ATTACHMENT E – GENERAL CONDITIONS

CI 5702 – POWER BACKUP AT LANG RANCH PUMP STATION

GENERAL CONDITIONS

ARTICLE 1. DEFINITIONS

a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the City.

b. Act of God is an earthquake of magnitude 3.5 or more on the Moment Magnitude Scale or a tidal wave.

c. Applicable Laws means laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

d. Contract Documents includes only those items listed in Article 2 herein.

Contractor shall complete the Work in strict accordance with all of the Contract Documents. In case of conflicts between the Contract Documents, the order of precedence shall be as set forth as listed above. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties, whether written or oral.

e. City shall mean the City of Thousand Oaks, Deputy Director of Public Works, acting through properly authorized agents, or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms City and Owner may be used interchangeably.

f. Critical Supply Shortage shall mean an unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and

(c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its proposal or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage. which the City has contracted for performance of the Work.

g. Contractor shall mean the firm/entity that will be designing and constructing the microgrid BESS, and generator.

h. Day shall mean calendar day unless otherwise specifically designated.

i. Engineer shall mean the City Engineer of the City, Director of Public Works, or other person designated by the City, acting either directly or through authorized agents.

j. Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and other actions of the City, County, State or Federal Authorities in their roles as regulatory agencies. The existence of a Force Majeure Event in and of itself is insufficient to trigger the remedies in Articles 38.e, 43.c.2, and 66 without providing a corresponding proven material affect to a party’s performance required by the Contract.

k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract, whether or not it will be incorporated into the Work. All material shall be new unless specified otherwise.

l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete the Work, including furnishing necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.

m. Project means the planning, design, development, financing, construction, and completion of the public work of improvement, which includes, but is not necessarily limited to, the Work. The Project may include construction that will be performed by others directly or through separate contracts

n. Provide shall mean to complete in place, that is furnish, install, test and make ready for use.

o. Recyclable Waste Materials shall mean materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.

p. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. The Work shall be done in accordance with the Standard Specifications for Public Works Construction (“Greenbook”), most recent Edition, including all current supplements, addenda, and revisions thereof). In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.

q. Work means the construction or related work that is to be performed under the Contract, including furnishing all labor, materials, equipment, and services. The Work may be all or a portion of the Project.

ARTICLE 2. CONTRACT DOCUMENTS

a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.

b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any of the Contract Documents are in conflict, the Contractor shall promptly notify the City in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Amendments, Change Orders, and Work Change Directives

2. Addenda

3. Special Provisions or Special Conditions

4. Design/Build Agreement

5. Attachment B: Scope of Work

6. Attachment A: Vicinity Map and Location Maps

7. Attachment E: General Conditions

8. Attachment F: Design Guidelines

9. Attachment G: Construction General Specifications

10. Attachment I: FEMA Requirements

11. Notice Inviting Proposals/Qualifications

12. City of Thousand Oaks Road and Construction Standards (most recent)

13. Greenbook Standard Specifications (Most Recent; Sections 1-9 Excluded)

14. Reference Documents

15. Contractor’s Proposal Forms

With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

5. Contract Drawings govern over Shop Drawings

c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply.

d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not prohibit the Contractor in dividing Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3. CONTRACT DOCUMENTS: COPIES & MAINTENANCE

Contractor shall maintain a complete, clean, undamaged set of the Contract Documents at the

Site, and maintain a continuously updated as-built set with all approved field changes.

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS

a. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all Contract Documents and the project Site, as well as any other information given to Contractor for reference, or other Work requirements. Contractor shall immediately notify the City of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained in the Contract Documents, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction.

