statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items.
e. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 Calendar Days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 2-10, Disputed Work.
f. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of t he Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
1.09 Mobilization.
a. When a Bid item has been provided for “Mobilization,” payment shall be distributed equally over the first 2 progress payments up to the amount of the Bid item price but shall not exceed 3% of the Contract Price. If the Bid item for “Mobilization” exceeds 3% of the Contract Price, the portion above 3% of the Contract Price shall be paid as a part of the Final Payment.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 31 00 PROJECT MANAGEMENT AND COORDINATION Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
01 31 00 PROJECT MANAGEMENT AND COORDINATION
PART 1 CONSTRUCTION MANAGEMENT SOFTWARE
1.01 Procore Project Management and Collaboration System. a. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non -productive activities, reducing re work and decreasing turnaround times. The Contractor is required to create a free web -based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contr actor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on -site individual to provide real -time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents.
END OF SECTION
01 32 00 SUBMITTALS Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023
01 32 00 SUBMITTALS
PART 1 GENERAL
1.01 General.
a. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the original submittal number followed by an ascending alphabetical designation (e.g., ‘4 -A’ would indicate the first resubmittal of the fourth submittal). Each submittal shall be accompanied by a letter of transmittal on the Contractor’s letterhead which shall contain the following:
1. Agency Project title and Contract number.
2. Specification section number(s) pertaining to material submitted for review.
3. Submittal number.
4. Description of the contents of the submittal.
5. Identification of any deviation from the Contract Documents on the transmittal and by redline on the shop or working Drawings.
6. Contractor’s certification statement.
7. Printed name and signature of submitter, title and date. b. The Contractor shall place the following certification statements on all submittals and shall subscribe to one of the following:
"I certify that the materials, equipment or construction procedure(s) contained in this submittal meet all requirements shown or specified in the Contract Documents with no exceptions.”
or
"I certify that the materials, equipment or construction procedure(s) contained in this submittal meet all requirements shown or specified in the Contract Documents, except for the following deviation(s):”
c. Shop Drawings and engineering data (submittals) c overing all equipment and all fabricated components and building materials which will become a permanent part of the Goods and Special Services under this Contract shall be submitted to Engineer for review, as required. Submittals shall verify compliance w ith the Contract Documents and shall include Drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and the operation of component materials and devices; the external connections, anchorages, and supports required; t he performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. d. Each submittal shall cover items from only one section of the specification unless the item consists of components from several sou rces. Contractor shall submit a complete initial submittal including all components. When an item consists of components from several sources, Contractor's initial submittal shall be complete including all components. e. All submittals, regardless of origin, shall be approved by Contractor and clearly identified with the name and number of this Contract, Contractor's name, and references to applicable specification paragraphs and Contract Drawings. Each copy of all submittals, regardless of origin, shall be stamped or affixed with an approval statement of Contractor.
Each submittal shall indicate the intended use of the item in the Goods and Special
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Document Version: 1.0 Current Update: May 2023
Services. When catalog pages are submitted, applicable items shall be clearly identified and inapplicable data crossed out. The current revision, issue number, and date shall be indicated on all Drawings and other descriptive data.
f. Contractor shall be solely responsible for the completeness of each submittal.
Contractor's stamp or affixed approval statement of a sub mittal is a representation to Engineer that Contractor accepts sole responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that Contractor has reviewed and coo rdinated each submittal with the requirements of the Goods and Special Services and the Contract Documents. g. All deviations from the Contract Documents shall be identified as deviations on each submittal and shall be tabulated in Contractor's letter of transmittal using Figure P-01300-
2. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping and wiring diagrams. h. The Contractor shall submit shop Drawings electronically. i. For electronic submittals, drawings and the necessary data shall be submitted electronically to Engineer as specified below. Submittal documents shall be in black and white unless color is required for the review of the submittal. All electronic files shall be in PDF as generated by Adobe Acrobat Professional latest version. The PDF file(s) shall be fully indexed using the Table of Contents, searchable with thumbnails generate d. PDF images must be at a readable resolution. For most documents, they should be scanned or generated at 300 dots per inch (dpi). Optical Character Recognition (OCR) capture must be performed on these images so that text can be searched, selected and copied from the generated PDF file. The PDF documents shall have a bookmark created in the navigation frame for each major entry (“Section” or “Chapter”) in the Table of Contents. Thumbnails shall be generated for each page or graphic in the PDF file. The opening view for each PDF document shall be as follows:
1. Initial View: Bookmarks and Page
2. Magnification: Fit In Window
3. The file shall open to the Contractor’s transmittal letter, with bookmarks to the left.
The first bookmark shall be linked to the Table of Contents.
PDF document properties shall include the submittal number for the document title and the Contractor’s name for the author.
j. Electronic submittal file sizes shall be limited to 10 MB. When multiple files are required for a submittal the least number of files possible shall be created. k. The Contractor shall post submittals and retrieve the Engineer’s submittal review comments through the Engineer’s (Consulting Engineer’s) Project website accessible through the Internet. Instruction on procedures for posting and retrieving submittals will be provided after award of the Contract.
l. Facsimiles (fax) will not be acceptable. Engineer will not accept submittals from anyone but Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades.
01 32 00 SUBMITTALS Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023
1.02 Engineer’s Review of Submittals.
a. Engineer's review of submittals covers only general conformity to the Drawings and Specifications, external connections, and dimensions that affect the layout; it does not indicate thorough review of all dimensions, quantities, and details of th e material, equipment, device, or item covered. Engineer's review shall not relieve Contractor of sole responsibility for errors, omissions, or deviations in the Drawings and data, nor of Contractor's sole responsibility for compliance with the Contract Documents. b. Engineer's submittal review period shall be 21 consecutive Calendar Days and shall commence on the first Calendar Day following receipt of the submittal or resubmittal in Engineer's office. The time required to mail the submittal or resubmittal back to Contractor shall not be considered a part of the submittal review period. c. When the Drawings and data are returned wit h review status "NOT ACCEPTABLE" or "RETURNED FOR CORRECTION," the corrections shall be made as instructed by Engineer.
If submittals are made in hard copy, 5 corrected copies shall be resubmitted. If submittals are made electronically, the corrected Drawi ngs and data shall be resubmitted through the Project website. Resubmittals by facsimile or e -mail will not be accepted. When the Drawings and data are returned with review status "EXCEPTIONS NOTED ," "NO EXCEPTIONS NOTED," or "RECORD COPY," no additional copies need be furnished unless specifically requested by Engineer.
