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HomeMy WebLinkAbout2011-024 Toste Construction Pavement Striping 1 ,%S ADERU QTY OF ATASCADERO CONTRACT FGR T©STE CONSTRUCTION for STRIPING AND PAVEMENT MARKING 2011 — 2012 BICC NO. 2011-010 City of Atascadero Toste Construction IM111rcA MiE 07' .19HB 1978 P! CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATA.SCADERO TOSTE CONSTRUCTION THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Toste Construction ("Contractor"). City and Contractor agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. ?. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees City of Atascadero Toste Construction and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research, C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal Jaws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 30, 2013, unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's express written authorization signed by the City Manager is given to Contractor for the performance of said services. 3 City of Atascadero Toste Construction 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Contractor shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS- The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify City of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. City of Atascadero Toste Construction 7. CHANGES: The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Contractor shall have no property right therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City, 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. 5 City of Atascadero Toste Construction E nra.Rc^neso� 10. CONFIDENTIAL INFORMATION- A. ALL INFORMATION KEPT IN CONFIDENCE, All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES- A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit A. City acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Conti-act. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's 6 City of Atascadero, Toste Construction Aw license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES. In the event it is determined that the Contractor is required to pay prevailing wages for the work performed under this Agreement, the Contractor shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING.- None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 14. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors. 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or 7 City of Atascadero Toste Construction subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or an behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. 17. INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement. 18, RECORDS: Contractor shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Contractor shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 8 City of Atascadero, Toste Construction !01 19, MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination, B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS- This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 9 City of Atascadero Torte Construction G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Conti-act shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses-. City: City of Atascadero Public Works Director 6907 El Camino Real Atascadero, CA 93422 Contractor TOSTE CONSTRUCTION TONY TOSTE, OWNER 941 Griffin Street Arroyo Grande, CA 93420 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. 10 City of Atascadero Toste ConstructionSIR f_ K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder. AGREED to this -.�� day of � s_,,�� 2011 by the parties as follows. TO TE CONSTRUCTIO By: Tony Toste, Owner Approved as to form: CiTY OF ATASCADERO I;. . By: Brian Pierik, City Attorney '; ' Wade McKinney, City Man+r I L City of Atascadero Toste Construction CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONTRACTOR Tony Toste, Owner 12 City of Atascadero Toste Construction 2r U3 ° 's� CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE RE,QUIREMENTS Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this contract will be on file in, and available at,the office of the Director at 6907 El Camino Real,Atascadero, CA. Wage determinations are also available online at www.dir.ca.gov/DLSR/PWD/Southem.htmi. Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. Contractor shall comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5),must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on publi works in apprenticeable occupations. CONTRACTOR Tony Toste, Owner 13 City of Atascadero Toste Construction EXHIBIT A Scope of Work All work performed shall comply with engineering plans and specifications instructions, per bid package Striping and Pavement Marking, City Bid No. 2011®010, hereby incorporated by reference. The Striping and Pavement Marking project consists of hgoo years of annual road striping and pavement marking services. Per the specifications, the contractor shall diligently prosecute the work to completion before the expiration of THIRTY (30) working days after the Notice to Proceed has been issued. It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these specifications, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain, in the event of any, by reason of such delay-, and it is therefore agreed that the Contractor will pay to the City the sum of one hundred dollars ($100.00) per day for each and every calendar day delay beyond the time prescribed to complete the work; and, the Contractor agrees to pay such Liquidated Damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract, The Contractor shall not be assessed with Liquidated Damages, nor the costs of engineering and inspection during any delay in the completion of the work caused by acts of the federal government or the public enemy, or acts of God, fire, 'floods, epidemics, severe weather, or delays of subcontractors due to such causes-, provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City Engineer in writing of the cause of delay, who shall ascertain the facts and extent of the delay, and his finding of the facts thereon shall be final and conclusive. 