In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.

b. Site Verification. Contractor shall be responsible for visiting and familiarizing himself with the jobsite, including all potential access or limitations, and physically verify existing conditions in the field prior to finalizing the design. This includes researching potential underground conflicts, including utility verification and potholing as necessary to positively locate potential utility conflicts.

c. Request for Information; Additional Instructions. Contractor may make a written request for information from the City to address any error, inconsistency, ambiguity, conflict or lack of detail or explanation in the Contract Documents. The City will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. City shall respond to Requests for Information within a reasonable time. For purposes of this section ten (10) calendar days shall constitute a reasonable time.

d. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with the Work without obtaining the City’s written approval as required for the proper performance of Work.

e. Contractor’s Variation from Contract Document Requirements. If Contractor varies from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the City may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s sole expense.

ARTICLE 5. EXISTENCE OF UTILITIES AT THE SITE

a. Existing Utilities

1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the Owner to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project.

2. The Owner will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the Owner in the Contract Documents or which can reasonably be inferred from the presence of other visible facilities.

b. Utility Location

1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this section.

2. The locating of utilities shall be in conformance with Government Code Section 4216 except for the Owner’s utilities located on the Owner’s property and not on public right-of-way.

3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (e) as “high-pressure natural gas pipelines with normal operating pressures greater than 415 kPA gauge (60 psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60 kV, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

4. A “Subsurface Installation” is defined in Government Code Section 4216 (l) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.”

5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 calendar days before performing any excavation. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Construction Manager written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. The Construction Manager shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one

(1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (a)(2) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of

4216.2. The excavator and the operator or its representative shall conduct an onsite meeting at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installation prior to start time.” The Contractor shall notify the Construction Manager in advance of this meeting.

c. Utility Relocation and Repair

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Construction Manager in writing. The Construction Manager will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within three (3) days of discovery of the circumstances giving rise to the delay in accordance with Article 43 Changes and Extra Work.

2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

3. The Owner will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 43, Changes and Extra Work. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the Owner or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 38, Time For Completion and Liquidated Damages, and Article 43, Changes and Extra Work.

4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the Owner and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties.

The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the Owner will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Agreement.

6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

ARTICLE 6. SCHEDULE

a. Schedule. Within ten (10) days after the Notice of Award, Contractor shall prepare a Preliminary Work schedule using computerized Critical Path Method (CPM) scheduling and shall submit it for the City’s review. The receipt or review of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents, nor shall it modify the Contract Time. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for the required quality and timely completion of the Work. Contractor’s failure to incorporate all elements of Work or any inaccuracy in the schedule shall not excuse the Contractor from performing all of the required Work within the Contract Time. If the Initial Baseline Schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

b. Schedule Contents. The schedule shall allow enough time for inclement weather, in accordance with Section 01 11 00 Summary of Work. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time. The schedule shall clearly state the number of staff to be used on each daily segment of the Work. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages or Reverse Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized change order.

c. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the City whenever requested to do so by City and with each progress payment request. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule.

ARTICLE 7. SUBSTITUTIONS

a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the Notice Inviting Proposals that designates certain products, things, or services by specific brand or trade name.

b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which is substantially equal or better in every respect to what is specified in the Contract Documents.

c. Contractor shall submit written requests for substitution or any “equal” material, process or article, together with substantiating data, no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of the Contract Time. If a proposed “equal” substitution is rejected, Contractor shall be responsible for providing the specified material, process or article without adjustment to the Contract Price or Contract Time. The City has the complete and sole discretion to determine if a material, process or article is an “equal” material, process or article that may be substituted.

d. Information required to substantiate requests for substitutions of an “equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the proposed “equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant material, including but not limited to, catalog information which describes the requested substitute “equal” material, process or article, and substantiates that it is an “equal” to the specified material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the proposed substituted “equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

e. The Contractor shall bear all of the City’s costs associated with the review of substitution requests, including review by design professionals.

f. The Contractor shall be responsible for paying all costs related to a substituted “equal” material, process or article.

g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

ARTICLE 8. SHOP DRAWINGS

a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other Contractor, subcontractor, or worker on the Work, all engineering, design or shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to City. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal.

b. Contractor shall promptly address any City comments and resubmit. City’s review of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called City’s attention to such deviations at time of submission and has secured the City’s written approval. City’s review of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 9. SUBMITTALS

a. Contractor shall furnish to the City for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.

b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the City, to the City within a reasonable time period to provide for adequate review and avoid delays in the Work.

c. The requirements in Articles 8 and 9 shall not justify any extension of the Contract Time.

