Exhibit_O_-_City_Standard_Specifications.pdf

CITY OF SANTA CRUZ

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PARKS AND RECREATION

AND

WATER DEPARTMENT

STANDARD

SPECIFICATIONS

Revised 10/9/02

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PART 1

STANDARD PROVISIONS

Paragraph Page

SECTION 1 DEFINITIONS AND TERMS

SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 Obtaining Plans and Specifications

2.02 Contents of Proposal Forms

2.03 Estimated Quantities

2.04 Examination of Drawings, Specifications, and Site of Work

2.05 Proposal Form

2.06 Queries on Bidding

2.07 Rejection of Proposals

2.08 Proposal Guarantee

2.09 Withdrawal of Proposals

2.10 Public Opening of Proposals

2.11 Joint Proposals

2.12 Disqualification of Bidders

2.13 Addendum

2.14 List of Subcontractors

2.15 Competency of Bidder

2.16 Relief of Bidders

SECTION 3. AWARD AND EXECUTION OF CONTRACT

3.01 Consideration of Proposals

3.02 Award of Contract

3.03 Return of Proposal Guarantees

3.04 Contract Bonds

3.05 Execution of Contract

3.06 Failure to Execute Contract

3.07 Contractor's Insurance

SECTION 4. SCOPE OF WORK

4.01 Work to be Done

4.02 Cleaning up

4.03 Changes

4.04 Protests

4.05 Dust Control

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SECTION 5. CONTROL OF WORK

5.01 Authority of Director

5.02 Drawings to be Furnished by the Contractor

5.03 Drawings and Data to be Furnished by the City

5.04 Conformity with Drawings and Allowable Deviations

5.05 Maintenance and Operation Manuals

5.06 Superintendence

5.07 Layout of Work and Surveys

5.08 Inspection

5.09 Removal of Defective and Unauthorized Works

5.10 Construction Equipment and Plant

5.11 Alternative Construction Equipment

5.12 Use of Completed Portions

5.13 Legal Address of the Contractor

5.14 Final Inspection

5.15 Acceptance of Contract

5.16 Coordination of Specifications and Drawings

5.17 Interpretation of Specifications and Drawings

5.18 State Specifications

5.19 Reasonableness of Interpretations

SECTION 6. CONTROL OF MATERIALS AND INSTALLED EQUIPMENT

6.01 Furnishing and Quality of Materials and Equipment

6.02 Source of Material and Equipment

6.03 Storage of Materials and Equipment

6.04 Defective Materials

6.05 Trade Names and Alternatives

6.06 Testing Materials

6.07 Plant Inspection

6.08 City Furnished Materials

SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY

7.01 Laws to be Observed

7.02 Labor Discrimination

7.03 Employment of Labor

7.04 Prevailing Wages

7.05 Hours of Labor

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7.06 Apprentices

7.07 Permits and Licenses

7.08 Patents and Copyrights

7.09 Sanitary Facilities

7.10 Public Safety

7.11 Accident Prevention

7.12 Explosives and Stream Pollution

7.13 Fires

7.14 Interference with Fire Hydrants, Highways and Fences

7.15 Preservation of Property

7.16 Public Convenience

7.17 Contractor's Responsibility for Work

7.18 Responsibility for Damages

7.19 Payment of Taxes

7.20 Cooperation Between Contractors

7.21 Property Rights in Materials

7.22 Rights in Land and Improvements

7.23 Title to Materials Found on the Work

7.24 Personal Liability

7.25 Trespassing

7.26 Subcontracting

7.27 Protection of Public Utilities

7.28 Publications

7.29 Land and Rights-of-Way

SECTION 8. PROSECUTION AND PROGRESS OF WORK

8.01 Assignment

8.02 Commencement of Work

8.03 Work Progress Schedule

8.04 Temporary Suspension of Work

8.05 Temporary Suspension of Work for the

Convenience and Benefit of the City

8.06 Suspension of Work because of

Conditions Beyond Control of City or Contractor

8.07 Termination of Unsatisfactory Subcontracts

8.08 Character of Workers

8.09 Time of Completion and Liquidated Damages

8.10 Termination of Contract

8.11 Right-of-Way Delays

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Paragraph Page

8.12 Contractor's Cost Data

8.13 Coordination with Utilities

8.14 Responsibility for Accuracy

8.15 Temporary Facilities and Services

8.16 Unfavorable Weather and Other Conditions

8.17 Weekend, Holiday and Night Work

SECTION 9. MEASUREMENT AND PAYMENT

9.01 Work to be Done Without Direct Payment

9.02 Measurement of Quantities

9.03 Change Orders

9.04 Force Account Work

9.05 Deductions from Payments

9.06 Partial Payment

9.07 Final Payment

9.08 Scope of Payment

9.09 Guarantee

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PART 2

TECHNICAL PROVISIONS

SECTION 10. CONSTRUCTION OF CONCRETE CURBS, GUTTERS, SIDEWALKS &

VALLEY GUTTERS

10.01. General

10.02 Material

10.03 Subgrade Preparation

10.04 Forming

10.05 Expansion Joints

10.06 Placing and Finishing Concrete

10.07 Clean-up

10.08 Measurement & Payment

SECTION 11. CONSTRUCTION OF SANITARY SEWERS, STORM SEWERS, AND

APPURTENANCES

11.01 General

11.02 Material

11.03 Moving Existing Utilities

