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85-019 L.J. Krzich Pipeline Engineering Co. 84-85 Misc. water main replacement Project 85-107fy E, i S' r 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK June 3, 1985 L. J. Krzich Pipeline Engineering Company, Inc. 326 Phelan Avenue San Jose, CA 95112 MISCELLANEOUS WATER MfAIN REPLACEMENT - PROJECT 85-107 P.O. Box 580 Cupertino, California 95015 We are enclosing to you for your files one (1) fully executed copy of the contract for Public Work between the City of Cupertino and L. J. Krzich Pipeline Engineering Co., Inc. along with your bid bond. The City Council of the City of Cupertino approved your contract at their regular meeting of April 15, 1985. Sincerely; DORO-EORNEL US CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works S CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CALL FOR BIDS SPECIFICATIONS FOR 1984-85 MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT PROJECT 85-107 Tuesday April 9 1985 2:00 P.M. Bert J. Viskovich, Director of Public Works City Hall 10300 Torre Avenue Cupertino, Calif. 95014 NOTICE TU CONTRACTORS City of Cupertino 10300 Torre Avenue Cupertino, CaU fornix 95014 1984-85 MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT PROJECT 85-107 The City of Cupertino, Santa Clara County, California, invites sealed proposals for the construction of the work as delineated on the Plans or in the Specifications, entitled, 1984 -85 --MISCELLANEOUS WATER MAIN REPLACEMENT PROJECT, PROJECT 85-107 Said sealed proposals will be received at the office of the City Clerk, Room 101, City hall, City of Cupertino, California, until 2:00 P.M., Tuesday April 9, 1985 , at which time they will be publicly opened and the comparative totals read. All bids received will be reported to the City Council of Cupertino within thirty (30) days of receipt, at which time the Council will review and act upon the bids submitted. Award, if any, will be to the lowest responsible bidder. Payment will be made in cash by said City upon submission by the Contractor and approval by the Engineer of a progress billing which reflects the value of the work completed. The progress payments made as work progresses will be payments on account and will not be considered as an acceptance of any part of the materials or workmanship required by the Contract. Pursuant to Section 4590 of the California Government Code, the Contractor will be permitted, at its request and sole expense, to substitute securities for any moneys withheld by the City to ensure performance under the contract. Said securities will be deposited either with the City or with a state or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. All proposals or bids shall be accompanied by a cashier's or certified check payable to the order of the City of Cupertino, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said City, signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. Said check shall be forfeited'or said bond shall become payable to the City in case the bidder :.depositing the same does not, within ten (10) days after written notice that ;,the contract has been awarded to him, enter into a contract with the City. (NOTICE TO CON'T'RACTORS, PACE 2) Contractor shall furnish to City a faiLhful performance bond and labor and material bond as required in said specifications. It shall be mandatory upon the Contractor to whom the contract is awarded, And upon all subcontractors under him, to pay not less than said general pre- vailing rates of per diem wages, as above listed, to all laborers, workmen and mechanics employed in the execution of the contract. All bids shall be compared using the estimate of quantities prepared by the Engineer of Work and the unit prices submitted. No incomplete nor inter- lineated proposal or bid will be accepted. Bidders are required to bid on all items of the proposal. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business acid Professions Code of the State of California. The contract shall not be awarded to any bidder who does not possess the proper classification of license. Special attention of bidders is directed to Section G for full directions as to bidding. Plans, Specifications and Contract Documents may be reviewed and copies of same may be obtained at the office of the City Engineer, City flail, Cupertino California, upon deposit therefor of $ 5.00 per set, none of which deposit will be refunded. The City of Cupertino reserves the right to reject any or all bids , and further reserves. the right to delete any item or items from the proposal or to increase or decrease the quantity of any item thereof. Date_j/��'4 Publish: Cupertino Courier ,March 27, 1985 '''' :April 3, 1985 CITY OF CUPERTINO By City Clerk B. GENERAL PROVISIONS 1. DEFINITIONS OF TERMS By this reference, the latest published edition of the "Standard Specifications of the State of California Department of Transportation", as revised, is adopted as the specifications of this project. The definitions and terms outlined in Section 1 of the Standards shall apply with the following modifications: 1-1.13 - Department = The City of Cupertino 1-1.15 - Director = Bert J. Viskovich 1-1.18 - Engineer = Director of Public Works or his appointed agent(s) 1-1.25 - Laboratory = Department approved testing laboratory 1-1.32 - Proposal Form = The form(s) provided by the Department and provided in the Special Provisions of the Project Specifications. 1-1.39 - State = City of Cupertino 1-1.50 - Superintendent = A person as designated in writing by the Contractor, who shall be present at all times during the work and authorized to receive and fulfill instructions from the Engineer. B-1 B. GENERAL PROVISIONS, continued 2. PROSECUTION AND PROGRESS A. Subletting and Assignment The Contractor shall give his personal attention to fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed immediately on the requisition of the City Engineer and shall not again be employed on the work. The contract or any portion of it may be assigned only upon written consent of. the City Engineer. B. Progress of the Work and Time for Completion The Contractor shall begin work within fifteen (15) days after receiving notice that the contract has been approved and shall diligently prosecute the same to completion within the number of working days as shown in the Special Provisions. C. Character of Workman If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the work. D. Temporary Suspension of the Work The Engineer shall have the authority to suspend the work wholly or in part for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prose- cution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. B-2 B. GENERAL PROVISIONS, continued . PROSECUTION AND PROGRESS, continued E. Time of Completion