City will review such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

ARTICLE 10. MATERIALS

a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time.

b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work until City has accepted the Work

d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion to deliver the Work to the City free from any claims, liens, or encumbrances.

e. Materials stored on the Site shall be stored in such manner so as not to interfere with any operations of the City or any independent Contractor.

ARTICLE 11. DEVELOPER’S SUPERVISION

Contractor shall continuously employ and keep at the Site, a competent and experienced full-time superintendent that is acceptable to the City. At no time may the Superintendent role be filled by a subcontractor. The Superintendent must be able to proficiently speak, read and write in English, and shall be fully responsible for all jobsite safety. Contractor shall continuously provide efficient supervision of the Work. Any proposed changes to the superintendent must be approved in advance by the City.

ARTICLE 12. WORKERS

a. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors. Contractor shall not employ or allow subcontractors to employ on the Work any unfit person or any one not skilled in the Work assigned to him or her.

b. Any person in the employ of the Contractor or a subcontractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on the Work except with the written approval of the City.

c. Any worker found by the City to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or fails to perform the Work properly and acceptably, shall be immediately removed from the Work site by the Contractor and shall not be reemployed in the performance of the Work.

ARTICLE 13. SUBCONTRACTORS

a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.

b. Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100 et seq., before replacing a subcontractor listed in the proposal or performing work with its own forces for which a subcontractor was listed.

ARTICLE 14. PERMITS AND LICENSES

Permits and licenses necessary for prosecution of the Work shall be secured and paid for by

Contractor, unless otherwise specified in the Contract Documents.

a. Contractor shall obtain and pay for all other permits and licenses required for the Work, including but not limited to, excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.

b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents.

c. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

ARTICLE 15. UTILITY USAGE

a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems.

b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents.

c. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted.

d. If Work is to be performed in existing City facilities, Contractor may, with prior written approval of the City, use the City’s existing utilities. If Contractor uses City utilities, it shall compensate the City for utilities used.

ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES

All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by the City. Contractor may either request reimbursement from the City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.

ARTICLE 17. TRENCHES

a. Trenches Five Feet or More in Depth.

1. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards forth in the Construction Safety Orders of the Division of Industrial Safety in Title 8, Subchapter 4, Article 6, California Code of Regulations, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations, and all costs therefor shall be included in the Contract Price. Nothing in this section shall be deemed to allow the use of a shoring, bracing, sloping, or other protective system less effective than that required by the Construction Safety Orders.

Nothing in this section shall be construed to impose a tort liability on the Owner, any of its officers, officials, partners, employees, agents, consultants or volunteers.

The Owner's review of the Contractor's excavation plan is only for general conformance to the Construction Safety Orders.

2. Prior to commencing any excavation, the Contractor shall designate in writing to the Owner the "competent person(s)" with the authority and responsibilities designated in the Construction Safety Orders.

b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly within 3 days, and before the following conditions are disturbed, notify the City, in writing, of any:

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

2. Subsurface or latent physical conditions at the site differing from those indicated on the Contract Documents.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS

In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests.

Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS

Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substance and hazardous materials as defined in California state or federal law at the Site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing.

The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

ARTICLE 20. SANITARY FACILITIES

Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers or as required by CAL-OSHA regulation.

The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in the Work under construction shall not be permitted. Any other Sanitary Facilities required by CAL- OSHA shall be the responsibility of the Contractor.

ARTICLE 21. AIR POLLUTION CONTROL

Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.

