Milpitas City Council
November 5, 2024

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entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event.

8. No Damages for Reasonable Delay.
a. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.
b. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article.

10. Contractors submission of daily construction reports and schedule updates in accordance with these Contract Documents is required for the evaluation of the merits of time extension request. Failure of the Contractor to submit daily construction reports and schedule updates shall constitute a waiver of its right to seek a time extension or additional compensation.

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ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT
A. Final Inspection . Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. C ontractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as- builts), and other documents required by the Contract Documents, the City shall execute and file with the County in which the Project is located a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

C. Final Payment.

1. Application for Payment . Upon execution of the Notice of Completion, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied (except as previously delivered) by: all documentation called for in the Contract Documents, including but not limited to a fully completed Conditional Waiver and Release on Final Payment

2. City’s Review of Application and Acceptance. If, on the basis of the City’s observation of the Work during construction and final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the City is satisfied that the Work has b een completed and Contractor has satisfied all other requirements for final payment, the City will process the final payment appllication. Otherwise, the City will return the payment application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application for payment.

3. Payment Becomes Due. Within sixty (60) Days after the presentation to the City of the proper and complete final application for payment and accompanying documentation, the amount recommended by the Engineer, less any sum the City is entitled to set off pursuant to the Contract Documents, will become due and will be paid by the City to Contractor.

D. Waiver of Claims. The making and acceptance of final payment will constitute a waiver of all Claims by Contractor against the City other than those previously made in accordance with the requirements herein and expressly acknowledged by the City in writing as still unsettled.

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ARTICLE 44 OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract.This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 45 INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against:

A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all conseq uential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized vol unteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor.

D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its of ficials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the

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City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 42, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 42 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or dama ges arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all pro cedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 42, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all r equirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C. Supporting Documentation. The Contractor shall submit all claims in the following format:

1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

2. List of documents relating to claim:

Specifications

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Drawings
Clarifications (Requests for Information)
Schedules
Other

3. Chronology of events and correspondence

4. Analysis of claim merit

5. Analysis of claim cost

6. Time Impact Analysis in CPM format
D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement.

1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45 -Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conferenc e within 30 Days for settlement of the dispute.

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F. Mediation. Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Governmen t Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator,

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shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a m ore favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause by the City:

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and

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a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of s aid notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor.

3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor.

The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article.

B. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination.

3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.

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b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to
substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, whic h costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with p articularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”

4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.

5. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contr act Documents, the following amounts:
a. All actual reimbursable costs incurred according to the provisions of this Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.

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c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.

C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 48 WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly r epair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected.

Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above -mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereun der immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee do cuments prior to final Acceptance of the Project by the City as required.

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D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable t o any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City -owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work.

2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City.

3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

I. City May Correct Defective Work.

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1. If Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price.

4. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.

5. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work.

J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

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ARTICLE 49 DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

ARTICLE 50 SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of su ch other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or wh ether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

ARTICLE 51 NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever

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is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third -party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification.

ARTICLE 53 STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registr ar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 54 INTEGRATION
A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor.

ARTICLE 55 ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void.

Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents i n favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all ri ghts, title, and interest in and to all

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causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, s ervices, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 58 PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, cons truction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 59 CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

ARTICLE 60 JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Santa Clara County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

ARTICLE 61 LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.

ARTICLE 62 PATENTS
Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, arti cle or appliance manufactured, furnished or used by Contractor in the performance of this contract.

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ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all d ocuments shall be returned to the City on request at completion of the Work.

ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

ARTICLE 65 SURVIVAL OF OBLIGATIONS
All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, an d acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

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00 73 13 – SPECIAL CONDITIONS

1.1 Engineer of Record.

A For purposes of this Project, the Engineer of Record or Engineer shall be: Michael Silveira, PE, City Engineer.

1.2 Location of the Project.

A The Project is located Milpitas Fire Station No. 1 (777 S Main St, Milpitas, CA 95035).

B The general location of the Project is shown on the approved plans of Fire Station No. 1 Fire Service Upgrade.

1.3 Status of the Project Area and Rights-of-Way.

A City, at its expense, will provide all rights -of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Southern Pacific Railroad Company, before Contractor enters upon any property or right -of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.

B City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work.

C If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.

D Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City.

E Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City.

1.4 Site Data.

A The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents.

1.5 Pre-Purchased or Pre-Negotiated Material. (NOT USED)

1.6 Designation of City’s Representative.

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A Unless otherwise modified by City, City’s Representative shall be Michael Silveira, PE, City Engineer, 408-586-3303.

1.7 Project Retention
In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project.

1.8 Liquidated Damages Due to Contractor Delay.

A Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to $500.00 per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified.

B Liquidated damages may be deducted from progress payments due to Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor.

1.9 Utility Outages – Notices to Residents.

A Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage.

Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage.

B Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.

1.10 Schedule Constraints. (NOT USED)

1.11 Safety Programs.

A In addition to all other safety requirements of the Contract Documents, Contractor must comply with Cal/OSHA requirements at all times during the completion of the Work.

B City has considered these Safety Programs when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Programs.

1.12 Coordination with Other Contractors. (NOT USED)

END OF SPECIAL CONDITIONS

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01 00 00 – GENERAL REQUIREMENTS
PART 1 GENERAL

1.1 DESCRIPTION
A. The project scope includes, but not limited to, demolition, trenching, backflow preventer upgrade, installation of approximately 200’ of fire service laterl and post indicator valves (PIVs), replacement of existing fire hydrant, and pavement restoration.

PART 2 (NOT USED)
PART 3 EXECUTION

3.1 LAYOUT OF WORK AND QUANTITY SURVEYS
A. General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work.

Primary control consists of benchmarks and horizontal control points in the vicinity of the Work.A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary contr ol, and shall advise the City Representative of any discrepancies.

B. Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place.The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades.If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations.

All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative.

C. Surveying

1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:
(a) Right-of-way and alignment of tangents and curves shall be within

0.1 foot.

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(b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
(c) Cross-section points shall be located within 0.1 foot, horizontally and vertically.
(d) Aerial Mapping shall meet National Mapping Standards for 2- foot contour intervals.

D. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work.

3.2 SCHEDULE
A. Estimated Schedule. Within 21 Days after the issuance of the Notice of Award, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contr act time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.

B. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities.

The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The overall Project Schedule duration shall be within the Contract time.

C. Weather Allowance. The schedule shall allow adequate time for inclement weather.

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D. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

3.3 TEMPORARY FIELD OFFICE
A. Utility Services. Contractor, at its expense, shall arrange for, develop and maintain all utilities, including but not limited to water, electric power, sewage disposal and telephone communications, at the Site to meet the requirements of the Work.

B. Sanitation. The Contractor shall provide sanitary facilities for all persons working on the project. These facilities shall be kept clean and shall not be unsightly or produce odors.

3.4 PROTECTION OF WORK AND PROPERTY
A. All traffic detector loops, fences, walls, culverts, monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition at no additional cost to City.

Contractor shall be responsible for the cost to repair, replace, relocate, and replacement of utilities whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged.

B. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Project site over a route designated by the Engineer.

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4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.

5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Project site in a clean, safe condition.

10. Comply with any approved stage construction and traffic control plans.

Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City.

11. Cover and or protect work and project site as may be required to prevent or mitigate schedule delay and to allow work to proceed during wet weather or wet conditions.

D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore.

E. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

The City shall be entitled to inspect and copy any such documentation, video, or photographs.

3.5 SITE CONDITIONS SURVEYS
A. Work Included.

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Contractor shall conduct thorough pre -construction and post -construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.

B. Submittals.

1. Written documentation of site condition survey at pre -construction and post-construction.

2. Photographs as described herein of pre-construction and post-construction conditions.

3. Video recordings as described herein of pre-construction and post - construction conditions.

4. Submittals shall be made within three days of the surveys. All post - construction data shall be submitted prior to the final project inspection.

C. Site Condition Written Documentation.

Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas.

D. Photographs & Video Recording.

1. General – Prior to starting Work, Contractor shall provide a video recording of the project site. Contract shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction video and photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to actual start of work. The pre -construction photographs may be staged at different times to match the prog ression of the Work.

2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right -of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way.

3. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and

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other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed.

4. One set of color prints and the preconstruction site video shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega-pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.

E. Video Recording.

1. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs.

Video recorders shall accurately and continuously record the time and date.

2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted.

3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.

4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures.

5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected.

6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format.

F. Timing.

Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor sha ll provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing.

G. Site Surveyor.

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The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used.

H. Field Quality Control.

Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled.

I. Soils Compaction Testing.

1. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete.

2. For pipeline construction, soil compaction testing will be done at 100 -foot intervals or as ordered by the project soils/geotechnical report at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; ever y two vertical feet of trench backfill or as otherwise ordered by the project soils/geotechnical report; at the top of the trench backfill, which sould be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.

3.6 REQUEST FOR INFORMATION
A. Should the Contractor have questions or doubt as to the true meaning of any part of the plans and specifications during the fulfillment of the contract, the Contractor shall make a written request for information (RFI) to the Engineer for clarification or interpretation of the point or points in question. The Engineer, after receipt of such request, shall give to the Contractor a written clarification of the point or points in questions, which shall be final and binding and become a part of the contract.

The Contractor will be required to certify with signature using the city form that RFI's submitted are not frivolous, and if answers to such RFI's are easily found within the Contract Documents, the RFI may be considered by the Engineer as a frivolous RFI, and no response from the Engineer will be required.

3.7 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS A. General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents.The Contractor shall submit Project Record Drawings, Technical Manual, Spare Parts, and other required items within 5 days following completion of project construction, and prior to Contractors request for Project Acceptance.

B. Technical Manuals.

1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be

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written so that it can be used and understood by City’s operation and maintenance staff.

2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." The Contractor shall furnish to City four (4) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.

C. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment.

The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.

D. Record Drawings

1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings.

Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed.

These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.

2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations.

3. Record drawings shall be accessible to City’s Representative at all times during the construction period. The record drawings shall be kept up to date and will be checked by the City prior to each progress payment. Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.

4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and

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liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work.

3.8 MATERIALS
A. Materials to be Furnished by the Contractor

1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.

2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured.

3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents.

Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, including any travel required by Contractor’s force s, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work.

3.9 LOCAL CONDITIONS AND REQUIREMENTS
A. Access to Work and Haul Routes

1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. Contractors anticipated Haul Routes shall be in compliance with the City's approved Truck Routes available from the Engineer.

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2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site.

3. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City’s Representative.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

B. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.

C. Construction Water.

1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.

2. Construction recycled water will be made available to the contractor from one of three fill locations within the city limits. If there is a need for construction recycled water during construction, the contractor shall apply for a city construction recycled water meter at the city hall finance counter prior to the beginning of work. A security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. if the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

3. Construction potable water will only be made available to the contractor if it can be demonstrated that recycled water cannot be used for the construction activities. potable water will be made available from existing city fire hydrant(s) nearest the prop osed construction site as approved by the engineer, or by such other means as may be expressly approved in writing by the engineer. If there is a need for water during construction, the contractor shall apply for a city construction water meter at the cit y hall finance counter prior to the beginning of work. a security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. If the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

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4. All required water, all work and materials required for obtaining, pumping, transporting and applying and otherwise disposing of said water shall be in an approved manner and shall be performed by, and at the expense of the contractor and no extra or separate compensation will be made thereof.

D. Operation of Existing Water Facilities

1. The Contractor shall not operate any of the existing water systems, including pumps, motors, valves, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operatin g, opening, stopping, or closure by the City.

2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service.

3. Contractor shall submit a request on City’s standard form for any shut-down of existing water facilities.

E. Construction at Existing Utilities

1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner.

The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work , and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

F. Traffic Control

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1. General. Contractor shall abide by traffic control plans approved by the City.

2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

G. Cleaning Up

1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment, including all USA markings. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require havin g a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water.

2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

3.10 ENVIRONMENTAL QUALITY PROTECTION
A. Environmental Conditions

1. Contractor must comply with all applicable environmental laws, Project conditions, and constraints, including, but not limited to:

2. City has considered these Environmental Conditions when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Conditions.

B. Landscape and Vegetation Preservation

1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent

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unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

2. Damage and Restoration. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours.

3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

C. Protected Species

1. General. If, in the performance of the Work, evidence of the possible occurrence of any State or Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.

3. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

D. Preservation of Historical and Archeological Resources

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1. General. If, in the performance of the Work, Contractor should unearth cultural resources ( for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, gradi ng, watering or other means, the Contractor notify the
Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Writt en confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.

3. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

E. Dust and Pollution Control

1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. Contractor shall remove construction caused debris from streets and sidewalks as directed by the Engineer.

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2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

F. Management of Storm, Surface and Other Waters

1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project.

Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements o f California State Water Resources Control Board Order Number 2009 -0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act.

Contractor acknowledges that it has investigated the risk arising from such waters in co njunction with the Project, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

2. The Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to the San Francisco Bay Regional Water Quality Control Board Order No. R2 -2015- 0049 (NPDES Permit No. CAS 612008), and State Wat er Resources Control Board Order No. 2010 -0014-DWQ, Order No. 2009 -0009-DWQ, and Order No. 2012 -0006-DWQ, and any amendment or renewal thereof (“Construction General Permit”). Contractor must perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.

3. Compliance with Construction General Permit. Contractor must comply with all aspects of the Construction General Permit, State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, as amended by Order Nos. 2010-0014-DWQ and 2012-0006-DWQ, and any amendment or renewal thereof (NPDES CAS000002), for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common plan of development or sale.

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(a) Permit registration. Unless otherwise specified in the Special Conditions, Contractor must prepare the Notice of Intet for coverage under the Construction General Permit and all Permit Registration Documents (PRDs), including but not limited to the Storm W ater Pollution Prevention Plan (SWPPP), as those terms are defined in the Construction General Permit. Contractor must coordinate submittal of all PRDs with th eCity’s Legally Responsible Person and/or Authorized Signatory, as those terms are defined in th e Construction General Permit. The Contractor must submit the PRDs, including the SWPPP to the City Representative for review not less than fifteen (15) Days prior to the start of on- site construction work.
(b) Before any Construction General Permit related documents may be submitted to the State Board or implemented on the Project site, they must first be reviewed and accepted by City. Acceptance by the City does not relieve the Contractor from ensuring such documents comply with all lawsapplicable laws, regulations, and orders.
(c) Contractor must ensure that the SWPPP is developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit.

Contractor must implement the SWPPP and all other provisions of the Construction General Permit, including the monitoring and reporting requirements, preparing and submitting all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. The SWPPP must include industry standard requirements for water quality control including but not be limited to the following:
(1) Sediment and erosion control measures to manage
sediment and erosion including vegetative practices,
structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate.Storm water
management measures shall be instituted as required,
including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment.
(2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials.

Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete
batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements listed in State Board Water Quality Order No. 2009 -0009-

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DWQ, Section III.C., including proper notification to the Regional Water Board.
(3) Pollution prevention measures including methods of
dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters.
(4) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved meth ods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Eliminatio n System (NPDES) permit.
(5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices.
(6) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to:
refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution.
(7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse.
(8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to
protect all exposed portions of the site 48 hours prior to any likely precipitation event.
(9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements,

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including but not limited to annual reports and rain event reports.
(d) City retains the right to procure and maintain coverage under the Construction General Permit for the Project site if the Contractor fails to draft a SWPPP or other Construction General Permit related document, or fails to proceed in a manner that is satisfactory to City.

City reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance.

Whether Contractor has adequately maintained compliance with the Construction General Permit shall be City’s sole determination.

In the event that Contractor has failed or is unable to maintain compliance with the Construction General Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise
maintaining compliance with the Construction General Permit shall be paid by the Contractor.

4. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing const ruction industry best management practices to eliminate or reduce the discharge of pollutants from construction sites, such as the best management practices set forth in the CASQA Construction BMP Handbook.

5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site.

6. Contractor violations.
(a) Failure to implement the SWPPP or otherwise comply with the Construction General Permit or local state and federal laws is a violation of this Contract. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify, defend – with counsel acceptable to the City – and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its official s, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(b) City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy.

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Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant enforcement entity.
(c) City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the the laws, regulations and policies described in this Article, or any other relevant water quality law, regulation, order, or policy.
(d) If noncompliance with any relevant law, regulation or permit, order, or policy occurs, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim fo r damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense.

7. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. (b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboar d to contain the 25-year rainstorm.
(c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil.
(d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorel ines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days pr ior to delivery or storage of oil at the site. The Plan must have been

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reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112

8. Underground tank prohibition. The Contractor shall not use underground storage tanks.

9. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”

10. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits.
(b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections.
(c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract.

11. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph.

END OF GENERAL REQUIREMENTS

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TECHNICAL PROVISIONS

TECHNICAL PROVISIONS

Fire Station 1 Site Improvements
No. 3465 & 7100 -1- TOC

TABLE OF CONTENTS

TECHNICAL SPECIFICATIONS
DIVISION 1 – GENERAL REQUIREMENTS
01 11 00 SUMMARY OF WORK
01 20 00 MEASUREMENT AND PAYMENT
01 33 00 SUBMITTAL PROCEDURES
01 74 23 FINAL CLEANING
01 78 39 PROJECT RECORD DRAWINGS
DIVISION 2 – DEMOLITION
02 41 13 SELECTIVE SITE DEMOLITION
DIVISION 31 – EARTHWORK
31 11 00 CLEARING AND GRUBBING
31 23 19 DEWATERING
31 23 33 TRENCHING AND BACKFILLING
DIVISION 32 – EXTERIOR IMPROVEMENTS
32 12 16 ASPHALT PAVING
DIVISION 33 – UTILITIES
33 10 00 WATER UTILITIES
**END OF SECTION**

Fire Station 1 Site Improvements
No. 3465 & 7100 -1- 01 11 00

SECTION 01 11 00

SUMMARY OF WORK
PART 1 GENERAL

1.1 SUMMARY
A. The work to be performed consists of furnishing all labor, materials, equipment, and services for fire service upgrade for the new modular building that will be installed by others. The work includes, but not limited to, installation of new 4”, 6” and 8” fire service laterals, new backflow preventer, new post indicator valves (PIVs), Fire Department Connection (FDC), new gate valve, replacement of fire hydrant and pavement restoration.

1.2 LOCATION
A. The project is located at the City of Milpitas’ Fire Station 1 (777 South Main Street, Milpitas)

1.3 CONTRACTOR SCOPE OF WORK:

A. The work to be performed under this contract comprises include, but not limited to, furnishing all labor, materials, and equipment to perform the following items:

1. Clearing and Grubbing;

2. Removal and Dispose of existing asbestos cement pipe (ACP);

3. Removal and disposal of existing utilities;

4. Installation of new 8” double check detector assembly;

5. Installation of new 4”, 6”, and 8” fire services lateral and all associated appurtenances;

6. Installation of two new post indicator valves (PIVs);

7. Installation of new gate valve and Fire Department Connection (FDC);

8. Replacement of existing fire hydrant;

9. Trenching, backfilling and asphalt restoration.

1.4 OWNER SCOPE OF SERVICES
A. All required services shall be included in the Contractor’s scope of services and directly reflected in the Contractor’s final bid.

