain and 929 LF $________ $ Perforated PVC Pipe (F15205)

12. 4” diameter, French Drain and 1,662 LF $________ $ Perforated PVC Pipe (F15205)

TOTAL $

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4I.52.214-1 Award Restrictions. (AUG 1987) NRCS, AMB)

One award for the aggregate of all items will be made under this solicitation.

(End of Clause)

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Section C--Description/Specifications

452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

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Section H—Special Contract Requirements

H.1 Insurance, Indemnification and Additional Insured – Los Angeles Department of Water and Power. (NRCS-CA) (APR 2009)

Insurance – General Statement: It is the policy of City of Los Angeles (City) and the Los Angeles Department of Water and Power (LADWP) that all contractors working for or on behalf of the LADWP must provide evidence of insurance that conforms to the following insurance requirements. This applies to Federal Construction contracts whereby Contractor is completing a project that benefits the LADWP. Insurance requirements are explained in detail in the following language and “Contract Insurance Requirements” sheet, which specifically outlines the types and amounts of coverage required for this project. For your information and use, “Special Endorsement Forms”, “Guidance for Submitting Evidence of Insurance” and information on our insurance program for small vendors are available at the LADWP website.

Acceptable evidence of required insurance, from insurers acceptable to the LADWP, will be required to be submitted within 30 days of the date of award of the Federal Construction contract and maintained current throughout the term of the Project. Said evidence of insurance must be on file with the Risk Management Section of the LADWP in order to commence work under your Federal Construction contract.

For further information regarding these requirements, please contact:

Los Angeles Department of Water and Power Risk Management Section Phone: (213) 367-4674 Fax: (213) 367-0214 Web: www.ladwp.com/riskmanagement" www.ladwp.com/riskmanagement

(End of Clause)

H.2 Geotechnical Reports. (NRCS-CA) (APR 2009)

The following 6 documents shall be hereinafter collectively defined as the Geotechnical Reports:

Geotechnical Investigation Geologic and Soils Engineering Evaluation, Site Stabilization, Lot 15, Tract 18103 2920 Lakeridge Drive, GH12186-G*

Geotechnical Investigation Geologic and Soils Engineering Exploration Proposed Slope Repair APN 5577-016-009 Portion of South ¼ of Southwest ¼ of Section 34, R14W East of 2950 and 2960 Lakeridge Drive, GH12215-G*

Geologic and Soils Engineering Evaluation Site Stabilization Lot 14, Tract 18103 2912 Lakeridge Drive Los Angeles, California for Ms. Mary Lane, GH12179-G*

Summary of Geologic and Geotechnical Exploration and Testing, Proposed Slope Repair dated 9-15-2008, GH13194-G*

Additional Geologic and Geotechnical Comments and Recommendations, Temporary Access and Soldier Pile Drill Road Grading, Lots 12 through 19, Tract 18103, 2900 through 2960 Lakeridge Drive, Los Angeles, California, GH13194-G*

Geotechnical Analysis, Stability of Proposed Temporary Fill Slope, Access and Soldier pile Drill Road dated 12-11-2008*

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OTHER DOCUMENTS

Contract Insurance Requirements – Department of Water and Power*

Note: The asterisk (*) following a document number indicates that the document is attached to these specifications.

H.3 Definitions. (NRCS-CA) (APR 2009)

The following words shall have the following meanings:

(End of Clause)

H.4 Indemnification of the Department of Water and Power and other affected parties. (NRCS-CA) (APR 2009)

Contractor acknowledges that it has read and understood the scope of work, task assignments, deliverables of the Federal Construction contract and hereby consents and agrees to assume all risks and perils of performing and executing same, and on behalf of itself, its employees, officers, agents, successors, assigns and subcontractors of any tier, undertakes and agrees to indemnify and hold harmless the City of Los Angeles, the Department of Water and Power, the Board of Water and Power Commissioners of the City of Los Angeles, the owners of private real property on which a portion of Contractor’s work will be performed, as such owners are identified on Exhibit A attached hereto, and all of their respective officers, agents, successors in interest, insurers, assigns and/or employees (individually and collectively, -17-