and Liquidated Damages The work to be performed under this contract shall be completed pursuant to Paragraph B, Section B, hereinabove set forth. Should the Contractor fail to complete this contract and the work provided for therein within the fixed time for completion, the parties hereto agree that it would be impractical or extremely difficult to fix the actual damage to the City and, therefore, agree that the Contractor shall be liable to the City in the sum of fifty dollars ($50.00), or as further specified in the Special Provisions, per day for each working day this contract is delayed beyond the time for completion as hereinabove set forth by failure of the Contractor to complete the contract as specified. -Such payment shall be construed to be liquidated damages by the Contractor in lieu of any other claim for damages because of such delay and it is specifically agreed by the parties hereto that such payment shall not be construed as a penalty. In case such payment is not made by the Con- tractor, Contractor agrees that the City may deduct such payment from any monies due or that may become due to the Contractor under this contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may deem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspec- tion, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue. Preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or the delays of subcontractors due to such causes; provided that the Contractor shall within ten (10) days from the beginning of any such delay, notify the Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusive. F. Suspension of Contract If at any time in the opinion of the City Council the Contractor has failed to supply an adequate working force or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him,and should he neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Engineer, within the time specified in such notice, the City Council B-3 B. GENERAL PROVISIONS, continued 2. PROSECUTION AND PROGRESS, continued in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council or its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the City Council may deem proper; or the City Council may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such non- compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. G. Right of Way The right of way for the work to be constructed will b The Contractor shall make his own arrangements and pay additional area required by him outside of the limits otherwise provided in the Special Provisions. B--4 e provided by the City. all expenses for of right of way, unless 3. CONTROL QF WORK B. GENERAL PROVISIONS. continued A. Authority of the Engineer The Engineer shall decide any and 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 of progress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. B. Plans All authorized iterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. C. IM Working drawings or plans for any structure not included in the plans, fur- nished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval be waived in writing by the Engineer.. It is mutually agreed, however, that approval by the Engineer of the Contrac- tor's ontrac- tors working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall be responsible for agreement and conformity of his working plans with the approved plans and specifications. Conformity With Plans and�Allowable Deviations Finished surfaces, in all cases, shall conform with the lines, grades, cross- sections, and dimensions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. Coordination of Plans and Specifications The plans and specifications and all supplementary documents are essential parts of the contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work. Plans shall govern over standard specifications and standard details; specifications'.special provisions shall C'overn over the plans and standard specifications and standard details. B-5 B. GENERAL PROVISIONS, continued 3. CONTROL OF THE WORK, continued E. Interpretation of Plans and Specifications Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in these specifications, plans, and special provisions, the Contractor shall apply to the Engineer for such further explanation as may be necessary, and shall conform to such explana- tion, or interpretation as part of the contract, so far as may be consistent with the intent of the original specifications. In the event of any discrepancy between any drawing and the figures wlitten thereon, the figures shall be taken as correct. F. Superintendence Whenever the Contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer, in writing and shall be received and obeyed by the superintendent or foreman in charge of the particular work in reference to which orders are given. G. Lines and Grades All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the plans. Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The Contractor shall give at least 24 hours' notice in writing when he will require the services of the Engineer for laying out any portion of the work. The Contractor shall furnish the Engineer such facilities and labor necessary for marking and.maintaining points and lines as he may require. The contrac- tor shall dig a.11 holes necessary for the line and grade stakes. The Contractor shall properly guard and preserve all monuments, all property corners, all stakes, set for lines, grades, or measurements of the work in their proper places until authorized to remove them by the Engineer. All monuments, property corners, stakes that have been removed without proper authority shall be replaced by the Contractor at his expense. H. Inspection The Engineer shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in the work. The Contractor shall furnish telephone service at any plant fa;= B. GENERAL PROVISIONS, continued 3. CONTROL OF THE WORK, continued All work done by the contractor shall be accomplished between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, unless authorized in writing by the Engineer. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. Inspection costs for any work done before 8:00 A1.11. or after 5:00 P.M. on a regular work day or on Saturdays, Sundays or holidays, shall be paid for by the Contractor at the rate of $22.00 per hour, or latest amended rate approved by City Council, except where such work is specifically required by the specifications. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. Projects financed in whole or in part with state funds shall be subject to inspection at all times by the State Director of Public Works, or his agents. I. Removal of Defective and Unauthorized Work All work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such corrections. Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and may not be paid for. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work removed, and to deduct the costs thereof from any monies due or to become due to the Contractor. J. Final Inspection Whenever the work provided and contemplated by the contract shall have been satis- factorily completed and the final cleaning up performed, the Engineer will make the final inspection. K. Dust Control At all times during construction and until final completion and acceptance the Contractor shall prevent the formation of an air -borne dust nuisance by oiling (or watering) as required by the Engineer to treat the site of the work in such a manner that will confine dust particles to the immediate surface of the work. The Contractor shall perform such oiling (or watering) within two (2) hours after notification by the City Engineer that an B-7 B. GENERAL PROVISIONS, continued 3. CONTROL OF WORK, continued air -borne dust nuisance exists. If the Contractor fails to remove the nuisance within two hours, the City of Cupertino may order that the work of oiling (or watering) of the site be done by City personnel and equipment or by others and all expenses incurred in the performance of this work shall be.charged to the Contractor and paid for by the Contractor. L. Fi.7al Clean -U The Contractor shall provide all necessary equipment, skill and manpower to "clean-up" the work and related areas. This work shall be included in the various bid items and shall leave any and all areas in which the Con- tractor has entered in a condition which is neat and free from debris, weeds, and material not called for on the Plans or in the Specifications. The Engineer shall have final approval on determining if the Contractor has completed the clean up portion of the work. M. Changes in the Work Section 4-1.03 of the Standards shall apply. i B. GENERAL PROVISIONS, continued 4. CONTROL OF MATERIALS A. Samples and Tests The source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for testing or examination as desired b�7 the Engineer. All tests of the materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organiza- tions, and such special methods and tests as are prescribed in the Spec- ifications. pec- ifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the Engineer. Additional samples may be secured and tested whenever necessary to determine the quality of materials. B. Defective Materials All materials not conforming to the requirements of these specifications shall be considered as defective, andall such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. • B. GENERAL PROVISIONS, continued 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC A. Laws to be Observed The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regu- lations of the City of Cupertino which in any manner affect those en- gaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. B. Hours of Labor The Contractor shall forfeit, as penalty to the City of Cupertino, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the pro- visions of the Labor Code and, in particular, Sections 1810 to 1815 thereof, inclusive. C. Labor Discrimination No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons,and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 1 of Part VII, in accordance with the provisions of Section 1735 of the Labor Code. D. Prevailing Wage Pursuant to the Labor Code of the State of California, or local law there- to applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime work in the locality in which this work is to be performed, for each craft, classification or type of laborer, workman or mechanic needed to execute this Contract. The prevailing wages so determined are on file for review at the City Clerk's Office, City of Cupertino. Neitherthe notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen and mechanics employed in the execution of the Contract. It is further expressly stipulated that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each laborer, workman or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. B-10 B. GENERAL PROVISIONS. continued 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued E. Foreign Materials Section 6-1.08 of the Standards shall apply. F. Registration of Contractors Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Pro- fessions Code. The contract shall not be awarded to any bidder who does not possess the proper classification of license. G. Trench Safety Attention is directed to the provisions of Section 6422 of the Labor Code concerning trench excavation safety plans. H. Apprentices Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. I. Safety Provisions The Contractor shall conform to the rules and regulations as established by the California Division of Industrial Safety. J. Minority Employment The Contractor shall comply with the recommended minority employment practices of the U.S. Department of Housing and Urban Development as established for Santa Clara County. K. Permits and Licenses The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. This does include City licenses unless waived in the Special Provisions. L. Patents The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices or processes used on or incorporated in the work. B-11 B. GENERAL PROVISIONS, continued 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued M. Public Convenience and Safety The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Unless other existing streets are stipulated in the special provisions to be used as '-tours, all traffic shall be permitted to pa --s through the wo_k. ` Residents along the road or street shall be provided passage as far as practicable. Convenient access to driveways, houses and buildings along the road or street shall be maintained and temporary crossings shall be provided and maintained in good condition. Not more than one cross or intersecting street or road shall be closed at any one time without approval of the Engineer. The Contractor shall furnish, erect and maintain such fences, barriers, lights, signs and flagmen as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof, and he shall also erect and maintain such warning and directional signs as may be furnished by the City. All costs of furnishing flagmen shall be considered to be included in the various bid items, and no special compensation will be allowed. N. Resp:nsibility for Damage The City of Cupertino, the City Council, the Engineer or his agents shall not be answerable or accountable in any manner for any luso or damage that may happen to the work or any part thereof; or for any material or equip- ment used in performing the work; or for injury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance. The Contractor shall indemnify and save harmless the City of Cupertino, the City Council and the Engineer or his agents from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising in the construction of the work, or in con- sequence thereof. The City Council may retain so much of the money due the Contractor as sha11 be considered necessary, until disposition has been - made of such suits or claims for damages as aforesaid. 