1.5 WORK INCLUDED

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No. 3465 & 7100 -2- 01 11 00

A. The Contractor shall furnish all labor, superintendence, materials, power, light, heat, fuel, water, tools, appliances, equipment, supplies, services, and other means of construction necessary or proper for performing and completing the work.

B. Contractor shall perform and complete the work in the manner best calculated to promote rapid construction consistent with safety of life and property, to the satisfaction of the Owner’s Representative and in strict accordance with the Contract Documents.

C. The Contractor shall clean up the work site and maintain it during and after construction, until accepted, and shall do all the work and pay all costs incidental thereto.

D. The Contractor shall repair all structures , pavement, and property, in kind, that may be damaged or disturbed during performance of the work.

E. The Contractor shall provide and maintain such modern plant, tools, and equipment as may be necessary to perform in a satisfactory and acceptable manner all the work required by this Contract. Only equipment of established reputation and proven efficiency shall be used. The Contractor shall be solely responsible for the adequacy of his equipment.

1.6 COORDINATION WITH OPERATIONS OF EXISTING FACILITIES A. The Contractor shall coordinate all work with the City of Milpitas Fire Department, and Public Works Engineering and Operation team.

B. The water system is to remain in service through the project. Contractor shall coordinate with the City 72 hours in advance prior to any interruption to the existing water /fire system. The interruption shall not be more than 48 hours.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
** END OF SECTION **

Fire Station 1 Site Improvements
No. 3465 & 7100 -1- SECTION 01 20 00

SECTION 01 20 00

MEASUREMENT AND PAYMENTS
PART 1 GENERAL

1.1 SUMMARY
A. DESCRIPTION

1. This section describes requirements and procedures for determining amount of work done and for obtaining payment for work done.

B. REFERENCES

1. California Public Contract Code
C. SCOPE OF WORK

1. Work under Contract Documents, or under any bid item, allowance or alternate, or Change Order shall include all labor, materials, transport, handling, storage, supervision, administration, and all other incidental work necessary for the satisfactory completion of Work, whether or not expressly specified or shown.

D. DETERMINATION OF QUANTITIES

1. Quantity of work to be paid for under any item for which a unit price is fixed in Contract Documents shall be the number, as determined by City, of units of work satisfactorily completed in -place, and suitable for its intended purpose free of defects or poor workmanship in accordance with Contract Documents or as directed by City. Unless otherwise provided, determination of number of units of work so completed will be based, so far as practicable, on actual measurement or count within prescribed or ordered limits, and no payment will be made for work done outside of limits.

Measurements and computations will be made by methods as City may consider appropriate for class of work measured. Contractor shall immediately inform City of any disputes regarding quantity measurements and shall immediately supply City with any documentation supporting the disputed measurements.

2. Before ordering any materials or doing any work, the Contractor shall verify all measurements, dimensions, elevations and quantities. No extra charge or compensation over and above payment for the actual quantities of the various items of work at the respective bid prices therefore will be allowed on account of difference between actual measurements, dimensions, elevations and quantities, and those indicated on the drawings, or in the specifications, and any difference therein shall be submitted to the City for consideration before proceeding with the work.

E. SCOPE OF PAYMENT

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No. 3465 & 7100 -2- Measurement and payments

1. Payment to Contractor at the unit price or other price fixed in the contract for Work as described in Paragraph 2.1 below shall be full compensation for completing, in accordance with Contract Documents, all work required under the item or under Contract Documents, and for all expense incurred by Contractor for any purpose in connection with the performance and completion of said work, including all incidental work necessary for completion of the Work.

2. Unless Contract Documents expressly provide otherwise, the Contract Sum shall be deemed to include:
(a) Any and all costs arising from any unforeseen difficulties, which may be encountered during, and all risks of any description connected with, prosecution of Work, bid item or unit price item, respectively, until acceptance by City;
(b) All expenses incurred due to suspension, or discontinuance of Work, bid item or unit price item, respectively, as provided in Contract Documents;
(c) Inflation and/or Escalation to allow for cost increases between time of Contract Award and completion of Work, bid item or unit price item, respectively.

3. Whenever it is specified herein that Contractor is to do work or furnish materials of any class for which no price is fixed in Contract Documents, it shall be understood that Contractor is to do such work or furnish such materials without extra charge or allowance or direct payment of any sort, and that cost of doing work or furnishing materials is to be included in price bid, unless it is expressly specified herein, in particular cases, that work or material is to be paid for as extra work.

4. No payment shall be made for materials or equipment not yet incorporated into the Work.

5. Where Contractor requests payment for materials and equipment not incorporated in the Work, Contractor must satisfy the following conditions:
(a) The materials and/or equipment shall be delivered and suitably stored at the site or at another local location agreed to in writing, for example, a mutually acceptable warehouse;
(b) Full title to the materials and/or equipment shall vest in City at the time of delivery to the site, warehouse or other storage location; (c) Contractor shall obtain a negotiable warehouse receipt, endorsed over to City for materials and/or equipment stored in an off -site warehouse. No payment shall be made until such endorsed receipts are delivered to City.

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No. 3465 & 7100 -3- Measurement and payments

(d) Stockpiled materials and/or equipment shall be available for City inspection, but City shall have no obligation to inspect them and its inspection or failure to inspect shall not relieve Contractor of any obligations under the Contract Documents. Materials and/or equipment shall be segregated and labeled or tagged to specifically identify these specific Contract Documents;
(e) After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be removed and replaced with suitable materials and/or equipment at Contractor’s expense;
(f) At its expense, Contractor shall insure the materials and/or equipment against theft, fire, vandalism, and malicious mischief, as well as any other coverage’s required under the Contract Documents;
(g) Contractor’s application for payment shall be accompanied by a bill of sale, invoice or other documentation warranting that City has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect City’s interest therein, all of which must be satisfactory to City. This documentation shall include, but not be limited to, conditional releases of mechanics’ liens and stop notices from all those providing materials and equipment as to which the application for payment relates, as well as unconditional releases of the same from the same as to the previous application for payment for which they have not already been provided.

F. BASIS OF PAYMENT

1. Lump Sum: When estimated quantity for specific portion of Work is not indicated and unit is designated as Lump Sum, payment will be based on the approved Schedule of Values of the work under the lump sum, or in the event a Schedule of Values is not required, on the percentage of the lump sum scope satisfactorily completed.

2. City does not expressly, or by implication, agree, warrant, or represent in any manner, that actual amount of Work will correspond with amount shown or estimated and reserves right to increase or decrease amount of any class or portion of Work, to leave out entire Bid Item or Items, or to add work not included in Bid, when in its judgment such change is in best interest of City. No change in Work shall be considered waiver of any other condition of Contract Documents. No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as otherwise expressly provided for in Contract Documents, because of any differences between amount of work actually done and estimated amount as set forth herein, or for elimination of extra Bid Items.

G. SCHEDULE OF VALUES AND PROGRESS PAYMENTS

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1. If requested by Contractor, progress payments will be made monthly, but not more often than monthly.

2. Schedule of Values:
(a) Form to be used: AIA G703 or as approved by the City (b) Within twenty-one (21) calendar days from issuance of Notice of Award and prior to the Contractor’s application for the first progress payment, Contractor shall submit a Schedule of Values, which is a detailed breakdown of its bid for Work items and/or act ivities, including coordination responsibilities and project record document responsibilities. Where more than one subcontractor comprises the work of a work item or activity, the Schedule of Values shall show a separate line item for each subcontract. Co ntractor shall furnish such breakdown by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, whose cumulative sum equals the total Contract Sum. The format and detail of the breakdown shall be as directed by City to facilitate and clarify future progress payments to Contractor for Work under Contract Documents. Work with lump sum values shall not exceed $10,000 per work item. Work values totaling more than $10,000 per item shall be broken down on a unit basis (e.g., linear foot, square yard, cubic yard, etc.). No line item to exceed one -half of 1% (0.5%) of contract value.
(c) Contractor’s overhead, profit, financing, as well as “general conditions costs,” (e.g., site cleanup and maintenance, temporary roads and access, off site access roads, temporary power and lighting, security and the like), shall be prorated through all activities so that the sum of all the Schedule of Values line items equaling Contractor’s total Contract Sum. Insurances and Bonds shall be a separate schedule of value line item.
(d) Include in each line item, the amount of Allowances specified in this section. Separately identity each Allowance and Alternate item, provide breakdown where any one item is in excess of one -half of 1% (0.5%) of contract value.
(e) City will review the breakdown in conjunction with the approved progress schedule activities to ensure that the dollar amounts of the Schedule of Values are, in fact, fair market cost allocations for the Work items listed. Upon favorable review by City, C ity will accept this Schedule of Values for use. City shall be the sole judges of fair market cost allocations.
(f) Any attempt to unbalance the distribution of overhead, profit, and other fixed costs, or to manipulate the cost breakdown in any way, or to increase the cost of early activities, i.e. “front loading,” will be rejected by City, resulting in a complete reallocation of monies until such distortion is corrected. Repeated attempts of manipulation

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may result in suspension or termination of the Work or refusal to process progress payments, until such time as the Schedule of Values is acceptable to City.

3. Payment Requests
(a) Form to be used: AIA G702 and G703.
(b) For each item, provide a column for listing each of the following:
(1) Item Number.
(2) Description of work.
(3) Scheduled Values.
(4) Previous Applications.
(5) Work in Place and Stored Materials under this Application. (6) Authorized Change Orders.
(7) Total Completed and Stored to Date of Application.
(8) Percentage of Completion.
(9) Balance to Finish.
(10) Retainage.
(c) A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
(d) On or before the twenty -fifth (25th) day of each month and upon receipt of City’s approval of the updated schedule Contractor shall meet with the City Representative to measure and verify quantities of work completed which Contractor requests payment for. The Contractor shall submit to Cit y two (2) copies of a request for payment for the cost of the Work put in -place at that time, along with one (1) copy of the City approved updated CPM schedule.

Such requests for progress payments shall be based upon Schedule of Values prices of all labor and materials incorporated in the Work up until midnight of the last day of that one-month period, less the aggregate of previous payments. If Contractor is late submitting its payment request, that payment request may be processed at any time during the succeeding one -month period,

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resulting in processing of Contractor’s payment request being delayed for more than a day for day basis.
(e) Payment requests may include, but are not necessarily limited to the following:
(1) Material, equipment and labor incorporated into the Work, less any previous payments for the same.
(f) With each request for payment, Contractor shall fulfill all scheduling requirements including updates and revisions. In addition, a responsible officer of Contractor shall execute and submit the following certification shown below:
“ I, ________________(print name), being the ___________________ of _______________________________ (Contractor), the undersigned Contractor, certifies that the Work covered by this request for payment (invoice) has been completed in accordance with the Contract Documents, and that the current progress payment (invoice) shown herein is accurate and now due. Contractor further certifies that all amounts have been paid by the Contractor for Work for which previous invoices for progress payments issued to and paid by the City.

The Contractor declares under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached request for payment (invoice) and know its contents, and said request for payment is made in good faith; that it is supported by truthful and accurate data; that the amount requested accurately reflects the allowable expenses incurred to perform the Work.
___________________________________________”
signature & date

(g) No progress payment will be processed prior to City receiving the above certification and all requested and acceptable schedule update information.
(h) With each request for payment, Contractor shall submit following as pre-requisite to its review:
(1) Construction progress schedule, updated to current. (2) Current construction photographs, updated to current. (3) Partial release of liens from major subcontractors and vendors.
(4) Progress project record documents, updated to current. (5) Affidavits and bonds attesting to off -site stored products, if any.
(6) Certified payroll records.

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(7) Statement under False Claim Act.
(i) Contractor shall submit fulfill all record document requirements of Section 01 78 39 “Project Record Drawings,” including updates and revisions. An additional 10% of progress payment requests may be withheld in the event that the City determines that the job-site record drawings have not been kept up-to-date. Contractor also to submit the following pre -requisites for review of the Payment Application Request.
(j) Each payment request shall list each Approved Change Order executed prior to date of submission, including a description of the work activities.
(k) Monthly progress payments shall be made based on total value of activities completed or partially completed, as determined by City with participation of Contractor, and based upon approved activity costs. Accumulated retainage will be shown as a separate item in payment summary. If Contractor fails or refuses to participate in construction progress evaluation with City, Contractor shall not receive current payment until Contractor has participated fully in providing construction progress information and s chedule update information to City.
(l) If required by City, Contractor shall submit substantiating data as they relate to payment requests.

4. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:
(a) Notice to Proceed
(b) List of subcontractors.
(c) Schedule of values.
(d) Contractor's construction schedule.

5. Progress Payments:
(a) If it is determined that the payment request is not a proper payment request suitable for payment, City shall return it to the Contractor as soon as practicable, but no later than seven (7) days after receipt, together with a document setting forth in writing the reasons why the payment request is not proper. If City determines that portions of the payment request is not proper or not due under the Contract Documents, then City may approve the other portions of the payment request, and in the case of disputed items or defective work not remedied, may withhold up to 150% of the disputed amount from the progress payment.

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(b) The City will mail the progress payment to the Contractor within thirty (30) days from the date of receipt of the invoice in acceptable form, including copies of certified payroll, schedule updates, and progress payment certification. The City will pay to Contractor in manner provided by law, an amount equal to ninety -five percent (95%) (i.e., five percent (5%) retention) of City’s estimate, or a lesser amount if so provided in Contract Documents, provided that payments may at any time be withheld if, in judgment of City, Work is not proceeding in accordance with Contract, or Contractor is not complying with requirements of Contract, or to comply with stop notices or to offset liquidated damages accruing or expected. (c) Before any progress payment or final payment is made, Contractor may be required to submit satisfactory evidence that Contractor is not delinquent in payments to employees, subcontractors, suppliers, or creditors for labor and materials incorporated into Work. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen. (d) City reserves and shall have the right to withhold payment for any equipment and/or specifically fabricated materials that, in the sole judgment of City, is not adequately and properly protected against weather and/or damage, prior to or following incorporation into the Work.
(e) Granting of progress payment or payments by City, or receipt thereof by Contractor, shall not be understood as constituting in any sense acceptance of Work or of any portion thereof, and shall in no way lessen liability of Contractor to replace unsatisfact ory work or material, though unsatisfactory character of work or material may have been apparent or detected at time payment was made. (f) When City shall charge sum of money against Contractor under any provision of Contract Documents, amount of charge shall be deducted and retained by City from amount of next succeeding progress payment or from any other payment due or that may become due C ontractor under Contract. If, on completion or termination of Contract, such payment due Contractor are found insufficient to cover City’s charges against it, City shall have right to recover balance from Contractor or Sureties.

PART 2 PRODUCTS

2.1 FIRE STATION 1 SITE IMPROVEMENTS SCHEDULE
The contract Lump Sum price paid for all bid items listed below shall be considered full compensation for furnishing all labor, materials, equipment, tools, and incidentals for all work involved including the removal, disposal, furnishing, and installation of any bid item listed below as specified in the Contract Documents and as directed by the City Engineer, and no separate payment shall be made.

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BID ITEMS

1. Mobilization: The contract lump sum price paid for “Mobilization” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in mobilization, demobilization, clean-up, preparatory work and operations necessary for the movement of personnel, equipment, and supplies to the project sites, erosion control, submittals, administration as specified herein, and no separate payment shall be made. The total lump sum shall not exceed 5% of the total Base Bid.

2. Demolition: The contract lump sum price paid for “ Demolition” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals to perform the demolition work as shown in the Contract Documents including, but not limited to, clearing and gr ubbing, removal and dispose of existing asbestos cement pipe (ACP) for compliance with all applicable Federal, State, and Local regulations.

Specifically, regulations pertaining to work practices, protection of workers, visitors to the site, persons occupying areas adjacent to the site, hauling, and disposal , post indicator valve (PIV), fire hydrant, and all associate appurtenance as specified herein. No separate payment shall be made.

3. Installation of 4” fire service lateral: The contract unit price paid per linear foot for “Installation of 4” fire service lateral” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals to perform the work as shown in the Contract Documents including, but not lmitied to, sawcuting; trenching and backfilling ; dewatering; disposing of spoil; installing 4” C900 DR14 PVC pipe, riser, fittings, thrust blocks, anchorage, joints, and tracer wire; pressure testing; and disinfecting as specified herein. No separate payment shall be made.

4. Installation of 6” & 8” fire service lateral: The contract per linear foot of price paid for “Installation of 6” & 8” fire service lateral” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, to perform the work as shown in the Contract Documents including, but not lmitied to, sawcuting; trenching and backfilling; dewatering; disposing of spoil; installing 6” and 8” C900 DR14 PVC pipe, riser, fittings, thrust blocks, anchorage, joints, and tracer wire; pres sure testing; and disinfecting as specified herein. No separate payment shall be made.

5. Installation of 8” Double Check Valve Backflow Preventer: The contract unit prices paid for “Installation of 8” Double Check Valve Backflow Preventer” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals to perform the work as shown in the Contract Documents including, but not limited to, excavating and backfilling; dewatering; disposing of spoil; furnishing and inst alling 8” Double Check Valve Backflow Prevente r, Fire Department Connection

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(FDC), fittings, thrust blockes, anchorage, joints and tracer wire; testing and disinfecting as specified herein. No separate payement shall be made.

6. Installation of Post Indica tor Valves: The contract unit price paid for “Installation of Post Indicator Valves” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals to perform the work as shown in the Contract Documents including, but not limited to, excavating and backfilling; dewatering; disposing of spoil; furnishing and installing two (2) post indicator valves , fitting, address sig nage, anchor block, and joints; testing and disinfecting as specified herein. No separate payment shall be made.

7. Installation of Fire Hydrant: The contract unit prices paid for “Installation of Fire Hydrant” shall include the full compensation for furnishing all labor, materials, tools and equipment and incidentals to perform the work as shown in the Contract Documetns including, but not limited to, sawcuting; trenching and backfilling; dewatering; disposing of spoil; installing 6” C900 DR14 PVC pipe and gate valve, fire hydrant, riser, vlave box, fittings, thrust blocks, anchorage, joints, and tracer wire; pressure testing; and disinfecting as specified herein. No separate payment shall be made.

8. Pavement Restoration: The contract lump sum price paid for “Pavement Restoration” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals to perform the pavement restoration work incl uding, but not limited to, compacting, trucking, furnishing and installing class 2 aggregate base and asphalt concrete as specified herein. No separate payment shall be made.