1.03 Resubmittal of Drawings and Data.
a. Contractor shall accept full responsibility for the completeness of each resubmittal.
Contractor shall verify that all corrected data and additional information previously requested by Engineer are provided on the resubmittal.
b. When corrected copies are resubmitted, Contractor shall direct specific attention to all revisions in writing and shall list separately any revisions made other than those called for by Engineer on previous submittals. Requirements specified for initial submittals shall also apply to resubmittals. Resubmittals shall bear the number of the first submittal followed by a letter (A, B, etc.) or a unique identification that indicates t he initial submittal and correct sequence of each resubmittal.
c. If more than 1 resubmittal is required because of failure of Contractor to provide all previously requested corrected data or additional information, Contractor shall reimburse Agency for the charges of Engineer for review of the additional resubmittals.
This does not include initial submittal data such as shop tests and field tests that are submitted after initial submittal.
d. Resubmittals shall be made within 30 Calendar Days of the date of the letter returning the material to be modified or corrected, unless within 14 Calendar D ays Contractor submits an acceptable request for an extension of the stipulated time period, listing the reasons the resubmittal cannot be completed within that time. e. The need for more than 1 resubmittal, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Times unless delay of the Work is the direct result of a change in the Work authorized by a Change Order or failure of Engineer to review and return any submittal to Contractor within the specified review period.
01 32 00 SUBMITTALS Date Printed: September 26, 2023
Document Version: 1.0 Current Update: May 2023
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
01 33 00 CONSTRUCTION PROGRESS SCHEDULE
PART 1 GENERAL
1.01 Progress Schedule.
a. A Progress Schedule shall be used to control the Work and to provide a definitive basis for determining Project progress. The Progress Schedule shall be prepared, maintained and updated by the Contractor and historical dates agreed monthly with the Enginee r.
The Contractor shall submit a preliminary Progress Schedule and a Progress Schedule for acceptance by the Engineer. These schedules shall be the Contractor’s working schedules and shall be used to plan, organize and execute the Work, record and report a ctual performance and progress, and show how the Contractor plans to complete all remaining Work as of the end of each progress report period.
b. The Progress Schedule shall comprise all the detailed construction-related activities using the CPM. The Progres s Schedule shall provide sufficient detail and clarity to reflect the intricacies and interdependencies of activities so the Contractor can plan, schedule, monitor, control and report on the progress of its work. In addition, it shall provide the Engineer and Agency a tool to monitor and follow the progress for all phases of the Work. c. The Contractor shall perform Work and furnish materials, labor, tools, equipment or services that may be reasonably inferred as being required to produce the intended result, whether specifically called for in the Contract Documents, at no additional cost to the Agency.
d. Visible, existing improvements for which no specific disposition is made on the Plans, but which interfere with the Work, shall be removed and disposed of by th e Contractor with the prior approval of the Engineer.
e. Scheduling software shall be Primavera Project Manager (P6) without exception.
1.02 Pre-Construction Scheduling Conference.
a. The Engineer will conduct a pre -construction scheduling conference with the Contractor to review requirements for the schedules and schedule configuration. The conference shall be conducted sufficiently early to allow the Contractor to submit the preliminary Progress Schedule within 10 Calendar Days of the Effective Date of the Contract. b. At this meeting, the Contractor shall explain in detail the procedure to be used to develop the schedule activity cost-loading or SOV and cash flow. This procedure is subject to the review and acceptance of the Engineer.
1.03 Preliminary Progress Schedule.
a. Following the pre-construction scheduling conference but within 10 Calendar Days of the Effective Date of the Contract, the Contractor shall submit a preliminary Progress Schedule for review by the Engineer. The preliminary Progress Schedule shall show detailed construction-related activities for the first 30 Calendar Days of the Project. The remainder of the Contract activities shall be shown as summary bars within the milestones of the Work. If the Engineer has comments on the preli minary Progress Schedule, Contractor shall make the necessary changes and resubmit it within 10 Calendar Days. No progress payments will be made during the period specified above for
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
the preliminary Progress Schedule until the preliminary Progress Schedule has been accepted by the Engineer.
b. The preliminary Progress Schedule shall:
1. Illustrate a feasible schedule for completion of the Work within the time and milestones specified.
2. Provide an elementary example of the schedule in the format to be used for the Progress Schedule.
3. Include the activity code structure as described in paragraph 1.18 ACTIVITY CODES. c. Preliminary Progress Schedule Submittal Format: Contractor shall the preliminary Progress Schedule electronically. A brief narrative shall accompany the submittal, describing Contractor’s scheduling approach to the Project. The narrative shall include a description of the Contract milestones, approach for construction activities during the period of the preliminary Progress Schedule, description of the gen eral approach of the activities for the Work beyond the preliminary Progress Schedule period, a description of the Project’s Critical Path, identification of critical long -lead submittals, and planned outages. The narrative shall also incorporate activity codes, calendars, weather days, milestone constraints, and work breakdown structure in accordance with the requirements specified in this part.
1.04 Progress Schedule.
a. The Progress Schedule comprises all the construction-related activities for the Work and shall show the order in which the Contractor proposes to carry out the Work. Contractor shall include milestones, coordination necessitated by limited access and available work areas, and the availability and use of the labor force, material and equipment. Contractor shall use the Progress Schedule to plan, schedule and coordinate the Work including activities of Subcontractors, equipment vendors, and suppliers. b. The Progress Schedule shall be to the level of detail acceptable to the Engineer, and shall include the following:
1. Organization and structural breakdown of the Project;
2. Milestones and completion dates;
3. Type of Work to be performed and the labor trades involved;
4. Purchase, manufacture and delivery activities for major materials and equipment;
5. Preparation, submittal, and acceptance of shop drawings and material samples;
6. Deliveries of Agency-furnished equipment and/or materials;
7. Acceptances required by regulatory agencies and/or other third parties;
8. Assignment of responsibility for each activity;
9. Access requirements to Work areas;
10. Identification of interfaces and dependencies with preceding, concurrent and follow on Contractors;
11. Tests, submittal of test reports and acceptance of test results;
12. Planning for phased or total acceptance by Agency; including start up and commissioning;
13. Identification of any labor force, material and equipment restrictions.
14. Sequence of construction to maintain plant operations;
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15. Planned outages.
c. The activities included in the Progress Schedule shall be defined in Work ing Days.