0. Contractor's Responsibility for Work Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal government or the public enemy. B-12 B. GENERAL PROVISIONS, continued 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued P. No Personal Liabilit Neither the City Council, the Engineer nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. Q. Respopsibility of the City The City of Cupertino shall not be held responsible for the care or protection of any material or parts of the work prior to final accep- tance, except as expressly provided in these specifications. R. Public Liability and Property Damage Insurance Before the contract is entered into, the bidder to whom it is awarded shall furnish to the City Council satisfactory proof that he has taken out for the period covered by the proposed contract, public liability insurance and property damage insurance with an insurance carrier satis- factory to the City under forms satisfactory to the City, to protect the City of Cupertino against loss from liability imposed by law for damages, (1) on account of bodily injuries, including death resulting therefrom, accidentally suffered or alleged to have been suffered by any person or persons not employed by the Contractor, that may be caused directly or indirectly by the performance of the contract, and (2) on account of injury to or destruction of property, including the resultant loss or use thereof, resulting from any act of the City or omission by the Contractor, or otherwise resulting directly or indirectly from his operations in the performance of the contract. Said insurance shall also directly cover and protect the City of Cupertino, a municipal corporation, its elective and appointive boards, officers, agents and employees, and shall be maintained by the Contractor in full force and effect during the entire period of performance of the contract. Said public liability insurance shall be in amounts not less than $300,000 for one person injured in one accident and not less than $500,000 for more than one person injured in one accident, and said property damage insurance shall be in an amount not less than $200,000. If the Contractor fails to maintain such insurance, the City may take out such insurance to cover any damages of the above-mentioned classes for which the City might be held liable on account of the Contractor's failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under the contract. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages resulting from his operations. The insurance shall run for the length of the contract and, in addition, to the one year guarantee date. S. Cooperation Between Contractors Where two or more Contractors are employed on related or adjacent work, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be B-13 B. GENERAL PROVISIONS, continued LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC, continued responsible to the other for all damage to work, to person or property or for loss caused by failure to finish the work within the time specified for completion. T. Workmen's Compensation Pursuant to the requirements of Section 1860 cf the Labor Code (Chapter 1000, Statutes of 1965), the Contractor will be required to secure the payment of workmen's compensation to his emplo�,ecc in acc9rdance with the provisions of Section 3700 of the Labor Code. Prior to the commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Said certification is included in the contract, and signature and return of the contract as provided in Section 3-1.03, "Execution of Contract," shall constitute signing and filing of the said certificate. U. Evidence of Payment Upon request by City, Contractor shall submit reasonable evidence that all payrolls, materials, bills and other indebtedness connected with the Work have been paid. If any liens for labor or materials furnished hereunder remain unsatisfied after final payment by City, Contractor agrees to pay City all monies that City may be compelled to pay in discharging such lien, including all costs and a reasonable attorney's fee. B-14 B. GENERAL PROVISIONS, continued 6. PROPOSAL REQUIREMENTS AND AWARD OF CONTRACT A. Proposal Forms All proposals shall be submitted only upon blank forms prepared by the City therefor and bound in the Special Provisions. All proposals shall state the prices proposed, both in writing and figures and shall show a total, and shall be signed by the bidder, with his address. If the proposals are made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the pro- posal shall show the name of the state under the laws of which the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer and the proposal shall show the corporate seal. B. Proposal Guarantee All proposals or bids shall be accompanied by a bidder's bond, cashier's check or certified check made payable, in the amount of 10% of the proposal, to the City of Cupertino as guarantee that bidder, if awarded the contract, will within ten (10) days after notice of award, enter into a contract with the City for the work. The amount of security shall equal or exceed the base bid and all additive alternates, if any. C. Rejection of Proposals Due to Irregularit Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids not called for, incomplete bids or erasures, or for irregularity of any kind. Only the proposal forms prepared by the City shall be used. D. Action on Proposals The City Council of the City of Cupertino may reject any and all bids deemed not in the best interests of the public good and welfare and, further, may reject the bid or proposal of any party whose performance on former contracts has been delinquent or unfaithful, and shall reject all bids or proposals other than the lowest acceptable bid or proposal. Decision as to the lowest acceptable bidder rests with the City Council of the City of Cupertino, and its decision thereon shall be final and binding on all bidders. E. Award of Contract Award of contract, if it be awarded, shall be to the lowest acceptable bidder as determined by the City Council of the City of Cupertino and shall be made within 30 calendar days from and after receipt of bids. F. Contract Bonds The Contractor shall furnish two good and sufficient bonds. Each of the said bonds shall be executed in a sum equal to the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor; and the other of the said bonds shall be furnished as required by the terms of Sections 4200 to 