14 City of Atascadero Toste Construction EXHIBIT A (continued) SCOPE OF WORK SECTION I - GENERAL `9-f Scope of Work 1-1.01 Plans and Working Drawings Th* work embraced herein shall, be: dene in accordance with: the City Standard specifications and Drawings and the Plaris and Special Provisions, as the same may apgy. and � accordance with the Standard Spec&-cations,andwhe Standard Plans. kh case of cor&W beweeen the-City Standard Specifications and DmvAngs and the Plans, the Plans and the, special Provisions. and the Standard Specifications and Standard Plans,. the, most stringent specification,in the opinion of the City Engineer,shah prevail. 11-1.02 CleanLlp All surous materais and)cc debris of arty type or quality resu4ting from Contractor's work shall be rernaved off the work site,or as direedby the City Engineer. The work site shall,be Wft neat and clean,. 4-1.03 Alterations and Changes The City reserves the right to make such alteradoons,deviia-dons,additions to.or amisslans from t,,e Pians a n d S pecifl cati on s, i n--Isad i ng the rig€^t to increase or decrease the quantity of airy item or par bon of the W-crk.or 10 omit any iter"or partion of the Work,as may be deemed by the City Engineer b be necessary or advisable,arA to reqtAre such extra work as may,be:determined by the City Engineer to be required for the proper compLedon or perfbrmance of the wholework contemplated.. Any such:alterations or-ranges wit., be set forth in a:change order,.which wAl specify, in addition to the woW to be done or omitted in,onn"cilion*�thechange made,adjustment of GG"tracrt Time,if any,and the basis.of compensation for such work or credit.!to the Q*as the case may be.. A Change Order will not b-acome eftemwe until approved by the City. Upon receipt of an approved Change Order,Contractor shalpr&-teed with the ordered woric If ordered in.. wrifing by the City Engineer,Cordravtw shall proceed m6th the Change Order forth-vArh. 1-2 Control of Work 1-2.01 Authority of the City Engineer, The City Engineer strap decide any,and.A quesdons which iway arise as to the quality or acceptabiRty of materials kimished and work pe�dormed.and as to the manner of perforrinance and rate of progress of the Work; ail questions whociM arse as to the interpretation.:of the Plans.and Special Provisions-,all questitons as to accept3ble rnaffilwent of the Contrax--t on the part of Contractor and a4l questions as w cUms and compensaum- His decision strap be final and he shall have executive auttiority to enforce and nmke eft-wive suct)decisions and cridem which Cionzrwctorfafs to carry out prompty. 4-2.02 Plarts ,dl work shall comorm to the approlimed Plans, it is mawa0i agreed, hovieveT, that approval by the City. Engk,*er of Contracto-tes working plans does not relieve Contractor of any responisibil*3 ftx- a0culacy of dimensions and deter s, and that Contractor shall be responsible !or agreement and Conformity of his wnrking pians wrth Lne approved Plans and Special Provisions- 1-2.03 Conformity with Plans and Allowable Deviations Finished surfaces in ail cases shaft conform to the dirrien-sions-spawn on.the approved Plans. Deviations from the approved Plans as may be required by the e6gerioies of construcdon,will,be determined in all cases by the Cky Engineer and auftrized in writing. 15 City of Atascadero Toste Construction 1-2.04 Coordination and In-tierpretation:of Ram, Spec ificati-ons Special. Provisions The Plans and Special. Provisions, the Standard Speeificaficms and Standard Plans, and A su,Wementary documents am essential parts of the Contract and a requirement occurring in:one is as bindirl:as though occurring in all. They are inter-ded to be cooperative, to describe, and to pmvide for a complete work. Plans shall governover t,*r--31aruJard Spec-ificadions; Special Provisions shall gmem over both Plans and the S-tardard Speciffications- ShoOd it appear that th*work w he xione, or any maim r relative thereto,is not sufficieeny detaited or explained in the Parrs and Special Provisions,Contra or shall apply to the City Engineer for suvi further explanatiwn as may be necessary and shaR, conform to such explanation or imerpretation as pan of the Contract, so far as may be consistent with the i ment of the originai Special Prcvisions, In the event of doubt w- question relative to 0-4 true m—eaning of the Special Provisions, reference sharl be made in than Cty C-ourcit,whose decision thereon shag be final. Vn the event of, any discrepancy between any drawing and Woe fVures written themon,the figures shall be taken as correct. i 1-2.05 Order of Work When.required by the Plans or the Special PTaNisions,Contractor shall follow the sequence of operations as set forth therein- Full ompensation for conforming to such.requ4�ements will be considered as included in the prices paid for the various contract items ofwork.,and no additional compensation.wilt be allowed therefor. 4-2.06 Conferences A pre-construction:conference wVR be held prior to commencing work. Nor to-Dommeming wo*and at any time during thy,pr rens of the Work.the MV Engineer shall have autywfity to mquire-contractw to attend conferences of any or all of the subcontractors engaged in the wark.; and arry notice of such conferen-ce sha#be duPy obsented and complied with by Car a r. 4,2.07 Suiperin-tendence Contractor designate in writing Wine starting to an: authorized representative who shall have the authority to represent and aci for Contractor. Saeid authorized representative shat be present at the site of the wcrk at at, urnes while-wo* is actually in pm. gress. When work is not in progreass and duning p 'ds hen spark is suspended. arrangements acceptat4e;to the,City Engineer shad be made for any erm. -widen er-nergenay work which:may be required. Whenever Contra-ttor or his authorized repTesenta-6ve is not present on any particular part of the work -where it may be desired to give da"rection., orders will be givenby the City Engineer. whith, shall be received and obeyed.by the superintendent or foreman who may havecharge of the particular work in ref%eo.rence to which the orders are given. Anyorder given by ghee City Engineer, not othenvise reqL6md by the specift—ations to be in.writing,*41 on request of Contactor,be given:or confirmed by the City Engineer in writing. 