Durations shall be based on the labor (crafts), equipment, and materials required to perform each activity on a normal workday basis. Activity durations shall be 20 Working Days or less except in the case of non -construction activi ties such as procurement of materials, delivery of equipment, and concrete curing. All durations shall be the result of definitive labor force and resource planning by Contractor to perform the Work, in consideration of contractually defined on Site Work conditions and Contractor’s planned means and methods.
d. When the Progress Schedule is accepted by the Engineer, the Engineer will save a copy of the Progress Schedule as the baseline schedule and will use it for analysis of Contractor’s progress.
e. The Contractor shall update the Progress Schedule monthly.
1.05 Electronic Progress Schedule Format and Reporting. a. The Progress Schedule shall be created using Primavera P6 scheduling software.
Contractor shall use Engineer’s file-naming format throughout the Project.
1. Electronic schedule files shall be saved with .XML or .XER file extensions.
2. Primavera Project Manager settings for “Baseline Type” shall be used in the following manner:
i. Select <None> as the baseline type for the Preliminary Schedule Submittal. ii. Once the Preliminary and Project Schedule are accepted, the baseline type shall be named <Initial Plan>.
iii. Each subsequent Project Schedule update shall set the baseline type to <Last Performance Update>.
3. The data date for schedule calculation in the prelimina ry Progress Schedule and Progress Schedule shall be set as the date of the Notice to Proceed unless otherwise specified by the Engineer.
1.06 Cost Loading.
a. Except for manufacturer lead-time, each Progress Schedule activity that has an actual cost shall have a cost value assigned to it. Equipment or material delivery activities bearing cost shall be separate activities. Each activity’s assigned cost shall consist of all costs associated with that activity including all Project management, superintendence, overhead and profit costs. The sum of all activity costs shall be equal to the current Contract value at all times, including approved Change Orders. The Contractor shall certify that the costs are not unbalanced and that the value assigned to each activity represents the Contractor’s total cost to perform that activity.
b. If the Engineer or Agency determines cost data does not meet the requirements for a balanced bid breakdown, the Contractor shall submit documentation substantiating any cost allocation questioned. Cost allocations will be considered unbalanced if activity on the Progress Schedule has been assigned a disproportionate allocation of direct costs, overhead and profit. If documentation of the cost data does not, in the opinion of the
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
Engineer substantiate cost allocations, the Progress Schedule will be returned to the Contractor for action.
c. Unit Price items required to be paid on a unit cost basis as identified in the Bid Form and the Measurement and Payment section shall be incorporated into the Progress Schedule and measured and updated as specified in this part and as specified in the Measurement and Payment section.
d. The Contractor shall produce Cash Flow Projection reports and graphics from the Primavera application.
e. Cost-loaded data shall be the basis for monthly payment applications and shall be included with monthly updates of the Progress Schedule.
1.07 Resource Loading.
a. The Contractor shall build a resource ( labor force) library within Primavera and assign resources to each applicable Progress Schedule activity. Resource-loading shall determine the activi ty duration based on the assigned resource. The Contractor shall submit a resource analysis report produced from Primavera in the form of a series of graphics showing the principal trades. The report shall show the number of worker-days of effort for each month over the life of the Contract. The labor force requirements forecast shall be updated monthly and shall include the actual labor force used by trade as of the current report period and the labor force required to complete the Work.
1.08 Coordinating Progress Schedule with Other Contract Schedules. a. Where Work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Progress Schedule shall be coordinated with the schedules of the other contracts. Agency will provide the schedules of other contracts for preparation and updating of the Progress Schedule. Contractor shall revise the Progress Schedule as required by changes in schedules of other contracts.
b. In case of interference between the operations of different Contractors, the Agency will determine the work priority of each Contractor and the sequence of work necessary to expedite the completion of the entire Project. In all such cases, the dec ision of Agency shall be accepted as final.
1.09 Submittals.
a. The Progress Schedule and associated reports shall be submitted to the Engineer for acceptance within the period of the preliminary Progress Schedule specified in 1.05(3). If the Progress Schedule is not submitted, no progress payments will be made after the due date until the Progress Schedule has been submitted.
b. Electronic layouts required as part of the Progress Schedule submittal and monthly updates are as follows:
1. Summary Schedule: 1-page milestone and summary schedule, sorted by total float, early-start, early-finish;
2. Detailed Project Schedule: organized by WBS or area of Work; sorted by total float, early-start, early-finish;
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
3. Critical Path Schedule: sorted based on the total float, early-start, early-finish;
4. 60-Calendar-Day Look Ahead Schedule: sorted by total float, early-start, early-finish;
5. Activities in Progress: organized by WBS or area of Work; sorted by total float, early - start, early-finish;
6. Cash Flow Trending Report: presented in an S-Curve format based on original planned early start and late start forecasted expenditures. In addition, the historical actual data point(s) are to be graphed within the S-Curve graphic report;
7. Monthly payment projections;
8. Out-of-sequence Report: tabular report showing Work performed out-of-sequence. c. Contractor shall submit additional layouts if directed by Engineer. d. The submittal shall include the following:
1. Narrative report summarizing the Contract milestones, Critical Path, Project approach including phasing or use of crews, significant submittal and fabrication items, coordination or interface requirements, Agency -provided items, and list of Subcontractors and vendors.
2. Graphic reports including Critical Path report (longest path), summary schedule report, total float report by early -start early -finish, look -ahead report grouped by work breakdown structure or Project phasing, and cash flow projection. Cash flow projections include estimated cumulative cost curves based on early and l ate start dates and projection of monthly payments over the life of the Project. e. The schedule, Critical Path, and look -ahead schedules shall be submitted on E (34”x44”) size paper or 36” wide plots;
f. The Progress Schedule file shall be submitted in an execu table format, using Primavera Project Manager format on a read-write compact disk.
g. The narrative and graphic reports shall be provided on 8”x11” paper and E -size plots respectively.
h. Contractor shall submit each deliverable electronically.