4210, inclusive, of the Government Code of the State of California. Labor and materials bond will be released six months B-15 B. GENERAL PROVISIONS, continued 6. PROPOSAL REQUIRDIENTS AND AWARD OF CONTRACT, continued after the Notice of Completion,and the Faithful Performance shall be reduced to ninety (90) percent at the Notice of Completion. The remaining ten per cent (10%) will be released at the end of one year. G. Execution of :oncract The successful bidder, as Contractor, shall execute the Agreement set forth in the contract document and provide the contract bonds and insurance certificates required therein within ten (10) days of notification of award of contract. Failure to do so may result in annulment of award and for- feiture of the proposal guarantee. No proposal shall be considered binding upon the City of Cupertino until execution of a contract agreement. H. Examination of Site and Plans and Specifications The bidder is required to examine carefully the site of work and the pro- posal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. I. GUARANTEE OF WORK The successful bidder, as Contractor, shall furnish a good and sufficient bond, in the amount of 10%, acceptable to the City of Cupertino, which bond shall guarantee that no part of the work shall show any defect for one (1) year from the date of the Notice of Completion; that he will repair or replace, at his own expense, any part of the work which may develop defects within such period; that he will repair or replace or refinish with like apparatus or materials or service any existing work which he may damage during such repair, replacement or refinishing; and that he will leave the entire installation on completion and acceptance in complete working order and free from any and all defects in material, workmanship or finish. J. PAYMENT Not later than the first Tuesday of each calendar month, provided estimates arrive by the last Tuesday of the previous month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of th'_rty-five (35) days from the date of recording by the City of Notice of Acceptance of completion of all work covered by this Contract if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety- five (95) days after the acceptance of completion of such work of improvements as evidenced by resolution of its governing body, at which time and not before, -B-16 B. GENERAL PROVISIONS, continued 6. PROPOSAL REQUIREMENTS AND AWARD OF CONTRACT, continued the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided. The payment of pro- gress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjectea to the inspection and approval of the City, and subject to what- ever inspection and approval may be required by law. K. Standard Specifications) The term "Standard Specifications" as herein used refers to the latest published -edition of the State of California. -Department of Transporxation,— Standard Specifications �.as_revised,._ Section numbers referr-ed.-to-here-in rafer to that edition-of--the-Standard Soecifications. Standard details of the City of Cupertino are to supplement the Standards. L. Public Opening of Proposals All proposals submitted in accordance with these specifications shall be opened and read publicly at the time and place indicated in the "Notice to Contractors." M. Subcontractor Listing All bidders shall, on the forms provided in the proposal, list any and all subcontractors which will be used on the project. The submission shall be in accordance with Section 4104 of the Government Code. Incomplete forms may be a cause for rejection. N. Competencv of Bidders All bidders are required to complete the "Bidder Qualification Form" as is provided in the Proposal. Incomplete forms or experience not in the field of work being bid on may be a cause for rejection. B-17 C. SPECIAL PROVISIONS 1. SCOPE OF WORK The work to be done includes in general the placement of 6" and 8" waterline pipe, relocation of domestic water service connections to the new and existing water mains, installation of fire hydrants, all necessary trenching, trench shoring, backfilling, valves, fittings and related appurtenances as shown on the plans, standard details, as specified and directed by the Engineer. 2. LOCATION OF WORK The work is to be done within publicily owned street right-of-way. The specific streets and locations within the right-of-way for these streets are to be as shown on the plans and as directed by the engineer. Right-of-way is owned by the City of Cupertino and the County of Santa Clara. 3. TIME OF COMPLETION The contractor shall begin work as specified in the general provisions and diligently prosecute progress of work to completion before the expiration of 48 working days. The city will extend the number of working days for inclement weather. 4. PLANS The work to be done is shown on 7 sheets of plans entitled, "City of Cupertino, 1984-1985 Miscellaneous Water Main Replacement Project." 5. TIME LIMITATIONS The contractor shall not cause unreasonable interruption to domestic water services, and interruption during hours of peak demand shall be avoided. The contractor shall insure that the existing water service shall not be interrupted for more than 4 hours during any one day. Work begun on a street shall be completed prior to starting work on another street. 6. BID ITEMS A. Control of Materials All materials shall be of the best grade and quality manufactured. The contractor shall, at any time when requested submit to the Engineer proper authenticated documents or other satisfactory proofs as to his/her compliance with the requirements of these specifications. C - 1 Materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have subsequently been corrected, shall be used until inspected and approved by the Engineer. B. Asbestos -Cement Pipe Asbestos -cement pipe shall conform to the requirements for Class 200, as specified in AWWA C-400, unless otherwise indicated on the plans or directed by the Engineer. The standard length of the asbestos -cement pipe shall be thirteen (13) feet. Shorter lengths of pipe used for making connections to valves, fittings, appurtenances, and closures shall be as directed by the Engineer. 