Agenda packet — Palo Alto City Council, May 8, 2023 (part 1 of 4)

CITY COUNCIL AND PLANNING AND TRANSPORTATION

COMMISSION
Joint Special Meeting
Monday, May 08, 2023
Council Chambers & Hybrid
5:00 PM
Amended Agenda
Amended agenda items appear below in RED
Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org.

VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900‐6833
PUBLIC COMMENTS
Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line.

PowerPoints, videos, or other media to be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted.

TIME ESTIMATES
Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.

CALL TO ORDER
This meeting is being held in honor of Mental Health Awareness Month.

SPECIAL ORDERS OF THE DAY (5:00 ‐ 5:10 PM)

1. Proclamation Recognizing Public Employees and City Service Accomplishments Coinciding With National Public Service Recognition Week: May 7‐13, 2023 CLOSED SESSION (5:10 ‐ 6:10 PM)
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: SPG Center, LLC, application for building permit for Building EE, Stanford Shopping Center
Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d) (2) One Case, as Defendant: Letter from Shimko to Yang, dated April 28, 2023 Letter attached
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (6:10 PM ‐ 6:30 PM)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:30 ‐ 6:45 PM) CONSENT CALENDAR (6:45 ‐ 6:50 PM)

2. Approval of Minutes from April 24, 2023 Meeting

3. Approval of the Sewer System Management Plan Update 2023 as required by the reissued Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, Order 2022‐0103‐DWQ

4. Approval of Contract Number C23186907 With Cratus, Inc. in an Amount Not‐to‐Exceed $7,707,055 for Sanitary Sewer Replacement Project 31 (WC‐19001) on El Camino Real and Page Mill Road; Authorization for the City Manager to Negotiate and Execute Related Change Orders for a Total Not‐to‐Exceed Amount of $8,360,555; and Approval of Budget Amendments in the Wastewater Collection Fund; CEQA status: categorically exempt under CEQA Guidelines Sec. 15301 and 15302 Q&A

5. Approval of a Contract Amendment for Time Only with Romig Engineers, Inc. for Geotechnical Services for the Public Safety Building Capital Improvement Program Project (PE‐15001); CEQA: Environmental Impact Report for the Public Safety Building and the New California Avenue Area Parking Garage (Resolution No. 9772)

6. Adopt an Ordinance and Resolution Continuing the Interim Parklet Program Until March 31, 2024; CEQA status – categorically exempt (Regulations 15301 and 15304) Q&A, Public Comment
AA2. Approval of CAO Committee Recommendation to complete recruitment for interim City Clerk and to engage Peckham & McKinney Firm to Conduct the City Clerk Executive Recruitment
CITY MANAGER COMMENTS (6:50 ‐ 7:05 PM)
ACTION ITEMS

7. Adoption of a Resolution Adopting the 2023‐31 Housing Element and Consideration of the Associated California Environmental Quality Act (CEQA) Addendum to the Comprehensive Plan 2017 Final Environmental Impact Report Supplemental Report, Public Comments

ADJOURNMENT
INFORMATION REPORTS

8. Independent Police Auditor Special Report on Police Recruitment and Retention Public Comment

9. Investment Activity Report for the Third Quarter, Fiscal Year 2023 OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee May 9, 2023 9:00 AM
Policy and Services Committees Meeting May 9, 2023 7:00 PM Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
AA1. CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: SPG Center, LLC, application for building permit for Building EE, Stanford Shopping Center
Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d) (2) One Case, as Defendant: Letter from Shimko to Yang, dated April 28, 2023 AA2. Approval of CAO Committee Recommendation to complete recruitment for interim City Clerk and to engage Peckham & McKinney Firm to Conduct the City Clerk Executive Recruitment

7. Supplemental Report ‐ Adoption of a Resolution Adopting the 2023‐31 Housing Element and Consideration of the Associated California Environmental Quality Act (CEQA) Addendum to the Comprehensive Plan 2017 Final Environmental Impact Report Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing [email protected]. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.

1 Special Meeting May 08, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

CITY COUNCIL AND PLANNING AND TRANSPORTATION

CALL TO ORDER
This meeting is being held in honor of Mental Health Awareness Month.

SPECIAL ORDERS OF THE DAY (5:00 ‐ 5:10 PM)

2. Approval of Minutes from April 24, 2023 Meeting

3. Approval of the Sewer System Management Plan Update 2023 as required by the reissued Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, Order 2022‐0103‐DWQ

ADJOURNMENT
INFORMATION REPORTS

8. Independent Police Auditor Special Report on Police Recruitment and Retention Public Comment

2 Special Meeting May 08, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

CITY COUNCIL AND PLANNING AND TRANSPORTATION

CALL TO ORDER
This meeting is being held in honor of Mental Health Awareness Month.

SPECIAL ORDERS OF THE DAY (5:00 ‐ 5:10 PM)

2. Approval of Minutes from April 24, 2023 Meeting

3. Approval of the Sewer System Management Plan Update 2023 as required by the reissued Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, Order 2022‐0103‐DWQ

ADJOURNMENT
INFORMATION REPORTS

8. Independent Police Auditor Special Report on Police Recruitment and Retention Public Comment

3 Special Meeting May 08, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

CITY COUNCIL AND PLANNING AND TRANSPORTATION

CALL TO ORDER
This meeting is being held in honor of Mental Health Awareness Month.

SPECIAL ORDERS OF THE DAY (5:00 ‐ 5:10 PM)

2. Approval of Minutes from April 24, 2023 Meeting

3. Approval of the Sewer System Management Plan Update 2023 as required by the reissued Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, Order 2022‐0103‐DWQ

ADJOURNMENT
INFORMATION REPORTS

8. Independent Police Auditor Special Report on Police Recruitment and Retention Public Comment

4 Special Meeting May 08, 2023
Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org
.

City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: Human Resources
Meeting Date: May 8, 2023
Report #:2304-1276
TITLE
Proclamation Recognizing Public Employees and City Service Accomplishments Coinciding With National Public Service Recognition Week: May 7-13, 2023

ATTACHMENTS
Attachment A: Public Service Proclamation
APPROVED BY:

Sandra Blanch
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Proclamation

PUBLIC SERVICE RECOGNITION WEEK
May 7 - 13, 2023
WHEREAS, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; and across our nation, public employees take not only jobs, but oaths of office; and

WHEREAS, many public servants risk their lives each day in service to the people of our communities, as well as provide safety inspections and patrols, maintain our infrastructure, operate our public facilities, and provide the diverse services demanded by the American people with integrity and diligence; and

WHEREAS, public servants provide the institutional knowledge, experience, and continuity that supports the long term sustainability of our community assets and organizational history; and WHEREAS, here in our city, our staff promotes and sustains the superior quality of life in Palo Alto, and in partnership with our community delivers cost-effective services in a personal, responsive, and innovative manner; and
WHEREAS, over the past year alone, our city staff have:
• Provided more than 47,000 police, fire and emergency medical service calls; • Cleaned and treated 90 miles of sewer lines;
• Repaired 110 gas leaks;
• Checked out over 1 million library items;
• Provided services for a total enrollment of more than 14,000 in classes, camps in arts, sciences recreational and open space programs;
• Maintained 32 parks;
• Issued 2,650 building permits and 1,490 fire permits; and, • Completed 19,500 building inspections.

And much more, all with the professionalism we know and appreciate, day in and day out.

NOW, THEREFORE, I, Lydia Kou, the Mayor of the City of Palo Alto do hereby proclaim that May 7, 2023 to May 13, 2023, is Public Service Recognition Week. All citizens are encouraged to recognize the accomplishments and contributions of government employees at all levels — federal, state, county and city – and especially our City of Palo Alto employees.

Presented: May 8, 2023

Lydia Kou
Mayor
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Service Proclamation
2023

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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: May 8, 2023
Report #:2304-1354
TITLE
Approval of Minutes from April 24, 2023 Meeting

RECOMMENDATION
To review and approve the minutes as presented.

ATTACHMENTS
Attachment A: April 24 Draft Minutes
APPROVED BY:

Lesley Milton
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CITY COUNCIL

DRAFT ACTION MINUTES

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Special Meeting
April 24, 2023
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:00 P.M.

Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: None

Absent: None

SPECIAL ORDER OF THE DAY

1. Interview for Openings on the Human Relations Commission and Parks and Recreation Commission

ACTION

2. Adoption of a Resolution to Appoint Adriane D. McCoy of Baker Tilly US, LLP as City Auditor

MOTION: Council Member Council Member Veenker moved, seconded by Council Member Lythcott-Haims to adopt Resolution 10103 to appoint Adriane D. McCoy of Baker Tilly US, LLP as city Auditor
MOTION PASSED: 7-0

STUDY SESSION

3. Study Session: Safe Routes to School Annual Report for 2021 -2022; CEQA status – not a project. Public Comments, Presentation

AGENDA CHANGES, ADDITIONS AND DELETIONS

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2023 Draft Action
Minutes

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DRAFT ACTION MINUTES

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(Sp.) City Council Meeting
Draft Action Minutes: 04/24/2023

PUBLIC COMMENT

CONSENT CALENDAR
MOTION: Council Member Lauing moved, seconded by Council Member Burt to approve Agenda Item Numbers 4 and 5.

4. Adoption of Resolution 10104 of Intent to Not Levy Assessments for the Palo Alto Downtown Business Improvement District (BID) in FY 2024 and Setting a Public Hearing for May 15, 2023; CEQA status – not a project.

5. Approval of Minutes from April 10, 2023 Meeting
MOTION PASSED: 7-0

CITY MANAGER COMMENTS

ACTION ITEMS

6. Review and Adoption of the Council Procedures and Protocols Handbook – Including Changes Directed by Council on January 30 and March 20, 2023 Public Comment MOTION: Council Member Veenker moved, seconded by Council Member Lauing to adopt the articulated amendments 1 – 5 on the updated Council Procedures and Protocols Handbook including Procedures sections 2.3b(2)C, 3.1, 3.4 and 3.9(b(9) and Protocols Section 1.6d.

MOTION PASSED: 7-0

MOTION: Council Member Burt moved, seconded by Council Member Stone amend the handbook as follows:

In Section 5.1d, update the text to:

Strike “request to speak….to speak on an item” and do: Presiding officer will endeavor to identify in advance the time when public comment cards will no longer be accepted.

Section 5.1c1: strike “typically will” and replace with “may” MOTION PASSED: 7-0
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2023 Draft Action
Minutes

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DRAFT ACTION MINUTES

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(Sp.) City Council Meeting
Draft Action Minutes: 04/24/2023

MOTION: Council Member Veenker moved, seconded by Council Member Lythcott- Haims to Direct staff to:
1) amend the Municipal Code that the start time of our regular meetings is 5:30 PM, and 2) amend Handbook Section 2.3 (a) to include at least one 15-minute break MOTION PASSED: 7-0

MOTION: Council Member Burt moved, seconded by Council Member Lauing to Direct staff to:
1) Amend the handbook to reflect Study sessions be moved to immediately following general public comments
MOTION PASSED: 7-0

MOTION: Mayor Kou moved, seconded by Vice Mayor Stone to Direct staff to:
1) Amend the handbook to reflect the order of the agenda as listed below:
• Call To Order
• Special Order Of The Day
• Closed Session
• Agenda Changes
• General Public Comment
• Council Member Questions, Comments and Announcements
• Study Session
• Consent Agenda
• City Manager Comments
• Action
• Adjournment
MOTION PASSED: 6-1, Tanaka No

MOTION: Council Member Burt moved, seconded by Vice Mayor Stone to approve the balance of the proposed changes to the Procedures and Protocols handbook as presented.

MOTION PASSED: 7-0
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2023 Draft Action
Minutes

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DRAFT ACTION MINUTES

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(Sp.) City Council Meeting
Draft Action Minutes: 04/24/2023

COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS

ADJOURNMENT: The meeting was adjourned at 10:58 P.M.

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.

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2023 Draft Action
Minutes

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CITY COUNCIL

STAFF REPORT
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: May 8, 2023
Staff Report: 2301-0789

TITLE
Approval of the Sewer System Management Plan Update 2023 as required by the reissued Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, Order 2022-0103-DWQ

RECOMMENDATION
Staff recommends that Council approve the revised Sanitary Sewer Management Plan (SSMP) 1 , as required by the reissued Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, Order 2022-0103-DWQ.

EXECUTIVE SUMMARY
The City’s current SSMP was certified by Council per the State of California Water Resources Control Board’s (SWRCB’s) requirements on November 5, 2018 2. On December 6, 2022, the SWRCB adopted Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, Order 2022-0103-DWQ (2022 General Order 3) affecting wastewater collection system management. The 2022 General Order requires the City of Palo Alto to update its SSMP to incorporate certain additional requirements of the 2022 General Order by June 5, 2023.

Remaining requirements of the 2022 General Order must be included in the SSMP and adopted by Council prior to August 2, 2025.

BACKGROUND
The 2022 General Order applies to all California municipalities that own and/or operate a sanitary sewer system greater than one (1) mile in length. The 2022 General Order supersedes previous 1 Sanitary Sewer Management Plan https://www.cityofpaloalto.org//files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/attachments/05-08-2023-id2301-0789-2023-ssmp.pdf 2 2018 Sanitary Sewer Management Plan https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/attachments/05-08-2023-id2301-0789-2018-ssmp.pdf 3 Order 2022-01-03DWQ (2022 General Order)
https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2022/wqo_2022-0103-dwq.pdf Item 3
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General Orders, including the 2006 Order No. 2006-0003-DWQ and the Amending Monitoring and Reporting Program WQ 2013-0058-Exec. To decrease the impacts on human health and the environment caused by sewage spills, the previous General Order required enrollees to develop a rehabilitation and replacement plan that identified system deficiencies and prioritized short- term and long-term rehabilitation actions. The previous General Order also required enrollees to:

1. Maintain information that can be used to establish and prioritize appropriate Sewer System Management Plan activities; and

2. Implement a proactive approach to reduce spills.

The previous General Order also required SSMP elements to document these requirements for “the proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management.” The 2022 General Order continues and expands on the requirements of the previous General Order, including the requirement to prepare, certify, and implement an SSMP.

Under the 2022 General Order, two (2) requirements must be completed prior to the June 5, 2023. First, the Legally Responsible Official must be designated on the online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database and certify continuation of existing regulatory coverage under the 2022 General Order. Certification of existing regulatory coverage will be made available on the CIWQS website beginning April 5, 2023. Second, the Spill Emergency Response Plan (SERP) element of the SSMP must be updated and implemented. City Staff has prepared an updated SSMP that meets the requirements of the 2022 General Order. After adoption by the City Council, the updated SSMP will be uploaded to CIWQS prior to the June 5, 2023 deadline.

ANALYSIS
The SSMP is a planning document that describes the City’s wastewater collection system management activities and procedures. The 2022 General Order has updated the required 11 elements of the SSMP. The structure of the SSMP required by the 2022 General Order is largely unchanged, as shown below in the table below.
2006 General Order Elements 2022 General Order Elements

1. Goal 1. Sewer System Management Plan Goal
and Introduction

2. Organization 2. Organization

3. Legal Authority 3. Legal Authority

4. Operations and Maintenance Program 4. Operations and Maintenance Program

5. Design and Performance Goals 5. Design and Performance Provisions

6. Overflow Emergency Response Plan
(OERP)

6. Spill Emergency Response Plan (SERP)
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2006 General Order Elements 2022 General Order Elements

7. Fats, Oils, and Grease (FOG) Control
Program

7. Sewer Pipe Blockage Control Program

8. System Evaluation and Capacity
Assurance Plan

8. System Evaluation, Capacity
Assurance, and Capital Improvements

9. Monitoring, Measurement, and
Program Modifications

10. Sewer System Management Plan
(SSMP) Program Audits

10. Internal Audits

11. Communication Program 11. Communication Program

The specific requirements for each element of the SSMP are listed in the 2022 General Order.

Many of the updated requirements must be incorporated into the SSMP by August 2, 2025.

However, all changes related to Element 6 - “Spill Emergency Response Plan” (SERP) must be completed prior to June 5, 2023.
2022 General Order Element 6 includes significant changes to notification, monitoring, reporting, and recordkeeping requirements of individual spills. Individual spills are defined as Category 1, 2, 3, or 4. Category 4 is a newly defined sanitary sewer overflow (SSO). The SSO categories have been redefined in the 2022 General Order and are shown in the table below.

Amended 2013 General Order Newly Adopted 2022 General Order Category 1: discharges of untreated or
partially treated wastewater of any volume
that reach surface water or municipal
separate storm sewer system and are not
fully captured or returned to the sanitary
sewer system or not otherwise captured and
disposed of properly
Category 1: a spill of any volume of sewage
from or caused by a sanitary sewer system
that results in a discharge to: a) surface
water b) a drainage conveyance system that
discharges to surface water when the sewage
is not fully captured and returned to the
sanitary sewer system or disposed of
properly
Category 2: discharges of untreated or
partially treated wastewater of 1,000 gallons
or greater that do not reach surface water
Category 2: a spill of 1,000 gallons or greater
that does not discharge to a surface water
Category 3: all other discharges of untreated
or partially treated wastewater
Category 3: a spill of equal to or greater than
50 gallons and less than 1,000 gallons that
does not discharge to a surface water
Category 4 was not defined. Category 4: a spill of less than 50 gallons that does not discharge to a surface water
Procedures on how to contain and clean up an SSO remain unchanged in the SERP, however additional procedures have been added to meet the new notification requirements to potentially affected entities when an SSO reaches a water of the State as well as SSO-specific monitoring and Item 3
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reporting requirements. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions. Detailed instructions on water quality sampling analysis have also been included in the SERP and are to be implemented if an SSO reaches surface water. The City’s 2023 SSMP update includes some significant formatting changes, a new Element 6, and other minor changes in the rest of the elements. These changes are recorded in Appendix N of the 2023 SSMP.

The 2022 General Order further requires internal audits of the SERP annually and the SSMP every three years and updates as needed. The City’s Utilities Department will complete the required audits, update the SERP and SSMP, and implement identified changes based on the audit findings.

The entire SSMP will be recertified by City Council every six (6) years as required by the 2022 General Order. Once certified by City Council, the Legally Responsible Official will upload and certify the SSMP in the online CIWQS Sanitary Sewer System Database.

FISCAL/RESOURCE IMPACT
There are no immediate fiscal or resource impacts due to adoptions of this update to the SSMP.

Potential long-term impacts include additional, unquantifiable increases in operational and capital costs to comply with increasingly stringent regulatory requirements.

ENVIRONMENTAL REVIEW
Council’s adoption of the updated 2023 SSMP does not meet the definition of a project under the California Environmental Quality Act’s Regulations, 14 CCR Section 15378(b)(5), as an organization or administrative activity of government that will not result in direct or indirect physical changes in the environment, thus environmental review is not required.

ATTACHMENTS:

Attachment A: 2023 Sanitary Sewer Management Plan
APPROVED BY:

Dean Batchelor, Director Utilities
Staff: Venessa Fujii, WGW Project Coordinator
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2023 Sewer System Management Plan
City of Palo Alto

2023 Sewer System Management Plan

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Version Sewer
Management Plan

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2023 Sewer System Management Plan
City of Palo Alto

CITY OF PALO ALTO, CALIFORNIA
2023 Sewer System Management Plan
 City of Palo Alto
3201 East Bayshore Road
Palo Alto, CA 94303
Phone 650.496.6982

Prepared by:

Venessa Fujii, Utilities Project Coordinator

Reviewed by:

Matt Zucca, Assistant Director WGW
Anthony Meneses, Manager, WGW Operations
Robert Bishop, Acting Utilities Supervisor, Wastewater

Approved by Council:

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Version Sewer
Management Plan

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2023 Sewer System Management Plan
City of Palo Alto

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Introduction
System Overview
The Sewer System Management Plan (SSMP) is a living planning document that includes the City of Palo Alto’s wastewater program activities, procedures, and decision making. The State Water Resources Control Board (SWRCB) Division of Water Quality has issued statewide waste discharge requirements for sanitary sewer systems, which include requirements for the development of an SSMP. State Water Resources Control Board Order No. WQ 2022 -0103-DWQ Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems. State Water Resources Control Board Order No. 2006 -0003- DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems. State Water Resources Control Board Order No. WQ 2013-0058-EXEC, Amending Monitoring and Reporting Progr am for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems . NPDES Permit No.

CA0037834 Incorporates the requirements to comply with the SSO WDR by reference in the treatment plant to operate Order No. R2-2014-0024 that regulates the Palo Alto Regional Water Quality Control Plan and City of Palo Alto’s wastewater collection system.

Documentation Organization
This SSMP has been prepared by The City of Palo Alto’s Utilities Department – Wastewater Operations, Engineering, and Public Wor ks – Environmental Services Staff in compliance with the SWRCB. Quoted language taken from the SSO WDR will be boxed at the beginning of each element. The SSO WDR uses the term “Enrollee” to mean each individual municipal wastewater agency that has completed and submitted the required application for coverage under the WDR (in this case, the Enrollee is the City of Palo Alto.

The City of Palo Alto’s waste discharger identification number (WDID) in the California Integrated Water Quality System (CIWQS) is 2SSO10164.

The City of Palo Alto’s SSMP contains 11 elements and is designed to meet the SSO WDR requirements and the City’s Treatment Plant NPDES Permit. The structure of this document follows the section numbering and nomenclature specified in the SSO WDR.

SSMP Elements
This SSMP includes 11 elements that are listed below. Each element forms a section of this document.

1. Sewer System Management Plan Goal and Introduction

2. Organization

3. Legal Authority

4. Operation and Maintenance Program

5. Design and Performance Provisions

6. Spill Emergency Response Plan

7. Sewer Pipe Blockage Control Program

8. System Evaluation, Capacity Assurance and Capital Improvements

9. Monitoring, Measurement and Program Modifications

10. Internal Audits

11. Communication Program
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Version Sewer
Management Plan

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2023 Sewer System Management Plan
City of Palo Alto

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Element 1: Sewer System Management Plan Goal and Introduction City of Palo Alto SSMP Goals:
• Repair, rehabilitate, replace, and upgrade system components as needed; • Properly manage, operate and maintain the wastewater collection system; • Cost effectively minimize I/I and provide sufficient system capacity; • Eliminate all preventable overflows in dry and wet weather; • Maintain an effective spill response that reduces overflow impact to public health & the environment; • Analysis and evaluation of historical spills to provide recommendations to reduce future risk; • Identify system blockages due to fats, oil, and grease (FOG) and develop strategies to decrease backups; and
• Provide regular training for City of Palo Alto Utility Staff and Contractors in wastewater collection system maintenance, operations, and emergency response.

Statewide Waste Discharge Requirements

The goal of the Sewer System Management Plan (Plan) is to provide a plan and schedule to: (1) properly manage, operate, and maintain all parts of the Enrollee’s sanitary sewer system(s), (2) reduce and prevent spills, and (3) contain and mitigate spills that do occur. The Plan must include a narrative Introduction section that discusses the following items:

1.1. Regulatory Context
The Plan Introduction section must provide a general description of the local sewer system management program and discuss Plan implementation and updates.

1.2. Sewer System Management Plan Update Schedule
The Plan Introduction section must include a schedule for the Enrollee to update the Plan, including the schedule for conducting internal audits. The schedu le must include milestones for incorporation of activities addressing prevention of sewer spills.

1.3. Sewer System Asset Overview
The Plan Introduction section must provide a description of the Enrollee -owned assets and service area, including but not limited to:
• Location, including county(ies);
• Service area boundary;
• Population and community served;
• System size, including total length in miles, length of gravity mainlines, length of pressurized (force) mains, and number of pump stations and siphons;
• Structures diverting stormwater to the sewer system;
• Data management systems;
• Sewer system ownership and operation responsibilities between Enrollee and private entities for upper and lower sewer laterals;
• Estimated number or percent of residential, commercial, and industrial service connections; and • Unique service boundary conditions and challenge(s).

Additionally, the Plan Introduction section must provide reference to the Enrollee’s up to-date map of its sanitary sewer system, as required in section 4.1. (Updated Map of Sanitary Sewer System) of this Attachment.

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1.1 Regulatory Context
The City of Palo Alto has adopted a SSMP in accordance with the SWRCB statewide waste discharge requirements. The first SSMP to be adopted by City Council was in July 2009. Since the first adoption of the SSMP, the plan has been audited and updated to remain compliant with the SWRCB’s regulations.

Under the reissued General Order, 2022-0103-DWQ, the SSMP must be updated within every six (6) years after the required due date of its last plan update.

1.2 Sewer System Management Plan Update Schedule
The SWRCB has created an online look up tool to show each System’s SSMP audit and update due dates. https://www.waterboards.ca.gov/water_issues/programs/sso/lookup/

The City’s SSMP update schedule is shown in the Table 1 below and follows the required plan update pattern of every six (6) years.

Table 1: SSMP Audit Due Dates
8/2/2025 8/2/2031 8/2/2037 8/2/2043
8/2/2049 8/2/2055 8/2/2061 8/2/2067
8/2/2073 8/2/2079 8/2/2085 8/2/2091

1.3 Sewer System Asset Overview
The City of Palo Alto’s sanitary sewer system serves a population of 67,937 residents in a 26 square mile service area within Santa Clara County. The City owns and operates 206 miles of gravity wastewater collection system pipeline that ranges from 4 to 72 inches in diameter, 3,460 manholes, 80 lamp-holes, 900 feet of 10-inch diameter force main, and 1 wastewater lift station. Of the total piping system, 12% (25.8 miles) are located in easements. The City also owns and maintains the lower portion of 17,739 service laterals. The upper portion of the service lateral from the cleanout or property line to the building and the entire portion of the service lateral connected to the main pipeline located in easements are owned and maintained by the individual private property owners. Maintenance of and responsibility for upper laterals can be found in Appendix G or Rules and Regulations 23, Section C at the City of Palo Alto Utilities Website: http://www.cityofpaloalto.org/civicax/filebank/documents/8211

Wastewater is treated at the Regional Water Quality Control Plant (RWQCP) that is operated by the City of Palo Alto in partnership with the City of Mountain View, City of Los Altos, East Palo Alto Sanitary District, Town of Los Altos Hills, and Stanford University. In addition to the City of Palo Alto’s collection system, wastewater is conveyed to the RWQCP from several wastewater collection systems operated by and serving the Cities of Los Altos and Mountain View, the Town of Los Altos Hills, the East Palo Alto Sanitary District. Each of the municipalities, districts, and unincorporated areas of Stanford University campus are obligated by agreement or contract to operate, maintain, and improve its wastewater collection system to ensure there are no adverse impacts to the RWQCP.

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Table 2: Inventory of Mains by Diameter
Pipe Diameter (IN) Length (LF) Number of Segments
4” 2,352 28

4.9” 8,625 29

5.4” 39,210 130
6” 332,754 1,252

6.6” 19,464 60

7.6” 9,728 34
8” 396,690 1,300
10” 70,554 252
12” 54,960 186
14” 6,515 24
15” 51,438 176
16” 6,034 20
18” 28,359 107
21” 13,920 48
24” 10,918 41
26” 570 2
27” 24,767 72
30” 15,325 35
33” 5,809 16
36” 15,327 39
39” 5,566 13
42” 7,545 24
54” 2,180 1
60” 536 1
72 8,450 12
Unknown 4,157 29
Total 1,141,753 (216.25 Miles) 3,931

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Table 3: Inventory of Mains by Age
Sewer Construction Dates Feet Miles
Sewer Constructed 2000 to Current 230,725 43.70
Sewer Constructed 1980 to 1999 88,844 16.83
Sewer Constructed 1960 to 1979 11,542 2.19
Sewer Constructed 1940 to 1959 38,225 7.24
Sewer Constructed 1920 to 1939 4,456 .84
Sewer Constructed 1900 to 1919 Unknown Unknown
Sewer Constructed Before 1900 Unknown Unknown
Unknown 767,962 145.45

Table 4: Inventory of Mains by Material
Material Feet Miles
ABS 116 .02
ACP 5,095 .96
CIP 530 .10
CIPP 19,406 3.68
DIP 136 .03
PCP 12,283 2.33
PE 301,138 57.03
PVC 42,331 8.02
RCP 29,746 5.63
Steel 248 .05
VCP 284,426 53.87
Unknown 446,659 84.59

Table 5: Inventory of Lower Laterals
Agency Number of Laterals
City of Palo Alto 18093

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Table 6: Inventory of City Owned Lower Laterals by Material Material Feet Miles
ABS 55,426 10.50
ACP 11,794 2.23
CIP 1,643 .31
DIP 16 .00
PE 115,712 21.92
PVC 17,895 3.39
Steel 114 .02
VCP 30,091 5.70
Unknown 17,637 3.34

Data Management Systems
The City is currently in contract with Sedaru, which is owned by Aquatic Informatics, as their enterprise asset management software. The Sedaru program can be used out in the field using tablets or in the office using a desktop computer. WGW Operations and Engineering team are working with the Sedaru to continue improving the software system.

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Element 2: Organization

2.1 Organizational Structure
An organizational chart for Water Gas Wastewater Operations (WGW) is shown in Figure 1 . This organization shows the lines of authority for administrative and field staff who are involved with implementing the SSMP.

Statewide Waste Discharge Requirements

The Plan must identify organizational staffing responsible and integral for implementing the local Sewer System Management Plan through an organization chart or similar narrative documentation that includes:

• The name of the Legally Responsible Official as required in section 5.1. (Designation of a Legally Responsible Official) of this General Order;
• The position titles, telephone numbers, and email addresses for management, administrative, and maintenance positions responsible for implementing specific Sewer System Management Plan elements;
• Organizational lines of authority; and
• Chain of communication for reporting spills from receipt of complaint or other information, including the person responsible for reporting spills to the State and Regional Water Boards and other agencies, as applicable. (For example, county health officer, county environmental health agency, and State Office of Emergency Services.)
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Figure 1: Organizational Chart

Position Descriptions
Brief descriptions of the staff positions included on the organizational chart.

Utilities Director
Oversees the overall program, communicates with City Manager, provides reports to the City Council and designates Legally Responsible Official (LRO) to certify spill reports.

Assistant Director, WGW Operations and Engineering
Oversees the program and communicates with the media. This classification can be designated as an LRO.

Manager, Utilities Compliance
Supports the collection systems program through evaluation of service reliability inspections related to collection system programs. Provides support and assistance with regulatory and environmental compliance.

Manager, Utilities Communications
Disseminates urgent and pertinent information to the public in a timely manner.

Manager, WGW Operations
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Manages five WGW Operations Supervisors. Has the appropriate knowledge and expertise of the City’s wastewater infrastructure to make decisions. This classification can be designated as an LRO.

Utilities Supervisor, Wastewater Operations
Manages field operations and maintenance activities for the sanitary s ewer collection system, provides relevant information to agency management, prepares, and implements contingency plans, leads emergency response, investigates, and reports spills, and trains field staff. This position has an account with the State Water Bo ard online spill database and submits spill data that is ultimately reviewed and certified by the LRO. The State designates these persons as Data Submitter.

Business Analyst
Assist in wastewater collection system data analysis and report generation. The State designates these persons as Data Submitters.

Installer/Repairer Lead
Leads crews in the performance of routine maintenance and inspection. Oversees and participates in the installation and repair projects of Wastewater Operations. Responds to after hour spills if part of Standby Operations. Referred to as a Wastewater Operator in the SSMP.

Installer/Repairer
Under direction of Wastewater Supervisor, performs routine maintenance and inspection. Participates in the installation and repair projects of Wastewater Operations. Also responds to after hours spills if part of the Standby Operations Team. Referred to as the Wastewater Operator in the SSMP.

Manager, WGW Engineering
Establishes policy, plans strategy, reviews the SSMP engineering related information, leads engineering staff, allocates resources, delegates responsibility, and authorizes outside contractors to perform services for rehabilitation and new construction of wastewater improvements.

Senior Wastewater Engineer
Manages and administers the Capital Improvement Program (CIP).

Utilities Project Coordinator
This position has an account with the State Water Board online CIWQS database and submits spill data that is ultimately reviewed and certified by the LRO. This position is a Data Submitter for the City.

Inspector
Conducts inspections of construction projects including contract and CIP projects. Ensures that new and rehabilitated assets meet agency standards.

Manager, Watershed Protection
Manages the development, implementation and administration of various environmental compliance and water pollution prevention programs for the Regional Water Quality Control Plant. Maintains and updates the City’s Sewer Use Ordinance.

Manager, Environmental Control Program
Administers the City’s Fats, Oils and Grease (FOG), Industrial Waste, and Storm Water Programs.

Environmental Compliance Division (ECD) Industrial Waste Investigator Conducts inspections and industrial, commercial, and food service facilities.

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Environmental Compliance Division (ECD) Industrial Waste Inspector, Storm Water Investigates the illegal discharge of wastewater to the storm drains.

Environmental Compliance Division (ECD) Industrial Waste Inspector, Sampling Collects samples and inspects discharge locations including creeks and grease removal devices.

Environmental Compliance Division (ECD) Engineering Tech III Inspects food service facilities

2.2 Responsibility for SSMP Management, Administration, and Maintenance The City’s Utilities Director has the ultimate responsibility for management, administration, and maintenance of all elements of the City’s SSMP. The responsibility for day -to-day implementation and maintenance of each of the City’s SSMP Elements has been delegated to City Staff. Table 7 lists the City Staff involved with developing, implementing, and maintaining the City’s SSMP, along with their job titles and contact information.

Table 7: List of City Staff Responsible for the SSMP
SSMP Element Responsible City Official Phone e-Mail
Element 1 Sewer
System Management
Plan Goal and
Introduction
Dean Batchelor, Utilities
Director
(650)496-6981 Dean.Batchelor@cityofpal
oalto.org
Element 2 Organization Anthony Meneses, WGW
Operations Manger
(650)496-6907 Anthony.Meneses@cityof
paloalto.org
Element 3
Legal Authority
Pam Boyle Rodriguez,
Manager Environmental
Control Program
Watershed Protection
(650)329-2421 Pamela.BoyleRodriguez@
cityofpaloalto.org
Element 4
Operation and
Maintenance Program
Robert Bishop, Interim
Supervisor
WGW Operations
(650)329-2218 Robert.Bishop@cityofpalo
alto.org
Element 5
Design and
Performance
Provisions
Silvia Santos, Manager
WGW Engineering
(650)566-4520 Silvia.Santos@cityofpaloal
to.org
Element 6
Spill Emergency
Response Plan
Robert Bishop, Interim
Supervisor WGW Operations
(650)496-6917 Robert.Bishop@cityofpalo
alto.org
Element 7
Sewer Pipe Blockage
Control Program
Pam Boyle Rodriguez,
Manager Environmental
Control Program Watershed
Protection
(650)329-2421 Pamela.BoyleRodriguez@
cityofpaloalto.org
Element 8
System Evaluation,
Capacity Assurance and
Capital Improvements
Silvia Santos, Manager
WGW Engineering
(650)566-4520 Silvia.Santos@cityofpaloal
to.org
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2.3 Legally Responsible Official
Under Resolution No. 9380, the City Council has adopted the following City employee classifications as potential Legally Responsible Officials (LROs):

Assistant Director of Utilities
Water Gas Wastewater Operations Manager
Utilities Compliance Manager
Wastewater Collections Supervisor
Out of these potential employee classifications, only the Assistant Director of Utilities and Water Gas Wastewater Operations Manager maintain the qualifications that are stipulated in the reissued General Order. Per Section 5.1 of the Order 2022-0103-DWQ, the LRO must have responsibility over the entire sanitary sewer system and have the authority to make decisions governing operations of the sewer system, including explicit or implicit duty of making capital improvement recommendations.

Furthermore, the LRO must have or be in direct authority over individuals that:

1. Possess a recognized degree or certificate related to operations and maintenance of the sewer system, and/or

2. Have professional training and experience related to the management of sanitary sewer systems, demonstrated through extensive knowledge, training and experience.

In consideration of the above criteria, the City of Palo Alto has designated Matt Zucca, Water Gas Wastewater Operations and Engineering Assistant Director, and Anthony Meneses, WGW Operations Manager, as the Legally Responsible Official.

2.4 Chain-of-Communication for Reporting and Responding to Spills In response to a spill event, City of Palo Alto Utilities also known as Water, Gas, Wastewater Operations implements its Spill Emergency Response Plan, discussed in detail in Element 6. The Spill Emergency Response Plan provides direction for the immediate verbal and written no tification of City Staff and California Office of Emergency Service (Cal OES).

All spill-related calls from the Public and City Staff are routed to the City’s 24 -hour Dispatch Center for proper documentation and tracking. The Dispatch Center is responsible for routing the spill calls to Wastewater Operations - Emergency Response Team (ERT) during regular business hours and to the Standby Operations - Emergency Response Team after hours.

Element 9
Monitoring,
Measurement and
Program Modifications
Anthony Meneses, Manager
WGW Operations
(650)496-6932 Anthony.Meneses@cityof
paloalto.org
Element 10
Internal Audits
Anthony Meneses, Manager
WGW Operations
(650)496-6932 Anthony.Meneses@cityof
paloalto.org
Element 11
Communications
Program
Catherine Elvert, Manager
Utilities Communications
(650)329-2417 Catherine.Elvert@cityofpa
loalto.org
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Wastewater Operations
ERT consists of Installer/Repairers (I/R). During regular business hours, the ERT arrives on site and assesses the situation. If the event is a Category 1 or 2 Spill, ERT will call the Utilities Supervisor as soon as possible while containing the spill, relieving the blockage/stoppage, and documenting the event. Category 3 and 4 Spills will have the same procedure stated above except notification to the Utilities Supervisor is not necessary. The ERT is responsible for communicating the details of the event to Management, ensuring all necessary paperwork is completed in full.

Standby Operations
ERT consists of a team of 3 which includes 2 Installer/Repairers who are designated as Primary Responder, Secondary Responder, and a Heavy Equipment Operator (HEO) in case of major repairs. Standby Operations ERT is an after-hours operation and uses the same process as the Wastewater Operations ERT.

The Dispatch Center records communications between the callers, the responders and any other supporting team that is being dispatched to the spill scene. Important ph one numbers for City Staff involved in spill response are shown on Table 8.

Table 8: Phone Numbers for Spill Response
Responsible Party Name Phone Number
24hr Dispatch Center Utilities Emergency Dispatch (650) 329-2579 Police Department 24-Hour Non-Emergency Police Dispatch (650) 329-2413 Emergency/Crossbore/Radio Call
Sign 413
I/R Class, Emergency Response normal
working hours
(650)213-2633
Primary ERT I/R Class, Standby Operations after hours (650)444-6198 Secondary ERT I/R Class, Standby Operations after hours (650)444-5290 WGW Operations Office Administrative Staff (650) 496-6982 Utilities Supervisor
(Interim Wastewater Operations)
Robert Bishop (650) 329-2218
Legally Responsible Official(s) Anthony Meneses
Matt Zucca
(650)496-6907
(650) 329-2639
Data Submitters Venessa Fujii (650) 496-6994

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Element 3: Legal Authority

3.1 Legal Authority
The Palo Alto City Council has the power to enact ordinances and other legally binding instruments to regulate usage and prevent discharges to the sewer, including but not limited to fats, oils, grease, and debris that may cause blockages. The City has approved and adopted the Sewer Use Ordinance (Palo Alto Municipal Code (PAMC), Title 16, Chapter 16.09 Appendix H), the Utilities Rules and Regulations (Appendix G) and the Utility Standards (Appendix I) to govern the collection, maintenance, and construction of the wastewater facilities within the City. In addition, the City has entered into several agreements with its partner agencies to the RWQCP that obligates those agencies to comply with both City requirements and the WDR and NPDES permit.

The specific purpose of the City’s Sewer use Ordinance is to prevent the discharge of any pollutant into the sewer system, the storm drain system, or surface waters, which would:

1. Obstruct or damage the collection system;

2. Interfere with, inhibit or disrupt the Palo Alto Regional Water Quality Control plant or its treatment processes;

3. Pass through the treatment system and contribute to violations of the regulatory requirements placed upon the plant;

4. Result in or threaten harm to or deterioration of human health or the environment.

The Utilities Rules and Regulations, approved and adopted by resolution of the City of Palo Alto City Council, govern the business operation of the City’s utilities, including access, maintenance, and inspection of City-owned laterals.

The Utility Standards govern the requirements for proper design, construction, and maintenance of water, gas, and wastewater utility facilities and connections within the City of Palo Alto. Element 5 contains Statewide Waste Discharge Requirements

The Plan must include copies or an electronic link to the Enrollee’s current sewer system use ordinances, service agreements and/or other legally binding procedures to demonstrate the Enrollee possesses the necessary legal authority to:
• Prevent illicit discharges into its sanitary sewer system from inflow and infiltration (I&I); unauthorized stormwater; chemical dumping; unauthorized debris; roots; fats, oils, and grease; and trash, including rags and other debris that may cause blockages;
• Collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure to storm sewer infrastructure;
• Require that sewer system components and connections be properly designed and constructed; • Ensure access for maintenance, inspection, and/or repairs for portions of the service lateral owned and/or operated by the Enrollee;
• Enforce any violation of its sewer ordinances, service agreements, or other legally binding procedures; and
• Obtain easement accessibility agreements for locations requiring sewer system operations and maintenance, as applicable.

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greater detail regarding the Utility Standards governing the design and construction of sanitary sewer systems.

Enforcement provisions are found in Palo Alto Municipal Code (PAMC). Violations of the PAMC can be addressed through criminal, judicial, administrative, and/or injunctive action. The City may assess monetary fines as well.

3.2 Sewer Use Ordinance
Table 9 contains a summary of pertinent Sewer Use Ordinance provisions relevant to SSMP implementation. Note that this summary is provided for convenience only; users should consult with the Utilities Compliance Manager or the City Clerk’s Office to confirm that they are using the most recent version of the City’s Sewer Use Ordinance.
(https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-71241)

Table 9: Palo Alto Municipal Code Provisions Relevant to SSMP Provision Palo Alto Municipal Code Reference
Purpose and applicability 16.09.005
Limitations of point of discharge 16.09.030
Prohibitions 16.09.035
Standards 16.09.040
Grease disposal prohibited 16.09.050
Unpolluted water 16.09.055
Food service establishments 16.09.075
Industrial waste discharge permit 16.09.080
Requirements for construction operations 16.09.170
Root and pest control chemicals 16.09.210
Enforcement – Warning 16.09.240
Enforcement – Notice of noncompliance 16.09.245
Enforcement – Administrative compliance order 16.09.250 Enforcement – Criminal penalties 16.09.255
Enforcement – Administrative citation 16.09.260
Enforcement – Administrative civil penalties 16.09.265
Enforcement – Judicial civil penalties 16.09.270
Damage to facilities 16.09.275
City right to terminate discharge 16.09.280

3.3 Utilities Rules and Regulations
Table 10 contains a summary of pertinent Utilities Rules and Regulations relevant to SSMP implementation. See Appendix G or check the link below for the most recent versions of the Utilities Rules and Regulations.

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Table 10: Utilities Rules and Regulations Relevant to SSMP Rule/Regulation Reference
Adoption of Rules RR01
Definitions and Abbreviations RR02
Description of Utility Service RR03
Application for Service RR04
Access to Premises RR08
Disconnection, Restoration & Termination of Service RR09 Billing, Adjustment & Payment of Bills RR11
Line Extensions RR16
Utility Service Connections & Facilities on Customers’ Premises RR18 Special Wastewater Utility Regulations RR23

3.4 Agreements with Other Agencies
The Regional Water Quality Control Plant administers and manages an agreement with each of the partner agencies: City of Mountain View, City of Los Altos, East Palo Alto Sanitary District, Town of Los Altos Hills and Stanford University. Provisions in the Partners Agreement, Appendix M, requires that the agencies adopt companion ordinances and regulations to assure no upset or damaging conditions will affect the RWQCP in the partner wastewater discharges. The City and partner agencies meet and discuss var ious issues on a regular basis. Each partner agency is responsible for its own collection operations maintenance and regulatory compliance.

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Element 4: Operation and Maintenance Program

4.1 Sanitary Sewer System Mapping
The City of Palo Alto uses Geographic Information System (GIS) technology to create, maintain, and manage maps and data sets associated with its was tewater collection system facilities, storm drainage facilities, and force mains. Location, pipe, and manhole inventory data including length, diameter, material, rim/invert elevations, street address, and other information are maintained.

4.1.1 Mapping
Since 1995, the WGW Engineering staff has maintained and utilized the City’s GIS system for the Wastewater Collection System. Wastewater Collection System Map Books are in all service vehicles assigned to Wastewater Operations, Offices, and in the WGW Operations center. Wastewater Collection Statewide Waste Discharge Requirements

The Plan must include the items listed below that are appropriate and applicable to the Enrollee’s system.

4.1. Updated Map of Sanitary Sewer System
An up-to-date map(s) of the sanitary sewer system, and procedures for maintaining and providing State and Regional Water Board staff access to the map(s). The map(s) must show gr avity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities within the sewer system service area boundaries.

4.2. Preventive Operation and Maintenance Activities
A scheduling system and a data collection system for preventive operation and maintenance activities conducted by staff and contractors. The scheduling system must include:
• Inspection and maintenance activities,
• Higher-frequency inspections and maintenance of known problem areas, • Regular visual and closed -circuit television (CCTV) inspections of manholes and sewer pipes. The data collection system must document data from system inspection and maintenance activities.

The data collection system must document data from system inspection and maintenance activities, including system areas/components prone to root -intrusion potentially resulting in system backup and/or failure.

4.3. Training In -house and external training provided on a regular basis for sanitary sewer system operations and maintenance staff and contractors. The training must cover:
• The requirements of this General Order;
• The Enrollee’s Spill Emergency Response Plan procedures and practice drills; • Skilled estimation of spill volume for field operators; and • Electronic CIWQS reporting procedures for staff submitting data.

4.4. Equipment Inventory
An inventory of sewer system equipment, including the identification of critical replacement and spare parts.

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System Map Books are in the form of a 200 -scale map book, which are in sizes of 11”x17” and 24”x16” with a green front cover.

Updates to Existing Drawings
Corrections are made to maps in the GIS system by WGW Engineerin g when requested by Wastewater Operations. Proposed corrections identified by Wastewater Operations are delivered by electronic service orders to the WGW Engineering staff as field staff discovers corrections. Engineering staff makes map revisions weekly b ased on these orders. Map books are provided to Wastewater Operations by WGW Engineering every 18 months to 2 years. Interim changes on individual pages can be printed from GIS and given to personnel prior to the distribution of map books.