1.10 Monthly Schedule Updates.
a. Monthly Progress Schedule updates shall be submitted for the duration of the Contract on a date agreed to by the Agency, Engineer, and Contractor. If monthly Progress Schedule updates are not submitted by the due date, progress payments will be withheld until the required information is submitted.
b. The updated schedule shall be reviewed each month in a meeting with Engineer to verify:
1. Actual start dates,
2. Actual completion dates,
3. Activity percent completion,
4. Revised logic (as-built and projected) and changes in activity durations, cost assigned,
5. Cost influence of Change Orders, if any,
6. Revisions due to extension of time.
c. Prior to each meeting, Contractor shall prepare a complete and accurate report of current procurement an d construction progress through the end of the update period, and a depiction of how Contractor plans to continue the Work to meet all Contract completion dates. All network changes and status data agreed to during each update meeting shall
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
be considered as accepted by both parties unless written notice of any exceptions is given within 5 Calendar Days after the meeting.
d. For major network changes that cannot be agreed to during an updating meeting, Contractor shall submit the proposed changes for Engineer’s acceptance prior to inserting such changes into the network. Submittals may be in the form of marked up networks, fragnets, or schedule abstracts, provided they are submitted with a letter of transmittal.
A fragnet is defined as a sequence of new activiti es and/or activity revisions that are proposed to be added to the existing schedule to demonstrate how Project events have an impact on the schedule.
1.11 Data Date.
a. The data date is the re -settable date in P6 that serves as the end of a reporting period.
The reporting period will be recorded on a monthly basis, e.g., January 1st through January 31st with the 31st as the data date. If required for coordination purposes by the Agency, the Engineer will provide specific data dates to be used by the Contractor.
1.12 Review Process.
a. Engineer will review Contractor’s preliminary Progress Schedule and full Progress Schedule submittals within 15 Calendar Days after receipt of all required information. b. At the request of Agency or Engineer, Contractor shall participate in any meetings necessary to reach a mutual agreement and acceptance of the preliminary Progress Schedule, Progress Schedules, or Cash Flow Projections. c. If any of the required submittals are returned to Contractor for corrections or revisions, they shall be resubmitted within 10 Calendar Days after the return mailing date.
Resubmittals shall include all information and media included in the first submittal.
Review and response by Engineer will be given within 10 Calendar Days after receipt of each resubmittal.
d. Schedules shall show Contract completion of the Work on the Contract completion date and with zero or positive total float even if the Contractor plans to finish early. In no event shall acceptance of the schedule be a basis for a claim for delay against Agency or Engineer by Contractor for an early finish. A Progress Schedule containing activities with negative float or that extend beyond the Contract completion date will not be acceptable. e. Acceptance of the Progress Schedule by Engineer does not relieve Contra ctor of responsibility for accomplishing the Work by the Contract completion date. Omissions and errors in the accepted Progress Schedule shall not relieve the Contractor of obligations under the Contract. Acceptance by Engineer in no way makes Engineer or Agency an ensurer of the Schedule's success or liable for time or cost overruns. Engineer and Agency disclaim any obligation or liability by reason of acceptance of the Progress Schedule by the Engineer.
1.13 Responsibility of Schedule Compliance.
a. Whenever it becomes apparent from the current Progress Schedule that the Critical Path is delayed and the Contract completion date will not be met, Contractor shall mitigate the delay by taking some or all of the following actions at no additional cost to Agency.
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1. Increase construction labor force in such quantities and crafts as will bring the Project back on schedule within the completion dates and milestones.
2. Increase the number of working hours per shift, shifts per day, Working Days per week, and the amount o f construction equipment, or any combination of the foregoing, to substantially eliminate the backlog of Work.
3. Re-schedule activities to achieve maximum practical concurrence of activities and to comply with the schedule date(s).
b. Within 10 Calendar Days of the Engineer’s request, Contractor shall submit a recovery schedule and written statement of the steps intended to remove or arrest the delay to the Critical Path in the schedule. If the Contractor fails to submit the required information or should fail to take measures acceptable to the Engineer, the Engineer with Agency concurrence may direct Contractor to increase labor force, equipment and scheduled Work hours to remove or arrest the delay to the Critical Path and the Contract or shall promptly provide such level of effort at no additional cost to Agency. c. In the event Contractor fails to follow the updated or revised recovery schedule, Agency may elect to withhold progress payments until Contractor complies with the revised schedule.
d. Should Contractor’s efforts not remove or arrest the delay to the Critical Path of the accepted schedule, then Agency shall be entitled to supplement Contractor’s workforce and equipment to remove and arrest any delay and shall be entitled to deduct all costs and expenses associated with the supplemental workforce and equipment from payments due to the Contractor. If insufficient Contract funds remain, Agency may recover such funds from Contractor and its Surety.
1.14 Change Orders, Delays and Extensions of Time.
a. When Change Orders or delays are experienced by Contractor and Contractor requests an extension of time, Contractor shall submit a written time impact analysis to the Engineer illustrating the influence of each change or delay to the current Contract Schedule completion date. Each time impact analysis shall include a fragment incorporating the Change Order or delay into the Progress Schedule to demonstrate how Contractor was delayed.
b. Each time impact analysis shall demonstrate the estimated ti me impact based on the events of the change or the delay; the date the change was given to Contractor or the delay incurred, the status of construction at that point in time, and the event time computation of all activities affected by the change or delay. The event times used in the analysis shall be those included in the latest update of the Progress Schedule or as adjusted for the events of delay.
c. Three copies of the time impact analysis and an electronic copy on compact disk shall be submitted within 7 Calendar Days of delay occurrence or direction to proceed with a change is given to Contractor. No time extensions will be considered if the time impact analysis is not submitted within the specified time.
d. The Engineer will review Contractor’s time impact analysis. Contractor shall furnish such justification and supporting evidence as the Engineer deems necessary to determine whether Contractor is entitled to an extension of time. Engineer’s review of each time
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impact analysis will be made within 5 Working Days of receipt of the time impact analysis and additional information as required by the Engineer, unless subsequent meetings and negotiations are necessary.
e. The Contract completion time will be adjusted only for causes specified in paragraph 15.
Time extensions will be granted only to the extent that equitable time adjustments for the activity or activities affected exceed the total or remaining float along the Critical Path at the time of actual delay. Delays in activities which are not on the Critical P ath and do not affect Contract completion dates, will not be considered for an extension of time.