PART 3 EXECUTION (NOT USED)
** END OF SECTION **

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No. 3465 & 7100 -1- 01 33 00

SECTION 01 33 00

SUBMITTAL PROCEDURES
PART 1 GENERAL

1.1 SUMMARY
A. DESCRIPTION:

1. Description of general requirements for project Submittals.

1.2 SUBMITTALS
A. Where required by the Specifications, the Contractor shall submit descriptive information which will enable the Engineer to advise the Owner whether the Contractor's proposed materials, equipment or methods of work are in general conformance with the design concept and are in compliance with the drawings and specifications. The information to be submitted shall consist of drawings, specifications, descriptive data, certificates, samples, test results and other such information, all as specifically required in the Specifications.

B. The Contractor shall submit the following items:

1. List of Submittals, Shop Drawings, Product Data and Materials

2. Schedule of Values

3. Construction Schedule

4. Shop Drawings

5. Product Data

6. Material Safety Data Sheets

7. Project Closeout Information

8. Warranty Data

9. Others as Specified in the Technical Specifications

10. Manufacturer’s Instructions

11. Manufacturer’s Certifications and Test Reports
C. Quantity of Submittals:

1. Submit one (1) digital PDF format of all submittals. (a) PDF submittal shall be clear and readable.
(b) Provide searchable PDF file.

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(c) Annotate or mark submittal to clearly show the item or model being submitted.
(d) Organization and Binding of Submittals: The initial and subsequent submittals of drawings and data for review shall be organized and bound with a Table of Contents so that eventually they may be used as guides for preparing the required maintenance manuals. PDF files shall have active links in the Table of Contents, or they shall have bookmarks per the Table of Contents.

2. If paper copies are submitted:
(a) Provide three (3) copies to the Owner’s Representative and a scanned electronic copy where feasible. The Contractor shall state the number of copies the Contractor wants to be returned where necessary.

D. Where the Contractor is required by these Specifications to submit samples of products, the Contractor shall provide a sufficient number of physical samples to allow three (3) to be retained by the Owner’s Representative of all structural and architectural products involving color, finish, texture, or the like.

E. List of Submittals:

1. Within thirty -five (35) days after the Notice to Proceed, the Contractor shall submit a List of Submittals to the Owner’s Representative for review.

2. The List shall include all items of equipment and materials for necessary project disciplines (Civil, Electrical, Mechanical etc) and the names of manufacturers with whom purchase orders have been or will be placed.

3. The List shall be arranged in the same order as the Specifications and shall contain s ufficient data to identify all items of material and equipment the Contractor proposes to furnish. The List shall include Specification and/or Drawing references.

4. After the submission is favorably reviewed and returned to the Contractor by the Owner’s Representative, it shall become the basis for the submission of detailed manufacturer's drawings, catalog cuts, curves, diagrams, schematics, data, and information on each separate item for revie w as set forth in the Specifications.

F. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall ensure that the material, equipment or method of work shall be as described in the submittal.

1. Submittals shall contain all required information, including satisfactory identification of items, units and assemblies in relation to the contract drawings and specifications.

2. The Contractor shall verify that the material and equipment described in each submittal conforms to the requirements of the specifications and drawings.

3. Unless otherwise approved by the Engineer, submittals shall be made only by the Contractor, who shall indicate by a signed stamp on the submittals that the

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Contractor has checked the submittals and that the work shown conforms to contract requirements and has been checked for dimensions and relationship with work of all other trades involved.

4. If the information shows deviations from the specifications or drawings, the Contractor, by statement in writing accompanying the information, shall identify the deviations and state the reason(s) therefore.

5. The Contractor shall ensure that there is no conflict with other submittals and shall notify the Engineer in each case where the Contractor’s submittal may affect the work of another contractor or the Owner.

6. The Contractor shall ensure coordination of submittals among the related crafts and subcontractors.

1.3 SUBMITTAL TRANSMITTAL PROCEDURE
A. General: Submittals regarding material and equipment shall be accompanied by a transmittal form from the Contractor. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete specification sections for which a submittal is required. However, submittals for various items shall be made with a single form only when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole.

B. Submittal Identification: Each set of submittals or samples shall be attached to the submittal transmittal form.

1. The submittal number shall be made up of two parts: XXX -ZZ. The XXX shall be sequential number 001 for the first item submitted, 002 for the second, etc.

The ZZ shall be the sequential number of a specific submittal or resubmittal (01 for the first submittal, 02 for the first resubmittal, etc.).

2. All submittals shall show the contract title, shall indicate the name of the vendor, and shall indicate when the equipment and/or material will be required by the construction schedule.

3. The submittal must be adequate to permit a comprehensive review without further reference to the Contractor. The documents submitted must be separately identifiable on the Contractor's submittal transmittal form.

C. Deviation from Contract: If the Contractor proposes to provide material or equipment which does not conform to the specifications and drawings, this shall be indicated under "deviations" on the submittal transmittal form accompanying the submittal copies.

1. If the Owner accepts such deviation, the Owner shall issue an appropriate Contract Change Order, except that, if the deviation is minor, or does not involve a change in price or in time of performance, a Change Order need not be issued.

2. If any deviations from the Contract requirements are not noted on the submittal, the review of the shop drawing shall not constitute acceptance of such deviations.

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D. Submittal Completeness: Submittals which do not have all the information required to be submitted, including deviations, shall be considered as not complying with the intent of the contract and are not acceptable and will be returned without review.

1. A complete submittal shall contain sufficient data to demonstrate that the items comply with the Specifications, shall meet the minimum requirements for submissions cited in the technical specifications, shall include materials and equipment data and seismic anchorage certifications where required, and shall include any necessary revisions required for equipment other than first named.

E. Review of Subsequent Resubmittals: It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Owner’s Representative at least by the second submission of data. At the discretion of the Engineer c osts associated with the review of any subsequent resubmittals may be borne by the Contractor. The Contractor will be billed for these costs by the Owner. Costs due may be deducted from progress payments due the Contractor by the Owner.

1.4 SUBMITTAL REVIEW
A. The Contractor shall provide all submittals to the Owner’s representative at the earliest feasible time possible to facilitate a comprehensive review that does not impact construction related progress.

B. Within 14 calendar days after receipt of the submittal by the Engineer, the submittal will be reviewed by the Engineer and the Engineer will return the marked -up submittal. On complex drawings and equipment, the Engineer shall acknowledge receipt within 30 days and advise the Contractor when the submittal will be returned. The returned submittal shall indicate one of the following actions.

1. If the review indicates that the material, equipment or work method is in general conformance with the design concept and complies with the drawings and specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the Contractor may begin to implement the work method or incorporate the material or equipment covered by the submittal.

2. If the review indicates limited corrections are required, copies will be marked "MAKE CORRECTIONS NOTED". The Contractor may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in operation and maintenance data, a corrected copy shall be provided. Otherwise, no resubmittal will be required.

3. If the review reveals that the submittal is insufficient or contains incorrect data, copies will be marked "AMEND AND RESUBMIT". The Contractor shall not undertake work covered by this submittal until the submittal has been revised, resubmitted and returned marked either 'NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED".

4. If the review indicates that the material, equipment or work method is not in general conformance with the design concept or in compliance with the drawings and specifications, copies of the submittal will be marked "REJECTED - SEE REMARKS". Submittal with deviations which have not been identified clearly may be rejected. The Contractor shall not undertake work covered by

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such submittal until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED".

C. Review of drawings, methods of work, or information regarding materials or equipment the Contractor proposes to provide shall not relieve the Contractor of responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer, the O wner’s Representative or the Owner, or by any officer, employee or subcontractor thereof, and the Contractor shall have no claim under the contract on account of the failure or partial failure of the method of work, material, or equipment so reviewed.

1. A mark of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the Owner has no objection to the Contractor, upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed.

2. Favorable review of submittals does not constitute a change order to the Contract requirements.

3. The favorable review of all submittals by the Engineer shall apply in general design only and shall in no way relieve the Contractor from responsibility for errors or omissions contained therein.

4. Favorable review by the Engineer shall not relieve the Contractor of its obligation to meet safety requirements and all other requirements of laws, nor constitute a Contract Change Order.

5. Favorable review by the Engineer will not constitute acceptance by the Engineer of any responsibility for the accuracy, coordination, and completeness of the submittals or the items of equipment represented on the submittals.

6. The favorable review of shop drawings shall be obtained prior to the fabrication, delivery and construction of items requiring shop drawing submittal. ** END OF SECTION **

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No. 3465 & 7100 -1- 01 74 23

SECTION 01 74 23

FINAL CLEANING
PART 1 GENERAL

1.1 SUMMARY
A. As a condition precedent to final acceptance or release of a structure, space or process unit for use by the Owner, the Contractor shall thoroughly clean all roads, shoulders, and construction areas prior to final Acceptance.

B. All existing culverts, drainage sumps, and existing stormwater facilities shall be cleared of silt, sand, debris and construction materials. Should any existing structures, culverts, or drainage channels be compromised by construction related activities, the Contractor shall restore to the fullest extent of the pre -existing conditions as required by the Owner’s Representative or Inspector.

C. At the completion of the project, the Contractor shall perform the following:

1. Remove and dispose of all excess or waste materials, debris, rubbish, and temporary facilities from the site, structures and all facilities.

2. Repair pavement, roads, and all other areas affected by construction operations and restore them to original condition or to minimum condition specified.

Contractor shall restore the pavement to the fullest extent required by the Engineer.

3. Remove spatter, grease, stains, fingerprints, debris, dust, labels, tags, packing materials and other foreign items or substances from interior and exterior surfaces, equipment, signs and lettering.

4. Repair, patch and touch up chipped, scratched, dented or otherwise marred roadway signs, striping, guard railing, or other materials to match the pre - existing condition.

5. Contractor shall refinish trenching activities to match existing surface conditions to the fullest extent feasible and to the satisfaction of the Inspector.

D. As the Contractor executes construction related procedures along the identified alignments shown in the contract drawings, preliminary cleaning shall be conducted such that downstream facilities can be reopened in the public right of way.

1. All significant clean up items such as sign or guard railing replacement shall be conducted at the earliest possible moment during the project to protect the public from dangerous situations.

2. Insignificant cleanup items may be included in the project punch list and completed prior to Acceptance.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
** END OF SECTION **

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No. 3465 & 7100 -1- 01 78 39

SECTION 01 78 39

PROJECT RECORD DRAWINGS
PART 1 GENERAL

1.1 SUMMARY
A. The Contractor shall provide the Owner’s Representative neatly and legibly marked contract drawings showing the final horizontal and vertica l location of all piping, manholes, and culverts . Marking of the drawings shall be kept current and shall be done at the time the material and equipment are installed. These drawings shall be available to the Owner’s Representative throughout the construction period. Final payment shall not be made until the marked up record drawings are delivered to and approved by the Owner’s Representative.

1.2 MAINTENANCE OF DOCUMENTS
A. The following shall be maintained in the Contractor’s field office in clean, dry, legible condition: Contract Drawings, Specifications, Addenda, approved Shop Drawings, Samples, photographs, Change Orders, other Modifications of Contract, test records, survey data, Field Orders, and all other documents pertinent to Contractor’s Work.

B. Two full-sized sets of the Contract Drawings will be furnished to the Contractor by the Owner. These Drawings shall be updated with record information and one copy of the updated record drawings shall be submitted for review to the Owner’s Representative every month. The Record Drawing shall be up-to-date and its completeness shall be a precondition of the next month’s partial payment request approval.

1. Mark and record field changes and detailed information contained in submittals and change orders.

2. Record actual depths, horizontal and vertical location of underground pipes and other buried utilities. Reference dimensions to permanent surface features.

3. Identify specific details of pipe connections, location of existing buried features located during excavation, and the final locations of piping, manholes , and culverts.

4. Provide schedules, lists, and layout drawings.

C. Documents shall be available at all times for inspection by the Owner’s Representative.

D. Record documents shall not be used for any other purpose and shall not be removed from the office without approval of the Owner’s Representative.

E. The Contractor may submit additional size D sheets detailing record work as approved by the Owner’s Representative.

F. The Contractor shall not conceal any work until the required record drawing information has been recorded.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
** END OF SECTION **

Fire Station 1 Site Improvements
No. 3465 & 7100 -1- SECTION 02 41 13

SECTION 02 41 13

SELECTIVE SITE DEMOLITION
PART 1 GENERAL

1.1 SUMMARY
A. Remove and dispose of asphalt concrete, base rock, native material, utility pipes, and appurtenances, as noted on the Drawings.

1.2 REQUIREMENTS
A. Prior to starting demolition, the contractor shall obtain approval from the city of the implementation of their erosion control.

1.3 RELATED WORK
A. Section 31 11 00: Clearing and Grubbing
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION

3.1 UTILITIES
A. Coordinate with City of Milpitas Opeartion team as required.

B. Locate, identify, disconnect, and cap off utility services to be demolished.

C. Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated.

D. Unless otherwise indicated, m aintain and protect existing utilities to remain in service before proceeding with demolition, providing bypass connections to other parts of the building.

E. Notify the City of Milpitas Representative not less than 72 hours in advance if there are any proposed utility interruptions.

F. Do not proceed with utility interruptions without the City of Milpitas Representative’s written permission.

G. Where equipment or devices have been removed, and where the active side of the pipe remains, Contractor shall cap or plug all abandoned piping using either threaded or soldered fittings. Do not rely on the existing valves for a positive shutoff.

H. For the abandonment of wet utilities, Contractor shall cut and cap at the property line, remove everything behind the property line, disconnect lateral at mainline,

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and abandon in place the segment between mainline and property line. Contractor shall perform work as specified in the Drawings.

3.2 DEMOLITION
A. Conduct demolition without disrupting use of adjacent property or nearby buildings.

B. Conduct demolition operations and remove debris to prevent injury to people and damage to adjacent buildings and site improvements.

C. Perform Work in such a manner as to prevent damage to existing facilities to remain or to be salvaged. Hazardous Work shall not be left standing or hanging, but shall be knocked or pulled down to avoid damage or injury to employees or the public.

D. Conduct demolition operations in such a manner as to prevent damage to existing trees and plants that are to remain.

E. Contractor shall be responsible for traffic control when performing any work in the street.

3.3 CUTTING AND PATCHING
A. Neatly cut openings and holes plumb, square, and true to dimensions required.

Use cutting methods least likely to damage construction to remain or adjoining construction.

3.4 SAW CUTTING
A. All saw cutting shall be made in a neat, clean line perpendicular to the face of the paved surface such that no damage shall take place on the paving to remain. Refer to plans for locations.

3.5 SALVAGE
A. Items indicated to be removed and salvaged remain the City’s property. Remove, clean, and deliver to the City’s designated storage area or as directed by the City’s Representative.

3.6 DISPOSAL
A. Unless otherwise indicated, demolished materials become Contractor's property.

B. Promptly remove demolished materials from City’s property and legally dispose of them. Do not burn demolished materials.

C. After the demolition work is complete, the contractor shall remove and dispose of all excess materials from the demolition operations and other unwanted materials, garbage, debris, and rubbish scattered throughout the site and perform minor grading as dire cted by the Engineer to eliminate uneven ground surface. The restored sites shall have no significant depressed areas that may hold rain water.

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3.7 HAZARDOUS MATERIALS
A. The Contractor will assume full responsibility and liability for compliance with all applicable Federal, State, and Local regulations. Specifically, regulations pertaining to work practices, protection of workers, visitors to the site, persons occupying areas adjacent to the site, hauling, and disposal. As required by all applicable Federal, State and local regulations, the Contractor is responsible for providing medical examinations, and maintaining medical records of personnel. shall determine the actual condition of the site as it affects the Work.

1. Contractor shall carefully excavate to locate buried ACP using methods that will not destroy the pipe and potentially make asbestos friable.

Methods such as vacuum excavation, use of tools, or other means shall be chosen as appropriate.

2. Upon exposure, qualified personnel shall assess the pipe to determine if it might be in a condition that could contain friable asbestos.

3. Fully expose the portions of ACP to be removed.

4. Where possible, do not break pipe, fittings, or couplers. Breakage of couplings is preferred should no other viable option exist to remove pipe.

5. When pipe is removed, removed entire lengths of pipe to the next joint necessary to achieve the work. Except as noted on drawings as directed by Engineer, only remove ACP necessary to accomplish the work.

6. Where bells exist on ACP that must be removed to connect CP to remain in service with new PVC pipe or ductile iron fittings, use a snap tool or least destructive method to leave a clean surface and minimize potential for release of friable material.

7. Upon removing asbestos -containing coupling, pipe, or other materials, immediately separate, place in appropriate double bag with 6 -mil polyethylene sheeting to yield a total of at least 12 -mil, the asbestos pipe in the trench or immediately when it comes out of the trench. Seal and label as required by EPA Regulation 40 CFR 61.150 (a)(1)(iv) or OSHA requirement 29 CFR 1926.1101(k)(8), and remove from site in a protected area.

8. City shall sign all manifests as generator of the waste.

B. Except as otherwise specified, in the event Contractor encounters on the Project site material reasonably believed to be hazardous substances that have not been rendered harmless, Contractor shall immediately stop work in the area affected and report the condition to the City of Milpitas’s representative in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor if in fact the material is asbestos, PCB, lead, or other hazardous substances and has not been rendered harmless. The work in the affected area shall be resumed in the absence those hazardous substances, or when such materials have been rendered harmless.

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C. Disclose any hazardous substance or condition exposed during the work to the City’s Representative for decision or remedy.
** END OF SECTION **

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SECTION 31 11 00

CLEARING AND GRUBBING
PART 1 GENERAL

1.1 SUMMARY
A. Furnish all labor, material, equipment, tools, and incidentals necessary for the provision of clearing vegetation, debris, trash and other materials and grubbing of vegetation within limits indicated on the drawings.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION

3.1 PREPARATION
A. Locate and clearly flag vegetation to remain or to be relocated.

B. Notify Underground Service Alert (USA), (800) 642-24444, and local utility companies to verify location of existing utilities a minimum of 48 hours prior to beginning work.

3.2 RESTORATION
A. Repair or replace vegetation indicated to remain that is damaged by construction operations, as directed by the Owner.

B. Employ a qualified arborist, licensed in jurisdiction where the Project is located, to submit details of proposed repairs and to repair damage to shrubs.

3.3 CLEARING AND GRUBBING
A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction. Removal includes digging out stumps and obstructions and grubbing roots.

B. Remove trash, debris, logs, concrete, masonry and other waste materials.

C. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated.

D. Completely remove stumps, roots, obstructions, and debris extending to a depth of 18-inches below subgrade.

E. Use only hand methods for grubbing within drip line of remaining trees. ** END OF SECTION **

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SECTION 31 23 19

DEWATERING
PART 1 GENERAL

1.1 SUMMARY
A. Scope: The work of this Section includes dewatering necessary to lower and control groundwater levels and hydrostatic pressures to permit excavation and construction to be performed properly under dry conditions.