1-2.08 Inspection The Civj Engineer or a designated representalive, shad at aV tmies have access to, the 'Afork during constnuction and shall be furnish'with every reasonable facifty for ascertaining that the,matedais used: and employed and the wo4marship are in accordance with the requTem*nts and iftentions of these Speciflea-dops. Aft wo*done and at max.-fials furnished shall be suboat to inspection and approvaAL Whenever Contractor varies the peAA duAr g.which work is carried on each daffy.he shall give due notice to the City Engineer so that proc*r inspection may be provided- Any work done b the absence of the(.1ity Engineer vifill be subject to;rejectic,'n- The Inspection of the work shalt r relieve Contraoctor of any of his obligadons to full the CorMact as pTe-scribed. 16 City of Atascadero Toste Constructioti 1-2.09 Authority of Inspectors Proper`y,+ authorized w-espectors shag be cansdered to tie the m-presentatives of the City limited to the duties and powars enwised to them. ft WW be Lhehr duty to respect matedats and workmanslup of those portions of tie work=- which they are assigned.e4ther indiVidualily cc collectively,under instructions of the City Engineer, and to report any and wN deviations from the Plans and Speast. Provisions. and' other oonfram pmvmions which may corne to their notioe: 1-2.10 Removal of Defective or Unauth orized Work Ail work which is defectuve On its constniction. or deficient in any of the reQu4wnents of the S-pecifleadors. sh"011 be rernedled, or remowd and repAsced by Contractor in art acceptabi—e manner, and no compensation virill be all-owed for such owrection_ Any vmfk done beyond the;fines andgTades shown on the Plans,or established by the City Engriser, of any Extra Work done withcut written authority,wil,be considered as unauthonzed,and no compensation wN1 be Mlowed for such work. Upon failureon the pan of Contractor to comply-fiordvwith-with any order of the City Engineer made under- the prcrvisions of this section, the.Cly Engkneer shad have the authority to cause defea4e work to be remedied or removed and replaced, and unaullr-orized work to be remomd, and to :deduct the costs thereof fronts any moneys clue or to become due,Contractor. 1-2.11 Placing Portions of Work in Service If desked by the City,and consenzed;to by Contractor in wnting,portions of the work..as coo- pleted.may bee p4aced m service. Contractor shall prm-ide proper access to the.work-for this purpose, but such use and operation shall nw-oonsftte an acceptance of the work.,and Cootractor shall beliable for defects 11,ue to faulty constructor untl the entire v)Dr1k under this contract is f nally accepted. The City shall perform normal maintenance on approved porfions of work placed in.service.. 4-2.12 Equipment On;y equipment sukal:4—e to produce, the qualiry of work required., will be permAtedd to operate an the protect. Contra shaff pmAde adequate and suftable equipment to meet the above requirements,and when ordered by the City Engineer,shaff remove unsuitable equipment from.the work- 1-2.13 Character of Workmen If any subcontractor or person employed by Contractor shall faff.or refuse to carry out the direotions,of the Cii:Ehgineer,or shall appear=-the City Engineer to:be inompetent or�b act in a disorderty.or improper manner. he shall be- disr—harged immediatety on, the fe-quisitibn of the City Engineer, and such person shall not;again be em. pbyed on:the W.O*. 11-2.14 Finat Inspection Whenef.rer the vmrk, provided and contemplated by the Contract shall have•been.satisfaclodly complied and fnal* cteaning up performed, the City Engineer will make the final inspection. A federal or state ins,pe=r may accaimpany he City Engineer on final inspeedon.for projects financed with St-deral or stale funds.. Wfwn the work ;--, found to be Jn.com pli-arce wfth:these speed-ficalions.,the City Engineer wiM recommend to the City Manager aeceplanoe of Ow.completed woet Thework is not complete uftt-4 such acceptance by the C ity Mariagen 1-2.15 Limits of Contractor's Opera-tionas and Storage cif.Material and Equipment Contractor's operations shati be confined- to the area established by the Draw4ngs urt*ss Contractor obtains additional areas as described i6sevA ere in the SpecWicustions. Avagablbe space on the Job sig may be-used,fes,.the storage of ratrialsand equipmem. The bcadon and extent of areas so used shall be as designated and appro—ved by the Cky Engineer. It shall be clearty understood that the responsibRity IV the protection and safekeeping of equipment and materials,on or near the sae will be err irelly that of Conwactor and that,no claim shaff bernade:ag-*ns*,Fes.City by. reason & arty act of`any employee or trespasser- It,shak be fUriher understood.that should any occasion arise 17 City of Atascadero Toste Construction necessitating access to the sites compied by the st-ored matenals and equipment contractor shall pnxnptly move same, The City shall have the ng"t to enter the premises for the purpose of doing work not cotered by the Contract DocumerAs. This pwifision shall not be comtrued as reherving Contractor of the sole responsibility for the care and protection of**Work, or the restoration of arry damaged work, except: such.as may be caused by agents or ern&-yees of the Cly 1-3 C ontrol of Materials 1-3.01 Source of Supply and Quality of Matenials Contra sball fumish all:malw1als required to ccimpilete the Work, except materials that are designated in the Special Prowsions to be furnished by the City: NotmAthstanding any prior inspection or approval, on4y ma*rials; conforming to the requirements of the Specifications shaff ber incorporated in the work- The mmerials furnished and used shali be new, except as may spe-efficafy be provided elsewhere to these Plans and Special P?