1.15 Causes for Extensions of Time.
a. Additional positive total float in the Progress Schedule generated by efficiencies of Agency or Contractor is a shared commodity to be reasonably used by either party, and belongs exclusively to the Project. The Contractor is not entitled to any additional compensation for completion of the Project prior to expiration of the Contract Times. b. Agency-Initiated Changes. Agency initiated changes to the Contract Work that absorb float time will not be considered for an extension of time. Agency -initiated changes that affect the Critical Path of the Progress Schedule shall be grounds for extending or shortening completion dates. Use of float time for Contractor initiated changes will require Agency’s concurrence. Contractor’s changes, however, shall give way to Age ncy- initiated changes competing for the same float time.
c. Outside Contractor’s Control. Events outside of the Contractor’s control that affect the Critical Path of the Progress Schedule will be considered for an extension or reduction of the Contract Times.
d. Weather Delays. Engineer will obtain weather data during construction from a reputable source and will maintain weather records.
1. Engineer will determine Contractor’s entitlement to an extension of the Contract Time as a result of weather delays. Extens ions of time will be granted at the discretion of the Engineer for circumstances not covered by the flow chart.
2. Any weather -related extension of Contract Time shall be non -compensable.
Efficiencies gained as a result of favorable weather within a calenda r month, where the number of days of normally anticipated weather days is less than expected, shall contribute to the Project float and shall not affect the Contract Times.
3. Application for a weather-related extension of time shall be submitted to the Engineer and shall state the extension requested and be supported by the relevant weather data.
1.16 As-Built Schedule.
a. As a condition precedent to release of final payment, the last update to the Progress Schedule submitted shall be identified by the Contrac tor as the “As-Built Schedule.” The “As-Built Schedule” shall reflect the exact manner in which the Project was actually constructed (including actual start and completion dates, activities, sequences, and logic) and shall be signed and certified by the Contractor’s Project manager.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
1.17 Schedule Software Settings and Restrictions.
a. Contractor shall consult with Engineer for acceptable Primavera Project Manager software settings and restrictions. The following shall apply unless otherwise directed by the Engineer.
1. Schedule Options:
i. Shall be defined only to “Use expected finish dates”; ii. Scheduling progressed activities to be set to “Use only retained logic ,” not progress override option;
iii. Critical Path activities defined as Total Float less than or equal to zero; iv. Calculating start-to-start lag from “early start” dates; and computing total float as “finish float = late finish – early finish”;
v. Calendar to be set for scheduling relationship lag as “Predecessor Activity Calendar.”
2. Activity progress shall be shown using Remaining Duration. Date format shall be DDMMYY.
3. Default activity type shall be set to “Independent Task.”
4. Date/time activity constraint(s), other than those required by the Contract, will not be allowed unless accepted by Engineer. Contractor shall identify proposed constraints and explain the constraint purpose in the Narrative Report.
5. Lags shall not be used in the creation of an activity that will perform the same function, e.g., concrete cure time. Lag durations contained in the Project Schedule shall not have a negative value. Contractor shall identify any lag proposed and explain the purpose of the lag in the Narrative Report.
6. Actual Start and Finish dates shall not be automatically updated by default mechanism that may be included in the CPM scheduling software system. Actual Start and Actual Finish dates on the CPM schedule shall be updated by actual Work progression.
1.18 Activity Codes.
a. The Primavera (P6) activity codes and WBS to be confirmed or revised by the Engineer are listed below. Confirmation or revision of the activity codes and WBS will be provided to the Contractor within 3 Working Days of the Effective Date of the Contract. Use of the Engineer prescribed activity codes and WBS is mandatory. b. “Project Codes” as defined by Primavera P6 is reserved for the Agency. Only “Activity Codes” at Project Level will be permitted for Contractor use.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
Activity Code
Code
Value Description
Phase 0005 Construction Phase
Construction Phase A
BC
D
E
Milestones
Administrative
Submittals
Construction Activities
Closeout Phase
Submittals SUB
R&A
F&D
Submittals
Review & Approve
Fabricate & Deliver
Other Codes to be prescribed by
Engineer or requested by
Contractor for Project specific
criteria.
1.19 Activity Relationships.
a. Relationships between activities shall be identified with the following information:
1. Predecessor and successor activity ID.
2. Relationship types:
i. FS - Finish to start
ii. SS - Start to start
iii. FF - Finish to finish
iv. SF - Start to finish – This relationship is not allowed, unless authorized by Engineer.
1.20 Project Calendars.
a. Project Calendars shall use Working Days and Calendar Days as the planning unit for the schedule. Use of Global Calendars is reserved for Agency. E ach calendar shall be set to start on Mondays with holidays in accordance with Agency policy. The following calendars shall be used for each activity except as otherwise accepted by Engineer:
1. 5-Day x 8 Hour Workweek (with holidays) shall be used for 5-day 40-hour workweek activities: Monday through Friday. All holidays and non-workdays shall be assigned to this calendar. This calendar shall be used for all normal work activities, submittals, and fabricate and delivery activities. This calendar shall b e the default calendar for the Project unless otherwise specified.
2. 5-Day x 10-Hour Workweek (with holidays) shall be used for 5-day 50-hour workweek activities: Monday through Friday. All holidays and non-workdays shall be assigned to this calendar.
3. 6-Day x 10-Hour Workweek (with holidays) shall be used for 6-day 60-hour workweek activities. Monday through Saturday. All holiday and non -workdays shall be assigned to this calendar.
4. 7-Day Calendar (no holidays) shall be used for 7 -day workweek activities. No n on- workdays shall be entered into this calendar.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
5. Additional Calendars may be assigned depending on need. However, Contractor shall consult with the Engineer before other calendars are entered and/or used in the Project schedule.
b. The workday to calendar day correlation shall be based on a single shift and 5 -day workweek with adequate allowance for holidays, adverse weather, and all other special requirements of the Work. Contractor may, at his option, propose alternate baseline calendars to allow a second sh ift and/or a single shift on Saturdays subject to the concurrence and acceptance of Agency. Under no circumstances will a schedule be accepted which allows regularly scheduled Work on Sundays.
1.21 Float.
a. Contractor shall not use float suppression techniq ues, including preferential sequencing (arranging Critical Path through activities more susceptible to Agency caused delay); lag logic restraints; zero total or free float constraints; extended activity times; or imposing constraint dates other than as req uired by the Contract. Float suppression will be cause for rejection of the preliminary Progress Schedule or full Progress Schedule and its updates.
1.22 Mandatory Milestones.
a. The Contract duration shall be equal to the time period between the Notice to P roceed and the completion milestone. The following milestones are mandatory.
1. Project Award Milestone
2. Notice to Proceed Milestone
3. Substantial Completion is [Insert number and type (i.e., Working or Calendar) ] days from Notice to Proceed
4. Completion is [Insert number and type i.e., Working or Calendar] days from Notice to Proceed
b. The following additional milestones are to be considered and incorporated into the Progress Schedule in accordance with the Contract terms, if applicable.