B. Contractors Responsibility : Dewatering operations shall be adequate to assure the integrity of the finished project. The responsibility for conducting the dewatering operation in a manner that will protect adjacent structures and facilities rests solely with the Contractor. The cost of repairing any damage to adjacent structures and restoration of facilities shall be the responsibility of the Contractor. Contractor shall secure all necessary permits to complete the requirements of this Section of the Specifications.

1.2 SUBMITTALS
A. The following shall be submitted in compliance with Section 01 33 00 – Submittal Procedures:

1. Prior to commencement of excavation, a detailed plan and schedule for dewatering activities of excavations.

2. Demonstration of proposed dewatering system and verification that adequate personnel, materials and equipment are readily available for all dewatering activities.

1.3 CONTROL AND OBSERVATION
A. Adequate control shall be maintained to ensure that the stability of excavated and constructed slopes is not adversely affected by water, that erosion is controlled and that flooding of excavation or damage to structures do not occur.

B. It shall be the sole responsibility of the Contractor to control the rate and effect of the dewatering in such a manner as to avoid all objectionable settlement and subsidence.

C. Where critical structures or facilities exist immediately adjacent to areas of proposed dewatering, reference points shall be established and observed at frequent intervals to detect any settlement that may develop.

D. A daily report shall be maintained. The following shall be recorded:

1. Elevation of ground water and piezometric water levels in observation wells (if any).

2. Change in elevation of reference points established.

PART 2 PRODUCTS

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2.1 EQUIPMENT
A. Dewatering system shall include well points, sump pumps, temporary pipelines for water disposal, rock or gravel placement, and other means including standby pumping equipment maintained on the job site continuously.

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS
A. An adequate dewatering system shall be maintained to lower and control the groundwater to permit excavation, construction of structures, placement of piping, and placement of fill materials to be performed under dry conditions.

B. Sufficient dewatering equipment shall be installed to predrain the water -bearing strata below the bottom of foundations, drains, sewers, pipelines and other excavations.

C. The Contractor shall maintain the water level below the bottom of excavation in all work areas where groundwater occurs during excavation construction, backfilling, and up to acceptance.

D. The hydrostatic head in water -bearing strata below foundations, drains, sewers, pipelines and other excavations shall be reduced to ensure that the water level and piezometric water levels are below the excavation surface at all times.

1. The piezometric water level shall be maintained a minimum of 3 -feet below the excavation surface all times.

E. The dewatering system shall be placed into operation prior to excavation below ground water level to lower the ground water level and shall be operated continuously 24 hours a day, 7 days a week until drains, sewers, pipelines and structures have been constructed and leak tested and fill materials have been placed and dewatering is no longer required.

F. The site shall be graded to facilitate drainage. Surface runoff shall be diverted from excavations. Water entering the excavation from surface runoff shall be collected in shallow ditches around the perimeter of the excavation, drained to sumps, and be pumped or drained by gravity away from the excavation.

G. Dewatering shall at all times be conducted in such a manner as to preserve the undisturbed bearing capacity of the subgrade soils at proposed bottom of excavation.

H. If foundation soils are disturbed or loosened by the upward seepage of water or an uncontrolled flow of water, the affected areas shall be excavated and replaced with drain rock at no additional cost to the Owner.

I. Flotation shall be prevented by the Contractor by maintaining a positive and continuous removal of water. The Contractor shall be fully responsible and liable for all damages which may result from failure to adequately keep excavations dewatered.

J. If well points or wells are used, they shall be adequately spaced to provide the necessary dewatering and shall be sandpacked and/or other means shall be used to prevent pumping of fine sands or silts from the subsurface. A continual check shall be

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maintained to ensure that the subsurface soil is not being removed by the dewatering operation.

K. Water and debris shall be disposed of in a suitable manner in compliance with local and State regulations and without damage to adjacent property. No water shall be drained into the installed or under construction facilities. Water shall be filtered to remove sand and fine -sized soil particles and further treated if required by regulatory agencies before disposal into any drainage system
L. Necessary permits for disposal of water, if applicable, shall be obtained by the Contractor from the appropriate regulatory agencies.

M. The release of groundwater to its original level shall be performed in such manner to prevent disturbance of natural foundation soils, prevent disturbance of compacted backfill and prevent flotation or movement of structures, pipelines, and sewers.

N. Dewatering of trenches and other excavations shall be considered as incidental to the construction of the Work and all costs thereof shall be included in the various contract prices in the Bid Forms, unless a separate bid item has been established for dewatering.

O. Contractor shall comply with all discharge permit and SWPPP requirements. ** END OF SECTION **

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SECTION 31 23 33

TRENCHING AND BACKFILLING
PART 1 GENERAL

1.1 SUMMARY
A. Furnish all labor, material, equipment, tools, and incidentals necessary for the excavation, backfill, and compaction for underground water /fire piping and associated appurtenances.

1.2 SUBMITTALS
A. Follow submittal procedures outlined in Section 01 33 00 Submittal Procedures.

B. Submit material certificates signed by the material producer and the Contractor, certifying that that each material item complies with, or exceeds the specified requirements.

1.3 QUALITY ASSURANCE
A. Conform all work to the appropriate portion (s) of the Caltrans Standard Specifications, Section 19.

B. Percentage of compaction specified shall be the minimum acceptable. The percentage represents the ratio of the dry density of the compacted material to the maximum dry density of the material as determined by the procedure set forth in ASTM D 1557.

1.4 PROJECT CONDITIONS
A. Promptly notify the Owner of surface or subsurface conditions differing from those disclosed in the construction documents. First notify the Owner verbally to permit verification and extent of condition and then in writing. No claim for conditions differing from those anticipated in the Contract Documents will be allowed unless Contractor has notified the Owner in writing of differing conditions prior to contractor starting work on affected items.

B. Protect open, trenches, and utility structure excavations with fences, covers and railings to maintain safe pedestrian and vehicular traffic passage.

C. Stockpile on-site and imported backfill material temporarily in an orderly and safe manner.

D. Provide dust and noise control in conformance with Division 1 General Requirements for Cleaning and Waste Management.

PART 2 PRODUCTS

2.1 PIPE BEDDING AND INITIAL BACKFILL

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A. ASTM D 2321, Class IA, IB or II.

1. Clean and free of clay, silt, or organic matter.

B. Class 2 Aggregate Base: Conform to Section 26 of Caltrans Standard Specifications, ¾ -inch maximum. Material shall also be non -expansive and predominantly granular soil or soil -rock mixture “(percent of passing #200: 50 maximum, 5 minimum)” with plasticity index of 15 or less.

C. Sand: Conform to Section 19-3.02F(2) of Caltrans Standard Specifications.

2.2 WARNING TAPE
A. See Section 33 10 00 – Water Utilities.

2.3 SUBSEQUENT BACKFILL
A. Conform to on-site or imported structural backfill in Section 31 23 33 – Trenching and Backfilling.

2.4 CONCRETE STRUCTURE BEDDING AND BACKFILL
A. Precast Structures: Same materials to the same heights as specified for pipe bedding and backfill.

B. Poured-in-Place Structures:

1. Bedding: In general, bedding is not required, pour bases against undisturbed native earth in cut areas and against engineered fill compacted to 90% relative compaction in embankment areas.

2.5 FILTER FABRIC
A. Filter Fabric:

1. Filter Fabric: Section 96-1.02B of Caltrans Standard Specifications.

2. Mirafi 140N (Mirafi Inc., Charlotte, NC) (Tel. 800-438-1855) or equal.

PART 3 EXECUTION

3.1 TRENCHING AND EXCAVATION
A. Existing PCC or AC Areas: Cut PCC or AC to full depth at a minimum distance of 12-inches beyond the edge of the trench.

B. Excavation Depth for Bedding: Minimum of 4 -inches below bottom, except that bedding is not required for nominal pipe diameters of 2-inches or less.

C. Excavation Width at Springline of Pipe:

1. Up to a nominal pipe diameter of 24-inches: Minimum of twice the outside pipe diameter.

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2. Nominal pipe diameter of 30 -inches through 36 -inches: Minimum of the outside pipe diameter plus 2-feet.

3. Nominal pipe diameter of 42 -inches through 60 -inches: Minimum of the outside pipe diameter plus 3-feet.

D. Over-Excavations: Backfill trenches that have been excavated below bedding design subgrade, with approved bedding material.

E. Comply with the Owner’s limitations on the amount of trench that is opened or partially opened at any one time. Do not leave trenches open overnight without the approval of the Owner.

F. Where forming is required, excavate only as much material as necessary to permit placing and removal of forms.

G. Grade bottom of trench to provide uniform thickness of bedding material and to provide uniform bearing and support for pipe along entire length. Remove stones to avoid point bearing.

3.2 CONTROL OF WATER AND DEWATERING
A. Be solely responsible for dewatering trenches and excavations and subsequent control of ground and surface water. Provide and maintain such pumps or other equipment as may be necessary to control ground water.

B. Dewater during backfilling operation so that groundwater is maintained a least one foot below level of compaction effort.

C. Reroute surface water runoff away from open trenches and excavations. Do not allow water to accumulate in trenches and excavations.

D. Maintain dewatering system in place until dewatering is no longer required.

3.3 BRACING AND SHORING
A. Conform to California and Federal OSHA requirements.

B. Place and maintain such bracing and shoring as may be required to support the sides of the excavations for the proper protection of workmen; to facilitate the work; to prevent damage to the pipes and appurtenances being constructed; and to prevent damage to adjacent structures or facilities. Remove all bracing and shoring upon completion of the work.

C. Be solely responsible for all bracing and shoring and, if requested by the Owner, submit details and calculations to the Owner. The Owner may forward the submittal to the Consulting Engineer and/or the California Division of Industrial Safety for their review. The Contractor's submittal shall include the basic design, assumed soils conditions and estimation of forces to be resisted, together with plans and specifications of the materials and methods to be used, and shall be prepared by a civil engineer or s tructural engineer registered in California. No excavations in trench section or around structures shall precede a response to the submittal by the Owner.

D. Be solely responsible for installing and extracting the sheathing in a manner which will not disturb the line, grade, or backfill compaction or operation of the utility being installed or adjacent utilities and facilities.

3.4 PIPE BEDDING

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A. Accurately shape bedding material to the line and grade called for on the contract drawings. Carefully place and compact bedding material to the elevation of the bottom of the pipe in layers not exceeding 8 -inches in loose thickness. Compact bedding materi al at optimum water content to 90% relative compaction unless specified otherwise on the contract drawings. Compact by pneumatic tampers or other mechanical means. Jetting or ponding of bedding material will not be permitted.

3.5 WARNING TAPE
A. Install in accordance with Section 33 10 00 – Water Utilities.

3.6 BACKFILLING
A. Bring initial backfill up simultaneously on both sides of the pipe, to prevent any displacement of the pipe from its true alignment. Carefully place and compact initial backfill material to an elevation of 12-inches above the top of the pipe in layers not exceeding 12-inches in loose thickness. Compact bedding material at optimum water content to 90% relative compaction unless specified otherwise on the contract drawings. Compact by pneumatic tampers or other mechanical means.

Jetting or ponding of initial backfill material will not be permitted.

B. Bring subsequent backfill to subgrade or finish grade as indicated. Carefully place and compact subsequent backfill material to the proper elevation in layers not exceeding 12-inches in loose thickness. Compact bedding material at optimum water content to 95% relative compaction, unless specified otherwise on the contract drawings. Compact by pneumatic tampers or other mechanical means.

Jetting or ponding of subsequent backfill material will not be permitted.

C. Do not use compaction equipment or methods that produce horizontal or vertical earth pressures that may cause excessive pipe displacement or damage the pipe.

D. Contractor shall comply with under utility backfill section of the geotechnical report.

3.7 CLEANUP
A. Upon completion of utility earthwork all lines, manholes catch basins, inlets, water meter boxes and other structures shall be thoroughly cleaned of dirt, rubbish, debris, and obstructions of any kind to the satisfaction of the Owner. ** END OF SECTION **

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SECTION 32 12 16

ASPHALT PAVING
PART 1 GENERAL

1.1 SUMMARY
A. This section provides specifications for asphalt concrete pavement for prepared subgrade or aggregate base course.

1.2 REFERENCES
A. State of California Department of Transportation Standard Specifications, latest edition (Caltrans Standard Specifications)
B. Caltrans Standard Test Methods:

1. Calif Test 202 - Sieve Analysis of Fine and Coarse Aggregates.

2. Calif Test 304 - Preparation of Bituminous Mixtures for Testing.

3. Calif Test 362 - Determining Asphalt Content in Bituminous Mixtures by Vacuum Extraction.

4. Calif Test 375 - Determining the In -Place Density and Relative Compaction of AC Pavement.

5. Calif Test 379 - Determining Asphalt Content in Bituminous Mixtures (Troxler Nuclear Gauge Model 3241).

C. ASTM International (ASTM):

1. D 1557-12 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3))

2. D 1561 - Standard Practice for Preparation of Bituminous Mixture Test Specimens by Means of California Kneading Compactor.

1.3 SUBMITTALS
A. Contractor shall submit product data showing that all paving materials conform to the requirements of this section, Caltrans Standard Specifications & Drawings and applicable requirements set forth in the City Standard Specifications & Drawings.

B. Submittals shall be in accordance with Specification Section 01 33 00 – Submittal Procedures.

C. Contractor shall submit the following information for review and approval by the Engineer:

1. Mix Design as described in Section 39-2.01A(3)(b).

2. Shop Drawings.

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3. Product Data of proposed Materials:
(a) Aggregate Base
(b) Asphalt Binder

4. Contractor shall submit copies of Quality Control testing laboratory reports verifying that the aggregate material conforms to the specified gradations or characteristics.

5. Certificates of Compliance and Competence by the Contractor performing the work.

D. Delivery & Storage

1. Asphalt pavement delivery:
(a) Transport the mixture from the mixing plant to the point of use in vehicles having tight bodies previously cleaned of all foreign materials. (b) Treat bodies as necessary to prevent material from sticking to the bodies.
(c) Cover each load with canvas or other suitable material of sufficient size and thickness to protect the asphalt mixture from the weather.

E. Project Conditions

1. Environmental requirements:
(a) Asphalt concrete:
(1) Place asphalt concrete only when surface is dry, when atmospheric temperature in the shade is 40 degrees Fahrenheit and rising, or above 50 degrees Fahrenheit if falling.
(2) Do not place asphalt concrete when weather is foggy or rainy nor when base on which material is to be placed is in wet or frozen conditions or when, in the opinion of the E ngineer, weather conditions will prevent proper handling, finishing, compaction of the mixtures.

PART 2 PRODUCTS

2.1 ASPHALT CONCRETE MATERIALS
A. All materials shall be in conformance with the following requirements of the latest Caltrans Standard Specification:

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Material Requirements
Asphalt Aggregate Section 39-2.02B(4), 3/4-inch Aggregate as specified in 39-2.02B(4)(b)
Asphalt Concrete Section 39-2.02B(2), Type A Hot Mixed Asphalt (HMA)
Asphalt Binder Section 92, PG 64-10
Tack coat Asphalt Binder specified herein
B. A minimum of 6 inches of aggregate base or as shown on the Drawings, whichever is thicker, will be placed below all new asphalt paving.

2.2 EQUIPMENT
A. Spreading and compacting equipment shall comply with Section 39-2.01C(2) B. Tack Coat Application Equipment shall comply with Section 37-1.03B PART 3 EXECUTION

3.1 EXAMINATION
A. Verification of conditions: Verify surfaces and site conditions are ready to receive work.

If unsatisfactory conditions exist, do not commence installation until such conditions have been corrected. Beginning application means acceptance of existing conditions.

3.2 PREPARATION
A. Protection

1. Protect concrete pavements and walks, curbs and bases, and other improvements adjacent to the operations with suitable materials.

2. Building and other surfaces shall be covered with paper or other protection, when required.

3. Contractor shall be responsible for any damage caused by Contractor’s employees. All damage caused by the Contractor’s operations shall be repaired to the satisfaction of the Engineer at no additional cost to City.

B. Asphalt Concrete Removal

1. All asphalt concrete pavement surface that has been removed, broken or damaged shall be completely re-paved in accordance with the requirements stated herein unless otherwise noted in the Contract Documents.

2. Existing pavement shall be saw cut and removed clean in accordance with City Standard Specifications & Drawings, and Caltrans Standard Specifications. The Contractor shall coordinate with the Engineer to determine the full extent of pavement restoration/removal.

3. All asphalt paving shall be cut to a neat, straight line and the exposed edge shall be tacked with emulsion prior to paving. The exposed base material shall

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be graded, recompacted, and resealed prior to paving. Reference the Contract Drawings or City Standard Specifications & Drawings for compaction requirements.

4. Removed asphalt shall be disposed from the work site at the Contractor’s expense. Removed asphalt shall not be used as backfill material on-site.

5. Reclaimed asphalt material may be used on the Work site only with written approval from the City’s Representative/Engineer. Reclaimed asphalt is asphalt that has been removed with a “grinding machine” and mixed with aggregate material to meet pre-approved requirements.

C. Preparation of Subgrade

1. Subgrade shall be prepared in accordance with the Contract Drawings.

2. Shape subgrade to line, grade, and cross section shown in the drawings.

3. Scarify subgrade to 6 inches depth below the finished subgrade elevation.

Compact to 95 percent relative compaction.

4. Immediately prior to applying tack coat, or immediately prior to placing the asphalt pavement when tack coat is not required, the subgrade to receive asphalt pavement shall conform to the compaction requirement and elevation tolerances specified for the material involved and shall be cleaned to remove any loose or extraneous material.

5. If the asphalt pavement is placed on an existing base or pavement which was not constructed as part of the contract, the Contractor shall clean the surface by sweeping, flushing, or other means to remove all loose particles of paving, all dirt and all other extraneous material immediately before applying the tack coat.

6. The finished subgrade shall be within a tolerance of 0.05 of a foot of the grade and cross section shown and shall be smooth and free from irregularities and at the specified relative compaction.

D. Placement of Aggregate Base Course

1. Place aggregate base course to a minimum thickness as shown on the Contract Drawings . Compact to 95% relative compaction and install in accordance with Caltrans Standard Specification Section 26.

3.3 TACK COAT APPLICATION
A. A tack coat of asphaltic binder shall be applied to all vertical surfaces of existing pavement, curbs, gutters, and construction joints in the surfacing against which new asphalt concrete is to be placed, or as otherwise specified in this Section.