1. Couplings One coupling, maufactured of the same material and by the same manufacturer, shall be furnished with each length of pipe together with two (2) rubber rings. The couplings shall be provided with an individual groove for each rubber ring in the inner wall of the coupling so that rubber ring blowouts cannot occur. The rubber rings shall be compatible with the pipe and coupling and shall conform to ASTM D-1869 "Rubber Rings for Asbestos Cement Pipe", latest edition. The Contractor shall supply the manufacturer's affidavit that the requirements of these specifications have been met. 2. Fittings All fittings to be used with asbestos cement pipe shall be cast iron material specified in ANSI A2-1.10 (AWWA C-110) with Class D metal thickness. All flanged fittings shall conform to ANSI Designation B16.1 (Class 125 or Class 250). All hub ends of fittings shall be designed and manufactured, for direct reception of the asbestos -cement pipe, strictly in accordance with the dimensions and tolerances contained in the specifications of the manufacturer of the pipe. Closure shall be facilitated by a rubber ring retained in an internal groove inside the hub. The surface of the hub inside the ring area shall be cast or machined free of pits and burrs, smooth and accurate, in order to meet the requirements for water- tightness. The rubber rings shall conform to the rings specified for the pipe used. C - 2 C. Ductile Iron Pipe Ductile iron pipe material shall conform to the specifications of ANSI A 2151-1976 and AWWA C151-1976. The thickness design shall conform to the specifications of ANSI A 2150-76. Joints for ductile iron pipe shall be standard, mechanical joints of the same material as the pipe, Rockwell or Dresser type couplings, Deeve type couplings, Tyton type joints or approved equal, all installed in accordance with the manufacturer's recommendations. D. Appurtenances 1. Valves All line valves shall be gate valves. All valves shall have flanged ends and attached to pipe using ring type flange adaptors. The faces of the flanges shall be machined flat over the entire face. Valves shall bolt directly to all tees and crosses. When requested by the City, the manufacturer and vendor shall each furnish an affidavit stating that all the valves furnished for installation comply with these specifications. All gate valves shall be sized in accordance with the main and shall comply with the requirements of AWWA Standard C509-80, covering resilient seated gate valves. Leakage will not be allowed. All valves shall open by turning the stem nut to the left (counter -clockwise). 2. Air and Vacuum, and Air Release Valves Air and vacuum and air release valves shall be installed where indicated on the plans or at high points in the main as directed by the Engineer. Air and vacuum, and air release valves shall be APCO "Heavy Duty" combination air release valve, or,,approved equal. All air valves, unless otherwise indicated on the plans or directed by the Engineer, shall be in accordance with Cupertino Standard Details. All air valves shall be installed so as not to create a cross - connection. The valve shall be vented as per Cupertion Standard Detail. C - 3 3. Blowoffs Blowoffs shall be constructed in conformance with Cupertino Standard Details. Blowoffs are required at all deadends and at all low spots in water lines. Temporary blowoffs shall be provided as necessary to pressure test and chlorinate water lines. 4. Fire Hydrants All fire hydrants shall be of the wet -barrel type and constructed in conformance with Cupertino Standard Details 47c/51, 48/51, and 48a/51. All hydrants to be standard models with one, four -inch (4") California thread steamer connection, and two, two and one-half (22") national standard thread hose outlets. Any of the following listed hydrant models are approved: MAKE MODEL REMARKS Long Beach ANACAPA With # 615. Rich Valve Co. MGS # 76 With # 30 Valve Rich Valve Co. MGS,# 92 With # 30 Rich Valve Co. Corona 560 With # 30 Rich Valve Co. Ranger 960 With # 30 If the engineer finds that a fire hydrant is improperly installed, the hydrant shall be removed and reinstalled properly at no cost to the City. All fire hydrant runs shall have a street accessible valve located at the main. The run shall be flushed and disinfected to the satisfaction of the Engineer before connection to the system. 5. Valve Boxes and Valve Box Risers Valve boxes and valve box risers are to be provided for all line valves and fire hydrant valves unless otherwise indicated on the Cupertino Standard Details or by the Engineer. Valve boxes shall be firmly supported, and maintained centered and plumb over the wrench nut of the gate valve, with box cover flush with the surface of the finished pavement or at such other level as may be directed. The wrench nut must be readily accessible for operation. 6. Ring Type Flange Adaptors Ring type flange adaptors shall be CLOW Style 3541 or approved equal. C - 4 7. Gaskets Gaskets shall be one -sixteenth (1/16) inch thick, full faced type, made of asbestos or rubber inserted cloth equal to Crane Cranite. Where indicated on the plans or required by the Engineer, Type E Maloney insulation kit with neoprene gasket facing and one - sixteenth (1/16) inch special sleeves or approved equal shall be used. 8. Flexible Couplings Unless otherwise indicated on the plans or directed by the Engineer, flexible couplings shall be Dresser Type 38 or Smith -Blair No. 411 for standard connections, or Dresser Type 39 or Smith -Blair No. 416 for insulated connections, or approved equal. When connecting asbestos cement pipe to steel pipe, the flexible coupling shall be Dresser Type 162 or Smith -Blair No. 433 transition coupling or approved equal. Special flexible coupling shall be as indicated on the plans or as specified in writing by the Engineer. 9. Bolts All bolts shall be stainless steel or coated with a City approved coating. Fire hydrant bolts shall be breakaway type. 10. Thrust Blocks Thrust blocks shall be provided for all bends, tees, crosses, and fire hydrants, and where changes in pipe diameter occur at reducers, and where indicated on the plans or required by the Engineer. Thrust blocks shall be constructed in accordance with the various applicable Standard Details, and shall bear against undisturbed earth. If in the opinion of the engineer the earth against which the anchor bears is unsuitable to support the imposed load, Contractor shall provide such additional anchorages as may be required by the Engineer. Ground against which concrete is to be placed shall be moistened prior to placing so that it will not absorb excessive moisture from the fresh concrete. Forms, if required, shall be smooth, mortar tight and of sufficient strength to maintain shape during the placing of the concrete. Placing methods shall be such that the concrete will be placed in its final position without segregation. All concrete shall be spaced, placed, and rodded to ensure smooth surfaces along form lines and to eliminate rock pockets. The use of mechanical vibrators will not be required on thrust blocks. Thrust blocks shall be placed in such a manner that pipe and fitting joints will be accessible for repair. No concrete used for thrust blocks shall be in contact with the pipe. C - 5 Concrete shall be Class B and shall attain 2000 psi minimum compressive strength. 