Chapter 5.50
LEGAL RELATIONS AND RESPONSIBILITY
Sections:
5.50.020 Permits and licenses.
5.50.080 Preservation of property.
5.50.090 Responsibility for damage or injury.
5.50.100 Contractor’s responsibility for work.
5.50.120 Contractor’s insurance.
5.50.130 Disposal of material outside the right-of-way.
5.50.140 Cooperation between contractors and District.
5.50.180 Protection of survey monuments.
5.50.010 Laws to be observed.
The contractor shall keep himself fully informed of all State and national laws and County, District and municipal ordinances and regulations which in any manner affect those engaged 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.
The contractor shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with, all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the District, and all of its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree, the contractor shall forthwith report the same to the District in writing. [Ord. 2014-2 (Att. § 10-01).]
5.50.020 Permits and licenses.
The contractor shall, prior to beginning any work, procure all permits and licenses, pay all inspection charges and permit fees, give all notices necessary and incident to the due and lawful prosecution of the work and shall furnish to the District written proof of compliance of this section. [Ord. 2014-2 (Att. § 10-02).]
5.50.030 Patents.
The contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the District, the District Engineer and their duly authorized representatives, from all suits at law or actions of every nature for, or on account of, the use of any patented materials, equipment, devices or processes. [Ord. 2014-2 (Att. § 10-03).]
5.50.040 Traffic control.
This section defines the contractor’s responsibility with regard to providing for the passage of public traffic through the work during construction. The contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to public traffic, and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public. Prior to commencing work, the contractor shall submit to the agency exercising jurisdiction over the road or street a written traffic control plan, including proposed street or lane closure times, for their approval and shall comply with the approved traffic control plan and all requirements of the encroachment permit.
Unless detours are permitted or unless otherwise provided in the special provisions, all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Street or lane closures shall only be made within the hours provided in the approved traffic control plan. Spillage resulting from hauling operations along or across the traveled way shall be removed immediately at the contractor’s expense.
While trenching and paving operations are underway, traffic shall be permitted to use shoulders and the side of the roadbed opposite the one under construction. When sufficient width is available, a passageway wide enough to accommodate two lanes of traffic shall be kept open at all times at locations where construction operations are in active progress.
In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the contractor shall install signs, lights, flares, barricades, and shall furnish flaggers and/or a pilot car and driver and other facilities for the sole convenience and direction of public traffic. Also where directed by the District or the agency having jurisdiction over the street, he shall provide and station competent flaggers whose sole duty shall consist of directing the movement of public traffic through or around the work. Where needed or required, flaggers shall be equipped with two-way radios.
In addition to the requirements herein specified for furnishing facilities and flaggers for expediting the passage of public traffic through or around the work, the contractor shall furnish and erect, within or adjacent to the limits of the contract, such warning and directional signs required in the approved traffic control plan or as may be designated by the District Engineer or the agency having jurisdiction over the roadway.
All roads must be kept open for public traffic at all times unless specific written permission to close or restrict the use of a particular street is given by the District and by the Department of Transportation or the Public Works Director of Marin County or by any of the Public Works Directors of the cities inside the District. In the event that closing of a particular street is allowed, it shall be the responsibility of the contractor to notify police and fire departments, the school district and ambulance services as to the hours and dates of the street closure and routes of detours at least 24 hours in advance of their occurrence, and again to notify them when they are discontinued.
Whenever the contractor’s operations create a hazardous condition, he shall furnish at his own expense and without cost to the District, such flaggers and guards as are necessary to give adequate warning of and protection from any dangerous conditions to be encountered and he shall furnish, erect, and maintain such fences, barricades, lights, signs and other devices as are necessary to prevent accidents and avoid damage or injury. Flaggers and guards while on duty shall be equipped with red wearing and a red flag or paddle-type signal which shall be kept clean and in good repair. Flaggers shall be equipped with two-way radios when needed for traffic control. Signs, flags, lights, and other warning and safety devices shall conform to the requirements set forth in the current “Manual of Traffic Controls for Construction and Maintenance Work Zones,” issued by the State Department of Transportation. [Ord. 2014-2 (Att. § 10-04).]
5.50.050 Public convenience.
Convenience of abutting owners along the road or sewers shall be provided for as far as practicable. Convenient access to driveways, houses and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition.
The right is reserved to municipal corporations, County authorities, and to water, gas, telephone, telegraph, television, and other electric power transmission utilities to enter upon any public highway, road or right-of-way for the purpose of making repairs and changes that have become necessary by the reason of the sewer installation.
All fences subject to interference shall be maintained by the contractor until the work is completed, at which time they shall be restored to the condition prior to starting the work.