Storm Drains
Storm drains are also shown on GIS and can be viewed by Wastewater Operations. The City’s Public Works Engineering staff is responsible for maintaining the storm drain map. The Storm Drain System GIS is equipped with a tool called “FLO” that can electronically trace the location of any overflow from the source to downstream locations, including storm drains, lift station, or creeks. In addition to the GIS map, a Map Book of the City’s Storm Drain System Map is kept in the WGW Operations Center and all service vehicles assigned to Wastewater Operation. The system map can be used to determine the routing of spills, to potentially block storm drains and contain the volume of overflows before they reach waters.

4.1.2 New Improvement Plan Drawings
Upon acceptance b y the City Council of all new and dedicated infrastructure, record drawings are prepared by WGW Engineering for inclusion in the GIS and sewer maps. A copy of record drawings are scanned for map updates, catalogued, and inserted into the GIS system upon in stallation of newly constructed and dedicated sewer mains, storm drains, and associated facilities. Drawings are submitted in both hard copy and electronic format. A scanned copy of record drawings from contractors and developers is provided to the Wastewater Operations so they have a record of improvements and facilities on hand prior to the publication and receipt of updated system maps. The hardcopies of records are maintained in the WGW Operations Center. As part of each rehabilitation and replacement p roject, contractors provide GPS data for sewer collection facilities like cleanouts, lateral connection locations, and manholes. Engineering uses this information in its updates of the GIS and wastewater collection system facilities.

4.2 Preventative Maintenance
The City’s wastewater collection system Operation and Maintenance (O&M) Program includes proactive, preventive, and corrective maintenance of gravity sewers, and regular inspection and preventive maintenance of the lift station and force main. Figure 2 provides a map of the City’s Wastewater Collection System service area including the Partner Agency service areas.

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Figure 2: Sewer System Service Area

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4.2.1 Staffing
The City has twelve O&M employee positions dedicated to Wastewater Operations. The 12 O&M employees consist of the following budgeted positions:
1 Utilities Supervisor (Wastewater Operations)
2 Installer/Repairer Leads (I/R Leads)
8 Installer/Repairers (I/R)
1 Heavy Equipment Operator (HEO)
Other Wastewater Operation staf f that support O&M include the Assistant Director, WGW Operations Manager, Utilities Project Coordinator, Business Analyst, Utilities Communications Manager, and a Program Assistant.

4.2.2 Preventative Maintenance for Gravity Sewer Mains
The City is committed to proactively cleaning its entire collection system on a frequency of at least every 36 months except for trunk lines (lines greater than 15 inches) and certain lines located in easements.

Table 11 shows the cleaning frequencies for the various categ ories of lines. Pipes with historical maintenance issues like heavy FOG deposition, “hotspot” or high frequency lines, are cleaned on a preventive maintenance schedule every 3 or 6 months. The City collects and analyzes maintenance and other condition asse ssment data during its proactive and preventive cleaning of lines. The cleaning frequency of hotspot lines may vary and be increased seasonally, during holiday periods for example, and in areas with heavy FOG deposits. In the future, the frequency of sewer cleaning may be adjusted to optimize efforts based on cleaning results measured by the observed results and condition assessment by CCTV.

Table 11: Minimum Cleaning Frequencies for Line Type
Line Type Minimum Cleaning Frequency in Months
Hot Spot Lines 3 to 6 months
Easement Lines 36 months
Trunk Lines (Lines greater than 15 inches) 60 months
Siphons 12 months
All Other Lines 12 to 36 months

Figure 3 provides a map of the City’s Wastewater Collection System and cleaning frequencies. The City uses its own staff and contractors to perform all cleaning of City wastewater collection system lines.

Gravity sewer maintenance is currently scheduled using a co mputerized maintenance management system (CMMS) called Sedaru. Maintenance activities and cleaning results are recorded in Sedaru for each segment of pipe cleaned. Work orders are generated and are used to schedule cleaning of “Hotspot” or high frequency lines as well as for the system-wide cleaning of all other pipes and siphons. Although the goal is to have all work orders assigned and completed within Sedaru, there are times when a paper work order is completed instead. Wastewater Operators are to delive r completed paper work orders to the Utilities Project Coordinator at the end of each working day so that it can be recorded into Sedaru. The City’s work order form used for dispatching work and recording completed work is shown in Appendix A and B.

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Figure 3: City of Palo Alto Sewer Line Cleaning Frequencies

An important aspect of the City’s sewer cleaning program is the recording of cleaning results for each manhole-to-manhole pipe segment using code -based standard results in the Standard Measures of Observed Results on the Mainline Work Order From, Appendix A. The results provide a basis for the Item 3
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Utilities Supervisor to modify the frequency or method of cleaning for that pipe segment to reflect current field conditions. Follow -up video inspections and/or repairs are requested as needed by the Utilities Supervisor to assure quality of the cleaning and for training of City employees. This process is shown in Figure 4.

The City is currently beginning a process to define the cleaning and maintenance requirements of all system siphons that have not had regular maintenance. This program will evaluate required equipment, procedures, frequency of evaluation and cleaning and the possible use of contractors to conduct this work when required.

Main cleaning is presently performed on a basin based approach utilizing twenty-seven (27) basins defined in the City’s GIS. Basins are geographically located to reduce travel time to the basin and maximize productivity once work in the basin is initiated. Figure 5 contains the current Wastewater Collection System Basin Map. Work orders are prepared in routes which include about 3,500 to 5,000 linear feet of cleaning and are provided to Wastewater Operators at the start of each day. A team of 2 Operators are assigned to complete daily wastewater main cleaning per a schedule. Sometimes there are two teams working on cleaning depending on emergency response, work load priorities, and projects. Most cleaning is accomplished by hydroflushing wastewater mains using a combination high velocity hydroflushing/vacuum truck. The City has two of these units assigned to Wastewater Operations.

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Figure 4: Sewer Cleaning Scheduling Flowchart

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Figure 5: City of Palo Alto Wastewater Utility Basin Map

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4.2.3 Main Inspection
Inspections are performed by Wastewater Operations field staff with the use of a CCTV van equipped with a camera, a computer, and Granite Basic software. Small, portable cameras are also available for use in small diameter lines/laterals and special cases where the CCTV van system is cumbersome.

Quality Assurance/Quality Control (QA/QC)
Quality Assurance/Quality Control is used to provide feedback to Wastewater Operations on the quality of their cleaning on approximately 2% of the footage of cleaning performed. Formal QA/QC consists of performing CCTV inspection of selected lines within 2 weeks of their cleaning. The I/R Lead provides feedback to support modification of cleaning processes, practices, techniques, and tool-use to improve line cleaning quality located in the Sedaru work order. Feedback is generally given in staff meetings and in one-on-one meetings with employees.

Pipeline Assessment Certification Program (PACP)
Pipeline Assessment Certification Program is the North American Standard for pipeline defect identification and assessment, providing standardization and consistency to the methods in which pipeline conditions are identified, evaluated, and managed. This program provides a framework for ranking line segments based on severity of observed defects and conditions. The pipe ratings are based on the number of occurrences and severity of each defect or condition. Structural and O&M defects are calculated separately. The data obtained from these inspections are used to assist in the prioritization of the City’s sewer rehabilitation and replacement program as well as the identification of hotspots requiring regular flushing. Currently, work orders are generated from Sedaru for Lateral Assessment Certification Program (LACP) and spills. These lines are inspected by an I/R Lead who holds a PACP Certification through NASSCO. Defects in the Wastewater Collection System are identified, graded and managed through the Granite Basic Software. PDF reports are exported and printed by Granite Basic and stapled together with the Sedaru work order. It is then turned in at the end of the day to be entered into Sedaru by the data submitter who must scan and attach the report to each work order form and close it out.

Manhole Inspections
The City will assess the condition of the manholes and other structures using City field crews and visual inspection methods during its system-wide sewer cleaning. Manhole Inspection forms should be completed on the SEDARU app when in the field.

4.2.4 Lower Lateral Maintenance
As with mainline maintenance frequencies, problem laterals that warrant a higher cleaning frequency due to root intrusion or structural defect are placed on a 12 month cleaning frequency scheduled in Sedaru. If the problem lateral continues to have repeated service calls, or results in multiple backups or spills, it is placed on the lower lateral Replacement/Repair list and its cleaning frequency is increased.

Lower lateral cleaning is performed by using 2 methods. One being an electric power rodder/snake mostly used by the ERT during preventive maintenance (SOAP) and our new Hydrojetter Truck used for the AJAC Program.

Sewer Overflow Alternative Program (SOAP)
SOAP is the City of Palo Alto’s preventive maintenance program. The Wastewater Operations Department uses an electric power rodder which is a portable unit that is kept in the ERT Van. The Wastewater Operators assigned to the ERT will respond to emergency blockages, stoppages, and spills.

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When there are no emergencies, the Operators will complete planned work in paper or digital SOAP work orders. A tablet with the Sedaru App is given to this team to complete work orders. The Wastewater Project Coordinator can review data that was submitted from the field, enter data, and close work orders in Sedaru.

Advanced Jetting And Cleaning (AJAC)
AJAC is similar to the SOAP program but dedicated to hydrojetting lines. The Wastewater Operators assigned to AJAC will focus on preventive maintenance. This team is to complete paper or digital AJAC work orders on the Sedaru App. A Utilities Project Coordinator can review data that was submitted from the field, enter data, and close work orders in Sedaru. Teams assigned to the Combination Truck can be assigned AJAC if all routes have been completed and there are no emergencies.

4.2.5 Lower Lateral Inspection
Inspections are performed by Wastewater Operators by using small, portable CCTV units (Rigid See Snakes as well as other brands). It is used to confirm cleaning frequencies, methodologies, and determine effectiveness of a cleaning as well as finding crossbores, structural defects, and infiltration.

CCTV of New Gas Service/Crossbore Program Once a new gas service is installed/replaced by New Construction/Gas Operations, ERT is dispatched to do a sewer lateral inspection for crossbores. ERT must inspect the entire length of the sewer lateral, both City and Private. If there is no access for the private sewer lateral, a contractor must be dispatched to clear for crossbore. Wastewater Operators assigned to ERT will use a Portable CCTV Camera to complete inspections. Details of the inspection are recorded on a Lateral Work Order form, see Appendix B, which are turned in at the end of the day or submitted on the Sedaru App. If a crossbore is found, repairs are completed the same day.

Quality Assurance/Quality Control (QA/QC) Same as 4.2.3 Section A but for Laterals Lateral Assessment Certification Program (LACP) Same as 4.2.3 Section B but for Laterals

4.2.6 Lift Stations
The City operates and maintains one lift station. Wastewater Operations perform routine operational checks of the station once a month and the wet well is cleaned annually. The Water Transmission Division of Utilities also performs weekly visual inspections of the station. Preventive maintenance for mechanical and electrical equipment is done annually by WGW Operations General Shop. The station has an audible alarm and is connected through a SCADA system to the Utilities Dispatch Center. The station serves approximately 25 homes and a portable generator is available in the event of power outages.

4.2.7 Force Mains
The City has one 10-inch diameter force main of 900 linear feet that serves the lift station in Foothill Park. (A force main moves wastewater under pressure by using pumps located in lift stations. They carry wastewater from lower to higher elevation). Wastewater Operations conducts annual above-ground visual inspections for signs of problems or leakage from the force main.

4.2.8 Chemical Root and Grease Control
Lines with a history or record of significant root intrusion, or in areas that are not readily accessible such as parks or easements, may be treated with chemicals to control root growth on an as needed basis.

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Wastewater Operations occasionally applies commonly used herbicides for this purpose as well as grease emulsifying agents to assist with FOG control. The City also contracts a root control contractor to apply root foaming applications to identified areas of high root intrusion throughout the City.

4.3 Rehabilitation and Replacement Plan
Since 1988, the City has had an ongoing Capital Improvement Program (CIP) to rehabilitate and replace its sewer infrastructure. On average roughly 9,100 feet of sewer mains are replaced each year. Since 1988, approximately 64 miles of sewer mains have been rehabilitated or replaced, primarily by pipe bursting with high-density polyethylene (HDPE) pipe. Since 2005, the sewer rehabilitation projects have also included replacement of the associated lower laterals.

Areas of the system are targeted for rehabilitation based on the results of CCTV inspection, review of spill records, and line cleaning maintenance records. In addition, lines may be prioritized and replaced in selected “targeted work zones” where City Public Works has planned pavement rehabilitation and improvement work scheduled. The wastewater CIP is overseen by WGW Engineering. Other, repair work is conducted on an as-needed basis by Wastewater Operations to address wastewater maintenance or structural problems identified through regular maintenance or CCTV inspection activities.

4.3.1 Gravity Sewers
The City’s Rehabilitation and Replacement Program is driven by the condition of its wastewater collection system assets as described above. In addition to main replacement, lower lateral replacements are done in response to maintenance problems, follow-up to spill events, and upon discovery by SOAP or QAQC program. Lateral repairs and replacements are performed by Wastewater Operations as well as contractors. Approximately 200 laterals are replaced annually in addition to those replaced as part of Sanitary Sewer Replacement (SSR) projects. Similar to main lines, lower laterals are generally replaced by pipe bursting with HDPE pipe.

4.4 Training
Training includes City-specific issues, such as operation of its key pieces of equipment, as well as general safety and operational issues, the SSMP and Spill Emergency Response Plan (SERP). The City uses both contracted and in-house training services and requires training or certification of conformance of training of contractors on its SERP and spill response procedures.

4.4.1 City Staff
Wastewater Operations uses a combination of in-house classes, on-the-job training, conferences, seminars, and other training opportunities to provide technical training for its wastewater collection system staff. Vendors provide training for new tools or equipment. A portion of weekly meetings are dedicated to training on various wastewater topics. These short meetings prior to the start of the day’s field work provide the opportunity for quick discussions of short topics related to specific collection system operations issues. The sources of technical training and training materials for the City’s wastewater collection staff are listed in Table 12 and Table 13.

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Table 12: Training Resources (Conferences, Seminars & Courses) Organization Event Timeframe References
California Water
Environment
Association (CWEA)
State Conference April www.cwea.org
Northern Regional Safety Conference September
Santa Clara Valley Section Meetings &
collections training events & Classes
Monthly
CWEA – San Francisco
Bay Area section
Meetings and collections training
events & classes
Monthly www.cwea.org
Bay Area Clean Water
Association (BACWA)
Collection Systems
Committee
Collection System Committee meetings Monthly www.bacwa.org

Table 13: Training Materials
Organization Materials Reference
California State University
Sacramento (CSUS)
Videos, manuals, home study
courses
www.owp.csus.edu

Other potential sources of training include the Water Environment Federation specialty conferences on collection system operations, webinars and publications that support sewer system education and training including the City’s risk management and insurance program pools that provide specific risk- based training for claims and risk reduction.

Wastewater Operators receive annual training on the following topics: volume estimation, storm water pollution prevention, confined space entry, biological and chemical hazards, Vactor safety, underground construction, gas detector use, application of overflow control materials, back injury prevention, overflow reporting and field documentation, and the content and procedures of the SSMP. In addition, the City provides free training and seminars on various professional development topics including computer applications, writing, and communication skills.

Individual training records are documented and maintained by the City’s Department of Human Resources.

4.4.2 Contractors Working on City Sewer Projects
The City requires contractors working on its wastewater collection system to have been trained on the City’s Sanitary Sewer Overflow Emergency Response Plan or have demonstrated they have been trained on an equivalent emergency response plan of their own. In addition, all City projects that may impact City wastewater collection system lines or facilities, require that the emergency procedures be discussed regularly, and especially at the pre-construction conference at the start of a project.

4.5 Equipment and Parts Inventory
A summary of major tools and equipment used by staff to maintain the City’s wastewater collection system is shown in Table 14. The smaller tools are kept inside the service vehicles and are easily accessible to Wastewater Operators. The larger tools and equipment are housed inside the City’s Municipal Service Center (MSC). The City also operates a General Store that maintains spare parts and critical operational items used by Wastewater Operations. Access outside of regular working hours is Item 3
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limited to supervisory and senior management. City vehicles are housed at the MSC as are bypass pumps, hoses, and other items to assist in containing and mitigating spills.

Table 14: Tools and Equipment Inventory List
Item Quantity Comments
Combination Hydroflush Truck
by Vactor
2 #8748, 2015 FREIGHTLINERS
#8747, 2015 FREIGHTLINERS
Hydrojetter Truck 1 #8791, 2017 FORD
Lead Service Truck 1 #8723, 2017 PETERBILT
Lateral Maintenance Vans 2 #7509, 2015 FORD
#7215, 2017 FORD
Supervisor Truck 1 #8721, 2010 FORD
Dump Truck 1 #8802, 2003 GMC 5 yard
Dump Truck 1 #8725, 2008 PETERBILT 10 yard
HEO Backhoe 1 #8738, 2008 CATERPILLAR
Inspection CCTV Van 1 #8793, 2004 FORD video from 6” to 24” main lines Inspection Cameras 6 Used as an assessment and inspection tool Emergency Trailer 1 Located in MSC
Shoring Trailer 1 Located in MSC. Used for deep trenches. 6” Pump 1 Located in MSC
2” pump 3 Located in MSC
Snake/ Rooter Machine 4 Mechanical pipe cleaner. Cuts roots and debris.

Mini Snake/ Rooter Machine 1 Mechanical pipe cleaner. Cuts roots and debris.

Smoke Machine 1 Located in MSC
Spill Control Rubber Dam 2 Placed inside wastewater service vehicles Spill Control Rubber Mat 4 Placed inside wastewater service vehicles Gas Detector 20 Used to detect dangerous gases
Metal Detector 5 Used to locate parts of the Wastewater Collection System
4” to 6” Pipebursting machine 1 Used for trenchless pipe replacement

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Element 5: Design and Performance Provisions

5.1 Updated Design Criteria and Construction Standards and Specifications The City has standard specifications for installation, rehabilitation, and repair of facilities. The City of Palo Alto Water, Gas, and Wastewater Utility Standards (Appendix I), which is updated every year, include standard detail design criteria, products, installation procedures and testing for wastewater facilities. The City’s Utility Standards incorporate, by reference, other City department standards and drawings including Public Works and Traffic, technical association standards (i.e. ASTM, AASHTO, AWWA), and CALTRANS standards.

The current Utility Standards are posted on the City website:
https://www.cityofpaloalto.org/Departments/Utilities/Utilities-Services-Safety/Engineering-and- Operations
A summary of the City of Palo Alto Water, Gas, and Wastewater Utility Standard Sections, relevant to SSMP implementation and collection system design and rehabilitation are included in Table 15. As these Utility Standards are periodically updated, please note that this summary is provided for convenience only. Consult the website listed above for the most current version of the Utility Standards Table 15: Relevant Sections of City of Palo Alto WGW Utility Standards Section Title Section Number
Excavation, Backfill, and Restoration 2200
Polyethylene Pipe Installation for Water, Gas and Wastewater 2300 Wastewater Design and Construction Standards 2730
Vitrified Clay Sewer Pipe 2731
Polyvinyl Chloride Sewer Pipe 2733
Sewer Construction with Polyethylene Pipe 2735
Cured-in-Place Pipe (CIPP) 2736
Sanitary Sewer Lateral 2737
Statewide Waste Discharge Requirements

The Plan must include the following items as appropriate and applicable to the Enrollee’s system:

5.1. Updated Design Criteria and Construction Standards and Specifications Updated design criteria, and construction standards and specifications, for the construction, installation, repair, and rehabilitation of existing and proposed system infrastructure components, including but not limited to pipelines, pump stations, and other system appurtenances. If existing design criteria and construction standards are deficient to address the necessary component-specific hydraulic capacity as specified in section 8 (System Evaluation, Capacity Assurance and Capital Improvements) of this Attachment, the procedures must include component-specific evaluation of the design criteria.

5.2. Procedures and Standards
Procedures, and standards for the inspection and testing of newly constructed, newly installed, repaired, and rehabilitated system pipelines, pumps, and other equipment and appurtenances.

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Section Title Section Number
Concrete Manholes 2738
Cleaning and Video Inspection of Sewer Pipe 2739
Wastewater Standard Details Appendix D

5.2 Procedures and Standards
Inspection, testing, and repair standards are included in the appropriate Section of the Utility Standards related to the pipe material described above. All new construction plans are required to be prepared by a registered civil engineer and submitted to the City for review and approval prior to construction. The City has five full time inspectors to monitor the construction of CIP projects and customer service installations to ensure compliance with the City’s specifications.

All City and private projects must be tested according to the requirements outlined in the specifications prior to consideration for City acceptance for maintenance. In addition, record drawings of all final project elements must be submitted and approved by WGW Engineering prior to final acceptance o f any project on City infrastructure.

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Element 6: Spill Emergency Response Plan

6.1 Introduction
The State Water Resources Control Board (SWRCB) has issued statewide waste discharge requirements for sanitary sewer systems, which include requirements for development of an SSMP. The State Water Board requirements are outlined in Order No. WQ 2022-0103-DWQ Statewide General Waste Discharge Requirements General Order for Sanitary Sewer Systems, dated December 6, 2022, which supersedes the previous Order No. 2006-0003-DWQ, dated May 2, 2006, and amended by Order No. 2013-0058-EXEC, dated July 30, 2013. In addition, the City’s NPDES Permit, No. CA0037834 incorporates the requirements to comply with the SSO WDR by reference in the treatment plant permit to operate Order No. R2-2014-0024 that regulates the Palo Alto Regional Water Quality Control Plant and City of Palo Alto’s sewage collection system.

Statewide Waste Discharge Requirements

The Plan must include an up-to-date Spill Emergency Response Plan to ensure prompt detection and response to spills to reduce spill volumes and collect information for prevention of future spills. The Spill Emergency Response Plan must include procedures to:
• Notify primary responders, appropriate local officials, and appropriate regulatory agencies of a spill in a timely manner;
• Notify other potentially affected entities (for example, health agencies, water suppliers, etc.) of spills that potentially affect public health or reach waters of the State; • Comply with the notification, monitoring and reporting requirements of this General Order, State law and regulations, and applicable Regional Water Board Orders; • Ensure that appropriate staff and contractors implement the Spill Emergency Response Plan and are appropriately trained;
• Address emergency system operations, traffic control and other necessary response activities; • Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system;
• Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State;
• Remove sewage from the drainage conveyance system;
• Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters;
• Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery;
• Implement pre-planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during, and after a spill event; • Conduct post-spill assessments of spill response activities; • Document and report spill events as required in this General Order; and • Annually, review and assess effectiveness of the Spill Emergency Response Plan, and update the Plan as needed.

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Purpose
The purpose of this Spill Emergency Response Plan (SERP) is to provide City Staff task prioritization and a reference point in effectively responding to spill events. This SERP provides guidelines for City Staff to follow in responding to, cleaning, and reporting spills.

Table 16: Spill Categories and Definitions
Category Definition
Category 1 A spill of any volume of sewage from or caused by a sanitary sewer system regulated under the General Order that results in a discharge to:
• A surface water, including a surface water body that
contains no flow or volume of water; or
• A drainage conveyance system that discharges to surface waters when sewage is not fully captured and returned to the sanitary sewer system or disposed of properly.

Any spill volume that is not recovered from a drainage conveyance system is considered a discharge to surface water, unless the drains conveyance system discharges to a dedicated stormwater infiltration basin or facility.

Category 2 A spill of 1,000 gallons or greater, from or caused by a sanitary sewer system regulated under the General Order that does not discharge to a surface water
Category 3 A spill of equal to or greater than 50 gallons and less than 1,000 gallons, from or caused by a sanitary sewer system regulated under the General Order that does not discharge to a surface water.

Category 4 A spill of less than 50 gallons, from or caused by a sanitary sewer system regulated under the General Order that does not discharge to a surface water.

Enrollee Owned/Operated Lateral Spills A spill of any volume from an Enrollee’s owned and/or operated lateral that is caused by a failure or blockage in the lateral and that do not discharge to a surface water.

Private Lateral Sewage Discharge (PLSD) A spill of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral connected to the Enrollee’s sanitary sewer system or from other private sewer assets.

6.2 SERP Goals
• Prevent public health hazards by minimizing public exposure to spilled wastewater • Protect the environment by preventing spills from entering storm drains and receiving water • Comply with regulations
• Minimize the frequency of spills
• Mitigate the impact of spills
• Minimize disruptions in service
• Minimize complaints
• Provide quick response to minimize spill volume
• Prevent unnecessary damage to public/private property • Provide immediate, responsive, and efficient service to all emergency calls • Provide a safe work environment for employees, employers, and residents Item 3
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• Perform all operations in a safe manner to prevent personal injury

6.3 Spill Detection and Notification
The Dispatch Center is responsible for collecting the following information from all collection system related incoming calls:
• Time and date of call
• Assigns an Incident Number
• Specific location of potential problem
• Nature of call
• In case of spill, estimated start time of overflow
• Reporting Party’s name and phone number
• Reporting Party’s observation (e.g., odor, duration, location on property, known impacts, indication if surface water impacted, appearance at cleanout or manhole) • Other relevant information
The Dispatch Center assigns a unique Incident Number which is used to track subsequent actions taken in response to the call. The Dispatch Center immediately notifies staff on the Emergency Response Notification Team (ERNT) of a call through a text/email notification. The list of individuals on the ERNT is included in Table 17 below.

The Dispatch Center’s text/email notification to the ERNT consists of the following information:
•
Incident number
• Location
• Reporting Party’s Name
• Reporting Party’s phone number
Table 17: Text/Email for Emergency Response Notification Team (ERNT) Name Email Phone
Wastewater Operations ERT N/A 650-213-2633
Standby Operations Primary N/A 650-444-6198
Standby Operations Secondary N/A 650-444-5290
WGW Operations Mainline [email protected] 650-496-6982 Anthony Meneses, Manager [email protected] 650-496-6907 Robert Bishop, Supervisor (Interim) [email protected] 650-329-2218 Abel Silva, Supervisor [email protected] 650-496-6972 Todd Carlsen, Supervisor [email protected] 650-444-6334 Eric Talley, Supervisor [email protected] 650-496-6917 David Cordova, Supervisor [email protected] 650-444-6967 Venessa Fujii, Utility Project Coordinator [email protected] 650-496-6994

Within the ERNT is the Emergency Response Team (in bold italic font) who will respond to the incident.

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and will respond during regular business hours. Standby Operations Primary and Secondary responders will respond outside of normal business hours.

The Dispatch Center records communications between callers, responders and any other supporting staff that is dispatched to the spill scene. Figure 6 contains a flow chart of this Spill Detection and Dispatch process.

Depending on the time of the call, the Dispatch Center uses the schedule shown in Table 18 to dispatch a response team.

Table 18: Schedule for Dispatching a Response Team
Days Time Spill Response Team
Weekdays* 0630 to 1600 Wastewater, Emergency Response Team (ERT) 1600 to 0630 Standby, Primary and Secondary Responder
Saturdays 24hr Response Standby, Primary and Secondary Responder Sundays & Holidays 24hr Response Standby, Primary and Secondary Responder *On Fridays, Standby receives sewer related calls starting at 1500 hours

6.3.1 Public Observation
The Public can report spills by calling one of the following numbers:

Palo Alto Utilities Emergency Water, Gas, and Wastewater Dispatch Center at (650)329-2579 Palo Alto Police Non-Emergency at (650)329-2413
Or the Emergency 911 number.

These phone numbers are included in monthly utility bills sent to customers and on the City’s website.

Spill related calls from the public are routed through the City’s 24-hour Dispatch Center.

6.3.2 City Staff Observation
Spill related calls that are received by other departments and/or observed by Utilities Staff during their normal working hours are also routed to the Dispatch Center for proper documentation and tracking.

6.3.3 Alarms
The City of Palo Alto’s lift station is controlled by SCADA and maintained by the Utilities Operators. In case of any pump failure, the high level sensor activates the SCADA alarm system and the Utilities Communication Center (UCC) is contacted. Under this situation, the UCC serves the role of the City Dispatch by contacting the ERNT via text.

Wastewater Operations has contracted Gierlich-Mitchell, Inc to install and activate 39 sanitary sewer level monitoring alarms in hot spot areas throughout the City. The manhole alarm service and equipment, Mission M84 Manhole Monitor+, is supplied by Mission Communications (https://www.123mc.com/123mc/log_in.asp). High level alarms will send a text message to the ERNT.

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The status of each monitor can be accessed through Mission Communication’s online portal. Mission Communications also provides technical support at (877) 993-1911.

6.3.4 Coordination with Public Works Departments
If the spill is caused by FOG or an illicit discharge the WW Project Coordinator or WW Supervisor will notify the Public Works’ Watershed Protection Group and coordinate a joint spill response to mitigate the spill. Once the spill has been eliminated the Wastewater Department will coordinate with Public Works’ to implement a plan to prevent the spill from occurring again and if applicable apply fines and fees to the responsible party.

6.4 Spill Response Procedures
The Wastewater Operations Division has created a section withing the Wastewater Standard Operating Procedures for Emergency Response. These Wastewater Standard Operating Procedures are attached as Appendix J.

The Responder ensures all safety procedures are strictly adhered to, including traffic control, PPE (visibility vests, hard hats, safety glasses, gloves, etc.) as well as confined space entry procedures at all times.

6.4.1 ERT and Standby Responder Priorities
ERT and Standby Responder priorities are:

1. To follow safe work practices;

2. To respond promptly with the appropriate equipment;

3. To minimize public access to and/or contact with the spilled sewage;

4. To contain the spill;

5. To restore the flow as soon as possible;

6. To promptly notify the Supervisor in the event of a major spill;

7. To return the spilled sewage to the sewer system and;

8. To restore the area close to its original condition.

6.4.3 Initial Response
During Regular Hours, the Emergency Response Team will:

1. Be dispatched an 868 (Overflow) by Radio from the Dispatch Center. a. If unanswered, Dispatch will then call the ERT Phone and the Wastewater Supervisor.

2. Document the address or location, call received time from Reporting Party to Dispatch, call received time from Dispatch to ERT, Incident Number, Reporting Party Name and number, and notes provided by Dispatch.

3. Call the Reporting Party and ask to verify that a spill or blockage is occurring.

4. Ask the Reporting Party where the spill is occurring. (cleanout, manhole, public, private, etc.) a. If the spill is from a cleanout, inform the Reporting Party not to use water to minimize the spill.

5. Ask the Reporting Party for the Spill Start Time.

6. Inform Reporting Party of the estimated Responder arrival time.

7. Contact/coordinate with ERT Flush Team for cleanup if the spill is a minor event, Category 3, 4.

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8. Contact/coordinate with the ERT Flush Team and Wastewater Supervisor if the spill is a major event, Category 1 or 2. (Wastewater Supervisor must call Cal OES within 2 hours of knowledge of 1,000 gallon or greater spill threatening surface water.)

9. Notify Dispatch of their arrival once onsite.

10. Verify extent of spill, document Arrival Time and photographs scene.

11. If spill has reached Public Works’ storm drain and assistance is needed to collect the spill, the ERT Team will call the Public Works Department at (650)496-6974.

During After Hours
(Monday – Thursday 4PM – 6:30AM, Friday 3PM – 6:30AM, Saturday and Sunday all day) Standby Responders will:

1. Be dispatched an 868 (Overflow) by Primary Phone from the Dispatch Center. a. If unanswered, Dispatch will call the Standby Secondary and lastly the Standby Supervisor.

2. Document the address or location, call received time from Reporting Party to Dispatch, call received time from Dispatch to ERT, Incident Number, Reporting Party name and number, and notes provided by Dispatch.

3. Call the Reporting Party and ask to verify that a spill or blockage is occurring.

5. Ask the Reporting Party for the Spill Start Time.

6. Inform Reporting Party of the estimated Responder arrival time.

7. Contact/coordinate with Standby Secondary for cleanup if the spill is a minor event, Category 3 or 4.

8. Contact/coordinate with Standby Secondary for cleanup and Standby Supervisor if the spill is a major event, Category 1 or 2. (Standby Supervisor must call Cal OES within 2 hours of knowledge of 1,000 gallon or greater spill threatening surface water.)

9. Notify Dispatch of their arrival once onsite.

10. Verify extent of spill, document Arrival Time and photographs scene.

11. If spill has reached Public Works storm drain and assistance is needed to collect the spill, the ERT Team will call the afterhours Public Works Department at (650)329-2413.

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6.4.4 Initiate Spill Containment Measures
Once at the scene, the Responder should attempt to contain the overflow to the best of their ability by:

1. Determining the immediate destination of the overflow.

2. Protect nearby catch basins that lead to the storm drain system and surface water by creating a dam with sandbags, spill mats, spill shark or dirt found nearby to dam/redirect the overflow.

3. Referencing the storm drain collection system map to identify and block the downstream storm drain so that the wastewater can be collected.

6.4.5 Restore Flow
If the blockage is in the public lower lateral, setup the electric rodder at the City cleanout to clear the blockage, see Appendix K Electric Rodder Standard Operating Procedures.

If the blockage is in the private upper lateral, Initiate Spill Containment Measures as in Section 6.4.4 and have Private Owner call a plumber. The ERT or Standby Responders will assist with clean-up to prevent wastewater entering storm drain. If the overflow is greater than 1,000 gallons and has resulted or may result in a discharge to surface water, the ERT should contact the scheduled Supervisor, who is strongly encouraged to notify the California Office of Emergency Services.

If the blockage is in the public main, reference the Wastewater Collections System Map and check every manhole downstream of the blockage. If sewage is “up” or overflowing at the manhole, then the blockage is further downstream. Keep checking downstream manholes until you find a manhole that is barely flowing or “down”. During regular hours, the ERT is responsible for locating the “down” manhole and communicating the setup to the Flush ERT. After hours, the Standby Primary is responsible for locating the “down” manhole and communicating the setup to the Standby Secondary. See Appendix L Flush Truck S tandard Operating Procedures.

If the blockage is in the private main, verify that ownership by referencing the Wastewater Collection System Map (all city assets are assigned Identification Numbers). Initiate Spill Containment Measures listed in Section

6.4.4 and have the Private Owner call a plumber. The ERT or Standby Responders will assist with clean-up to prevent wastewater from entering the storm drain. If the overflow is greater than 1,000 gallons and has resulted or may result in a discharge to surface water, the ERT should contact the scheduled Supervisor, who is strongly encouraged to notify the California Office of Emergency Services.

6.5 Spill-Specific Monitoring Requirements

6.5.1 Spill Location and Spread
Responders shall visually assess the spill location(s) and spread using photography, global position system (GPS), and other best available tools. The Responders shall document the critical spill locations, including:

1. Photography and GPS coordinates for:
a. The system location where spill originated.
i. For multiple appearance points of a single spill event, the points closest to the spill origin.

2. Photography for:
a. Drainage conveyance system entry locations,
b. The location(s) of discharge into surface waters, as applicable, Item 3
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c. Extent of spill spread, and
d. The location(s) of clean up.

6.5.3 Receiving Water Visual Observations
Through visual observations and spill volume estimating techniques the ERT shall document the following information regarding spills to surface water:

1. Estimated spill travel time to the receiving water;
a. For spills entering a drainage conveyance system, estimated spill travel time from point of entry into the drainage conveyance system to the point of discharge into the receiving water;

2. Estimated spill volume entering the receiving water; and

3. Photography of:
a. Waterbody bank erosion,
b. Floating matter,
c. Water surface sheen,
d. Discoloration of receiving water, and
e. Impact to the receiving water.

6.5.2 Receiving Water – Water Quality Sampling and Analysis Water quality sampling procedures for Responders are:

1. Contact the Public Works, Environmental Services Division, Watershed Protection Group (during business hours only) for technical assistance with water quality sampling;

2. Samples should be collected as soon as possible by the Responder after the discovery of the spill event. Sample kits are stored in the ERT van and at the Municipal Service Center for immediate use by responders.

3. If the spill is 50,000 gallons or greater, collect samples within 18 hours of becoming aware of the spill.
a. Collect one water sample each day of the duration of the spill at the point a point in the drainage conveyance system before the drainage conveyance system flow discharges into a receiving water (if the spill is discharging via a drainage conveyance system) b. Collect one water sample each day for the duration of the spill at the three receiving water sampling locations:
i. Upstream: This sample will be collected far enough upstream of the spill’s point of entry into the surface water as to be free of contaminants from the spill. Typically, 50 feet is sufficient, but this may vary on circumstances of the spill. ii. Source: Immediate vicinity where the spill entered the surface water. This point will be downstream of the actual spill entry point for spills that have stopped entering the surface water to be sampled. If the spill has stopped, calculate the approximate downstream distance from the original spill location by dividing the time since the spill occurred by the estimated velocity. This is the approximate downstream distance from the spill discharge point to the “source” sampling location.
• Due to tidal action in the surface water or other factors, another method maybe used to determine the “source” location at the discretion of the scheduled Supervisor. iii. Downstream: This sample will be collected far enough downstream to be representative of the water quality of the surface water after adequate mixing of the surface water and the Item 3
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spill have occurred. Typically, this location will be 50 feet downstream of the “source” sampling, but this may vary on the size and velocity of the surface water to be sampled. c. If there is no flow during the duration of the spill, the CIWQS report must reflect “No Sampling Due To No Flow” for its receiving water sampling locations.

4. Samples shall be transported to the Regional Water Quality Control Plant Laboratory at 2501 Embarcadero Way, Palo Alto, CA 94303.
a. Samples are accepted 6AM – 5PM, if outside of normal business hours must make arrangements with Lab Manager or Senior Chemists

Table 19: Contact Phone Numbers for Laboratory
Main Lab Phone Number (650)617-3169
Manager of Laboratory Services (650)329-2334
After Hours Phone Numbers (650)269-3298 or (408)666-7130

6.5.3 Water Quality Analysis Specifications
The collected samples shall be analyzed for the following constituents:

1. Ammonia, and

2. Appropriate bacterial indicator(s) per the applicable Basin Plan water quality objectives, including one or more of the following , unless directed otherwise by the Regional Water Board:
a. Total Coliform Bacteria
b. Fecal Coliform Bacteria
c. E-coli
d. Enterococcus
Sampling of these bacterial indicators shall meet the water quality objectives and bacterial standards of the California Ocean Plan or the California Inland Surface Water Enclosed Bays, and Estuaries Plan.

3. Additional sampling and analysis required by the Regional Water Board Executive Office or designee

Sample analysis must be completed using a sufficiently sensitive test method that complies with 40 Code of Federal Regulations Part 136. A method is considered sufficiently sensitive when the minimum level of the analytical method is at or below the receiving water pollutant criteria. Furthermore, water quality samples must be conducted by a laboratory that has accreditation pursuant to Article 3, Section 100825 of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code. The City’s Regional Water Quality Control Laboratory meets these accreditations and is recognized by the State Water Board through its Environmental Laboratory Accreditation Program (ELAP).

6.6 Recovery and Cleanup
The recovery and cleanup phase begin when the flow has been restored and the spilled sewage has been contained to the best of the Responder’s ability. The spill recovery and cleanup procedures are:

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6.6.1 Estimate the Volume of Spilled Sewage
To estimate the volume of spilled sewage, use the methods outlined on the third page of the WGW Operations Spill Report Form, see Appendix C. When possible, document the estimate using photos of the spill before and during the recovery procedure.

6.6.2 Recovery of Spilled Sewage
If the spill is in a drainage conveyance system, the Operator must, to the best of their ability, recover the total volume of the spill with minimum impact to the environment, public, and private properties.

Detailed instructions of how to recover the spill from a storm drain are in the Wastewater SOP. The Operator should utilize the vacuum and/or pump the overflow and discharge it back into the sanitary sewer system.

6.6.3 Cleanup and Disinfection
Cleanup and disinfection procedures should be implemented to protect public health and the environment from a spill. The procedures described are for dry weather conditions and should be modified as required for wet weather conditions.

Private Property
If an overflow occurs due to a blockage in a private lateral or private sewer system but has the potential to impact public property, the Responders will take action to contain, cleanup, and disinfect the spilled sewage.

However, if it does not have a potential to impact public property and surface water – It is the Property Owners responsibility to clean and restore the site.

If the spill was caused by the City owned lateral or sewer system and has compromised private property, advise the Owner of the property of the City claims procedure, see https://www.cityofpaloalto.org/civicax/filebank/documents/29341 for the Claims Form. If they are not onsite, leave a Door Hanger with relevant information.

Paved Surface Area
Take steps to contain and vacuum the wastewater. Collect all signs of sewage by hand, broom and shovel and push all wastewater debris toward the vacuum on the combo flush truck or position the vacuum over affected area and collect. Wash down the affected area with clean water until the water runs clear and push all wastewater and debris toward the vacuum on the combo flush truck. Apply disinfectant by using a bottle sprayer and disinfect all areas that were contaminated from the overflow. Wash down and vacuum again if additional cleaning is required.

Unpaved Surface Areas (Landscaping & Unimproved Natural Vegetation) Take steps to contain and vacuum the wastewater. Collect all signs of sewage by hand, broom and shovel and push all wastewater debris toward the vacuum on the combo flush truck or position the vacuum over affected area and collect. Allow area to dry, repeat the process if additional cleaning is required.

Natural Waterways
The scheduled Supervisor is responsible for determining the proper course of action for Category 1 Spills.

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documentation to minimize the impact of the overflow to the environment and protect public health. If a spill is confirmed to have entered a creek or waterway, the scheduled Supervisor and the WGW Operations Manager are immediately notified. The scheduled Supervisor may request additional assistance, if needed, from City staff and/or outside agencies that are the wastewater treatment plant partners (City of Mountain View, City of Los Altos, Town of Los Altos Hills, Stanford University, and the East Palo Alto Sanitary District).

The Responders are responsible for the following when Natural Waterways are affected:

1. Determines the extent of the spill by investigating downstream until there is no evidence of sewage or debris along the creek or water body.

2. Contact the Public Works, Environmental Services Division, Watershed Protection Group (during business hours only) for technical assistance with water quality sampling.

3. Immediately post contaminated water sign(s) and protect the creek from public access on both sides, Appendix F.

4. Photographs sign placement and evidence of the overflow in and around the creek to the farthest point reached by the sewage.

5. Determines if the creek is safe to enter. During the winter storm season, cleaning the creek may not be feasible due to high water flows.

6. If feasible, blocks the creek downstream of the affected area in a location that is safe to enter and is accessible to set up a pump or utilize combo flush trucks.

7. To extent feasible, recover and return contaminated water to the collection system;

8. If the spill is 50,000 gallons or greater, collects water quality samples within 18 hours of becoming aware of the spill.

9. Follow up sampling will be performed until the area shows no water quality impairment and the posted signs can be removed. The Utilities Director ultimately determines when this happens and makes any follow up calls to affected agencies.

6.6.4 Safety and Access Exceptions
For safety, omit sampling during heavy storm events with heavy runoff where flushing is not feasible and sampling would not provide meaningful results. The Wastewater Supervisor or their designee, must document the access restrictions or unsafe conditions that prevent them from completing the appropriate spill response or water quality monitoring. This documentation should be included in the Certified Report.

6.7 Notification Requirements

6.7.1 2 Hour Required Notification to California Office of Emergency Services The State Water Resource Control Board Order No. 2022-0103-DWQ states that the California Office of Emergency Services (OES) is only to be notified of a Category 1 or 2 Spill greater than or equal to 1,000 gallons discharged to waters of the State or spilled in a location where it probably will be discharged to waters of the State. The Utilities Supervisor is responsible for reviewing field data to report to regulatory agencies. If it is determined that the criteria for OES notification was met, the Utilities Supervisor must notify Cal OES of the event no later than two (2) hours after:

1. The City has knowledge of the spill;

2. Notification can be proved without substantially impeding cleanup or other emergency measures.

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The Cal OES phone number is (800) 852-7550. The Utilities Supervisor is response for obtaining an OES Control Number.

Spill Notification Information
The Utilities Supervisor shall provide the following information, as applicable, regarding the spill to Cal OES before receiving a Control Number:

1. Name and phone number of the person notifying the Cal OES;

2. Estimated spill volume (gallons);

3. Estimated spill rate from the system (gallons per minute);

4. Estimated discharge rate (gallons per minute) directly into waters of the State or indirectly into a drainage conveyance system;

5. Spill incident description:

6. Brief narrative of the spill event, and

7. Spill incident location (address, city, and zip code) and closest cross streets and/or landmarks;

8. Name and phone number of contact person on-scene;

9. Date and time the Enrollee was informed of the spill event;

10. Name of sanitary sewer system causing the spill;

11. Spill cause or suspected cause (if known);

12. Amount of spill contained;

13. Name of receiving water body receiving or potentially receiving discharge; and

14. Description of water body impact and/or potential impact to beneficial uses.

Notification of Spill Report Updates
Following the initial notification to Cal OES and until the spill report is certified in the CIWQS online database, the Utilities Supervisor must provide updates to Cal OES regarding substantial changes to estimated volume of untreated or partially treated sewage discharged and any substantial changes to:

1. Estimated spill volume (increase or decrease in gallons initially estimated);

2. Estimated volume discharged directly into waters of the State or indirectly into a drainage conveyance system (increase or decrease in gallons initially estimated); and

3. Additional impact(s) to the receiving water(s) and beneficial uses.

6.7.3 Notification to Santa Clara County Health Department Wastewater Supervisor or their designee, will send an email to [email protected] or call (408)918-3400 during working hours. Details of the spill should be included and that Cal OES was notified. Any correspondence with the County Health Department should also include carbon copies to the WGW Operations Manager and the Wastewater Supervisor.

6.7.4 Notification to Santa Clara Valley Water District If the spill affects or threatens water bodies operated or maintained by the Santa Clara Valley Water District (SCVWD) the Wastewater Supervisor or their designee will contact the SCVWD Pollution Hotline at 1-888-510-5151 with spill details.

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6.7.5 Media Notification Procedure
When an overflow is substantial and confirmed to be a significant public health threat, the following actions should be taken, if deemed necessary by City staff, to notify the media:

1. The scheduled Supervisor or the WGW Operations Manager will contact the Utilities Communications Manager (UCM) and provide a spill status report.

2. The UCM is responsible for contacting and updating the media.

3. Any calls from the media should be routed to the UCM.

4. The following personnel are designated spokespersons and authorized to release information on the incident and be interviewed by the media:

Table 20: Media Notification Personnel
Name Position Office Phone Cell Phone
Catherine Elvert Utilities Communications Manager 650-329-2417 650-833-9433 Matt Zucca Utilities WGW Assistant Director 650-566-4506

6.9 External Spill Reporting Requirements
All spill reports are to be electronically submitted to the California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov/). Spill reports will be uploaded by the Data Submitter and certified by the Legally Responsible Official within the time frames set forth in the WDR.