1. Permit constraints
2. Facility shut down or outage milestone requirements
3. Applicable phasing milestones
4. Other milestones deemed appropriate by the Engineer.
PART 2 EXECUTION
2-1.1 Preconstruction Meeting.
After, or upon, notification of Contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the Project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible Project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Supplemental General Provisions Section 6 -7. No sep arate payment will be made for the Contractor’s
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
attendance at the meeting. The Notice to Proceed will only be issued on or after the completion of the Preconstruction Meeting.
2-1.2 Preparation and Review of the Baseline Construction Schedule.
The Contractor shall prepare the Baseline Construction Schedule as a CPM Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all Project Work as well as periods where Work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the Notice to Proceed and conclude with the date of final completion per the Contract duration. The Baseline Construction Schedule shall include detail of all Project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage.
2-1.2.1 Time-Scaled Network Diagram.
As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time -scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule.
2-1.2.2 Tabular Listing.
As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described.
2-1.2.3 Bar Chart.
As a part of the Baseline Construction Schedule the Contractor shal l prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the Critical Path.
2-1.2.4 Schedule Activities.
Except for submittal activities, activity durations shall not be shorter than 1 Working Day nor longer than 15 Working Days, unless specifically and individually allowed by the Engineer. The Baseline Constr uction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, Project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for Project execution, to accurately describe the Project Work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work p lanned for the activity and each activity shall have recognizable beginning and end points.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
2-1.2.5 Float.
Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it.
2-1.2.6 Restraints to Activities.
Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate t he review and correction of submittals shall be included in the schedule.
2-1.2.7 Late Completion.
A Baseline Construction Schedule showing a Project duration longer than the specified Contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Agency Supplemental General Provisions Section 6-4.
2-1.2.8 Early Completion.
The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the Project for the entire contractual tim e span of the Project. Should the Contractor propose a Project duration shorter than Contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Agency Supplemental General Provisions Section 6-1. The Engineer may choose to accept the Contractor’s proposal of a Project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the Project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration Project will be confirmed through the execution of a Contract Change Order revising the Project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration.
2-1.2.9 Engineer’s Review.
The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to P roceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Fa ilure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within 30 Working Days after the date of the Preconstruction Me eting shall be grounds for termination of the Contract per Agency Supplemental General Provisions Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 Working Days.
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 Working Days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 2-1.2.10.1 through 2-1.2.10.3.
2-1.2.9.1 “Accepted”.
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 2-1.8.1.
2-1.2.9.2 “Accepted with Comments”.
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 2-1.8.1.
2-1.2.9.3 “Not Accepted”.
The Contractor must resubmit the schedule incorporating the corrections a nd changes of the comments prior to receipt of payment per Section 2 -1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the Contract under the provisions of Supplemental General Provisions Section 2-7 TERMINATION OF THE CONTRACT FOR DEFAULT if the changes of the comments are not s ubmitted as required and marked “Accepted” by the Engineer.
2-1.3 Preparation of Schedule Updates and Revisions.
The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth Working Day of the following month.
The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6 -1.3.3 Electronic Media per the submittal requirements of Section 1.05 (Electronic Progress Schedule Format and Reporting) and will include each item and element of Sections 2 -
1.2 through 2-1.2.9 and 2-1.3.1 through 2-1.3.7.
2-1.3.1 Actual Activity Dates.
The ac tual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update.
2-1.3.2 Activity Percent Complete.
For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity.
2-1.3.3 Electronic Media.
The schedule data disk shall be a digital file, labeled wi th the Project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
shall be readable by the software specified in Section 6 -1.2.4 “Schedule Software” and shall be free of file locking, encryp tion or any other protocol that would impede full access of all data stored on it.
2-1.3.4 List of Changes.
A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change.
2-1.3.5 Change Orders.
Each monthly update will include the addition of the network revisions reflecting the Change Orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s Change Orders.
2-1.3.6 Bar Chart.
Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the Critical Path.
2-1.4 Engineer’s Review of Updated Construction Schedule.
The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 Working Days of submittal. The Updated Construction Sched ule will be returned marked as per Sections 6 -1.4.1 through 6 -1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 Working Days.
Failure of the Contractor to submit a monthly Updated Construction Schedule will invoke the same consequences as the Engineer returning a monthly Updated Construction Schedule marked “Not Accepted.”
2-1.4.1 “Accepted”.
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 2-1.8.1.
2-1.4.2 “Accepted with Comments”.
The Contractor may proceed with the Project Work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 2-1.8.1.
2-1.4.3 “Not Accepted”.
The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the Contract under the provisions of Agency Supplemental General Provisions Section 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT if the changes of the comments are not
01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required , the Contractor may elect to proceed with the Project at its own risk. Should the Contractor elect not to proceed with the Project, any resulting delay, impact, or disruption to the Project will be the Contractor’s responsibility.
2-1.5 Late Completion or Milestone Dates.
Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted Contract or milestone duration, the Agency may withhold liquidated damages for the number of Calendar Days late. Should a subsequent “Accepted” Schedule Update remove all or a portion o f the delay, all or the allocated portion of the previously held liquidated damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule.
2-1.6 Interim Revisions.
Should the actual or projected progress of the Work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 1.05 (Electronic Progress Schedule Format and Reporting) and per the schedule review and acceptance requirements of Agency Supplemental Genera l Provisions Section 6 -1, including but not limited to the acceptance and payment provisions. As used in this section “substantially different” means a time variance greater than 5 percent of the number of Calendar Days of duration for the Project.
2-1.7 Final Schedule Update.
The Contractor shall prepare and submit a Final Schedule Update when 100% of the Construction Work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The Final Schedule Update shall be prepared and reviewed per Sections 6-
1.3. Preparation of Schedule Updates and Revisions and 6 -1.4 Engineer’s Review of Updated Construction Schedule. Acceptance of the Final Schedule Update is required for completion of the Project and release of any and all funds retained per Section 9-3.2.
2-1.8 Measurement and Payment of Construction Schedule.
The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the Work and no separate payment will be made for them.