�wisions- The miaterlaits shall be manufactured, handled. and used in a- workm,ankke manner to insure completed work in accordawncewkh the Plans and Specifications. When reques*d.Cion—L actor shall furnish the City Engineer a Ist of his sources of materials. The list shall be furnished to the City-Engineer in sufficient tirne to permit ptoperinspeoong and,testing of materials to be furnished from such isled scumes in advance of their use. Cbrstractor shal-, fumish without charge such sampt s.as may.be require& linspection and tests will be made and reports rendered, as required by thea Ofty Engineer, but it is understood Oat such..inspections and tests in no way shall be considered as a g=uaranty at acceptance of any material which may be deAvered.Eater for incorporation in the work.. 1-3.02 Furnish&d Matenals Materials furnished by the City*4 be available at kicadons design ted in the Spedat Provisions,or if not designated in the Special Provisions,they salt be delivered to the ptoject. They sh.-Af be urfloaded:and hauled to the sAe of the work- by Contractor at his expense.. The cost of hartdFng and placing City kmished materials shall be considered as included in the prices paid for the various it-ems Involving such, City fUrnished materials- Comractor will be paid resoonsible-for all mateiriads ftpmished to Nm., and he shall pay all damage and storage cha-,rges- City furri4shed rpaierials,lost or sdamagedi fns m any cause whatsoever shall be replaced by contractor. contractor wiR be liable to the City for the cost of replacing City fumished materials, and such,cost in ay be.deduated from any mon vys due or to bew;tee due Contractor. 1.-3.03. Storage of materials Materials shall be,stared insuch a manner as to insure;The preservation cf-their quality and fitness for the. Werk. When..considered necessary bye City Engineer, materials shall be placed on:pla-dorms or other hard. clean surfaces and co,.,--T-ed when. directed. Materials shall be skwedi so as in fadiftiate Prompt inspection. 1-104 Defective Materials. .AJI mattenals not communing to tie requirements of tie Plans and Specifications: shaill be rejected. whedi-ter in place or no*, -they.shall be,rieernmoed imirrve-diateily from the she of the Work,unress ot-Ae-,.0'se, p:err nit t by the Cky Engineer. No, re4jected rnate-Wi.. the defe-= of which hmfe been subsequently oon-ecmd, shall be used in.the Work, uniess approval in writqg has been given by the City Engineer. Upon ftkure of Cor&acw to, Ocrnplj Promptly yoth any order of the Cky Engineer made under the prainsions of this section,I*City Engineer shaill have authanty to cause the minoval and replacernent of rejected materials and to deduct the oos7 thereof from any moneys due or to:become due,Contractor. 1-3.05 USPOSM of Matedais braless otherwise specified in. ft SpeciaJI Provisions, Contsactor shall make Wis own arrangernents for disposing of materials off of the City's proper-ty,and he shall pay all costs invoWed therew1h.. City of Atascadero Toste Construction 1-3.0-6 Trade Names and Aftentatives For convenience 41 designation an the Plans or in the Speciftladons, certain articles or materials to be incorporated in the Work may be designated under a trade riarne of a, manufacturer and its Catalog iriftrmation. The use of an altemat-o-m art-ale or rnalerfat v*Ach is of equal'qualky and of the required characteristics for the purpose intenoed w0l be permMed,s&ject to the folio ng reqwitemerfts. A- The burden of proof as to the quality and sufta&*of afternatives shai.1,be upon Contrw=r, a-ad he shah furnish A information necessary as required by'rhe City Engineer. The C ity Engineer shall be the sole Judge as to the qua€thy and suftabiky of:M.ernative articles or materials.and his decision shall-be final, B. Whenever the SpecAcations permk the subs&mfion of a similar or&4uivalent material or article.no tests or action relating to the approvat of such substitute fnateriawill be made until the request for,substitution is made in. writing by Goritract".accom"nied by complete data as to the equaftj of the mat-enal or article proposed- Such request sbalf be,made within 35 days.fnmn the dateof the Notice;to Proceed:and sha-I be made in ample time to per nit approval with,,out detaying the wark- 1-3.07 Certificates of Compliance The City Engineer may pernmoit nne use of certain matenalLs,prior to sampfing and tesling, it accompanied by a Certitcate of Compliance stating the matertaf,,wmpfift in alt respects wiith the requirements of the Speo. ftations.The Certificate sh- all-be signed by the manufacturer of the material.. All materials, used on the basis of a Certftaie of Compliance may be sampled and testedat any dme- The fact *f at d-pe material is used on the basis of a certificate shall= not relieve Contractor of the responsibility for incorporadrigthe material in the work in cor4ormance wkh Ilse Plans and Special Provisions. 1-3.08 Ceffilicates. Conlra&.or shall submit to the City Engineer three (3) certified cops of reports from the company supplying a produ&,or material, stat-rig that the product or materiat delivered'to the work comp5es v&h the Spe-05cations. The certificate shah' be presented to the City Engineer for reoiew prior to:use of the product or material in the Work. No additiona-I payment wilt be made for furnishing;such oertificates,and costs incurred sha-S be included in the prices paid for the various items of work. 1-3.0%Testing Testing of materjais or work shall be done in aocordanoe with standard.* methods in use by nationaily recognized laboratories. The City Ertgire r and the laboratory: or its,authorized representative. shall make and approve all testing. Ifflienever a referertoe is made in the Speadimt-jons to a test method by CaftmLa Number, it shall mean the test method in erfact on the day the NI ob-ce,to Sidders fig the work is darted.. Whenever a reference is imade in at e- Spehoifications to a specification or tesz.designation either of dw Arnenan So6eet for Testing and Materials, or any other recognized national organizabon,the number a accompanying the test des4nabon reprementing, the year of adoption of:the test S. omined, and it shall mean I!