Any information that is protected by the Homeland Security Act can be emailed to [email protected]
. A brief justification letter should also be included.

6.9.1 Category 1 Spill Reporting
Draft Spill Report for Category 1 Spills
Within 3 business days of being notified of the spill event -- the Water Gas Wastewater Operations Manager (WGW Operations Manager), or their designee, will submit a Draft Spill Report using the online CIWQS Sanitary Sewer System Database. This Draft Spill Report must include the following:

1. Contact information: Name and telephone number of City employee who can respond to spill specific questions;

2. Spill location name;

3. Date and time the Enrollee was notified of, or self-discovered, the spill;

4. Operator arrival time;

5. Estimated spill start date and time;

6. Date and time the City notified CalOES, and the assigned control number;

7. Description, photographs, and GPS coordinates of the system location where the spill originated; a. If there is more than one appearance point, provide GPS coordinates for the appearance point closest to the failure point and describe the other appearances points in the explanation field;

8. Estimated spill volume exiting the system;

9. Description and photographs of the extent of the spill and spill boundaries;

10. Did the spill reach a drainage conveyance system? If Yes:
a. Description of the drainage conveyance system transporting the spill b. Photographs of the drainage conveyance system entry location(s); Item 3
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c. Estimated spill volume fully recovered from the drainage conveyance system; d. Estimated spill volume remaining within the drainage conveyance system;

11. Description and photographs of the all discharge point(s) into the surface water;

12. Estimated spill volume that discharged to surface waters; and

13. Estimated total spill volume recovered.

Certified Spill Reports for Category 1 Spills
Within 15 calendar days of the spill end date -- the WGW Operations Manager, or their designee, will certify the final report using the online CIWQS Sanitary Sewer System Database. The Certified Spill Report must include the following in addition to the Draft Spill Report:

1. Description of spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;

2. Spill end date and time;

3. Description of how the spill volume estimations were calculated, including at a minimum:
a. The methodology, assumptions and type of data relied upon, SCADA records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and b. The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;

4. Spill cause(s);

5. System failure location;

6. Description of the pipe material, and estimated age of the pipe material, at the failure location;

7. Description of the impact of the spill;

8. Whether or not the spill was associated with a storm event;

9. Description of spill response activities including description of immediate spill containment and cleanup efforts;

10. Description of spill corrective action, including steps planed or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps;

11. Spill response completion date;

12. Detailed narrative of investigation and investigation findings of cause of spill;

13. Reasons for an ongoing investigation (as applicable) and the expected date of completion;

14. Name and type of receiving water body(s);

15. Description of the water body(s), including but not limited to:
a. Observed impacts on aquatic life,
b. Public closure, restricted public access, temporary restricted use, and/or posted health warnings due to spill,
c. Responsible entity for closing /restricting use of water body, and d. Number of days closed/restricted as a result of the spill.

16. Whether or not the spill was located within 1,000 feet of a municipal surface water intake; and

17. If water quality samples were collected, identify sample locations and the parameters the water quality samples were analyzed for. If no samples were taken, Not Applicable shall be selected.

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Spill Technical Report for Individual Category 1 Spill in which 50,000 Gallons or Greater Discharged into a Surface Water
Within 45 days calendar days of the spill end date – the WGW Operations Manager, or their designee, will submit a Spill Technical report. If 50,000 gallons or greater from a spill reaches surface waters, an Spill Technical Report must be prepared and submitted to the CIWQS online spill database within 45 calendar days of the spill end date. The Spill Technical Report must include, at a minimum, the following:

1. Causes and Circumstances of the spill:
• Detailed explanation of how and when spill was discovered; • Photographs illustrating spill origin the extent and reach of the spill, drainage conveyance system entrance and exit, receiving water, and post cleanup site conditions; • Diagram indicating spill failure point, appearance point, spill flow path, and final destination (use attachments, maps and diagrams as needed);
• Detailed description of methodology employed and available data used to calculate the spill volume and any volume recovered;
• Detailed description of the spill cause(s);
• Description of the pipe material, and estimated age of the pipe material, at the failure location; • Description of impact of the spill;
• Copies of the original field crew records used to document the spill (attachment); and • Historical maintenance records for the lines involved in the cause of the spill.

2. Agency’s Response to spill:
• Chronological narrative description of actions taken by agency to terminate the spill; • Description of how the SERP was implemented to respond to and mitigate any impacts of the spill; and • Final corrective action(s) completed, including a schedule for actions not yet completed which include:
a. Local regulatory enforcement action applied to an illicit discharge; b. Operational and maintenance program changes to prevent the spill from occurring again; and c. Necessary modifications to the SERP to incorporate lessons learned in.

3. Water Quality Monitoring:
• Description of all water quality sampling activities conducted, including analytical results and evaluation of the results;
• Detailed location map illustrating all water quality sampling points. • List of pollutant and parameters monitored, sampled, and analyzed; • Laboratory results/reports; and
• Other regulatory agencies receiving sample results (if applicable).

4. Evaluations
• Short-term and long-term impact(s) spill impact(s) to beneficial uses of the surface water The WGW Operations Manager or other designated LRO is responsible for the development and certification of the Spill Technical Report.

Amended Certified Spill Reports for Individual Category 1 Spills The WGW Operations Manager, or their designee, will update the Certified Report as new or amended information becomes available. Reports can only be amended within 90 calendar days after spill end date.

Amended report needs to be certified by the LRO. After 90 calendar days, the WGW Ops Manager or their designed will need to contact the State Water Bo ard at [email protected] to request to
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amend a Spill Report. The LRO must include justification for why the amended information was not reported within the 90 calendar days.

6.9.2 Category 2 Spill Reporting
Draft Spill Report for Category 2 Spills
Within 3 business days of being notified of the spill event, the Wastewater Supervisor, or their designee, will submit a D raft Spill Report using the online CIWQS Sanitary Sewer System Database. The Draft Spill Report must include the following:
• Contact information: Name and telephone number of City employee who can respond to spill specific questions;
• Spill location name;
• Date and time the Enrollee was notified of, or self-discovered, the spill; • Operator arrival time;
• Estimated spill start date and time;
• Date and time the City notified Cal OES, and the assigned control number; • Description, photographs, and GPS coordinates of the system location where the spill originated; o If there is more than one appearance point, provide GPS coordinates for the appearance point closest to the failure point and describe the other appearances points in the explanation field; • Estimated spill volume exiting the system;
• Description and photographs of the extent of the spill and spill boundaries; • Did the spill reach a drainage conveyance system? If Yes:
o Description of the drainage conveyance system transporting the spill o Photographs of the drainage conveyance system entry location(s); o Estimated spill volume fully recovered from the drainage conveyance system; o Estimated spill volume remaining within the drainage conveyance system; • Description and photographs of the all discharge point(s) into the surface water; • Estimated spill volume that discharged to a ground water infiltration basin or facility, if applicable; and • Estimated total spill volume recovered.

Certified Spill Report for Category 2 Spills
Within 15 calendar days of the spill end date, the WGW Operations Manager, or their designee, will certify the final report using the online CIWQS Sanitary Sewer System Database. In addition to the Draft Spill Report, the Certified Report must include the following:

1. Description of spill event destinations(s) including GPS coordinates if available, that represent the full spread and reach of the spill;

2. Spill end date and time;

3. Description of how the spill volume estimations were calculated, including at a minimum:
a. The methodology, assumptions and type of data relied upon, such as SCADA records, flow monitoring or other telemetry information used to estimated the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and b. The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and spill end time;

4. Spill cause(s);

5. System failure location;
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6. Description of pipe/infrastructure material, and estimated age of the material, at the failure location;

7. Description of the impact of the spill;

8. Whether or not the spill was associated with a storm event;

9. Description of spill response activities including description of immediate spill containment and cleanup efforts;

10. Description of spill corrective action, including steps planed or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps;

11. Spill response completion date;

12. Detailed narrative of investigation and investigation findings of cause of spill;

13. Reasons for an ongoing investigation (as applicable) and the expected date of completion;

14. Whether or not the spill was located within 1,000 feet of a municipal surface water intake.

Amended Certified Spill Reports for Category 2 Spills
The WGW Operations Manager, or their designee, will update the Certified Report as new or changed information becomes available. Reports can only be amended within 90 calendar days after spill end date. Amended report needs to be certified by the LRO. After 90 calendar days, the LRO will need to contact the State Water Board at [email protected] to request to amend a Spill Report
and include justification as to why the additional information was not reported before the due date.

6.9.3 Category 3 Spill Reporting
Monthly Certified Spill Reporting for Category 3 Spills Within 30 calendar days after the end of the calendar month in which the spill occurs, the WGW Operations Manager, or their designee, will submit a monthly Certified Spill Report using the online CIWQS Database. The WGW Operations Manager, or their designee, will certify the report. The report must include the following:

1. Contact information: Name and telephone number of the City employee who can respond to spill specific questions;

2. Spill location name;

3. Date and time the Enrollee was notified of, or self-discovered, the spill;

4. Operator arrival time;

5. Estimated spill start date and time;

6. Description, photographs, and GPS coordinates where the spill originated:
a. If there is more than one appearance point, provide GPS coordinates for the appearance point closets to the failure point and describe the other appearance points in the explanation field;

7. Estimated total spill volume exiting the system;

8. Description and photographs of the extent of the spill and spill boundaries;

9. Did the spill reach a drainage conveyance system? If Yes:
a. Description of the drainage conveyance system transporting the spill; b. Photographs of the drainage conveyance system entry location(s); c. Estimated spill volume fully recovered from the drainage conveyance system; and d. Estimated spill volume discharged to groundwater infiltration basin or facility, if applicable.

10. Estimated total spill volume recovered;
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11. Description of the spill event destination(s), including GPS coordinates, if available, that represent the full spread and reaches of the spill;

12. Spill end date and time;

13. Description of how the spill volume estimations were calculated, including, at minimum:
a. The methodology and type of data relied upon, including SCADA records, flow monitoring, or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and b. The methodology and type of data relied upon to estimated the spill start time, on-going spill rate at time of arrival (if applicable), and the spill end time;

14. Spill cause(s);

15. System failure location;

16. Description of the pipe/infrastructure material and estimated age of the pipe/infrastructure material, at the failure location;

17. Description of the impact of the spill;

18. Whether or not the spill was associated with a storm event;

19. Description of spill response activities including description of immediate spill containment and cleanup efforts;

20. Description of spill corrective actions, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of the major milestones for those steps, including, at minimum:
a. Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable, and
b. Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences at the same spill even location including i. Adjusted schedule/method of preventative maintenance, ii. Planned rehabilitation or replacement of sanitary sewer asset, iii. Inspected, repaired asset(s), or replaced defective asset(s), iv. Capital improvements
v. Documentation verifying immediately implemented system modifications and operating/maintenance modifications,
vi. Description of spill response activities,
vii. Spill response completion date, and
viii. Ongoing investigation efforts, and expected completion date of investigation to determine the full cause of spill;

21. Detailed narrative of investigation and findings of cause of spill.

Amended Certified Spill Reports for Category 3 Spills
The WGW Operations Manager, or their designee, will update the Certified Report as new or changed information becomes available. Reports can only be amended within 90 calendar days after spill end date. Amended report needs to be certified by the LRO. After 90 calendar days, the LRO will need to contact the State Water Board at [email protected] to request to amend a Spill Report and include justification as to why the additional information was not reported before the due date.

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6.9.4 Category 4 Spill Reporting
Monthly Certified Spill Reporting for Category 4 Spills The LRO shall report and certify the estimated spill volume exiting the sanitary sewer system, and the total number of all Category 4 Spills to the online CIWQS Sanitary Sewer System Database within 30 calendar days after the end of the month in in which the spills occurred.

Annual Certified Spill Reporting of Category 4 and/or Lateral Spills For all Category 4 Spills and spills from the City owned and/or operated laterals that are caused by a failure or blockage in the lateral and that do not discharge to a surface water, the Enrollee shall:

1. Maintain records per section 6.6.4 of the SSMP

2. Annually upload and certify a report, in an appropriate digital format, of all recordkeeping of spills to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occurred.

6.9.5 Monthly Certification of “No Spills”, Category 4 Spills, and/or Non-Category 1 Lateral Spills If either (1) no spills occur during a calendar month or (2) only Category 4, and/or Enrollee-owned and/or operated lateral spills (that do not discharge to a surface water) occur during a calendar month, the Enroll shall certify, within 30 calendars days after the end of each calendar month, either a “No Spill” certification statement, or a “Category 4 Spills” and/or “Non-Category 1” certification statement in the online CIWQS Sanitary Sewer System Database, certifying that there were either no spills, or Category 4 and/or Non-Category 1 Laterals Spills that will be reported annually for the designated month.

6.9.6 Private Lateral Sewer Discharge (PLSD)
Discharges of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral connected to the enrollee’s sanitary sewer system or from other private sewer assets that the enrollee becomes aware of may be voluntarily reported to the CIWQS Online Spill Database.

6.9.7 CIWQS Not Available
If the CIWQS online spill database is not available, the Wastewater Collection Supervisor will fax or e-mail all required information to the RWQCB office at (510) 622-2460. In such an event, the City will submit the appropriate reports using the CIWQS online spill database when the database becomes available. A copy of all documents that certify the submittal in fulfillment of this section shall be retained in the Spill document file.

6.10 Internal Spill Reporting Procedures
All spills should be investigated and thoroughly documented for the use in managing the sewer system and meeting established notification and reporting requirements. The procedures for investigating and documenting spills are shown below.

Category 1 and 2 Spills
During regular business hours, the ERT will notify the Wastewater Supervisor immediately of a Category 1 or 2 spill. After hours, the Standby Responders will notify the Standby Supervisor of a Category 1 or 2 spill. The Responders will fill out the Spill Form as soon as possible. Then turn it in to the Wastewater Supervisor or Item 3
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Wastewater Project Coordinator during regular hours. In the event of a Category 1 overflow in a sensitive area, the Wastewater/Standby Supervisor will notify the WGW Manager and WGW Assistant Director.

Category 3 and 4 Spills
The ERT or Standby Responders will fill out the WGW Operations SSO Report Form, see Appendix C, and turn it into the Wastewater Project Coordinator to begin the reporting process.

Internal Reporting of Spills related to FOG
If a spill is determined to be caused by FOG, either from one or more Food Service Establishment (FSE) or specific residential areas, the Wastewater Project Coordinator will notify the City’s FOG Manager, Environmental Program, located at the Regional Water Quality Control Plan (RWQCP). The work order includes the following information, at minimum. The record should include the following information, at minimum:

1. Location of affected laterals, manholes, and sewer main segments;

2. Date, time, address, and cause of the spill;

3. Severity of the FOG; and

4. If available, a copy of the CCTV or a statement when it will be available.

WGW Operations should receive confirmation from the Public Works Watershed Protection Department that the FSE is integrated into the FOG Program and follow ups are completed.

6.11 Internal Spill Documentation
Category 1, 2, 3, 4, and/or Enrollee Owned/Operated Spills The Responder will complete a Spill Report form and turn it into the Wastewater Supervisor or Wastewater Project Coordinator. The Wastewater Supervisor or Wastewater Project Coordinator will create and maintain a file for each individual spill. The file should include the following:
• Spill Investigative Procedures Checklist, Appendix E
• Spill Report – Draft for review
• Spill Report – Final
• Photos
• Certified CIWQS Report
The following are for Category 1 and 2 Spills.
• Appropriate maps showing the spill location
• Water quality sampling and test results, if applicable

Private Spills
The Responder will complete Spill Form and provide it to the Wastewater Supervisor or Wastewater Project Coordinator. A separate file will be prepared for each individual spill at the Wastewater Supervisor’s discretion. The file should include any relevant information above.

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6.12 Failure Analysis Investigation

6.12.1 Post Spill Debriefing
For each spill event greater than 250 gallons, all participants involved in the response – from the person who received the call to the last person to leave the site – should meet, as soon as feasible, after the event to review and evaluate the incident and the City response procedures. The objective of the Post-Spill Debrief is to determine actions necessary, if any, to reduce the recurrence and better mitigate the effects of spills. The results are documented and tracked on a Post-Spill Debrief form to ensure the identified action items are implemented. The Post-Spill Debrief Form is in Appendix D. The Post-Spill Debrief documentation is filed in the final spill file for the incident.

6.12.2 Spill Investigation and Mitigation
It is the responsibility of the Wastewater Supervisor to investigate spills and to ensure that the procedures in the SERP are followed or modified as a result of the incident failure analysis. The Utilities Supervisor failure analysis is intended to determine if additional maintenance, repair/replacement or other follow-up actions or response procedures changes are needed to reduce or eliminate the likelihood of future spills.

The procedures for investigating a spill are as follows:

1. Review the SSO Report Form, Appendix C;

2. Interview the following personnel, if applicable: Dispatch, Supervisor, Primary Responder, Field Service Representatives, Customer Service Representatives, responding crew members or any other; Agency staff that were involved with the response;

3. Review the incident timeline and other documentation regarding the incident;

4. Review communications with the Reporting party and witnesses;

5. Review photographs of the incident;

6. Review spill volume estimate, volume recovered estimate, volume estimation assumptions and associated drawings;

7. Review past maintenance records of affected manholes and pipe segments;

8. Review past CCTV records.

9. Conduct new CCTV inspection, if necessary.

10. If the spill is located within the designated hot spot areas, consider increasing the maintenance frequency;

11. Review any FOG related information or results from RWQCP;

12. If the spill is due to pipe failure, schedule repair or replacement as soon as feasible;

13. If the spill is due to an under-sized pipe, infiltration/inflow or other engineering defect, contact the WGW Engineering for inclusion in the CIP work; and

14. Develop agreed upon changes and additions to the SERP and/or City Procedures resulting from the investigation and debrief session(s).

6.13 Record Keeping Requirements
The SWDR and MRP require that individual spill records be maintained by the City for a minimum of five years from the date of the spill. This period may be extended when requested by a Regional Water Quality Control Board Executive Officer.

All records shall be made available for review upon SWRCB or RWQCB staff's request during on-site inspection or through an information request.

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Spill Reports
Records shall be retained for all spills, including but not limited to the following when applicable:

1. Service call records and complaint logs of calls received by the City, documenting how the City responded to all notifications of possible or actual spills (including complaints that do not result in spills), including:
a. Date, time, and method of notification
b. Date and time the complainant or informant first noticed the spill c. Narrative description of the complaint, including any information the caller can provide regarding whether or not he/she knows if the spill has reached surface waters, drainage channels, or storm drains
d. Follow-up return contact information for complainant or informant for each complaint received, if not reported anonymously
e. Final resolution of the complaint

2. Records documenting steps and/or remedial actions take to control and terminate the spill and recover as much of the discharged volume as possible;

3. Records documenting how estimates of volume discharged and volume recovered were calculated; and

4. All California Office of Emergency Services notification records, as applicable.

Recordkeeping of Category 4 Spills and Non-Category 1 Lateral Spills The City must maintain the following records for each individual Category 4 Spill and for each individual non-Category 1 owned and/or operated lateral spill.

Recordkeeping of Individual Category 4 Spill Information

1. Contact information: Name and telephone number of the City employee who can respond to spill specific questions;

2. Spill location name;

3. Description and GPS coordinates where the spill originated:

4. Did the spill reach a drainage conveyance system? If Yes:
a. Description of the drainage conveyance system transporting the spill; b. Estimated spill volume fully recovered from the drainage conveyance system; and c. Estimated spill volume remaining within the drainage conveyance system;

5. Estimated total spill volume exiting the system;

6. Spill date and start time;

7. Spill cause(s)

8. System failure location

9. Description of spill response activities including description of immediate spill containment and cleanup efforts;

10. Description of how the volume estimation was calculated, including, at minimum:
a. The methodology and type of data relied upon, including SCADA records, flow monitoring, or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and b. The methodology and type of data relied upon to estimated the spill start time, on-going spill rate at time of arrival (if applicable), and the spill end time;

11. Description of implemented system modifications and operating/maintenance modifications.

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Recordkeeping of Individual Lateral Spill Information

1. Date and time the Enrollee was notified of, or self-discovered, the spill;

2. Location of individual spill;

3. Estimated individual spill volume;

4. Spill cause(s);

5. Description of how the volume estimations were calculated.

Total Annual Spill Information

1. Estimated total annual spill volume;

2. Description of spill corrective actions, including at minimum:
a. Local regulatory enforcement action taken against the sewer lateral owner in response to a spill, as applicable, and
b. System operation, maintenance and program modifications implemented to prevent repeated spill occurrences at the same spill location.

Sewer System Telemetry Records
Electronic monitoring records relied upon for documenting spill events and/or estimating spill volume discharged, including:

1. Supervisory Control And Data Acquisition (SCADA) systems;

2. Alarm System(s);

3. Flow monitoring devices or other instruments used to estimate wastewater levels, flow rates, or volumes;

4. Computerized maintenance management system records; and

5. Asset management-related records.

Recordkeeping for Water Quality Sampling
If water quality samples are required by an environmental or health regulatory agency or State law or if voluntary monitoring is conducted by the City or its agent(s) as a result of any spill, records of monitoring information shall include:

1. The date, exact place, and time of sampling or measurements;

2. The individual(s) who performed the sampling or measurements;

3. The date(s) analyses were performed;

4. The individual(s) who performed the analyses;

5. The analytical technique or method used; and

6. The results of such analyses.

SSMP Implementation
WGW Operations shall maintain records documenting the implementation of its SSMP, including documents that support audits, corrections, modifications, and updates to the SSMP.

Audit Records
WGW Operations shall maintain, at minimum, the following records:
• Completed audit documents and findings;
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• Name and contact information of staff and/or consultants that participated in the audit; and • Follow-up actions based on audit findings.

Equipment
WGW Operations shall maintain a log of all owned and leased sewer system cleaning, operational, maintenance, construction, and rehabilitation equipment.

Work Orders
WGW Operations shall maintain record of work orders for operations and maintenance projects.

6.14 Equipment
Tools and Equipment inventory:

Table 21: Equipment
Item Quantity Comments
Combination Hydroflush Truck
by Vactor
2 #8748, 2015 FREIGHTLINERS
#8747, 2015 FREIGHTLINERS
Hydrojetter Truck 1 #8791, 2017 FORD
Lead Service Truck 1 #8723, 2017 PETERBILT
Lateral Maintenance Vans 2 #7509, 2015 FORD
#7215, 2017 FORD
Supervisor Truck 1 #8721, 2010 FORD
Dump Truck 2 #8802, 2003 GMC 5 yard
#8725, 2008 PETERBILT 10 yard

HEO Backhoe 1 #8738, 2008 CATERPILLAR
Inspection CCTV Van 1 #8793, 2004 FORD video from 6” to 24” main lines Inspection Cameras 6 Used as an assessment and inspection tool Emergency Trailer 1 Located in MSC
Shoring Trailer 1 Located in MSC. Used for deep trenches. 6” Pump 1 Located in MSC
2”Pump 3 Located in MSC
Snake/ Rooter Machine 4 Mechanical pipe cleaner. Cuts roots and debris.

Mini Snake/ Rooter Machine 1 Mechanical pipe cleaner. Cuts roots and debris.

Smoke Machine 1 Located in MSC
Spill Control Rubber Dam 2 Placed inside wastewater service vehicles Spill Control Rubber Mat 4 Placed inside wastewater service vehicles Gas Detector 20 Used to detect dangerous gases
Metal Detector 5 Used to locate parts of the Wastewater Collection System 4” to 6” Pipebursting machine 1 Used for trenchless pipe replacement

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6.15 Spill Response Training
Training includes City-specific issues, such as operation of its key pieces of equipment, as well as general safety and operational issues, the SSMP including the Spill Emergency Response Plan and spill response procedures practice drills. The City uses both contracted and in-house training services and requires training or certification of conformance of training of contractors on its SERP and spill response procedures.

Initial and Annual Refresher Training
The City uses a combination of in-house classes, on-the-job training, conferences, seminars, and other training opportunities to provide technical training for its wastewater collection system staff. Vendors provide training for new tools or equipment. A portion of bi -weekly tailgate meetings are dedicated to training on various wastewater topics. These short meetings prior to the start of the day’s field work provide the opportunity for quick discussions of short topics related to specific collection system operations issues. The sources of technical training and training materials for the City’s wastewater collection staff are listed in Table 21 and Table 22.

Table 22: Training Resources (Conferences, Seminars, and Courses) Sponsor Event Timeframe References
California Water Environment
Association (CWEA)
State Conference April
www.cwea.org Northern Regional Safety Conference September Santa Clara Valley Section Meetings &
collections training events & classes Monthly
CWEA - San Francisco Bay Area
section
Meetings and collections training
events & classes Monthly www.cwea.org
Bay Area Clean Water Association
(BACWA) Collection Systems
Committee
Collection System Committee
meetings Monthly www.bacwa.org

Table 23: Training Resources (Materials)
Sponsor Materials Reference
California State University,
Sacramento
Videos, manuals, home study
courses www.owp.csus.edu

City staff receives annual training on the following topics: volume estimation, storm water pollution prevention, confined space entry, biological and chemical hazards, Vactor safety, underground construction, gas detector use, application of overflow control materials, back injury prevention, overflow reporting and field documentation, and the content and procedures of the SSMP. In addition, the City provides free training and seminars on various professional development topics including computer applications, writing, and communication skills.

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Individual training records are documented and maintained by the City’s Department of Human Resources.

Spill Response Drills
Periodic training drills should be held to ensure that employees are up-to-date on the procedures, the equipment is in working order, and the required materials are readily available. The training drills should cover scenarios typically observed during sewer-related emergencies (e.g. mainline blockage, mainline failure, force main failure, pump station failure, and lateral blockage). The results and the observations during the drills should be recorded and action items should be tracked to ensure completion.

Spill Response Training Record Keeping
Records should be kept of all training that is provided in support of this plan. The records for all scheduled training courses and for each overflow emergency response training event and should include date, time, place, content, name of trainer(s), and names of attendees.

Contractors Working on City Sewer Facilities
All Contractors working on City sewer facilities will be required to develop a project -specific SERP that is subject to City approval. All contractor personnel will be required to receive training in the contractor’s SERP and to follow that SERP in the event that they cause or observe a spill.

6.16 Annual Review of SERP
The Wastewater Operations Manager, or designee, shall annually review and assess the effectiveness of the Spill Emergency Response Plan. Upon completion of the review, the SERP shall be updated as soon as reasonably practicable.

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Element 7: Sewer Pipe Blockage Control Program

7.1 FOG Program Goals
The City of Palo Alto implements a FOG Control Program due to the significant number of FOG- generating FSEs in the City. The benefits of a FOG Control Program include FOG discharge prevention to the sanitary sewer and storm drain systems, storm drain pollution prevention from spills and FSE practices, reducing the number of FOG-related spills, improving public health and safety, avoidance of overflow-related fines, minimizing property damage claims, reducing sewer maintenance costs, and improving the FSE business environment. The primary goal of the FOG program is to reduce the number, severity and frequency of spills linked to FOG and to reduce the environmental impacts and the costs associated with spill cleanup.

Since 1996, the City began development a food service program to include appropriate SUO provisions, site inspection procedures, enforcement action procedures, BMPs for FSEs, outreach and education.

The FOG Program began during the second half of 2006 with the addition of a full time FOG Program Investigator. In 2008, the program enhanced its data management system to track inspections, follow- up letter enforcement and storm drain program inspections as they relate to FSEs.

Statewide Waste Discharge Requirements

The Sewer System Management Plan must include procedures for the evaluation of the Enrollee’s service area to determine whether a sewer pipe blockage control program is needed to control fats, oils, grease, rags, and debris. If the Enrollee determines that a program is not needed, the Enrollee shall provide justification in its Plan for why a program is not needed. The procedures must include, at minimum:
• An implementation plan and schedule for a public education and outreach program that promotes proper disposal of pipe-blocking substances;
• A plan and schedule for the disposal of pipe-blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of substances generated within a sanitary sewer system service area;
• The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages;
• Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practices requirements, recordkeeping and reporting requirements; • Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the fats, oils, and grease ordinance; • An identification of sanitary sewer system sections subject to fats, oils, and grease blockages and establishment of a cleaning schedule for each section; and • Implementation of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system for each section identified above.

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7.2 Outreach

7.2.1 Regional Outreach
During 2014, the Bay Area Pollution Prevention Group (BAPPG) promoted proper disposal of kitchen fats, oils, and grease on Bay Area Univision Spanish radio stations between Thanksgiving week and New Year’s Day. Univision aired a total of 73.3 paid radio spots (48 – 60 second and 20 – 30 second) on radio stations KSOL and KBRG. Additionally, Univision broadcasted 220 paid audio streaming ads on their radio website (www.univision.org) featuring a banner directing the audience to www.baywise.org with more than 580 thousand gross impressions. Univision also included complimentary PSAs on KSOL, KBRG and KVVF. The campaign included a total of 288 spots making 1.74 million gross impressions at a cost of $0.0042 per impression.

7.2.2 Residential Outreach
Outreach for residents continues to be an important component of the FOG program. In past years the RWQCP focused on providing residents with helpful tools, such as free grease scrapers, and utility bill inserts with disposal information of cooking oil and grease. In 2012 specific residential areas were targeted for outreach where more multi-family residential buildings existed and older neighborhoods that had continually high spill counts. In 2013 a seasonal utility bill insert was mailed that included information about HHW dates and disposal of used cooking oil and grease, especially from deep fryers for turkeys. Residents are able to dispose of their unwanted cooking oil at the weekly HHW events. Utility bill inserts continue to include HHW information and the importance of proper grease disposal.

Outreach efforts are further detailed in the City’s
annual Clean Bay Plan report.

7.3 FOG Disposal
Adequate disposal options for FOG are available in the region.

7.3.1 Acceptance at RWQCP and Maximizing Energy Recovery During 2008, City staff investigated the FOG acceptance procedures at the RWQCP. The goal was to evaluate the potential to receive all hauler loads associated with the Grease Waste Hauler Contract in the City of Palo Alto and possibly other Cities in the RWQCP’s service area, which would include non-contracted haulers. At the present time, there is limited capacity for accepting more than the current amount of approximately 6,000 gallons of grease waste hauler loads per day. The RWQCP’s acceptance of GCD waste material cannot exceed 130,000 gallons per month or 1.56 million gallons per year.

The RWQCP Long-Term Facilities Plan discussed the benefits of adding FOG to digesters, if digesters are chosen as a biosolids handling technology. FOG addition can significantly increase energy production.

7.3.2 Coordination/Data Management
During 2008, City staff investigated the FOG acceptance procedures at the RWQCP. The goal was to evaluate the potential to receive all hauler loads associated with the Grease Waste Hauler Contract in the City of Palo Alto and possibly other Cities in the RWQCP’s service area, which would include non-contracted haulers. At the present time, there is limited capacity for accepting more than the current amount of approximately 6,000 gallons of grease waste hauler loads per day. The RWQCP’s acceptance of GCD waste material cannot exceed 130,000 gallons per month or 1.56 million gallons per year.

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7.4 Legal Authority
Chapter 16.09 of the Palo Alto Municipal Code (SUO) provides the legal authority to regulate FOG discharges to the sewer system. The SUO has specific grease control requirements for Food Service Establishments.

Table 23 contains a summary of the SUO provisions pertinent to FOG control.

Table 24: Sewer Use Ordinance Provisions for FOG Control Provision Palo Alto Municipal Code Reference
Prohibitions 16.09.035
Standards 16.09.040
Grease Disposal Prohibited 16.09.050
Unpolluted Water 16.09.055
Standards for Other Industrial Wastes 16.09.060
Best Management Practices 16.09.065
Trucker’s Discharge Permit 16.09.070
Food Service Establishments 16.09.075
Reporting Requirements for all Permitted Dischargers 16.09.135 Requirements for Reporting Noncompliance, Increased
Loading, Slug Discharges, Accidental Discharges 16.09.140 Storm Drains – Prohibited Discharges 16.09.165
Requirements for Construction Operations 16.09.170
General Prohibitions and Practices 16.09.175
Requirements for Newly Constructed, Remodeled or
Converted Multi Residential, Commercial and Industrial
Facilities 16.09.180
Enforcement – Notice of Non-Compliance 16.09.245
Enforcement – Administrative Compliance Order 16.09.250 Enforcement: Criminal Penalties 16.09.255
Enforcement – Administrative Citation 16.09.260
Enforcement – Administrative Civil Penalties 16.09.265
Enforcement – Judicial Civil Penalties 16.09.270
Damage to Facilities 16.09.275
City Right to Terminate Discharge 16.09.280
References: Palo Alto, California Municipal Code Ordinance No. 5561, passed September 27, 2022.

7.5 Source Control
The City has several high density and high volume restaurant areas including Downtown, Midtown, and the California Avenue Business District, which are known hotspots for collection system impacts related to FOG discharge. There are also several smaller clusters of FSEs and individual restaurants that warrant FOG controls.

These areas and specific FSEs have been the primary targets for increased inspection, enforcement, and preventive cleaning.

The partner cities to the RWQCP (City of Mountain View, City of Los Altos, East Palo Alto Sanitary District, Town of Los Altos Hills, and Stanford University) remain responsible for their collection systems, SSMPs and FOG Control Programs. The City of Palo Alto will continue to support the satellite systems as needed with creation of outreach materials, training, and assistance with FSE inspections.

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The City’s FOG Program staff in Public Works – Environmental Services manages plan check and specifications for newly constructed and remodeled FSEs to ensure items required by the Palo Alto Municipal Code and Uniform Plumbing Code are completed prior to approval of building permits. Grease-generating drainage fixtures must be connected to a grease control device (GCD). Non-grease generating drainage fixtures including hot discharge equipment can be connected directly to the sanitary sewer system. When drainage fixtures are properly plumbed and the GCDs are properly maintained, there should be very little to no FOG discharging to the sanitary sewer system. Improperly plumbed pipes and drainage fixtures are generally associated with FOG buildup downstream, and occurrences of sewer backups or spills. The SUO includes a requirement for undesignated retail spaced, ensuring that new buildings must retrofit to meet the requirements if an FSE is in a new building’s undesignated retail space.

New buildings constructed to house food service establishments are required to include a covered area for trash, recycling, tallow (used oil) and compostable. The area is designed to prevent water run-on to the area and runoff from the area. Drains that are installed within the enclosure for recycle and waste bins, dumpsters, and tallow bins (used oil containers) serving food service facilities are optional. Any such drains installed must be connected to a GCD and the sanitary sewer. If tallow is to be stored outside, then an adequately sized, segregated space for a tallow bin must be included in the covered area.

7.6 Inspections
There are over 300 FSEs in the City of Palo Alto. The FOG program includes comprehensive inspections and enforcement. Inspections of FSEs occur on a routine basis, and the City conducts more frequent inspections and enforcement where necessary based upon FSE performance. The Clean Bay Pollution Prevention Plan includes the goal of inspecting at least one-third of the FSEs each year.

The City’s main goals for FSEs are to have GCDs maintained frequently enough to prevent FOG from escaping from GCDs and entering the sanitary sewer system, ensuring drainage fixtures are correctly plumbed, keeping a maintenance log for GCDs, not to wash kitchen equipment or discharge wastewater to the storm drain system, and to maintain the tallow bin and trash areas free of FOG and debris.

The FSEs are categorized by their potential to contribute FOG to the sanitary sewer or storm drain system.

Facilities located in hot spots or that have otherwise been problematic are addressed first and receive more frequent inspections. FSEs are prioritized in one of the following categories:
• Problem FSEs in hot spots
• Problem FSEs not in hot spots
• FSEs in hot spots
• FSEs that have only had minor issues in the past
• FSEs with potential to generate FOG
• FSEs without significant potential to generate FOG (juice bars, coffee shops, etc.) Experience has shown that some facilities will frequently not meet all requirements and will need ongoing attention. These facilities will be re-visited as necessary. Facilities that demonstrate compliance will receive less attention. During the inspections, the FSE is ranked on a scale of 1 (worst) to 5 (best) on their compliance with BMPs and ordinance requirements. BMPs include:
• Removing food waste from preparation and service items prior to washing and disposal in the trash or food scrap container (dry wipe pots, pans, and dishes before washing); Item 3
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• Installing drain screens in all sinks, drains, floor drains, floor sinks, dishwashers, etc. Clean screens frequently into the trash or food scrap container; • Cleaning water from floors, floor mats, exhaust hoods, large kitchen equipment, trash, recycling, tallow containers, or other dishwashing not done in a dishwasher, should be directed to the GCD prior to discharge, including outdoor cleaning;
• Maintain exhaust hood and vent grease collections devices, including those on roofs, in hoods and removable filters to prevent spills and overflows;
• Dispose of waste oil/grease in a tallow receptacle that is kept free of spills, and closed with a lid; • Prevent storm water pollution by keeping waste containers and surrounding area covered, clean and free of FOG and food residue, debris and leaks; and • Cleaning up spills using dry methods first (sweeping, rags, absorbent material that are disposed in the trash), then mop and bucket. Mop water is discharged through the GCD.

FSEs that cause problems in the sanitary sewer, storm drain systems or have violations of their BMPs are rated 1 or 2 depending on their location. The problematic facilities that rank 1 or 2 have one of more of the following issues:
• Experienced back-ups or overflows;
• Contributed to FOG build up in the sanitary sewer (identified by CCTV or cleaning records); • Unresolved compliance issues;
• Failed to follow the proper BMPs;
• Failed to keep records;
• Had storm drain violations; and/or
• Failed to comply with verbal or written directives.

The City receives updated lists of FSEs from the County of Santa Clara, Department of Environmental Health and the Consumer Protection Division. Not all of the facilities on the list require an inspection by the City, as many are farmer’s markets, gas stations and general food vendors. In addition, staff attends weekly Development Review Committee meetings and is routed building plans for buildings that include FSEs.

The program includes different inspection types including FSE storm drain system inspections, full FSE FOG inspections, and GCD building inspections. Efforts are concentrated in areas of known problems and facilities with historical issues or known potential to discharge grease. Enforcement actions include Verbal Warning, Warning Letters, Notices of Non-compliance, Compliance Agreements and Administrative Citations consistent with the Enforcement Response Plan (ERP) for either wastewater or storm water violations.

During FSE inspections, outreach materials are distributed as appropriate. The BAPPG funded CalFOG to create a poster that is available in English, Spanish, Korean, Chinese, and Vietnamese.

In addition to the posters, BAPPG created food scrapers with the RWQCP’s insignia and local disposal contact info from www.cleanbay.org and a phone number. These food scrapers are BMP tools to help scrape off any remaining food and FOG waste into the trash prior to rinsing kitchen items. Food scrapers are generally distributed to FSEs during inspections.

In 2012, FOG Program staff created a fact sheet detailing the requirements for FSEs. This fact sheet is provided to FSEs during the permitting process to ensure that all are aware of the SUO requirements and enforcement response plan as well as other requirements such as the ban on Expanded Polystyrene (EPS) takeout containers and single use plastic checkout bags.

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City staff educates the FSE management and staff on ordinance requirements and BMPs to the extent practical during inspections. If a violation is observed, the inspector issues enforcement consistent with the Enforcement Response Plan. For FSE’s that do not achieve compliance, enforcement will be escalated according to the appropriate Enforcement Response Plan (Pretreatment or Storm water).

During the FSE storm drain system inspections compliance with storm drain regulations is assessed.

Outdoors cleaning of kitchen equipment, dumping of mop water, and poor housekeeping around trash compactors, trash bins and tallow bins are addressed. Outreach materials, including those developed by the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) are distributed to FSE’s during inspections and with follow-up Letters as appropriate.

7.7 Compliance
Inspections and enforcement are described in the City’s annual Clean Bay Plan report located on the Public Works, Environmental Services Publications and Reports website at https://cleanbay.org/publications-permits/.

7.8 Rags and Debris
If the Wastewater Operations Department can confirm the source of rags and debris in a sewer lateral or sewer main, the Wastewater Operations crew will try to contact the responsible party and inform them of the violation. If the responsible party cannot be reached, then a “Sewer Lateral Blockage Investigation” will be filled out accordingly and left at the premise.

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Element 8: System Evaluation, Capacity Assurance and Capital Improvements

Statewide Waste Discharge Requirements

The Plan must include procedures and activities for:
• Routine evaluation and assessment of system conditions; • Capacity assessment and design criteria;
• Prioritization of corrective actions; and
• A capital improvement plan.

8.1 System Evaluation and Condition Assessment
The Plan must include procedures to:
• Evaluate the sanitary sewer system assets utilizing the best practices and technologies available;
• Identify and justify the amount (percentage) of it’s system for its condition to be assessed each year;
• Prioritize the condition assessment of system areas that:
o Hold a high level of environmental consequences if vulnerable to collapse, failure, blockage, capacity issues, or other system deficiencies; o Are located in or within the vicinity of surface waters, steep terrain, high groundwater elevations, and environmentally sensitive areas; o Are within the vicinity of a receiving water with a bacterial-related impairment on the most current Clean Water Act section 303(d) List;
• Assess the system conditions using visual observations, video surveillance and/or other comparable system inspection methods;
• Utilize observations/evidence of system conditions that may contribute to exiting of sewage from the system which can reasonably be expected to discharge into a water of the State; • Maintain documents and recordkeeping of system evaluation and condition assessment inspections and activities; and
• Identify system assets vulnerable to direct and indirect impacts of climate change, including but not limited to: sea level rise; flooding and/or erosion due to increased storm volumes,

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8.1 System Evaluation and Condition Assessment
The City of Palo Alto’s Sanitary Sewer CIP plan is based on the 2004 Wastewater Master Plan, CPA’s Wastewater Operations’ identified deficiencies (repairs or replacements), and CCTV evaluation and assessment. The WGW Engineering Department is currently in the process of procuring another contractor to complete and updated Master Plan Study. Since the updated plan is not available currently, the Wastewater Engineering and Operations Department is utilizing the information it currently has available to evaluate and assess its system.

Statewide Discharge Requirements

8.2 Capacity Assessment and Design Criteria
The Plan must include procedures to identify system components that are experiencing or contributing to spills caused by hydraulic deficiency and/or limited capacity, including procedures to identify the appropriate hydraulic capacity of key system elements for:
• Dry-weather peak flow conditions that cause or contributes to spill events; • The appropriate design storm(s) or wet weather events that causes or contributes to spill events;
• The capacity of key system components; and
• Identify the major sources that contribute to the peak flows associated with sewer spills.

The capacity assessment must consider:
• Data from existing system condition assessments, system inspections, system audits, spill history, and other available information;
• Capacity of flood-prone systems subject to increased infiltration and inflow, under normal local and regional storm conditions;
• Capacity of systems subject to increased infiltration and inflow due to larger and/or higher- intensity storm events as a result of climate change;
• Increases of erosive forces in canyons and streams near underground and aboveground system components due to larger and/or higher-intensity storm events; • Capacity of major system elements to accommodate dry weather peak flow conditions, and updated design storm and wet weather events; and
• Necessary redundancy in pumping and storage capacities.

8.3 Prioritization of Corrective Action
The findings of the condition assessments and capacity assessments must be used to prioritize corrective actions. Prioritization must consider the severity of the consequences of potential spills.

8.4 Capital Improvement Plan
The capital improvement plan must include the following items:
• Project schedules including completion dates for all portions of the capital improvement program;
• Internal and external project funding sources for each project; and • Joint coordination between operation and maintenance staff, and engineering staff/consultants during planning, design, and construction of capital improvement projects; and Interagency coordination with other impacted utility agencies.

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During 2004, an update of the Master Plan was completed by MWH Americas titled, “Wastewater Collection System Master Plan – Capacity Assessment”, March 2004 (Master Plan) and approved by the City Council. The Master Plan evaluated the effectiveness of the previous 1988 Master Plan Study completed by CDM. It included a model of the collection system and an evaluation of the ability for the system to convey existing and future peak flows from a 5-year design storm, along with identification of areas with limited capacity and the need for system improvements and rehabilitation. Collection system improvements were designed for a 20-year design storm.

The City requires all new developments, on a case by case basis, that propose to connect to the City system, to provide capacity evaluations to determine that the existing system can transmit the proposed flows from the new development without exceeding the City’s design criteria from the Master Plans. If deficiencies are found, the evaluation must provide solutions to allow the addition of these expanded flows to the collection system without causing spills or system failures. This also includes capacity expansion evaluations for satellite agencies Stanford University and Los Altos Hills that currently discharge directly to and utilize capacity in the Palo Alto collection system.

8.2 Capacity Assessment and Design Criteria
The Master Plan Study was effective in identifying the capacity deficiencies and recommended appropriate CIP projects. Between 1990 and 2004, a majority of these CIP Capacity projects were designed and constructed. The 2004 Master Plan study further refined the previous study with more accurate modeling and significantly reduced the number of remaining capacity projects, which allowed us to refocus our attention on I/I CIP projects. Since 2004, the remaining CIP projects identified in the 2004 Master Plan, which addressed current capacity deficiencies, have been completed. See Section 5.1 for WW Design Standards governing design and construction methods.

8.3 Prioritization of Corrective Action
The City’s WGW Engineering Department is in the process of procuring a consultant to perform the Master Plan Study. Upon completion of the Master Plan Study the WGW Engineering and Operations Department will collaborate to create a plan that prioritizes corrective action throughout the sewer system.

8.4 Capital Improvement Plan
Projects in the 2004 Master Plan Study were broken into three groups, phases ‘A’, ‘B’, or ‘C’. The ‘A’ group consists of high priority projects. The ‘B’ group corrects relatively minor deficiencies. The ‘C’ group identifies potential future deficiencies. The groups relate to surcharge levels of the hydraulic grade line determined by the collection system model. The Master Plan identified eight locations where capacity-related improvements were required, generally in small diameter pipelines. These eight improvement projects have since been completed. The City is in the process of contracting a new vendor to complete an updated Master Plan Study which will include a capacity assessment and new recommendations for CIP.

The Wastewater Enterprise Fund, which is predominately funded by collection system sewer service charges, is the source of revenue for the annual CIP sewer rehabilitation projects. The funding is distributed among three operations: WGW Engineering, Customer Services and WGW Operations. Table 24 shows this distribution.

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Table 25: Sources of Annual Funding for Sanitary Sewer Rehabilitation Funding Source Responsible City Division
General Equipment and Tools WGW Engineering
Sewer System Extensions – new laterals and pipelines Customer Services Division Sewer Lateral/Manhole Rehab/Replacement WGW Operations
Wastewater System Improvements WGW Operations; WGW Engineering Annual WW Collection System Rehabilitation WGW Engineering Annual O&M WGW Operations Contractual Line Item WGW Operations

The sewer system rehabilitation and replacement projects are included in the City’s Five Year Capital Improvement Program (CIP). The annual expenditures for the City’s CIP, which totals an average of $3 million to $4 million annually for wastewater collection system rehabilitation and replacement, are shown by program in Table 25.