END OF SECTION
01 41 26 PERMIT REQUIREMENTS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
01 41 26 PERMIT REQUIREMENTS
PART 1 GENERAL
1.01 Work Covered by Contract Documents.
a. The Contractor is responsible to obtain all local, state and federal permits and licenses required to perform the Work. Payment for obtaining and complying with permits and licenses including, but not limited to, general construction permits, building permits, grading permits, encroachment permits, haul route permits, excavation permits, drilling permits, water discha rge permits, temporary easements, licenses, inspection fees, and Federal, State and local taxes shall be borne by the Contractor and shall be included in prices Bid for Work for which such costs are appurtenant. b. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, permits required for sewage bypass pumping or discharge; Night Work; overload; blasting or demolition or for any permit related to the operation of equipment used in such Work.
c. The Contractor shall obtain and pay for all permits for the disposal of all waste or surplus materials removed from the Project. The cost of the permit(s) shall be included in the price for the Bid items requiring the permits and no additional comp ensation will be allowed for them.
d. The Contractor shall provide a copy of the permit or license to the Agency prior to performing the Work requiring the permit or license.
e. Contractor shall pay for all fees applicable to Contractor’s operations. f. Contractor shall not begin Work until all permits applicable to the Work are obtained.
Permits shall be maintained in valid status until acceptance of the Work by the Agency. g. The Contractor shall pay all business taxes or license fees that are required for the Work.
1. To the extent that there is a change in the type or cost of any permits, fees, licenses, or inspections after Contract award, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions.
2. The Contractor shall comply with and give notices required by Applicable Laws. The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits.
3. The Contractor shall pay the Agency for regulatory fees, fines, or p enalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents.
h. The Contractor shall obtain, pay for, and comply with required permits, licenses, work permits, and authorizations from appropriate agencies, including the following:
1. Licenses
i. Before submitting Bids, C ontractors shall be licensed in accordance with provisions of Chapter 9, Division 3, of the Business and Professions Code. ii. City of Carlsbad Business License.
2. State and Federal permits
i. Excavation and Dirt Moving Permit from Cal/OSHA
ii. Safety permit from California Division of Industrial Safety
01 41 26 PERMIT REQUIREMENTS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
iii. NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (LUP Type 2)
iv. NPDES Permit for discharge of hydrostatic test water and potable water
3. Resource Agency Permits:
i. California Coastal Commission
ii. California Department of Fish and Game
iii. California Water Quality Control Board
iv. United States Army Corps of Engineers
v. United States Fish and Wildlife Service
4. Other permits
i. City Haul Route Permit
ii. Traffic Control Plan Permit
iii. Grading Permit
iv. Right of Way Permit
v. Oversize Load Permit
vi. Blasting Permit
vii. Written authorization from private property owners for property utilized for staging
i. The Agency will obtain for the Contractor if needed, the following:
1. CEQA Notice of Exemption
2. NEPA documents
1.02 HAUL ROUTE PERMIT
a. The Contractor shall prepare a Project specific haul route plan detailing the streets intended for use in delivery of materials and import and export of soil. Contractor will be limited to the routes approved by the City of Carlsbad according to the approved haul route plan contained in the permit.
1.03 Traffic Control Plans.
a. The Contractor shall prepare Project specific traffic control plans, and haul route plan and use such plans to obtain a traffic control permit from the City of Carlsbad Development Services Department.
1.05 Stormwater Pollution Prevention Plan (SWPPP)/General Permit.
PROJECTS LESS THAN ONE ACRE (TIER 1 and TIER 2 or Maintenance ONLY Projects that may be over an acre)
A. Water Pollution Prevention. The Contractor shall plan for and implement temporary construction BMPs to mitigate the water quality impacts of land disturbance and non - storm water discharge s related to construction activities in accordance the Agency’s current Municipal Stormwater Permit and Carlsbad Municipal Code Chapter 15.12. BMPs are the schedules of activities, prohibitions of practices, maintenance procedures and other management prac tices employed during construction activities to prevent or reduce pollution of bodies of water protected by the federal Clean Water Act (33 U.S.C. § 1251 et seq. ) and the state Porter -Cologne Water Quality Control Act (Water Code , § 13000 et seq.), which include oceans, lagoons, lakes, streams and other sensitive water
01 41 26 PERMIT REQUIREMENTS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
bodies and water courses. Construction BMPs also include physical devices and structural construction control measures designed to prevent soil erosion from occurring on the Work Site, or that are designed to prevent sediment from leaving the Work Site, both of which are referred to hereafter as “Water Pollution .” BMPs are also intended to protect the health, safety and welfare of the public and to prevent damage to adjoining public and private property resulting from construction activities.
B. Pollution prevention practices and the minimum BMPs are required during all 12 months of the year. BMPs and other erosion control practices must be implemented as the most important “first line of defense .” The Agency has adopted the CASQA ‘Stormwater Best Management Practices Handbook: Construction ,’ latest edition, as its preferred source for adopting constructio n BMPs. All BMPs must correspond to the BMP Fact Sheets included in the CASQA Construction Handbook. With the approval of the Engineer, or designee, the Agency may accept comparable BMPs from reputable alternative sources.
As used in this section, “Enginee r” shall have the same meaning as “Construction Manager.”
C. The Contractor shall utilize the Agency’s Tier 1 or Tier 2 SWPPP templates and include all applicable elements provided in the template. The SWPPP templates are available on the Agency’s website at [PROJECT ENGINEER insert website address here]. Tier 1 and Tier 2 SWPPP templates include standard storm water prevention construction notes, a Project information block, a Storm Water Compliance Statement, Agency approval block and a BMP Checklist Table. The BMP Checklist Table is intended to help the Contractor select appropriate BMPs best suited to the Project and the Work. Additionally, the SWPPP shall include a Site plan showing the proposed Project Site and depicting the areas of proposed construction and proposed locations of construction BMPs. The Tier 1 and Tier 2 SWPPP plans shall be submitted as additional sheets to the construction plan set.
D. The Engineer may require Contractor to adopt additional BMPs if the Engineer determines the selected BMP(s ) are ineffective or incapable of preventing Water Pollution from escaping the Work site. Tier 1 and Tier 2 SWPPPs must be combined with proper and timely installation of the BMPs, thorough and frequent inspections, maintenance, and documentation. The Cont ractor shall ensure that the selected BMPs are appropriately incorporated into the Site design and, if required by the Engineer, must employ a qualified professional to ensure proper installation and maintenance of the BMPs.