“Indemnitees”), and at the option of the Department of Water and Power, which reserves the right to select and approve counsel, defend the Indemnitees from and against any and all liens and claims of lien, suits, causes of action, claims, charges, damages (including but not limited to indirect, consequential, incidental, and environmental damages), demands, judgments, civil fines, penalties, or losses of any kind or nature whatsoever (collectively, “Claims”) that are incurred by or alleged or asserted against the Indemnitees, for death, bodily injury or personal injury to any person, including Contractor’s and subcontractors’ employees, and agents, or for damage or destruction or loss of use of any tangible or intangible real or personal property of any Indemnitee, or any third person, or for damages resulting from breach of contract, arising in any manner by reason of, incident to, or connected in any way to Contractor’s performance/execution, or non-performance of the Federal Construction contract, on the part of Contractor, or any of Contractor’s officers, agents, employees, or subcontractors of any tier, regardless of any negligence or contribution on the part of Indemnitees, except for the proven sole negligence or proven willful misconduct of the Department of Water and Power. This indemnity shall apply whether occurring during the term of this Federal Construction contract, and any time thereafter, for Claims alleged or asserted to have arisen during the term of that contract or resulting from Contractor’s performance/execution of this contract/agreement, and shall be in addition to any other rights or remedies which Indemnitees have at law, in equity, or under the Federal Construction contract.”

EXHIBIT A

PRIVATE PROPERTY OWNERS

Melquiades M. Bautista

(End of Clause)

H.5 Authority of the Engineer. (NRCS-CA) (APR 2009)

The Engineer will assure the Contractor complies with the orders and directions as provided in the specifications and will determine, within the limitations of these specifications, the amount, quality, acceptability, and fitness of the various kinds of work and materials to be paid for.

Should any discrepancy appear or any misunderstanding arise as to the import of anything contained in these specifications or drawings, the matter shall be immediately referred to the Engineer, who will in consultation with the Contracting Officer, provide the true intent and meaning.

If the Contractor at any time fails to maintain adequate progress, or to schedule or employ sufficient and adequate work forces, plant, materials, tools, and methods, the Engineer may notify the Contractor of the deficiency, and the Contractor shall increase the progress of the work and modify procedures and activities to meet the approval of the Engineer. Such approval shall not relieve the Contractor of the obligation to comply with these specifications and to complete the work within the time specified and at the contract price.

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If the Contractor at any time fails to comply with these specifications in any way, the Contracting Officer shall have the right to order all work or a portion of the work stopped at a time specified by the order. Such Stop Work Order shall be in writing and shall allow the Contractor 3 working days in which to comply with the demands of the order. The work to which a Stop Work Order is directed shall be corrected to the entire satisfaction of the Government. Any such order shall not relieve the Contractor of the obligation to complete the entire work within the time specified and at the contract price.

(End of Clause)

H.6 Police and Sanitary Regulations. (NRCS-CA) (APR 2009)

All police, sanitary, and site regulations shall be fully and promptly carried out. An ample supply of water of appropriate quality shall be provided and maintained at all times. Suitable facilities shall be provided for the sanitary necessities of all persons employed on the work, unless such facilities are otherwise available. All persons connected with the work shall use the sanitary conveniences provided. The committing of nuisances shall be rigorously prohibited.

(End of Clause)

H.7 Permits and Licenses. (NRCS-CA) (APR 2009)

The Department has obtained the following plan checks. Prior to starting work, the Contractor shall pull all the permits required for the work. The Contractor shall meet all the requirements of the permits. Unless specified otherwise in this Article, the Contractor shall be responsible for all fees, bonds, sampling, testing, reporting, notifications, and other costs associated with every permit. Where a permitting agency has designated the Engineer as the permittee or discharger and has placed conditions on the permittee or discharger, the conditions shall apply to the Contractor and shall be the Contractor's sole responsibility to meet as though the Contractor is the permittee or discharger.

a. The Department has obtained the following:

(1) Plan Checks:

(a) Grading.

b. The Contractor shall pull the following:

(1) Plan Checks:

(a) Building Permit (Shoring).

(2) Permits:

(a) Grading.

(b) Building Permit (Shoring).

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H.8 Notification for Inspection of Work. (NRCS-CA) (APR 2009)

a. Permit Inspections: The Contractor shall call and shall make arrangements in advance for all permit inspections, including those permits obtained by the Department, as required by and directly with all government and regulatory agencies.

b. Inspections Specified by the Department:

(1) Onsite work: Wherever an inspection is required before starting any work activity, a phase thereof, or work by a different craft, the Contractor shall notify the Engineer in writing not less than 2 working days in advance, unless otherwise specified in the Detailed Specifications.