Table 26: Five-Year Capital Improvement Plan
Program FY 2022 FY 2023 FY 2024 FY 2025 FY 2026

TOTAL
New Manholes/
Replacement
$800.000 $1,325,000 $850,000 $875,500 $900,000 $4,750,000 Pipeline Rehabilitation/
Augmentation
$4,130,000 $0 $1,650,000 $3,550,000 $1,650,000 $9,495,000

System Improvements $200,000 $500,000 $500,000 $500,000 $200,000 $1,900,000 General Equipment and
Tools
$50,000 $50,000 $50,000 $50,000 $50,000 $250,000
TOTAL $5,180,000 $1,875,000 $3,050,000 $4,975,000 $2,800,000 $17,880,500 The funds that support the Capital Improvement Program come from the City’s Sewer Fund. The Sewer Fund is an enterprise fund that includes annual sewer service charges, connection fees and interest.

Additional funding from the Utilities Operations, operations and maintenance budget is made available for emergency repairs and lateral replacement, which is administered by Utility Operations.

8.4.1 Schedule
The annual projects include between 15,000 and 25,000 linear feet of pipe and associated manholes and attached lower laterals. The current capacity deficiencies identified in the 2004 Master Plan Study have all been constructed. An on-going 5-year CIP plan addresses and other maintenance issues typically replacing lines in place. Figure 7 from the City’s five-year Capital Improvement Program identifies approximately 75% of the line segments that are to be rehabilitated in the next five years. The remaining 25% are line segments that will be identified during the design phase. All projects are currently being or will be designed and implemented by WGW Engineering on an annual CIP Project Plan basis as detailed in Figure 7. All line segments represent sewer mains in the street blocks shown. The project usually takes a year after the start date to complete.

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The City has rehabilitated approximately 34% of the 217 miles of sanitary sewer system to date and expects to add an additional 20 to 25 miles of rehabilitation in the next five years. Figure 7 identifies those lines that have been rehabilitated or replaced up to 2019.

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Figure 7: Proposed Pipeline Replacement and Rehabilitation 2015-2019.

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Element 9: Monitoring, Measurement and Program Modifications

9.1 Maintenance of Relevant Data
The City of Palo Alto Utilities staff track relevant information that is used to establish and prioritize appropriate SSMP activities. Field data such as pipe cleaning and inspection frequencies, spills, and lateral replacements are tracked in Sedaru and/or other systems (for example GIS). On a monthly basis, the Business Analyst and the Operations Manager and Utilities Supervisor generate monthly reports to monitor and evaluate the effectiveness of the City’s collection system operation. The monthly report is also discussed with WGW Engineering staff at the regular monthly meetings.

SSMP Audit findings should also be used to determine plan modification and prioritization. Details regarding the SSMP internal audits can be found in Element 10 of the SSMP.

9.2 Monitoring and Assessment
The City has selected certain performance indicators to assess the effectiveness of the SSMP and WGW Operations for the sanitary sewer collection system. These indicators were selected because they are straightforward, quantitative, and focused on results. Changes in the indicators over time can be used to assess the overall success of the SSMP or, conversely, to identify underlying conditions that inhibit success and necessary program revisions and changes to fully implement the SSMP. The two categories of performance indicators are listed below:

Data Regarding Implementation of SSMP Measures
• Feet of sewer main inspected with CCTV/year
• Feet of sewer main cleaned/year
• Number of lower laterals with PM activity/year
• Feet of sewer main treated for root control
• Feet of sewer main rehabilitated
• Number of lower laterals rehabilitated
• Number of FSE inspections
Statewide Waste Discharge Requirements

The Plan must include an Adaptative Management section that addresses Plan implementation effectiveness and the steps for necessary Plan improvement, including:
• Maintaining relevant information, including audit findings, to establish and prioritize appropriate Plan activities;
• Monitoring the implementation and measuring the effectiveness of each Plan Element; • Assessing the success of the preventive operation and maintenance activities; • Updating Plan procedures and activities, as appropriate, based on results of monitoring and performance evaluations; and
• Identifying and illustrating spill trends, including spill frequency, locations, and estimated volumes.

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 Average response time for spill event (Time between City becoming aware of potential spill and First Responder arriving on site)

Data Regarding Success of Preventative Maintenance
 Spill Rate (Spills/100 miles/year);
 Number of spills for each cause (roots, grease, debris, pipe failure, capacity, lift station failures, etc);  Median spill volume (gallons)’
 Percentage of spills greater than 100 gallons; and
 Percentage of total spilled sewage reaching surface water.

9.3 Performance Data
Table 26 contains the specific annual performance goals associated with the collection system work.

The City’s Business Analyst produces monthly and annual performance reports, which will provide the data to compare to the SSMP and individual Element stated goals. The reports also presents spill performance results as certified in the State CIWQS system. This information allows the City to optimize operations in a manner that yields favorable spill performance.

Table 27: Palo Alto Annual Performance Goals
Performance Indicator Measured Units Goal
Feet of sewer main inspected with CCTV Feet 52,800
Feet of sewer main cleaned Feet 385,440
Feet of sewer main treated for root control Feet 5,280 Feet of sewer main rehabilitated Feet 5,280
Number of lower laterals PM’ed Number 2,400
Number of lower laterals rehabilitated Number 110
Number of Food Establishment Inspections Number 200
Average response time for spill event Time 1 Hour

Sanitary Overflow Trends Performance Indicator Measured Units Total Annual Spills Number
Spill Rate Spills/100 miles/year
Percentage of Total Spilled Sewage Reaching Surface Water Gallons Percentage of Spills Greater Than 100 Gallons Percentage Spills by Cause Roots
Grease
Debris
Pipe Failure
Lift Station Failure
Other
Median Spill Volume Gallons

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Adaptive Management
The City will evaluate the performance of its SSMP on a biennial basis using the performance indicators noted in Section 9.2. Any operational changes that are made to improve specific performance indicators will be documented in the SSMP Audit and reflected in the revised language of the SSMP. Element 10 discusses the SSMP Audit process in detail.

Chart Data Regarding Implementation of SSMP Measures 2012 – 2022

Figure 8: Feet of sewer main inspected with CCTV, 2012-2022

Figure 9: Feet of sewer main cleaned, 2021 – 2022

0 17370 19437
29137
54710
76811
49852 49417
71035
63752
45208
0 10000
20000
30000
40000
50000
60000
70000
80000
90000
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Feet of Sewer Main Inspected with CCTV/Year
714959
656256
573677
729814
792032
718217
774036
915212
724987
562163 540843
0 100000
200000
300000
400000
500000
600000
700000
800000
900000
1000000
2011 2013 2015 2017 2019 2021 2023
Feet of Sewer Main Maintained
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Figure 10: Number of Lower Laterals PM’ed

Figure 11: Average Spill Response Time

1128
1485
809
1714
1171
2232
1838
2588
1920 1928
1687
0 500
1000
1500
2000
2500
3000
2011 2013 2015 2017 2019 2021 2023
Number of lower laterals PM'ed
118
133
103
81 121
70 64 68
46 46
55 28 26
38 30
42 44
52 46
76 75 80
0 20
40 60
80 100
120
140
2011 2013 2015 2017 2019 2021 2023
Average Spill Response Time
Number of SSOs Average Response Time Per Spill (Minutes) Item 3
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9.4 Spill Trends
Figure 12: Total Annual Number of Spills

Figure 13: Median Spill Volume

118
133
102
81 121
70 64 68
46 46
55 0
20 40
60 80
100
120
140
2010 2012 2014 2016 2018 2020 2022 2024
Total Annual Number of Spills Number
10 11
17 23
18 25

21.5 11.5 12.5
19 25
0 5
10 15
20 25
30 2010 2012 2014 2016 2018 2020 2022 2024
Median Spill Volume in Gallons
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Figure 14: Percent Reached Surface Water

Figure 15: Percent of Spills Greater than 100 Gallons

22%
7%
0% 0%
4%
3%
0% 0% 0% 0%
3%
0%
5%
10%
15%
20%
25%
2010 2012 2014 2016 2018 2020 2022 2024
Percent Reached Surface Water

1.69%
9%
5%

14.81%
5%

8.57%
13%
3% 4%
20%
13%

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%
2010 2012 2014 2016 2018 2020 2022 2024
Percentage of Spills Greater than 100 Gallons Percentage Item 3
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Figure 16: Spills by Cause

0 20
40 60
80 100
120
140
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Spill Cause
Roots Debris FOG Other Pipe Failure
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Element 10: Internal Audits
Internal Audits
The reissued General Order, 2022-01-03-DWQ, requires the SSMP to be audited every three years. The audit report shall be uploaded to the online CIWQS database by six (6) months after the end of the 3- year audit period.

If the City fails to complete the audit, justification will need to be entered into the CIWQS database and sent to the Region 2 – San Francisco Bay Regional Water Quality Control Board. (Region 2’s contact information: [email protected] or (510) 622-2639). Failure to complete the audit within the required timeframe is not justification for non-compliance with the General Order. Therefore, the City must submit the late audit and comply with subsequent audit requirements and due dates corresponding to the original audit cycle.

The audit will include a systematic review of each SSMP element to ensure the SSMP contains current information, regulatory requirements are satisfied, and programs are effective and meeting the City goals for the operation of the collection system stated in Element 1. If updates or changes are required, the content and timeline to complete those changes are described in the audit form.

As part of the audit process, City staff will update critical information in the SSMP, such as contact information, names of the required Designated Officials and the spill response chain of communication, as needed. A comprehensive SSMP update will occur every 6 years, as required by the SSS WDR.

Changes made to the SSMP will be documented in the Change Log located in Appendix N.

Statewide Waste Discharge Requirements

The Plan shall include internal audit procedures, appropriate to the size and performance of the system, for the Enrollee to comply with section 5.4 (Sewer System Management Plan Audits) of this General Order.

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Element 11: Communication Program

11.1 Public Education
Outreach and public education are an important part of the City of Palo Alto’s operations. On an annual basis, the City utilizes various media (newspaper, utility bill inserts, website and social media) to inform utility customers of various topics including sanitary sewer collection system issues. Periodically throughout the year, public outreach material on sanitary sewer lateral and cleanout maintenance tips and requirements will be published in ads in the local newspaper’s special publications, through digital online advertisements, distributed to customers through utility bill inserts, and posted on the Utilities website. The outreach material provides instructions for reporting sewer blockages and overflows to the City’s dispatch center, as well as contacting the City’s dispatch center. Additional outreach on keeping fats, oils, and greases (FOG) out of drains is distributed via these communication channels every year, typically around the fall and winter holiday seasons. The Environmental Compliance Division distributes public education materials on proper disposal and handling of the household and non-residential fats, oils, and grease.

A copy of the City of Palo Alto’s 2018 SSMP is available on the City’s web site. Subsequent updates to the SSMP will also be posted on the same website.

SSMP link: https://www.cityofpaloalto.org/Departments/Utilities/Utilities-Services-Safety/Safety

11.2 Public Notification of a Spill
In the event of a spill reaching surface water, contaminated water signs will be posted as needed. If notification to the public is necessary, the City of Palo Alto’s Communication Manager will be the source of information and primary point of contact for the public. Additional details and contact information can be found in Element 6.7.5.

11.3 Connected Agencies
The City has an established communication plan with the Regional Water Quality Control Plant’s (RWQCP) collection system tributary agencies. The partner agencies meet periodically with City staff to discuss various topics of mutual interest. These meetings are documented and copies of the meeting agendas are located at the WGW Operations offices.

Statewide Waste Discharge Requirements
The Plan must include procedures for the Enrollee to communicate with:
• The public for:
o Spills and discharges resulting in closures of public areas, or that enter a source of drinking water, and
o The development, implementation, and update of its Plan, including opportunities for public input to Plan implementation and updates.
• Owners/operators of systems that connect into the Enrollee’s system, including satellite systems, for:
o System operation, maintenance, and capital improvement-related activities.

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1 5
6 1

CITY COUNCIL

STAFF REPORT
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: May 08, 2023
Staff Report: 2301-0808

TITLE
Approval of Contract Number C23186907 1 With Cratus, Inc. in an Amount Not-to-Exceed $7,707,055 for Sanitary Sewer Replacement Project 31 (WC-19001) on El Camino Real and Page Mill Road; Authorization for the City Manager to Negotiate and Execute Related Change Orders for a Total Not-to-Exceed Amount of $8,360,555; and Approval of Budget Amendments in the Wastewater Collection Fund; CEQA status: categorically exempt under CEQA Guidelines Sec. 15301 and 15302

RECOMMENDATION
Staff recommends that Council:

1. Approve and authorize the City Manager or their designee to execute contract C23186907 with Cratus, Inc. in an amount not-to-exceed $7,707,055 for the Sanitary Sewer Replacement Project 31 (WC-19001) capital improvement project on El Camino Real from Page Mill Road to Cesano Court, and on Page Mill Road from Hansen Way to Ash Street.

2. Approve and authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with Cratus, Inc. for related additional but unforeseen work, which may develop during the project, the total value of which shall not exceed $653,500 or 8.5% of the contract amount. The total authorized not-to-exceed expenditure amount is $8,360,555, which includes the contract amount of $7,707,055 and an 8.5% contingency of $653,500.

3. Amend the Fiscal Year 2023 Budget Appropriation Ordinance for the Wastewater Collection Fund (requires a 2/3 vote) by:

1. Increasing the Sanitary Sewer Replacement Project 31 (WC-19001) CIP budget by $1,335,244; and

2. Decreasing the Wastewater Collection Fund Reserve by $1,335,244.

1 Contract C23186907 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city- manager-reports-cmrs/attachments/04-08-2023-attachment-a-c23186907-ssr31.pdf Item 4
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BACKGROUND
This project is part of the Council approved capital improvement program designed to ensure reliable wastewater services for the City of Palo Alto residents and customers, implementing high-priority rehabilitation, augmentation, and lateral replacement work that reduces inflow and infiltration of stormwater and groundwater into the collection system. Using the data from CCTV inspection and on-going routine maintenance reports provided by Utility Operations, staff has identified sewer mains on El Camino Real and Page Mill Road as needing rehabilitation. The planned areas are prioritized based on system maintenance needs, Caltrans and County of Santa Clara street improvement/re-paving projects, and the goals of the Sanitary Sewer Management Plan (SSMP).

DISCUSSION
The scope of this contract includes replacement of approximately 10,924 linear feet of sanitary sewer mains of various sizes and replacement/rehabilitation of 43 sewer manholes on El Camino Real and Page Mill Road. The sewer main on El Camino Real is of particular concern because recent camera inspections showed many sections of the pipe wall need repair. Accordingly, proceeding with the project is important to avoid the risk that the main on El Camino Real could collapse before replacement.

The existing vitrified clay pipe (VCP) mains will be replaced with high-density polyethylene (HDPE) pipe. In addition, 89 existing City-owned sewer service laterals and cleanouts will be replaced with new 4” and 6” HDPE service laterals and cleanouts. All new service laterals will be installed from the new sewer main (usually located in the street) to the new sewer cleanouts (located in a planting strip or in the sidewalk). Any excavations as part of the work will be restored in kind when construction is completed.

The project areas are within Caltrans and County of Santa Clara rights-of-way; therefore, the work will be performed in accordance with Caltrans or County encroachment permit requirements.

Approximately 40% of the work under this contract is required to be performed during the night because Caltrans does not allow 2-lane closures during the day. Caltrans also limits daytime construction to 6 hours per day, typically from 9:00 AM to 3:00 PM, Monday through Friday.

Work performed at night that requires 2-lane closures will be between 10:00 PM or 11:00 PM (depending on the direction of traffic) and 7:00 AM, Sunday through Thursday. No construction work will be allowed during the winter holiday period between December 22, 2023 and January 2, 2024. Caltrans also restricts construction one workday before and after State-observed holidays. The construction period for each block will vary depending on the construction method and the extent of work to be done.

Critical Project Timeline
Caltrans plans to start a street improvement project in late summer 2023 to repave El Camino Real which overlaps the boundary of SSR 31. It is critical to start the sewer main replacement project by July or August to stay ahead of Caltrans’ paving schedule to avoid digging up newly paved streets. Utilities Operations performed CCTV inspection of the existing sewer mains on El Item 4
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Camino Real and confirmed that these mains are at a greater risk of failure over the next few years due to structural defects such as broken or missing sections of pipes.

Prequalification
California Public Contract Code section 20101 and City Policy and Procedure 1-44 (Prequalification of Contractors) permit public agencies to pre-qualify prospective bidders on public works projects for a single project or for a one-year period, in order to determine whether bidders demonstrate the quality, financial fitness, capacity, and experience to perform work successfully and on time. Public agencies may use model questionnaires and rating guidelines created by the California Department of Industrial Relations, or they may customize them to suit their specific needs for each project.

Staff worked with the City’s attorneys to modify the DIR’s questionnaire and rating system, using objective criteria applied uniformly to each prospective bidder. On December 5, 2022, staff posted a notice inviting general contractors to submit prequalification questionnaires through the City’s eProcurement system. The invitation was open for 25 calendar days. On December 29, 2022, thirteen general contractors submitted prequalification questionnaires. Staff conducted reference checks based on the list of projects submitted by the contractors and scored each questionnaire according to set of objective criteria that was established prior to publishing the notice inviting prequalification. All thirteen of the contractors prequalified.

Bid Process
On January 5, 2023, the City posted a notice inviting formal bids (IFB) for the Sanitary Sewer Replacement Project 31 on the City’s electronic procurement system, PlanetBids. The bidding period was 29 calendar days. Two contractors submitted bids on February 2, 2023, as listed on the attached Bid Summary Table 2. The general reason for other pre-qualified contractors not bidding is due to manpower availability. They are either too busy with other projects or unable to assign adequate internal staff to provide two crews to perform work covering both day and night shifts.

BID NAME/NUMBER

SANITARY SEWER REPLACEMENT
PROJECT 31, CIP WC-19001, IFB NUMBER
186907
Proposed Length of Project 280 Calendar days
Number of Bids Mailed to Contractors 0 (electronic documents were available in PlanetBids)
Number of Bids Mailed to Builder’s
Exchanges
0 (electronic documents were available in
PlanetBids)
Total Days to Respond to Bid 29
Pre-Bid Meeting? Yes (Mandatory)
2 Bid Summary Table https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city- manager-reports-cmrs/attachments/04-08-2023-attachmnet-b-bid-summary-table.pdf Item 4
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Number of Prequalified Company Attendees
at Pre-Bid Meeting 8
Number of Bids Received: 2
Bid Price Range $8,360,555 to $10,194,670
*Bid summary provided in the attached table.

Staff has reviewed the submitted bids and recommends that the total bid of $8,360,555 submitted by Cratus, Inc. be accepted and that Cratus, Inc. be declared the lowest responsible and responsive bidder. The contract award will be just for the Base Bid amount of $7,707,055.

Cratus provided pricing on additional alternative items in the amount of $653,500, which the City may at its discretion require, as further specified in Section 7.2 of the Construction Contract, depending on site conditions and coordination needs related to Caltrans’ concurrent street improvement project. The bid is approximately 35 percent above the staff engineer’s estimate of $6,193,658. The contractors indicated the reason for the elevated cost is mainly due to Caltrans’ requirements for construction on El Camino Real, which include the following:
•The limited workhours (6 hours during the day and 7 hours during the night) on El Camino Real significantly decrease the efficiency of the pipe replacement construction. •Slurry cement backfill with a concrete cap is required on El Camino Real, instead of traditional crushed rock and class 2 aggregate backfill with asphalt concrete for sewer trenches.
•40% of the work is required to be performed during the night which increases costs because concrete and slurry plants have additional charges for after-hour operations.

Staff recommends awarding the contract for the Base Bid amount of $7,707,055, which reflects the work included in the project’s base scope of work. The contingency amount of $653,500, which represents 8.5 percent of the total contract, is requested for additional work that may be needed during the project. Additional work is possible with construction projects because during construction there may be previously unknown obstructions or ground conditions that require changes in how construction will proceed, leading to change orders that may create additional costs. A contingency fund is necessary to prevent significant delays in the project to handle these unforeseen conditions, which could otherwise result in longer road closures and disruptions. Any unspent contingency funds are returned to reserves at the end of the project.

Staff confirmed with the Contractor's State License Board that Cratus, Inc. has an active and appropriate contractor’s license for performing the work. Staff contacted references provided by Cratus, Inc. for previous work performed and received positive feedback. Staff also confirmed that Cratus, Inc. is registered and in good standing with the Department of Industrial Relations (DIR). In addition, Cratus, Inc. has contracted with the City on the Sanitary Sewer Replacement Project 30 and has demonstrated the knowledge and ability needed to complete this project (SSR 31) on schedule and within budget.

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FISCAL/RESOURCE IMPACT
Funding of $7,125,311 is available in the FY 2023 Adopted Capital Budget for WC-19001 (Wastewater Collection System Rehabilitation/Augmentation Project 31). Therefore, staff recommends an appropriation of $1,335,244 in the FY 2023 Wastewater Collection CIP WC- 19001 and offset by a reduction in the Wastewater Collection Reserve. The increased project funding of $1,335,244 being requested is needed to account for economic fluctuations in material and construction costs, staff cost increases over the past five years, and the stringent work and traffic control requirements by Caltrans.

Summary of Project Costs for Sanitary Sewer Replacement 31 (WC-19001) Actual to Date: FY’23 Design, Pre-Construction Cost, City Pre-Ordered Pipe (to avoid supply chain delay) $174,689
Construction Costs $8,360,555
Construction Management (Engineering & Inspection Staff Time) $100,000 Total Project Costs $8,635,244
Total Actuals to Date (design/pre-construction cost/pre-ordered pipe) $174,689 WC-19001 Budget Available $7,125,311
Additional Funds Needed $1,335,244
The size of this project significantly exceeds the City’s in-house construction resources making it necessary to contract out the work.

POLICY IMPLICATIONS
The approval of this contract is consistent with existing City policies including the Council approved 2018 Utilities Strategic Plan-Strategic Objectives: Priority 4: Financial Efficiency and Resource Optimization Tactical Action Plan, which established a proactive infrastructure replacement program, based on planned replacement before failure to support reliability and resiliency. Facing an evolving utility business environment, aging infrastructure needs, and sustainability objectives, CPAU must maintain a competitive position in the market. Remaining financially sustainable and competitive in the market while optimizing resources is key to maintaining and enhancing value to customers.

STAKEHOLDER ENGAGEMENT
The project is located on El Camino Real from Page Mill Road to Cesano Court, and on Page Mill Road from Hansen Way to Ash Street within the City. Project locations are shown in the attached site map3. The City will provide written notification to all affected property occupants by mail prior to the start of construction. Cratus, Inc. will also provide two written notifications of the work to all abutting property occupants, one at least 15 days prior to the commencement of work at their specific locations, and a second 24 hours prior to mobilization. 3 Index Site Map https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city- manager-reports-cmrs/attachments/04-08-2023-attachment-c-index-map.pdf Item 4
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The City’s Utilities, Public Works, and Transportation Departments have been coordinating with Caltrans and the County of Santa Clara with their street re-paving projects on El Camino Read and Page Mill Road. Caltrans plans to start their project in late summer 2023. Staff will continue to coordinate with Caltrans during construction to help ensure contractors’ work is appropriately sequenced.

ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15301 (repair, maintenance of existing facilities) and 15302 (replacement or reconstruction of existing facilities).

ATTACHMENTS
Attachment A: C23186907 SSR31
Attachment B: Bid Summary Table
Attachment C: Site Index Map
APPROVED BY:

Dean Batchelor, Director Utilities
Staff: Christian Ramirez, Associate Engineer
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CONSTRUCTION CONTRACT

Contract No. C23186907

City of Palo Alto

Sanitary Sewer Replacement Project 31 (SSR31)

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CONSTRUCTION CONTRACT

TABLE OF CONTENTS

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….………….6

1.1 Recitals……………………………………………………………………………………………………………………...6

1.2 Definitions………………………………………………………………………………………………………………….6 SECTION 2 THE PROJECT………………………………………………………………………………………………………...6 SECTION 3 THE CONTRACT DOCUMENTS.……………………………………………………………………………...7

3.1 List of Documents.…………………………………………………………………………………………..............7

3.2 Order of Precedence…………………………………………………………………………………………….......7 SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..8

4.1 Contractor's Duties……………………………………………………………………………………………………..8 SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8

5.1 Contractor's Co-operation…………………………………………………………………………………………..8 SECTION 6 TIME OF COMPLETION………………………………………………………………………………………….8

6.1 Time Is of Essence……………………………………………………………………………………………………….8

6.2 Commencement of Work……………………………………………………………………………………………8

6.3 Contract Time…………………………………………………………………………………………………………….8

6.4 Liquidated Damages…………………………………………………………………………………………………..8

6.4.1 Other Remedies……………………………………………………………………………………………………….9

6.5 Adjustments to Contract Time……………………………………………………………………………………9 SECTION 7 COMPENSATION TO CONTRACTOR………………………………………………………………………9

7.1 Contract Sum………………………………………………………………………………………………………………9

7.2 Full Compensation………………………………………………………………………………………………………9

7.2.1…Adjustment for Actual vs. Estimated Quantities…………………..…………………………………..9

7.2.2 Adjustment for Corresponding Base Scope…………………………..……………………………………9

7.2.3 Schedule of Values……………………………………………………………………………………………………..9

7.3 Full Comensation………………………………………………………………………………………………………….10 SECTION 8 STANDARD OF CARE……………………………………………………………………………………………...10

8.1 Standard of Care…………………………………………………………………………………..……………………10 SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..…10

9.1 Hold Harmless……………………………………………………………………………………………………………10

9.2 Survival………………………………………………………………………………………………………………………10 Item 4
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SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………..10

10.1 Municipal Code Requirement…………….………………………………..……………………………………..10 SECTION 11 INSURANCE AND BONDS.……………………………………………………………………………………11

11.1 Evidence of Coverage…………………………………………………………………………………………………11 SECTION 12 PROHIBITION AGAINST TRANSFERS………………………………………………………………….….11

12.1 Assignment…………………………………………………………………………………………………………………11

12.2 Assignment by Law.……………………………………………………………………………………………………11 SECTION 13 NOTICES……………………………………………………………………………………………………………….11

13.1 Method of Notice ………………………………………………………………………………………………………11

13.2 Notice Recipents ……………………………………………………………………………………………………….11

13.3 Change of Address……………………………………………………………………………………………………..12 SECTION 14 DEFAULT…………………………………………………………………………………………………………......13

14.1 Notice of Default………………………………………………………………………………………………………..13

14.2 Opportunity to Cure Default………………………………………………………………………………………13 SECTION 15 CITY'S RIGHTS AND REMEDIES……………………………………………………………………………..13

15.1 Remedies Upon Default………………………………………………………………………………………….....13

15.1.1 Delete Certain Services…………………………………………………………………………………………..13

15.1.2 Perform and Withhold……………………………………………………………………………………………..13

15.1.3 Suspend The Construction Contract………………………………………………………………………..13

15.1.4 Terminate the Construction Contract for Default…………………………………………………….13

15.1.5 Invoke the Performance Bond…………………………………………………………………………………..13

15.1.6 Additional Provisions………………………………………………………………………………………………14

15.2 Delays by Sureties……………………………………………………………………………………………………….14

15.3 Damages to City………………………………………………………………………………………………………….14

15.3.1 For Contractor's Default………………………………………………………………………………………….14

15.3.2 Compensation for Losses………………………………………………………………………………………..14

15.4 Suspension by City……………………………………………………………………………………………………..14

15.4.1 Suspension for Convenience……………………………………………………………………………………14

15.4.2 Suspension for Cause…………………………………………………………………………………………......14

15.5 Termination Without Cause……………………………………………………………………………………….15

15.5.1 Compensation…………………………………………………………………………………………………………15

15.5.2 Subcontractors………………………………………………………………………………………………………….15 Item 4
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15.6 Contractor’s Duties Upon Termination………………………………………………………………...........15 SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES…………………………………………………………………16

16.1 Contractor’s Remedies……………………………………..………………………………………………………….16

16.1.1 For Work Stoppage……………………………………………………………………………………………………16

16.1.2 For City's Non-Payment……………………………………………………………………………………………..16

16.2 Damages to Contractor………………………………………………………………………………………………….16 SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….……….16

17.1 Financial Management and City Access………………………………………………………………………….16

17.2 Compliance with City Requests………………………………………………………………………………………17 SECTION 18 INDEPENDENT PARTIES…………………………………………………………………………………………….17

18.1 Status of Parties……………………………………………………………………………………………………………..17 SECTION 19 NUISANCE……………………………………………………………………………………………………….………..17

19.1 Nuisance Prohibited………………………………………………………………………………………………………..17 SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………………..17 SECTION 21 WAIVER…………………………………………………………………………………………………………………….17 SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS………………………………………..17

22.1 Governing Law…………………………………………………………………………………………………………………17

22.2 Compliance with Laws……………………………………………………………………………………………………..17

22.2.1 Palo Alto Minimum Wage Ordinance ………………………………………….…………………………………18 SECTION 23 COMPLETE AGREEMENT…………………………………………………………………………………………...18

23.1 Integration……………………………………………………………………………………………………………………….18 SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………………..18

24.1 Survival of Provisions……………………………………………………………………………………………………....18 SECTION 25 PREVAILING WAGES…………………………………………………………………………………………………..18 SECTION 26 NON-APPROPRIATION……………………………………………………………………………………………….19

26.1 Appropriation…………………………………………………………………………………………………………………..19 SECTION 27 AUTHORITY……………………………………………………………………………………………………………….19

27.1 Representation of Parties………………………………………………………………………………………………..19 SECTION 28 COUNTERPARTS……………………………………………………………………………………………….........19

28.1 Multiple Counterparts……………………………………………………………………………………………………19 SECTION 29 SEVERABILITY…………………………………………………………………………………………………………..19

29.1 Severability…………………………………………………………………………………………………………………….19 Item 4
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SECTION 30 STATUTORY AND REGULATORY REFERENCES ………………………………………………….........19

30.1 Amendments of Laws…………………………………………………………………………………………………….19 SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….……….19

31.1 Workers Compensation…………………………………………………………………………………………………19 SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS………………………………………..…………20

32.1 General Notice to Contractor……………………………………………………………………………………….20

32.2 Labor Code section 1771.1(a)……………………………………………………………………………………...20

32.3 DIR Registration Required……………………………………………………………………………………………20

32.4 Posting of Job Site Notices……………………………………………………………………………………………20

32.5 Payroll Records…………………………………………………………………………………………………………….20

32.6 Employment of Apprentices………………………………………………………………………………………….21

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CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT entered into on XXXXX XX, 2023 (“Execution Date”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("City"), and Cratus, Inc. ("Contractor"), is made with reference to the following:

R E C I T A L S:

A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. Contractor is a Corporation duly organized and in good standing in the State of California , Contractor’s License Number 987888 and Department of Industrial Relations Registration Number 1000007809. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On January 5, 2023, City issued an Invitation for Bids (IFB) to contractors for the Sanitary Sewer Replacement Project 31 (SSR31) (“Project”). In response to the IFB, Contractor submitted a Bid.

D. City and Contractor desire to enter into this Construction Contract for the Project, a nd other services as identified in the Contract Documents for the Project upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 I
NCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals are substantive parts of this Construction Contract and are hereby incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract (somet imes referred to herein as the “Contract”) and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail.

SECTION 2 T
HE PROJECT.

The Project is the Sanitary Sewer Replacement 31 (SSR31) Project, located on El Camino Real and Page Mill Road , Palo Alto, CA. 94306 ("Project").
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SECTION 3 THE CONTRACT DOCUMENTS.

3.1 List of Documents.

The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the following documents which are on file with the Purchasing Division and are here by incorporated into this Construction Contract by reference.

1) Change Orders

2) Field Orders

3) Construction Contract

4) Notice to Proceed

5) Bidding Addenda

6) Special Provisions

7) General Conditions

8) Project Plans and Drawings

8) Technical Specifications

9) Instructions to Bidders

10) Invitation for Bids

11) Contractor's Bid/Non-Collusion Declaration

12) Reports listed in the Contract Documents

13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid)

14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at time of Bid)

15) City of Palo Alto Traffic Control Requirements

16) City of Palo Alto Truck Route Map and Regulations

17) Notice Inviting Pre -Qualification Statements, Pre -Qualification Statement, and Pre -Qualification Checklist (if applicable)

18) Performance and Payment Bonds

3.2 Order of Precedence.

For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City.

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SECTION 4 CONTRACTOR’S DUTY.

4.1 Contractor’s Duties

Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents.

Contractor also agrees to use its best efforts to complete the Work in a professi onal and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

SECTION 5 P ROJECT TEAM.

5.1 Contractor’s Co-operation.

In addition to Contractor, City has retained, o r may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Contract requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other contractors retained by City to construct other portions of the Project.

SECTION 6 TI
ME OF COMPLETION.

6.1 Time Is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in City’s Notice to Proceed.

6.3 Contract Time.

Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed not later than .
within two hundred eighty calendar days (280) after the commencement date specified in City’s Notice to Proceed.
within working days () after the commencement date specified in City’s Notic e to Proceed.

B
y executing this Construction Contract, Contractor expressly waives any claim for delayed early completion.

6.4 Liquidated Damages.

Pursuant to Public Contract Code Section 7203, if Contractor fails to achieve Final Completion of the entire Work within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily basis for each day of Unexcused Delay in achieving Final Completion, based on the amount of Th ree Thousand and Five Hundred dollars ($3,500) per day, or as otherwise specified in the Special Provisions. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents, regardless of impact on the time for achieving Final Completion. The asses sment of liquidated damages is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion of the Work.

The City is entitled to setoff t he amount of liquidated damages assessed against any paym ents otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Final Completion, shall not operate as a waiver of City’s right to assess liquidated damages.

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6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Final Completion of the entire Work within the Contract Time.

6.5 Adjustments to Contract Time.

The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order approved in accordance with the requirements of the Contract Documents.

SECTION 7 C
OMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of Seven Million Seven Hundred Seven Thousand, Fifty-five Dollars ($7,707,055.) for the Base Bid scope of Work, which includes Bid Items 01-27, inclusive (“Base Scope”).

7.2 Unit Pricing.

With respect to the “Add Alternate” bid items, as described in Section 3.01.B of Specification Section 1025 (Measurement and Payment) and referenced as Bid Items 28 -33 (inclusive) on the Revised Bid Form (issued with Addendum No. 2), the Contract is hereby awarded solely for the Base Scope and without including Bid Items 28 -33.

Whether or not the Work encompassed in Bid Items 28 -33 will be needed for the Project is unknown as of the Execution Date of this Contract. However, with respect to Bid Items 28-33, Contractor agrees to be bound by the unit pricing provided in Contractor’s Bid if the scope of Work encompassed in one or more of Bid Items 28 -33 is required, as determined by the City, acting in its sole discretion, during the course of Work on the Project and as memorialized in a Field Order or Change Order.

7.2.1 Adjustment for Actual vs. Estimated Quantities.

If the City determines that Work encompassed in one or more of Bid Items 28-33 is required for the Project, the City may also determine the quantity required for each such Bid Item, su bject to the Project needs and applicable circumstance. T he estimated quantities for Bid Items 28 -33 are subject to adjustment for payments due to the Contractor based on actual quantities completed for the Project pursuant to Section

7.2.9 of the General Conditions. Nothing in this Contract is intended to entitle Contractor to inclusion of Bid Items 28-33 in the Contract Sum, except as authorized by the City pursuant to this Section 7 of the Contract.

7.2.2 Adjustment for Corresponding Base Scope.

Bid Items 31-33 inclusive include alternate methodology which may be needed, as determined by the City, to replace a corresponding quantity of Work within the Base Scope, as follows:

.1 Bid Items 23 and 31. If and to the extent the Cit y directs Work pursuant to Bid Item 31, there will be a corresponding reduction of the estimated scope under corresponding Bid Item 23.

.2 Bid Items 24 and 32. If and to the extent the City directs Work pursuant to Bid Item 32, there will be a corresponding reduction of the estimated scope under corresponding Bid Item 24.

.3 Bid Items 25 and 33. If and to the extent the City directs Work pursuant to Bid Item 33, there will be a corresponding reduction of the estimated scope under corresponding Bid Item 25.

7.2.3 Schedule of Values.

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Contractor will include the unit prices provided in its bid for Bid Items 28- 33 in the Schedule of Values submitted pursuant to Section 9.1 of the General Conditions.

7.3 Full Compensation.

The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or fr om the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract Documents.

SECTION 8 STANDARD OF CARE.

8.1 Standard of Care.

Contractor agrees that the Work shall be performed by qualified, experienced and well- supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 I
NDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert wi tness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its emp loyees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnit ee. Contractor shall pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third -party claim relating to the Contract.

9.2 Survival.

The provisions of Section 9 shall survive the termination or expiration of this Construction Contract.

SECTION 10 N
ON-DISCRIMINATION.

10.1 Municipal Code Requirement.

As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to the race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges Item 4
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that it has read and understands the provisions of S ection 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements , and the penalties for violation th ereof, and will comply with all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

SECTION 11 I NSURANCE AND BONDS.

11.1 Evidence of coverage.

Within ten (10) business days fol lowing issuance of the Notice of Award, Contractor shall provide City with evidence that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions.

SECTION 12 PR
OHIBITION AGAINST TRANSFERS.

12.1 Assignment.

City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy available to the City.

12.2 Assignment by Law.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Contr ol means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 N
OTICES.

13.1 Method of Notice.

All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and shall be deemed received on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission; (iv) On the date sent if delivered by electronic mail; or (v) On the date it is received by the recipient
if sent by certified mail.

13.2 Notice to Recipients.

All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to City shall include the Project name and the number of this Construction Contract and shall be addressed to City at:

To City: City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303

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Copy to: City of Palo Alto
P ublic Works Administration
250 Hamilton Avenue
Palo Alto, CA 94301
Attn:

[Include Construction Manager, If Applicable.]

__
_____________________________
_______________________________
_______________________________
_______________________________

City of Palo Alto
U tilities Engineering
1007 Elwell Court
Palo Alto, CA 94303
Attn: Tuan Nguyen, Project Manager

In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

Palo Alto City Attorney’s Office
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, California 94303

All Claims shall be sent by registered mail or certified mail with return receipt requested.

All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor a t:

To Contractor:

Cratus, Inc.
945 Taraval Street, #302
San Francisco, CA 94116
Attn: Michael Kirwan, CFO

13.3 Change of Address.

In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may, by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be provided.

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SECTION 14 DEFAULT.

14.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract, with a copy to Contractor’s performance bond surety.

14.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice.

However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days (or such shorter time as Ci ty may reasonably require) and will diligently and continuously prosecute such cure to completion within a r easonable time, which shall in no event be later than ten (10) Days after receipt of such written notice.

SECTION 15 C
ITY'S RIGHTS AND REMEDIES.

15.1 Remedies Upon Default.

If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14, then City may pursue any remedies available under law or equity, including, without limitation, the following:

15.1.1 Delete Certain Services . City may, without terminating the Construction Contract, delete certa in portions of the Work, reserving to itself all rights to Losses related thereto.

15.1.2 Perform and Withh old. City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold the cost thereof to City f rom future payments to Contractor, reserving to itself all rights to Losses related thereto.

15.1.3 Suspend the Construction Contract . City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

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15.1.6 Additional Provisions . All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as material shall not waive t he City’s authority to designate other breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from terminating the Agreement for breaches that are not material. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall p rejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contract or to recover all liquidated damages and Losses suffered by City.

15.2 Delays by Sureties.

Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arra ngements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety shall be jointly and severally liable for an y additional cost incurred by City to complete the Work following termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work.

15.3 Damages to City.

15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

15.3.2 Compensation for Losses . In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to Contractor. If the Losses incurre d by City exceed the amount payable, Contractor shall be liable to City for the difference and shall promptly remit same to City.

15.4 Suspension by City

15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with the order and take all reasonable steps t o minimize costs allocable to the Work covered by the Suspension Order. Duri ng the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled or expires, Contractor shall resume and continu e with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension Order shall not be the exclusive method for City to stop the Work.

15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately orde r the Work, or any portion thereof, suspended until the cause for the suspens ion has been eliminated to City’s satisfaction.

Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.

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15.5 Termination Without Cause.

City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5 shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental da mages of any kind resulting from termination without cause.

Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses arising from or related to the Work performed by Contractor.

15.5.1 C ompensation. Following such termination and within forty- five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to Contractor as Contractor’s sole compensation for performance of the Work:

.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.

.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors:
(i) Demobilizing and
(ii) Administering the close -out of its participation in the Project (including, without limitation, all billing and accounting functions, not includ ing attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination.

.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

.4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the above items, provided Contractor can prove a likelihood that it would have made a profit if the Construction Contract had not been terminated.

15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent w ith this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor against City under this Section.

15.6 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orde rs or subcontracts for mate rials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work that is not discontinued; (iii) Provide to City a description in writing, no later than fifteen (15) days after recei pt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contrac tor to terminate the subcontract, purchase order or contract;
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subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as -built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date.

SECTION 16 C
ONTRACTOR'S RIGHTS AND REMEDIES.

16.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract only upon the occurrence of one of the following:

16.1.1 For Work Stoppage . The Work is stopped for sixty (60) cons ecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. This provision shall not apply to any work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for convenience.

16.1.2 For City's Non-Payment. If City does not pay Contractor undisputed sums within ninety (90) Days after receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a second notice to City of Contractor’s intention to terminate the Construction Contract.

16.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provide d for in Paragraph 15.5.1 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 17 A
CCOUNTING RECORDS.

17.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records, books, estimates, take -offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouche rs, memoranda and other data relating to this Project. Contractor shall retain these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract Disputes and other disputes, or (iii) for such longer period as may be required by law.

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17.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 18 I
NDEPENDENT PARTIES.

18.1 Status of parties.

Each party is acting in its i ndependent capacity and not as agents, employees, partners, or joint venture rs of the other party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 19 N
UISANCE.

19.1 Nuisance Prohibited.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the performance of services under this Construction Contract.

SECTION 20 P
ERMITS AND LICENSES.

Except as otherwise provided in the Special Provisions and Technical Specifications, the Contractor shall provide, procure and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be included in one or more Bid items . No other compensation shall be paid to the Contractor for these items or for delays caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies.

SECTION 21 W
AIVER.

A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 22 G OVERNING LAW AND VENUE; COMPLIANCE WITH LAWS.

22.1 Governing Law and Venue.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California, without regard to conflict of law provisions, and venue shall be in a court of competent jurisdiction in the County of Santa Clara, California and no other place.

22.2 Compliance with Laws.

Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation, ordinances and resolutions, in the performance of work under this Construction Contr act.

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22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, Contractor shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.

SECTION 23 C
OMPLETE AGREEMENT.

23.1 Integration.

This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This Agr eement may be amended only by a written instrument, which is signed by the parties.

SECTION 24 S
URVIVAL OF CONTRACT.

24.1 Survival of Provisions.

The provisions of the Construction Contract which by their nature survive termination or expiration of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination or expiration of the Construction Contract.

SECTION 25 P
REVAILING WAGES.

This Project is not subject to prevailing wages and related requirements. Contractor is not required to pay prevailing wages and meet related requirements under the California Labor Code and Cali fornia Code of Regulations in the performance and implementation of the Project if the Contract:
___ i s not a public works co ntract;
___ is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
___ is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).

This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulation s. Contractor is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the City’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, websi te (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. Contractor s hall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including, but not limited to, Sections 1720, 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et se q.), as amended from time to time.

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SECTION 26 NON-APPROPRIATION.

26.1 Appropriations.

This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code.

This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available.

This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

SEC
TION 27 AUTHORITY.

27.1 Representation of Parties.

The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

SECTION 28 C

OUNTERPARTS

28.1 Multiple Counterparts.

This Agreement may be signed in multiple counterparts, which, when executed by all the parties, shall together constitute a single binding agreement.

SECTION 29 S
EVERABILITY.

29.1 Severability.

In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 30 ST
ATUTORY AND REGULATORY REFERENCES.

30.1 Amendments to Laws.

With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by City, as may be amended from time to time, unless otherwise required by law.

SECTION 31 W ORKERS’ COMPENSATION CERTIFICATION.

31.1 Workers Compensation.

Contractor shall secure the payment of workers’ compensation to its employees as provided in Lab or Code Sections 1860 and 3700.

Pursuant to Labor Code Section 1861, by signing this Contract, Contractor thereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with suc h provisions before commencing the performance of the Work on this Contract.”
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SECTION 32 D IR REGISTRATION AND OTHER REQUIREMENTS.

32.1 General Notice to Contractor.

City requires Contractor and its S ubcontractors to comply with all applicable requireme nts of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Additional information regarding public works and prevailing wage requirements is available on the DIR website (see e.g. http://www.dir.ca.gov) as amended from time to time.

32.2 Labor Code section 1771.1(a)

City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defin ed in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

32.3 DIR Registration Required.

City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that Contractor and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions.

32.4 Posting of Job Site Notices; Compliance Monitoring.

City gives notice to Contractor and its S ubcontractors that Contrac tor is required to post all job site notices prescribed by law or regulation and Contractor is subject to compliance monitor ing and enforcement by DIR.

32.5 Payroll Records.

Contractor shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).

City requires Contractor and its S ubcontractors to comply with the requirements of Labor Code section 1776, including but not limited to:

32.5.1 Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its Subcontractors, in connection with the Project.

32.5.2 The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of Contractor and its Subcontractors, respectively.

32.5.3 At the request of City, acting by its Project Manager, Contractor and its Subcontractors shall make the certified payroll records available for inspection or furnished upon request to the City’s Project Manager within ten (10) days of receipt of City’s request.

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City requests Contractor and its Subcontractors to submit the certified payroll records to the City’s Project Manager at the end of each week during the Project.

32. 5.4 If the certified payroll records are not provided as required within the 10-day period, then Contractor and its Subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15 hereof.

32.5.5 Inform the City’s Project Manager of the location of Contractor’s and its Subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the City’s Project Manager within five (5) business days of any change of location of those payroll records.

32.6 Employment of Apprentices.

Contractor shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws.