11.04 Trench Excavation

11.05 Pipe Laying, Storm Sewers & Sanitary Sewers

11.06 Joints

11.07 Backfilling

11.08 Restoration of Pavements & Other Structures

11.09 Manholes

11.10 Flusher Branches

11.11 Sanitary Sewer Laterals

11.12 Catch Basins

11.13 Sanitary Sewers Leakage Test

11.14 Measurements & Payment

11.15 Marking Sewer Laterals

SECTION 12. CONSTRUCTION OF STREETS

12.01 General

12.02 Materials

12.03 Roadway Excavation

12.04 Subgrade Preparation

12.05 Compacting Aggregate Base

12.06 Preparing Existing Asphalt Surfacing

12.07 Placing Asphalt Concrete Surfacing

12.08 Applying Seal Coats

12.09 Measurement & Payment

PART 1

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STANDARD PROVISIONS

Whenever in these specifications and other contract documents, the following abbreviations and terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

ABBREVIATIONS

AASHO American Association of State Highway Officials AAN American Association of Nurserymen ACI American Concrete Institute AGMA American Gear Manufacturers Association AIEE American Institute of Electrical Engineers AISI American Iron and Steel Institute AISC American Institute of Steel Construction ANSI American National Standards Institute AREA American Railway Engineering Association ASA America Standards Association (United States of America Standards Instructions) ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air Condition Engineers ASME American Society of Mechanical Engineers ASTM American Society of Testing Materials AWS American Welding Society AWPA American Wood Preserver's Association AWWA American Water Works Association FS Federal Specification IEEE Institute of Electrical and Electronic Engineers NBFU National Board of Fire Underwriters NEMA National Electrical Manufacturers Association SAE Society of Automotive Engineers UL Underwriters Laboratories

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Article - a numbered portion of a title Section of the Specifications

Bidder - Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Council, City Council - The City Council of the City of Santa Cruz.

Contract - The written agreement covering the performance of the work and the furnishing of labor;

materials, tools, and equipment in the construction of the work. The Contract shall include the Notice of Contractors, Proposal, Drawings, Specifications, Addenda, and Contract Bonds; also, any and all written supplemental agreements amending or extending the work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amend-ments, or extensions to the Contract and include Contract change orders.

Contractor - The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who have entered into a contract with the City.

Days - Working days, unless otherwise designated.

City - The City of Santa Cruz.

Drawings - The official drawings, working drawings, detail drawings, and supplemental drawings, or reproductions thereof, which show the location, character, dimensions, and details of the work to be done, and which are to be considered as part of the Contract.

Director - The Director of Water Department or Public Works Department acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

Liquidated Damages - The amount prescribed in the specifications, pursuant to the authority of Government Code Section 14376, to be paid to the City or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portions of the work beyond the time allowed in the Specifications.

Plans, Constructions Plans - The Drawings which are a part of the Contract.

Proposal - The offer of the Bidder for the work when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.

Subcontractor - The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who will perform work for the Contractor.

Specifications - The directions, provisions and requirements contained in the Standard Provisions, Special Provisions, and Technical Provisions.

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Work - All the work specified, indicated, shown or contemplated in the Contract to construct the improvements, including all alterations, amendments or extensions thereto made by supplemental agreements or written orders of the Director.

State Specifications - Wherever in these Specifications reference is made to the "State Specifica-tions," reference shall be to specifications entitled, "State of California, Department of Transportation, Standard Specifications," current edition, and which is incorporated herein and made a part hereof by reference. Where the terms "State" or the "Engineer" are used in the State Specifications, they shall be considered as meaning the "City" or "Director" as defined hereinabove.

Special Provisions - The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Provisions and technical provisions.

