Chapter 5.40 CONTROL OF WORK

All work shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the District, which shall have general control of all work included hereunder. To prevent disputes and litigation, the District shall in all cases determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are provided; shall decide all questions relative to the true construction, meaning, and intent of the specifications and drawings; and shall have the power to reject or condemn all work or material which does not conform to the plans and specifications.

Should the permittee or contractor fail to act promptly or be remiss in the prosecution of any work done under these specifications, or should the exigencies of the case require that repairs or replacements be made before the contractor can be notified or can respond to notification, the District may, at its option, make or cause to be made the necessary repairs or replacements or perform the necessary work, and the permittee or contractor shall pay to the District the cost of such work plus 15 percent for District administration. Any such action by the District shall not relieve the permittee, contractor or his/her surety of their obligation or responsibility in the prosecution of the job, nor do these provisions establish contingent liability on the part of the District.

The permittee shall pay all costs of his/her contractor, including the cost of any changes in the work required by the District. [Ord. 2014-2 (Att. § 8-01).]

5.40.020 Plans.

The approved plans shall be supplemented by such working drawings as are necessary to control the work adequately. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made in any plan or drawing after it has been approved by the District, except by its direction.

The contractor shall keep on the job site a copy of the plans and specifications, as well as a copy of all City, County, State and other governing specifications, which plans and specifications shall be accessible to the District at all times. The plans, specifications, standard drawings, special provisions and all supplementary documents are to be considered the requirements of the work, and it shall be the responsibility of the contractor to familiarize himself fully with the requirements of these and the various governing authorities having jurisdiction over the work.

Working drawings, not included in the plans furnished by the job engineer, may be required for the prosecution of the work. They shall include shop details, erection plans, masonry layout diagrams, and bending diagrams for reinforcing steel, which shall be approved by the District before any work involving these plans is performed.

It is expressly understood that approval by the District of the contractor’s working drawings does not relieve the contractor of any responsibility for accuracy of dimensions and details. It is mutually agreed that the contractor shall be responsible for agreement and conformity of his working drawings with the approved plans and specifications. Further, approval by the District of the contractor’s working drawings or any method of work proposed by the contractor shall not relieve the contractor of any of his responsibility for any errors therein and shall not be regarded as any assumption of risk or liability by the District or any officer or employee thereof, and the contractor shall have no claim under the contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the District has no objection to the contractor using, upon his own full responsibility, the plan or method proposed. [Ord. 2014-2 (Att. § 8-02).]

5.40.030 Suggestions to contractor.

Any plan or method for work suggested by the District to the contractor, but not specified or required, if adopted or followed by the contractor in whole or part, shall be used at the risk and responsibility of the contractor; and neither the District, District Board, District Manager nor the District Engineer or their agents shall assume responsibility therefor. [Ord. 2014-2 (Att. § 8-03).]

5.40.040 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. Unless otherwise specified herein, deviations from the approved plans and working drawings, as may be required by the exigencies of construction, will in all cases be determined by the District and authorized in writing. [Ord. 2014-2 (Att. § 8-04).]

5.40.050 Interpretation of plans and specifications.

The plans and specifications are intended to be explanatory of each other. Any work indicated in the plans and not in the specifications, or vice versa, is to be executed as if indicated in both. All work shown on the plans, the dimensions of which are not shown, shall be accurately followed to the scale to which the plans are made, but shown dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the plans and specifications, the contractor shall apply to the job engineer for such further explanation as may be necessary, and shall conform thereto as part of the contract. In the event of any doubt or question arising respecting the true meaning of the specifications, special provisions or plans, reference shall be made to the District and its decision thereon shall be final. [Ord. 2014-2 (Att. § 8-05).]

5.40.060 Superintendence.

The contractor shall give his personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully, and when he is not personally present on the work, he shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given by the District, and who shall have full authority to execute the same, and to supply materials, tools and labor without delay and who shall be the legal representative of the contractor. The contractor shall be liable for the faithful observance of any instructions delivered to him or to his authorized representative. [Ord. 2014-2 (Att. § 8-06).]

5.40.070 Character of workmen.

The contractor shall employ only such foreman, mechanics and laborers as are competent and skilled in their respective lines of work, and, when required by the District, the contractor shall discharge any person who commits trespass, or is, in the opinion of the District, incompetent, unfaithful, intemperate, disorderly, or uses threatening or abusive language to any person on the work representing the District, or is otherwise unsatisfactory, and such person shall not again be employed on the work. Such discharge shall not be the basis of any claim for compensation or damages against the District or any of its officers or representatives. [Ord. 2014-2 (Att. § 8-07).]

5.40.080 Construction utilities.

The contractor shall be responsible for providing, for and on behalf of his work under the contract, all necessary utilities, such as special connections to water supply, sanitation facilities, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. All utility arrangements, including applicable permits, shall be obtained prior to the start of work and paid for by the contractor. [Ord. 2014-2 (Att. § 8-08).]