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IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

CITY OF PALO ALTO

____________________________
City Manager

APPROVED AS TO FORM:

____________________________
City Attorney or designee

APPROVED:

____________________________
Utilities Director

CRATUS, INC.

Officer 1

By:___________________________

Name:________________________

Title:__________________________

Date: _________________________

Officer 2

By:____________________________

Name:_________________________

Title:__________________________

Date:__________________________

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CITY OF PALO ALTO

GENERAL CONDITIONS

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GENERAL CONDITIONS

TABLE OF CONTENTS

ARTICLE 1 – PRELIMINARY PROVISIONS 57

1.1 DEFINITIONS .................................................................................................................................... 57

1.2 OWNERSHIP AND USE OF DOCUMENTS .......................................................................................... 62

1.3 INTERPRETATION OF CONTRACT DOCUMENTS ............................................................................... 63 ARTICLE 2 – CITY’S RIGHTS AND OBLIGATIONS 64

2.1 INFORMATION AND SERVICES PROVIDED BY CITY .......................................................................... 64

2.2 ACCESS TO PROJECT SITE ................................................................................................................. 65

2.3 CITY'S RIGHT TO STOP THE WORK ................................................................................................... 65

2.4 CITY’S RIGHT TO CARRY OUT THE WORK ......................................................................................... 65

2.5 ACCESS TO MUNICIPAL SERVICE CENTER ........................................................................................ 66

2.6 EMERGENCY TERMINATION OF CONTRACT .................................................................................... 66 ARTICLE 3 – CONTRACTOR’S RIGHTS AND OBLIGATIONS 66

3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS ...................................... 66

3.2 SUPERVISION AND CONSTRUCTION PROCEDURES ......................................................................... 67

3.3 RESPONSIBILITY FOR THE WORK ..................................................................................................... 68

3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS.............................................. 68

3.5 CONTRACTOR'S WARRANTY ............................................................................................................ 68

3.6 CONSTRUCTION METHODS AND PROCEDURES............................................................................... 68

3.7 TAXES .......................................................................................................................................... …..69

3.8 LEGA L REQUIREMENTS .................................................................................................................... 69

3.9 PROJECT STAFF ................................................................................................................................ 69

3.10 SCHEDULES REQUIRED OF CONTRACTOR ........................................................................................ 70

3. 11 DOCUMENTS AND SAMPLES AT PROJECT SITE ................................................................................ 72

3.12 SUBMITTALS ..................................................................................................................................... 72

3.13 TRADE NAMES, SUBSTITUTIONS ...................................................................................................... 74

3.14 DAILY REPORTS BY CONTRACTOR .................................................................................................... 75

3.15 CUTTING AND PATCHING ................................................................................................................ 75

3.16 ACCESS TO THE WORK ..................................................................................................................... 76

3.17 ROYALTIES AND PATENTS ................................................................................................................ 76

3.18 PERMITS AND LICENSES ................................................................................................................... 76

3.19 DIFFERING SITE CONDITIONS ........................................................................................................... 76 Item 4
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3.20 INSPECTIONS .................................................................................................................................... 77

3.21 STOP NOTICES .................................................................................................................................. 78

3.22 PARKING ........................................................................................................................................... 78

3.23 USE OF THE PROJECT SITE AND CLEAN UP ...................................................................................... 78

3.24 ENVIRONMENTAL CONTROLS .......................................................................................................... 79

3.25 TEMPORARY WATER, LIGHT AND POWER ....................................................................................... 84

3.26 CITY TRUCK ROUTE ORDINANCE ...................................................................................................... 85

3.27 UNFAIR BUSINESS PRACTICE CLAIMS .............................................................................................. 85

3.28 EXISTING UTILITIES ........................................................................................................................... 85 ARTICLE 4 – ADMINISTRATION OF THE CONTRACT………………………………………………………………………………………………85

4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND CONSTRUCTION MANAGER …………………………………………………........................................................85

4.2 CLAIMS………………………………………………………………………………………………………………………………………...87

4.3 RESOLUTION OF CONTRACT DISPUTES………………………………………………………………………………………….90 ARTICLE 5 – SUBCONTRACTORS…………………………………………………………………………………………………………………………...93

5.1 CONTRACTOR'S AWARD OF SUBCONTRACTS .................................................................................. .93

5.2 SUBCONTRACTOR RELATIONS ........................................................................................................... 93

5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS .............................................................................. 95

5.4 CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY………………………………………………………………..95 ARTICLE 6 – CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS……………………………………………………………...95

6.1 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS………………..95

6.2 MUTUAL RESPONSIBILITY .................................................................................................................. 95

6.3 CITY’S RIGHT TO CLEAN UP ................................................................................................................ 96 ARTICLE 7 – CHANGES……………………………………………………………………………………………………………………………………….96

7.1 CHANGES ........................................................................................................................................... 96

7.2 CHANGE ORDER REQUESTS AND CHANGE ORDERS .......................................................................... 97 7 .3 FIELD ORDERS .................................................................................................................................... 72

7.4 DISPUTES REGARDING CHANGES .................................................................................................... 72 ARTICLE 8 – CONTRACT TIME …………………………………………………………………………………………………………………………72

8.1 COMMENCEMENT OF THE WORK ................................................................................................... 72

8.2 PROGRESS AND COMPLETION ......................................................................................................... 72

8.3 CONSTRUCTION HOURS ................................................................................................................... 74

8.4 HOLIDAYS ....................................................................................................................................... 104

8.5 DELAY ............................................................................................................................................... 74 Item 4
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ARTICLE 9 – PAYMENTS AND COMPLETION……………………………………………………………………………………………………..106

9.1 SCHEDULE OF VALUES ..................................................................................................................... 76

9.2 PROGRESS PAYMENT ....................................................................................................................... 76

9.3 APPLICATION FOR PAYMENT ........................................................................................................... 77

9.4 CERTIFICATE FOR PAYMENT ............................................................................................................ 78

9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION & DEPOSIT OF RENTENTION INTO ESCROW ..... 109

9.6 BENEFICIAL OCCUPANCY ................................................................................................................. 80

9.7 SUBSTANTIAL COMPLETION ............................................................................................................ 81

9.8 FINAL COMPLETION AND FINAL RETENTION ................................................................................... 82 ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY………………………………………………………………………………83

10.1 SAFETY PRECAUTIONS AND PROGRAMS ......................................................................................... 83

10.2 SAFETY OF PERSONS AND PROPERTY .............................................................................................. 83

10.3 EMERGENCIES .................................................................................................................................. 85

10.4 TRENCH SAFETY ............................................................................................................................... 85 ARTICLE 11 – INSURANCE AND BONDS ……………………………………………………………………………………………………………85

11.1 CONTRACTOR'S INSURANCE ............................................................................................................ 85

11.2 BOND REQUIREMENTS .................................................................................................................... 87 ARTICLE 12 – DEFECTIVE WORK…………………………………………………………………………………………………………………………88

12.1 UNCOVERING OF WORK .................................................................................................................. 88

12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD .................................... 88

12.3 ACCEPTANCE OF DEFECTIVE WORK................................................................................................. 90 ARTICLE 13 – STATUTORY REQUIREMENT…………………………………………………………………………………………………………90

13.1 STATE LABOR LAW ........................................................................................................................... 90

13.2 WORKDAY ........................................................................................................................................ 90 ARTICLE 14 – JOB SITE NOTICES AND COMPLIANCE MONITORING ………………………………………………………………90

14.1 LAB OR PROVISIONS ....................................................................................................................... 1 20

ATTACHMENTS:

A: FIELD ORDER
B: CHANGE ORDER REQUEST
C: CONTRACT CHANGE ORDER
D. REQUEST FOR INFORMATION (for Utilities Department projects only; RFI form provided by City’s Project Manager if required)
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1.1 DEFINITIONS

Terms appearing in the Contract Documents with initial capitalization shall have the meanings set forth below:

1.1.1 ACCEPTANCE: The point after Final Completion when Contractor has fully performed all of the requirements of the Contract Documents and the Work is accepted by City in writing.

1.1.2 ADDENDA, ADDENDUM: Written or graphic information (including, without limitation, Drawings or Special Provisions and Technical Specifications) prepared and issued by City Engineer prior to the deadline for submissio n of Bids, which modify or interpret the Contract Documents by additions, deletions, clarifications or corrections

1.1.3 ALLOWABLE COSTS: Actual and direct costs for performing Extra Work, including labor, materials, supplies, and equipment, as further specified herein, in Article 7 – Changes.

1.1.4 ALLOWANCE: An amount included in the Bid for Work that may or may not be included in the Project, or for portions of Work where the amount or scope of the Work cannot be ascertained at the time of Bid submissions.

1.1.4 ALTERNATE(S): Those portions of the Bid setting forth the price(s) for optional or alternative items of Work not covered by the Base Bid.

1.1.5 APPLICABLE CODE REQUIREMENTS: All applicable federal, state and municipal laws, statutes, building codes, ordinances and regulations of governmental authorities having jurisdiction over the Project, Work, Site, Contractor or City.

1.1.6 APPLICATION FOR PAYMENT: An itemized application for payment prepared and submitted by Contractor for review and approval by City, which is prepared, submitted and accompanied by supporting documentation in accordance with the requirements of the Contract Documents.

1.1.7 APPROVE, APPROVED or APPROVAL: Whether capitalized or not capitali zed, shall mean, unless otherwise stated, either an express approval contained in a written statement signed by the approving authorized individual or deemed approved in accordance with the terms, conditions and procedures set forth in the Contract Documents. All such approvals by or on behalf of City (including, without limitation, approvals by Construction Manager) may be granted or withheld in the sole discretion of City.

1.1.8 AS- BUILT DOCUMENTS: The Contract Documents showing the condition of the W ork as actually built, including, without limitation, the locations of mechanical, electrical, plumbing, HVAC or similar portions of the Work that are shown diagrammatically in the Contract Documents approved by City.

These documents are maintained by Contractor on the Site and delivered, along with an electronic version of the set, to City upon Final Completion.

1.1.9 BASE BID: The sum stated in the Bid to perform the Work, exclusive of any Alternate(s).

1.1.10 BENEFICIAL OCCUPANCY: City's right, at its opt ion and convenience, to occupy or otherwise make use of all or any part of the Work prior to either Substantial Completion, Final Completion, or Acceptance.

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1.1.11 BID: A written bid proposal submitted to City for the Project in response to Ci ty’s Invitation for Bids.

1.1.12 BIDDER: An individual or entity that submits a Bid.

1.1.13 CERTIFICATE FOR PAYMENT: The form for approval by the Construction Manager of Contractor's Application for Payment.

1.1.14 CHANGE: Additions, deletions, or other modifications to the Work, which may or may not involve Extra Work and which may or may not involve an adjustment (increase or decrease) to the Contract Sum or the Contract Time under the terms of the Contract Documents.

1.1.15 CHANGE ORDER: A du ly authorized written instrument signed by City, or by City and Contractor, which operates to amend the scope of Work, and which may also amend the Contract Sum or the Contract Time.

1.1.16 CHANGE ORDER REQUEST: Contractor's written request for a Change Order.

1.1.17 CITY: City of Palo Alto, a California chartered Municipal Corporation.

1.1.18 CITY ENGINEER: City Engineer of City of Palo Alto or its designee.

1.1.19 CLAIM: A separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, which has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part.

1.1.20 CLIENT DEPARTMENT: Department or Division of City of Palo Alto identi fied as the end user of the facilities.

1.1.21 CONSTRUCTION CONTRACT or CONTRACT: The written contract executed between City and Contractor for construction of the Project.

1.1.22 COMPENSABLE DELAY: A Delay for which Contractor may be entitled under th e Contract Documents to both an extension of the Contract Time and an adjustment of the Contract Sum for additional compensation.

1.1.23 CONSTRUCTION MANAGER: The City designated employee, project manager or an individual, partnership, corporation, joint venture or other legal entity under contract with City to perform construction management services for the Project. The term "Construction Manager" means Construction Manager or Construction Manager's authorized representative.

1.1.24 CONSTRUCTION SC HEDULE: The Approved graphical representation of Contractor’s as - planned schedule for performance of the Work, and all Approved updates thereto, prepared in accordance with the requirements of the Contract Documents and that provides for Final Completion of the Work within the Contract Time.

1.1.25 CONTRACT DISPUTE: A dispute arising out of or related to the Construction Contract or the interpretation, enforcement or breach thereof, except as specified in Article 4 herein.

1.1.26 CONTRACT DISPUTE RESOLU TION PROCESS: The process of resolution of Contract Disputes, and, upon election of City, disputes as set forth in Article 4 of these General Conditions.

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1.1.27 CONTRACT DOCUMENTS: This term shall be as defined in Section 3 of the Construction Contract.

1.1.28 CONTRACT SUM: The total amount of compensation stated in the Constructio n Contract that is payable to Contractor for the performance of the Work in accordance with the Contract Documents, including adjustments made by Change Order.

1.1.29 CONTRACT TIME: The total number of days set forth in the Construction Contract within which Final Completion of the Work must be achieved by Contractor, including any adjustments of time (increases or decreases) made by Change Order.

1.1.30 CONTRACTOR: The individual or firm under contract with City to serve as the General Contractor for construction of the Project, including Contractor's authorized representative.

1.1.31 CONTRACTOR MARKUP: The markup that the Contractor or Subcontractor may make on Extra Work that it performs with its own forces. A fixed sum calculated as ten percent (10%) of applicable Allowable Costs incurred by Contractor or Subcontractor for performing Extra Work with it s own forces, which is deemed to be full compensation for Contractor’s or Subcontractor’s indirect costs associated with Extra Work, including, overhead, profit, and other indirect costs not included in the Allowable Costs.

Contractor Markup is separate from and does not include Subcontractor Markup as defined herein.

1.1.32 DAY: Whether capitalized or not, unless otherwise specifically provid ed, means calendar day, including weekends and legal holidays.

1.1.33 DEFECTIVE WORK: Work by Contractor that is unsatisfactory, faulty, omitted, incomplete, deficient or does not conform to the Applicable Code Requirements, the Contract Documents, the directives of City or the requirements of any inspection, reference standard, test, code or approval specified in the Contract Documents.

1.1.34 DELAY: Whether capitalized or not, includes any circumstances involving disruption, hindrance, or interference in the performance of the Work within the Contract Time.

1.1.35 DELETED WORK: Work that is eliminated due to a Change in the Work requested by City or Contractor for which City is entitled to a deductive adjustment in the Contract Sum.

1.1.36 DESIGN CONSULTANT: The individual(s) or firm(s) under contract with City to provide design or engineering services for the Project and responsible for preparing the Contract Documents for the Project. The term "Design Consultant" means Design Consultant or Design Consultant's authorized representative.

1.1.37 DRAWINGS: The graphic and pictorial portions of the Cont ract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, subparagraphs, details, schedules and diagrams. The Drawings are outlined in the Drawing Index. The term “Drawings” may be used interchangeably with "Plans."

1.1.38 ESCROW AGENT: A state or federally chartered bank in the State of California which holds securities pursuant to an escrow agreement as set forth in Section 9.5 of these General Conditions.

1.1.39 EXCUSABLE DELAY: A Delay for wh ich Contractor may be entitled under the Contract Documents to an extension of time, but not compensation.

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1.1.40 EXISTING IMPROVEMENTS: Al l improvements located on the Site as of the date of execution of the Construction Contract, whether above or below the surface of the ground, including but not limited to existing buildings, utilities, infrastructure improvements and other facilities.

1 .1.41 EXTRA WORK: Additional Work or costs due to a Change in the Work that is not described in or reasonably i nferable from the Contract Documents which may be the basis for an adjustment of the Contract Sum and/or the Contract Price under the terms of t he Contract Documents. Extra Work shall not include additional Work or costs arising from Contractor’s failure to perform any of its duties or obligations under the Contract Documents.

1.1.42 FIELD ORDER: A written instrument signed by the City or its Construction Manager that authorizes and directs performance of the Work described therein, and which may or may not include adjustments (increase or decrease) to the Contract Sum and/or Contract Time.

1.1.43 FINAL COMPLETION: Full completion of all Wo rk required by the Contract Documents, including all punch list items, and submission of Record Documents, all to City’s satisfaction.

1.1.44 FINAL PAYMENT: Final payment of the Contract Sum following Final Completion, including release of undisputed retention, less any amounts withheld or offset pursuant to the Contract Documents, including, but not limited to, liquidated damages, unreleased stop notices, amounts subject to setoff, and up to 150% of unresolved third -party claims for which Contractor is required to indemnify City, and up to 150% of any amounts in dispute as authorized by Public Contract Code Section 7107.

1.1.45 FRAGNET: A “Fragnet”, sometimes referred to as “time impact analysis,” is a contemporaneous, fragmentary scheduling networ k, which graphically identifies the sequencing of all critical and non -critical new activities and/or activity revisions affected by a Change Ord er or Delay, with logic ties to all affected existing activities noted on the Construction Schedule. Its objective is to isolate and quantify any time impact of a specific issue, determine and demonstrate any such specific Delay in relation to past and/or other current Delays and to provide a method for incorporating adjustments to the Contract Time into the Construction Schedule.

1.1.46 GENERAL CONDITIONS: That portion of the Contract Documents relating to the administrative procedures to be followed by Contractor in carrying out the Work.

1.1.47 HAZARDOUS SUBSTANCES: Refers to, without limitation, the follo wing: any chemical, material or other substance defined as or included within the definition of hazardous substances, hazardous materials, hazardous wastes, extremely hazardous substances, toxic substances, toxic material, restricted hazardous waste, special waste, universal wastes or words of similar import under any Environmental Law.

1.1.48 LOSSES: Any and all losses, costs, liabilities, Cla ims, damages, liquidated damages, actions, judgments, settlements, expenses, fines and penalties. "Losses" do not include attorneys' fees.

1.1.49 NOTICE OF AWARD: Written notice issued by City notifying Contractor of issuance of the Construction Contract.

1.1.50 NOTICE TO PROCEED: Written notice issued by City to Contractor to begin the Work. The Notice to Proceed may also specify the date for the Pre- Construction Meeting or the date(s) for specified pre-construction submittals.

1.1.51 PERFORMANCE BOND, PAYMENT BOND: The performance and payment bonds to be provided by Contractor for the Project.

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1.1.52 PLANS: The graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, subparagraphs, details, schedules and diagrams. The term “Plans” may be used interchangeably with "Drawings."

1.1.53 PRE-CONSTRUCTION MEETING: A meeting held with the Project Team prior to beginning construction in order to review Contract Documents and any required pre -construction submittals and clarify roles, responsibilities and authority of the Project Team.

1.1.54 PROJECT: The total construction, of which the Work performed by Contractor under the Contract Documents may be the whole or part and which may include Work performed by City’s own forces or by Separate Contractors.

1.1.55 PROJECT TEAM: Collectively, the Contractor, City, Design Consultant, Separate Contractors, Construction Manager and other consultants and contrac tors providing professional and technical consultation for the design and construction of the Project.

1.1.56 RECORD DOCUMENTS: The term “Record Documents” refers to the As -Built Documents, warranties, guarantees and other documents required to be submitted by Contractor as a condition of Final Completion.

1.1.57 REQUEST FOR INFORMATION: A written instrument, prepared by Contractor, which requests an interpretation or clarification in the Work or a response to a question concerning the Work. A Request for Information does not entitle Contractor to an adjustment in the Contract Sum unless it requires Extra Work and Contractor requests and is entitled to such an adjustment in accordance with the provisions of the Contract Documents.

1.1.58 REQUEST FOR INFORMATION RESPONSE: A written instrument, usually prepared by the Design Consultant, provided in response to a Request for Information, setting forth an interpretation or clarification in the Work or a response to a Contractor question concerning the Work.

1.1.59 SCHEDULE OF VALUES: A detailed, itemized breakdown of the Contract Sum, which provides for a fair and reasonable allocation of the dollar values to each of the various parts of the Work.

1.1.60 SEPARATE CONTRACTOR: A person or firm u nder separate contract with City or other entity performing other Work at the Site.

1.1.61 SITE: The physical site located within City where the Project is to be constructed, including all adjacent areas for staging, storage, parking and temporary offices.

1.1.62 SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS: The portions of the Contract Documents consisting of the written requirements for materials, equipment, standards, skill, quality for the Work and performance of related services. These provisio ns may also contain amendments, deletions or additions to the General Conditions.

1.1.63 STATEMENT OF CONTRACT DISPU TE: The Contractor’s written statement prepared in accordance with Article 4 of these General Conditions required as a condition of its initiating the Contract Dispute Resolution Process set forth in the Construction Contract.

1.1.64 SUBCONTRACTOR: A pe rson or firm that has a contract with a Contractor to perform a portion of the Work. The term "Subcontractor" includes suppliers and vendors and is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an autho rized representative of the Subcontractor. “Subcontractor” includes Subcontractors of any tier.

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1.1.65 SUBCONTRACTOR MARKUP: The markup the Contractor may make on Extra Work performed by a Subcontractor. A fixed sum calculated as fifteen percent (15%) of the Subcontractor’s Allowable Costs incurred by Subcontractor for performing Extra Work, which is deemed to be full compensation for Contractor’s indirect costs for having the Extra Work performed by the Subcontractor, including, overhead, profit, and other indirect costs not included in Allowable Costs. Subcontractor Markup is made on the Subcontractor’s incurred Allowable Costs only, which is separate from and does not include Contractor Markup, as defined herein, made by the Subcontractor.

1.1.66 SUBMITTALS: All shop drawings, samples, exemplars, product data and other submittals required to be submitted by Contractor under the Contract Documents.

1.1.67 SUBSTANTIAL COMPLETION, SUBSTANTIALLY COMPLETE: As determined by City, the point at which the Work is sufficiently complete to be occupied and utilized by City for its intended purpose, and Contractor has fulfilled its obligations under the Contract Documents, except for minor punch list items which do not impair City's ability to so occupy and utilize the Project.

1.1.68 SUPERINTENDENT: The person appointed by Contractor, subject to approval by City, to supervise and coordinate Contractor's own forces and Subcontractors in all aspects of the Work.

1.1.69 UNEXCUSED DELAY: Any Delay in the pa th of activities that is critical to Final Completion of the Work within the Contract Time and which Delay is not attributable to the City. An Unexcused Delay shall not entitle Contractor to either an extension of the Contract Time or an adjustment of the Contract Sum. To the extent an Unexcused Delay is concurrent with an Excused Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay.

1.1.70 WEATHER DELAY DAY: A day for which Work is scheduled as allowed by Sections 8.3 and

8.4, bel ow, during which Contractor and its forces, including Subcontractors, are unable to safely or effectively perform at least four hours of scheduled critical path Work based on actual (not forecast) weather or weather-related conditions that day during norma l construction hours, as specified in Section

8.3. .

1.1.71 WORK: All labor, materials, equipment, services, permits, fees, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any changes or additions requested by City, in accordance with the Contract Documents and all Applicable Code Requirements.

1.1.72 WORKING DAY: As applied to a Project awarded on the basis of completion within a specified number of working days, and only if specified in Section 5 of the IFB Summary and Section 6.3 of the Construction Contract, a working day, whether or not capitalized, means a day during which the Work may be performed under the terms of the Contract Documents, including, but not limited to the provisions of Sections 8.3 and 8.4, below, but excluding Weather Delay Days.

1.2 OWNERSHIP AND USE OF DOCUMENTS

1.2.1 All originals, copies and electronic forms of Plans and Drawings, Technical Specifications, (including, without limitation, the Contract Documents) shall not be used by Contractor, or any Subcontractor, for any purpose other than performance of the Work. Contractor and Subcontractors are granted a limited license, revocable at will by City, to use and reproduce applicable portions of the Contract Documents appropriate to and for performing the Work under the Contract Documents; provided however, that such use shall not reduce Owner’s rights to use and ownership of the documents.

1.2.2 Contractor shall keep on the Site of the Project, at all times, a complete set of City approved, permitted Contract Documents for use by City.

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1.2.3 Proposed Changes or refinements and clarifications will be provided to Contrac tor in the form of reproducible prints. Contractor shall, at its own expense and without adjustment to the Contract Sum, reproduce and distribute such prints as are necessary for the complete pricing of the Change and for performance of the Work.

1.2.4 C ontractor shall include a provision in all contracts with Subcontractors who perform Work on the Project, protecting and preserving City’s rights to ownership and use of documents as set forth in this Section 1.2.

1.3 INTERPRETATION OF CONTRACT DOCUMENTS

1.3.1 The Contract Documents are complementary and what is required by one sha ll be as binding as if required by all.

1.3.2 In general, the Drawings will show dimensions, positions, and type of c onstruction to be completed; and the Special Provisions and Technical Specifications will define materials, quality and standards. Any Work called for on the Drawings and not mentioned in the Special Provisions and Technical Specifications, or vice versa, shall be performed as though fully set forth in both. Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified.

1.3.3 Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood construction industry meanings and non-technical words and abbreviations are used in accordance with their commonly understood meanings.

1.3.4 The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an." If a modifier or an article is not included in one statement and appears in another it is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters whether or not non -limiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement.

1.3.5 Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include the other gender, and each shall include corporation, partnership, trust, or other legal entity whenever the context so requires. The captions and headings of the various subdivisions of the Contract Document s are intended only as a matter of reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof.

1.3.6 Any cross -references indicated between various subparagraphs or Drawings and Documents are provided for the Contractor’s convenience and shall not be all -inclusive.

1.3.7 Unless specifically noted to the contrary, all Work, equipment, casework, mechanical, electrical and similar devices of whatever nature in the Contract Documents shall be completely installed, hooked-up, made operational and made functional for the purpose such are intended, and all costs therefore are included in the Contract Sum.

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1.3.8 Figured dimensions on scale Drawings and on full size Drawings shall govern over scale Drawings without figured dimensions. The Drawings shall not be scaled to determine dimensions, and (except in the case of diagrammatic Drawings) shall be calculated from figures shown on the Drawings.

Obvious discrepancies between scale and figured dimensions, unless marked "not to scale," must be brought to the Construction Manager's attention before proc eeding with the Work affected by the discrepancy.

1.3.9 If there is a conflict between any of the Contract Documents, Contractor sha ll immediately bring such conflict to the attention of City, whose decisions regarding such conflict shall be final and binding as to the requirements of the Contract Documents. In the event of any conflicts between or among the Applicable Code Requirements, the more stringent shall govern. In the event a conflict between any of the Contract Documents is not resolved by the order of precedence established in the Contract Documents, the highest standard of quality and skill, the most stringent requirements, and the most specific provision of the Contract Documents shall govern and shall be required in the performance of the Work.

1.3.10 The general character of the Work is shown in the Contract Documents, but Changes, modifications, clarifications and refinements may be made in detail when needed to more fully explain the Work. Provided that they are a logical evolution of the Contract Documents that were bid by Contractor or were reasonably inferable as necessary to provide a completed and fully operational system, facility or structure, the same shall be considered part of the scope of the Work to be performed without adjustment in the Contract Sum or the Contract Time.

1.3.11 Where on any Drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn-out parts shall apply also to all other like portions of the Work.

1.3.12 Contractor will provide all necessary labor, equipment, transportation and incidentals required to complete the Work, even if the Contract Documents do not describe the Work in complete detail.

1.3.13 Drawings and diagrams for mechanical, plumbing and electrical Work shall be considered as diagrammatic only and shall not to be used for any structural guidance or physical layout, unless specifically detailed or dimensioned, and Contractor shall be responsible to provide any and all numbers and lengths of mechanical, plumbing or electrical fittings, wire, conduit, connections, attachments or similar materials needed to complete the Work, at no adju stment to the Contract Sum or Contract Time, whether or not they exceed the numbers of such pieces or the lengths indicated by the Drawings.

1.3.14 City, in its sole discretion, will interpret the Contract Documents and make the determination of whether or not Contractor has fulfilled the requirements of the Contract Documents. Such interpretations and decisions of City shall be final and binding upon Contractor.

ARTICLE 2 –C
ITY’S RIGHTS AND OBLIGATIONS

2.1 INFORMATION AND SERVICES PROVIDED BY CITY

2.1.1 Except as otherwise provided in the Special Provisions and Technical Specifications, Contractor shall obtain and pay for any permits, easements and governmental approvals, including City building and related permits, for the use or occupancy of permanent structures required in connection with the Work.

2.1.2 If Contractor becomes aware of any ambiguity, uncer tainty, conflict, inconsistency, discrepancy, omission, or error in or among the Contract Documents, Contractor must promptly submit a Item 4
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Request for Information (“RFI”) requesting clarification, interpretation, or direction. A Contractor RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.

2.1.3 A Request for Information Response providing clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s Request for Information Response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI is not Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Sum or Contract Time, Contractor must perform the Work as directed, but may submit a tim ely Change Order request in accordance with the Contract Documents.

2.1.4 Unless otherwise specified in the Contract Documents, including the Notice to Proceed, Contractor must submit all required pre-construction submittals to City for review and acceptance no later than ten days following the Execution Date set forth in the first paragraph of the Construction Contract.

City will schedule a ma ndatory Pre -Construction Meeting, which is a condition precedent to commencement of on the Project. Contractor’s primary representative and Superintendent must attend the Pre-Construction Meeting. Additional supervisory personnel and representatives of key Subcontractors may also attend the Pre-Construction Meeting, which is intended to address matters including the scope of Work, sequencing, and Project requirements. Contractor is solely responsible for any delay to Project commencement due to Contractor’s failure to timely or properly submit any required pre -construction submittals as specified in the Contract Documents, including the Notice to Proceed.

2.2 ACCESS TO PROJECT SITE

City will make available, no la ter than the commencement date designated in the current construction Schedule accepted by City, the lands and facilities upon which the Work is to be performed, including such access and other lands and facilities designated in the Contract Documents, for use by Contractor.

2.3 CITY'S RIGHT TO STOP THE WORK

If Contractor fails to correct Defective Work as required by Section 12.2 of these General Conditions, fails to perform the Work in accordance with th e Contract Documents, or violates any Applicable Code Requirement, City may, without terminating the Contract , direct Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated by Contractor. Contractor shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order. City shall have no duty or responsibility to Contractor or any other party to exercise the right to stop the Work.

2.4 CITY’S RIGHT TO CARRY OUT THE WORK

If Contractor fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools and services to maintain the Construction Schedule, or otherwise fails to comply with any requirement of the Contract Documents, and fails within the time specified in the Contract Documents, after receipt of notice from City to promptly commence and thereafter diligently continue to completion the correction of such failure, City may, without prejudice to other remedies City may have and without terminating the Contract, correct such failure at Contractor's expense.

In such case, City shall be entitled to deduct from payments then or thereafter due Contractor the cost of correcting such failure, including compensation for the additional services and expenses of City and City's consultants made necessary thereby. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the additional amount to City.

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2.5 ACCESS TO MUNICIPAL SERVICE CENTER

For all Projects which require Contractor access to City’s Municipal Service Center (MSC), all Contractors shall provide and all Contractor’s personnel shall at all times display, in the form of badges, identificatio n which shall include the Contractor’s name, the employee’s name, City’s Project Managers name and telephone number, and the name and number of the Project being performed. Badge identification information shall correspond with information contained in the bearer’s driver license or with other City approved identification. Any discrepancies, or failure of Contractor’s personnel to display proper identification, will in result their removal from the Project, or in refusal of access to the MSC.

2.6 EMERGENCY TERMINATION OF CONTRACT

The Construction Contract is subject to termination as provided by Section 4410 and Section 4411 of the Government Code of the State of California, being portions of the Emergency Termination of Public Contract Act of 1949. In the event that the Construction Contract is terminated pursuant to said section, compensation to the Contractor shall be determined on the basis of the reasonable value of the Work done, including preparatory work. As an exception of the foregoing, in the case of any fully completed separate item or portion of the work for which there is a separate unit or contract price, the unit or contract price shall control.

ARTICLE 3 – C
ONTRACTOR’S RIGHTS AND OBLIGATIONS

3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS

3.1.1 Contractor warrants that it is satisfied as to character, quality, and quantities of surface and subsurface materials or obstacles to be encountered insofar as reasonably ascertainable from a careful inspection of the Site (including, without limitation, Existing Improvements o n the Site) and from the geological investigation reports, data and similar information, if any, made available to Contractor by City.

Any failure by Contractor to take such information or conditions into consideration will not relieve Contractor from resp onsibility for estimating the difficulty and cost of successfully completing the Work within the Contract Sum and Contract Time.

3.1.2 Contractor warrants and rep resents that it has carefully reviewed the Bid and Contract Documents prior to submitting its Bid and executing the Contract. The Contractor shall not be entitled, and conclusively waives any right, to an adjustment in the Contract Sum or Contract Time for any additional or unforeseen costs or Delay in the performance of Work due to conditions in Contract Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements, if such conditions were either discovered by Contractor or could have been reasonably discovered by Contrac tor or its Subcontractors in the exercise of care and diligence in the review of the Contract Documents, subject to the limitations of Public Contract Code Section 1104.

3.1.3 If Contractor discovers what it perceives to be errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements in the Contract Documents, then Contractor shall, within two (2) days of discovery, notify City or the Construction Manager in writing stating both of the following:

( i) A detailed description of the conditions discovered.

(ii) Contractor’s request for clarification, further details or correction of the Contract Documents.

Failure by Contractor to provide written notice within the period of time required shall result in Contractor waiving any right to adjustment in the Contract Sum or Contract Time on account thereof.

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3.1.4 If Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time for Extra Work based upon additional written or verbal instructions, information, or direction from City, Design Consultant, or Construction Manager, it may submit a Change Order Request pursuant to Article 7 of the General Conditions within ten (10) days of receipt of such instructions, information, or direction.

3.1.5 The Contractor shall take field measurements of the existing field conditions verified.

Contractor shall carefully compare the field conditions with the Contract Documents and other information known to Contractor before commencing the Work. Contractor shall promptly report in writing to the Construction Manager any errors, inconsistencies, or omissions the Contractor discovers.

3.1.6 If Contractor performs any portion of the Work which it knows, or in the exercise of care and diligence should have known, involves an error, omission, conflict, ambiguity, lack of coordination or noncompliance with Applicable Code Requirements, without notifying a nd obtaining the written Approval of City or before obtaining a written clarification, interpretation, instruction or decision from Construction Manager, then any Work that is performed that is not in conformance with the clarifications, interpretation, instruction or decision of City, Design Consultant or Construction Manager shall be removed or replaced and Contractor shall be responsible for the resultant Losses with no adjustment in the Contract Sum or Contract Time.

3.1.7 Existing Improvements at the S ite, for which no specific description is made on the Drawings, but which could be reasonably assumed to interfere with the satisfactory completion of the Work, shall be removed and disposed of by Contractor, but only upon the specific direction and contro l of City. Without limitation to the foregoing, and notwithstanding any information provided by City pertaining to groundwater elevations and/or geological and soils conditions encountered, it is understood that it is Contractor’s responsibility to determine and allow for the elevation of groundwater, and the geological and soils conditions at the date of performance of the Work.

3.2 SUPERVISION AND CONSTRUCTION PROCEDURES

3.2.1 Contractor sh all supervise, coordinate and direct the Work using Contractor's best skill and attention and shall provide supervision sufficient to assure proper coordination and timely completion of the Work. Contractor shall be solely responsible for and have control over construction means, methods, techniques, safety, sequences, procedures and the coordination of all portions of the Work.

3.2.2 Contractor shall be responsible for the accurate layout of all portions of the Work and shall verify all dimensions on th e Drawings and shall report to City any discrepancies before proceeding with related Work.

3.2.3 Contractor may be assigned working space adjacent to the Site, and all field offices, materials and equipment shall be kept within this area. Contractor shall be responsible for leaving the space in as good condition as Contractor found it, or restoring it to the condition it was in prior to Contractor commencing the Work.

3.2.4 Contractor shall be responsible to City for acts and omissions of Contractor's agen ts, employees, and of Contractor’s Subcontractors, and their respective agents and employees. Unless otherwise stated in or a contrary intention is reasonably inferable from the Contract Documents, references to Contractor, when used in reference to an obl igation bearing upon performance of the Work, shall be deemed to include Contractor’s Subcontractors.

3.2.5 Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents by the act(s) or omission(s) by C ity in the administration of the Contract, or by tests, inspections or Approvals required or performed by persons or firms other than Contractor.

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3.3 RESPONSIBILITY FOR THE WORK

3.3.1 Contractor shall be in charge of and responsible for all portions of the Work of the Contract, and shall be responsible for conforming such portions to the requirements of the Contract Documents and readying such portions to receive subsequent Work.

3.3.2 Contractor shall at all times maintain good discipline and order among its employees and Subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work, and shall ensure that each Subcontractor and Sub- subcontractor engaged on the Site arranges the storage of materials and equipment and performance of its Work so as to interfere as little as possible with Separate Contractors or other persons engaged in work for City on the Site.

3.3.3 During the installation of Work, Contractor shall insure that existing facilities, fences, and other structures are all adequately protected. Upon Final Completion of all Work, all facilities that may have been damaged shall be restored to a condition acceptable to City.

3.3.4 Contractor is responsible for the security of the Site and all Work provided under the terms of this Contract, as well as all Work provided by Separate Contractors that occurs on the Site at any time prior to Final Completion and Acceptance of the Work by City.

3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS

Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, h eat, utilities, trans portation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents or otherwise Approved by the Construction Manager, all articles, equipment and materials incorporated in the Work shall be new, of good quality, undamaged and not defective.

3.5 CONTRACTOR'S WARRANTY

3.5.1 In addition to the guarantee to repair referenced in Article 12 and any specific warranty mentioned in the Project specifications, Contractor warrants to City that all materials and equipment used in or incorporated into the Work will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work will be of good quality and free from defects; and that the Work will conform with the requirements of t he Contract Documents and Applicable Code Requirements. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Work and not specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions.

3.5.2 All materials to be incorporated in the Work shall be protected from damage during delivery, storage, and handling , and after installat ion until Acceptance of the Work, and Contractor shall, without charge to City, be responsible for all damage to the materials or the Work due to Contractor's failure to provide such proper protection.

3.6 CONSTRUCTION METHODS AND PROCEDURES

3.6.1 The methods and procedures adopted by Contractor shall be such as to secure a quality of Work satisfactory to City and to enable completion of the Work in the time agreed upon. If at any time such methods and procedures appear inadequate, City may order Contractor to improve the character or increase efficiency, and Contractor shall conform to such order; but the failure of City to order such Item 4
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improvement of methods or increase of efficiency will not relieve Contractor from its obligation to perform the Work in accordance with the Contract Documents or within the Contract Time.

3.6.2 If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, Contractor shall be fully and solely responsible for the Site safety for implementing such means, methods, techniques, sequences or procedures. If Contractor determines that such means, methods, techniques, sequences or procedure s may not be safe, Co ntractor shall give written notice to City and shall not proceed with that portion of the Work without further written instruction by City.

3.7 TAXES

3.7.1 Contractor and Subcontractors are responsible for paying all sales, con sumer, business license, use, income and payroll, and similar taxes for the Work or portions thereof provided by Contractor and Subcontractors.

3.7.2 All Contractors and Subcontractors for Construction Contracts equal to or greater than $5 million dollars shall be required to obtain a sub permit with the California Board of Equalization for a direct allocation of any and all applicable use tax to the City of Palo Alto, where the jobsite is located. Contractor and applicable Subcontractors shall apply for and comply with all of the conditions of the sub permit pursuant to Section 260.020 of the California State Board of Equalization, Chapter 2, “Compliance Policy and Procedures Manual: Registration, subchapter Contractors,” as may be amended from time to time.

3.8 LEGAL REQUIREMENTS

3.8.1 Contractor shall perform the Work in accordance with all Applicable Code Requirements, even though such requirements are not specifically referenced in the Contract Documents.

3.8.2 When the Work required by the Contract Documents is in conflict with any Applicable Code Requirement, Contractor shall notify Construction Manager and shall not proceed with the Work until Construction Manager provides direction to the Contractor.

3.9 PROJECT STAFF

3.9.1 Contractor shall employ a complete and competent project staff for the duration of the Work, which shall include separate individuals designated to act as Superintendent, project ma nager, project engineer(s) and administrative assistant(s), plus such other persons necessary to diligently prosecute the Work. Contractor shall not replace the designated Superintendent or project manager without a minimum seven (7) Day written notice. Any Project staff member and any replacement member shall be subject to the approval of City, which may be granted or withheld in its sole discretion. Upon notice from City requesting replacement of any Project staff member who is unsatisfactory to City, Contractor shall in a timely manner, but in no event longer than three (3) Days after notification, replace such member with a competent member satisfactory to City. Failure by Contractor to comply with the provisions of this Paragraph shall entitle City, at its option exercised in its sole discretion, to terminate the Contract or suspend the Work until Contractor complies with this Paragraph. All costs or damages associated with such termination or suspension shall be borne by Contractor, without adjustment in the Contract Sum or Contract Time.

3.9.2 The Superintendent shall be at the Site at all times during the performance of the Work.

The Superintendent shall represent Contractor and communications given to and acknowledged by the Superintendent shall be binding on Contractor. Further, communications issued by or received from the Superintendent shall be deemed as binding on Contractor. The Superintendent must be able to read, write and communicate fluently in English.

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3.10 SCHEDULES REQUIRED OF CONTRACTOR

Unless otherwise specified in the Contract Documents, including the Notice to Proceed, Contractor shall submit a preliminary Construction Schedule to City in a form approved by the Construction Manager at the Pre-Construction Meeting.

3.10.2 Updated Construction Schedules shall be submitted in the form and frequency required by the Construction Manager.

3.10.3 The Construction Schedule and Construction Schedule updates shall meet the following requirements:

.1 Schedules must be suitable in format and clarity for monitoring progress of the Work and shall utilize the critical path method of scheduling.

.2 Schedules must provide necessary data about the timing for City's decisions and City-furnished items.

.3 Schedules must be in sufficient detail to demonstrate adequate planning and staffing for the Work.

.4 Schedules must represent a practical plan to complete the Work within the Contract Time, which includes factoring time for reasonably foreseeable Weather Delay Days. Based on historic rainfall records for the City , the Contractor’s schedule should assume the following number of Weather Delay Days for each month: *

Month # Normal Weather
Delay Days
January 7
February 7
March 6
April 3
May 2
June 0
July 0
August 0
September 0
October 2
November 4
December 7

*Weather Delay Days which do not occur during a given month based on the number of days allocated for that month (above) do not carry over to another month.

.5 If at any time during the Work, any activity is not completed by its latest scheduled completion date, Contractor shall notify the Construction Manager within five (5) Days of Contractor's plans to reorganize the work force to return to the schedule and pr event Delays on any other activity.

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.6 An updated Construction Schedule shall be submitted with each progress payment request, but no less frequently than monthly, and shall include all of the following:

(i) A written narrative report detailing the actual progress of the Work as of the date of submission;

(ii) The expected progress of the Work as of such date according to the approved Construction Schedule;

(iii) The reasons for any variance between the approved Construction Schedule and the updated Construction Schedule; and

(iv) If required, Contractor’s plan for placing the Work back on Schedule, at Contractor’s expense.

Failure to timely comply with the above requirements may be grounds f or rejection of a request for extension of time.

3.10.4 Contractor shall plan, develop, supervise, control and coordinate the performance of the Work so the progress, sequence and timing of the Work conform to the current accepted Construction Schedule. Contractor shall continuously obtain from Subcontractors information and data about the planning for and progress of the Work, the ordering and fabrication of materials, required Submittals, and the delivery of equipment, shall coordinate and integrate such information and data in update d Construction Schedules and Record Documents, and shall monitor the progress of the Work and the delivery of equipment. Contractor shall act as the expediter of potential and actual delays, interruptions, hindrances or disruptions for its own forces and those forces of Subcontractors, regardless of tier. Contractor shall cooperate with City in the development of the Construction Schedule and updated Construction Schedules.

3.10.5 City's review, comments, requests for revisions, or acceptance of any sch edule or scheduling data shall not:

(i) Relieve Contractor from its sole responsibility for the feasibility of the schedule and to plan for, perform, and complete the Work within the Contract Time;

(ii) Transfer responsibility for any schedule from Contractor to City; nor

(iii) Imply City’s agreement with any assumption upon which such schedule is based or any matter underlying or contained in such schedule.

3.10.6 Failure of City to discover errors or omissions in Construction Schedules that it has reviewed or Approved, or to inform Contractor that Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Construction Schedule, shall not relieve Contractor from its sole responsibilit y to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum.

3.10.7 Contractor shall cooperate with and coordinate its Construction Schedule with work of City and City’s Separate Contractors.

3.10.8 Adverse conditions contributing to a Weather Delay Day may include rain, saturated soil, and site clean -up required due to adverse weather. Determination of what constitutes critical pat h Work scheduled for that day will be based on the most current, City- approved schedule. Contractor must take reasonable steps to anticipate and mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Project site.

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3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE

3.11.1 Contractor shall maintain one (1) set of As -Built Documents at the Site, which shall be kept up to date on a daily basis during the pe rformance of the Work. All performed changes, deletions or additions in the Work from that shown in the Contract Documents shall be recorded accurately and completely in the Record Documents. Upon Final Completion and as a condition to Final Payment, each sheet of the As -Built Documents and other Record Documents shall be signed and attested to by the Contractor’s Superintendent as being complete and accurate.

3.11.2 Contractor shall, at all times during performance of the Work, also maintain the following at the Site:

(i) The latest updated Construction Schedule approved by City;

(ii) Shop Drawings, product data, and samples; and

(iii) All other required Submittals.

At all times during the course of the Project, these documents shall be availabl e to City, the Construction Manager and the Design Consultant to audit, excerpt, or copy as they see fit. Upon Final Completion or termination of the Construction Contract, these documents shall be delivered to City in the format requested by the City.

3.11.3 It shall be the responsibility of Contractor to maintain a current and complete record of all Changes performed during the progress of the Project construction. The record shall be in the form of a complete set of prints of the As -Built Documents on which daily recordings are made by Contractor, indicating in detail and dimension each variation from the original set of Contract Documents for all of the Work. At the completion of construction, Contractor shall, as a requirement of the Final Completion of the Work, certify that to the best of its knowledge, the As-Built Documents are true and accurate, and that the indications thereon represent all Changes performed during the construction of the Project. At Final Completion, the As-Built and other Record Documents shall become the property of City.

3.11.4 Contractor, in concert with the Design Consultant and the Construction Manager, shall review Contractor's As -Built Documents for conformance with all current Changes prior to presenting its monthly Application For Payment. The monthl y progress payment statement will not be accepted or processed by City unless the As-Built Documents are current and complete, and Approved by City.