&test method in effect on the day of Notice to Bidders for the work is dated. When requested'by the City Engineer. Cor—ffac-tor shall ftirmish, Without chargeo sampies of aril Materials entering:into the Wof*,and no materials snail be used prior to appwval,by the City Engineer. A- Compaction Control and Testing-The Citywill per,aR soft testing wort under the superVision of the'City Engineer and emptoy the services of a sort tesOng labora", tea coned and report upon 1?*ooirpacton in compactedernbainkments,stiricture backiiiI and excxvatiort backfill. Shou&d tie compatttion methods used fad to achieve the requireed,degree of compaction.Contractor shall revise his methods to aci-,ieve the required oornpact� unless;otherwise directed by the Cly Engineer,. Contractor shall make of necessary exoavatioris,for test pAs as directed by the City Engineer. Contractor shall refill acid re-oompact test pitsto the densitie's specified in the Plans and 19 City of Atascadero Toste Construction Special Provisions. Omaractor shall provide shonng or other safety measwes.as required testing. B.. Payment-The Cky will pay the costs for the iriffiai can-pac6on:gists.. If any tests do not meet the requirements of these specifications, Contractor shall pay the costs of the retests until the specTed compac6on isobtained. Full:compensation for con-forming:to the requirementsof this section,including excavation, shoriV and backNing of test.pft. shalt be considered as in Waded in the,contract price paid for the ftern of work.to which it is appurLartant and no adcWonal tompensation shad be. allowad dwe6or. 1-4 Legal Relations and Responsibitities 1-4.01 Laws to, Be Observed Contractor shall com"with all existing national.state,and lixal laws,and alt ordinances and regulations of the C4, which in any manner affect those engaged or emptoyed,in the work or the matenals-, used in the work,or which in any,wayaffiect the cmduct of the work.and AII such orders and decrees of bodies or tribunals ha ng any jurisdction or audwrity voer the:varve. 1.4-01A Labor Code Requirements C_or'Factor shail comply vAth all of the proviisions of Section 7-1-01A 'Labor Code Requirements' of he State Standard Specifications,. Attention, shall be directed-to Seeflan 74.01P421 Prevailing Wage. An up-to-date.fate schedule can be obta,*ned or. the Inte*mr at or by contacting the Depaitment of Inckis-blah Relations. Mvisior, of Labor Statistics and Research. 455 Golden Gate Avenue,. 5th Roor, Room 5184,San;:rancis co,CA 64102. Pf Federal funds are involved.you may need Io use Federal prevaffing viages,whibh can:be Obtad-ined from the Wage and Hour Dkeision:of the Depanment of Labor'.71 Stevenson Street,,San Francisco,CA 94105. 1-4.02 Elacroachment Permit and Business License Contractor shaft ob-taintb&.h a business license and an en=achn-aenr permft from the City of Atascadero prior to commencement of construction operaton on the erect. 1-4.03 Pu*.b fic Convenience and Safety Contractor s1hall so conduct his opefations as to Cause the least possible incanveniem. e to the general public and the residents of the vidnity. Contra=. r sura;))fijrnisti, erect and maintain such fenoes, barriers., lights, and signs as are necessary to, give adecruate wa.ming to the pubtic at all finites that work is in progress ard of any dangerous conditions to be encoitintered as a result thereof,,and he shall also erect and maintaib such waming signs as•may be- required by the City Engineer. 1.4.04 Preservation of Property Contractor shall conduct his operstons in summa a manner as to avow injury or damage tor propert y and impmvem. ents or fackies on;or adjacent to the site of the Work. ff such objectsare injured or damaged by reason of Contractoes operations,:hey shall bereplaced or restored apt Contractces,expense. 1-5 Prosecution,and Progress 1-5.01 Commencement of Work No work shall commence bebre oonh-act bonds and 4mrance cerificates have beer.fled with the City and the C"ontract.has been signed by the City Manager. 20 City of Atascadero Toste Construction 1-5.02 Progmss:of the Work Contractor Shall begin work as soon as possible after receiving the No to Procead, From the City and shad dAlipendy prosecute the same to completion as heretofore spe-c—die-d- No work commerone before contract bonds and insurance certifia es have been Rled Mth t 4 City and the C,_-.-tract has been signed. Construction and equipmentmainte-nance operations sW[commence rasa earlier tham,9­00 p-m-on designated,working days and:conclude no later 6:00 a.m- - Lega<holidays are defined as: January 1,January 20, the Second Monday in February, the ihird Monday in Fe&ruarj.the mast Monday in May, July 4, fte first.Monday in September,Not ember 11.ThanksgMng Day and the day after ThapksgNing Day.and Deoembeer 25. When a legal holiday fags on a Sunday,ft fi li ring Monday shail be a designated legal holo�. .. A pre-constructior conference must be,held prior m starting any work or. the project. The City Engineer will oontact Contramr no law than live(6)working days frorn the date the Contract is, signed, by the City klanaW, to set • up the pre-mnstrucion confe4mrice, -w!-jch shall be held no later than- ten (10) working days from t.,e Contraot signirig date. The Notice to Proceed shall-, be issued at thepre-construction ccMerenoe,or at the end of 6-*--ten(10)wor4dng days,whichever comes first- 1-5.03 Delays by the City Any act or ornission of any required to be -done by the City, its officers,: agents, empty s, the design engineer, and all authorized agents whicin shall cause Cor*actor deAay in the cornp4edon Of the 'Work shall be gr nos for emenson of time on the part of Contractor to complete the Work,but Shall,g4e Contractor no damages for such delay. 