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SECTION 2

PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 OBTAINING PLANS AND SPECIFICATIONS: Standard Specifications, Plans and Special Provisions may be obtained at the office of the Engineer, City Hall Annex, 809 Center Street, Room 201, Santa Cruz, CA 95060.

2.02 CONTENTS OF PROPOSAL FORMS - Prospective bidders will be furnished proposal forms which describe the contemplated construction and, where appropriate, show the approximate estimate of the quantities of the various kinds of work to be performed or materials to be furnished, with a schedule of items for which bid prices are asked. The unit prices or lump sum amounts bid shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all work complete in place as shown on the Drawings or stipulated in the Specifications for that particular item of work.

2.03 ESTIMATED QUANTITIES - The quantities given in the Proposal are approximate only, being given as a basis for the comparison of Proposals, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Director. No allowance will be made for anticipated profit on work which is deleted or decreased.

2.04 EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK - The Bidder shall examine carefully the site of the work contemplated and the Proposal, Drawings, and Specifications therefor. The submission of a Proposal will be conclusive evidence that the bidder has investigated and is fully aware of the conditions and difficulties to be encountered, of the character, quality and quantities of work to be performed and materials to be furnished, and of the requirements of the Proposal, Drawings, and Specifications; as to the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of material, availability of labor, water, electric power, roads and uncertainties of weather, or similar physical conditions at the site; the conformation and conditions of the ground, the character and quality and quantity of surface and subsurface materials, including groundwater, to be encountered; the character of equipment and facilities needed preliminary to, and during the, prosecution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. Any failure by the Contractor to acquaint themselves with all available information concerning these conditions will not relieve him/her from responsibility for estimating properly the difficulty or cost of successfully performing the work.

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If there is any doubt as to the true meaning of any part of the plans, specifications, or other contract documents, or if discrepancies in, or omissions from, the drawings or specifications are found, a request should be made to the Director for an interpretation or correction thereof, which will be given in the form of addenda to all bidders, if time permits. Otherwise, in figuring the work, bidders shall consider that any discrepancies or conflict between drawings and specifications shall be governed by Article 5.17 of these specifications.

No payment shall subsequently be made to the Contractor because of error on his/her part or of negligence or failure to acquaint himself/herself with the existing conditions, limitations, or features of the site or requirements of the contract documents; or by reason of any estimate, tests, or representations of any officer, employee or agent of the City.

Where investigation of subsurface conditions has been made by the City in respect to foundation or other design, bidders may inspect the records of the City as to such investigation, including examination of samples and drill cores, if any. When logs of test borings showing a record of the data obtained by the City's investigation of subsurface conditions are made available, said logs represent only the opinion of the City as to the character of materials encountered in its test borings and are made available only for the convenience of bidders.

Investigations of subsurface conditions are made for the purpose of design, and the City assumes no responsibility whatever in respect to the sufficiency of test borings or accuracy of the log of test borings, of other preliminary investigations, or of the interpretation thereof. There is no guarantee expressed or implied that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unforeseen developments may not occur.

Making such information available to bidders is not to be construed in any way as a waiver of the provisions of the first paragraph of this Article and bidders must satisfy themselves through their own investigations as to conditions to be encountered.

No information derived from such inspection of records or preliminary investigation made by the City, or from the Director, or from his/her assistants, or from the maps, Specifications, profiles, or Drawings will in any way relieve the Contractor from any risk or from properly fulfilling all the terms of the Contract. Records of such preliminary investigations as may have been made by the City may be inspected at the office of the Director, City Hall, Santa Cruz, California, 95060, or at such other locations as may be stated in the Notice to Contractors.

2.05 PROPOSAL FORM - The Proposal form furnished by the City, when filled out by the bidder and executed, shall be submitted as his/her Proposal. Neither the Proposal form nor any other portion of the Specifications shall be detached therefrom. Proposals submitted on forms detached shall be disregarded. All Proposals should give the prices proposed, both in writing and in figures in the respective spaces provided, and shall be signed by the bidder, who should fill out all blanks in the Proposal form as therein required. In the event of a discrepancy between writing and figures, the writing shall prevail over the figures.

A Copy of each addendum to the Specifications or drawings shall be attached securely to the Specifications containing the Proposal (refer to Article 2.12).

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2.06 QUERIES ON BIDDING - Questions regarding the Specifications or Drawings or any other portion of the Contract or any addenda thereto shall be directed to the Director, at City Hall, Santa Cruz, California 95060, in writing. No interpretation of the meaning of the Specifications, Drawings, or other pre-bid documents will be made to any bidder orally.