3.11.5 At Final Completion, the Contractor shall provide the fully As-Built Documents to the City.

These As-Built Documents will become the permanent property of City at Final Completion. If the As -Built Documents are prepared on a computer, then the revised computer files shall also be provided to City in the file format specified by City.

3.12 SUBMITTALS

3.12.1 Submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which Submittals are required, how Contractor proposes to conform t o the information given and the design concept expressed in the Contract Documents. Prior to starting Work or as otherwise specified in the Contract Documents, including the Notice to Proceed, Contractor shall provide to City an initial schedule for submission of the Submittals for which shop drawings are required by the Contract Documents. For each required shop drawing, Contractor shall provide to City the date for the drawing's intended Submittal to the Design Consultant for review. The date required for its return to avoid Delay in any activity beyond the scheduled start date shall also be given. Contractor is solely responsible for Item 4
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any delay to Project commencement or to Final Completion resulting from Contractor’s failure to timely provide required Submittals as specified.

3.12.2 All shop drawings and other Submittals shall be provided at Contractor's expense, and at the time required by the Contract Documents or requested by the Construction Manager.

3.12.3 Contractor shall review, approve, and submit to the Construction Manager, all Submittals required by the Contract Documents to be submitted and reviewed by the Design Consultant. Submittals to the Construction Manager without evidence thereon of Contractor’s approval shall be returned, without review, for resubmission in accordanc e with these requirements. Submittals shall be provided within the time frame specified in the Special Provisions and Technical Specifications in accordance with the Construction Schedule, and in such sequence as to cause no Delay in the Work or in the activities of City or of Separate Contractors. Submittals made by Contractor which are not required by the Contract Documents, may be returned without action by the Construction Manager or Design Consultant. Submittal to the Construction Manager and Design Consultant must include a statement, in writing, identifying any deviations from the Contract Documents required due to manufacturing or installation limitations contained in the Submittal.

3.12.4 Unless otherwise sp ecified, and excluding samples, a ll Sub mittals shall be submitted electronically, accompanied by letters of transmittal, and addressed to the Construction Manager for review. Unless otherwise specified in the Contract Documents, Submittals consisting of Drawings or Plans shall be submitted in PDF form via email to the Construction Manager at. The Submittal must be prepared and submitted in accordance with all applicable provisions in the Contract Documents. If the Submittal involves a request for substitution of materials, the request shall be clearly identified on the Submittal that it is a "Request for Substitution." Unless so clearly marked, Submittals shall not be considered as a request for substitution. The Construction Manager shall return to Contr actor three (3) marked -up prints.

Submittals shall include all relevant catalog sheets, material lists, manufacturer’s brochures, technical bulletins, specifications, diagrams, or product samples, necessary to describe a system, product, or item.

The letter of transmittal shall include a list of the accompanying documents and the numbers of the sheets submitted. All sheets shall be marked with the name of the Project and the name of Contractor, shall be numbered consecutively, and shall be referenced to the sheets or paragraphs of the Contrac t Documents, referenced by sheet or subparagraph affected. Submittals shall be combined for singular assemblies, items or materials.

3.12.5 No Work requiring a Submittal shall be performed by Contractor until the Submittal has been reviewed and approved by City, Construction Manager or Design Consultant, as appropriate, and the Design Consultant has documented the exceptions noted on the Submittal. Contractor shall allow twenty (20) Days for review of timely and complete Submittals. Once the Submittal is returned to Contractor by the Construction Manager with a statement that it has been reviewed and no exceptions are taken or further action requested, such Work shall be performed in accordance with the Submittal and the Contract Documents.

3.12.6 Contractor's Submittals represent that Contractor has determined or verified materials and field measurements and conditions related thereto and that it has checked and coordinated the information contained within such Submittals with the requirements of the Contract Documents and Submittals for related Work.

3.12.7 If Contractor discovers any conflicts, omissions or errors in Submittals, Contractor shall notify the Construction Manager and receive instruction before proceeding with the affected Work.

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3.12.8 Contractor shall remain solely responsible, notwithstanding City, Construction Manager or Design Consultant’s review or approval of Submittals, for deviations (including, without limitation, those arising from standard shop practice) from the Contract Documents, unless Contractor has specifically informed City, Construction Manager or Design Consultant in writing of such deviation at the time of transmitting the Submittal and City, Construction Manager or Design Consultant has given written approval of such deviation. No adjustment in the Contract Sum or Contract Time shall be permitted with respect to any such deviations that are noted in writing by Contractor and as to which City, Construction Manager or Design Consultant takes no exception or approves.

3.12.9 After review of Contractor's Submittals by City, Construction Manager or Design Consultant, as appropriate, the Construction Manager will transmit to Contractor one set of Submittals. If the Submittals are found to be incomplete or incorrect, Contractor shall resubmit after corrective action has been taken. Contractor shall reimburse City, or City may withhold from payments due Contractor, sums owing by City for any fees charged by City, Construction Manager or Design Consultant or City’s other consultants for more than two (2) reviews of a Submittal, or for accelerated review in a shorter time than set forth in the approved Construction Schedule, if requested by Contractor or caused by late Submittals by Contractor. The return of a Submittal due to failure to comply with the Contract Documents or for correction or additional information shall be considered a review.

3.12.10 Review of Submittals by City, Construction Manager or Design Consultant will be general and for conformance with design intent and shall not relieve Contractor from the responsibility for proper fitting and construction of the Work, nor from furnished materials and Work required by the Contract which may not be indicated on the reviewed Submittals.

3.12.11 Submittals shall be in English, be of good quality, and be of a size and scale to clearly show all necessary details. Submittals shall show in detail the size, sections and dimensions of all members; the arrangement and constr uction of all connections, joints and other pertinent details; and all holes, straps and other fittings required by other Separate Contractors for attaching their Work. When required by City, Construction Manager or Design Consultant, engineering computations shall be submitted. Contractor shall be responsible for delivering duplicates of Submittals to all other persons whose Work is dependent thereon.

3.12.12 Contractor shall, at all times, maintain at the Site a complete file of all City, Constructio n Manager or Design Consultant-reviewed Submittals.

3.13 TRADE NAMES, SUBSTITUTIONS

3.13.1 Any request for substitution of “or equal” items by the Contractor shall be made within 35 days of award of the contract, unless otherwise specified in thes e Contract Documents, and shall be governed by Public Contract Code Section 3400.

3.13.2 If City accepts for use in the Project a substitute material or process which in the opinion of City, Construction Manager or Design Consultant is not the equal of that specified, a Change Order shall be issued issuing a credit to City for the difference in value.

3.13.3 Substitutions by Contractor that are incorporated into the Work without the prior review and Approval by City, Construction Manager or Design Con sultant in accordance with the requirements of the Contract Documents shall be deemed to be Defective Work.

3.13.4 The specified Construction Contract completion time shall not be affected by any circumstance developing from the substitution provisions of this Section.

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3.14 DAILY REPORTS BY CONTRACTOR

3.14.1 At the end of each working day, Contractor shall submit a daily report to the Construction Manager (on a form provided by or accepted by the Construction Manager) listing:

(i) Labor - Names of workers, classification, hourly rates and hours worked.

(ii) Material - Description and list of quantities of materials used.

(iii) Equipment - Type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable.

(iv) Inspection and Testing Activities - Name, City or company and items involved.

(v) Areas of Work - The areas of the Site on which Work was performed and a detailed description of the stage, status and progress of the Work in each such area at the beginning and end of the day.

(vi) Accidents, Delays, Defective Work - Description in detail of any injuries to workers, accidents, Delays, or Defective Work that were encountered.

(vii) Other Services and Expenditures - Description in such detail as City may require of other services and expenditures.

3.14.2 Reports by Subcontractors that comply wit h the requirements of this Section 3.14 shall also be submitted to the Construction Manager through Contractor at the end of each working day

3.14.3 Submission of daily reports by Contractor and Subcontractors performing Work on the Site shall be a condition precedent to Contractor's right to payment under the Contract.

3.14.4 Facts, notice or information contained in daily reports of Contractor or its Subcontractors, whether known or not known to City or Construction Manager, shall under no circumstances be considered evidence of compliance by Contractor with any of the specific written notice requirements of the Contract Documents.

3.15 CUTTING AND PATCHING

3.15.1 Contractor shall do all cutting, fitting, or patching of the Work required to make all parts of the Work join properly and to allow the Work to join the work of Separate Contractors shown in, or reasonably implied by, the Contract Documents.

3.15.2 Contractor shall not endanger the Work, the Project, Existing Improvements, or adjacent property by cutting, digging, or otherwise. Contractor shall not cut or alter the work of any Separate Contractor without the prior written consent of City.

3.15.3 In all cases, cutting shall be perfo rmed under the supervision of competent workers skilled in the applicable trade and shall cause the openings to be cut as small as possible to minimize unnecessary damage.

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3.16 ACCESS TO THE WORK

3.16.1 City, Construction Manager, Design Consultant, their consultants and other persons authorized by City shall at all times have access to the Work wherever it is in preparation or progress.

Contractor shall provide safe and proper facilities for such access and for inspection.

3.16.2 City may, at any time, and from time to time during the per formance of the Work, enter the Project for the purpose of installing any necessary other work by City labor or other contracts or for any other purpose. Contractor shall cooperate with City and not interfere with other work being done by or on behalf of City.

3.17 ROYALTIES AND PATENTS

Contractor shall pay all royalties and license fees required for the performance of the Work. Contractor shall immediately notify City if it learns of any circumstances that may constitute an infringement of patent rights and shall defend and indemnify City and the members of the Project Team in accordance with the indemnity provision in the Constr uction Contract against Losses, liabilities, suits or Claims resulting from Contractor's or any Subcontractor's or Sub-subcontractor’s infringement of patent rights.

3.18 PERMITS AND LICENSES

The Contractor shall comply with all provisions of any permits necessary to accomplish the Work as presented in this Contract. Contractor shall obtain and be responsible for the cost of all permits and applications related to the construction of the Project.

3.19 DIFFERING SITE CONDITIONS

3.19.1 This provision is applicable if the Project involves digging trenches or other excavations that extend deeper than four (4) feet below the surface. Contractor shall promptly, and before the following conditions are disturbed, provide written notice to City if the Contractor finds any of the following conditions:

.1 Material that Contractor believes may be a hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

.2 Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

.3 Unknown physical conditions at the site of any unusual nature, differing materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

.4 Except as otherwise provided in thi s Section 3.19, and as specified under law, including Public Contract Code Section 7104, Contractor is responsible for performing the Work subject to existing site conditions, without adjustment to the Contract Sum or Contract Time.

3.19.2 City shall pr omptly investigate any of the above the conditions and if City finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in the Contract Documents. The City may, acting in its sole Item 4
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discretion, extend the applicable deadline for submitting a Change Order Request when it is based upon differing conditions subject to Public Contract Code Section 7104.

3.19.3 In the event that a dispute arises between the City and the Contractor regarding any of the matters specified in subsection 3.19.1, above, Contractor shall not be excused from any scheduled completion date provided for in the Contract Documents, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between Contractor and City.

3.20 INSPECTIONS

3.20.1 In order to allow for inspection by City and other agencies, or any inspection required elsewhere in the Special Provisions and Technical Specifications, Contractor shall notify City in writing three (3) Days in advance of the permanent concealment of any materials or Work.

3.20.2 Whenever Contractor desires to carry on the Work of this Construction Contract at hours other than those specifically required by the City or 8:00 AM to 6:00 PM, Monday through Friday or from 9:00 AM to 5:00 PM on Saturdays, it shall request authorization in writing from City for such Work at least twelve (12) Days in advance and, if approved to proceed, Contractor agrees to pay the costs incurred by the City to provide inspectors during these times and the costs incurred for the Construction Manager, Design Consultant and/or other City consultants whose presence at the Site is necessary. City offices are closed on alternate Fridays commencing January 12, 2001, and every other Friday thereafter. Inspections by City Building Department may not be available on these days.

3.20.3 If any Work is concealed or performed without the prior notice specified above, then the Work shall be subject to such tests or exposure as may be necessary to prove to City that the materials used and the Work done are in conformity with the Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished by Contractor at its expense. Contractor sha ll replace, at its own expense and without reimbursement by City, any materials or Work damaged by exposure and any faulty materials or work evidenced by such exposure or testing, and shall be responsible for any Delay caused thereby.

3.20.4 When, in order to comply with the intent of the Contract Documents, inspection must be made at the plant or mill of the manufacturer or fabricator of material or equipment, Contractor shall notify City a sufficient length of time in advance to allow for arrangements t o be made for such inspection. If required testing and/or inspection must be conducted at a location more than one hundred (100) miles from the Site, Con tractor shall be responsible for the additional travel costs required for testing and/or inspection at such location.

3.20.5 Any inspection or approval by any representative or agent of City will not relieve Contractor of the responsibility of incorporating into the Work only those materials which conform to the Contract Documents, and any nonconforming m aterials shall be removed from the Site whenever identified, at Contractor’s sole expense.

3.20.6 When Contractor believes it has achieved either Subs tantial or Final Completion of the Work, Contractor shall notify City and the Construction Manager in w riting and request a Substantial or Final Completion inspection of the Work. City, Design Consultant and Construction Manager will make such inspection as soon thereafter as possible.

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3.21 STOP NOTICES

Contractor m ust promptly pay its Subcontractors in accordance with the subcontract requirements and California prompt payment statutes. If any stop notice or other claim is served, filed or recorded in connection with the Work, City shall have the option, in its sole discretion, to permit Contractor immediately and at its own expense obtain a bond executed by a good and sufficient surety, in accordance with Civil Code section 9364, in a sum equal to one hundred twenty- five percent (125%) of the amount of such stop notice or claim. Such bond shall guarantee the payment of any amounts which the claimant may recover on the stop notice or claim, together with the claimant’s costs of suit in any action to enforce such stop notice or claim if the claimant recovers therein. This remedy shall be in addition to all other rights and remedies of City under the Contract Documents and applicable law, including, without limitation, the right to withhold funds from sums due to Contractor. Contractor shall timely notify City of Contra ctor's receipt of any stop notice or other third-party claim, valid or invalid, relating to the Contract Documents.

3.22 PARKING

Contractor shall provide and maintain suitable parking areas, for use by all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, construction activities or public parking. The Construction Manager shall approve the location of all off-site parking in the City.

3.23 USE OF THE PROJECT SITE AND CLEAN UP

3.23.1 Contractor shall confine operations at the Site to areas permitted by Applicabl e Code Requirements and the Contract Documents. Contractor shall not encumber the Site with materials or equipment so that Separate Contractors' work is hindered or impeded due to such encumbrances.

3.23.2 Contractor shall, during performance of the Wor k, keep the Site and surrounding area free from the accumulation of excess dirt, dust, waste materials, water and rubbish caused by Contractor or any Subcontractors. Contractor shall continuously and daily remove all excess dirt, waste material, water and rubbish caused by Contractor and all tools, equipment, machinery and surplus materials from the Site and surrounding area at end of each day. Adequate cleanup will be a condition for progress payments.

3.23.3 Personnel of Contractor shall not occupy, l ive upon, or otherwise make use of the Site during any time that Work is not being performed at the Site, except as otherwise provided in the Contract Documents.

3.23.4 Upon Final Completion of the Work, Contractor shall remove all construction facilitie s, appurtenances, tools, material and other articles from the Site. The entire area, including all fixed equipment, floors, surfaces and hardwa re shall be cleaned and restored to their original condition in accordance with the Special Provisions and Technical Specifications.

3.23.5 In addition to water sprinkling, temporary enclosures and anti-dust sweeping compounds should be used to limit dust and dirt rising and to keep the Site clean.

3.23.6 Construction materials shall be neatly stacked by Contractor when not in use. Loose materials, whether on the Site or in transit, shall be covered to prevent dust. Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from the affected surfaces to prevent marring or other damage to the Work.

3.23.7 Volatile wastes shall be properly stored in covered metal containers and removed daily.

All other trash receptacles shall be promptly emptied when full.

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3.23.8 Contractor shall promptly and legally tra nsport and dispose of removed and demolished items and waste materials not identified to be recycled or reused in compliance with local ordinances and anti-pollution laws. No rubbish or waste materials shall be burned, buried, or otherwise disposed of on the Site.

3.23.9 The Contractor shall provide sanitary facilities at the Site, which shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. Contractor shal l require all personnel to use the sanitary facilities. Sanitary facilities shall be on a portable trailer and shall be removed from the Site a t the end of each workday. For sewer lining projects, Contractor shall provide additional sanitary facilities o n a portable trailer to be used by the residents during lining installation (one sanitary facility per each 30 meters [100 feet]). Contractor shall remove the sanitary facilities as soon as relief holes are cut and notices of completion are delivered.

3.24 ENVIRONMENTAL CONTROLS

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of Work involved and no additional compensation will be allowed.

3.24.1 AIR POLLUTION CONTROL. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including rules promulgated by the Bay Area Air Quality Management District, the California Department of Public Health or any other applicable agency. In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paint thinners, curing compounds, parts cleaners and degreasers and liquid asphalt used on the Project shall comply with the applicable material requirements of the Bay Area Air Quality Management District. All containers of paint thinner, curing compound parts cleaners and degreasers or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be disposed of onsite (i.e. used up inappropriately or burned). Compressed gases contained within cylinders or aerosol cans shall never be released for any purpose other than that intended by the manufacturer.

.1 M
old. The Contractor shall take steps to prevent mold from developing on th e Site, or being released into the air and shall promptly decontaminate any areas of mold that develop.

.2 V OC’s. Only construction materials that emit low levels of volatile organic compounds (VOC) shall be used within indoor areas. Adequate ventilation of packaged dry products shall be used prior to installation. Contractor is responsible to ventilate the building during the application of wet products (e.g., paints, glues, sealants), which release their highest levels of VOC's during the curing period immediately after the application. Also, wet products shall be applied before installing materials that act as "sinks" such as carpets, fabric, ceiling tiles, movable partitions, furniture, etc. in order to reduce the chance of the "sinks" absorbing contaminants and slowly releasing them into the building over time.

.3 O ff-Gassing. Contractor is re sponsible for identifying specific materials that require more complex ventilation to accelerate off- gassing. In addition to paints, glues and sealants, those materials that generally require temporary ventilation include, without limitation: composite wood products, plastics, waterproofing, insulation, fireproofing, caulking, acoustical ceilings, resilient flooring and wood preservatives.

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.4 Barriers. Barriers shall be used to prevent the migration of airborne pollutants from areas under construction and to mitigate any construction noise that may disrupt occupant activities. If effective controls for pollution emissions cannot be practically implemented, activities involving significant airborne pollutants shall be scheduled during off -hours at Contractor’s expense. The Site shall be ventilated with fresh outside air during and immediately after the noxious activity.

. 5 Exhaust. Contractor shall install temporary exhaust systems in construction areas to prevent contaminated air from entering the building's return- air system, including, without limitation:

(i) Removing windows in a space.

(ii) Using available or dedicated exhaust systems (e.g., kitchen or toilet exhaust) that are not tied into the building's overall return-air system.

.6 T reated wood waste (TWW). TWW is any wood treated with preserving chemicals that protect the wood from insect attack or fungal decay (typically railroad ties, power poles, or bollards) shall be managed by Contractor to minimize dust generation. Contractor shall never grind TWW and shall be properly dispose TWW at a permitted TWW disposal facility. If Contractor size -reduces the TWW then Contractor shall collect all dust generated for proper offsite disposal.

.7 C ontaminated Soil Removal . Unless approved by the City, contaminated soils that are being removed shall be loaded directly into truck trai lers that shall transport the soils directly to disposal facilities and not stockpiled onsite or elsewhere. If the City approves the temporary stockpiling of soils onsite, then Contractor shall cover the soil with visqueen (or other suitable material) within 1 hour.

T
he building shall be flushed with full outdoor air for seven (7) Days prior to occupancy.

Full capacity of the HVAC system shall be used for at least 2.5 ACH (air changes per hour), provided by temporary fans. During this time, the inte riors shall be thoroughly cleaned, the HVAC ducts vacuumed, and air and HVAC system filters replaced.

3.24.2 WATER POLLUTION CONTROL.

.1 Contractor shall at a minimum use applicable Best Management Practices listed in the California Stormwater Quality Association Construction Handbook http://www.cabmphandbooks.com/Construction.asp to prevent the pollution of storm drains and watercourses by discharges of materials other than uncontaminated storm water. Prohibited discharges include storm water runoff discharges that may threaten to cause pollution, contamination or nuisance, sanitary waste, sediment and debris from erosion and other substances resulting from construction activities. Sanitary wastes will not be permitted to enter any storm drain or watercourse and must be routed to the sanitary sewer system. No sediment, debris or construction materials will be permitted to enter sanitary sewers.

.2 Contractor shall provide effective and continuous control of water pollution, including Work in small or multiple unit s, on an out of phase schedule or with modified construction procedures. Contractor shall determine which methods are most effective in achieving control of water pollution as a result of Contractor's operations. Contractor shall coordi nate water pollu tion control work with all other Work performed by Contractor and Separate Contractors.

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.3 Before starting any Work on the Project, Contractor shall submit to the Construction Manager for acceptance a Storm Water Pollution Prevention Plan (SWPPP) for eff ective control of storm water pollution. Such plan shall show the schedule and detailed description for the storm water pollution prevention and erosion control work or practices included in the Construction Contract and for all storm water pollution cont rol measures which Contractor proposes to employ in connection with construction of the Project to minimize the effects of their operations upon storm drains, adjacent streams, and other bodies of water. Contractor shall not perform any clearing and grubbi ng or earthwork on the Project, other than that specifically authorized in writing by the Construction Manager, until such SWPPP has been approved by a City representative or the Construction Manager. Contractor shall revise and bring up to date said SWPPP at any time the Construction Manager makes written request for such revisions.

.4 City shall not be liable to Contractor for failure to accept all or any portion of any originally s ubmitted or revised SWPPP, or for any Delays to the Work due to Contractor's failure to submit an acceptable SWPPP. Contractor assumes sole responsibility for all costs associated with treatment of storm water polluted as a result of Contractor’s Site activities, whether treatment is initiated by Contractor or City.

.5 Contractor may request the Construction Manager to waive the requirement for submission of a written SWPPP when the nature of Contractor's operation is such that pollutant discharge or soil erosion is not likely to occur. Waiver of this requirement wi ll not relieve Contractor from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written SWPPP will not preclude City requiring submittal of a SWPPP at a later time if the Construction Manager deems it necessary because of the effect of Contractor's operations.

.6 Where erosion damage which will cause storm water pollution is probable due to the nature of the material or the season of the year, Contractor's operation shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.

.7 All storm water pollution control work required elsewhere in the Contract Documents which may be accomplished under the various contract items of Work will be measured and paid for as provided in said items of Work elsewhere in these Contract Documents.

3.24.3 URBAN RUNOFF. At a minimum, the following specific Best Management Practices which address the potential pollution impacts of urban runoff shall apply to all projects undergoing construction in City. The Best Management Practices listed below (in addition to those listed in the Technical Specifications) are req uired by City, and shall apply at the time of demolition of an existing structure or commencement of construction until receipt of a certificate of occupancy or certificate of completion:

.1 Sediment and construction waste from construction sites and par king areas shall not leave the Site.

.2 Any sediments or other cons truction materials which are tracked off the Site shall be removed the same day. Straw wattles or another temporary sediment barrier shall be installed around the perimeter of the Site to prevent the sediment from leaving the Site.

.3 On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff.

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.4 Excavated soil shall be located on the Site in a manner that eliminates the possibi lity of sediment running into the street, storm drains, water bodies, or adjoining properties.

Material stockpiles shall be covered within 1 hour of stockpiling the material until the material is either used or removed.

.5 No washing of construction vehicles shall be allowed on or adjacent to the Site.

.6 Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the Site, including, but not limited to the following: (i) detention ponds or sedimentation ponds; and (ii) dikes, berms or ditches; and (iii) down drains, chutes or flumes.

3.24.4 STORM WATER POLLUTION PREVENTION DURING ROADWORK. To avoid storm water pollution, Contractor shall plan roadwork and pavement construction as follows:

.1 Ap ply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting storm water runoff.

.2 Cover storm drain inlets and manholes when paving or applying seal coat, slurry seal, fog seal, etc.

.3 Always park paving machines over drip pans or absorbent materials.

.4 When making saw-cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation. Shovel or vacuum the slurry residue from the pavement and remove from the Site.

3.24.5 STORMWATER POLLUTION. To avoid stormwater pollution, Contractor shall plan roadwork and pavement construction as follows:

.1 Apply concrete, asphalt, and seal coat during dry weather to prevent contaminants from contacting stormwater runoff.

.2 Cover storm drain inlets and personnel access holes when paving or applying seal coat, slurry seal, fog seal, etc.

.3 Always park paving machines over drip pans or absorbent materials, since they tend to drip continuously.

.4 When making saw-cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation and contain the slurry by placing straw bales, sand bags, or gravel dams around the catch basin. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from the Site.

3.24.6 DRAINAGE CONTROL. Contractor shall provide for the drainage of storm water and such water as may be applied or di scharged on the Site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, Site and adjacent property. Also drainage facilities shall be constructed to minimize the potential pollution to the ocean.

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Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property ( except in natural channels), to protect Ci ty's private property and utility owner's facilities and the Work, and to direct water to drainage channels or conduits. Retention of drainage on the Site shall be provided as necessary to prevent downstream flooding.

3.24.7 DUST CONTROL. As elsewhere p rovided herein, the Contractor shall be responsible for all dust alleviation and control measures necessary and required for the public safety and convenience during the life of the contract. The Contractor shall u se reclaimed water to control dust from un paved surfaces as needed on a daily basis or as directed by the Construction Manager. The water shall be applied at a limited rate so as to avoid the creation of runoff from the site. The Contractor shall not use water to flush down paved or impervious surfaces as a means of dust control. Paved or impervious surfaces shall be swept with a street sweeper as needed to control dust on the site. Compensation for water applied as alleviation and/or prevention of dust nuisance and street sweeping shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefore.

3.24.8 SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES. Contractor shall comply with t he provisions of all applicable hazardous materials Standards including but not limited to California Code of Regulations (CCR) Title 8, Chapter 4, Group 16 (CalOSHA Control of Hazardous Substances), CCR Title 22, Division 4.5, (hazardous waste management standards), California Health & Safety Code Division 20, Section

6.5 (hazardous waste control), California Fire Code, Code of Federal Regulations (CFR) 49 (DOT regulations), CFR 40, Part 60 (U.S. hazardous waste standards) and applicable sections of the P alo Alto Municipal Code. Contractor shall at all times maintain an inventory of hazardous materials stored onsite and all applicable Material Safety Data Sheets (MSDSs) available for review by the City.

For City -generated hazardous waste removal, the City will take full generator status for the hazardous wastes as described under CCR 22. The City will obtain any EPA Identification numbers for the project and will sign each manifest as the generator before the material is transported. Contractor shall fully manage the hazardous wastes for the City including the removing, storing, transporting and disposing of the hazardous wastes. For construction activities that remove existing hazardous wastes, such as, asbestos removal, contaminated soil removal, lead paint removal or other contamination abat ement projects, Contractor shall develop a hazardous materials management plan (HMMP). The HMMP shall contain sufficient information that shall demonstrate how the Contractor will remove, secure and store, transport to a permitted disposal facility. Contractor shall submit the HMMP to the City for approval. At a minimum, the HMMP shall include:
• Project map that shall show hazardous waste removal areas, storage areas (including all fencing, gates, locks, structures etc.;
• Hazardous waste expected inventory including quantities and types of wastes; • Security program – how the Contractor will keep hazardous materials secure from public contact;
• Monitoring and inspection program;
• Inventory of emergency equipment onsite;
• Transportation Plan includes ho w the Contractor plans to package and transport the hazardous wastes;
• Disposal facility name and location;
• Any other information that would reasonably describe Contractor hazardous waste removal, storage and disposal plans.

City has the sole right to reje ct the hazardous waste transporter and/or disposal facility from Contractor’s consideration.

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Hazardous wastes that are generated from Contractor’s activities while completing the project (i.e. equipment maintenance fluids, empty oil or solvent drums, etc. shall be the sole responsibility of the Contractor who is the generator of the wastes under the Hazardous Waste Generator Regulations CCR Title

22. Wastes must be handled, recycled or disposed of in the United States.

3.24.09 ENVIRONMENTAL PURCHASING PO LICY. The Contractor shall comply with the City of Palo Alto’s Environmental Purchasing Policy, as amended from time to time. A copy is available at the City’s Purchasing Division.

3.24.10 ZERO WASTE REQUIREMENTS. Th e Contractor shall comply with wa ste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Contractor shall comply with the following zero waste requirements:
• All printed materials provided by Contractor to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager.

Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. • Goods purchased by Contractor on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Contractor, at no additional cost to the City, for reuse or rec ycling. Contractor shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

3.24.11 SOUND CONTROL.

.1 Contractor shall comply with the City’s Noise Ordinance set forth in Chapter 9.10 of the Palo Alto Municipal Code, except as modified in the Special Provisions and Technical Specifications. Copies of the Noise Ordinance are available in the Purchasing Division.

.2 Each internal combustion engine used for any purpose on the Site or otherwise within the City of Palo A lto shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the Project without said muffler. This requirement in no way relieves Contractor from responsibility for complying with local ordinances regulating noise level.

.3 The noise level requirement shall apply to all equipment on the Work or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

.4 Prior to starting construction, all equipment to be used on the Project shall be inspecte d and tested for compliance with the requirements of this Project. Sound blankets or other sound mitigation equipment approved by the Construction Manager shall be required to bring equipment into compliance with the requirements of this Project.

3.25 T EMPORARY WATER, LIGHT AND POWER

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Water for any purpose shall be obtained by Contractor, at its expense, from City. Contractor is to contact the Construction Manager for a phone number and contact person. In no case may Contractor obtain water from unmetered fire hydrants. The costs of obtaining water shall be included in the prices paid for the various contract items of work included and no additional compensation will be allowed therefore, unless otherwise specified in the Contract Documents. The City imposes a penalty for taking water from an unmetered fire hydrant. The penalty shall be deducted from the payment due Contractor. Contractor shall purchase power from the City, at Contractor’s expense.

3.26 CITY TRUCK ROUTE ORDINANCE

The Contractor and any subcontractors or suppliers shall at all times comply with the requirements of the City of Palo Alto Truck Route Ordinance set forth in Chapter 10.48 of the Palo Alto Municipal Code.

3.27 UNFAIR BUSINESS PRACTICES CLAIMS

Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 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 purchases of goods, services, or materials pursuant to the Contract Documents. This assignment shall be made and become effective at the time City tenders Final Payment to Contractor, without further acknowledgment by the parties. Contractor shall incorporate this provision in all Subcontractor contracts.

3.28 EXISTING UTILITIES

3.28.1 Prior to the start of any grinding or any excavation, the Contractor shall be responsible for notifying Underground Services Alert (USA) 800- 642-2444 at least five ( 5) days prior to beginning underground work so that existing utilities can be marked in the field. The Contractor is responsible for the location of all utilities, both public and private. Contractor shall give specific address for grinding or excavation location. Each location shall be marked by the Contractor in the field with white paint.

3.28.2 The Contractor shall acknowledge that the marking of underground utiliti es is only approximate, and shall take all necessary precautions to avoid damaging these utilities.

3.28.3 All Underground Services Alert marking shall be removed by the Contractor. Any utilities damaged or altered in any way during the performance of the work under this C ontract shall be promptly reported to the Engineer, and shall be restored to their original condition at the Contractor's expense.

3.28.4 If the Contractor comes into contact with any existing utilities during its operations, the Contractor shall notify the Engineer before proceeding with the work involved.

3.28.5 Pursuant to Government Code Section 4215 , if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Con tractor shall immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site, if such utilities are not identified in the Contract Documents. Contractor shall be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans or specifications with reasonable accuracy and for equipment o n the Project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the W ork, to the extent such delay was caused by City’s failure to provide for removal or relocation of such utility facilities.

ARTICLE 4 – A

DMINISTRATION OF THE CONTRACT

4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND CONSTRUCTION MANAGER

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4.1.1 City and the Construction Manager will provide administration of the Construction C ontract as provided in the Contract Documents.

4.1.2 No actions taken by City, Construction Manager or Design Consultant shall relieve Contractor of its obligations described in the Contract Documents.

4.1.3 The Construction Manager will be present on the Site during the performance of the Work primarily for the purposes of providing administration, inspection and expediting communications between City, Design Consultant and Contractor.

4.1.4 Neither City, Design Consultant nor Construction Manager will have control over, will be in charge of, or will be responsible for construction means, methods, techniques, safety, sequences or procedures or for safety precautions and programs in connection with the W ork, all of which are the sole responsibility of Contractor.

4.1.5 Unless otherwise provided in the Contract Documents or when direct communications have been specifically authorized, communications between Contractor and City or Design Consultant shall be in writing through Construction Manager. Communications by Contractor or Subcontractors and with Separate Contractors shall be through the Construction Manager. Contractor shall not rely on oral or other non-written communications.

4.1.6 Based o n the Construction Manager’s Site visits and evaluations of Contractor's Applications For Payment, the Construction Manager will review and recommend to City for City approval the amounts, if any, due Contractor.

4.1.7 Construction Manager will make recommendations to City to reject the Work, or any portion thereof, which does not conform to the Contract Documents. City alone shall have the authority to stop the Work or any portion thereof. Whenever City considers it necessary or advisable, City will have the authority to require additional inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is fabricated, installed or completed. However, no authority of City conferred by the Contract Documents nor any decision made in good faith either to exercise or not exercise such authority, nor any recommendation by the Construction Manager, shall give rise to a duty or responsibility of City or the Construction Manager to Contractor or its Subcontractors.

4.1.8 Construction Manager’s authority includes, but is not limited to the following:

.1 Conduct or direct inspections to determine suitability of the Project or portion thereof for Beneficial Occupancy.

.2 Assist City in determining the dates of Substantial Completion and Final Completion;

.3 Review any records, written warranties and related documents required by the Contract Documents and assembled by Contractor; and

.4 Make recommendations to City for issuance of Final Payment upon Contractor's compliance with the requirements of the Contract Documents.

4.1.9 City, with the assistance of recommendations from the Design Consultant and/or Construction Manager, shall be the ultimate inte rpreter of the requirements of the Contract Docu ments and the judge of performance thereunder by Contractor. Such decisions by City will be final and binding upon Contractor.

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4.2 CLAIMS

4.2.1 Public Contract Code Section 9204. Public Contract Code Section 9204 (“Section 9204”) sets forth certain pre-litigation claims procedures for public works projects that City is required to include in its Contract Documents. In summary, Section 9204 requires public entities to respond to claims within 45 days, to meet and confer if requested by the contractor, to promptly pay undisputed amounts, and to mediate unresolved claims prior to litigation, absent a mutual waiver of mediation. It expressly provides for the submission of subcontractor “pass-through” claims, and allows public entities to prescribe reasonable additional change order, claim, and dispute resolution procedures and requirements, so long as the additional provisions do not conflict with or otherwise impair the timeframes and procedures set forth in Section 9204. The requirements of Section 9204 are incorporated and included in the following provisions, which also include reasonable additional procedures.

4.2.2 Scope and Authority. This Section 4.2 applies to any Claim, as de fined in Section 1.1.19, above, arising from or related to the Contract or performance of the Work. It is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Publi c Contract Code Section 9204, and Public Contract Code Sections 20104 et seq., which are incorporated by reference herein and included in these provisions.

4.2.3 Accrual of Claim. A Claim accrues and arises upon issuance of a written decision by the City or Construction Manager denying, in whole or in part, a Change Order Request, which was previously submitted in compliance with these Contract Documents. A Claim that demands an extension of time or an increase in the Contract Sum does not accrue unless Contractor has previously submitted such demand(s) in a Change Order Request.

4.2.4 Claims Submission Requirements and Deadlines. All Claims must be submitted in writing by registered mail or certified mail with return receipt requested. Except for Cla ims disputing the amount of Final Payment, all Claims and all supporting documentation and certifications, as further detailed below, must be received by the City Clerk's office
within twenty-one (2) Days following the date that City notified Contractor in writing that a request for a change in the Cont ract Time or Contract Price, duly submitted in compliance with the Contract Documents, has been rejected in whole or in part; any Claim which is not submitted prior to Final Payment is deemed waived. A Claim disputing the amount of Final Payment must be submitted within fourteen (14) Days of the effective date of Final Payment. Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost -efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.

4.2.5 Supporting Documentation. A Claim submittal must include the following:

.1 A statement that it is a Claim, clearly specifying the amount requested (with respect to Claims for payment), and/or the number of days requested (with respect to Claims for an extension of the Contract Time);

.2 A detailed description of the act, error, omission , Differing Site Condition, event or other circumstance giving rise to the Claim; and

.3 A statement demonstrating that a Change Order Request was submitted in a timely manner as required by Section 7.2 of these General Conditions, along with a copy of the Change Order Request and the City’s written rejection of the subject Claim.

.4 All documents necessary to substantiate the Claim, including, without limitation:

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(i). A detailed cost breakdown in the form required for submittal of Change Order Requests, and subject to the limitations described in Article 7, below.

(ii). Copies of actual j ob cost records demonstrating that the costs have been incurred.

(iii). If the Claim is based on an error, omission, conflict or ambiguity in the Contract Documents: (i) a sworn statement by Contractor and any Subcontractor involved in the Claim, to the effect that the error, omission, conflict or ambiguity was not discovered prior to submission of the Bid, and (ii) if not discovered, a sworn statement demonstrating that the error, omission, conflict or ambiguity could not have been discovered by Contractor, its Subcontractor(s) or in exercise of the degree of care required of them under the Contract Documents for review of the Contract Documents prior to submission of the Bid.

.5 If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.

.6 A written certification signed by a responsible managing officer of Contractor’s organization, who has the authority to sign subcontracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:

I
hereby certify under penalty of perjury under the laws of the State of Californi a that I am a managing officer of and that I have reviewed the Claim presented herewith on Contractor ’s behalf and/or on behalf of and that the following statements are true and correct.

(i
) The facts alleged in or that form the basis for the Claim are true and accurate; and,

(ii) Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and,

(iii) Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and,

(iv) C ontractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor involved in the Claim) and confirmed on an event- by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and,

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(v) Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim; and

(vi) Contractor understands that submission of a Claim which has no basis in fact or which Contractor knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.).

Signature: ___________________________

Name: ______________________________

Title: _______________________________

Company: ___________________________

Date: _______________________________

4.2.6 Strict Compliance Required. No Claim may be asserted unless Contractor has strictly complied with the requirements of Section 4.2 of these General Conditions, which shall be considered conditions precedent to Contractor’s rights to assert the Claim and to initiate the Contract Dispute Resolution Process set forth below with respect to such Claim.

4.2.7 No Work Delay. Notwithstandin g the submission of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.

4.2.8 City Response. City shall respond in writing within forty- five (45) Days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed or undisputed, unless the 45 Day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code Section 9204. However, if City determines that the Claim is not adequately documented, City may first request in writing, within thirty (30) days of receipt of the Claim, additional information or documentation supporting the Claim, or relating to defenses to the Claim that City may have against the Claim, in which case City shall respond to the Claim within forty-five 45 Days after receipt of the further information or documentation. If Contractor fails to submit the additional documentation to City within fifteen (15) Days of receipt of City’s request, the Claim will be deemed waived. If City Council authorization is necessary for City to respond to a Claim, City will respond within three (3) Days following the Council’s consideration of the Claim, which shall be scheduled in accordance with Section 9204.

4.2.9 Non-Waiver. Any failure by City to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents.

4.2.10 Payment on Undisputed Portion. Any payment due on an undisputed portion of the Claim shall be paid within 60 Days after the City issues its written response.

4.2.11 Meet and Confer. If Contractor disputes City’s response, or if City fails to respond within the prescribed time set forth above, Contractor may so not ify City and demand a meet and confer conference for settlement of the issues in dispute, in writing sent by registered mail or certified mail, return receipt requested, within fifteen (15) Days of City’s response or within fifteen (15) Days of City’s failure to respond. If Contractor fails to dispute City’s response within the specified time, Contractor’s Claim shall be deemed waived.

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.1 Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or la ter if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference.

.2 Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office.

.3 Written Statement After Meet and Confer. Within ten (10) working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.

.4 Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten (10) working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the disputed portion(s) will be submitted for nonbinding mediation, as set forth below.

4.2.12 Mediation. Within ten (10) working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute follow ing the meet and confer, City and Contractor will mutually agree to a mediator and mediation process, consistent with and as provided under Public Contract Code section 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. All discussions that occur during the mediation and all documents prepared solely for the purpose of the mediation shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. The parties will share the costs of mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants.

4.2.13 The Claim procedures set forth herein do not apply to the following:

(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency.
(ii) Tort claims for personal injury or death.
(iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor.
(v) Stop notices.
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents.

4.2.14 If the Claim is not fully resolved during the meet and confer conference or through mediation, as to those portions of the Claim which remain in dispute, Contractor may commence the Contract Dispute Resolution Process set forth below by filing a Statement of Contract Dispute with the City within thirty (30) Days following the meet and confer conference if the parties have mutually waived mediation, or within thirty (30) Days following the mediation result. If Contractor fails to submit a Statement of Contract Dispute within the applicable thirty (30) Day period, City’s last written response will become final and binding upon Contractor, and Contractor shall be deemed to have waived and release any further right to pursue the Claim.

4.3 RESOLUTION OF CONTRACT DISPUTES.

Contract Disputes shall be resolved by the parties in accordance with the Contract Dispute Resolution Process set forth in this Section 4.3 of the General Conditions in lieu of any and all rights under the law that Item 4
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either party have its rights adjudged by a trial court or jury. All Contract Disputes shall be subject to the Contract Dispute Resolution Process set forth in this Section 4.3, which shall be the exclusive recourse of Contractor and City for such Contract Disputes.

4.3.1 Non-Contract Disputes. Contract Disputes shall not include any of the following:

(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency;
(ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub-subcontractors of any tier; (iii) False claims liability under California Government Code Section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; (v) Stop notices; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents.

4.3.2 Litigation, City Election . Matters that do not constitute Contract Disputes shall be resolved by way of an action filed in the Superior Court of the State of California, County of Santa Clara, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes. Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manne r as required for Contract Disputes, including, without limitation, City’s right under Paragraph 4.3.5 to defer resolution and final determination until after Final Completion of the Work.

4.3.3 Submission of Contract Dispute.

.1 By Contractor.

Contractors may commence the Contract Dispute Resolution Process upon conclusion of the Claims process set forth in Section 4.2 above. Contractor shall submit a written Statement of Contract Dispute (as set forth below) to City within thirty (30) Days after conclusion of the meet and confer process or mediation, as applicable, set forth in Section

4.2. Failure by Contractor to submit its Statement of Contract Dispute in a timely manner shall result in City’s decision by City on the Claim becoming final and binding. Contractor’s Statement of Contract Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the asserted effect on the Contract Sum and the Contract Time.

The Statement of Contract Dispute shall include adequate supporting data to substantiate the disputed Claim, in compliance with the Change Order Request requirements set forth herein.

.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to t he Contract Dispute.

City may also assert a Contract Dispute in response to a Contract Dispute asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the date s of their occurrence and the damages or other relief claimed by City as a result of such events.

.3 Contract Dispute Resolution Process.

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be a condition precedent to the right of each party to proceed to the next step in the process.

4.3.4 Direct Negotiations. Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Contract Dispute) in a good faith effort to negotiate a resolution to the Contract Dispute. Each party shall be represented in such negotiations by an authorized representative wit h full knowledge of the details of the Claims or defenses being asserted by such party in the negotiations, and with full authority to resolve such Contract Dispute then and there, subject only to City’s obligation to obtain administrative and/or City Council approval of any agreed settlement or resolution. If the Contract Dispute involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City (“Pass -Through Claim”), then the Subcontractor shall also have a representative attend the negotiations, with the same authority and knowledge as described above. Upon completion of the meeting, if the Contract Dispute is not resolved, the parties may either continue the negotiations or any party may declare negotiations ended.

All discussions tha t occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152.

4.3.5 Deferral of Contract Disputes . Following the completion of the negotiations required by Paragraph 4.3.4, above, all unresolved Contract Disputes shall be deferred pending Final Completion of the Project, subject to City’s right, in its sole and abs olute discretion, to require that the Contract Dispute Resolution Process proceed prior to Final Completion. All Contract Disputes that have been deferred until Final Completion shall be consolidated within a reasonable time after Final Completion and thereafter pursued to resolution pursuant to this Contract Dispute Resolution Process. The parties can continue informal negotiations of Contract Disputes; provided, however, that such informal negotiations shall not be alter the provision for deferring final determination and resolution of unresolved Contract Disputes until after Final Completion.

4.3.6 Mediation. If the Contract Dispute remains unresolved after negoti ations pursuant to Paragraph 4.3.4, above, the parties m ay choose, by mutual agreement, to conduct further mediation, however they shall be under no obligation to do so.

4.3.7 Binding Arbitration . Any remaining Contract Dispute shall be submitted for binding arbitration.
.1 Process. Any Claim submitted for binding arbitration, as set forth above, shall be determined by arbitration at the San Francisco JAMS’ offices, and administered by JAMS pursuant to its Engineering and Construction Arbitration Rules & Procedures f or Expedited Arbitration. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction within Santa Clara Coun ty, and no other place.
.2 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 4.3. Contractor shall include this provision in its contracts with its Subcontractors who provide any portion of the Work.

4.3.8 Non-Waiver. Participation in the Contract Dispute Resolution Process shall not waive, release or c ompromise any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of Contractor that are the basis of a Contract Dispute were previously waived by Contractor due to Contractor’s failure to comply with the Contract Documents, including, without Item 4
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limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims.

ARTICLE 5 – SU BCONTRACTORS

5.1 CONTRACTOR'S AWARD OF SUBCONTRACTS

5.1.1 Contractor shall comply with the Subletting and Subcontracting Fair Practices Act, Pub lic Contract Code Sections 4100 through 4114. Nothing herein shall be deemed to entitle Contractor, without the written approval of City, to substitute other Subcontractors for those named in C ontractor's List of Subcontractors contained in the completed Bid; and, except with such approval, no such substitution shall be made. Should Contractor violate any of the provisions of the Subletting and Subcontracting Fair Practices Act, such violation s hall be deemed a violation of the Construction Contract, entit ling City, without limitation to any other rights or remedies under the law, to suspend or terminate the Construction Contract.