B. Tack coat shall be applied in one application at a rate of 0.1 gallons per square yard of surface covered.

C. Tack coat application rates for HMA shall be applied as shown in the table below.

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HMA over:

Minimum Residual Rate
for Asphalt Binder
(gal/ sq yd)
New HMA (between layers) 0.02
Concrete pavement and existing asphalt
concrete surfacing 0.03

D. Apply tack coat on surfaces to receive finish pavement per Caltrans Standard Specifications 39-2.01C(3)(f). Apply tack to metal or concrete surfaces that will be in contact with the asphalt concrete paving.

3.4 ASPHALT PAVEMENT INSTALLATION
A. Construction of asphalt pavement must comply with Caltrans Specification Section 39 -

2.02C.

B. Segregation shall be avoided and the surfacing shall be free of pockets of coarse or fine material. Asphalt pavement containing hardened lumps shall not be used:

1. In areas inaccessible to paving and compacting equipment where spreading is done by hand, minimize the amount of segregation.

C. Location of longitudinal joints in the top layer will be determined by the Engineer and shall not adversely affect the quality of the finished product.

D. At all locations, or as directed by the Engineer, the asphalt concrete shall be square.

Tapering or feathering is not allowed.

3.5 SURFACE TOLERANCE
A. Finished grade shall not deviate more than 0.02 foot in elevation from the grade indicated in the drawings. Slopes shall not vary more than ¼ inch in 10 feet from the slopes shown in the drawings.

3.6 TRAFFIC AND PARKING LOT STRIPING AND MARKING PAIN T APPLICATION (IF

REQUIRED AND IF INDICATED ON THE DRAWINGS)
A. Apply in accordance with Caltrans Standard Specification Section 84.

3.7 FIELD QUALITY CONTROL
A. The Contractor shall control the quality of Work and shall provide adequate testing to assure compliance with these Specifications.

B. See Section 39-2.02A(4)(e) for in place testing requirements for acceptance.

C. Cracks, settling of surface, improper drainage, improper compaction, and sloppy connection to previously laid surfaces will be construed as improper workmanship and will not be accepted.
** END OF SECTION **

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-1- 33 10 00

SECTION 33 10 00

WATER UTILITIES
PART 1 GENERAL

1.1 SUMMARY
A. Furnish all labor, material, equipment, tools, and incidentals necessary for water utilities work as shown on the drawings and as specified in this section including installation of coupling adapters, Fire Service Lateral, Post Indicator Valve, Backflow Preventer, Fire Hydrant, and Gate Valve. Section also includes installation, disinfection, and testing of all portions of the potable water transmission and distribution piping system, including any portion of the existing system that is introduced to a source of contamination during construction activities.

1.2 REFERENCES
A. This section contains references to some or all of the following documents, most recent edition. They are a part of this section as specified and modified. In case of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail.

1. American Association of State Highway and Transportation Officials (AASHTO)

2. American National Standards Institute (ANSI)

3. American Society of Mechanical Engineers (ASME)

4. ASTM International (ASTM)

5. American Water Works Association (AWWA)

6. City of Milpitas Standard Specifications

7. NSF/ANSI Standard 61 Drinking Water System Components (NSF 61)

1.3 RELATED SECTIONS
A. Section 31 23 33 – Trenching and Backfilling.

1.4 RELATED DOCUMENTS
A. ASTM:

1. D 1785: Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120.

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2. D 2564: Standard Specifications for Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Piping Systems.

B. AWWA:

1. C219: Bolted Sleeve-Type Couplings for Plain-End Pipe.

2. C500: Metal-Seated Gate Valves for Water Supply Service.

3. C502: Dry-Barrel Fire Hydrants.

4. C503: Wet-Barrel Fire Hydrants.

5. C504: Rubber -Seated Butterfly Valves, 3 In. (75 mm) through 72 In. (1,800 mm).

6. C507: Ball Valves 6 In. through 60 In. (150 mm Through 1,500 mm).

7. C508: Swing-Check Valves for Waterworks Service, 2 -In. Through 48-In. (50-mm Through 1200-mm) NPS.

8. C509: Resilient-Seated Gate Valves for Water Supply Service.

9. C511: Reduced-Pressure Principle Backflow Prevention Assembly.

10. C512: Air Release, Air/Vacuum, and Combination Air Valves for Water and Wastewater Service.

11. C550: Protective Interior Coatings for Valves and Hydrants.

12. C605: Underground Installation of Polyvinyl Chloride (PVC) and Molecularly Oriented Polyvinyl Chloride (PVCO) Pressure Pipe and Fittings.

13. C606: Grooved and Shouldered Joints.

14. C651: Disinfecting Water Mains.

15. C800: Underground Service Line Valves and Fittings.

16. C900: Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 In. Through 60 In. (100mm Through 1,500 mm).

17. C901: Polyethylene (PE) Pressure Pipe and Tubing, ½ In. (13mm) Through 3 In. (76mm) for Water Service.

18. C905: Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 In. Through 48 In. (350 mm Through 1,200 mm) for Water Transmission and Distribution.

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19. C906: Polyethylene (PE) Pressure Pipe and Fittings, 4 In. Through 65 In. (100 mm Through 1,650 mm), for Waterworks.

20. C907: Injection-Molded Polyvinyl Chloride (PVC) Pressure Fittings, 4 In.

Through 12 In. (100 mm Through 300 mm), for Water, Wastewater, and Reclaimed Water Service.

21. M23: PVC Pipe – Design and Installation.

C. City of Milpitas, Engineering Division, Standard Drawing and Standard Specification

1.5 DEFINITIONS
A. AASHTO: American Association of State Highway and Transportation Officials.

B. ASTM: American Society for Testing Materials.

C. AWWA: American Waterworks Association
D. DI: Ductile iron.

E. DIP: Ductile iron pipe.

F. FM: Factory Mutual.

G. NFPA: National Fire Protection Association.

H. NSF: National Sanitation Foundation.

I. PCC: Portland cement concrete.

J. PE: Polyethylene.

K. PVC: Polyvinyl Chloride.

L. UL: Underwriters Laboratory.

1.6 SYSTEM PERFORMANCE REQUIREMENTS
A. Minimum Internal Pressures: As indicated on plans.

B. External Load: Earth load indicated by depth of cover plus AASHTO H20 live load unless indicated otherwise.

1.7 SUBMITTALS
A. Follow submittal procedures outlined in Section 00 72 13 – General Conditions.

B. Submit in accordance with Section 01 33 00.

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C. Shop Drawings: Submit product data from the manufacturer on all materials and products proposed for use, review and approval by the City shall include, but not limited to, the following items:

1. Piping materials and fittings.

2. Pipe couplings.

3. Flexible pipe fittings.

4. Restrained pipe fittings.

5. High deflection fittings/ball joints.

6. Expansion joints.

7. Flexible expansion joints.

8. Gate, Butterfly, Check, Air and vacuum relief, Blow-off, Pressure reducing and sustaining, and Ball valves.

9. Fire hydrants.

10. Precast valve boxes and box covers.

D. Shop drawings: Include plans, elevations, details and attachments.

1. Precast and cast in-place vaults and covers.

2. Wiring diagrams for alarm devices.

E. Field test reports: Indicate and interpret test results for compliance with the Project requirements.

F. Shop Drawings:

1. Layouts and Schematics: Submit certified drawings showing all details of pipe coupling adapters. The drawings shall include all details of construction, coupling size, adapter sizes, materials of construction, weld sizes, mounting dimensions, and overall space requirements.

2. Submit materials list, catalog data, and cutsheets naming each product to be used, identified by manufacturer and type number.

G. Manuals: The Contractor shall furnish manufacturer’s installation, operation and maintenance manual, bulletins, and spare parts lists for each item.

H. Affidavits and Certificates of Compliance:

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1. Submit affidavits from the manufacturer for the following items, attesting that the products are manufactured and tested according to the specified standards:

I. All items that are submitted for use in potable water systems including, but not limited to, pipes, valves, linings, solvent cements, welding materials, gaskets and gasket lubricants shall (in accordance with section 64591 of the California Water Works Standards) be NSF 61 certified for use in potable water systems and must be in compliance with State of California Assembly Bill (AB) 1953 and contain less than 0.25 percent (0.25%) lead by average weight. Submit proof of NSF 61 and lead-free certifications for each item submitted.

J. Disinfection: The Contractor shall submit , disinfection schedule and procedures including:

1. "Normal" disinfection procedure.

2. Emergency disinfection procedure for mains and services which must be returned to service immediately.

3. Disinfection schedule including number and type of services and length of disruption of service.

4. Disinfecting agent(s).

5. Method of disposal of chlorinated water.

K. Testing: The Contractor shall prepare and submit to the Engineer schedules and procedures for testing of all parts of the water main installed in accordance with these Contract Documents. The schedule shall be submitted seven days prior to any testing.

1.8 QUALITY ASSURANCE
A. Comply with requirements of utility supplying water. Do not operate existing valves or tap existing piping without written permission and/or presence of utility company representative.

B. Comply with the following requirements and standards:

1. NSF 61: “Drinking Water System Components -Health Effects” for materials for potable water.

2. NFPA 24: “Standard for the Installation of Private Fire Service Mains and Their Appurtenances” for materials, installations, tests, flushing, and valve and hydrant supervision.

3. NFPA 70: “National Electric Code” for electrical connections between wiring and electrically operated devices.

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C. Provide listing/approval stamp, label, or other marking on piping and specialties made to a specified standard.

1.9 MATERIAL DELIVERY, STORAGE AND HANDLING
A. Preparation for Transport: Prepare valves , including fire hydrants, according to the following:

1. Ensure that valves are dry and internally protected against rust and corrosion.

2. Protect valves against damage to threaded ends and flange faces.

3. Set Valves in best position for handling. Set valves closed to prevent rattling.

B. Deliver piping with factory -applied end -caps. Maintain end -caps through shipping, storage and handling to prevent pipe end damage and to prevent entrance of dirt, debris and moisture.

C. Handling: Use slings to handle valves and fire hydrants whose size requires handling by crane or lift. Rig valves to avoid damage to exposed parts. Do not use handwheels or stems as lifting or rigging points.

D. During Storage: Use precautions for valves, including fire hydrants according to the following.

1. Do not remove end protectors, unless necessary for inspection, then reinstall for storage.

2. Protection from Weather: Store indoors and maintain temperature higher than ambient dew -point temperature. Store indoors and maintain temperature higher than ambient dew point temperature. Support off the ground or pavement in watertight enclosures when outdoor storage is necessary.

E. Do not store plastic pipe and fittings in direct sunlight.

F. Protect pipe, fittings, flanges, seals and specialties from moisture, dirt and damage.

G. Protect linings and coatings from damage.

H. Handle precast boxes, vaults and other precast structures according to manufacturer’s written instructions.

I. Protect imported bedding and backfill material from contamination by other materials.

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1.10 COORDINATION
A. Coordinate connection to existing water mains, shutdowns, testing, water main and lateral construction with the City’s project inspector and engineer.

B. Coordination with the Well Facility’s utility connection.

1.11 SITE CONDITIONS
A. Existing Utilities: Locations of existing pipelines, utilities and substructures shown on the Drawings are approximate. It shall be the Contractor's responsibility to contact all owners of lines and structures that may interfere with the work.

Contact Underground Service Alert (1 -800-642-2444) at least 48 hours before commencing work. It is the Contractors responsibility to pothole and locate existing utilities before construction is started to verify that no conflicts exist. It is the Contractors responsibility to notify the City of any conflicts with each location verified with horizontal and vertical information noted. If uncharted or incorrectly charted piping or other utilities are encountered during excavation, consult the City immediately. Cooperate with the City and utility agencies to keep services and facilities in operation. Repair damaged substructure to the satisfaction of the City at no additional cosy. Do not interrupt existing utilities serving facilities occupied and used by others, except when permitted in writing by the City or private utility owner(s) and then only after acceptable temporary utility services have been provided.

B. Conflicts: Do not prepare any shop drawings for, or make final order for, or design any pipe materials, structures, or swales for any particular section of work until utilities in that section of work have been exposed and until such time as no interferences are found between said existing utilities and the proposed improvement. If interferences are found, do not prepare any shop drawings for, or make final order for, or design any pipe materials, structures, or swales for that particular section of work until the alignment has been modified by the Engineer to eliminate such interferences.

C. Protection: Ensure the safe passage of persons around the area of work.

Conduct operations to prevent damage to adjacent buildings, struc tures, utilities, other facilities, and injury to persons. See Special Provisions for additional information regarding building access.

D. Damage: Promptly repair damages caused to adjacent facilities by demolition operations at no cost to City.

PART 2 PRODUCTS

2.1 CONTRACTOR’S RESPONSIBILITY FOR MATERIAL
A. The Contractor shall carefully examine all material for defects. Material which is known, or thought, to be defective shall not be installed.

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B. The Engineer reserves the right to inspect all material and to reject all defective material shipped to the job site or stored on the site. Failure of the Engineer to detect damaged material shall not relieve the Contractor from his total responsibility for the completed work if it leaks or breaks after installation. Lay all defective material aside for final inspection by the Engineer to determine if corrective repairs may be made, or if the material is to be rejected. The Engineer shall determine the extent of the repairs.

C. Contractor to classify defective pipe prior to Engineer 's inspection as follows:

1. Damage to interior and/or exterior paint seal coats.

2. Damage to interior cement-mortar lining.

3. Insufficient cement-mortar lining thickness.

4. Poor quality interior paint seal coat.

5. Pipe out of round.

6. Damaged pipe barrel area to a point where pipe class thickness is reduced.

7. Denting or gouges in plain end of pipe.

D. The Contractor shall be responsible for all material, equipment, fixtures and devices furnished and such materials, equipment, fixtures and devices shall comply with the requirements and standards of all Federal, State and local laws, ordinances, codes, rules and regulations governing safety and health.

E. The Contractor shall be solely responsible for the safe storage of all material furnished to or by him until it has been incorporated in the completed project and accepted by the Engineer.

F. Pipe, fittings, valves, hydrants and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against other pipe. Handling of this material is to be in accordance with AWWA C600 for ductile iron pipe and C605 for PVC pipe.

G. Keep fittings and valves drained and stored before installation.

2.2 TRANSITION COUPLINGS
A. General: For typical pipe joints, refer to the City of Milpitas Standard Specifications and Drawings. Other joint devices shall be furnished where called for on the Contract Documents.

B. Unless otherwise indicated on the Contract Documents or directed by the City’s Representative, transition couplings shall be restrained, bolted, sleeve -type steel

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or ductile iron couplings conforming to AWWA C219 with fusion bonded epoxy (FBE) coating, and stainless steel hardware; designed and rated for use on the intended pipe materials and sizes. Couplings designed and rated for use as insulating couplings shall be used for insulated connections. Minimum body length for transition couplings shall be twelve inches (12”). Any new style transition coupling must be approved by the City prior to installation.

C. Transition Couplings and Flange Coupling Adaptors:

1. Sleeve Bolts: Type 304 stainless steel.

2. Pressure Rating: 250 psi minimum.

3. Performance: Longitudinal movement and angular deflection capabilities shall meet AWWA C219.

4. Flanged Coupling Adaptors: Match mating flanges. If required by connecting valves or other devices, provide flanges with inside diameter equal to nominal pipe diameter. Shall be restrained, rated for the two adjoining pipe materials. FBE coated. Stainless steel hardware. Minimum

4.0 degrees of allowable joint deflection at each connection.

5. Manufacturers:
(a) Romac
(b) EBAA Iron
(c) Dresser
(d) Baker
(e) Or approved equal.

D. Gaskets: SBR rubber.

E. Fusion Epoxy Coating: Materials and application shall be in accordance with AWWA C213, except application shall be by fluid bed method only unless the greatest dimension of the article to be coated exceeds 10 feet, in which case electrostatic spray method may be used.

2.3 POLYVINYL CHLORIDE WATER PIPE
A. No fusible PVC pipe allowed.

B. Pipe: Polyvinyl chloride pressure pipe, cast iron pipe outside dimensions. Pipe shall be UL listed or Factory Mutual Approved.

1. 4-inch through 16-inch: AWWA C900-22.

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C. Pressure Class 305, DR 14.

D. Pipe joints: Bell and spigot (push-on) gasketed.

E. Gaskets: As supplied by manufacturer for PVC pipe in compliance with ASTM F477.

2.4 FITTINGS
A. Standard fittings shall be ductile iron conforming to ANSI/AWWA C110/A21.10.

B. Working Pressures: Fittings shall be pressure class 250 psi.

C. The fittings shall be coated with a bituminous coating in accordance with ANSI/AWWA C110/A21.10 and lined inside with cement mortar and seal coated in accordance with ANSI/AWWA C104/A21.4.

D. All fittings shall be covered by two coats of 15 mil mastic and encased with two wraps of 8 mil polywrap and 10 mils polywrap tape.

E. Mechanical joints including accessories shall conform to NSI/AWWA C111/A21.11.

F. Flanged joints shall meet the requirements of ANSI/AWWA C115/A21.15 or ANSI B16.1. Flanged joints shall not be used in underground installations except where shown on the Contract Drawings.

G. All flanged joints shall be furnished with a minimum 1/8 -inch, thick red rubber or styrene butadiene full face rubber gasket. The bolts shall have American Standard heavy unfinished hexagonal head and nut dimensions all as specified in ANSI B18.2. For bolts of 1-3/4-inches in diameter and larger, bolt studs with a nut on each end are recommended. Material for bolts and nuts within structures shall conform to ASTM A107. Material for flange bolts and nuts which will be buried shall be ASTM A304 stainless steel, Grade B, with a minimum yield strength of 35,000 psi. Stainless steel bolts shall be furnished with grade stamp and markings.

H. Each fitting shall have marked plainly:

1. Pipe Class

2. Date of Manufacture

3. Manufacturer's name or trademark

4. On bends, the angle turned thereby

5. Manufacturer's identification number

2.5 RETAINING GLANDS

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A. All retaining glands for connection to PVC pipe shall be Series 2000PV Megalug gland as manufactured by EBBA Iron; equivalent by Uni -Flange; or approved equal. Pressure ratings shall be 250 psi.

2.6 LARGE-SIZE SERVICE AND DISTRIBUTION PIPES
A. PVC Pipe: Sizes 4-inch through 48-inch.

1. No fusible PVC pipe allowed

2. Pipe:
(a) 4-inch through 12-inch: AWWA C900.

3. Fittings: DI conforming to 2.02 above.

4. Pressure Class 305, DR 14

5. Unrestrained Joints:
(a) Push-On Bell and Spigot Joint: AWWA C900.

6. Gaskets: As supplied by manufacturer for PVC in compliance with ASTN F477.

7. Restrained Joints:
(a) Push-On Bell and Spigot Joint: Harness assembly as
manufactured by Ebaa Iron (Eastland, Tx) (Tel. 800 -433-1716) or approved equal.
(b) Plain End PVC to DI Mechanical Joint: Ebaa Iron (Eastland, Tx) (Tel. 800-433-1716) or approved equal.

8. Steel or Ductile Iron Couplings:
(a) Plain End Pipe to Plain End Pipe: Ductile iron or steel bolted couplings, manufacturer’s shop coating with low alloy steel bolts and nuts. Steel couplings to conform to AWWA C219. Smith -Blair, Inc, (Texarkana, AR) (Tel. 501 -773-5127), Dresser (Bradford, PA) (Tel.-814-368-3131) or approved equal.
(b) Plain End Pipe to DI or Steel Flanged Pipe: Ductile iron or steel bolted flanged coupling adapters, manufacturer’s shop coating with low alloy steel bolts and nuts. Steel flanged couplings to conform to AWWA C219. Smith -Blair, Inc, (Texarkana, AR) (Tel. 501-773-5127), Dresser (Bradford, PA) (Tel. -814-368-3131) or approved equal.

9. PVC Couplings

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(a) Unrestrained Plain End to Plain End Pipe: AWWA C900, as manufactured by CertainTeed (Valley Forge, PA) (Tel. 610 341 - 6820) or approved equal.
(b) Restrained Plain End to Plain End Pipe: AWWA C900, “Certa - Lock” as manufactured by CertainTeed (Valley Forge, PA) (Tel. 610 341-6820) or approved equal.

2.7 HIGH DEFLECTION FITTINGS/BALL JOINTS
A. Plain End Pipe: Xtra Flex Restrained Joint High Deflection Fittings, 4 -inch through 24-inch, U. S. Pipe, (Birmingham, AL) (Tel. 205 -254-7442) or approved equal.

B. Mechanical or Flanged Joint: Flex 900, 4 -inch through 12-inch, Ebaa Iron Sales, (Eastland, TX) (Tel. 800-433-1716) or approved equal.

2.8 EXPANSION JOINTS
A. TR Flex Joints: TR Flex Telescoping Sleeve, 4 -inch through 64 inch, U. S. Pipe, (Birmingham, AL) (Tel. 205-254-7442).

B. Mechanical or Flanged Joint: Ex -Tend 200, 4 -inch through 36 -inch, EBAA Iron Sales, (Eastland, TX) (Tel. 800-433-1716) or approved equal.

2.9 FLEXIBLE EXPANSION JOINTS
A. Plain End to Plain End Pipe: “Xtra Flex,” sizes 4-inch through 24-inch, U. S. Pipe, (Birmingham AL) (Tel. 205-254-7442) or equal.

B. Flanged or mechanical Joint: “Flex -Tend,” sizes 3 -inch through 48 -inch, Ebaa Iron (Eastland TX) (Tel. 800-433-1716) or equal.

C. Flanged Joint: Starflex, Series 500, Star Pipe Products, (Tel. 800 -999-3009) or equal.

2.10 SERVICE CONNECTIONS AND WATER METERS
A. Water services (2 -inch or smaller) shall conform to City Standard Drawing No. 722, 723, 724 or 726 as shown per the Contract Drawings.

B. The letter "W" shall be stamped or chiseled on the face of curb directly over the point where the service crosses the curb line.

2.11 FIRE HYDRANTS
A. Fire hydrants shall be Clow 960 series or approved equal per City Standard Drawing No. 742, as shown per the Contract Drawings.

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B. Top of fire hydrant bury shall include a breakaway check valve, below the break off riser. Breakaway check valve shall be Clow model LBI 400A or approved equal.

C. The two and one -half inch (2 -1/2") outlet shall have National Standard Hose Threads. The steamer outlet shall be four inches (4") and shall have California Standard Hose Threads.

D. Fire hydrants shall be given three (3) coats of yellow enamel, in compliance with Federal Color Specification TT-C-595, Color No. 1305. Paint shall be heavy duty synthetic plastic industrial enamel.

2.12 FIRE HYDRANTS
A. Wet Barrel: AWWA C503, details as indicated.

B. Dry Barrel: AWWA C502, details as indicated.

2.13 REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER
A. Provide as indicated and as required by State or local agency.

B. General: AWWA C511, with OS gate valve on inlet and outlet, and strainer on inlet. Include test cocks and pressure-differential relief valve with ASME A112.1.2 air gap fitting located between 2 positive -seating check valves for continuous - pressure application.

C. Body:

1. 2-Inch and Smaller: Bronze with threaded ends.

2. 2-1/2-Inch and Larger: Bronze, cast iron steel, or stainless steel with flanged ends.

D. Interior Lining: AWWA C550, epoxy coating for cast iron or steel bodies.

E. Interior Components: Corrosion-resistant materials.

F. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Project include, but are not limited to, the following:

1. Cla-Val Company (Newport Beach, CA) (Tel. 714-548-2201).

2. Ames Company (Woodland, CA) (Tel. 916-666-2493).

3. Febco, CMB Industries, Inc. (Fresno, CA) (Tel. 559-252-0791).

4. Hersey Products, Inc. (Dedham, MA) (Tel. 617-326-9400).

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2.14 DOUBLE CHECK DETECTOR ASSEMBLY
A. FM approved or UL listed, with OS&Y gate valve on inlet and outlet, and strainer on inlet. Include two positive -seating check valves and test cocks, and bypass with displacement -type water meter, valves, and double -check backflow preventer, for continuous pressure application.

B. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Project include, but are not limited to, the following:

1. Cla-Val Company (Newport Beach, CA) (Tel. 714-548-2201).

2. Ames Company (Woodland, CA) (Tel. 916-666-2493).

3. Febco, CMB Industries, Inc. (Fresno, CA) (Tel. 559-252-0791).

4. Hersey Products, Inc. (Dedham, MA) (Tel. 617-326-9400).

2.15 POST INDICATOR VALVE
A. General: UL 789, FM approved, vertical -type, cast -iron body with operating wrench extension rod, and adjustable cast-iron barrel of length required for depth of bury of valve. Review fire department connection with agency having jurisdiction. Check hose threads and all sizes with fire department.

B. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Project include, but are not limited to, the following:

1. Mueller Co. (Decatur, IL) (Tel.800-423-1323).

2. Clow Corporation (Oskaloosa, IA).

2.16 FIRE DEPARTMENT CONNECTION
A. Exposed, Freestanding Fire Department Connection: UL 405, cast brass body with threaded inlets according to NFPA 1963 and matching local fire department hose threads and threaded bottom outlet. Include lugged caps, gaskets and chains; lugged swivel connections and drop clapper for each hose -connection inlet; 18 -inch high brass sleeve; and round escutcheon plate. Four 2 -1/2-inch NPS inlets and 4-inch NPS outlet.

2.17 GATE VALVES
A. All valves shall be the product of one manufacturer.

1. All gate valves shall be non -rising stem, resilient edge valves with a 2 - inch square operating nut that conform to the requirements of AWWA C509 and Mueller A-2360-20 or -38, or approved equal.

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B. All valves shall be furnished with control assembly and operators, as specified herein or as shown on the Contract Documents.

C. All valve stem operators shall open by turning the valve stem counter-clockwise.

D. Valve sizes are nominal inside diameter unless otherwise noted.

E. All materials delivered to the project site shall be new, free from defects, and marked to identify the material, class, and other appropriate data.

F. End Connections:

1. Provide the type of end connections for valves as required in the Contract Drawings.

2. Comply with the following standards:
(a) Flanged: ASME B16.1, Class 150 unless otherwise noted or AWWA C207.
(b) Bell and spigot or mechanical (gland) type: AWWA/ANSI C111/A21.11
G. Bolts, Nuts, and Hardware: Unless specified otherwise herein, flange bolts and nuts, coupling bolts and nuts, tie rods, and other hardware shall be as follows:

1. Exposed: Type 316 stainless steel, minimum tensile strength: 60,000 psi.

2. Buried: Type 316 stainless steel, minimum tensile strength: 60,000 psi.

3. Type 316 stainless steel bolts and nuts hardware shall be used one time per application. Reusing Type 316 stainless steel hardware will not be permitted.

4. Mechanical joint hardware shall be high strength, low alloy steel.

5. Apply an anti-seize compound to all bolt threads.

6. All bolts shall be torqued to manufacturer’s recommendations.

H. Gaskets: shall be one-eighth (1/8) inch thick, full-faced type, made of EPDM.

I. Fusion Epoxy Coating: Materials and application shall be in accordance with AWWA C213, except application shall be by fluid bed method only unless the greatest dimension of the article to be coated exceeds ten (10) feet, in which case electrostatic spray method may be used.

2.18 VALVE BOXES

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A. Valve boxes shall be specified as defined in the City of Milpitas Standard Specifications and Drawings.

2.19 TRACER WIRE
A. General: Minimum #12 AWG stranded copper wire with blue THW, THWN, or THHN rated insulation.

B. Place metallic tracing wire on all non -metallic water lines per City Standard Drawing No. 752 as shown per Contract drawings.

2.20 WARNING TAPE
A. General: Non -detectable 3 -inch warning tape made of solid blue film with continuously printed black -letter message reading “CAUTION —WATER LINE BURIED BELOW.”

2.21 MATERIAL FOR FACILITY ABANDONMENT
A. CLSM for abandonments shall be 1 ½ - 90 pound sack of Portland Cement per cubic yard of sand slurry. CLSM shall have an unconfined compressive strength of 100 psi or less.

2.22 CORROSION PROTECTION
A. Corrosion protection shall meet the requirements of these specifications and the special provisions and/or drawings. Where corrosion protection requirements for ferrous metal directly buried has not been specifically required on the plans or specified in detail, a mastic or tape coating shall be applied per manufacturer's recommendation. The determination of the type of coating to be applied in each instance shall be made by the Engineer.

B. Ferrous metal items to be protected shall include, but not be limited to, valves, fittings, service lines, reinforcing steel anchor rods, flexible couplings, bolts, and nuts, flanges, saddles, tapping sleeves, hydrant buries, and plugged end and blow off assemblies.

C. Mastic and tape coated ferrous metal shall also be protected with polywrap, as detailed below.

D. All copper and brass parts (for example: water service lines) shall be isolated from contact with steel and cast iron mains by installation of an insulating bushing, coupling, union or flange. Copper piping or any copper or brass part shall not be permitted to contact steel or cast iron pipe at any point. If contact is unavoidable, the copper or brass part shall be mastic or tape coated.

E. All cast iron, steel or other ferrous metal shall be insulated from any concrete structure, such as footings, anchor blocks, encasements or structure walls using mastic, tape coating or other specified coating system extending 6 inches beyond the concrete.

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F. All coatings shall be continuous and unbroken, pinhole and holiday free (continuous internal lining through the joint). Apply protective coatings over a properly prepared surface.

G. All hardware (including but not limited to bolts, nuts, and washers) shall be stainless steel.

H. All exposed steel, buried steel lugs, rods, brackets and flanged joint bolts and nuts shall be given two (2) coats of mastic coating, prior to backfilling.

I. Mastic Coating : This protective coating is a coal tar synthetic resin solvent release, cold applied coating. The mastic coating may be applied with spray equipment or by hand with brush or rubber gloves. A two coat system shall be applied. The metal surfaces shall first be cleaned of all loose scale, dirt and other foreign matter. No primer is required before application. Each coat shall be applied to produce a minimum wet film thickness of 15 mils with a minimum of two hours allowed between application of coatings. The second coat shall be allowed to dry a minimum of three hours before the backfilling operation begins.

J. Tape Coating: Apply tape coating over a clean surface (no loose rust, scale, dirt, oil or grease). Apply two layers, each layer lapped 1/2 inch, or half lapped if the tape is less than one inch wide. Apply the tape immediately on the wet primer and pull tight enough to conform to the surface being coated. Tape coating shall be Protecto Wrap No. 200, 46 mils thickness applied with Protecto Wrap No. 1170 primer, or approved equal.

K. Polywrap: Polyethylene protective wrapping shall consist of two wraps of 8 mils thick sheets and 10 mils polywrap tape. The material shall be wrapped completely and the edges shall extend 6" beyond area to be protected. The edges shall be secured with 10 mils thick, one inch wide Scotchwrap as manufactured by Minnesota Mining and Manufacturing Co., or approved equal.

L. Coal Tar Epoxy Coating System: This coating system is a cold-applied catalyzed- epoxy coating modified by combining coal tar pitch with the epoxy resin, plus solvents and pigments. The coating material shall be "Target" (manufactured by Pittsburgh Coke and Chemical Company) or approved equal. Application and testing methods shall be as recommended by manufacturer.

M. Electrolysis station construction shall be in accordance with City Standard Drawing No. 702

2.23 DISINFECTION
A. The Contractor shall furnish all material and equipment as needed to complete the disinfection of all pipelines.

B. All materials and equipment shall be in accordance with AWWA C651 and AWWA B300.

2.24 TESTING

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A. The Contractor shall furnish all labor, materials and equipment for performing these tests in the presence of the Engineer, including pump, pipe connections, calibrated pressure gauges, test bulkheads, filling, draining, and air release connections and valves.

PART 3 EXECUTION

3.1 ADAPTERS INSTALLATION
A. Install per manufacturer instructions shown on Drawings and where required for ease of installation or removal or pipe, subject to approval of Engineer.

B. Use transition couplings to connect pipes with small differences in outside diameter.

3.2 ADAPTERS QUALITY CONTROL
A. Factory Quality Control: The manufacturer shall test all products as required herein and by the reference specifications.

B. The Contractor shall:

1. Perform leakage tests.

2. Be responsible for the costs of additional inspection and retesting by the City resulting from non-compliance.

3.3 INSTALLATION – GENERAL REQUIREMENTS
A. All pipe shall be laid true to line and grade as specified on the plans, or as directed by the Engineer to pass existing obstructions. Before any length of pipe is laid, it shall be carefully inspected for damage or defects. No pipe, or other material, which shows damage or defects shall be placed. Fittings, valves and hydrants shall be at the required locations with joints centered, spigots home and all valve and hydrant stems plumb and otherwise in strict accordance with the City Standard Specifications for Water Mains and Services.

B. All ferrous metal items shall be protected from corrosion and polyethylene encased as detailed in the City Standard Specifications for Water Mains and Services and as shown in these and Contract Plans.

C. No deviation shall be made from the required alignment, depth or grade except with the written consent of the Engineer.

D. A pipe shall be laid to the depth specified. The depth shall be measured from the final surface grade to the top of the pipe barrel. The minimum pipe cover shall be as shown on the Drawings or as specified in the Specifications.

E. Pipes, valves and fittings must be carefully wiped out and cleaned, as they are being laid so that no earth or rubbish may become lodged inside and this

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material shall be kept clean until the acceptance of the completed work. All ends, fittings or other openings shall be plugged to prevent entry of any foreign matter or water during construction.

F. Pipe shall be laid with the bell ends facing the direction of laying, except when reverse laying is specifically authorized by the Engineer. Maximum pipe laying length shall be 20 feet. Exercise care to ensure that each length abuts against the next in such manner that no shoulder or unevenness of any kind occurs in the pipe line.

G. No wedging or blockig is permitted in laying pipe unless otherwise noted or by written order of the Engineer.

H. Pipe shall be protected from lateral displacement by placing the specified pipe embedment material. Under no circumstances shall pipe be laid in water, and no pipe shall be laid under unsuitable weather or trench conditions. Before joints are made, bed each section of pipe the full length of the barrel with recesses excavated so pipe invert forms continuous grade with invert of pipe previously laid. Do not bring succeeding pipe into position until the preceding length is embedded and securely in place.

I. Dig bell holes sufficiently large to permit proper joint making and to ensure pipe is firmly bedded full length of its barrel.

J. Walking or working on completed pipeline, except as necessary in tamping and back-filling, is not permitted until trench is backfilled one -foot depth over top of pipes.

K. Take up and relay pipe that is out of alignment or grade, or pipe having disturbed joints after laying.

L. Take up and replace with new, such in -place pipe sections found t be defective.

Replacement work at Contractor’s expense.

M. Take necessary precautions to prevent the floating of the pipeline by the accumulation of water in the trench, or the collapse of the pipeline from any cause. Place enough backfill over the center sections of the pipe to prevent floating. Should floating or collapse occur, restoration will be at the Contractor’s expense.

N. Bedding materials for the pipe bedding shall be as detailed in City Standard Drawing No. 220 as shown per the Contract Drawings.

O. Take every precaution to prevent foreign material from entering the pipe while it is being placed. During laying operations, do not place debris, tools, clothing, or other materials in the pipe.

P. Carry out the cutting of pipe only with equipment specifically designed for that purpose such as an abrasive wheel, rotary wheel cutter, a guillotine pipe saw or a milling wheel saw. The use of chisels or hand saws will not be permitted. Cut

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ends and rough edges should be ground smooth and for push -on connections, the cut end should be beveled slightly.

Q. In distributing material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench.

R. If the pipe is to be strung out, it shall be done so in a straight line or in a line conforming to the curvature of the street. Each length of pipe shall be adequately blocked to prevent movement. Stockpiled pipe shall be adequately blocked to prevent movement. No pipe, material, or any other object shall be placed on private property, obstruct walkways or driveways, or in any manners interfere with the normal flow of traffic.

S. Special care shall be exercised, during handling temporary storage or construction to avoid damage to the bells, spigots or flanged ends. If damaged pipe cannot be repaired to the Engineer’s satisfaction, it shall be replaced at the Contractor’s expense.

T. The Contractor shall remove all existing pipe, fittings, valves, pipe supports and blocking and all other items necessary to provide space for making connections to existing pipe and installing all piping which is to be done under this contract.

U. The Contractor shall be responsible for maintaining the minimum required distance between the water line and other utility lines in strict accordance with all Federal, State and local requirements and all right-of-way limitations.

V. Deflections will be permitted up to 75% of the maximum allowed by the manufacturer’s recommendations.

W. Where shown on the Drawings, the Contractor shall furnish air relief valve assemblies in accordance with the details shown on the Contract Drawings.

Particular care shall be exercised to ensure that no high points are established where air can accumulate. In the event that unforeseen field conditions necessitate a change in the pipe profile and, in the opinion of the Engineer, the resulting change requires the installation of an air release valve and manhole, the Contractor shall obtain written approval of the Engineer to install the same as extra work to the Contract. If the Contractor requests a change in the pipe profile solely for ease of con -struction, and the requested change requires the installation of an air release valve and manhole as determined by the Engineer, then the cost of furnishing and installing the air release valve and manhole will be at the expense of the Contractor.

X. Rubber ring joints shall be installed in complete compliance with the recommendations of the manufacturer.

Y. Place metallic tracing wire on all non -metallic water lines per City Standard Drawing No. 752.

3.4 PIPE INSTALLATION

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A. General: Install pipe, fittings, and appurtenances utilizing best practices, manufacturer’s instructions, and in accordance with the following:

1. DIP: AWWA M41 and A WWA C600.

2. PVC pipe: AWWA M23 and AWWA C605.

3. Steel Pipe: AWWA M11.

B. Pipe Depth and Trench Configuration: Conform to elevations, profiles and typical trench section(s) indicated on the Drawings.