1-5.04 Rights-of-Way Rights-of-way or easements for work to be cortstructeed will be pmv.ded by the City, Contractor shalf make his own arrangements and.pay all expenses or additional area required by him outside of the-limits of ngtrts-cf-way or easements un4ess otherwise specifically provided- In the eve rd of die4y on the part of the Cily,ils offioers.agents..or employe-es,in obtaining any such rights-of-way or easements for the work to be const'sucteed, ther, Contractor Shall haF#e ti-Me for the con-p4edon. of his Contract for the period or periods caused by such dedayor deilays,but.shall have no damages agWrtst the City. its officers.agents, or em. ", gees. 1-5.05 Utility and Non-Highhway Facilities Before starting excavation.and during construction,Contractor shall notify at least 48 hours in advance(or the tune required by respective agency or utildy), all agencies and ulftes'which may beaftc1ted by the excauation,or construebon.. Contractor shall maintain in continuous,service all sewers., irrigation or drain dkehes,flumes,pipes, and alkw water coufses which: he may en anter during the prosecution of the Work,and in no case inteifere with, div-_M or obstruct the flow of water in,any such courses wftoLn first sea uring permission from the. owner of same ftem. Comactor shall mantwn continuous service or' udties w- al resAents; and businesses. Allowed i ewoeptions to this requirement willlbe service interrux-tions.of noz IoN. er'han one-half hour,but in all oases the affected resident.,businesses,and utility owners atf must be notified by Contract-or at.least 24 hoLETS in advance.. If not at home,a natice of i-rdern to notffy shall be:lefton their door by Contractur. Comactor, at his expense,shall protect all power andlor-telephone or other poles by Supporting,shoring., temporary orpermarkent relocation,or other means acceptablieto rhe respe4adve L'blity owner(s). Contractor shall: properly support, and protem 7, or.. freezing and other injury, existing water pipes paraOeeiing,crossing over or under any proposed work,- also,allwater-services,sewers and sewer servioe, gas mains and :gas serAc-e, teieptzkne owiduits, or any �r undergrotmd seroices in a Manner satisfactory to the owner of the utifty which may be exposed diaring the progress of the-Work. Contractoes acention is brought kG the fact that he shalt it an expose existing underground facifities prior to the start of:aawal,excavatkin.lies the California Occupational. Safety and Heath Act and the Division of 21 City of Atascadero Toste Construction industrial Safety Construction Orders. Cai*shalt be exercised by Contractor to avoid personal injuries and damage to ex tang faedties. Prior to excavating.Contractor shall can-act the foil ng for locating underground Eacilkiesz Underground Service Alan- 1-8r 01642-2444 Should army damage occur. Contractor shall notify the amer -if the utMy at once andtender every assistance possible to repair the damage and restore tt* service. No extra compensation will be made for the repair of any service or utkity damaged by Contractor nor for any damagee incurred.through neglect or failure to pmvide adequate proteezon to exisCng utlities. The utility,companies may bit Contraetcw for damages to their faaftes.caused by Canuramor's operations. Contractor shall hand expose utifffies at least one hundred feet(100')ahead!of constniction operations in orde- m w-rify ldcatioo and depth. Contractor ag-.ees that he shall assume sole arid complete responsibinitty,for locating all underground utiffivies, and- cdr er facilities and for protecting the same d-urin the course of construction. Full compensation for conforming to the reqArements of this sectibn and for conforming to:all provisions of the Standard Specftatons shall be considefed as included ilii the prices paid for the various contract itms of work invaNecl and no additional compensavon will be allowed themfor. 1-5.06 Terrify Utilities Contractor shah make all necessary arrangements for elecipic power and shall be responsible for payment thereof,including all necessary transmission lines and appurtenances or povmr plan.. Contractor shall insta-4 and maintain throughout the oonstru� work chemical toilet fadkies fcw the use of all work-nert on the.job. Tolle-t facift,es shall be maintained =ri a sanitary condition,.compty wAh;local health depairtment regulations, and shag be removed.* from the prerni-ises upon: completion of the work. The City Engineer may establish sanitary and policy rues and regulations for alt taTces,employed uridef this contract and if Contractor fails to enforce these r-jk--.s, the CAy Engineer may enfo.f.ce them- at the expense of Contractor. SECTION 2 - CONSTRUCTION DETAFLS 2-1 -10 GENERAL REQUIREMENTS 2-1.01 Gene-ral. Al work shall conforpra to the ap. of all o ia, epartrn .plicable prwAisions of the State C f m D ent rxf Transportation, Standaid Spedfications.rCalTrzins) these Special Provisions. and,the plans and typical sections. 2-1.02 Sanitary Facilities The Contractor shall;provide and maintain en sed',.portable resaroorns;for the use of persannet engaged in the work. These a000mmodation5 shalt be rrgainEained in a neat and sanitary conditicim. and shall complyvfith all applicable taws,ordinances,andregulztia�ns pertaining W,public heafth and sanitation. 2-2 -S TRAFFIC CONTROL 2-2.01 General The .wo* shall consist of mainuflUng and controlling aff venkmiar traffic through the oonstruc6on zone andibr devzouir routes :any. shal conform to: the 'Manual of Traft Cont-d! for Construction and MairAenance Wo* Zone* (Traffic Manual't published by the Statze, of Caififbfnia, DepamnAent at Transportation. The manual prescribes mimumum standards for the application of uniform traffic control 44%4oes such as traft cones. bammades, regulatory signs, varning signs. and guide signs. The. Convactor shall have a copy of the manual at site and shall compPy wale its provisions. 22 City of Atascadero Toste Construction 2-2.02.Material and Equipment M traffic control supplies arid materials ir4luding slgns,. posts, temporary mounting stands, cones, d*fiineatom, and barricades• shall compfy.with,, NCHRP Ne. M. Each traffie control rota shaD include a compliance tenter indicatng each type of mat,9641 or equipment, to be used on the project, date of purchase.man ufaetjrer contact inforinat n. and a compliance leder or reference. 