Excavation and backfill shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by the public traffic at all times. When possible, sewer construction shall be conducted on one-half the width of the traveled way at a time and that portion of the traveled way being used by public traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for use by traffic. The roadbed shall be sprinkled with water, if necessary, to prevent dust nuisance.
Bridges of approved construction shall be installed and maintained across the trench at all cross walks, intersections, and at such other points where, in the opinion of the Engineer, traffic conditions make it advisable. [Ord. 2014-2 (Att. § 10-05).]
5.50.060 Safety.
This section defines the contractor’s responsibility with regard to providing for safety during construction. The contractor alone shall be responsible for the safety of his plant, equipment and methods, including trench shoring. All trench shoring and other construction methods shall comply with State and Federal safety orders.
Should the contractor appear to be neglectful or negligent in furnishing warning and protective measures, the District may direct attention to the existence of a hazard, and may order the contractor to improve his facilities or methods, and the contractor shall promptly comply with such orders, and the necessary warning and protective measures shall be furnished and installed by the contractor at his own expense without cost to the District. Whether or not the Engineer issues orders, and whether or not he points out the inadequacy of warning and protective measures, and even though the contractor takes appropriate steps in accordance therewith, the contractor shall not be relieved from responsibility for securing the necessary degree of safety, nor shall his obligation to furnish and pay for appropriate plant, equipment and methods be abrogated.
No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day’s work and at other times when construction operations are suspended for any reason, the contractor shall remove all equipment and other obstructions from that portion of the roadway to be opened for use by public traffic. No material or other obstructions shall be placed within 15 feet of fire hydrants, which shall be at all times readily accessible to the fire department, nor within five feet of United States mailboxes.
Open fires, smoking, the striking of matches, open flame lamps or lanterns, and electrical equipment and appliances that will generate or produce sparks shall not be permitted in the sewer or portion thereof where there is or may be an accumulation of inflammable gas in explosive quantities.
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. § 10-06).]
5.50.070 Use of explosives.
The use of explosives is prohibited. [Ord. 2014-2 (Att. § 10-07).]
5.50.080 Preservation of property.
Attention is directed to Chapter 5.55 SD5MCC. Due care shall be exercised to avoid injury to existing sewer improvements or facilities, streets, highways, pavements, utility facilities, adjacent property, and roadside trees and shrubbery that are not to be removed. Dust resulting from the contractor’s operations shall be kept to a minimum. If required by the District, the contractor shall keep on the job site equipment for washing the streets. Where landscaping or landscape irrigation lines are disrupted, the contractor shall provide for alternate watering for irrigation of lawns or landscaping.
In case it shall be necessary to remove any telephone, telegraph, or electric power transmission poles, gas pipes, water pipes, electrical conduits or underground structures of any character, or portion thereof, the owners or their agents or superintendents, upon proper application of the contractor shall be notified by the authorized official to remove same within a specified time, and the contractor shall not interfere with said structures until the time specified in the said notice shall have expired. In case water or gas service pipes crossing the line of the sewer trench are cut by the contractor, such connection shall be restored without delay, after the passing of the trenching machine. Such cutting and restoration of service connections shall be at the sole expense of the contractor and shall be done at such times and manner as to insure the least inconvenience to the users.
The contractor shall examine all roadbeds, bridges, culverts and other structures on or near the work, over which he will move his materials and equipment, and before using them, he shall properly strengthen such roads and structures, where necessary. The contractor shall be held responsible for any and all injury or damage to such roads and structures caused by reason of his operations.
Any painting, striping, safety buttons, traffic loops, catch basins, street signs and any public or private properties that are damaged or destroyed by the contractor or his subcontractor shall be replaced with the consent of the District Engineer, the District Manager or the encroachment permit issuer. This pertains to the job site or any area being used by the contractor. The cost of replacement shall be included in the bid price for sewer line.
The fact that any underground facility is not shown upon the plans shall not relieve the contractor of his responsibility under this section. It shall be the contractor’s responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of his operations.
Full compensation for furnishing all labor, materials, tools and equipment, and for doing all the work involved in protecting or repairing property as specified in this section, shall be considered as included in the contract work. [Ord. 2014-2 (Att. § 10-08).]
5.50.090 Responsibility for damage or injury.
The District, District Board, District Engineer or any of their officers or employees shall not be answerable or accountable in any manner, for any loss or damage that may happen to the work or any part thereof; for any of the materials or other things used or employed in performing the work; for injury to any person or persons either workmen or the public; for damage to the property from any cause which might have been prevented by the contractor, or his workmen, or anyone employed by him. The contractor shall be responsible for any liability imposed by law upon the District, its officers, employees, or the Engineer for any damage to any person or property occurring or arising in the execution of the contract or performance of the work, including such resulting from a failure to abide by all applicable laws and regulations, or occurring or arising out of the improper execution of the contract or performance of the work, including such resulting from the failure to abide by all applicable laws and regulations, or occurring or arising out of the improper execution of the contractor or performance of the work, or resulting from work or materials which are defective, unsatisfactory, or imperfect or whose defective, unsatisfactory, or imperfect nature is discovered during any guarantee period, and shall indemnify, defend, and save harmless the District, the District Engineer and each of their agents, officers and employees, from all suits, actions, claims and demands of every name and description, brought for, or on account of any such injuries or damages and in addition to any remedy authorized by law, so much of the money due the contractor under and by virtue of the contract as shall be considered necessary by the District may be retained by the District until the disposition has been made of such suits or claims for damages aforesaid.
No retention of money due the contractor under and by virtue of the contract will be made by the District pending disposition has been made of such suits or claims for damages brought against the said County, City or District. [Ord. 2014-2 (Att. § 10-09).]
5.50.100 Contractor’s responsibility for work.
Until the acceptance of the work under the contract or permit, the contractor shall have the charge and care of the work and of the materials to be used therein and shall bear the risk of injury, loss, 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 nonexecution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work or materials occasioned by any of the above causes before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages as are directly and proximately caused by acts of God.
In case of suspension of work for any cause whatever, the contractor shall be responsible for the work as above specified, and he shall also be responsible for all materials delivered to the work, including materials for which he has received partial payment or materials which have been furnished by the District, and if ordered by the Engineer, he shall, at his own expense, properly store such materials. Such storage by the contractor shall be on behalf of the District and the District shall at all times be entitled to the possession of such materials, and the contractor shall promptly return the same to the site of the work when requested. The contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer. Where necessary to protect the work from damage, the contractor shall, at his expense, provide suitable drainage and erect temporary structures.
Neither the District, District Engineer nor any of their agents, officers and employees assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the contractor. [Ord. 2014-2 (Att. § 10-10).]
5.50.110 Indemnity.
The contractor shall hold harmless, indemnify and defend the District, the District Board, the District Engineer and each of their officers, agents and employees from any and all liability claims, suits, actions, losses or damage arising or alleged to arise from the performance of the work described herein or damages or claims to which the District, District Board, District Engineer and each of their officers, agents and employees may be subjected arising out of the contractor’s negligent performance, willful misconduct or unreasonable delay in connection with the work.
Indebtedness incurred for any cause arising out of the contractor’s negligent performance or willful misconduct in connection with work must be paid by the contractor; and the District, District Board, District Engineer and each of their officers, agents and employees are hereby relieved at all times from any indebtedness or claim other than the contract sum. [Ord. 2014-2 (Att. § 10-11).]
5.50.120 Contractor’s insurance.
The contractor shall not commence work under the contract until he has obtained all insurance as specified herein; nor shall the contractor allow any subcontractor to commence work on this project until the same insurance requirements have been complied with by each subcontractor.
The types of insurance the contractor shall obtain and maintain for the full period of the contract will be worker’s compensation insurance, comprehensive general liability insurance and automobile liability insurance, as detailed below. Any insurance bearing on adequacy of performance will be maintained after completion of the project for the full guarantee period. The contractor shall be solely responsible for damage payments up to the amount of the deductible. Nothing contained in these insurance requirements is to be construed as limiting the extent of the contractor’s responsibility for payment of damages resulting from his operations.
(1) Worker’s Compensation Insurance. The contractor and all subcontractors shall obtain for the period of the contract full worker’s compensation insurance coverage for all persons whom they employ or may employ in carrying out the work under this contract. This insurance will be in strict accordance with the requirements of the most current and applicable State worker’s compensation insurance laws. In case any class of employees engaged in hazardous work under the contract at the site of the project is not protected under the worker’s compensation statute, the contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of his employees not otherwise protected. The contractor shall sign and file with the District the certification required pursuant to Cal. Lab. Code § 1861.
(2) Comprehensive General Liability. The contractor and all his subcontractors shall obtain for the period of the contract full comprehensive general liability insurance coverage. This coverage shall provide for both bodily injury and property damage, including coverage for injury, sickness or disease, death, and destruction of property arising directly or indirectly out of or in connection with the performance of work under this contract, including explosion, collapse, under-ground exposure and flooding, and will provide for a limit of not less than $1,000,000 for all damages arising out of bodily injury, sickness or disease to, or death of one person in any one occurrence, and an aggregate limit of not less than $2,000,000. Included in such insurance will be contractual coverage sufficiently broad to insure that provision titled “Indemnity” set forth in SD5MCC 5.50.110.
(3) Automobile Liability Insurance. The contractor and all of his subcontractors shall obtain for the period of the contract automobile liability insurance with a combined single limit of $1,000,000 for bodily injury or death and property damage. This insurance shall cover all vehicles, whether rented or owned, while being used in connection with performance of the work.
(4) Proof of Carriage of Insurance. Before commencing work, the contractor shall furnish the District a certificate or certificates, evidencing issuance of all insurance policies mentioned above. The comprehensive general liability insurance policy shall bear the following endorsements: (a) endorsement precluding cancellation or reduction in coverage before the expiration of 35 days after the District shall have received written notification by registered mail from the insurance carrier, (b) a standard cross liability endorsement, (c) an endorsement naming as additional insureds the District, District Board, District Engineer and each of their officers, agents and employees, and (d) an endorsement that the insurance as provided is primary insurance, and no other insurance available to the above shall be called upon to contribute to a loss.
(5) Insurance Rating. All insurance shall be placed with an insurance company with a current AM Best rating of not less than A:VII. [Ord. 2014-2 (Att. § 10-12).]
5.50.130 Disposal of material outside the right-of-way.
Unless otherwise specified in the special provisions, the contractor shall make his own arrangements for disposing of materials outside the right-of-way and he shall pay all costs involved therewith.
When any materials, including excess or unsuitable excavated earth or other sewer materials are to be disposed of outside the right-of-way, the contractor shall first obtain a written permit from the property owner on whose property the disposal is to be made, and shall file a copy of the permit with the District, and the disposal area shall be kept in a neat and orderly condition throughout the construction period. [Ord. 2014-2 (Att. § 10-13).]
5.50.140 Cooperation between contractors and District.
The contractor shall cooperate with all other contractors who may be employed on the work or related or adjacent work, and any workmen who may be employed by the District on any work in the vicinity; he shall so conduct his operations as to interfere to the least possible extent with the work of such contractors or workmen. He shall make good promptly, at his own expense, any injury or damage that may be sustained by other contractors or employees of the District at his hands.
Any difference or conflict which may arise between the contractor and other contractors, or between the contractor and workmen of the District, in regard to their work shall be adjusted and determined by the District.
If the work of the contractor is delayed because of any acts or omissions of any other contractor or of the District, the contractor shall on that account have no claim against the District other than for an extension of that time. [Ord. 2014-2 (Att. § 10-14).]
5.50.150 Acceptance of work.
When the District has made the final inspection as provided in SD5MCC 5.40.240, and determines that all work under the contract, permit or agreement has been satisfactorily completed in all aspects in accordance with the plans and specifications and District rules and regulations, he will recommend formal acceptance by the District Board of Directors. Approved record drawings as required under SD5MCC 5.30.060 shall be submitted prior to acceptance of the work by the District. [Ord. 2014-2 (Att. § 10-15).]
5.50.160 Guarantee of work.
Unless more stringent requirements are otherwise specified (or in the case of permit work set forth in the form of a condition on the main extension permit), all work shall be guaranteed for a period of one year from the date of acceptance by the District. The contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The District is hereby authorized to make such repairs if within 10 days after the mailing of the notice in writing to the contractor, or his agent, the contractor shall neglect to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency where, in the opinion of the District, delay would cause serious loss or damage, repairs may be made without notice being sent to the contractor, and the contractor shall pay the costs thereof. [Ord. 2014-2 (Att. § 10-16).]
5.50.170 Personal liability.
Neither the District Board, the District Engineer nor any other officer or authorized employee of the District shall be personally responsible for any liability arising under or by virtue of the contract. [Ord. 2014-2 (Att. § 10-17).]
5.50.180 Protection of survey monuments.
Various survey monuments consisting of iron pipe, cast iron, brass, and concrete markers may be located along the center lines of streets, at intersections, points of beginning and ending of curves, property corners, and at other points, and where the installation of the sewers or other work of the contract may cause these monuments to be destroyed or disturbed. The contractor shall notify the job engineer and the contractor shall not disturb any monument or property corner that must be removed in the performance of his work until he has been advised by the job engineer that it has been properly referenced out for resetting. Should the contractor disturb or remove any monuments or property corners due to his neglect, he shall be held responsible for the expense of their resetting by the District. [Ord. 2014-2 (Att. § 10-18).]
5.50.190 Sewer service.
The contractor shall be held solely responsible to provide uninterrupted sewer service to all services affected by his work. The contractor shall protect and indemnify the District, the District Board, the Inspector and all other officers, agents and employees against any claim or liability arising from or based on failure to provide such continuous service. [Ord. 2014-2 (Att. § 10-19).]
5.50.200 Business license.
Each incorporated City and the County of Marin requires a business license. [Ord. 2014-2 (Att. § 10-20).]