5.1.2 Except as hereinafter provided, any increase in the cos t of the Work or Contract Time resulting from the replacement or substitution of a Subcontractor, shall be borne solely by Contractor and without any adjustment in Contract Sum or Contract Time.

5.1.3 Where a hearing is held pursuant to the provisions of Chapter 2, Division 5, Title 1 of the Public Contract Code (commencing with Subparagraph 4100), by the awarding authority or a duly appointed hearing officer, City’s representative shall prepare and certify a statement of all costs incurred by City for investigation and conduct of the hearing, including the costs of any hearing officer and reporter appointed. The statement shall then be sent to Contractor who shall reimburse City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to Contractor.

5.2 SUBCONTRACTOR RELATIONS

5.2.1 Prior to the execution of each subcontract agreement, Contractor shall make available to each proposed Subcontractor, copies of the Contract Documents. Contractor must incorporate the te rms of these Contract Documents into each subcontract, so that each Subcontractor will be bound by the terms of these Contract Documents, including, but not limited to, the provisions for disput e resolution. Within thirty (30) Days of the Notice To Proceed, Contractor shall provide City with a complete listing of all Subcontractors, which shall include, but not be limited to, the Work contracted for, Subcontractor’s name, address, telephone and facsimile numbers, form for doing business (i.e, sole propriet or, corporation, partnership), point-of-contact and Subcontractor’s license classification and number.

5.2.2 Any part of the Work performed for Contractor by a first Tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require that the Subcontractor:

(i) Perform the Work in accordance with the terms of the Contract Documents.

(ii) Assume toward Contractor all the obligations and responsibilities which Contractor assumes towards City by the Contract Documents.

(iii) Preserve and protect the rights of City under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.

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(iv) Waive all rights that the Subcontractor may have against City for damages caused by fire or other perils covered by builder's risk property insurance carried by Contractor or City, except for such rights Subcontractor may have to the proceeds of such insurance held by City under Article 11 of these General Conditions.

(v) Afford City and entities and agencies designated by City the same rights and remedies with respect to access to and the right to audit and the right to copy at City's cost all of the Subcontractor's books, records, contracts, corre spondence, instructions, drawings, receipts, vouchers, purchase orders and memoranda relating to the Work and requiring the Subcontractor to preserve all such records and other items for a period of at least three (3) years after Final Completion.

(vi) Recognize the rights of City under Section 5.3 of the General Conditions, Contingent Assignment of Subcontracts, including, without limitation, City’s right to elect to accept assignment of the subcontract and to retain Subcontractor pursuant to the terms of the subcontract, to complete the unperformed obligations under the subcontract and, if requested by City, to execute a written agreement on terms acceptable to City confirming that the Subcontractor is bound to City under the same terms as the subcontr act.

(vii) Submit Applications for payment, requests for Change Orders and extensions of time and Claims, and to comply with all other notice and submission requirements o f the Contract Documents, sufficiently in advance to allow Contractor time to comply with its obligations under the Contract Documents.

(viii) Purchase and maintain insurance in accordance with the requirements of the Contract Documents and reserving the right to Owner to purchase, in its sole discretion, such insurance pursuant to an Owner Controlled Insurance or other form of wrap-up program.

(ix) Provide the same defense indemnification of the City as is required of the Contractor.

(x) Agree to part icipate in the dispute resolution procedures specified in the Construction Contract, at the election of City.

5.2.3 Contractor shall promptly, after execution, furnish to City true, complete, and executed copies of all subcontracts, and any change orders and modifications thereto. Progress payments shall not be made for items of Work for which City has not received executed subcontracts and, if applicable, Change Orders.

5.2.4 Nothing contained in the Contract Documents shall create any contractual rel ationship between any Subcontractor and City, except when, and only to the extent t hat, City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Section 5.3, Contingent Assignment of Subcontracts. Notwithstanding the foregoing, City is deemed a third -party beneficiary of each subcontract agreement.

5.2.5 City and the Construction Manager shall have the right to communicate with Contractor’s Subcontractors with respect to matters that are related to Contractor’s performance of its obligations under the Contract Documents. Contractor shall be provided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such Subcontractor.

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5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

In the event of any suspension or termination of the Construction Contract, Contractor is hereby deemed to have offered to assign to City all its interest in contracts with Subcontractors now o r hereafter entered into by Contractor for performance of any part of the Work. The assignment will be effective upon acceptance by City in writing and o nly as to those contracts which City designates in writing. City may accept, at its sole election, sai d assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Contractor's rights under the Contract Documents. Such assignment is part of the consideration to City for entering into the Contract with Contractor and may not be withdrawn prior to Final Completion.

5.4 CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY

Contractor shall be responsible to City for acts and omissions of Contractor's agents, employees, and of Contractor’s Subcontractors, and their respective agents and employees. Unless otherwise stated in or a contrary intention is reasonably inferable from the Contract Documents, r eferences to Contractor, when used in reference to an obligation bearing upon performance of the Work, shall be deemed to include Contractor’s Subcontractors.

ARTICLE 6 – C

ONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS

6.1 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS

6.1.1 City reserves the right to award separate contracts for, or to perform with its own forces, construction or operations related to the Work or other construction or operations at or affecting the Site, including portions of the Work which have been deleted by modification. Contractor shall cooperate with City's forces and Separate Contractors.

6.1.2 City shall provide coordination of the activities of City forces and of each Separate Contractor with the Work of Contractor. Contractor shall participate with City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. Contractor shall make necessary revisions to the Construction Schedule after such joint review.

6.1.3 Without limitation upon any of the rights or remedies of City under the Contract Documents or under law arising from a default by Contractor, in the event that Contractor fails to ha ve personnel on Site to supervise the Work, City shall have the right, in its sole discretion, but not the responsibility, upon twenty- four (24) hours’ telephonic notice to Contractor, to provide such supervision on a temporary basis. Contractor shall, not withstanding City’s providing such temporary supervision, remain solely responsible for all actions of its personnel and Subcontractors and shall defend and indemnify City in accordance with the Construction Contract against any Losses arising therefrom. City shall have the right, in its discretion, to deduct from the sums owing to Contractor the reasonable cost of such temporary supervision.

6.2 MUTUAL RESPONSIBILITY

6.2.1 Contractor shall be responsible for affording Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities. Contractor shall schedule and coordinate its construction and operations with the construction and operations of Separate Contractors as required by the Contract Documents.

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6.2.2 If a portion of the Work is dependent upon the proper executio n or results of other construction or operations by Separate Contractors, Contractor shall inspect such other const ruction or operations before proceeding with its portion of the Work. Contractor shall promptly report to City apparent discrepancies or defects which render the other construction or operations unsuitable to receive the Contractor’s Work. Unless otherwise directed by City, Contractor shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corr ected. Failure of Contractor to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable.

6.2.3 In the event of Delays, improperly timed activities or Defective Work by the Contractor or the Separate Contractors, the costs of such occurrences shall be borne by the party responsible ther efor.

6.2.4 If Contractor wrongfully causes damage to completed or partially completed construction or to proper ty of City or Separate Contractors, Contractor shall promptly remedy damage as provided in Paragraph 12.2 of these General Conditions.

6.2.5 If a dispute, or other matters in question arise between Contractor and a Separate Contractor, these occurrences shall be subject to the provisions of Section 4.2 and 4.3 of the General Conditions. Contractor shall immediately notify the Construction M anager in writing of such occurrences.

6.3 CITY’S RIGHT TO CLEAN UP

If a dispute arises between Contractor and Separate Contractors as to the responsibility under their respective contracts for maintaining the Site and surrounding areas free from waste materials and rubbish, City may clean up and allocate the cost between those firms it deems, in its sole discretion, to be responsible.

ARTICLE 7 – C
HANGES

7.1 CHANGES

7.1.1 City may, at any time and without notice to Contractor’s sureties, order Changes in the Work without invalidating the Construction Contract and without relieving Contractor’s sureties of their obligations to City.

7.1.2 C ity shall receive a deductive adjustment in the Contract Sum for Changes that result in a reduction in the cost to perform the Work and shall be entitled to an adjustment reducing the Contract Time for Changes that enable the Contractor to complete the Work earlier than the Contract Time.

7.1.3 Unless such rights have been waived and provided that Contractor has complied with the requirements of the Contract Documents with respect to, without limitation, complete and timely submission of all notices, req uests and supporting documentation, Contractor shall receive an additive adjustment to the Contract Sum for Changes that inc rease the cost to perform the Work and/or an adjustment extending the Contract Time for Excusable Delay (subject to offset for concurrent Unexcused Delay).

7.1.4 Contractor shall not be entitled to an adjustment of the Contract Sum or Contract Time for C hanges that are not authorized by an Approved Change Order or Field Order signed by City or Construction Manager. All Changes in the Work that are the basis of an adjustment to the Contract Sum or Contract Time must be authorized in advance, in writing, by City or Construction Manager. Accordingly, no verbal directions, course of conduct between the parties or express or implied Acceptance of Changes or Item 4
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Work, and n o claim that the Owner has been unjustly enriched (whether or not there has been such enrichment) shall be the basis for an adjustment to the Contract Sum or Contract Time if Contractor has not obtained advance written authorization to perform the Change i n the manner required herein.

7.1.5 City or the Construction Manager may authorize and direct Changes by requesting that Contractor submit a Change Order Request or by issuing a Field Order. A Field Order may be issued to direct performance of Work under the following circumstances:

.1 When there is a dispute as to whether or not the Work described therein constitutes or includes a Change or Extra Work,
.2 When there is a dispute regarding the basis or amount of compensation for Changed or Extra Work,
.3 When there is a dispute regarding whether or how the Contract Time should be adjusted, or
.4 As otherwise deemed necessary by City to ensure the timely performance of the Work and timely completion of the Project.

The purpose of a Field Order is to ensure the timely performance of the Work and timely completion of the Project, and issuance of a Field Order shall not be construed as an acknowledgment by City that the Work described constitutes a Change or Extra Work if that is in fact not t he case.

7.1.6 City can make whatever Changes that it determines in its sole discretion are necess ary and in its best interests and under no circumstances shall the number (individual or cumulative value) or scope of Changes become a basis for Contractor to claim that the Construction Contract has been rescinded, terminated, abandoned or should be reformed nor shall such circumstances be the basis for Contractor, or any Subcontractor to recover any compensation or damages not permitted by, or in excess o f that allowed under, the Contract Documents.

7.1.7 City shall have authority to order minor Changes in the Work that do not increase the cost or time to perform the Work, and which are consistent with the intent of the Contract Documents. Such changes may be directed by a Field Order, and shall be binding on City and Contractor. Contractor shall carry out such written orders promptly.

7.2 CHANGE ORDER REQUESTS AND CHANGE ORDERS

7.2.1 Contractor may request adjustments to the Contract Sum or Contract Time or the terms of a Field Order b y submitting a written Change Order Request if, and only if, Contractor follows the procedures specified in the Contract Documents, including, without limitation, the procedures set forth in this Section 7.2. A Change Order Request must be submitted withi n ten (10) Days after the occurrence of the circumstances giving rise thereto. At the City’s election, the Contractor shall submit all Change Order requests on a form prepared by the City. The Change Order Request must clearly describe the circumstances that are the basis of the Change, with reference, to the particular provisions of the Contract Documents involved, and also to all other directly relevant do cuments, including, but not limited to, related Requests for Information and responses thereto, and F ield Orders. A Change Order Request seeking an adjustment to the Contract Sum must identify the proposed basis of compensation, the amount of the requested adjustment, and a detailed breakdown of the amount requested. A Change Order Request seeking an adjustment to the Contract Time must include all information required by the Contract Documents, including, but not limited to strict compliance with Section 8.5 of the General Conditions pertaining to requests for extension of Contract Time. A request for an extension of Contract Time must be accompanied by a "Fragnet" or “time impact analysis," which identifies all critical and non -critical activities affected by the Change Order Request and showing logic ties into all existing affected activities noted on the latest approved, updated Construction Schedule. Change Order Requests must be submitted to the Construction Item 4
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Manager. Incomplete Change Order Request s or requests that are not submitted on the City’s Change Order Request Form will be returned without review.

7.2.2 Adjustments to the Contract Sum, whether increases or decreases, shall be computed at City's sole election on the basis of one or more of the following methods:

.1 Unit Pricing: Unit prices stated in the Contract Documents or agreed upo n by City and Contractor, which shall be deemed to include all Allowable Costs, Contractor Markup and Subcontractor Markup.

.2 Lump Sum Pricing: A lump sum agreed upon by City and Contractor, based on the estimated Allowable Costs, Contractor Markup, and Subcontractor Markup computed in accordance with this Section.

.3 Time and Materials: Work performed on a time and materials basis shall be calculated as the sum of Allowable Costs, plus applicable Contractor Markup, as set forth herein.

The above methods are the exclusive methods for calculating adjustments to the Contract Sum. Under no circumstances will adjustment to the Contract Sum be based upon any methodology such as total cost or modified total cost methodologies that purports to calculate Contractor’s additional costs based on the difference between Contractor’s total actual Project or line item costs and its original bid estimate for the Project or any original bid estimate line item.

7.2.3 Changes involving Extra Work that City elects to ha ve performed on a time and material basis, whether performed by Contractor's forces or the forces of Subcontractors, shall be compensated by an increase in the Contract Sum based on actual Allowable Costs and applicable Markup, as set forth herein.

When Work is performed on a time and material basis, by Contractor or any of its Subcontractors, Contractor shall submit on a daily basis to the Constructi on Manager daily time and material tickets which include the identification number assigned to the Change; the location and description of the Change; the classification of labor employed (and names and social security numbers if requested); the materials used; the equipment rented (not tools); and such other receipts, invoices, or other evidence of cost as the Construction Manager may require. The Construction Manager may require authentication of all time and material tickets and invoices by persons designated by the Construction Manager for such purpose. The failure of Contractor to provide any required authentication shall, if City elects to treat it as such, constitute a waiver by Contractor of any right to adjustment of the Contract Sum for the cost of all or that portion of the Extra Work covered by a non- authenticated ticket or subsequent invoice. The adjustment to the Contract Sum for the Extra Work will be based on the total sum of Allowable Costs for performance of that Extra Work and applicable Markup as provided herein.

7.2.4 Allowable Costs include and are limited to the sum of direct, actual costs necessarily incurred by Contractor and any Subcontractors that actually perform Extra Work, and are strictly limited to the following:

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.1 Labor. The actual costs for straight -time (and the premium time portion of overtime, if approved in writing in advance by City or the Construction Manager) wages or salaries for employees performing the Extra Work, whether at the Site, or at fabrication sites off the Site, plus employer payments collectively referred to as "Fringe Benefits and Payroll Taxes," of pa yroll, taxes and insurance, health and welfare pension, vacation, apprenticeship funds, and other direct costs required by Federal, State or local l aws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of emp loyees with a labor classification, which would increase the Allowable Costs will not be permitted unless Contractor establishes the necessity for such additional costs.

Labor costs for equipment operators and helpers shall be payable under this Paragraph only when such costs are not included in the invoice for equipment rental.

.2
Material . The actual cost of materials, supplies and consumable items which are required for the Work at invoice or lowest current price at which such materials are locally available and delivered to the Site in the quantities involved, including sales tax, freight and delivery. City reserves the right to approve materia ls and sources of supply, or to supply materials to Contractor, if necessary, for the Work. No Markup shall be applied to any material provided by City. Material re -stocking charges shall be limited to 5% of the amount of material. All discounts, rebates and refunds from the sale of surplus materials and consumable items shall accrue to City, and Contractor shall make provision so that they may be obtained.

.3 T
ool and Equipment Rental . Rental charges actually incurred for necessary machinery and equipment, whether owned or hired, as authorized in writing by City or the Construction Manager, exclusive of hand tools. No payment will be made for the use of tools that have a replacement value of $500 or less. When the equipment is owned by Contractor, the rental rate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," which is in effect on the date the Work is accomplished. When equipment is not listed in said publication, the rate to be paid shall be as herein defined, or a suitable rental rate for such equipment will be established by the Construction Manager.

Regardless of ownership, the rates to be used in determining equipment rental cost shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the work is performed. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals. If equipment is used intermittently, when not in use it shall be returned to its rental source unless Contractor elects to keep it at the Site at no expense to City. The reported rental time for equipment already at the Site shall be the duration of its use on the Extra Work, commencing at th e time it is first put into actual operation on the Extra Work, plus the time required to move it from its previous site and back, or to a closer site.

.4 Ro
yalties and Permits . Costs of royalties and permits solely related to the Extra or Deleted Work.

.5 I nsurance and Bonds . Additional costs of insurance and bonds, not to exceed two percent (2%) of the total of Parts .1 through .4, above.

7. 2.5 Allowable Costs shall not include any of the following, which are deemed to be included in the Contractor Markup:

(i) Superintendent(s)

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(ii) Assistant Superintendent (s)

(iii) Project Engineer(s), Assistant Project Engineer(s).

(iv) Project Manager(s), Assistant Project Manager(s).

(v) Scheduler(s), Administrative Assistant(s), Health and Safety personnel.

(vi) Estimator(s), Clerk(s), Secretary(s), Accountant(s) or any Home Office personnel.

(vii) Drafting or detailing.

(viii) Small tools (with a replacement value under $500).

(ix) Home or field office expenses, including staff, materials, and supplies.

(x) Trailer or storage rental and expense, whether on the Site or off the Site.

(xi) Data processing personnel and equipment.

(xii) Site fencing.

(xiii) Utilities, including, without limitation, gas, electric, sewer, water, telepho nes.

(xiv) Telephone, cell phone, radios, computer, tablet devices, facsimile, e -mail and copier.

(xv) Overhead, administrative, or general expenses of any kind.

(xvi) Loss of efficiency or productivity, or other impact cost due to the effect of the Extra Work on the performance of other Work or the Work of other trades on the Project.

(xvii) Capital expenses, including interest on capital employed in connection with Extra Work.

(xviii) Legal costs.

(xix) Federal, State, or local income and franchise taxes.

(xx) Profit.

(xxi) Costs incurred more than twenty (20) Days prior to submission of a Change Order Request seeking compensation for those costs.

(xxii) Cost of any item not specifically and expressly included in Allowable Costs.

7.2.6 Contractor Markup for Extra Work is to be calculated as ten percent (10%) of the Allowable Costs the Contractor or Subcontractor actually incurred to perform the Extra Work with its own forces. Subcontractor Markup by Contractor for Extra Work performed by Subcontractor is to be calculated as fifteen percent (15%) of the total Allowable Costs the Subcontractor incurred for Ext ra Work. The total amount of markup for Extra Work may not exceed twenty-five percent (25%) of the total Allowable Costs.

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7.2.7 Change Order Requests or requests for payment for time and material work directed by a Field Order must include a complete b reakdown of actual costs, including credits, and shall itemize all Allowable Costs, subcontract costs if applicable, Contractor Mar kup, and Subcontractor Markup if applicable. All claimed costs must be fully documented and objectively verifiable. In connec tion with the foregoing, Contractor must generate and maintain complete and accurate cost accounting records that will reflect:

.1 The actual Allowable Costs incurred or saved for each individual item of Extra Work or Deleted Work, and

.2 On an event-by-event basis, the effect of each Delay that forms the basis of any request for extension of time, regardless of scope, number, complexity, cumulative effect or time of issuance or occurrence.

7.2.8 The Contract Sum will be adjusted for direct Allowable C osts incurred due to Excusable Delay only if and to the extent allowed by the Contract for Compensable Delay. Such adjustments in the Contract Sum shall be Contractor’s sole and exclusive remedy and recovery for Excusable Delay, including any alleged disruption, hindrance, interference, loss of productivity, labor or material cost escalations, inefficiency, acceleration, impact costs, extended or extraordinary overhead (direct or indirect), home office overhead, or other Losses or damages due to Delay, of any kind.

7.2.9 City has the right to increase or decrease the quantity of any unit price item for which an estimated quantity is stated in the Contract Documents, and the Contract Sum will be adjusted accordingly.

7.2.10 Allowance Adjustments: An Allowance is an amount included in the Bid for Work that may or may not be included in the Project, depending on conditions that will not become known until after Bid time. If the Contract Sum includes an Allowance and the cost of performing the Work covered by that Allowance is greater or less than the stated amount, the Contract Sum shall be increased or decreased accordingly by the amount of the difference. The Contract Sum shall also be adjusted by the amount of any unused Allowance that was specifically and expressly included in the original Contract Sum.

7.2.11 Change Orders: Approved Change Order Requests and Changes directed by a Field Order, including adjustments to Contract Sum and Contract Price, shall be incorporated into a Change Order for approval by the City. City shall prepare each Change Order for execution by Contractor and the City. Change Orders shall be i n substantially the same form as Attachment B to the General Conditions. An Approved Change Order becomes binding upon City and Contractor when fully executed by both parties. Full execution of a Change Order is deemed full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Work covered by the Change Order, whether known or unknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including, without limitation, all Claims, costs or damages for Delay, disruption, hindrance, interfer ence, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity, labor or material cost escalations, inefficiency, the impact of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, currency fluctuations, cha nges in taxes or other related Claims, costs or damages. Change Orders shall be executed by Contractor within ten (10) days after issuance by City, in the form approved by the City Council or its authorized designee, and without any express reservation of rights by Contractor to reserve for the future the right to assert or recover from City any such Claims, costs or damages.

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7.2.12 If Contractor refuses or fails to timely execute a Change Order, upon receipt of Contractor’s written refusal or if Contractor fails to execute the Change Order within ten (10) days following issuance, the City may unilaterally approve the Change Order to increase the Contract Sum and/or to extend the Contract Time. Contractor may dispute the terms of a unilaterally-approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. If Contractor fails to submit a Claim within that 14-d ay period, with respect to all or part of the unilaterally -approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully execu ted by both parties as set forth above.

7.3 FIELD ORDERS

A Field Order will include a description of the Work to be performed, and the selected basis for adjusting the Contract Sum (increase or decrease) as set forth herein (i.e., unit pricing if applicable, lump sum, or time and materials). A Field Order may o r may not include the total amount of the City’s proposed adjustment to the Contract Sum or Contract Time, and may also include a not- to-exceed limit for any increases to the Contract Sum. Upon receipt of a Field Order, Contractor shall sign the Field Order to acknowledge receipt of the Field Order and , within a reasonable time, proceed with the Work described in the Field Order.

Contractor’s signature acknowledging receipt of the Field Order will not operate to impair Contractor’s right to dispute the Fie ld Order as set forth herein. If Contractor disputes the proposed basis or amount of adjustment to the Contract Sum or Contract Time, it may request to change th e disputed portions of the Field Order by submitting a Change Order Request within ten (10) Days following issuance of the disputed Field Order. Failure by Contractor to submit a timely Change Order Request seeking modification of the terms of the Field Order shall be deemed full acceptance of and agreement to all of the terms of the Field Order, and a release and waiver of any right to subsequently dispute any or all of the terms of that Field Order. Field Orders shall be in substantially the same form as Attachment A to the General Conditions.

7.4 DISPUTES REGARDING CHANGES

No dispute, disagreement, nor failure of the parties to reach agreement regarding the amount, if any, of any adjustment to the Contrac t Sum or Contract Time, shall relieve Contractor from the obligation to proceed with performance of the Work, including, without limitation, performance of Work directed by a Field Order or as modified by a Change Order, promptly and expeditiously. Contractor shall not delay, slow, interrupt, or suspend the performance of any Work or any Change because of a dispute between the parties, including, but not limited to, disputes pertaining to an adjustment in the Contract Sum or Contract Time. If Contractor d isputes the rejection of any Change Order Request in whole or in part, Contractor’s exclusive remedy is to submit a Claim in compliance with the Dispute Resolution Procedures set forth in Article 4 herein.

ARTICLE 8 – C

ONTRACT TIME

8.1 COMMENCEMENT OF THE WORK

Commencement of the Work shall begin on the date specified in the Notice to Proceed.

8.2 PROGRESS AND COMPLETION

8.2.1 Contractor agrees that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.

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.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Tim e; provided however, that the difference shall be deemed as float and nothing in this Paragraph or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City.

.2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) for the entire duration of the Contract Time. The above costs are included in Contractor’s Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.

.3 No increase in the Contract Sum shall be made or granted for Delay if Contractor completes the Work before expiration of the Contract Time.

.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time.

.5 The Construction Manag er will schedule and hold weekly progress meetings and other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting.

Contractor may also be required to request attendance by representatives of Contractor’s suppliers, manufacturers and Subcontractors.

8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effecti ve date of insurance required by Article 11 to be furnished by Contractor. Contractor’s obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.

8.2.3 Contractor sh all pr oceed expeditiously with adequate forces and shall achieve Final Completion within the Contract Time. If City determines and notifies Contractor that Contractor’s progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City’s normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 6:00 PM on Sat urday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work. City may also take all necessary measures to prevent the need for subsequent accelerations of th e Work. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.

8.2.4. During unfavorable weather, wet ground or other unsuitable construction conditions, Contractor shall confine the operations to Work that will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affect adversely the quality thereof or be detrimental to the quality of water discharges, unless special means or precautions are taken by Contractor to perform the Work in a proper and satisfactory manner.

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8.3 CONSTRUCTION HOURS

Based on the Citywide noise ordinance and normal City business hours, Contractor is li mited to performing the Work during an eight -hour period between the hours of 8:00 AM to 6:00 PM, Monday through Friday, excluding holidays as set forth in Section 8.4 be low, unless otherwise specified in the Special Provisions or as authorized by Change Order. A Change Order Request to work beyond the authorized working hours will not be approved unless Contractor agrees to be solely responsible for any and all additional costs, including overtime payments for workers or for City staff or consultants, inspection costs, and additional traffic control costs.

8.4 HOLIDAYS

No work may be performed on the City holidays identified:

January 1 (New Year’s Day)
Third Monday in January (Martin Luther King Day)
Third Monday in February (Washington’s Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran’s Day)
Fourth Thursday in November (Thanksgiving Day)
Day after Thanksgiving
December 25 (Christmas Day)

In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the above days falls on a Saturday, then the preceding Friday shall be considered a holiday.

8.5 DELAY

8.5.1 Contractor may request an extension of the Contract Time for an Excusable Delay or a Compensable Delay, subject to the following:

.1 In order to avoid double counting concurrent Delays, if an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first Delay to the cessation of the Delay which ends last.

.2 If an Unexcused Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Unexcused Delay.

.3 If an Unexcused Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the number of Days of Excusable Delay, as determined pursuant these General Conditions, exceeds the number of Days of the Unexcused Delay.

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8.5.2 As a condition precedent to Contractor's right to an extension of Time adjusting the Contract Time and the Contract Sum for Compensable Delay, Contractor must provide written notice to City within ten (10) Days of the date that Contractor learned of the Delay or should have learned of the Delay in exercise of diligence and reasonable care, setting forth:

(i) A description of the Delay;

(ii) A statement that the Delay is critical to completion; and

(iii) The probable effect of the Delay in terms of the number of Days' extension Contractor believes are required to the Contract Time.

The written notice required by this Paragraph is necessary for City to adequately monitor the progress of the Work, to differentiate between critical and non -critical Delays, and to prioritize its actions in a manner that is appropriately targeted to mitigate the effect of Delays. Accordingly, Contractor’s failure to provide written notice in the manner required by this Paragraph 8.5.2 shall constitute Contractor’s waiver of the right to an adjustment of the Contract Sum and Contract Time on account thereby, regardless of whether the circumstances of the Delay may have been known or suspected by City or the Construction Manager and that no other form of notice (including, without limitation, meeting minutes, log entries or schedule updates) shall suffice as constituting notice to City in accordance with this Paragraph 8.5.2.

8.5.3 Adequate supporting data for a request for extension of time shall include both of the following:

(i) All relevant scheduling data including a Fragnet, and (ii) A detailed, event -by-event description of the impact of each event on completion of Work. Documentary support for any related increase in the Contract Sum must include both of the following:
(a) A detailed cost breakdown, and
(b) Supporting cost data in such form and including such information and other supporting data as required for submission of Change Order Requests.

8.5.4 City may order Changes, whether or not resulting in Extra Work and regardless of the extent and number of Changes, or may suspend the Work.

8.5.5 The determination of whether a Delay is an Excusable Delay, Compensable Delay or Unexcused Delay shall n ot be affected by the fact that any earlier Delay occurred, regardless of fault or causation.

8.5.6 All time limits stated in the Contract Documents are of the essence.

8.5.7 Excusable Delay means any Delay to the path of activities that is critical to Substantial Completion of the Work within the Contract Time caused by conditions beyond the control or foreseeability, and without the fault or negligence of Contractor or its Subcontractors, such as, but not limited to: war, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions that are unusual and unseasonable and in which the Work cannot continue. Without limitation to the foregoing, the financial inability of Contractor or any Subcontractor, shall not be deemed conditions beyond Contractor's control or foreseeability. Contractor may claim an Excusable Delay only if it is unable to perform at least four (4) hours of scheduled critical path Work during a normal eight (8) hour work day., even with reasonable mitigation measures.

8.5.7.1 Excusable Delay does not include Delay caused by rainfall which is normal for that month in the City as specified in Section 3.10.3.4.

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8.5.7.2 Excusable Delay does not include Delay cause d by Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for the Work.

8.5.7.3 Excusable Delay does not include Delay caused by Contractor’s failure to provide adequate notification to utility companies for co nnections or services necessary for the timely performance and completion of the Work.

8.5.7.4 Excusable Delay does not include Delay caused by foreseeable conditions Contractor could have ascertained from reasonably diligent inspection of the Site and/or review of the Contract Documents.

8.5.8 Compensable Delay means any Excusable Delay to the path of activities that is critical to Contractor’s Substantial Completion of the Work within the Contract Time, which Delay is all of the following:

(i) Solely due to acts or omissions within the City’s cont rol, including but not limited to Changes requested by City that involve Extra Work;

(ii) Not due, in whole or in part, to the fault or negligence or breach of Contractor or any Subcontractor; and

(iii) Not concurrent with another Excusable Delay or any Unexcused Delay.

8.5.9 Compensation for delay shall be limited to actual, direct, reasonable, and substantiated Project costs, and shall not include home office overhead, or markup for overhead and profit.

ARTICLE 9 – P

AYMENTS AND COMPLETION

9.1 SCHEDULE OF VALUES

Within thirty (30) Days after signing the Contract, but in any event not later than fourteen (14) Da ys following receipt of the Notice to Proceed, Contractor shall submit to City through the Construction Manager a Schedule of Values reflecting cost breakd own of the Contract Sum in a form approved by the Construction Manager. The Schedule of Values shall itemize as separate line items the cost of each scheduled Work activity and all other costs, including warranties, Record Documents, insurance, bonds, overhead and profit, the total of which shall equal the Contract Sum and shall be made out in a form approved by the Construction Manager. The Schedule of Values, when approved by City, shall become the basis for determining the cost of Work requested on Con tractor's Applications For Payment. Contractor shall submit a statement based upon this breakdown, and if required, itemized in such form and supported by such evidence as the Construction Manager may direct, showing Contractor's right to the payment claimed.

9.2 PROGRESS PAYMENT

9.2.1 City shall retain five percent (5%) of the undisputed amount due on each progress payment, or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and complete performance of the Work. Subject to City’s right of withholding under Paragraph 9.4.2 of these General Conditions, City agrees to pay to Contractor within thirty (30) Days of receipt of a properly submitted Application for Payment an amount equal to ninety- five percent (95%), or a lesser amount if corresponding to a higher retention percentage, if applicable, of the sum of the following, excepting therefrom any amounts which are disputed by City:

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(i) Construction Manager’s deter mination of the value, expressed as a percentage of the Contract Sum, of the Work in permanent place that has been tested and accepted as of the end of the preceding month.

(ii) Construction Manager’s determination of the value of materials suitably stored but not yet incorporated into the Work, subject to Paragraph 9.3.6 of these General Conditions.

(iii) Less amounts previously paid.

9.2.2 At any Time after fifty percent (50%) of the Work has been determined by Construction Manager to be completed, City may in its sole discretion, make any of the remaining progress payments in accordance with th e calculation in Paragraph 9.2.1 of these General Conditions based on one hundred percent (100%) of City’s determination of the value of the Work in place and of stored materials not yet incorporated into the Work.

9.2.3 Progress payments shall not be construed as City's Acceptance of any or all of the Work and shall not be a waiver of any or all rights City has under the Contract Documents.

9.3 APPLICATION FOR PAYMENT

9.3.1 At the end of each month, Contrac tor shall submit to City an itemized Application for Payment, requesting payment for Work as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph 9.2.1 of these General Conditions. The Application f or Payment shall be prepared:

(i) Utilizing the format as designated by City or the Construction Manager.

(ii) Itemized in accordance with the Approved Schedule of Values.

(iii) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment.

(iv) Including such data substantiating Contractor's right to payment as City may reasonably require, such as invoices, payrolls, daily t ime and material records, and, if securities are deposited in lieu of retention pursuant to Section 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for Payment.

(v) Showing itemized amounts for Change Orders, Modifications and retention.

9.3.2 Applications for Payment shall not include requests for payment on account of increases to the Contract Sum which have not been authorized by Change Orders or amounts Contractor does not intend to pay a Subcontractor because of a dispute or other reason.

9.3.3 If required by City, an Application for Payment shall be accompanied by all of the following:

(i) A summary showing payments that Contractor will make to Subcontractors covered by such application.

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(ii) Conditional waivers and releases of claims and stop notices from Contractor and each Subcontractor and Sub- subcontractor, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment.

(iii) Unconditional waivers and releases of claims and stop notices, from Contractor and each Subcontractor and Sub- subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding Application for Payment.

9.3.4 Contractor warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor or Subcontractors or other pe rsons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Work.

9.3.6 At the sole discretion of City, the Construction Manager may approve for inclusion in Contractor’s Application for Payment the cost of materials to be incorporated in the Work but not yet incorporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to City. In such case, Contractor shall furnish evidence sat isfactory to City:

(i) Of the cost of such materials.

(ii) That such materials are under the exclusive control of Contractor, or if not, that title to the materials is in City’s name, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to City to cover any Loss.

(iii) Photographs of such materials if requested by the City.

Any payment pursuant to this Paragraph shall not be construed as an inspection or acceptance of the materials nor shall it relieve Contractor of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve Contractor from sole responsibility for any loss or damage to the materials from any cause whatsoever nor act as a waiver of the right of City to require strict fulfillment by Contractor with all terms of the Contract Documents.

9.3.7 City shall have the right, in its sole discretion, to make payments of monies owing to Contractor by mean s of direct payment to Subcontractors of any unpaid work performed by any Subcontractor or by joint payment to Contractor and to Subcontractors. The making of such payments shall not be construed as the assumption of any obligation on the part of City or as creating any contractual relationship between City and any Subcontractor and shall not relieve Contractor of any of its obligati ons under the Contract Documents.

9.3.8 If the Contract Sum includes an Allowance from the Bid and the cost of performing t he Work covered by that Allowance is greater or less than the amount of that Allowance, the Contract Sum shall be increased or decreased accordingly.

9.4 CERTIFICATE FOR PAYMENT

9.4.1 Approval of all or any part of an Application for Payment may be withheld, a Certificate For Payment may be withheld or all or part of a previous Cert ificate For Payment may be nullified and that amount withheld from a current Certificate For Payment in order to protect City against actual or threatened loss as a result of any of the following:

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(i) Defective Work not remedied or failure to pass required system tests.

(ii) Third-party claims against Contractor or City arising from the acts or omissions of Contractor, or Subcontractors.

(iii) Stop notices.

(iv) Failure of Contractor to make timely payments due Subcontractors for material or labor.

(v) A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid.

(vi) Damage to City or Separate Contractor for which Contractor is responsible.

(vii) Reasonable evidence that the Work will not be completed within the Contract Time.

(viii) Failure of Contractor to maintain and update As-Built or Record Documents.

(ix) Failure of Contractor to timely submit Construction Schedules, reports, Submittals or their updates as required by the Contract Documents.

(x) Performance of Work by Contractor without Approved Submittals.

(xi) Liquidated or actual damages assessed in accordance with the Construction Contract.

(xii) Any other failure of Contractor to perform an obligation under the Contract Documents.

9.4.2 Subject to the withholding provisions of Paragraph 9.4.2 and when any or all of the noted deficiencies or others have been removed, City shall pay Contractor the amount set forth in the Certificate for Payment in accordance with its normal disbursement procedures.

9.4.3 Neither City nor the Construction Manager shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by Law.

9.4.4 Neither a Certificate for Payment nor any payment (progress or final) shall be construed as a waiver of any rights arising from Defective Work.

9.4.5 City may, at any time, require that payment of any undisputed amount is contingent upon Contractor furnishing City with a release of all claims again st City which are related to those undisputed payments. Any disputed amount may be expressly excluded from such release.

9.4.6 The City may require a tri -party agreement among the City, the Contractor, and the Contractor's surety as a condition to making full progress payments if the Work is behind schedule, in order to avoid exoneration of the surety bond or impairment of the surety's security.

9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW

9.5.1 At the request and expense of Contractor, a substitution of securities may be made as found in Government Code Section 16430 and as authorized by the Public Contract Code Section 22300 in lieu of monies retained by City under Section 9.2 of these General Conditions to ensure performance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Item 4
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Documents for each Certifica te For Payment shall be deposited by Contractor with a state or federally chartered bank in the State of California ("Escrow Agent"), which shall hold such securities pursuant to the escrow agreement referred to in Paragraph 9.5.3 until Final Payment is due in accordance with Section 9.8.

Securities shall be valued as often as conditions of the securities market wa rrant, but in no case less than once per month. Contractor shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention.

9.5.2 Alternatively to Paragraph 9.5.1 of these General Conditions, and at the request and expense of Contractor, City shall deposit retention directly with the Escrow Agent. Contractor may direct the investment of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by the Escrow Agent upon the same terms provided for securities deposited by Contractor.

9.5.3 A prerequisite to the substitution of securities in lieu of retention or the deposit of retention i nto escrow shall be the execution by Contractor, City, and the Escrow Agent of an Escrow Contract for Deposit of Securities in Lieu of Retention and Deposit of Retention in the form specified by Public Contract Code section 22300, subject to review and approval as to form by the City, or, if applicable, using a form provided by the City. The terms of such escrow agreement are incorporated into the requirements of this Section 9.5.

9.5.4 Release of funds or securities from escrow to Contractor shall be ma de upon receipt by Escrow Agent of written notification by City that the Contractor has complied with all requirements and procedures applicable to the Contract.

9.5.5 City has the right to draw upon the securities in the event of default by Contractor, as determined by City pursuant to the provisions of these Contract Documents. Within seven (7) days following receipt of the City’s written notice of such default, Escrow Agent must immediately convert the securities to cash and distribute the cash as instructed by City.

9.6 BENEFICIAL OCCUPANCY

9.6.1 City reserves the right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work, at any time prior to issuing the Certificate of Substantial Completion, upon seven (7) Days’ notice to Contractor. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions:

.1 City, Design Consultant and C onstruction Manager will make an inspection of the portion of the Work to be beneficially occupied and prepare a list of items to be completed or corrected prior to issuing the Certificate of Substantial Completion.

.2 Beneficial Occupancy by City shall not be construed by Contractor as Acceptance by City of that portion of the Work which is to be occupied. City may, however, at its sole option, relieve Contractor of Contract requirements to protect Work being beneficially occupied by City where such relief is specifically designated by City in writing.

.3 Beneficial Occupancy by City shall not constitute a waiver of City’s right to assess liquidated damages as otherwise provided in these Contract Documents.

.4 Contractor shall provide, in the ar eas beneficially occupied and on a continual basis (if required), utility services, heating, and cooling for systems which are in operable condition at the time of Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with Contractor while the equipment is so Item 4
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operated. Contractor shall submit to City an itemized list of each piece of equipment so operated with the date operation commences.

.5 The Guarantee to Repair Periods, as defined in Section 12.2 of these General Conditions, will commence upon the first dates of actual occupancy or use of portions of the Work to which the City has taken Beneficial Occupancy and to equipment or systems fully utilized.

.6 City shall pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied.

.7 City shall pay all utility costs which arise out of the Beneficial Occupancy.

.8 Contractor shall not be responsible for providing security in areas beneficially occupied.

.9 City shall use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Contractor's remaining Work.

.10 Contractor shall not be required to repair damage caused by City in its Beneficial Occupancy.

.11 Except as provided in this Section 9.6 of these General Conditions, there shall be no added cost to City due to Beneficial Occupancy.

.12 Contractor shall continue to maintain all insurance required by the Contract in full force and effect.

9.7 SUBSTANTIAL COMPLETION

9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Constr uction Ma nager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed t o complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Wor k or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.

9.7.2 When City determines that the Work or such designated por tion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Item 4
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Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.

9.8 FINAL COMPLETION AND FINAL PAYMENT

9.8.1 Upon receipt of notice from Contractor that the Work is ready for final inspection, City will make such inspection. City will file a notice of completion with the County Clerk within fifteen (15) Days after Acceptance by City. Thirty-five (35) Days after filing the notice of completion, the City may release the final retention provided the requirements in this paragraph are met.

9.8.2 Without limitation to any other provisions of the Contract Documents, before Final Payment (including release of undisputed retention) for Work under this Construction Contract is authorized, the Contractor shall have completed the Work in accordance with the Contract Documents and all applicable standards of care and the following requirements of the Contract Documents must be fulfilled by Contractor:

(i) The submittal of an application for Final Payment, together with supporting documentation, as required by Section 9.3 of these General Conditions. By submitting an application for final payment, Contractor warrants that all workers and persons employed, all firms supplying the materials, and all Subcontractors have been paid in full with the exception of any Subcontractor retention payments that are not yet due pursuant to Public Contract Code section 7107(d) or (e), and that there are no bills outstanding against the Work for either labor or materials, except certain items, documented as disputed claims or pending stop payment notices.

(ii) Completion and delivery by Contractor to City of all required written guarantees, warranties, operation and maintenance manuals, As -Built Documents and other Record Documents, drawings, schedules, certificates and such other documents as required by the Contract Documents. All approvals and acceptances shall have been made pursuant to Applicable Code Requirements.

(iii) Completion of all construction Work, including corrective and punch list items, in a manner acceptable to City. All rubbish, tools, scaffolding and surplus materials and equipment have been removed from the Site.

(iv) Submission of conditional releases of claims and stop notices from Contractor and its Subcontractors with no reservation of rights for disputed claims or amounts.

(v) If a Stop Notice(s) is received by the City after the Notice of Completio n has been filed and prior to Final Payment, the City may, at its election, withhold the amount specified in the Stop Notice plus reasonable cost of any litigation pursuant to Civil Code Section 9358 from the Final Payment or permit the Contractor to supply a stop notice release bond in the amount of 125% of the stop notice amount from a Surety acceptable to the City .

9.8.3 For purposes of determining the last day for submission of a Claim pursuant to Article 4, the date of Final Payment is deemed to be the date that the City acts to release undisputed retention as part of Final Payment, either by transmitting a written request to the retention Escrow Agent or by transmitting a payment directly to Contractor, whichever occurs first. Acceptance of Final P ayment by Contractor shall constitute a complete waiver of all Claims, except those previously made in writing an d identified by Contractor as unsettled at the time of the Application for Final Payment.

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9.8.4 Contractor shall pay or cause to be paid to Subcontractors, the amount stated in the conditional releases within five (5) Days after receipt of the Final Paym ent, and shall promptly thereafter furnish evidence of such payment to City.

ARTICLE 10 – PROTECTION OF PERSONS AND PROPERTY

10.1 SAFETY PRECAUTIONS AND PROGRAMS

10.1.1 Contractor shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs on the Site in connection with the performance of the Construction Contract, including safety of all persons for the duration of the Work, on a 24-hour day, 7-day week basis.

10.1.2 Prior to the start of construction, Contractor shall submit to Construction Manager a copy of Contractor's safety program for the Project. A copy of this program shall be maintained on Site at all times. The safety program shall include, at a minimum:

(i) Management policy, illness and injury prevention program (as described below).

(ii) Safety meetings.

(iii) Accident investigation.

(iv) Basic accident causes.

(v) Safety inspection check list.

(vi) Fire prevention and control.

(vii) Report forms.

(viii) Employee safety manual.

10.2 SAFETY OF PERSONS AND PROPERTY

10.2.1 The Contrac tor shall be solely and completely responsible for job site conditions and safety during the life of the contract. This obligation shall include the safety of all persons within or affected by the line of construction and all private property affected by the work

10.2.2 At its sole expense, Contractor shall furnish, erect and maintain such temporary fences, barricades, s igns, lights, ramps, and temporary construction of whatever nature as may be necessary to provide access to abutting properties and to warn the public of the work in progress and of any dangerous conditions as may exist due to the work in progress. The Contractor's responsibility shall be continuous and not be limited to working hours or days, and shall not cease until formal acceptance of the work by the City except that if the City should make partial acceptance of the work, the Contractor's responsibility for the portion of the work so accepted shall thereupon cease, except for latent errors in the work or faulty construction.

10.2.3 The duty of the Construction Manager, its agents, or employees, to conduct construction review of the Contractor's per formance and operations is not intended to, and does not include review of or responsibility for the adequacy of the Contractor's safet y measures and procedures in, on, or adjacent to the site of the Work.

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10.2.4 Contractor shall protect persons and pr operty on the Site at all times. Contractor shall have available at the Site copies or suitable extracts of "Construction Safety Orders" and "General Industrial Safety Orders" issued by the California Division of Industrial Safety. Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.

10.2.5 Contractor shall immediately respond to notice from City of unsafe conditions, shall take adequate precautions for safety of persons on the Site, and shall provide adequate protection to prevent injury or Loss to the following:

(i) Employees involved in the Work and other persons who may be affected thereby.

(ii) The Work in place and materials and equipment to be incorporated therein, whether in storage on or off the Site, under care, custody, or control of Contractor or Subcontractors.

(iii) Other property at the Site and adjoining property(ies).

10.2.6 Contractor shall promptly remedy damage and Loss (other than damage or Loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by Contractor or its Subcontractors or anyone for whose acts they may be liable and for which Contractor is responsible.

10.2.7 Contractor shall erect and maintain, as required by existing conditions and performance of the Work, adequate safeguards for safety and protection of persons and property, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgat ing safety regulations and notifying owners and users of adjacent sites and utilities.

10.2.8 When use or storage of hazardous materi als, equipment, or unusual methods are necessary for execution of the Work, Contractor shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel.