2.07 REJECTION OF PROPOSALS - Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. Proposals in which the prices, in the opinion of the City, are unbalanced, may be rejected.

When Proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a written authorization or Power of Attorney should be on file with the City prior to opening Proposals or submitted with the Proposal;

otherwise, the Proposal may be rejected as irregular and unauthorized.

2.08 PROPOSAL GUARANTEE - All Proposals shall be presented under sealed cover and accompanied by one of the following forms of bidder's bond executed by an admitted surety, made payable to the City of Santa Cruz. The security shall be in an amount equal to at least 10 percent of the total contract price in the Proposal. A Proposal will not be considered unless one such form of bidder's security is enclosed with it.

A bidder's bond will not be accepted unless it substantially conforms to the bond form included with the Proposal form and is properly filled out and executed. If desired, the bond form included therein, properly filled out as directed, may be executed and used as the bidder's bond. Blanks conforming to this form may be obtained by request from the City.

2.09 WITHDRAWAL OF PROPOSALS - Any Proposal may be withdrawn at any time prior to the time fixed in the Notice to Contractors for the opening of Proposals only by written request for the withdrawal of the Proposal filed with the City Clerk. The request shall be executed by the bidder or his/her duly authorized representative. The withdrawal of a Proposal does not prejudice the right of the bidder to file a new Proposal. This article does not authorize the withdrawal of any Proposal after the time fixed in the Notice to Contractors for the opening of Proposals.

2.10 PUBLIC OPENING OF PROPOSALS - Proposals will be opened and read publicly at the time and place indicated in the Notice to Contractors.

2.11 JOINT PROPOSALS - If two or more bidders desire to bid jointly on a single project or desire to combine their assets for so doing, they shall file an affidavit of joint venture with the City in the form approved by the City Attorney and such affidavit of joint venture will be valid only for the specified project for which it is filed. If such affidavit of joint venture is not filed as aforesaid and approved by the City prior to the time for opening Proposals on the specified project for which it is submitted, a joint proposal submitted by the same bidders may be disregarded.

2.12 DISQUALIFICATION OF BIDDERS - More than one Proposal form from an individual, firm, partnership, corporation, or a combination thereof under the same or different names will not

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2.13 ADDENDUM - Addenda may be issued prior to opening of Proposals and shall become a part of the original Specifications and Drawings. The additions or changes contained in such addenda shall be considered by the bidder in preparation of his/her Proposal. These addenda will be sent to each prospective bidder at the address indicated in his/her application for a Proposal form. A copy of each addendum so issued shall be attached to the Specifications containing the Proposal submitted by the bidder to the City Clerk.

2.14 LIST OF SUBCONTRACTORS - The Contractor shall perform with his/her own organization and with workers under his/her immediate supervision work of a value not less than fifty percent (50%) of the value of all work embraced in the contract, except when certain items may be exempted by the Special Provisions from said fifty percent requirement.

In accordance with Chapter 2, Division 5, Title 1, of the Government Code of the State of California, Subletting and Subcontracting Fair Practices Act, each proposal shall have listed on the form provided with the proposal, (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the general Contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent (0.5%) of the general Contractor's total bid, and, (b) the portion of the work which will be done by each such subcontractor.

If a Contractor fails to specify a subcontractor for any portion of the work to be performed under this contract in excess of one-half of one percent of the total bid, s/he agrees to perform that portion him/herself.

2.15 COMPETENCY OF BIDDER - The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the project, and shall be skilled and regularly engaged in the general class or type of work called for under this contract.

It is the intention to award a contract only to a bidder who furnishes satisfactory evidence that s/he has the requisite experience and ability and that s/he has sufficient capital, facilities, and plans to enable him/her to prosecute the work successfully and promptly, and to complete it within the time stated in the contract.

To determine the degree of responsibility to be credited to a bidder, any relevant evidence will be considered that the bidder, or personnel guaranteed to be employed in responsible charge of the work, has satisfactorily performed other contracts of like nature and magnitude or comparable difficulty at similar rates of progress.

2.16 RELIEF OF BIDDERS - Attention is directed to the provisions of Government Code Section 14350 to 14353, inclusive, (subletting and Subcontracting Fair Practices Act), which sections are incorporated herein by this reference, concerning relief of bidders and in particular to

P:\Public\Forms\Engineering Forms\City Standard Sepcifications revised 10-09-02 14 the requirement therein that if the bidder claims a mistake was made in his/her bid, the bidder shall give the City written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

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SECTION 3

AWARD AND EXECUTION OF CONTRACT

3.01 CONSIDERATION OF PROPOSALS - After the proposals have been opened and read, they will be checked for accuracy and compliance with these Specifications. If the unit price and the total amount named for any item do not agree, the unit price will be considered as representing the Bidder's intention.