1. Water Main greater 6” shall have minimum 48” from Finish Surface.

2. Water Main less 6” shall have minimum 36” from Finish Surface.

C. Excavation, Bedding, Backfill, and Compaction:

1. Refer to:
(a) Section 31 23 33 – Trenching and Backfilling
(b) City Standard Drawing No. 220 and 222
(c) Geotechnical Exploration by Engeo dated October 7, 2019 D. Handling: Carefully handle during loading, hauling, unloading and placing operations to avoid breakage or damage. Use strap type slings for lifting and placing; no chains or hooks will be permitted. Comply with manufacturer’s recommendations.

E. Laying: Before lowering pipe into the trench, remove all stakes, debris, loose rock and other hard materials from the bottom of the trench. Lay accurately in conformance with lines and grades indicated. Lay pipe on a bed of bedding material specified and prepared by handwork, dug true to grade. Furnish firm bearing for pipe throughout it’s entire length with bell holes provided at the ends of each pipe length of sufficient size to permit making up the particular type of joint being used. Adjust pipe to line and grade by scraping away or filling and tamping material under the body of the pipe for the entire pipe length and not by blocking or wedging. After final positioning, hold pipe in place in trench with backfill material placed equally on both sides of the pipe at as many locations as required to hold the pipe section in place.

F. Curved Alignment: When necessary to conform to the alignment specifically indicated, lay pipe on a curved alignment by means of asymmetrical closure of joints or bending of the pipe barrel. If necessary, use shorter than the standard lengths of pipe to achieve curvature specified. Do not exceed the recommendations of the pipe manufacture for deflections at the joints or pipe bending.

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G. Closure: Close open ends of pipes and appurtenance openings at the end of each days work or when work is not in progress.

3.5 EXCAVATION
A. Excavations shall be done in accordance with City Standard Drawing No. 220 as shown per the Contract Drawings.

B. Trenches shall be excavated, either by hand or by machine. All trenches shall be excavated vertically and shall be of open construction. Tunneling will not be permitted, except where permission is given by the Engineer and the domensions and methods of construction and backfilling have been definitely approved by the Engineer.

C. All trenches shall be of sufficient width to provide free working space on each side of the pipe, but in no case shall it be wider than 1 -1/2 times diameter + 12”, except that 6-inch pipe may be laid in a 2 -foot tench. Where bracing and shoring is necessary, an additional width, as directed by the Engineer, will be allowed. In all cases, there shall be a 6” space between pipie and the sides of the trench to allow for backfill and compaction around the pipe.

D. If any trench is excavated below the bottom grade as required by the plans, it shall be refilled to grade, at the Contractor’s expense for all labor and material, with approved bedding material.

E. Material excavated in streets or roadways shall be laid alongside of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel.

F. At street crossings, or w here existing diveways occur on a street, the Contractor shall make provisions for ditch crossings at these points, either by means of backfill or temporary bridges as the Engineer may direct.

G. Free access must be provided to all fire hydrants, water gate valves, and private drives and means shall be provided whereby all storm and waste water can flow uninterrupted.

3.6 BRACING AND SHORING
A. Bracing and shoring shall be done in accordance with Federal, State, and Local laws and codes, the contract documents, Section E-11, and Article 18 – 00 72 13 of these Technical Provisions.

3.7 REMOVAL OF WATER AND/OR UNSTABLE MATERIAL FROM TRENCH A. Removal of water and/or unstable material from trenches shall be done in accordance with Section E -07 of these Technical Provisions and City Standard Drawing No. 220 as per the Contract Documents.

3.8 CONSTRUCTION METHODS TO AVOID CONTAMINATION

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A. Heavy particulates generally contain bacteria and prevent even very high chlorine con centrations from contacting and killing such organisms. It is essential that the proce dures of this section be observed to assure that a water main and its appur tenances are thor oughly clean for the final disinfection by chlorination.

B. Precautions shall be taken to protect the interiors of pipes, fittings, and valves against contamination. Pipe delivered for construction shall be strung so as to minimize entrance of foreign material. All openings in the pipeline shall be closed with watertight plugs when pipe laying is stopped at the close of the day's work or for other reasons, such as rest breaks or meal periods. Rodent -proof plugs may be used where it is deter mined that watertight plugs are not practical and where thorough cleaning will be performed.

C. Delay in placement of delivered pipe invites contamination. The more closely the rate of delivery is correlated to the rate o f pipe laying, the less like lihood of con- tamination.

D. Joints of all pipe in the trench shall be completed before work is stopped. If water accumulates in the trench, the plugs shall remain in place until the trench is dry.

E. No contaminated material or any material capable of supporting prolific growth of microorganisms shall be used for sealing joints. Sealing material or gaskets shall be handled in a manner that avoids contam ination. The lubricant used in the installation of seal ing gaskets shall be suitable for use in potable water. It shall be delivered to the job in closed containers and shall be kept clean.

F. If it is not possible to keep the pipe and fittings dry during installation, every effort shall be made to assure that any of the water that may enter the pipe joint spaces contains an available chlorine concentration of approximately 25 mg/L.

This may be accom plished by adding calcium hypochlorite granules or tablets to each length of pipe before it is lowered into a wet trench, or by treating the trench water with hypochlorite tablets.

G. If the main is flooded during construction, it shall be cleared of the flood water by draining and flushing with potable water until the main is clean. The sec tion exposed to the flood water shall then be filled with a chlorinated potable water that, at the end of a 24 hour holding period, will have a free chlorine resi dual of not less than 25 mg/L. The chlorinated water may then be drained or flushed from the main.

3.9 THRUST RESTRAINT
A. Provide all plugs, caps, tees, and bends (both horizontal and verti cal) with con - crete reaction backings. Tie rods and/or restrained joint pipe shall be provided where indicated on the Contract Drawings. Thrust blocks and anchor blocks shall conform to City Standard Drawings 702, 704, 706 and 742 as detailed on the Contract Drawings or as directed by the Engineer. Valves shall be provided with concrete encasement or joint restraint as detailed on the Contract Drawings.

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B. Temporary thrust restraint at temporary caps or plugs shall be the respon sibility of the Contractor. Submit details of temporary restraint to the Engineer for approval.

3.10 CONNECTING TO EXISTING PIPELINES
A. General: The new pipeline shall be connected to existing pipelines as indicated on the Contract Drawings, these Technical provisions, and City Standard Drawing No. 754. Connections shall be made by the Contractor only after inspector's approval of complete and satisfactory preparation for such work. The water released by cutting or opening existing pipelines shall be removed and the excavation kept dry at all times.

B. Where existing mains are provided with fittings for the purpose of connecting to the new main, the Contractor shall remove the plugs or bulkheads, clean the ends, prepare them for connection to the new main, and make the new joints.

Where existing mains are not provided with fittings for the purpose of connecting to the existing main which is to be abandoned, the Contractor shall remove the required amount of existing main and make the connection by means of fittings and sections of pipe, as shown on the drawings or as directed by the Engineer.

C. Shutdowns of existing in -service pipelines will be made as required to complete pipeline connections. A shutdown shall be for as short a period as possible and will be scheduled at such a time during a regular working day that interference with the use of water by the City's customers will be minimized, except as provided below. While an existing pipeline is shut down, the connection work shall be performed without interruption, continuing after regular working hours if necessary, until completed.

D. Prevention of Contamination: All waterline components, including stubs, shall be provided with a permanent capped -physical separation. Specifically, all water main stubs shall be capped per Standard Drawing No. 706.

E. Control of Shutdowns: In all cases, shutdowns will be made in cooperation with and under the direction of the Engineer. The City will close all valves in making a shutdown and open all valves in restoring pressure to an existing main.

Coordinate with Public Works Inspector in advance to schedule City's work. All valves required for initiating pressure in the new installation shall be under the direct supervision of the Engineer.

F. Schedule: The schedule of shutdown and connection operations shall be agreed to jointly between the Contractor and the Engineer. The schedule shall be subject to adjustment by the Engineer as necessary to maintain water service to the customers of the City.

G. Advance Notice: The Contractor shall give the Engineer two week written notice before any connection operations are to be performed so that advance preparation on the part of the City can be made.

3.11 PRESSURE AND LEAKAGE TEST

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A. General

1. After the pipe has been laid, thrust backing cured (min. 5 days) and the trench completely or partially backfilled, the entire pipeline, or any section thereof, shall be subjected to hydrostatic pressure and leak tests in accordance with ANSI/AWWA C600, Section 5.2 Hydrostatic Testing.

2. Test pressure to be 225 pounds per square inch, measured at the lowest point in the section of pipe line undergoing test.

B. Filling and Testing

1. Perform leakage tests on all pipe installed in this project. Furnish all equipment, material, personnel, test media and supplies to perform the tests and make all taps and other necessary temporary connections. The test pressure, allowable leakage and test medium shall be as specified.

Perform leakage tests on all piping at a time agreed upon and in the presence of the City.

2. The completed section of the line shall be slowly filled with water with adequate provision for the release of air in the test section. When the line has been completely filled with water, a test pump of adequate capacity shall be attached to the line and operated to provide the specified test pressure. Water from a container of known capacity shall then be supplied to the line through the test pump to maintain this pressure during the test period. Maximum allowable leakage shall be as specified in AWWA C600.

3. Newly constructed pipe shall be isolated from existing pipe and shall satisfactorily pass the tests specified herein prior to connection of that pipe to any existing piping or valves.

4. Measurement of leakage shall not be attempted until all trapped air has been vented and a constant test pressure has been established. After the pressure has stabilized, piping leakage shall be measured with a suitable water meter installed in the pressure piping on the discharge side of the force pump.

C. Perform the leakage test for buried piping after all pipe is installed and backfilled.

D. It is the responsibility of the Contractor to block off or remove equipment, valves, gauges, etc., which are not designed to withstand the full test pressure.

E. Provide pipe taps, nozzles and connections as necessary in piping to permit testing, addition of test media, and draining lines and disposal of water, as is necessary. Plug these openings in a manner favorably reviewed by the Engineer after use. Provide all required temporary bulkheads.

F. If leakage exceeds the allowable, repair or replace the installation and repeat leakage tests as necessary until conformance to the leakage test requirements

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specified herein have been fulfilled. All visible leaks shall be repaired even if the pipeline passes the allowable leakage test. All costs of repairs and retests shall be borne by the Contractor.

G. Keep records of each piping test, including:

1. Description and identification of piping tested.

2. Test pressure.

3. Date of test.

4. Witnessing by Contractor and City.

5. Test evaluation.
(a) Method: AWWA C600, as modified herein.
(b) Duration: Two hours.
(c) Medium: Potable water.
(d) Allowable Leakage: Leakage shall be defined as the quantity of test medium that must be added to the section of pipeline being tested to maintain the specified test pressure for the specified test duration. Maximum allowable leakage shall be as specified in AWWA C600.

6. Remarks, to include such items as:
(a) Leaks (type, location).
(b) Repairs made on leaks.
(c) Submit test reports to the City.

H. Where not shown on the Contract Drawings, the Contractor may install corporation stops with saddles at high points on piping to permit venting of air.

Venting appurtenances shall be capped after successful completion of filling and air expulsion, but prior to testing.

3.12 ANCHORAGE INSTALLATION
A. Mechanically Restrained Joints: Install where indicated for lengths indicated in accordance with manufacturer’s instructions.

B. PCC Thrust Blocks: Install where required and as indicated. Bearing area indicated is to be against undisturbed earth. Allow a minimum of 24 -hours curing time before introducing water into the pipeline and allow a minimum of 7 -days curing time before pressure testing.

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3.13 HIGH DEFLECTION FITTINGS/BALL JOINTS, EXPANSION JOINTS, AND FLEXIBLE

EXPANSION JOINTS
A. Install as indicated and in accordance with the manufacturers recommendations.

3.14 VALVE INSTALLATION
A. Prior to installation, inspect valves for direction of opening, freedom of oper ation, tightness of pressure containing bolting, cleanliness of valve ports and especially seating surfaces, handling damage and cracks. Correct defective valves or hold for inspection by the Engineer.

B. Provide concrete encasement and valve box as detailed in City Standard Drawing No. 702 as shown per the Contract Drawings. Set the top of the valve box neatly to the grade of the surface of the existing ground, unless directed otherwise by the Drawings or the Engineer. Do not transfer shock or stress to the valve, and center and plumb the box over the wrench nut of the valve. Do not use valves to bring misaligned pipe into alignment during installation. Support pipe in such manner as to prevent stress on the valve.

3.15 SERVICE CONNECTIONS INSTALLATION
A. Install as indicated and in accordance with the requirements of the owner of the system.

3.16 FIRE HYDRANT INSTALLATION
A. Install as indicated and in accordance with the requirements of the owner of the system and the fire department.

3.17 TRACER WIRE INSTALLATION
A. Install on trench bottom under the vertical projection of the pipe to protect it in all installations.

B. Form a mechanically and electrically continuous line throughout the pipeline, extending to the nearest valve or other pipeline appurtenance designated by the owner of the system or the Owner. Extend the wire up the outside of the valve box/riser and cut a hole that is 8 -inches from the top, extend a 12 -inch wire lead to the inside of the box. At other pipeline appurtenances, designated by the owner of the system or the Owner, terminate the 12 -inch wire lead inside the enclosure.

C. Splice wire with a splicing device consisting of and electro -tin plated seamless copper sleeve conductor. Install as recommended by the manufacturer. Wrap splices and damaged insulation with electrician’s tape.

3.18 WARNING TAPE INSTALLATION
A. Install tape approximately 1-foot above and along the centerline of the pipe.

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B. Where tape is not continuous, lap tape ends a minimum of 2-feet.

3.19 DISINFECTION
A. Preparation

1. All pipelines shall be pressure and leak tested, flushed, and cleaned of debris and dirt prior to application of the disinfectant. The pipeline is to be kept completely clean and dry during construction.

2. Chlorination and pressure tests may be accomplished concurrently, unless inability to pass the pressure test makes it necessary to repair the line and to disinfect it at a later date.

3. The Contractor is required to submit a procedural Work Plan for flushing, disinfecting and disposal of chlorinated water to the Engineer for approval.

B. Sterilizing and Flushing Water Lines

1. Contractor shall flush and disinfect all new water lines in accordance with AWWA C651.

2. Dechlorinate and dispose of disinfection solution in accordance with applicable regulations. Take care to assure that chlorinated water is not spilled in drains.

3. Sterilizing of the completed work, including pipelines, valves, and fittings, shall be performed by the Contractor, who will supply all materials, equipment, supplies and labor required by the operation. All sterilization shall be performed under the supervision of the Engineer.

4. After completion of hydrostatic testing, the pipelines and appurtenances shall be thoroughly flushed until, in the opinion of the Engineer, all dirt and foreign matter have been removed from the system. The system shall then be disinfected with a hypochlorite solution containing a residual chlorine content of one hundred (100) parts per million. The solution shall be allowed to remain in the pipe for at least 24 hours. A chlorine residual of at least 10 ppm must remain in all parts of the line after 24 hours. The lines shall then be thoroughly flushed until a maximum residual chlorine content of 0.2 ppm is obtained in all parts of the system.

5. Extreme care shall be exercised to prevent backflow water from an unsterilized or super-chlorinated system into existing mains.

6. Disinfectant may be made by the use of calcium hypochlorite tablets attached by means of gasket cement to the inside top of the lengths of pipe as they are being laid. The amount of adhesive shall be limited to the smallest practicable amount applied to one side of the tablet only. The

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tablets shall have an average weight of 0.009 of a pound each and shall contain not less than seventy percent (70%) of available chlorine.

7. Chlorination and pressure tests may be accomplished concurrently, unless inability to pass the pressure test makes it necessary to repair the line and to disinfect it at a later date.

8. The following table shows the number of tablets to be used per one hundred linear feet of pipe of various sizes:

Inside Diameter of Pipe Number of Hypochlorite Tablets per 100 Feet 4” 8
6” 20
8” 36
10” 54
12” 78
16” 138

9. Total coliform test shall be performed by a City -approved laboratory upon completion of sterilization of the water line. If test fails, water line shall be re-sterilized until the total coliform test successfully passes.

10. Flushing at 2.5 feet per second (fps) velocity will be required. Contractor shall confirm if hydrants and/or blow offs are available to develop adequate velocity. The Contractor shall provide adapters, hoses and other items needed for flushing at adequate velocity. The length and size of hose and the location of disposal of water from the flushing operation will be as directed by the Engineer.

11. Disinfect potable water lines using general procedures and material conforming to AWWA C651 and the directions listed below. (a) Notify the City's representative a minimum of 48 hours before beginning any chlorination operation. Contractor must submit a disinfection plan to the City for approval.
(b) Before starting chlorination operations, open the blow off valve at the discharge point and verify the test mains are not under pressure. The City's representative shall be present during this verification.
(c) Verify that all cross -connection valves are closed. Verification shall be made with the City's representative present.
(d) Adequate person -to-person communications shall be maintained between the Contractor's personnel during chlorination operations, so that the operation can be immediately shut down at the sign of a problem anywhere along the test main.

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(e) Before operations begin, any additional valves shall be closed at the direction of the Engineer.
(f) Under the direction of the Engineer, fire hydrants shall be monitored continuously during the operation for possible chlorine contamination
** END OF SECTION **

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

APPENDIX “A”

CITY STANDARD FORMS
The contractor shall submit the required documents using the City forms shown in Appendix A

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

CITY OF MILPTIAS TRUCK ROUTE MAP

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

SPECIAL EQUIPMENT PLATE

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

City of Milpitas
455 E. Calaveras Blvd.

Milpitas, California 95035

Date
Contractor
Address
Subject: Project #, name

NOTICE OF INTENT TO AWARD

Dear Mr. _______:

The Milpitas City Council, at its meeting of __________, is scheduled to award the subject project to your company. Enclosed are the following documents, which require the signature of representatives of your company:
1 Contract 2 copies

2. Faithful Performance Bond 2 copies

3. Payment Bond 2 copies

4. Data Sheet: Regarding Bonding Co. 1 copy

5. Certificate of Insurance 1 copy

6. Data Sheet: Regarding Insurance Co. 1 copy

7. Certificate of Worker’s Compensation Insurance 1 copy

8. Contractor’s Certificate Relating To Worker’s Compensation Insurance 1 copy

9. Data Sheet: Regarding Worker’s Compensation Insurance Co. 1 copy

10. City Business License 1 copy

11. Taxpayer Identification Number and Certification 1 copy

12. Apprenticeship Standards 1 copy

13. Urban Runoff Prevention, BMP, SWPPP Acknowledgement 1 copy

Please refer to the project specifications regarding the time limit for execution of the contract with the City. Your attention is also directed to Specification Special Conditions and elsewhere within the Contract Documents regarding the start of the first chargeable day, and other items to be completed by the contractor prior to receiving a notice-to-proceed.