11. Curb Markings The location of all valves, blowoffs, air valves, etc. shall be permanently marked on the closest curb face, if existing, or on marker posts in conformance with City Standard Detail 49/51. E. Trench Sheeting, Shoring and Bracing Excavations and trenches shall be properly sheeted, shored, braced, and/or sloped to support adjacent earth banks, structures, construction materials, and equipment and to provide safe working conditions. No trench, pit, or other excavation shall remain open longer than is necessary to expeditiously carry out the work. The Contractor shall furnish, put in place and maintain such timbering, lagging and bracing, etc., both in open cut and tunneling, as.may be required to support the sides of the excavation and prevent any movements which could in any way injure any structure. All excavations shall be supported in the manner set forth in the rules, orders, and regulations prescribed by the Industrial Accident Commission of the State of Calfifornia. All shoring of trenches that exceed five feet (5') in depth shall comply with the Division of Industrial Safety (OSHA) Standards. The Contractor shall be responsible for any injury which may result to any person or persons, structure or structures, or to any interest whatsoever that is due directly or indirectly to the insufficiency of said timbering, lagging, and bracing, or to the replacing or removal of said timbering, lagging, or bracing. F. Connection to Existing Lines Connections to the existing Water System shall be made only in the presence of and with the approval of the Engineer. When a shutdown of the existing system is necessary to make the connection it will be approved by the Engineer. The operation of valves in the existing system by other than Water Department personnel will not be permitted. The Contractor shall notify the Engineer not less than 48 hours prior to the time he expects to start the shutdown. Refer to Section 9 "Notification to Residents" of these special provisions. He shall also stipulate the expected length of the shutdown. In general, shutdown in residential areas shall be made at times when there will be the least interference with meals. In any event the timing of the shutdown must be approved and the tie-in accomplished in such a manner as to minimize the effect on any customer. Reference is made to item 5, "Time Limitations" of these special provisions. C - 6 G. a Service Connections All service connections small be constructed in conformance with Cupertino Standard Detail 47/51 unless otherwise directed by the Engineer. All single residence water taervice connections shall be 1" minimum in diameter, copper pipe commencing at the main with a Mueller H-15000 corporation stop or approved equal and terminating with a Mueller 11-14255 angle meter stop or approved equal. Saddles, or service clamps, shall be used with all water service connections. All service connectors are to existing meters, unless otherwise noted on the plans. Salvaging Appurtenances Existing valves, meters, boxes, connections, reducers, and appurtenances as shown on the plans and as directed by the Engineer, are to be removed and salvaged. All such appurtenances removed and salvaged shall be delivered to the City of Cupertino, Corporation Yard. T. Abandon Water Line Existing water pipe lines, where shown on the plans to be abandoned, shall be abandoned in;place as described herein, or shall be removed and disposed of at the option of the Contractor. Pipes shall not be abandoned until their use is no longer required as directed and approved by the Engineer. The Contractor shall notify the Engineer in advance of any intended pipe abandonment. The ends of abandoned pipes shall be plugged with a plug or wall of Class B concrete being at least 0.5 foot thick. J. Trenching Pipe trenches shall be excavated to a sufficient depth to provide for pipe bedding as shown on the plans. The pipe shall be properly placed and embedded in the trench. Pipe backfilling shall be after inspection and approval for backfilling by the Engineer. All trenches shall be backfilled with material and properly compacted as shown on the plans. Asphalt concrete shall conform to the requirements of Section 39 of the State of California (Caltrans) Standard Specifications and shall be type B. Aggregate grading for AC, shall conform to requirements for 3/4" max. or 1/2" max. medium grading. The asphalt binder shall be paving asphalt AR 4000. Other backfill materials shall conform to the State of California (Caltrans) Standard Specifications or County of Santa Clara Standard Specifications as shown on the plans, unless otherwise directed by the Engineer. The Contractor shall stockpile 10 cubic yards of materials (aggregate base and temporary asphalt pavement) at the vicinity of work and shall have this quantity of material available at all times. C - 7 K. Measurement and Payment Quantities of material and work to be paid for will be measured or determined in accordance with the contract unit item as bid and in conformance with the Standard Specifications. Payment for bid items will be made as bid, complete in place and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in constructing or installing items as bid, in place, as shown on the plans, Standard Details, as specified or as directed by the Engineer. 7. TESTING A. General All water mains and appurtenances shall be tested for pressure and leakage and shall be disinfected prior to acceptance. Testing and disinfecting of water mains and appurtenances shall be in accordance with the applicable AWWA Standards except as may be modified herein. All testing and disinfecting shall be accomplished in the presence of the City Water Superintendent. B. Pressure and Leakage Test After the water pipe has been laid, backfilled, compacted and securely blocked and anchored, the pipe shall be subjected to a hydrostatic pressure test of 200 pounds per square inch (psi). The pipe shall be slowly filled with water and set for a minimum of twenty-four (24) hours. The 200 psi test pressure shall be applied and maintained for minimum of two (2) hours by means of a pump connected to the pipe in a manner satisfactory to the Engineer. The pump, pipe connection, and all necessary apparatus shall be furnished by the Contractor. Before applying the specified test pressure, all air shall be expelled from the pipe. All exposed pipes, fittings, valves, and join'ts will be carefully examined during the test. Any cracked or defective pipes, fittings, or valves discovered in consequence of this pressure test shall be removed and replaced by the Contractor with sound material. The test shall be repeated until satisfactory to the Engineer. A leakage test shall be conducted after the pressure test has been satisfactorily completed. The Contractor shall furnish the pump, pipe, connections, and all other necessary apparatus. The leakage test shall be of a minimum of four (4) hours duration, and during the test the main shall be subjected to 200 psi pressure. C-8 Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved section thereof, necessary to maintain the specified lunkage test pressure after the pipe has been filled with water and the air expelled. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L=ND P 7,400 in which L equals the maximum allowable leakage in gallons per hour; N is the number of joints in the length of pipeline tested; D is the nominal diameter of the pipe in inches; and P is the average test pressure during the leakage test in pounds per square inch gauge. If any test indicates leakage greater than that allowed above, the Contractor shall locate and repair the defective joints or pipe, and the test shall be repeated until satisfactory to the Engineer. C. Disinfection of Mains and Services Before performing the hydrostatic test, the water line shall be chlorinated in accordance with AWWA Standard for Disinfecting Water Mains, AV1WA C-601-54. Any one of the -methods therein described may be used with the additional requirement of 50 PPM chlorine minimum initial application. At the end of the contact period, the main shall be thoroughly flushed and water bacteria samples taken. If the samples fail to satisfy minimum requirements, additional chlorination shall be performed until satisfactory samples are obtained. If necessary the contractor shall provide an outlet from which water samples may be taken. Following chlorination, the Contractor shall thoroughly flush all treated water from the line until the replacement water is comparable in quality to the water served from the existing system. Flushed water shall be properly disposed of by the contractor to preclude damage or nuisance. Dispostion shall normally be into the nearest storm drain system. 8. EXISTING UTILITIES The types, locations, sizes and/or depths of existing underground utl.ities as shown on the improvement plans were obtained from sources of varying reliability. The contractor is cautioned that only actual excavation will reveal the types, extent, sizes, locations and depths of such underground utilities. Contractor shall uncover and expose all existing water, sewer and utility lines where they are to be crossed above or below by the new facility being constructed in order to verify ,the grade and to assure that there is sufficient clearance. Should discrepancies exist between the actual locations of connections and those shown on the plans, the contractor shall notify the Engineer. If the contractor C - 9 M 10. fails to follow this procedure, }le will be solely responsible for any extra work or material required if modifictitions to the design are necessary. It shall be the responcaiblity of the Contractor to determine the exact location of underground utilities and service connections thereto. The contractor is to telephone Underground Service Alert (USA) at (800) 642-2444 a minimum of 48 hours prior to start of work for facilites to be located and marked on the surface. NOTIFICATION TO RESIDENTS The Contractor shall give notice to all residents, occupants or owners, of adjacent property not less than 24 hours prior to blocking driveway traffic. Refer to Section 10, "Traffic Control" of these special provisions. The Contractor shall give written notice to all residents, occupants or owners, of affected property not less than 48 hours prior to interrupting water services. The City will furnish "door hangers" for ctions 5, "Time Limitations" and Section 6F, this purpose. Refer to Se "Connection to Existing Lines" of these special provisions. TRAFFIC CONTROL The operations of the contractor shall not cause unnecessary inconvenience. The access rights of the public shall be considered at all times. Safe and adequate pedestrian and vehicular access shall be maintained to fire hydrants. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for resonable periods of time. If backfill has been completed to such extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. A maximum of one lane of traffic, not more than 10 feet wide, may be closed for use by public traffic at any time. Flagmen are mandatory at locations where equipment is intermittently blocking a traffic lane or where only one lane is available for two - direction traffic. One flagman is required for each direction of traffic affected where only one lane is available for over 100 feet or when required by the Engineer. When less than 20 feet of street width is available for two -directional traffic, one lane control shall be imposed with appropriate flagmen. Flagmen shall wear approved distinctive clothing. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles as necessary. C - 10 The Contractor shall comply with all applicable, State, County and City requirements for traffic control. The Contractor shall provide and maintain all equipment_, devices and l.iibor for Traffic control and traffic safety. The Conti -actor shall install and maintain construction signs and triiffic control devices conforming to current requirements set forth in the Traffic Manual published by the Department of Transporation Business and Transportation Agency, State of California, covering ",signs". This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. Full compensation for maintaining traffic and traffic control, including flagmen and for installation, maintaining, and removal of all traffic control signs and devices shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed therefor. 11. WINTER WORK Refer to Standard Specifications and special provisions regarding, Public Safety, Public Convenience,Traffic Control and related sections pertaining to responsibilities to the public and adjacent residents. Trenching and construction operations during winter weather shall not cause unnecessary inconvenience. Should open trenches or street traffic lane closures.exist during inclement weather conditions that are likely to remain, the contractor shall temporarily backfill open trenches, construct temporary paving and maintain safe and adequate vehicular access as specified or directed by the Engineer. During the rainy season, all paved areas shall be kept clear of earth materials, debris, mud and sediment -laden storm runoff. 12. ENCROACHMENT PERMITS The contractor shall procure and pay for all permits and licenses that may be required to commence and complete the contract. The Contractor will be required to obtain an encroachment permit from the County of Santa Clara for work performed within the right-of-way of that agency. C - 11 Reviewed by: Travice itten, Assistant City Engineer C-12 Approved by: rt J. Vipkdvich rector f Public Works