The right is reserved to reject any or all proposals; to waive an irregularity in a bid or bidding procedure; and to accept one schedule of a proposal and reject another, unless the bidder specifically stipulates to the contrary.

3.02 AWARD OF CONTRACT - The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose Proposal complies with the requirements prescribed and who is licensed in accordance with law. Such award, if made, will be made within 30 days after the opening of the Proposals or as specified in the proposal or Special Provisions. If the lowest responsible bidder refuses or fails to execute the Contract, the City Council may award the Contract to the second lowest responsible bidder. Such award, if made, will be made within 45 days after the opening of the Proposals. If the second lowest responsible bidder refuses or fails to execute the Contract, the City Council may award the Contract to the third lowest responsible bidder. Such award, if made, will be made within 60 days after the opening of the Proposals. The periods of time specified above within which the award of contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the City and the bidder concerned.

All proposals will be compared on the basis of the City's estimate of the quantities of work to be done.

3.03 RETURN OF PROPOSAL GUARANTEES - Within ten days after the award of the Contract to the lowest responsible bidder, the City will return the proposal guarantees, other than bidder's bonds, accompanying such of the Proposals as are not to be further considered in making the award. Retained proposal guarantees will be held until the contract has been finally executed after which all proposal guarantees, except bidder's bonds and any guarantees which have been forfeited, will be returned to the bidders whose Proposals they accompany.

3.04 CONTRACT BONDS - Prior to the execution of the Contract, the Contractor shall file with the City one or more surety bonds in the amounts and for the purpose noted below, duly executed by a solvent surety company satisfactory to the City, and (s)he shall pay all premiums and costs thereof and incidental thereto. The bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California. Contractor and Surety shall warrant to the City that the Surety is licensed by the California Secretary of State to conduct business in the State of California and Surety shall provide proof of its authorization to conduct business in the State of California.

Each bond must be signed by both the Contractor and the Sureties.

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The "Bond for Labor and Material " shall be in an amount of 100 percent of the contract price as determined from the prices in the Proposal form, and shall inure to the benefit of persons performing labor or furnishings materials in connection with the work of the proposed contract. This bond shall be maintained in full force and effect until all work under the Contract is completed and accepted by the City, and until all claims for materials and labor have been paid.

The "Bond for Faithful Performance" shall be in an amount of 100 percent of the contract price as determined from the prices in the Proposal form, and shall be so conditioned as to insure the faithful performance by the Contractor of all work under the Contract. It shall also insure the replacing of, or making acceptable, any defective materials or faulty work.

The Faithful Performance Surety Bond shall remain in effect to guarantee the repair and replacement of defective equipment, materials and work, discovered within one (1) year, after final payment has been accepted by the Contractor and the payment to the City of all damages sustained by it on account of such defects, discovered within one (1) year, or in lieu thereof, a bond equal to ten (10) percent of the full amount of the contract, may be substituted for the faithful performance bond upon completion and final acceptance and final payment for the work performed under the contract, which shall remain in effect for a period of one (1) year to guarantee the repair and replacement and payment of damage. In all respects, the substitute bond shall satisfy the requirements and conditions of the original Faithful Performance Bond.

Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given the Contractor to that effect, and s(he) shall forthwith substitute a new surety or sureties satisfactory to the City. No further payment shall be deemed due or will be made under this Contract until the new sureties shall qualify and be accepted by the City.

All alterations, extensions of time, extra and additional work, and other changes authorized by these Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the contract bonds.

3.05 EXECUTION OF CONTRACT - The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten days, not including Sundays and legal holidays, after the bidder has received the Contract for execution or as specified in the proposal or Special Provisions..

3.06 FAILURE TO EXECUTE CONTRACT - Failure of the lowest responsible bidder, the second lowest responsible bidder, or the third lowest responsible bidder to execute the Contract and file acceptable bonds as provided herein within ten days or as specified in the Proposal form or Special Provisions, not including Sundays and legal holidays, after such bidder has received the Contract for execution shall be just cause for the annulment of the award and forfeiture of the proposed guarantee.

3.07 CONTRACTOR'S INSURANCE -

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3.07.01 General - Without limiting the responsibility of the Contractor for damages as set forth in Article 7.18, the Contractor has obtained all insurance required under this Article, and such insurance has been approved by the City, nor shall Contractor allow any Subcontractor to commence work on any Subcontract until all insurance required of Contractor has been likewise obtained by the subcontractor, and such insurance is approved by the City. Approval of the insurance by City shall not relieve or decrease the liability of Contractor hereunder.