5.40.090 Lines and grades.

When the contractor requires stakes or marks, he shall notify the job engineer of his requirements at least 48 hours in advance of starting operations that require such stakes or marks. The contractor shall have all the utilities located and marked prior to staking.

Stakes and marks set by the job engineer shall be carefully preserved by the contractor. If any such stakes and marks necessary to complete construction are destroyed or damaged by reason of the contractor’s operation, the contractor shall pay for replacing or restoring such stakes and marks by the job engineer.

The contractor shall furnish all additional stakes, templates, and other material necessary for accurately transferring lines and grades to the bottom of trenches or excavations for the construction of pipelines and structures. For this purpose, he shall employ competent personnel or an independent licensed civil engineer or licensed land surveyor acceptable to the job engineer, who shall be responsible for accurately performing this work.

All distances given and measurements will be in a horizontal plane. Grades are given from the top of stakes or nails, or other points approved by the District.

Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variations from a straight grade, and in case an such discrepancy exists, it must be reported to the job engineer and to the District. If such discrepancy is not reported, the contractor shall be responsible for any error in the finished work. [Ord. 2014-2 (Att. § 8-09).]

5.40.100 Proof of compliance with specifications and drawings.

In order that the District may determine whether the contractor has complied with the requirements of the contract not readily enforceable through inspection and tests of work and material, the contractor shall, at any time when requested, submit to the District properly authenticated documents or other satisfactory proofs as to his compliance with such requirements. [Ord. 2014-2 (Att. § 8-10).]

5.40.110 Errors and omissions.

If the contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instructions, or if he finds any discrepancy between the plans and the physical conditions of the locality, he shall immediately inform the District, in writing, and the District shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the contractor’s risk. [Ord. 2014-2 (Att. § 8-11).]

5.40.120 Inspection.

The District’s representatives shall at all times have access to the work whenever it is in preparation or progress, and the contractor shall provide proper and safe facilities for such access and for inspection. The District shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the plans and specifications. All work done and all materials furnished shall be subject to this inspection and approval.

If the specifications, the District’s instructions, laws, ordinances, or any public authority require any work to be specifically tested or approved, the contractor shall give the District timely notice of its readiness for inspection, and if the inspection is by another authority than the District, of the date fixed for such inspection. If any work should be covered up without approval or consent of the District, it must, if required by the District, be uncovered for examination and properly restored at the contractor’s expense.

The inspection of the work shall not relieve the contractor of any of his obligations to fulfill his contract as prescribed, and defective work shall be made good and unsuitable materials may be rejected, not withstanding that such defective work and materials have been previously overlooked by the District and accepted for payment.

All inspection requested outside of normal District working hours or days shall be reimbursed to the District by the contractor at rates established by the District. [Ord. 2014-2 (Att. § 8-12).]

5.40.130 Inspection by Division of Industrial Safety.

All work shall conform to the applicable requirements of the State of California Division of Industrial Safety. When the work involves construction of a treatment plant or pump station, it shall be inspected by representatives of said Division prior to the final inspection by the District (see SD5MCC 5.40.240). Any necessary corrective work disclosed by such inspection shall be satisfactorily completed at the contractor’s expense prior to acceptance of the work by the District. [Ord. 2014-2 (Att. § 8-13).]

5.40.140 Commencement of work and delays – Permit work.

This section shall apply to the commencement of work and delays for work done under permit within the District. For District contract work, requirements concerning the progress of the work, etc., refer to the job specifications for said work.

Before initial work is begun, the contractor and his foremen shall file with the District addresses and telephone numbers where they can be reached during nonworking hours.

As provided in SD5MCC 5.55.020, prior to excavation work, the contractor shall contact all utilities and agencies which have or may have aboveground and/or underground facilities within the work area.

The contractor shall also give the District notice of the time when he will start work or resume work when suspended. Notices shall be given at least 48 hours in advance of the starting or resumption time, exclusive of Saturdays, Sundays, or holidays, for the purpose of permitting the District to make the necessary assignment of its representative or inspector on the work. After the contractor once begins the work, the work shall be prosecuted diligently and continuously each day until completed. Work may be suspended only during emergencies or inclement weather or where required under these specifications.

In the event the District shall determine that the work is not proceeding in accordance with plans and these specifications, or any applicable rules and regulations, the District may order the cessation of further work until the work proceeds in compliance with such requirements. All delays in the work occasioned by such stoppage shall not relieve the contractor of any duty to perform the work or serve to extend the time for its completion.

When, in the opinion of the District, the contractor’s delay in completing the work or failure to comply with the plans and specifications and any applicable rules and regulations has or may cause damage to the existing sanitary sewerage facilities of the District, the District may order such work to be done as is necessary to protect said facilities and the expense of such work shall be charged to the contractor by the District. [Ord. 2014-2 (Att. § 8-14).]

5.40.150 Removal of defective and unauthorized work.

All work which has been rejected as defective shall be remedied, or removed and replaced by the contractor in an acceptable manner at no cost to the District. Any work done beyond the lines and grades shown on the plans or established by the District, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the contractor’s expense. Upon failure on the part of the contractor to comply promptly with any order of the District made under the provisions of this chapter, the District shall have the authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed and bill the costs to the contractor or the permittee. [Ord. 2014-2 (Att. § 8-15).]