(2) Offsite work: Unless otherwise specified in the Detailed Specifications, when items are to be shop-fabricated, plant inspection shall be scheduled by contacting the Engineer in writing within the following time frames. The written notification shall include a schedule of activities on a daily basis. This notification requirement also applies when work is performed in phases or is interrupted.

(a) Not less than 5 calendar days prior to start of work when the fabrication shop is less than 200 driving miles from downtown Los Angeles.

(b) Not less than 14 calendar days prior to start of work when the fabrication shop is greater than 200 driving miles from downtown Los Angeles and within the continental United States.

(c) Not less than 28 calendar days prior to start of work when the fabrication shop is outside the continental United States.

(3) Failure to give written notice prior to doing work will require the removal and replacement of the work without additional cost to NRCS if the Engineer cannot fully inspect all parts of the work to determine whether the work complies with these specifications. The Contractor shall furnish the Engineer with facilities, samples, information, and proper access authority for inspection and tests.

c. Re-Inspection Expenses:

NRCS may assess the Contractor for additional expenses incurred by NRCS as a result of the Contractor incorrectly notifying the Department that equipment was ready for inspection or testing, or if equipment does not pass inspection or testing and must be re-inspected. If re-inspection is required due to the Contractor’s failure to comply with any portion of these specifications, the Contractor shall pay to NRCS, or NRCS may deduct from any moneys due the Contractor, a sum of $100.00 per hour for the Engineer’s time to re-inspect, including travel time to and from the testing location, plus transportation and lodging costs to and from the testing location.

(End of Clause)

H.9 Correspondence. (NRCS-CA) (APR 2009)

All inquiries relating to these specifications shall be addressed to the NRCS at the following address:

Ray Miller, Contracting Officer

USDA, NRCS

430 G Street #4164 Davis, CA 95616-4164

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After award, all correspondence pertaining to performance of the contract shall be addressed to the Contracting Officer and:

Mr Christopher Cottone

PROJECT COORDINATION AND ADMINISTRATION GROUP

LOS ANGELES DEPARTMENT OF WATER AND POWER

PO BOX 51111 RM 1348

LOS ANGELES CA 90051-5700

Re: Contract ______ Construction of the Hollywood Reservoir Lakeridge Drive Landslide & Slope Restoration Project

For parcel services that require delivery to a physical address instead of a post office box, correspondence shall be addressed as follows:

Mr. Christopher Cottone

PROJECT COORDINATION AND ADMINISTRATION GROUP

LOS ANGELES DEPARTMENT OF WATER AND POWER

111 NORTH HOPE STREET RM 1348

LOS ANGELES CA 90012-2607

Re: Contract ______ Construction of the Hollywood Reservoir Lakeridge Drive Landslide & Slope Restoration Project

Correspondence transmitted by facsimile shall be followed by original copies, delivered by regular mail services. Correspondence sent only by facsimile will not meet submittal requirements.

All correspondence shall be one of the following categories: Letter, Request for Information (RFI), or Submittal. Each category of correspondence shall have its own sequential numbering system.

a. A Letter is defined as a written communication about the project between the Engineer and Contractor which is not a Submittal or RFI. Examples of situations that require letters include Request for Substitution of Materials, Response to Notice of Non-Conformance, assertion of a differing site condition, request for substitution of a listed subcontractor, protests, disputes, claims, and the like.

b. An RFI is defined as a request transmitted from the Contractor to the Engineer seeking an interpretation or a clarification of some requirement of the contract documents. RFI procedures are as follows:

(1) The Contractor shall clearly and concisely set forth the issue for which they seek clarification or interpretation and why a response is needed from the Engineer. The Contractor shall set forth in the written request the Contractor’s own interpretation and understanding of the contract requirements, along with the reasons why the Contractor has reached such an understanding. The RFI shall include the CPM schedule activity number associated with the issue in question. The RFI shall be submitted not less than 10 days before its associated activity becomes critical.

(2) Responses from the Engineer shall not constitute a change in any requirement of the contract documents unless so noted in the Response to the RFI written by the Engineer.

(3) The Engineer will review all Contractor correspondence transmitted as RFIs to determine whether they are RFIs within the definition stated here. If the Engineer determines that the document is not an RFI, it will be returned to the Contractor, unreviewed as to content, for re-transmittal as a Submittal or Letter.