3.07.02 - Type of Coverage - Without limiting any of the other obligations or liability of Contractor, Contractor shall provide and maintain, until the work is completed and accepted by the City, the following minimum insurance coverages, unless otherwise specified in the particular specifications.

Type of Coverage Limits

Workers compensation and Employer's Liability, Statutory including coverage under the United States Longshoremen's and Harbor Workers' Act, where applicable.

Comprehensive general liability which shall include, or be endorsed to include, the following:

1. Cross Liability Coverage Bodily Injury

2. Blanket Contractual Liability Coverage $1,000,000 each

3. Contractor's Protective Liability Coverage accident;

4. Products and Completed Operations Coverage Property Damage

5. Broad Form Property Damage Coverage $500,000 each

6. Explosion, collapse and Underground Property occurrence Damage Liability Coverage $1,000,000

Type of Coverage Limits

Automobile Liability Insurance covering all Bodily Injury automobiles, trucks, tractors, trailers, $1,000,000 each motorcycles, or other automotive equipment, accident whether owned or rented by the Contractor, or owned by employees of the Contractor. Property Damage $5000,000 each accident

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3.07.03 INSURANCE PROVISION - The insurance provided by the above insurance policies shall name as additional insured the City of Santa Cruz, its officer, agents, and employees and shall be primary insurance to the full limits of liability stated above to said additional insured. If said additional insured have other insurance against the loss covered by said policy, that other insurance shall be excess insurance only. The comprehensive general liability policy shall be endorsed to provide insurance to said additional insured with respect to omissions and supervisory acts or omissions, including passive negligence with respect to said work, and shall not be subject to reduction or cancellation without thirty (30) days prior written notice to the City of Santa Cruz.

In the event the work called for in this contract is to be performed as a joint project with the State of California, or a County, or any City within a County, or other agency, or is to be performed on lands under the jurisdiction of the State of California, or a County, or any City within a County, the policy of insurance required by paragraph 3.07.02, entitled "Type of Coverage" shall name the State of California, that County, and/or that City or other agency additional insured in addition to naming City and the statement contained in paragraph 3.07.03, entitled, "Insurance Provisions," shall be modified accordingly.

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SECTION 4

SCOPE OF WORK

4.01 WORK TO BE DONE - The work to be done consists of furnishing all labor, methods or processes, implements, tools, machinery, construction equipment, materials of any kind, and installed manufactured equipment, except as otherwise specified herein to be furnished by the City or from sources provided by the City, which are required to construct in a good and professional manner all the work herein provided for.

4.02 MAINTENANCE AND CLEAN-UP - Throughout the construction period, the Contractor shall keep the site of the work in a neat and clean condition, shall dispose of any surplus materials in an approved manner off the site, keep debris out of drainage ditches, and maintain proper housekeeping practices to the satisfaction of the Director.

When any material is to disposed of outside of the easement or street or highway right-of-way, the Contractor shall first obtain written permission from the owner on whose property the disposal is to be made. Disposal must conform to grading ordinances of the jurisdiction in which the work is performed.

Upon completion of the work, and prior to requesting final inspection, the Contractor shall thoroughly clean the site of the work of all rubbish, excess materials, falsework, temporary structures, and equipment, and all portions of the work shall be left in a neat and orderly condition.

The final inspection, acceptance, and final payment will not be made until this has been accomplished.

4.03 CHANGES - The City may increase or decrease quantities of work to be done under the Contract, make revisions to the Drawings or Specifications, or require the performance of extra work and furnishing of materials therefor by the Contractor as the City requires for the proper completion or construction of the whole work contemplated. The City, at its option, may furnish said materials.

The changes will be set forth in written Contract Change Orders which specify the work to be done in connection with the changes, the basis of compensation for the work, and any adjustments of contract time. Such Change Orders shall be approved by the Director.

Upon receipt of an approved Contract Change Order, or of a written authorization from the Director setting forth a description of the change and agreed upon changes in contract price, the Contractor shall proceed with the work so ordered.

In the absence of an approved Contract Change Order or written authorization, the Contractor shall not be entitled to payment for any changed or extra work or any adjustment of Contract time.

When the changes increase or decrease the cost of the work, an adjustment of the Contract price will be made as set forth in the Change Order. At the option of the City, the work which is changed may be paid for on the basis of force account.