Please return the signed construction contract, bonding and insurance documents to my attention by _________ (to facilitate a timely completion). In addition, please submit a construction schedule, SWPPP, traffic control plan including staging and haul route, concrete mix design, R-bar, notices, site video, Contractor Safety Plan, Contractor’s Caltrans permit, and other (refer to the Special Conditions for additional items) for review by ______________. Please contact me at (408) 586- ____ to schedule a pre-construction conference. Your attention is directed to Specification Special Conditions which requires the attendance of the Contractor’s Representative and Job Superintendent at the pre-construction conference. Please be advised that no work may proceed until the contract documents have been fully executed and your copy of the notice to proceed is issued to you.

Sincerely,

______________
Project Engineer
Enclosure

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

City of Milpitas
455 E. Calaveras Blvd.

Milpitas, California 95035

Date

Contractor

Subject: Project #, name
Notice of Award

Dear _____________ ____:

The Milpitas City Council, at its meeting of ___________, has awarded the subject project to your company. The contract document forms (including the bonds, insurances, business license, and other related documents) had been previously sent to you via the notice of intent to award.

Please refer to the project specifications regarding the time limit for execution of the contract with the City. Your attention is also directed to Specification Special Conditions and elsewhere within the Contract Documents regarding the start of the first chargeable day, and other items to be completed by the contractor prior to receiving a notice-to-proceed.

Please return the signed construction contract, bonding and insurance documents to my attention by _____________ (to facilitate a timely completion). In addition, please submit a construction schedule, SWPPP, traffic control plan including staging and haul route, concrete mix design, R- bar, notices, site video, Contractor Safety Plan, Contractor’s Caltrans permit, and other (refer to the Special Conditions for additional items) for review by _______________. Please contact me at (408) 586-3___ to schedule a pre-construction conference. Your attention is directed to the Special Conditions, which requires the attendance of the Contractor’s Representative and Job Superintendent at the pre-construction conference. Please be advised that no work may proceed until the contract documents have been fully executed and your copy of the notice to proceed is issued to you.

Sincerely,

________________
Project Engineer

38077.00180\29080232.10

appendix “A”

CITY STANDARD FORMS

NOTICE TO PROCEED

Date: _____________________

TO: _____________________________________________
ADDRESS: _______________________________________
PROJECT: ________________________________________

You are notified that the Contract Time under the above contract will commence to run on _____________________. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Section D, the date of final completion is _____________________.

Before you may start any Work at the site, you must: (conditions if applicable)

________________________________________________________________________

________________________________________________________________________

CITY OF MILPITAS,
A Municipal Corporation

By :

Title:

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appendix “A”

CITY STANDARD FORMS

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appendix “A”

CITY STANDARD FORMS

SUBMITTAL COVER SHEET

SUBMITTAL NO. : DATE SUBMITTED:

PROJECT:__________________________________ PROJECT #:

FROM: GENERAL CONTRACTOR TO: CITY OF MILPITAS

ENGINEERING DIVISION
455 E. CALAVERAS BLVD.

MILPITAS, CA 95035
Phone #: Attn.__________________

Specification Check If Substitution

Item Section/Plan Sheet Submittal Description or Exception Comment / Date Required

1 2
3 4
_______________________________________________________________________________ I certify that this submittal is in conformance with the requirements of the Contract Documents and is not in conflict with other submittals. Any proposed submittal substitution or exception is fully indicated within the submittal, and the proposed substitution or exception is in compliance with the Contract Documents. __________________________________
General Contractors Signature

DESIGN CONSULTANT RESPONSE: Date Received:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Reviewer: ____ Date Transmitted to City: _____________________________

CITY RESPONSE: Date Received: _____
NO EXCEPTIONS NOTED – The City does not find any exceptions to the submittal, relying solely upon information provided in the submittal including the contractor’s certification, and subject to its compatibility with future submittals and additional partial submittals for portions of the work not covered in this submittal. Does not constitute acceptance or deletion of specified or required items not shown in a partial submittal.

MAKE CORRECTIONS NOTED – The same as above, except that minor corrections as noted by the Engineer shall be made by the Contractor. No resubmittal is required.

REVISE AND RESUBMIT – Rejected due to noncompliance with the requirements of the project plans and Specifications because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Engineer.

SUBMIT SPECIFIED ITEM – Submittal is rejected because the submitted material does not conform to the requirements of the project plans and specifications in major respects. This material is not to be resubmitted, and it is expected that the material specified in the project plans and specifications be submitted.

City Reviewer: Date:

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appendix “A”

CITY STANDARD FORMS

REQUEST FOR INFORMATION

RFI #: __________ DATE CREATED:

PROJECT:_________________________________ PROJECT #:

FROM: GENERAL CONTRACTOR TO: CITY OF MILPITAS

ENGINEERING DIVISION
455 E. CALAVERAS BLVD.

MILPITAS, CA 95035

Phone #: ATTN.:

Subject:

INFORMATION REQUESTED: Date Required:

Specification/Plan Sheet Reference:

I certify that this is not a frivolous Request For Information and that I have completely reviewed all project Contract Documents and to the best of my professional judgment have determined that the information requested is not obvious or found.

______________________________________
General Contractor Signature
________________________________________________________________________________

DESIGN CONSULTANT RESPONSE: Date RFI Received:

Response by Date Answered
______________________________________________________________________________

CITY RESPONSE: Date RFI Received:

Response by Date Answered:

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appendix “A”

CITY STANDARD FORMS

NOTICE OF NON-COMPLIANCE

Date & Time Issued:

To: _______________________
_______________________
_______________________

Project: _________________________________ Project Number: _______

In accordance with General Conditions of the Project Specifications, you are hereby notified that the following work is defective and does not comply with the requirements of the Project Contract Documents: __________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Work found to be defective or not in compliance with the Contract Documents shall not be paid for by the City, and it shall be the Contractor's responsibility to remove and replace the defective Work at no additional cost to the City. The Contractor shall determine what corrective action is necessary to bring the Work into compliance, and shall notify the Engineer prior to starting corrective action.

City Project Manager:

City Inspector:

Notice of Non-Compliance was received by: / /

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FIELD MEMORANDUM

Date: _______________________ Page 1 of
To: _______________________
From: _______________________
Project: _____________________________________________________________ Subject: _____________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Disclaimer:

All work shall be done in accordance with the Contract Documents. The written direction above provides clarification only. The Contractor acknowledges that any additional cost shall be authorized in advance in a fully executed Contract Change Order.

_______________________________
Signature

CC:

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Project Punchlist

Project:_________________________
Contractor:______________________
Punchlist Acknowledged:__________
Project Eng.:___________________ Inspector:____________________ Date:_____________ Item Date Item
Entered
Description Item
Completed
Date Initial
Part A Standing Items
1 The contractor shall submit a full set of As-built /Record Drawings showing the work performed and pothole information. Include contractor’s signature, contractor’s name, state license # and phone # of general contractor name and subcontractors-paving, striping, loops on the title sheet.

2 Submit written warranties in accordance with the Specifications:

Warranty bonds from surety and contractor’s letterhead for warranty per appendix sample-page 151. If not applicable check here.

3 Operation/Maintenance Manuals have been received in full numbers specified.

If not applicable check here.

4 Deliverables (i.e. special tools or spare parts) have been received as specified.

If not applicable check here.

5 Training has been performed as specified.

If not applicable check here.

6 Verify that all Building Permits have been signed off.

If not applicable check here.

7 Verify Certificate of Monumentation has been received.

If not applicable check here.

8 Ordinance 238 (Landscape/Sprinkler has been completed).

If not applicable check here.

9 Verify that Planning Department Conditions have been met.

If not applicable check here.

10 Compliance with Special Conditions
If not applicable check here.

11 Compliance with Reclaimed Water Requirements
If not applicable check here.

12 Submit lien releases from all subcontractors and suppliers. 13 Submit complete certified payroll.

Part B Project Specific Items
14 Construction Water Meter(s) returned.

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ESCROW AGREEMENT

SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement is made and entered into effective (date) ___________by and between City of Milpitas whose address is 455 E Calaveras Blvd. Milpitas, CA 95035-5479 hereinafter called “Owner,” whose address is hereinafter called “Contractor” and whose address is hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:

(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for _____________ in the amount of ____________________ dated _________________ (hereinafter referred to as the “Contract”).

Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of Owner and shall designate the Contractor as the beneficial owner.

(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days written notice to the Escrow Agent from the owner of the

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default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant in Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.

(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:

City Manager
Title Title

Name Name

Signature Signature

Address Address

On behalf of Escrow Agent:

Title

Name

Signature

Address

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At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor

Title Title

Name Name

Signature Signature

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COST PROPOSAL FORM (See General Conditions, Contract Change Orders)

Date: ________________ Project Number
______________
In Response To ___________________ (RFP #, etc.)

To: City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035

Brief description of change(s):

ITEM DESCRIPTION PRIME
CONTR.

SUB 1

SUB 2

SUB 3

TOTAL

Material
Direct Labor Cost
Equipment
Other (Specify) Extended
Overhead

Total Cost

Subcontractor’s Overhead and
Profit (15% max)

Contractor’s Overhead and
Profit on Labor & Materials (15%
max)

Contractor’s Overhead and
Profit on Equipment (10% max)

Mark-Up for Subcontractor’s
work (5% max)

Bonds
(% of total cost above not
including any O/P)

GRAND TOTAL

REQUESTED CHANGE IN CONTRACT TIME (DAYS)

By: _________________________________ (Firm Name)

Signature: ___________________________ Date: ________________

Title: _______________________________

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City of Milpitas
455 E. Calveras Boulevard
Milpitas, California 93035

CHANGE ORDER FORM
CONTRACT CHANGE ORDER NO. __
Date: [INSERT]
To: [CONTRACTOR NAME]
[ADDRESS]
[ADDRESS]
Attn: [CONTRACTOR REP]
Project: [INSERT]
This Change Order covers changes to the contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for the amount agreed upon between the Contractor and City of Milpitas and set forth herein.

Item
No. Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days
1 2

Totals $

Original Contract Amount: $XX.00
Change by Previous Change Order(s): $XX.00
Contract Price Prior to this Change Order: $XX.00
Current Change Order Amount: $XX.00
Revised Contract Amount including this Change Order: $XX.00

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The Contract Price and Contract Time shall be adjusted as set forth above. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City.

Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.

Accepted:
(Signature) Contractor’s Authorized Representative Date Recommended:

(Signature) [**INSERT NAME, TITLE**] Date
Approved:

(Signature) [**INSERT NAME, TITLE**] Date

This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of Milpitas.

Contract Change Order #

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WEEKLY STATEMENT OF DAYS CHARGED TO CONTRACT

City of Milpitas
Engineering Division
Date:___________

Project:____________________________________________________Project No. ___________

Weekly Statement No. :___________

Notice of Project Award Issued:____________, Notice To Proceed Issued: ____________

The following statement shows the number of ____________________ days charged to the contract
(Calendar or Working)

for the week ending: _____________.

1. First chargeable day of the Contract: ___________________

2. Number of Days in the Contract: ___________________

3. Contractual completion date: ___________________
( = #1 + #2)

4. Days added by Contract Change Order: ___________________

5. Days not charged to Contract (note reason below): ___________________

6. Revised completion date based on #4 and/or #5: ___________________ ( = #3 + #4 + #5)

Total number of Days charged to the Contract as of this Statement:___________________

Total number of Days remaining as of this Statement: ___________________

Notes:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ________________________
_________________________ __________________________ City Project Manager City Inspector

Refer to Special Conditions of the Contract Documents. The Contractor has fifteen (15) days to submit written protest of this Statement to the Engineer; otherwise, this Statement shall be deemed to have been accepted by the Contractor.

Accepted By: _____________________________________
Contractors Signature

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SAMPLE PROGRESS PAYMENT FORM

Refer to the Special Conditions regarding requirements for requesting Progress Payments.

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Contractor’s Letter Head

GUARANTY / WARRANTY

TO: CITY OF MILPITAS, for the (project name), Project (#), in Milpitas, CA.

The undersigned guarantees all construction performed on this project and also guarantees all material and equipment incorporated therein Contractor hereby grants to Owner for a period of one (1) year following the date of acceptance of the Work by the City of Milpitas or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.

Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of work not done in accordance with this Guaranty or relieve Contractor of liability with respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting there from which shall appear within one (1) year, or longer if specified, from the date of acceptance as described above.

Should any of the materials or equipment prove defective or should the Work as a whole prove defective, due to faulty workmanship, material furnished or methods or installation, or should the Work or any part thereof fail to operate properly as originally intended and in accordance with the Contract Documents due to any of the above causes within one (1) year after date of acceptance, or such longer period specified in the Contract Documents, Contractor shall: (1) reimburse Owner, upon demand, for its expenses incurred in restoring said Work to the condition contemplated in the Contract Documents, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or (2) upon demand by Owner, replace any such material and to immediately repair said Work completely without cost to Owner so that said Work will function successfully as originally contemplated.

Inspection of the work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.

Owner shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by Contractor. In the event Owner elects to have said work performed by Contractor, Contractor shall make such repairs within a reasonable period of time after the receipt of demand from Owner; provided, however, that in no event shall such period exceed twenty-five (25) days.

All definition of terms used in this Agreement shall have the meanings set forth in the Project Specifications, Special Conditions, Definitions of Words and Terms.

The foregoing Guaranty is in addition to any other warranties by Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and by law with respect to Contractor’s duties, obligations, and

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performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or by law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor.

CONTRACTOR:

Corporate
Seal:

Name of Firm

Signature Date

Title

___________________________________________
Signature Date

Title

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CONSTRUCTION CHANGE DIRECTIVE NO:___

City of Milpitas
Engineering Division

Project Name Project No: ______________ PAGE 1 of

TO:_________________________________

FROM: ___________ DATE: _____________________

SUBJECT/ITEM:
____________________________________________________________________________

DESCRIPTION:

References:

Attachments:

CONSTRUCTION CHANGE DIRECTIVE INSTRUCTIONS:

The Contractor is directed to proceed with the above-described work without change in contract price.

The Contractor is directed to proceed with the above-described work and submit within the next 14 calendar days an itemized lump sum price and requested time extension, if any, to facilitate the review and settlement of this CCD in accordance with the Contract Documents. The cost of the work covered by this directive shall not exceed $. In the event that the cost of this work is anticipated to exceed the amount above, the Contractor will notify the City/Agency in writing and obtain additional authorization before proceeding.

The Contractor is directed to proceed with the above-described work on a time and material basis with a Not-To-Exceed Amount of $0.

Itemized time and material documentation shall be provided on a daily basis in accordance with the Contract Documents.

The Contractor shall be paid at bid item prices for the work performed.

The Contractor is directed to provide pricing for the above-described work within the next 7 calendar days. The Contractor shall not proceed with the work until authorized by written Contract Change Order.

AUTHORIZED BY: ACKNOWLEGEMENT OF RECEIPT:

City of Milpitas
OWNER CONTRACTOR:

BY: BY:

_______________________________________________________________________________________________________________________________________________________

SIGNED DATED SIGNED DATED

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CONSTRUCTION RECYCLED WATER APPLICATION

Construction Meter Permit RW
TEMPORARY CONSTRUCTION METER FOR PURCHASE OF RECYCLED WATER* Please submit completed application to [email protected] Milpitas City Hall
455 East Calaveras Boulevard
Milpitas, CA 95035
(408) 586-3100
www.milpitas.gov

PLEASE COMPLETE AND SIGN APPLICATION

TYPE OF APPLICATION:

NEW

RENEWAL

RELOCATION
BUSINESS NAME: METER #
BILLING ADDRESS: READING WHEN TAKEN OUT

CONDITION WHEN TAKEN OUT PHONE NUMBER:

PROJECT NAME: STATE LIC CONTRACTOR # CLASS EXP DATE
PROJECT NUMBER: CITY BUSINESS #
BUILDING PERMIT #
ENCROACHMENT PERMIT #
PROJECT LOCATION (Site Address):

ASSIGNED INSPECTOR INSPECTOR SIGNATURE
I understand that this application is for temporary recycled water (through a construction meter) for the sole purpose of construction work at the address/location stated above and intended for use with the City of Milpitas’s fill-station sites. I further understand that the City has the right to remove the construction meter without prior notice if the meter is being used in an improper manner as determined by the City and will discontinue any water service to the properties until permanent water service is established. Time period for use of construction meter will expire upon the following (whichever occurs first): 1) 12 months, 2) Expiration of the permit, 3) Completion of the permitted work, or 4) Permanent water service is established. I also understand that the water supplied through the meter may be subject to frequent or indefinite interruptions at any time by the City.

I also understand that I am responsible for this meter and its usage until I give proper written notification to the City that the meter is to be removed and the City has the meter back in its possession. I also understand that I will operate the meter in a responsible manner so as not to cause damage to the meter and/or the water system and agree to be held accountable for any and all damage caused from improper operation of the meter. A missing or stolen water meter will be assessed at the current replacement rate. Payment for the meter replacement must be made at Milpitas City Hall before re-installation. I also understand that by the City issuing this temporary meter, this action in no way obligates the City to provide me with permanent water service to the subject property. I agree to place a deposit of $2,000 for the loan of the meter. I agree to forfeit part or all of the deposit to pay for any damage to the meter during the term of this agreement, and to forfeit the deposit in full if the meter is not returned on or before the expiration date. I understand that the deposit, less the water use and meter charges, will be returned upon return of the meter in satisfactory and working condition. No interest shall be paid on the deposited amount. Should water charges exceed the deposit amount, I agree to pay the additional charges upon demand. I agree to abide by all rules and regulations of the City of Milpitas Public Works Department and to pay a monthly meter charge of $ for each full or partial calendar month the meter is used, and to pay for all water used at the commercial rate in effect at the time ($ per hundred cubic foot and $ per unit for capital surcharge). If a water rate increase is approved during the rental period, the new rates will be in effect. In the event that I fail to keep satisfactory records, I agree to pay the City on the basis of an estimate made by the Accounting Officer of the City of Milpitas. I understand that a copy of this permit must be kept on hand at all times by the person taking water and must be available to show as evidence to any authorized representative of the City of Milpitas that a permit has been obtained.

Name Signature Date

OFFICE USE ONLY
Date meter is to be returned
Deposit $ Receipt #
Date meter is returned
Condition when returned
Accepted by
Reading when returned

(Permit Holder to Initial)
**ORIGINAL PERMIT MUST BE RETURNED WITH METER**
* Applicant must complete and submit South Bay Water Recycling Recycled Water Access Point User Agreement along with this application.

Please return all pages with application.

Distribution: Original – Finance Copies to: PW Utility Maintenance, Cashier, PW Inspector Temporary Permit No.

Date: , 20