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c. A Submittal is defined as information required in the Specifications to be transmitted from the Contractor to the Engineer in sufficient detail to enable the Engineer to review the information and determine that the Contractor clearly understands the requirements of the contract documents. Submittal procedures are detailed in Section F01330.

(End of Clause)

H.10 Special Inspectors. (NRCS-CA) (APR 2009)

a. Deputy Inspectors:

(1) URS shall furnish the services of all deputy inspectors to provide continuous inspection during the construction of the project in accordance with the City of Los Angeles Building Code (LABC). The deputy inspectors shall inspect reinforced concrete and structural steel welding.

b. Certified Welding Inspectors:

(1) The Contractor shall furnish the services of American Welding Society Certified Welding Inspectors (CWI) to continuously inspect that welding is done in accordance with these specifications.

(End of Clause)

H.11 Clarifications. (NRCS-CA) (APR 2009)

a. Printed Instructions and Printed Recommendations: Wherever in these specifications or drawings any order is given to perform in any way in accordance with the instructions or recommendations of a manufacturer, supplier, or other party, such instructions or recommendations shall be the printed instructions or printed recommendations in effect at the date of advertising the specifications.

b. “Days” and “Working Days”: Whenever in these specifications the word “days” is not preceded by the word “calendar” or “working”, it shall be deemed to be preceded by the word “calendar”. The term “working days” shall be deemed equivalent to those days of the week that the Contractor has normally worked or intends to work according to the current approved schedule.

(End of Clause)

H.12 Scope of Work. (NRCS-CA) (APR 2009)

Under the terms of the contract, the Contractor shall construct, complete, the Hollywood Reservoir Lakeridge Drive Landslide & Slope Restoration Project, hereinafter referred to as the "HRLDLSRP".

(End of Clause)

H.13 Weather Days. (NRCS-CA) (APR 2009)

The Contractor shall include the effects of working days (wd) of adverse weather in the construction schedule on a monthly basis. The number of working days per month is as follows: January-4 wd, February-4 wd, March-5 wd, April-3 wd, May-1 wd, June-1 wd, July-0 wd, August-1 wd, September-1 wd, October-1 wd, November-2 wd, December-3 wd.

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H.14 Printed Documents. (NRCS-CA) (APR 2009)

All printed documents, including drawings and instruction books, if applicable, shall be in the English language. All units of measurement shall be in the foot-pound-second system.

(End of Clause)

H.15 Insurance. (NRCS-CA) (APR 2009)

a. Additional Insured Status Required: Contractor shall procure at its own expense, and keep in effect at all times during the term of this Project, the types and amounts of insurance specified on the attached Contract Insurance Requirements page. The specified insurance (except for Professional Liability and Workers’ Compensation) shall also, either by provisions in the policies, by City's own endorsement form or by other endorsement attached to such policies, include and insure, as Additional Insureds, City, its Department of Water and Power, its Board of Commissioners (hereinafter referred to as "Board"), the owners of private real property on which a portion of Contractor’s work will be performed, as such owners are identified on Exhibit A attached hereto, and all of their respective officers, employees, agents, successors and assigns, against the area of risk described herein as respects Contractor's acts or omissions in its performance of the Construction contract, hereunder or other related functions performed by or on behalf of Contractor. Such insurance shall not limit or qualify the liabilities and obligations of the Contractor assumed under the Federal Construction contract.

b. Severability of Interests and Cross Liability Required: Each specified insurance policy (other than Workers' Compensation and Employers' Liability and Property coverages) shall contain a Severability of Interest and Cross Liability clause which states, "It is agreed that the insurance afforded by this policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability," and a Contractual Liability Endorsement which shall state, "Such insurance as is afforded by this policy shall also apply to liability assumed by the insured under this Agreement with the City of Los Angeles."

c. Primary and Non-Contributory Insurance Required: All such insurance shall be Primary and Noncontributing with any other insurance held by City, the LADWP or any of the other Additional Insureds where liability arises out of or results from the acts or omissions of Contractor, its agents, employees, officers, assigns, or any person or entity acting for or on behalf of Contractor. Any insurance carried by City, the LADWP or any of the other Additional Insureds which may be applicable shall be deemed to be excess insurance and the Contractor’s insurance is primary for all purposes despite any conflicting provision in the Contractor’s policies of insurance to the contrary.