2-2.03 Construction Traffic conlro3 shah inckide the instaftation, maintenance. and re naval :of all necessary tfaffic control equipment. Damaged or,-missing equipment shall be replaced upon disao,.*N- Equvrnent left in place over weekends or during,other periods of non-work-shall!be checked and maintained on a daily basis until the work iscompiele and-all.traffic control devices are remav*d I�om the project. 2.2-03A Traffic Control Plan Two weeks Viten vo-orking days)prior to starting any construiction work, the Contractor shall submit to the Engineer for his rev-i,--.v a detailed,traffic maintenance and control plan for the various affected project sties or streets. No work may begin in any area unfit trie Traffit Control Ptan has been reviewed and approved by the City Traft, Engineu, ZIAM Construction Signing Construction signing shall consist of funrishing., installing. maintaining, and removing construction signs, renes..delineators,and harricades- 2.21-03C Flagmen if required in diee traffic contro,p4an,and always duftg one-;way traffic conywaL flagmen 1YWR be required in direct traffic during oonsU-ucwn.. The number and location of flagmen shall be sufficient to, alhaw safe control and passage of traffic through the work- zone. raring the paymg of interseectons, two Ragmen shall be posted:at each intersection for the erifire time bstween tack.coat and finish r6ling. Duitrig piacement of chip seats,and at other times if neoessary for public or worker safety.pitot cars:shah be required to control traffic speed to a maximum speed of twenty miles-per-hour to ensture,traffic sa€ety. Pilot cars shA be maintained on the chip sealed streets at least after the primary sweeping, or longer if mece.ssary for safety. 2.2-03D Portabfe Defineators Portable deliheators shall be efther cones or tubtAar markers. Delineators to be used at night or in low light conditions shalt be reflectenzed. The minlimusn he4ght of either style of'defineator shall be thirty- seven inches above the mad suTlace- Ail portable delineators shall comply, the cLarent vers m' of the Trafft Manua.41. The portaMe dermeators shall be spaced as necessary for prcW-traffic corwtil. HoweveL in no case shad the spacing bewleen. the porta alis derinteators exceed fifty feet an tangents or twenty-five feet on curves.; 2.2-03E Restrictions on OS CI% ure of Traffic Lanes The sweets shag] be open for use:by public traffic on Saturday. Sunday, and any day destgnated by the City as a legal holiday;after 4 p-m. On' Friday or any day.preceding a designated ltegal hohday;andwhen construcdon operatizns. are not. =-tvely progress on workdays. Duriing dailIr consitruction A-1 City of Atascadero Toste Construction operations, there may be certain peak traft hours that -would require he Contractor to alter the construction,soh edufe in older to minimize the impact of the work on the public's corrvenience- 2-3 TRAFFIC STRIPING, MARKINGS, AND RAISED PAVEMIENT CAR KERS 2-3.01 Descrioll'on of work to be perforimed The Contraomr shalt fumish and apply traffic srjipes, characters, arrows,pavement markets, and other define3bos and:markings as spee4fi-ed in the Atascad4ra Streets Striping Inventory sneet vAiltae hunent A)- Quantities in Aftachrreerit A are apprommations only- The Contra is responsible to rep*nt all t9dsting stOng unless othe-wise notified. These shaft be reapplied ir, the orignal pattern an all roads unless shown otherwise on. seoaratestnping plans, as specified. herein, or as direm-ed by the Er glineer_ Conlractor shafi install traffle striping and markers in accardAnce with Sections 84 arA 85,'Trafflm Stripes and Pavement W.arWng-7 and'Pavement MarkerV. The Ocwtraatar wifl paint the fbdowing traffic pavement markings and striping in accordance with Standard specifications, Pavement Marker and Traffie Unes Typieal Details at various.locations in the Atascadero; California,as indicated an Atmohmem A. 2-3.02 Materials 2.3-02A Pavement Delineation - Paint Paint. for traffic stnpes and pavement: markings shalt corn i.ply with Secton 84-3 of the tan and Speciffeadons. Paim-fbr traffic stripes and pavement TnarkIngs shalt be the faftwing- Manufacturer. The Sherwin-Y'Villiams Company Product.Number T1-2390 and TPA 2301 Product Name-- California DOT Waterbome High Build Traffic Paint,White and LF Yellow.. Paint shall be used at its:manufActured consistency. Each bidder shall specify the paint used!or the work and the appointed City representative reserves the tight to determine the suitability of the paint affered. Paint shad be used at its mainufactufed constlncy. z 2.3-02B Pavement Delineation-Pavement Markers Raised;and reffective pavement markets shall cornplywith:Section.85 of the Standard Spe4aificadons. 2-3.Oa Construction Adl c*nstruction shall conforrn to the respective-provisjons,of the Standard SpecifficaVibons. manufacturer's it Ration requirements.and these Special:Provisions. 2203A Pavement Stencifs. The Contramr shall use stenc4s whichconfdrw. to Caffrans Standard Plans and. Details, where they eldst. 2.3-03B Pavement Delineation -Paint Paird' application shall comply vAth the requirements of Sectibn 84-11, 'General', and Section 84-3, 'ps-inted 7raffit Strippes and Pavernent Markings'.of the Stan,dard Specificariorts and the manufme ye,-rs inmxtions. The following conditions also apply to the application of paint by the Contractor /-14 City of Atascadero Toste Construction Fa I A-H broken striping sisal: be maintained at existing pattern. and oonfonn to CALTRANS Traffic Manual,Chapter 6,fulandngs, 2. 