10.2.9 Contractor shall be required to provide at the Site a member of Contractor's organization, typically the Superintendent, whose responsibility it shall be to provide instruction to persons present on the Site about prevention of accidents and overall jobsite safety. Contractor shall notify City in writing if Contractor replaces the person responsible for safety.

10.2.10 Contractor shall be responsible for locating, providing, and coordinating the storage and staging of materials and equipment on- Site and off-Site and shall not load/store or permit any part of the Work on the Site to be loaded/stored so as to endanger the safety of persons or property.

1 0.2.11 Contractor shall protect its materials and the Work from damage in a manner satisfactory to City and shall make good, without charg e to City, all damage due to negligence in providing proper protection.

10.2.12 Contractor shall take necessary prec autions to guard against and eliminate possible fire hazards and to prevent damage to the Work, building materials, equipment, temporary field offices, storage sheds and public and private property.

10.2.13 Contractor shall not permit the possession or use of alcohol or controlled substances on the Site.

10.2.14 Explosives may be used only when authorized in writing by City. Explosives shall be handled, used and stored in accordance with applicable regulations.

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10.3 EMERGENCIES

In an emergency affecting the safety of persons or property, Contractor shall immediately act to prevent or minimize damage, i njury or loss. Contractor shall immediately notify the Construction Manager and City, which notice may be oral, followed within twenty-four (24) hours after occurrence of the incident by written confirmation, of the occurrence of such an emergency and Contractor's action.

10.4 TRENCH SAFETY

In accordance with the California Labor Code, where the work will involve trenches five feet or more in depth and the estimated or bid cost of excavation is in excess of $25,000, the Contractor shall submit to and receive from the City of Palo Alto, or its designee, the acceptance of a detailed plan showing design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazards of caving ground. Such plan shall be submitted at least five (5) days before the Contractor intends to begin work on the trenches.

If such plan varies from the shoring system standards established by the Construction Safety Orders of the State of California Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer.

The Contractor shall not use shoring, sloping, or protective systems less effective than that required by the Construction Safety Orders of the Division of Industrial Safety.

The City shall not be responsible or liable for the safety of such trenching or trenching plans.

Whenever the work called for on these plans or contract documents involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or excavations, which are five feet or deeper, bidder shall include as a bid item, the cost of design and construction of adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.

ARTICLE 11 –

INSURANCE AND BONDS

11.1 CONTRACTOR'S INSURANCE

11.1.1 Contractors to the City, at their sole exp ense, shall for the term of the Contract obtain and maintain insurance in the amounts for the coverag e specified below, or as modified by the Special Provisions (if applicable), afforded by companies with AM Best’s Key Rating of A -:VII, or higher, licensed or authorized to transact insurance business in the State of California.

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

STATUTORY

YES

GENERAL LIABILITY, INCLUDING

PERSONAL INJURY, BROAD

FORM PROPERTY DAMAGE

BLANKET CONTRACTUAL, AND

FIRE LEGAL LIABILITY

BODILY INJURY

PROPERTY DAMAGE

BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000

$1,000,000

$1,000,000
$1,000,000

$1,000,000

$1,000,000
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YES AUTOMOBILE LIABILITY,

INCLUDING ALL OWNED, HIRED,

NON-OWNED

BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE

PROPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000
$1,000,000
$1,000,000
$1,000,000

$1,000,000

PROFESSIONAL LIABILITY,

INCLUDING, ERRORS AND

OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND

NEGLIGENT PERFORMANCE

ALL DAMAGES $1,000,000

YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND

EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY

RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONTRACTORS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S

LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.

I. INSURANCE COVERAGE MUST INCLUDE:

A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANC E COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.

II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569

III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:

A. P RIMARY COVERAGE

WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE

AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.

B. C ROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE

POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST

ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. N

OTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIR ATION DATE FOR THE NON -PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:

HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569

OR
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HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP

11.1.2 Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract within ten (10) business days follo wing issuance of the Notice of Award. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage on its behalf.

11.1.3 Subcontractors: Contractor shall include all Subcont ractors and as insureds under its policies, or shall furnish separate certificates and endorsements for each Subcontractor in compliance with this Article. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

11.1.4 At the request of City, Contractor shall submit to City copies of the policies obtained by Contractor. In the event Contractor does not comply with these insurance requirements, City may, at its option, provide insurance coverage to protect City; and the cost of such insurance shall be paid by Contractor and may be deducted from the Contract Sum.

11.1.5 The requirements of this Section may only be modified in writing by the City’s Risk Manager.

11.2 BOND REQUIREMENTS

11.2.1 Within ten (10) Days after the issuance of the Notice of Award and prior to commencing Work on the Project, Contractor shall file with City good and sufficient Labor and Material Payment and Performance Bonds each in the amount of 100% of the Contract Su m. The bonds shall be in substantially the same form as contained in this IFB Packet or such other form as required by City and shall be signed by both Contractor and Surety and properly notarized. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) Days by a bond that fully complies with the requirements of this Section 11.2. No further payments to Contractor for Work performed shall be made or due until Contractor has fully complied with the requirements of this Section 11.2.

11.2.2 The Payment Bond shall remain in effect at least until the time for filing a claim on a stop notice has expired pursuant to the California Civil Code. The Performance Bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all Contractor’s obligations under the Contract Documents, including, without limitation, all obligations that survive Final Completion or termination or expiration, such as, but not limited to Contractor’s warranty and indemnity obligations.

11.2.3 Contractor shall promptly furnish such additional security as may be required by City to protect its interests and those interests of persons or firms supplying labor or materials to the Work.

11.2.4 Surety companies used by Contractor shall be, on the date the Contract is signed by City and at all times while the bonds are in effect, either California Admitted Sureties or listed in the latest published United States Treasury Department list of Companies Holding Certificates of Authorit y as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies and either have a current A.M. Best A VIII rating or be an admitted surety that meets the requirements of Code of Civil Procedure Section 995.660.

11.2.5 The premiums for a ll Bonds are included in the Contract Sum and shall be paid by Contractor.

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11.2.6 The bonds shall name City as obligee.

11.2.7 Change Orders, Field Orders, Modifications, Changes in the Work and adjustments in the scope of Work Contract Sum or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties.

11.2.8 City and the Construction Manager shall have the right to communicate with Contractor’s sureties with respect to matters that are related to Contractor’s performance of its obligations under the Contract Documents. Contractor shall be provided with a copy of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such surety.

11.2.9 In the event of a significant (15% or more) increase in Contract Sum, replacement bonds totaling the new Contract Sum may be required by City.

ARTIC
LE 12 – DEFECTIVE WORK

12.1 UNCOVERING OF WORK

12.1.1 If a portion of the Work is covered contrary to Construction Manager’s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by City, be uncovered for City's observation and be replaced at Contractor's expense without adjustment of the Contract Time or the Contract Sum.

12.1.2 If a portion of the Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which City has not specifically requested to observe prior to its being covered, City may request to see such Work and it shall be uncovered and replaced by Contractor. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum.

12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD

12.2.1 In addition to any specific warranty mentioned in these Contract Documents, the Contractor shall guarantee that all material, apparatus, equipment, and workmanship used, installed, or incorporated in the work is free from defects, and agrees to replace at no expense to the City any and all defective Work or materials which become evi dent within one (1) year (“Guarantee To Repair Period”), unless a longer period of time is specified in the S pecial Provisions and Technical Specifications, commencing as follows:

(i) For any Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion.

(ii) For space beneficially occupied or for separa te systems fully utilized prior to Substantial Completion pursuant to Section 9.6, from the first date of such Beneficial Occupancy or actual use, as established an appropriate written authorization for Beneficial Occupancy.

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(iii) For all Work other th an (I) or (ii) above, from the date of filing of notice of completion pursuant to Section 9.8 above.

12.2.2 Contractor shall (i) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period and ( ii) replace, repair, or restore to City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work, without any expense whatsoever to City. City will give notice of observed Defective Work with reasonable promptness, and Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from City, but in no case later than seven (7) Days after receipt of such notice. Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such corr ection, replacement, repair, or restoration and all Losses resulting from such Defective Work, including additional testing, inspection and compensation for City's or City's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City's activities. Ordinary wear and tear, unusual abuse or neglect are excepted from this guarantee.

Contractor shall notify City upon completion of repairs.

12. 2.3 If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of City, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further Loss to City or to prevent interruption of operations of City, City will attempt to give immediate notice to Contractor. If Contractor cannot be contacted or does not comply with City's request for correction within a reasonable time as determined by City , City or Separate Contractors under City's direction, may, notwithstanding the provisions of this Article, proceed to make such corrections or provide such attention; and the costs of such correction or attention shall be charged against Contractor. Such action by City will not relieve Contractor of the guarantees provided in this Article or elsewhere in the Construction Contract. Contractor shall replace, repair or restore to City's satisfaction any other parts of the Work and any other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work.

12.2.4 Contractor shall promptly remove from the Site those portions of the Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Contractor nor accepted by City.

12.2.5 If Contractor fails to commence correction of Defective Work within seven (7) Days as required in Section 12.2.3 after notice from City or fails to diligently prosecute such correction to completion, City may correct the Defective Work in accordance with Section 2.4; and, in addition, City may remove the Defective Work and store salvageable materials and equipment at Contractor's expense.

12.2.6 If Contractor fails to pay the costs of such removal and storage as required by Paragraphs

12.2.4 and 12.2.5 within seven (7) Days a fter written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale or otherwise dispose of such material. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to City, including compensation for City's services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to City.

12.2.7 Contractor's obligations under this Article are in addition to and not in limitation of its warranty under Section 3.5 or any other obligation of Contractor under the Contract Documents.

Enforcement of Contractor's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work. Nothing cont ained in this Article shall be construed to establish a period of limitation with respect to other obligations of C ontractor under the Item 4
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Contract Documents, which may be longer specified periods. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Contractor to correct the Work and in no way limits either Contractor's liability for Defective Work or the time within which proceedings may be commenced to enforce Contractor's obligations under the Contract Documents.

12.3 ACCEPTANCE OF DEFECTIVE WORK

Notwithstanding the provisions of Section 12.2 of these General Conditions, City shall have the option, at its sole discretion and by notice to Contractor, to accept Defective Work instead of requiring its removal or correction, in which case the Contract Sum shall be reduced by an amount equal to the difference between the value to City the Work would have had were it complete, correct and in conformity with the Contract Documents and the value to City of such Defective Work. Such option shall be exercised solely by notice to Contractor and shall not be implied from any act or omission by City or Construction Manager. If there are no remaining payments of the Contract Sum to be made to Contractor, or if the remaining payments and retention are insufficient to cover the amount of the redu ction of the Contract Sum, Contractor shall promptly pay to City the amount of any such deficiency.

ARTICLE 13 – STATUTORY REQUIREMENT

13.1 STATE LABOR LAW

Contractor, its agents, and employees shall be bound by and comply with all applicable provisions of the Labor Code and such federal, state and local laws which affect the conduct of the Work. If prevailing wages are required for this Project, copies of the prevailing rate of per diem wages may be obtained at the Department of Industrial Relations’ website: http://www.dir.ca.gov/

13.2 WORK DAY

Eight (8) hours labor constitutes a legal day’s w ork. Contractor shall not permit any worker to labor more than eight (8) hours during any one (1) Day or more than forty (40) hours during any one (1) calendar week, unless overtime is paid pursuant to Labor Code Section 18 15 or except as otherwise permit ted by law.

Contractor shall forfeit to City, as a penalty, twenty -five dollars ($25.00) for each worker employed in the execution of this Construction Contract by Contractor, or any Subcontractor, for each Day during which such worker is required or perm itted to Work more than eight (8) hours in any one (1) Day and forty (40) hours in any one (1) calendar week in violation of the terms of this Paragraph or in violation of the provisions of any law of the State of California, including but not limited to Labor Code Sections 1810 through 1815.

Such forfeiture amounts may be deducted from the Contract Sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each Day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of City, its officers and agents, and to the inspection of the appropriate enforcement agency or representative and the State of California.

ARTICLE 14- J

OB SITE NOTICES AND COMPLIANCE MONITORING

14.1 LABOR PROVISIONS

As required by California Labor Code section 1771.4(a)(1) and (a)(2), the City provides notice to all contractors and subcontractors that the Project that is the subject of this IFB and the Construction Contract, is a public works project, the contractor is required to post all job site notices prescribed by law or regulation, and the contractor is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

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PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER

FIELD ORDER

CITY OF PALO ALTO

DEPARTMENT OF UTILITIES
_____________________________ Project

This Field Order, issued pursuant to Article 7 of the Contract General Conditions directs and authorizes Contractor to proceed with the Work described below. Upon receipt of this Field Order, Contractor shall execute the Field Order to acknowledge receipt and, within a reasonable time, proceed with the Work described in the Field Order. Contractor’s acknowledgment of the Field Order will not operate to impair its rights to dispute the Field Order as specified in the General Conditions. Unless otherwise stated below, this Field Order shall not be construed as an acknowledgment by City that the Work described constitutes a Change or Extra Work. If Contractor disputes the proposed basis or amount of adjustment to the Contract Sum or Contract Time, it may request to change the disputed portions of this Field Order by submitting a Change Order Request within ten (10) Days following issuance of this Field Order. Failure by Contractor to submit a timely Change Order Request seeking modification of the terms of this Field Order sha ll be deemed full acceptance of and agreement to all of the terms herein, and a release and waiver of any right to subsequently dispute any or all of the terms of this Field Order.

Project Number: Field Order Number: XXX
Contract Number: Issuance Date: __/__/____
Contractor's Name: Prepared by:

Description of Work:

Title: __________ Ref:

1. City has determined that the above Work:
___ is Extra Work
___ is not Extra Work

City has determined that Contractor is:
__not entitled to an extension of time
__ entitled to an extension of ___ days*
*Include all information and documentation required by Section 8.5 of the Contract General Conditions. Unless Section 6.3 of the Construction Contract specifies that the Project is to be completed based on working days, any time adjustment will be based on calendar days.

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PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER Basis of Extra Work Cost:

U nit Cost*
Lump Sum: $_______________
Time and Materials*
Other*
*The Contract Sum will be [increased][decreased] by an amount not to exceed: $____________________________

1. Consultant shall sign prior to Contractor and return to City. Indicate N/A if no Consultant assigned on Project.

Consultant Approval:

Title: Senior Project Manager
Date:

2. Project Manager signature required for Field Orders.

City A pproval:

Title: Project Manager

3. Division Manager signature required for Field Orders exce eding $5,000. Indicate N/A if not applicable.

City Approval:________________________
Title: E ngineering Manager of Department/Division
Date: ________________________________
Date:________________________________

4. Division Head signatu re required for Field Orders exceeding $15,000.

City Approval:

Title: Assistant Director of Department/Division

5. Department Head signature required for Field Orders exceeding $25,000.

City Approval
Title: Director of Department
Date:________________________________
Date:_______________________________

6. Contractor acknowledges receipt of FO.

Contractor S ignature:

Title: Project Manager
Date:

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CHANGE ORDER REQUEST

CITY OF PALO ALTO

DEPARTMENT OF UTILITIES
_____________________________ Project

Contract Change Order Request
Project Title: Project No.:

Contract Number: Date:

Contractor: Change Order Request No.:

Description of Change Order Request (Attach additional sheets as needed) Reason for Change Order Request:

Description of Work to be Performed:

Requested Change to Contract Sum:

 No cost change: N/A

 Increase cost by $ __________

 Decrease cost by $ __________

Request for Extension of Contract Time (check
one):

 No Change to Contract Time

 Time Extension Requested for ____ days*
o ___ days Excusable Delay
o ___ days Compensable Delay

 Decrease time by ____ days

* Include all information and documentation required by Section

8.5 of the Contract General Conditions. Unless Section 6.3 of the Construction Contract specifies that the Project is to be completed based on working days, any time adjustment will be based on calendar days.

Basis for requested change in cost:

 Unit pricing

 Lump sum: $_____________________________

 Time and Materials not to exceed: * $_________

 Compensable Delay Costs: $________________

 Other:__________________________________

* Final value shall not exceed amount shown without additional written CO authorization. Complete Time and Materials Breakdown on following page.

Reference Documents:*

RFI:

ASI:

Field Order:

Specifications:

Plans:

Other: (specify):

* Provide specific number/section/sheet references as
applicable

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Line
Time and Materials Breakdown
(Reference General Conditions, e.g. Sections 1 and 7.2, for Allowable Costs and markup)
Added Credit
All lines shall be filled in (zero values acceptable)
CONTRACTOR’S WORK

1. Material (attach itemized quantity and unit cost)

2. Labor (attached itemized hours and rates)

3. Equipment (attach invoices)

4. Royalties and Permits

5. Additional insurance and bond costs, not to exceed two percent (2%) of lines 1-4

6. Subtotal (sum of lines 1 through 5)

7. Contractor Markup (Section 1.1.31 of the General Conditions) by Contractor on Extra Work performed by Contactor’s forces, not to exceed ten percent (10%) of line 6

8. Subtotal for Contractor’s Work (sum of lines 6 and 7) SUBCONTRACTED WORK (Provide separate breakdown for each subcontract)1

9. Material (attach itemized quantity and unit cost)

10. Labor (attach itemized hours and rates)

11. Equipment (attach invoices)

12. Royalties and Permits

13. Additional insurance and bond costs, not to exceed two percent (2%) of lines 9-12

14. Subtotal (sum of lines 9 through 13)

15. Contractor Markup (Section 1.1.31 of the General Conditions) by Subcontractor on Extra Work performed by Subcontractor’s forces, not to exceed ten percent (10%) of line 14

16. Subcontractor Markup (Section 1.1.65 of General Conditions) by Contractor on Subcontractor’s Allowable Costs, not to exceed fifteen percent (15%) of line 14

17. Subtotal for Subcontracted Work (sum of lines 14, 15 and 16)

18. TOTAL (sum of lines 8 and 17)

1 Attach additional copies of this page as required to summarize additional subcontracts.

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CONTRACTOR CERTIFICATION: By signing below, the undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order Request are true and correct.

Contractor warrants that this Change Order Request is comprehensive and complete with respect to the Change in the Work described herein, and agrees that any costs, expenses, or time extension request, including, but not limited to, compensation for delay, lost productivity, inefficiency, or disruption, which is not included with this Change Order Request, shall be deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code Sections 12650 et seq.

Submitted by Contractor:

Signature:

By:

Title:

Date:

Construction Manager Recommendation
By:

Title:

Date:

Recommendation:

City Approval – Division Head – Signature required on all Change Order Requests By:

Title: Name
Assistant Director, Department/Division
Date:

Design Consultant Recommendation (If Project has a Design Consultant) By:

Title:

Date:

Recommendation:

City Approval – Department Head – Signature required when any individual Change Order Request exceeds $10,000.

By:

Title: Name
Director of Department
Date:

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Invitation for Bids (IFB) Package 96 Rev. Dec. 2022
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER

CONTRACT CHANGE ORDER

CITY OF PALO ALTO

DEPARTMENT OF UTILITIES
_____________________________ Project

Contract Change Order #
Project Title: Project No.:

Contract Number: Date:

Contractor: Change Order No.:

Description of Change Order
Background Information:

Change Order Justification:

Description of Work to be Performed:

Incorporates Field Order Number(s):

Cost Time
This Change Order will:

 No cost change: N/A

 Increase cost by $ 0.00

 Decrease cost by $ N/A

This Change Order will:

 N ot change time

 I ncrease time by ____ days
o ___ days Excusable Delay
o ___ days Compensable Delay

 D ecrease time by ____ days

Note: Unless Section 6.3 of the Construction Contract specifies that the Project is to be completed based on working days, any time adjustment will be based on calendar days.

The date of completion as of this Change Order is:

______________________________________________

G/L account number (s):

Basis for change in cost:

 Unit price(s)

 Lump sum

Time and Materials

 Compensation for Compensable Delay

 Ot her:

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Invitation for Bids (IFB) Package 97 Rev. Dec. 2022
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER

Contract Change Order – continued
CONTRACTOR CERTIFICATION: By signing below, Contractor agrees that this Change Order constitutes full resolution, settlement, accord and satisfaction with respect to any and all pending or future Claims for cost and extensions of time that we re asserted, or that could have been asserted, in connection with the Work covered by this Change Order, as more fully set forth in Article 7 of the Contract General Conditions.

FAILURE TO EXECUTE: If Contractor fails to execute this Change Order within ten (10) days after it has been submitted for Contractor’s signature or refuses, in writing, to execute the Change Order, the City may unilaterally approve this Change Order as set forth in Article 7 of the Contract General Conditions. Contractor may dispute the terms of a unilaterally- approved Change Order, in whole or in part, by submitting a Claim in accordance with the Dispute Resolution Procedures set forth herein within fourteen (14) days after the Change Order is approved by the City. If Contractor fails to submit a Claim within that 14-day period, with respect to all or part of the unilaterally-approved Change Order, those portions of the Change Order which have not been disputed by timely submission of a Claim shall be deemed to have the same effect as if the Change Order was fully executed by both parties as set forth above.

Accepted for Contractor: Accepted for City of Palo Alto (pending City signature(s) on next page):

By: By:

Title: Title:

Department/Division - Project Manager
Date: Date:

PCO No.

ASI
FO
COR
CO
Description Amount Reason for Change

Total for this Change Order $ 0.00

Scope of Work
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Invitation for Bids (IFB) Package 98 Rev. Dec. 2022
PART 6 – FIELD ORDER, CHANGE ORDER REQUEST, CHANGE ORDER

Document Preparation
By:

Title:

Date:

City Approval – Division Head
Signature required on all Change Orders
By :

Title : Name
Assistant Director, Department
Date:

City Approval – Department Head
Signature required when any individual Change Order exceeds $10,000.

By:

Title: Name
Director of Department
Date:

Contract Change Order – continued
Summary of Amounts Payable Under Contract (For Internal Purposes Only) Original Contract Sum: $ 0.00
Previous Change Orders $ 0.00
This Change Order $ 0.00
Revised Contract Sum: $ 0.00
Compare to:

Original Contract
Authorization: $ 0.00 Contingency: 0.00
Contract Amendment
Authorizations $ 0.00 Contingency added: 0.00
Contingency Authorizations: $ 0.00 Used to date (0.00) Total Authorized Funding: $ 0.00 Balance remaining 0.00 Change Orders shall not be initiated for Council-approved contracts if the revised Contract Sum exceeds the total authorized funding amount.

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Invitation for Bids (IFB) Package 99 Rev. Dec. 2022
PART 7 – SPECIAL PROVISIONS
PART 7

SPECIAL PROVISIONS

IFB NO. 186907
SANITARY SEWER REPLACEMENT PROJECT 31 (SSR31)

These Special Provisions apply to this Project in addition to the IFB Part 5 General Conditions. Terms used in these Special Provisions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.

SECTION 1 – UNDERGROUND SERVICE ALERT (USA)

In addition to the USA requirements in IFB Part 5 General Conditions Section 3.28 and the latest WGW Utility Standards Section 2200, the Contractor shall notify Underground Service Alert (USA at 811) a minimum of ten (10) Working Days in advance of excavation. The Contractor shal l delineate the areas of work with white paint and only request utility markings at those locations where underground work will occur.

SECTION 2
– PIPEBURSTING

During construction for installation of Sewer pipe by pipe bursting where there is a curved al ignment, the Contractor shall determine the appropriate method mentioned in Section 2735 for pipe bursting to ensure designed pipe alignment. Additional potholing needed t o ensure alignment will be outside of standard procedure will be billed under bid item 26.

SECTION 3 – E

NCROACHMENT PERMIT

Caltrans – El Camino Real
The City has obtained the conditional encroachment permit for work on El Camino Real. This permit is attached as Appendix E. The Contractor is required to apply for and obtain a double permit from Caltrans.

The Contractor is responsible for all associated fees, for providing all necessary documents for the double permit and for complying with the requirements to complete the project.

Santa Clara County – Page Mill Road
The City has obtained the conditional encroachment permit (Appendix F) for work on Page Mill Road between 845 Page Mill Road and Ash Street (Sheets 18-20) require an encroachment permit from Santa Clara County. The Contractor is responsible for all associated fees and shal l provide all necessary documents needed to obtain the encroachment permit.

SECTION 4 – P

ROJECT HOURS OF WORK

The work performed in this project is in the right -of-way of the County of Santa Clara and Caltrans. The typical construction hours for this pr oject will adhere to the restrictions detailed in the respective encroachment permits unless otherwise noted below or approved by the Engineer . Refer to Caltrans Encroachment Permit for further time restrictions in work done on El Camino Real . Work performed on Page Mill Road refer to Santa Clara County Encroachment Permit.

Construction activities at intersections shall adhere to the stricter of the two specified hours of work. Traffic shall be fully restored outside the permitted work hours.

Daytime and Nighttime Crews
The Contractor will have two (2) separate crews to preform work during daytime and nighttime on weekdays, until specified nighttime work is completed. Each crew is allowed to work up to forty (40) hours per week.

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Invitation for Bids (IFB) Package 100 Rev. Dec. 2022
PART 7 – SPECIAL PROVISIONS

Work done on Caltrans Right-of-Way that requires one (1) lane closure will be performed as daytime work between 9:00 A.M. and 3:00 P.M.; two (2) lane closures will be performed as nighttime work, as shown in sheet 2 of project plans. All work shall adhere to the restrictions set forth in the encroachment permit , Appendix E.

Work done on County Right-of-Way requires one (1) thru lane at all times and will be performed as daytime work between 9:00 A.M. and 3:00 P.M.; full closures will be performed as nighttime work 10:00 P.M. t o 5:00 A.M., as shown in sheet t wo (2) of project plans. All work shall adhere to the restrictions set forth in the encroachment permit, Appendix F.

Contractor must schedule work accordingly to avoid working on City -specified school routes during the first week of school. No work shall be permitted along school routes during the first week of school, anticipated to begin on August 9th, 2023 through August 11th, 2024. See Appendix A for Anticipated PAUSD Bell Times, 2023-2024 School Calendar Year, and Safe Routes to School.

Holidays
Contractor shall not schedule/perform any work or activities during a City of Palo Alto observed holiday, County observed holiday or Caltrans observed holiday, including one workday before and one work day after a Caltrans holiday.

SECTION 5
– WINTER HOLIDAY SHUTDOWN

Construction activities shall not be performed between December 22 nd, 2023, and January 2nd, 2024, during the City’s winter holiday shutdown. During this shutdown, the City may require the Contractor to remove or relocate its construction equipment and materials from all job sites. The Contractor shall account for the winter holiday shutdown to avoid disputes regarding additional working days or compensation.

SECTION 6 – CITY-SUPPLIED MATERIALS

The City will provide the following material for this project.

Quantity Description of Material
8” PE Pipe
10” PE Pipe
12” PE Pipe
Manhole Frame and Cover

The Contractor shall exclude the cost of material listed in the table above from associated bid items. The Contractor is responsible for coordinating material pick -up with the Engineer. All costs related to material pick-up and transport shall be included in one or more bid items. Material will be stored within the City of Palo Alto at multiple locations. Contractor will be responsible for picking up the required materials from said locations. Contractor to supply all remaining supplies, materials, and incidentals not listed above required to complete the work.

SEC TION 7 – WEEKLY 3-WEEK LOOK AHEAD SCHEDULE

In addition to the monthly overall project schedule update requirement in IFB Part 5 General Conditions Section 3.10, the Contractor shall provide weekly rolling 3 -week look-ahead schedules that are tied to the most current Construction Schedule. The weekly look-ahead must outline detailed activities for the next 3 weeks and be submitted via email to the project engineer for review at least one workday prior to each weekly project meeting.

SECTION 8
– COMPACTION TESTING SCHEDULING

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Invitation for Bids (IFB) Package 101 Rev. Dec. 2022
PART 7 – SPECIAL PROVISIONS
Contractor shall schedule soil compaction tests to be done between the hours of 4:00 AM to 6:00 AM for nighttime work. Compaction testing shall be scheduled following the work hours specified by the appropriate encroachment permit described in Section 4- Project Work Hours for any daytime work.

SECTION 9 – COORDINATION

The Contractor shall be responsible for all operations necessary to complete the Work, including complete coordination with relevant stakeholders including, but not limited to, the City, Caltrans, Santa Clara County, Peninsula Corridor Joint Powers Board, Stanford University, Stanford, Stanford Hospital, Palo Alto Unified School Districts, local schools, school principals, PTA members, Valley Water, San Francisco Public Utilities Commission, City of Los Altos, Purissima Hills Water District, PG&E, appropriate Transit Districts, Subcontractors, VA Hospital, property occupants, and all other c ontractors working in the area. This includes attending meetings with affected parties when required.

Affected bus stops will need to be relocated a nd temporary bus stop signs will need to be placed at the temporary bus stop locations by the Contractor. Prior to the interruption of bus service at a stop, the Contractor shall place notification signs at the bus stop at least (5) days in advance of the planned relocation or at an adequate number of days dictated by the transit agency, whichever is greater. Both the notification and the temporary bus stop signage shall be removed by Contractor after affected bus stops can resume their routes. The contact information of some of the bus service providers is included below.

AC Transit / Dumbarton Express – Submit a form at http://www.actransit.org/customer/contact- us/detour-notification/#constructionevent
SamTrans – 800-660-4287
Palo Alto Crosstown Shuttle – [email protected] | 650 -329-2442 Valley Transportation Authority – [email protected] or [email protected] | 800- 894-9908 Mountain View Go Shuttle – mailto:[email protected]
Caltrain Shuttle – 1-800-660-4287
Access to Caltrain Property – [email protected] Stanford Margurite Shuttle – [email protected] | 650 -723-9362 Stanford Health Care Shuttle – [email protected] | 650 -736-8000

Contractor will need to effectively coordinate with other agencies /contractors that have projects happening within the City’s P roject timeline. Below are the projects the C ity is aware of that the Contractor will need additional coordination with which will require the contractor to adjust the sequence of work as requested by the appropriate city representative during all phases o f the project.

CALTRANS 04-4J89U PROJECT – El CAMINO REAL
This project proposes to cold plane and overlay existing AC pavement, repair localized failed AC pavement, and repair localized failed PCC pavement along SR 82 from 0.5 miles north of SR-237 to Sand Hill Road. This pavement conservation project also proposes to upgrade the existing non- standard ADA curb ramps with new ADA curb ramps in compliance with the American Disability Act (ADA) and complete street elements.

Contact: Eunmi Choi
Caltrans D4- South
408-210-8203
[email protected]

COUNTY OF SANTA CLARA PAGE MILL ROAD IMPROVEMENTS PROJECT Intersection improvements to improve intersection efficiency and reduce queuing impacts. Provide bicycle and pedestrian safety improvements.

Contact: Jamil Salas
408-690-9497
[email protected]

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Invitation for Bids (IFB) Package 102 Rev. Dec. 2022
PART 7 – SPECIAL PROVISIONS

SECTION 10 – NIGHTTIME COMPENSATION FOR SEWER LATERAL, CCTV, AND GPS SURVEY No separate Bid Items were created for Nighttime work to replace sewer laterals, reconnect sewer laterals, preform GPS Survey, or CCTV video inspection. Contractor shall factor in all associated cost to the provided Bid Items.

END OF SECTION

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Attachment B
Bid Date: 2/2/23 Project Title: Sanitary Sewer Replacement Project 31 (SSR 31) IFB# 186907 CIP# WC-19001
Item No. Quantity Unit Description Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 696 LF Replace 6"/8" VCP w/ 8" HDPE (pipe bursting) $362.00 $251,952.00 $510.00 $354,960.00 $600.00 $417,600.00 2 1,450 LF Replace 8"/10"/12" VCP w/ 10" HDPE (pipe bursting) $372.00 $539,400.00 $550.00 $797,500.00 $705.00 $1,022,250.00 3 1,861 LF Replace 10" VCP w/ 12" HDPE (pipe bursting) $382.00 $710,902.00 $590.00 $1,097,990.00 $720.00 $1,339,920.00 4 50 LF Replace 6"/8" VCP w/ 8" HDPE (open trench) $672.00 $33,600.00 $950.00 $47,500.00 $855.00 $42,750.00 5 40 LF Replace 8" VCP w/ 10" HDPE (open trench) $682.00 $27,280.00 $1,050.00 $42,000.00 $865.00 $34,600.00 6 150 LF Replace 10" VCP w/ 12" HDPE (open trench) $692.00 $103,800.00 $1,150.00 $172,500.00 $875.00 $131,250.00 7 21 EA Replace 4" lateral (pipe bursting) $3,000.00 $63,000.00 $5,000.00 $105,000.00 $5,850.00 $122,850.00 8 10 EA Replace 4" lateral (open trench) $4,500.00 $45,000.00 $5,000.00 $50,000.00 $9,750.00 $97,500.00 9 14 EA Replace 4" ACP lateral (open trench) $5,000.00 $70,000.00 $5,000.00 $70,000.00 $11,950.00 $167,300.00 10 2 EA Replace 6" ACP lateral (open trench) $5,500.00 $11,000.00 $5,000.00 $10,000.00 $13,950.00 $27,900.00 11 11 EA Reconnect 4" lateral to new main $1,500.00 $16,500.00 $4,000.00 $44,000.00 $8,750.00 $96,250.00 12 5 EA Reconnect 6" lateral to new main $1,800.00 $9,000.00 $4,000.00 $20,000.00 $9,750.00 $48,750.00 13 2 EA Replace existing 4-inch/6-inch sewer lateral by pipe-bursting method, spanning multiple bounds of traffic $5,000.00 $10,000.00 $8,000.00 $16,000.00 $11,750.00 $23,500.00 14 3 EA Replace existing 4-inch/6-inch sewer lateral, spanning multiple bounds of traffic by open trench method $6,000.00 $18,000.00 $8,000.00 $24,000.00 $19,750.00 $59,250.00 15 24 EA Remove existing MH and replace w/ new 48" MH $10,000.00 $240,000.00 $20,000.00 $480,000.00 $17,775.00 $426,600.00 16 1 EA Remove existing lamphole/flush inlet and replace w/ new 48" MH $10,500.00 $10,500.00 $20,000.00 $20,000.00 $17,775.00 $17,775.00 17 1 EA Installing main lamphole or cleanout $1,000.00 $1,000.00 $8,000.00 $8,000.00 $3,855.00 $3,855.00 18 3 EA Remove existing 48" or 60" MH $2,860.00 $8,580.00 $5,000.00 $15,000.00 $12,885.00 $38,655.00 19 10,924 LF Post cleaning and video inspection of mains $5.00 $54,620.00 $15.00 $163,860.00 $10.00 $109,240.00 20 403 LF Slurry fill (grout) abandoned mains $100.00 $40,300.00 $25.00 $10,075.00 $95.00 $38,285.00 21 60 LF Sag Corrections $460.00 $27,600.00 $1,050.00 $63,000.00 $905.00 $54,300.00 22 1 LS Project as-built GPS survey data collection $25,000.00 $25,000.00 $50,000.00 $50,000.00 $21,750.00 $21,750.00 23 1,791 LF Nighttime Replace 6"/8" VCP w/ 8" HDPE (pipe bursting) $462.00 $827,442.00 $510.00 $913,410.00 $720.00 $1,289,520.00 24 2,762 LF Nighttime Replace 8"/10"/12" VCP w/ 10" HDPE (pipe bursting) $477.00 $1,317,474.00 $550.00 $1,519,100.00 $730.00 $2,016,260.00 25 2,124 LF Nighttime Replace 10" VCP w/ 12" HDPE (pipe bursting) $492.00 $1,045,008.00 $590.00 $1,253,160.00 $740.00 $1,571,760.00 26 17 EA Nighttime Remove /Replace 48" MH $12,000.00 $204,000.00 $20,000.00 $340,000.00 $18,775.00 $319,175.00 27 1 EA Replace Drop MH connection $1,500.00 $1,500.00 $20,000.00 $20,000.00 $19,775.00 $19,775.00 Total of Base Bid (Items 1 through 27 only, with all applicable taxes included) $5,712,458.00 $7,707,055.00 $9,558,620.00
28 10 EA Additional potholing $1,000.00 $10,000.00 $2,000.00 $20,000.00 $3,955.00 $39,550.00 29 10 TON Disposal of excavated soils at Class 1 landfill $120.00 $1,200.00 $250.00 $2,500.00 $555.00 $5,550.00 30 10 TON Disposal of excavated soils at Class 2 landfill $80.00 $800.00 $100.00 $1,000.00 $395.00 $3,950.00 31 200 LF Nighttime replace 6"/8" VCP w/ 8" HDPE (open trench) $772.00 $154,400.00 $950.00 $190,000.00 $965.00 $193,000.00 32 200 LF Nighttime replace 8" VCP w/ 10" HDPE (open trench) $782.00 $156,400.00 $1,050.00 $210,000.00 $975.00 $195,000.00 33 200 LF Nighttime replace 10" VCP w/ 12" HDPE (open trench) $792.00 $158,400.00 $1,150.00 $230,000.00 $995.00 $199,000.00 Total of Add Alternate Bid (Items 28 through 33 only, with all applicable taxes included) $481,200.00 $653,500.00 $636,050.00
Grand Total - Base Bid and Add Alternate Bid (Items 1 through 33, with all applicable taxes include) $6,193,658.00 $8,360,555.00 $10,194,670.00

ADD ALTERNATE BID
Pacific Trenchless, Inc.

Bid Summary
ENGINEER'S ESTIMATE Cratus, Inc.

BASE BID

BID SUMMARY
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6" VCP SAN SEWER
8" VCP SAN SEWER
8" VCP SAN SEWER
8" VCP SAN SEW
ER ABM
# 1900- Jan- 01
8" VCP SAN SEWER
8" VCP

SAN SEWER
ABM# 1900- Jan- 01
1 0" VCP S
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1900- J an- 01
8" V
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1900- Jan-01
8" S
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8" V
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1900- Jan-01
8" V
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1 0" VCP SAN SEWE
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1 0" VCP S
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5' O F 10 " HD PE
10" SAN
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1 0" VCP SAN S
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8" V
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8 " VCP SAN S
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10" SAN
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8" V
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8" VCP SAN S
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10" SAN
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8" VCP SAN SEW
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8" VCP SAN SEWE
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10" SAN SEW
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8" S
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1 0" V
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1 0" V
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1900-Jan- 01
4 ' CI PP
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10" SAN
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10" VC
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8" SA N SEWER
8" VCP SAN SE WER 2008- Dec -02
10" VCP SAN SEWE R
6" V CP SAN SEWER
6" VCP SAN SE WER 1900- Jan- 01
8" V
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6" V CP SA N SEWER
6" VCP SAN SEWER
6" SAN SEWER
8" V
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6" SA N SEWER
6" VCP SAN SEWER ABM# 1900-Jan- 01
6" SA N SEWER
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6" SA N SEWER
10" SAN SEWE R
10" SAN SEWE R
10" SAN
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W
allis Ct
Donald Drive
Encina Grande Drive
Cereza Drive
Los Robles Ave
Villa Vera
Verdosa DriveCampana Drive
Solana Drive
Georgia Ave
Ynigo Way
Driscoll Ct
ngArthur '
Maybell Way
Maybell Avenue
Frandon Ct
Florales Drive
Georgia Avenue
Amaranta Avenue
Amaranta Ct
Ki
sCourt
Terman Drive
Baker Avenue
Vista Avenue
Wisteria Lane
Pena Ct
Coulombe DriveCherry Oaks Place
Pomona Avenue
Arastradero Rd
Abel Avenue
Clemo Avenue
Villa Real
Curtner Avenue
Ventura Avenue
Maclane
Emerson Street
Ventura Court
Park Boulevard
Magnolia Drive South
Cypress Lane (Private)
GlenbrookD
Fairmede Avenue
Arastradero Road
Irven Court
Los Palos CirLosPalosPlace
Maybell Avenue
Alta Mesa Ave
Kelly Way
Los Palos Ave
Suza
nne Drive
Suzanne Drive
rive
El Camino Real
Suzanne CtLorabelle Ct
McKellar Lane
El Cam
ino W
ay James Road
Maclane
Second Street
Wilkie Way
Camino Court
West Meadow Drive
Thain Way
Barclay Ct
Victoria Pl
Interdale Way (Pvt)
West Charleston RoadTennessee Lane
Wilkie Way
Carolina Lane
Tennessee Lane
Park Boulevard
Wilkie Court
Davenport Way
Alma Street
Roosev
Monroe Drive
W
ilkie W
ay
Whitclem Place
Whitclem Drive
Duluth Circle
Edlee Avenue
Dinah's Court
Cesano Ct
Monroe Drive
Miller Ave
Whitclem Way
Whitclem Ct
Ruthelma Avenue
Da
rlington Co
urt
East Charleston Rd
LundyLane
Newberry CtPark Boulevard
George Hood Lane
Alma Street
elt Circle
LinderoDrive Wright Place
StarrKing Ci rcle Dixon Place
Ely Place
Ely Pl
Mumford Pl
East Meadow Drive
Emerson Street
Court
Bryant Street
RooseveltCircle
RamonaStreet
CarlsonCircle
RedwoodCircle
South
Loma Verde Avenue
Waverley StreetSouth CourtBryant Street
Ramona Street
Alma Street
El Carmelo Avenue
Campesino Avenue
Ramona Street
Bryant Street
Cowper Street
South Court
W
averley Street
El Verano Avenue
St Claire Drive
Alger Drive
Ashton Avenue
St Michael DriveSt Michael Drive
Maureen Ave
Cowper Court
Rambow Drive
East Meadow Drive
Ashton Court
Murdoch DriveCowperStreet
Murdoch Ct
St Michael Court
Middlefield Road
Coyote Hi l l Road
Hillview Ave
Hanover Street
Foothill Expressway
Miranda Avenue
College Avenue
Hanover Street
Ramos Way (Private)
Page Mill Road
Hansen Way
Hanover Street
Miranda Avenue
Laguna Ct
Barron Ave
Josina Ave
Kendall Ave
Tippawingo St
Julie CtMatadero Aven
ue
Ilima W
ay
Ilima C
ourt
Laguna Oaks Pl
Carlitos Ct
La Calle
Laguna Ave
Paradise Way
Roble Ridge
LaMataWay
Chimalus
D
rive
Matadero Ave
Paul Avenue
Kendall Avenue
Whitsell Avenue
Barron Avenue
Cass Way
Los Robles Ave
Laguna Way
La Para Avenue
San Jude Avenue
El Centro Street
Timlott Lane
La Jennifer W
ay
Magnolia Drive North
La Donna Avenue
Rinc
Manzana Lane
onCircle
Crosby Pl
Georgia Avenue
Hubbartt Drive
W
illm
ar Drive
Donald Dr
San Jude Ave
Magnolia Drive
Military Way
Arbol Drive
Orme Street
Fernando Avenue
Matadero Avenue
Lambert Avenue
Hansen Way
Margarita Avenue
Matadero Avenue
Wilton Avenue
California Ave
Wellesley Street
Cornell Street
Cambridge Ave
College AvenueWilliams Street
Yale St
Staunton Ct
Oxford AvenueEl Camino Real
Grant Avenue
Sheridan Ave
Jacaranda Ln
El Camino Real
Sherman Avenue
Ash St
Page Mill Road
Mimosa Ln
Chestnut Avenue
Portage Avenue
Pepper Avenue
Olive Avenue
Acacia Avenue
Emerson Street
Park Boulevard
Orinda Street
Birch St
Ash Street
Page Mill Road
Ash Street
Park Blvd
California Ave
Alma Street
Sedro Ln
Peral Lane
McGregor W
ay
Monroe Drive
Miller Court
Driscoll Place
Madeline Court
Page Mill Road
Foothill Expressway
Miranda Avenue
Foothill Expressway
Cerrito Way
Jacob's Ct (Pvt)
CalTrain ROW
CalTrain ROW
Lane 66
West Charleston Road
Lane 66
La Selva Drive
Road El Dorado Avenue
Kipling St
Kipling Street
Margarita Avenue
Lambert Avenue
Matadero Avenue
Wilton Avenue
El Camino Real
Page Mill Road
Alma Street
Maybell AvenueBarron Avenue
Hanover Street
Porter Drive
Hillview Avenue
Foothill Expressway
El Cerrito Road
El Cerrito Rd
Glenbrook Drive
Willmar Drive
Hetch Hetchy ROW
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: May 8, 2023
Report #:2304-1272
TITLE
Approval of a Contract Amendment for Time Only with Romig Engineers, Inc. for Geotechnical Services for the Public Safety Building Capital Improvement Program Project (PE-15001); CEQA:

Environmental Impact Report for the Public Safety Building and the New California Avenue Area Parking Garage (Resolution No. 9772)

RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract Amendment No. 3 to Contract S20176170 with Romig Engineers, to provide geotechnical services for the Public Safety Building project through April 30, 2024 at no additional cost.

BACKGROUND
The New Public Safety Building (PSB) (PE-15001) and New California Avenue Area Parking Garage (Garage) (PE-18000) are among ten key projects included in the 2014 Council Infrastructure Plan. The PSB was identified as the plan’s highest priority project and is tied together with the parking garage project with respect to the California Environmental Quality Act (CEQA). The parking garage opened in December 2020. On February 1, 2021, Council approved the award of the construction contract for the PSB to Swinerton Builders and authorized execution and delivery of one series of Certificates of Participation in an amount not to exceed $120 million to finance PSB construction.1 The PSB construction is estimated to be complete in fall 2023. Romig Engineers’ construction geotechnical services are still required as construction on the PSB continues.

1 City Council, February 1, 2021; Agenda Item # 4, SR #11752, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-11752.pdf
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ANALYSIS
Romig Engineers’ services for the PSB project include evaluation of subsurface materials at the site to provide information for design and construction of excavation shoring and seepage cut- off walls, preconstruction geotechnical services, and construction geotechnical services. Romig Engineers contract S201761702 began on November 8, 2019. The contract term was through November 7, 2022 and was extended by Amendment No. 2 through May 18, 2023. Amendment No. 3 is needed for Romig Engineers to continue to provide construction geotechnical services through the end of PSB construction. The new contract expiration date will extend beyond the anticipated PSB construction completion to provide for potential related but unforeseen geotechnical engineering needs in support of the project.

FISCAL/RESOURCE IMPACT
No additional funding is required for the contract and recommendation in this report. This is a time-only extension that requires Council approval.

STAKEHOLDER ENGAGEMENT
Extensive stakeholder engagement was completed during the PSB design process. No stakeholder engagement was done for this contract amendment.

Palo Alto City CouncilMay 8, 2023

Palo Alto City Council
May 8, 2023