d. Deductibles Subject to Department’s Discretion: Deductibles and/or self-insured retentions shall be at the sole discretion of the Risk Manager of the LADWP (hereinafter referred to as "Risk Manager"). Neither the LADWP nor any of the other Additional Insureds shall have any liability for any premiums charged for such coverage(s). The inclusion of the LADWP, its Board, or any of the other Additional Insureds, as additional insureds under Contractor’s policies of insurance, is not intended to, and shall not, make them, or any of them a partner or joint venturer with Contractor in its operations.

e. Proof of Insurance for Renewal or Extension Required: At least ten (10) days prior to the expiration date of any of the policies required on the attached Contract Insurance Requirements page, documentation showing that the required insurance coverage has been renewed or extended shall be filed with the LADWP. If such coverage is canceled or reduced in coverage, Contractor shall, within fifteen (15) days of such cancellation or reduction of coverage, file with the LADWP evidence that the required insurance has been reinstated or provided through another insurance company or companies.

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f. Submission of Acceptable Proof of Insurance and Notice of Cancellation: Contractor shall provide proof to the Risk Manager of all specified insurance and related requirements either by production of the actual insurance policy(ies), by use of LADWP’s own endorsement form(s), by other written evidence of insurance acceptable to the Risk Manager, but always in a form acceptable to the Risk Manager. The documents evidencing all specified coverages shall be filed with the Department prior to Contractor beginning construction activities. Said proof shall contain at a minimum, the applicable policy number, the inclusive dates of policy coverages, the date the protection begins for the LADWP and the other Additional Insureds, and the insurance carrier's name. It shall bear an original signature of an authorized representative of said carrier, and shall provide that such insurance shall not be subject to cancellation, material reduction in coverage or non-renewal except after written notice by certified mail, return receipt requested, to the City Attorney of the City of Los Angeles at least thirty (30) calendar days prior to the effective date thereof. The notification shall be sent by registered mail to: Risk Management Section, L.A. Water and Power , Post Office Box 51111, JFB Room 465, Los Angeles, California 90051-0100.

(1) Please submit a copy of your insurance premiums based on the limits indicated on the following Contract Insurance Requirements form, INCLUDING, as additional insured, the Private Property Owners shown in Exhibit A of Clause H.4.

(2) Please submit a copy of your insurance premiums based on the limits indicated on the following Contract Insurance Requirements form, EXCLUDING, as additional insured, the Private Property Owners shown in Exhibit A of Clause H.4.

g. Claims-Made Insurance Conditions: Should any portion of the required insurance be on a "Claims Made" policy, the Contractor/Vendor shall, at the policy expiration date following completion of work, provide evidence that the "Claims Made" policy has been renewed or replaced with the same limits, terms and conditions of the expiring policy, or that an extended three (3) years discovery period has been purchased on the expiring policy at least for the contract under which the work was performed.

h. Failure to Maintain and Provide as Cause for Termination: Failure to maintain and provide acceptable evidence of the required insurance for the required period of coverage shall constitute a breach of contract, upon which the Federal Government may immediately terminate or suspend the Construction contract.

i. Sub-Contractor Compliance: The Contractor shall be responsible for all sub-contractors' compliance with these insurance requirements.

j. Periodic Right to Review/Update Insurance Requirements: The LADWP and Contractor agree that the insurance policy limits specified on the attached Contract Insurance Requirements page may be reviewed for adequacy annually throughout the term of the Project by the Risk Manager, who may thereafter require Contractor to adjust the amounts and types of insurance coverage however the Risk Manager deems to be adequate and necessary. The LADWP reserves the right to have submitted to it, upon request, all pertinent information about the agent and carrier providing such insurance, including applicable license and ratings.

k. Specific Insurance Requirements: See Attachment “Contract Insurance Requirements”

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CONTRACT INSURANCE REQUIRMENTS -- DEPARTMENT OF WATER AND POWER

For Contractors, Service Providers, Vendors, and Tenants

Agreement/Activity/Operation: Hollywood Hills EWP, Emergency Slope Stabilization Project Reference/Agreement: Federal Construction Contract Term of Agreement:

Contract Administrator and Phone: Craig Davis

Contract-required types and amounts of insurance as indicated below by checkmark are the minimum which must be maintained. All limits are Combined Single Limit (Bodily Injury/Property Damage) unless otherwise indicated. Firm 30 day Notice of Cancellation required by Receipted Delivery.