5.40.160 Access to work.

During the performance of the work, the District and its agents and employees may at any time enter upon the work, or the shops where any part of such work may be in preparation, or the factories where any materials for use in the work are being or are to be manufactured or fabricated, and the contractor shall provide proper and safe facilities therefor, and shall make arrangements with manufacturers to facilitate inspection of their processes and products to such extent as the District’s interest may require. Other contractors performing work for the District may also, for all purposes required by their respective contracts, enter upon the work. [Ord. 2014-2 (Att. § 8-16).]

5.40.170 Placing portions of work in service.

If desired by the District, portions of the work, as completed, may be placed in service, and the contractor shall give proper access to the work for this purpose, but such use and operation shall not constitute an acceptance of the work by the District, and the contractor shall be liable for defects due to defective materials, workmanship and equipment until the entire work is finally accepted by the District. The warranty period on equipment shall not begin until the entire work is finally accepted by the District. [Ord. 2014-2 (Att. § 8-17).]

5.40.180 Removal or replacement of work done without lines, grades or levels.

Any work done without lines, levels or grades being given by the job engineer or without favorable review of a District Inspector, may be ordered replaced at the contractor’s sole expense, except when such work is specifically authorized by the District. [Ord. 2014-2 (Att. § 8-18).]

5.40.190 Equipment and methods.

The work under the contract or permit shall be prosecuted with all materials, tools, machinery, apparatus, and labor and by such methods as are necessary to the complete execution of everything described, shown or reasonably implied. If, at any time before the beginning or during the progress of the work, any part of the contractor’s plant, or equipment or any of his methods of execution of the work, appear to the District to be unsafe, inefficient or inadequate to insure the required quality or rate of progress of the work, he may order the contractor to increase or improve his facilities or methods, and the contractor shall comply promptly with such orders; but neither compliance with such orders nor failure of the District to issue such orders shall relieve the contractor from his obligation to secure the degree of safety, the quality of the work, and the rate of progress required of the contractor. The contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment and methods. [Ord. 2014-2 (Att. § 8-19).]

5.40.200 Unfavorable weather and other conditions.

During unfavorable weather and other conditions, the contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality and efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless by special means or precautions approved by the District, the contractor shall be able to overcome them. [Ord. 2014-2 (Att. § 8-20).]

5.40.210 Easement construction.

The contractor shall make every effort to restrict his operations to areas within the easements or rights-of-way provided for the work. He shall caution all employees not to trespass or operate equipment outside the easements provided without first having obtained written permission from adjacent property owners. A copy of said written permission is to be submitted to the District prior to any encroachment. Prior to commencing any work on private property or within easements, the contractor shall take pictures of the original condition. The contractor shall clean up and restore all easement and other disturbed areas to a condition equal to or better than the original.

The contractor shall conduct his operations so as to cause as little damage as possible to existing yard improvements. Yard improvements such as fences, landscaping, trees, patios, walkways, driveways, etc., in the line of construction shall be removed by the contractor only after approval by the District. Unless otherwise provided in the special provisions or permitted by the District and/or property owners, all fences, trees, plants, lawns, ornamental shrubbery, patios, walkways, driveways, and any other yard improvements within the working easements or rights-of-way which have been damaged by the contractor’s operations shall be completely replaced, repaired or restored to its original conditions by the contractor to the satisfaction of the District and/or property owner. Replacing, repairing, and restoring shall be accomplished with materials of the same kind and quality as those of the original improvement.

The contractor shall remove, haul and dispose of, off the job site, all surplus and waste materials resulting from his operations that are not required to complete the project and shall thoroughly clean up the site of the work and dress the slopes and banks to the satisfaction of the District.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. [Ord. 2014-2 (Att. § 8-21).]

5.40.220 Alterations.

The District reserves the right to increase or decrease the quantity of any items or portions of the work or to omit portions of the work as may be deemed necessary or advisable by the District; also to make such alterations or deviations, additions to, or omissions from the plans and specifications as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Upon written order of the District, the contractor shall proceed with the work as increased, decreased or altered. On private work, the permittee shall pay all costs of any alternatives to work required by the District. [Ord. 2014-2 (Att. § 8-22).]

5.40.230 Cleaning up.

The contractor shall confine his equipment, storage of materials, and construction operations to such limits as may be directed by the District, and shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The District shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

On or before the completion of the work, the contractor shall without charge therefor carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him and shall remove rubbish of all kinds from any of the grounds which he has occupied and leave them in first class condition. [Ord. 2014-2 (Att. § 8-23).]

5.40.240 Final inspection.

When the work contemplated by the contract, permit or agreement has been completed, the District will, upon request by the contractor, make the final inspection on the grounds together with an authorized representative or representatives of any and all other agencies having an interest in the work. [Ord. 2014-2 (Att. § 8-24).]