'Work shall be accoomplished during the haeurs of: least travel, as speaffically authorized by the appointed City represe-ritabive. Normally, no work will be clone on Sailurdays, Sundays,. or holidays. S. Extfing liras shall be applied in such a manner as to present a uniform appearance. Mis- alignment or disregard to,the previous paint vAll riot be pennitted. The Cantractor shall contact the City of Atascads-To prior to start of painting to obtain any InstLett-orasand an updated painting program schedule.showing any addkicns,.deieficns,.changes or amiss ns iram our regular schecluted striping program_ 2S City of Atascadero Toste Construction EXHIBIT Compensation and Method of Payment Striping Bic!Street—2011 .iNO.! ITEM DESCRIPTION i PAYMENT APPROX. :-;"g.�•••..._ "....._...._.. i NG.' w-,.-.-r6.-•--..-.m...,,�,,,,� ftEFE.Ri~NCE G`s t'f j UNIT ! t.iRCIT PRICE ` TOTAL I ITEM.PRICE :Cr•ri:....ri<:ucie Yeiiaw - -t--.._._::'_::'.:.".:'..._�1._. T93�s?C:� ;i f; r'^'-�•o""_"®'� ..._m%e I.A. tit •''' ken 4F __,.- _ JS L.innp Sunt sE=Square Prat ea=cath If=L1-1 Feet In w Ton NOTE: hi casrr of e5r*or in..tension of price into the rota!Pries G[Aumn.;he unit prion will qn vem. Striping Bid Sheet—2012 ITEM -- •W;-•�---�=m...-_..'""'.."_" ITEM DESCRIPTION PCFY3;5EN7" aPl'ROX REFERENCE QTY. (( UNIT UNIT PRICE TOTAL f ., ; "�f�,,.cd�e Yutscm •l•_ { ._,.,� „�,,,t,_.,.,,,„ ". ITEM PRICE r R • icrr n.r::n-.ow.Yellow •__„_,j"�_,.' '2 E(... � i4"Salic':hY).. - -��•-7. 1 i� -..,._.y�� $D-.1d WhIll 883 �_ +.t-Y,.exer,Vdhrt^_—�' _. r,`.� _..._....-4�x?`--"• _,F..._.,_I�-.p,.�_. S __.,,-s-�-7^._,-Y?.'�--.._.i _•__r trs .t.�.. s c_'. ' .: - ' 3! i IA.7. quare.F¢•r•[ ca<Eiech Y=.Linear r'eM to-Ton "PJOTE- fn cane vi error in exiengjon of p✓Ece into the tolai Prt-coluirvi.the unit Pfct:WITJ govern. 26 City of Atascadero Toste Construction �r EXHIBIT Compensation and Method of Payment CITY OF ATASCADERO Pavement Markings Sid Sheet—2011 NJ. ( ITEM DESCRIPTION .4 PAY'.F �APPROX.� I'"' - �'^^•-^:-•- :-,:m.-....., ....: ,......_.:.......,..__. ...-m,:._..,__...an_. .:�_..�..a�.:......:.....m,,.,{REFERENCE /.,ZYY. i tJNJT `I UNIT PRICE% TOTAL, S.f r,F.� w.,._:.::. .r .-t er.;.i{V.'h c+,._:..., : ITEM PIZICE I �:_.... __"...._... v............._.__ ..:.... vrdYe% a; t ...,aF bxsts o.1fi tt ave.bar fe2rr� -I.—,..-; i e.•�""i`y'"'" h:ie r.ro5sxcelk-Fzd X-airs,ems-'f:}rt --•._-..' ":�' B'whrseCr0S.�40k-Pad X•in^s(P-,it• _—_ _ r �1:"Y'^ikv .,zs;,r-•� ..,_ I --- i"-ump Sum sf=$q(n.ra Fe'<( as=Eagi If=!inet>r!`eet fn.=7on 'NCtTE: In ca&ek of error in exlansirni ur price rnV,y ina loaf price tniumn,11ie u:i11 p•icn wiV3 yovarn. Pavement Markings Sid Sheet—2012 ITEM! { NO. ITEM DESCRIPTION • PAYW-ANT APPROX. i.......:..-.._...m.. .�,. ..».._.... -..�.. F2EFE.:fiL�FmCE + I i UNIT PRICE i uN T :o-,tit �• r r Lenri(LMrute i' ;nf l CT r _ i7ECm aRtC[ t � ,.• ;�v is i>oars i:i"{'+ihf(N F>sln:�: syetl or.7G f( ..._.......---._ - _ rar tangth) ..roes -qf _ E I4?"Y4*1vi C:<ti,35xVa'.n-:::, "_'____._._-.__••-__...__.,.._._........._ -:,`,'�'�.C, T't3iiJ. ..>?_ ,�.a�.I.�i:,.:j:ic:� c T !15"Yri:t�+:Crogtiwaii:-tic;;:t•:• n)(Fail - _ Its."s.0'( •xi..-, {.5�7 ,.-�:,._..:......,...........:::.,..,.. EASE 80TOTAL:$ {-,-k- 1a � :'.': !� rte.•-�,�f.`i.�J t NC)TE: In obSe of wror In a WnSfon of pric a into the tpial rirP Columin n,a,ar, P the unit prix&vii!(g:vern. SRiFaf�7r,_snq;'�rzi=:� -iG TOTAt •-..�,.W:a.,.:..-._«_..,..,.�....�_.�,,,.._..�:,w.._ ,..x-. sr�;ai�vra no'1z`�A5 r r.T0TAL ' RAVEMa~IV7 MARi{Iv - —•-._______..-._,..._-...�____.._ �� .,�{ �i i r BASF.'. Bif�TO•l AL ..-'.� "If° '- j F'AV(r HENT MART{INe 2012-BASE BID TOTAL -_...E __ ...� 'r,,... -._.:,,,...�-.._,.®.�.-:-•".,.^ "CsF7AN3?TOTAL 4 5 Award will be based on the combines!E4ase Bid Price of Striping 2o91112 and Marking 2011/12 a 27 City of Atascadero Toste Construction Compensation and Method of Payment Contractor shall be paid as follows: Services provided as described in the Striping and Pavement Marking Fiscal years 2011-2012 and 2012-2013 scope of work will be paid per unit price based on bid prices, and will not exceed the total contract amount of$147,806.94. Any additional services not included in the scope of services must be approved by a City of Atascadero Change Order prior to performing any additional work. All additional work authorized by a City of Atascadero Change Order will be compensated at the same unit cost for the defined services as determined on the consultant's original Proposal Cost, Payment for work performed will be issued within 30 days of receipt and approval of invoices. No invoice will be approved without receipt and approval of certified payroll records. Contractor agrees that the payment of the final amount due under the Contractor is contingent upon Contractor furnishing a release of all claims against the City arising by virtue of this contract. Disputed contract claims in stated amounts may be specifically excluded by Contractor from the operation of the release. TOTAL PAYMENT NOT TO EXCEED STRIPING 2011 - 2012: $ 34,982.47 STRIPING 2012 - 2013: $ 34,982.47 MARKING 2011 - 2012: $ 38,921.00 MARKING 2012 - 2013: $ 38,921.00 TOTAL AMOUNT FOR BOTH FISCAL YEARS $ 147,806�94 (2011 -2012 & 2012 - 2013) Note: Total Amount for both fiscal years on bid sheet submitted by Contractor was calculated incorrectly at $147,706.94. The actual Total Amount for both fiscal years is an additional $100,00 bringing the total to $147,806.94. 28 City of Atascadero Toste Construction EXHIBIT C Items Provided by the City NIA �g City of Atascadero Toste Construction mL itl �7 EXHIBIT D Location Schedule CITYWIDE 30 City of Atascadero Toste Construction EXHIBIT INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance(for lessees with employees). Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Setf-Insured detentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 31 City of Atascadero Torte Construction EXHIBIT INSURANCE REQUIREMENTS FOR CONTRACTORS Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the contractor; and with respect toliability arising out of work or operations performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy(CG 20 10 11 85) 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested,has been given to the City. 4. Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision(b)of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 32