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New and unforeseen items of work will be classed as extra work when the item cannot be covered by any of the various items or combination of items for which there is a bid price. The Contractor shall do such work and furnish such materials and equipment as may be required in writing by Director, but shall do no extra work except upon written order from the Director, and in the absence of such written order, (s)he shall not be entitled to payment for such extra work. All bills for extra work done in any month shall be filed in writing with the Director before the fifteenth of the following month. For such extra work, the Contractor shall receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, (s)he shall be paid on force account. If the work is done on force account, compensation shall be in accordance with Article

9.04 of these Specifications. The City reserves the right to furnish any material deemed expedient and the Contractor shall have no claim for profit on the cost of such materials. All Contractors shall have no claim for profit on the cost of such materials. All extra work shall be adjusted daily upon report sheets furnished to the Director by the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of extra work done.

4.04 PROTESTS - If the Contractor considers any work demanded of him\her to be outside of the requirements of the Contract, or considers any record or ruling or act or omissions of the Director to be unfair, s/he shall immediately, upon such work being demanded, or such record or ruling being made, ask in writing for written instructions or decision, whereupon (s)he shall proceed without delay to perform the work or to conform to the record or ruling, within 30 days after the date of receipt of the written instruction or decision, (s)he shall file a written protest with the Director stating clearly and in detail the basis of his\her protest. Except for such protests as are made of record in the manner herein specified and within the time limit stated, the records, rulings, instructions, decisions, and acts or omissions of the Director shall be final and conclusive. Instructions and decisions of the Director contained in letters transmitting Drawings to the Contractor shall be considered as written instructions and decisions subject to protest in the manner herein described.

4.05 DUST CONTROL - During the performance of all work under this contract, the Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required to carry out proper and efficient measures wherever and whenever dust control is necessary to prevent the operations from producing dust damage and nuisance to persons and property. Any claims resulting therefrom shall be borne solely by the Contractor.

Full payment for dust control shall be included in the unit price bid for other items of work and no additional allowance or direct payment will be made therefor.

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SECTION 5

CONTROL OF WORK

5.01 AUTHORITY OF DIRECTOR - The Director shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate or progress of the work; all questions which may arise as to the interpretation of the Drawings and Specifications; and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. His/her decision shall be final and s/he shall have authority to enforce and make effective such decision and orders which the Contractor fails to carry out promptly.

5.02 DRAWINGS TO BE FURNISHED BY THE CONTRACTOR - The Drawings listed in the Specifications shall be supplemented by the Contractor with such working drawings as may be required for the prosecution of the work and approval of equipment. Such data may include shop detail drawings, reinforcing steel details, fabrication drawings, falsework and formwork drawings, pipe layouts and similar classes of drawings, which shall be favorably reviewed by the Director before any work involving these drawings is performed. No change shall be made by the Contractor in any working drawing after it has been favorably reviewed by the Director. Drawings shall contain all required detailed information of reasonable scale with enough views to clearly show the work to be done or the item to be furnished and shall be properly checked.

Working drawings will be subject to approval insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for successful construction of the work and operation of the equipment.

It is expressly understood, however, that approval of the Contractor's working drawing shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreement of dimensions and details. It is mutually agreed, that the Contractor shall be responsible for agreement and conformity of his/her working Drawings and Specifications.

The sequence of submission of working drawings shall be such that all information is available to the Director for review of each drawing as it is received. A minimum of five prints of each working drawing shall be submitted. Three prints will be retained and the balance returned within 20 calendar days with the Director's action indicated thereon. The Contractor shall make any necessary corrections and revisions to returned Drawings and shall resubmit the Drawings in the same routine as before within 20 calendar days after receipt.

Responsibility will be upon the Contractor to furnish Drawings in sufficient time for approval action including resubmittal, without delaying construction.

The cost of furnishing all working Drawings shall be included in the Contract prices for work to which the Drawings are appurtenant.

5.03 DRAWINGS AND DATA TO BE FURNISHED BY THE CITY - The City may issue supplemental Drawings for the construction work under the Contract. These drawings will show

P:\Public\Forms\Engineering Forms\City Standard Sepcifications revised 10-09-02 22 additional details as required for construction purposes. Installation instructions for City furnished materials will be furnished if required.

5.04 CONFORMITY WITH DRAWINGS AND ALLOWABLE DEVIATIONS - Finished work in all cases shall conform with the lines, grades, cross sections, and dimensions shown on the approved Drawings furnished by the City. Deviations from the drawings as may be required by the exigencies of construction will be determined by the Director.