E. The Engineer may suspend the Wo rk, consistent with Supplemental General Provisions Section 6 -6, at the Contractor’s cost, that create Water Pollution or otherwise violate water quality standards required by the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and the state Porter-Cologne Water Quality Control Act (Water Code , § 13000 et seq.) if the Engineer determines that the Contractor has failed to satisfy all requirements of this section. If the Contractor violates any provisions of this subsection, or if Water Pollution occurs in the Work Site for any reason, the Contractor shall immediately notify the Engineer.
F. The Contractor shall immediately notify the Agency if there is a non-stormwater discharge to the storm drain conveyance system resulting from the Work or Project-related activities. In addition, the Contractor shall, within 24 hours, submit a written report to the Engineer describing the incident and corrective actions taken. If for any reason the
01 41 26 PERMIT REQUIREMENTS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
Engineer detects Water Pollution, before notification by the Contractor, this written report shall also include an explanation of why the Contractor had not timely notified the Engineer.
G. Implementation Costs. Preparation, implementation and management of Water Pollution prevention activities are incidental to the items of Work and Agency shall not make additional payment to Contractor for these costs.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: September 26, 2023 Document Version: 1.0 Current Update: May 2023
01 50 00 TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.01 Field Office.
Field office not required.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
Approve Traffic Calming Plans for Victoria
Ave, Highland Dr, Nueva Castilla Way,
Circulo Sequoia and Celinda Dr
John Kim, City Traffic Engineer
Oct. 17, 2023
RECOMMENDED ACTIONS
• Adopt resolution approving the plans,
specifications and contract documents and
authorizing the City Clerk to advertise for bids for
Implementing the traffic calming plans for Victoria
Avenue, Highland Drive, Nueva Castilla Way,
Circulo Sequoia and Celinda Drive.
ITEM 3: TRAFFIC CALMING PLANS
TRAFFIC MANAGEMENT PROGRAM
• Adopted in 2001, revised in 2011
• Establishes process to implement traffic
calming on residential streets
ITEM 3: TRAFFIC CALMING PLANS
PROJECT LOCATIONS
• Victoria Avenue
• Highland Drive
• Nueva Castilla Way
• Circulo Sequoia
• Celinda Drive
Victoria Ave
Nueva
Castilla Way
Circulo Sequoia
Celinda Dr
Highland Dr
ITEM 3: TRAFFIC CALMING PLANS
QUALIFICATION FOR TRAFFIC CALMING
STREET STREET LIMITS CRITICAL SPEED
Victoria Avenue Pontiac Drive to Carlsbad Village Drive 32 MPH Highland Drive Carlsbad Village Drive to Buena Vista Way 32 MPH Nueva Castilla Way La Costa Avenue to Levante Street 38 MPH Circulo Sequoia Avenida Diestro to Avenida Amapola
(northern segment) 33 MPH (max)
Celinda Drive Carlsbad Village Drive to Chestnut Avenue 33 MPH ITEM 3: TRAFFIC CALMING PLANS
NEIGHBORHOOD MEETINGS
• Overview of the traffic calming program
• Discuss traffic calming strategies
• Receive feedback from residents on
concept plans
• Select preferred plan
ITEM 3: TRAFFIC CALMING PLANS
MEETING RESULTS
STREET STREET
LIMITS Meeting Date Preferred Traffic Calming
Improvements
Victoria Ave Pontiac Dr to Carlsbad Village Dr Nov. 1, 2022 4 speed cushions Highland Dr Carlsbad Village Dr to Buena Vista Way Nov. 10, 2022 3 speed cushions Nueva Castilla Way La Costa Ave to Levante St Dec. 1, 2022 3 speed cushions Circulo Sequoia Camino Junipero to Chestnut Ave
(northern segment) Dec. 8, 2022 11 speed cushions
Celinda Dr Carlsbad Village Dr to Chestnut Ave
Dec. 14, 2022 10 speed cushions
Feb. 28, 2023
(Virtual Meeting) 5 speed cushions
ITEM 3: TRAFFIC CALMING PLANS
COMMUNITY SUPPORT
• Mail survey to gauge support
• CRTMP requires a return rate of 50%
• A support rate of 67% among all returned
surveys
ITEM 3: TRAFFIC CALMING PLANS
MAIL SURVEY RESULTS
STREET
Total No. of
Surveys
Mailed Out
Total No. of
Surveys
Returned
Response
Rate
Total No. of
Support
Support
Rate
Met
Support
Criteria?
Victoria Ave 31 23 74% 18 78% YES
Highland Dr 38 22 59% 21 95% YES
Nueva Castilla Way 29 19 66% 18 95% YES
Circulo Sequoia 91 61 67% 46 75% YES
Celinda Dr 165 96 58% 64 67% YES
ITEM 3: TRAFFIC CALMING PLANS
Next steps
Advertise for bids to construct project
City Council to award contract
Construction
ITEM 3: TRAFFIC CALMING PLANS
RECOMMENDED ACTIONS
• Adopt resolution approving the plans,
specifications and contract documents and
authorizing the City Clerk to advertise for bids for
Implementing the traffic calming plans for Victoria
Avenue, Highland Drive, Nueva Castilla Way,
Circulo Sequoia and Celinda Drive.
ITEM 3: TRAFFIC CALMING PLANS
Questions
VICTORIA AVE
LEGEND
EXISTING
ALL-WAY STOP
PROPOSED
SPEED CUSHION
(140’)
(195’)
(260’)
ITEM 3: TRAFFIC CALMING PLANS
HIGHLAND DR
Carlsbad Village Dr
LEGEND
EXISTING
TRAFFIC SIGNAL
Newland Ct
Highland Dr
PROPOSED
SPEED CUSHION
(230’) (300’) (300’) (270’)
ITEM 3: TRAFFIC CALMING PLANS
NUEVA CASTILLA WAY
LEGEND
EXISTING
ALL-WAY STOP
PROPOSED
SPEED CUSHION
ITEM 3: TRAFFIC CALMING PLANS
CIRCULO SEQUOIA
LEGEND
PROPOSED
SPEED CUSHION
Avenida
Diestro
ITEM 3: TRAFFIC CALMING PLANS
LEGEND
PROPOSED SPEED CUSHION
CELINDA DR – 5 SPEED CUSHIONS
ITEM 3: TRAFFIC CALMING PLANS
CELINDA DR – 10 SPEED CUSHIONS
LEGEND
PROPOSED SPEED CUSHION
ITEM 3: TRAFFIC CALMING PLANS