ARTICLE 22. WATER QUALITY MANAGEMENT AND COMPLIANCE

a. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Proposal accordingly, and assumes any and all risks and liabilities arising therefrom.

b. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter- Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include but are not limited to California State Water Resources Control Board Order Number 2009- 0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010- 0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No.

CAS000004), Los Angeles Regional Water Quality Control Board Order No. R4-2012- 0077, and any amendment or renewal thereof.

c. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

d. Contractor shall at all times comply with all applicable requirements of the SWPPP and the Construction General Permit, including ensuring that all Construction General Permit-related tasks are completed by individuals with the requisite certifications. The Contractor shall draft and coordinate submission of any necessary amendments to the SWPPP as the project moves through the construction process and shall provide draft amendments to the SWPPP for review and approval by the City prior to submission, which approval shall not be unreasonably withheld. Contractor shall promptly provide all reports and other documentation required by the City to ensure compliance with the SWPPP and the Construction General Permit, to prepare amendments to the SWPPP or to comply with any requirements of state or federal law or regulation. Contractor shall cooperate with the City in providing or preparing any documents that may be submitted to the State Board.

Contractor shall incorporate all costs associated with compliance with the SWPPP throughout the course of construction into its proposal.

e. The site is less than 1 Acre, and therefore the City is not preparing a Stormwater Pollution Prevention Plan (SWPPP). The Contractor shall therefore be responsible to prepare an Erosion Control Plan for the Project Site for approval by the City, and follow said plan throughout the course of the project to prevent erosion, sediment and dust from the project site. Contractor shall at all times comply with all applicable requirements of the City of Thousand Oaks Grading Ordinance (Title 7, Chapter 3 of the City of Thousand Oaks Municipal Code) and State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof. This includes dust control. The Contractor shall draft and coordinate submission of any necessary amendments to the Erosion Control Plan as the project moves through the construction process and shall provide draft amendments to the Erosion Control Plan for review and approval by the City prior to submission, which approval shall not be unreasonably withheld. Contractor shall incorporate all costs associated with compliance with the Erosion Control Plan throughout the course of construction into its bid.

f. In addition to any other available remedies, if Contractor fails to proceed in a manner that complies with the requirements of the Erosion Control Plan, the City expressly reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Erosion Control Plan shall be the City’s sole determination. Contractor shall be responsible for any costs incurred by the City in implementing an Erosion Control Plan for the Work site.

g. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

h. City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

ARTICLE 23. CLEANING UP

a. Contractor at all times shall keep Site free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the Site.

Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvements including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment;

Contractor shall remove temporary Stormwater BMP’s, fencing, barricades, planking, construction toilets and similar temporary facilities from Site. Contractor shall clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, utility markings or other stains caused by Contractor’s operations or equipment.

b. Contractor shall fully clean up the site at the completion of the Work or such other time as City may reasonably request. If the Contractor fails to clean up to the City’s satisfaction within one business Day, the City may do so and the cost of such clean up shall be charged back to the Contractor.

ARTICLE 24. LAYOUT AND FIELD ENGINEERING

All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a registered civil engineer or licensed land surveyor acceptable to the City. Any required “as-built” drawings of civil engineering elements of the Work shall be prepared by the registered civil engineer.

ARTICLE 25. EXCESSIVE NOISE

a. The Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.

b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Work without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return that equipment to the Site until the device is repaired or replaced. Noise and vibration level requirements shall apply to all equipment on the jobsite or related to the Work, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 26. TESTS AND INSPECTIONS

a. If the Contract Documents, the City, or any instructions, Applicable Law, or public authority require any part of the Work to be tested or approved in writing, Contractor shall provide the City at least two (2) working days notice of its readiness for observation or inspection.

If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance with the Contract Documents or Applicable Law shall be paid by the Contractor.

b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone if necessary after completion of the testing in compliance with the Contract Documents, at the Contractor’s cost.

c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply.