Permits & Development - Encroachment(EP)/Driveway(DW) Permits - 2007_EP-07-301 thru EP-07-400_ - EP-07-352

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5-1.05 TESTING Testing of materials and work shall conform to the provisions in Section 6-3, "Testing," of the Standard Specifications and these special provisions. Whenever the provisions of Section 6-3.01, "General," of the Standard Specifications refer to tests or testing, it shall mean tests to assure the quality and to determine the acceptability of the materials and work. The Engineer will deduct the costs for testing of materials and work found to be unacceptable,as determined by the tests performed by the Department,and the costs for testing of material sources identified by the Contractor which are not used for the work,from moneys due or to become due to the Contractor. The amount deducted will be determined by the Engineer. 5-1.06 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation,the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays,"of the Standard Specifications. 5-1.065 SOLID WASTE DISPOSAL AND RECYCLING REPORT This work shall consist of reporting disposal and recycling of construction solid waste, as specified in these special provisions. For the purposes of this section,solid waste includes construction and demolition waste debris,but not hazardous waste. Annually by the fifteenth day of January, the Contractor shall complete and certify Form CEM-4401, "Solid Waste Disposal and Recycling Report," which quantifies solid waste generated by the work performed and disposed of in landfills or recycled during the previous calendar year. The amount and type of solid waste disposed of or recycled shall be reported in tons. The Contractor shall also complete and certify Form CEM-4401 within 5 days following contract acceptance. Form CEM-4401,"Solid Waste Disposal and Recycling Report"can be downloaded from the following website: http://www.dot.ca.gov/hq/'construc/manual200l If the Contractor has not submitted Form CEM-4401, by the dates specified above, the Department will withhold the amount of$10,000 for each missing or incomplete report. The moneys withheld will be released for payment on the next monthly estimate for partial payment following the date that a complete and acceptable Form CEM-4401 is submitted to the Engineer. Upon completion of all contract work and submittal of the final Form CEM-4401, remaining withheld funds associated with this section, "Solid Waste Disposal and Recycling Report,"will be released for payment. Withheld funds in conformance with this section shall be in addition to other moneys withheld provided for in the contract. No interest will be due the Contractor on withheld amounts. Full compensation for preparing and submitting Form CEM-4401, "Solid Waste Disposal and Recycling Report," shall be considered as included in the contract price for the various items of work involved and no additional compensation will be allowed therefor. 5-1.07 (BLANK) 5-1.08 (BLANK) 5-1.09 SUBCONTRACTING Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the Standard Specifications, Section 2, "Proposal Requirements and Conditions,"and Section 3,"Award and Execution of Contract,"of these special provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code,the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html Contract No. 10-OM7104 109