5.05 MAINTENANCE & OPERATION MANUALS - For use in the subsequent operation, the Contractor shall furnish two copies of maintenance and operation instruction supplied by the manufacturer for all equipment items. They shall be bound and suitably indexed in heavy, loose leaf binders.

5.06 SUPERINTENDENCE - The Contractor shall designate in writing before starting work, an authorized representative who shall have complete authority to represent and act for the Contractor.

Where the Contractor is comprised of two or more persons, partnerships or corpora-tions, functioning on a joint venture basis, said Contractor shall designate in writing to the Director the name of their authorized representative who shall have full authority to direct the work and to whom orders will be given by the Director, to be received and obeyed by the Contractor. Said authorized representative of the Contractor shall normally be present at the site of the work at all time while work is suspended, arrangements acceptable to the Director shall be made for any emergency work which may be required.

Whenever the Contractor or his/her authorized representative is not present on any part of the work where it may be desired to give direction, orders will be given by the Director, which shall be received and obeyed by the Superintendent or foreman or authorized representative who may have charge of the particular work in reference to which the orders are given. Any order given by the Director, which shall be received and obeyed by the Superintendent or foreman or authorized representative who may have charge of the particular work in reference to which the orders are given. Any order given by the director, not otherwise required by the Specifications to be in writing, will, on request of the Contractor, be given or confirmed by the Director in writing.

5.07 LAYOUT OF WORK AND SURVEYS - All work shall be constructed to the lines and elevations shown on the contract drawings.

The City will provide only the minimum of survey crew services essential to orderly performance of the work, and City survey crews will not be available at all times for the work under these Specifications.

When the Contractor requires stakes or markers, (s)he shall notify the City of his/her requirements in a reasonable length of time in advance of starting operations that require such stakes or marks. In no event shall a notice of less than two working days be considered a reasonable length of time.

Where construction operations require removal of the City's stakes or other survey marks, the Contractor shall reference such points in an approved manner. Survey stakes or marks established by the City shall be preserved by the Contractor until (s)he is authorized to remove them, and in the

P:\Public\Forms\Engineering Forms\City Standard Sepcifications revised 10-09-02 23 case of their unauthorized destruction or removal by the Contractor's forces, they will be replaced at the Contractor's expense. Any cost to the City of replacing survey stakes or markers will be deducted from payments due the Contractor. Such costs will include a reasonable charge for use of City supplies and equipment, plus overhead.

5.08 INSPECTION - The Director and his/her representatives shall at all times have access to the work during its construction, and shall be furnished with every reasonable facility for ascer-taining that the materials and the work are in accordance with the requirements and intentions of the Drawings and Specifications. All work done and all materials furnished shall be subject to his inspection and approval.

The right of general supervision shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property arising from the execution of the work shall not be lessened because of such general supervision.

The day-to-day inspection performed by the various inspectors employed by the City shall not constitute approval or ratification of work improperly done by the Contractor. The Director is the only person authorized to recommend acceptance or rejection of work and materials.

The presence or absence of an inspector during performance of the work shall not relieve the Contractor of any of his/her obligations to fulfill his/her Contract as prescribed. It shall be the duty of the Contractor to see that the provisions of these Specifications are complied with in detail, irrespective of the inspection given the work during its progress by the Director or his representatives. Any plan or method suggested to the Contractor by the Director or an inspector, but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City and the Director will assume no responsibility therefor.

Defective work shall be made good, and unsuitable materials may be rejected notwithstanding that such defective work or unsuitable materials have been previously inspected by the Director or that payment therefor has been included in the progress estimate.

Projects financed in whole or part with Federal or State funds shall be subject to inspection at all times by the Federal or State Agency involved.

5.09 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORKS - All work which has been rejected shall be remedied, or removed and replaced by the Contractor in an acceptable manner at no additional cost to the City.

Any work done beyond the lines and grades shown on the Drawings or established by the City, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Work so done may be ordered, remedied, removed, replaced.

If the Contractor should fail to comply promptly with any order of the Director made under the provisions of this Article, the Director may cause rejected or unauthorized work to be remedied, removed, or replaced, and the costs thereof to be deducted from any monies due or to become due the Contractor.

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If any portion of the work done or materials furnished under the contract shall prove defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Director shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but s\he shall make such deductions therefore in the payment due or to become due the Contractor as may be just and reasonable.

5.10 CONSTRUCTION EQUIPMENT AND PLANT - Only equipment and plant suited to produce the quality of work required will be permitted to operate on the work.

Plants shall be designed and constructed in accordance with general practice for such equipment and shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity and of such character to ensure the production of sufficient material to…