Sacramento City Council
September 24, 2024

City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01515 9/24/2024 Consent Item 8.

Suspend Competitive Bidding and Issue Request for Proposals (RFP) for Department of Utilities (DOU) Lavender Heights Water Main Replacement Project (Two-Thirds Vote Required) File ID: 2024-01515
Location: Citywide
Recommendation: Pass a Motion by two-thirds vote to suspend competitive bidding and allow use of an alternative Request For Proposal (RFP) process for the procurement of construction services for the Lavender Heights Water Main Replacement Project.

Contact: Julia McBride, Associate Engineer, (916) 808-1802, [email protected]; Michelle Carrey, Supervising Engineer, (916) 808-1438, [email protected]; Sherill Huun, Engineering Division Manager, [email protected]; Pravani Vandeyar, Director, (916) 808-3765, [email protected]; Department of Utilities
Presenter: None
Attachments:
1-Description/Analysis
2-Request for Proposal: Appendix A-J
3-Request for Proposal: Appendix K
4-Request for Proposal: Appendix L
5-Request for Proposal: Appendix M-N
6-60% Drawing Plans & Specifications
Description/Analysis
Issue Detail: The City of Sacramento has an ongoing need to expand and upgrade water infrastructure in the Central City Corridor by replacing aging cast iron water mains that have extended past their useful life. The existing 6-inch diameter cast iron water mains in the Lavender Heights area of Midtown, Sacramento (part of the Central City Corridor), are not able to provide sufficient water flow to meet future customer demands or required fire flow. The Lavender Heights Water Main Replacement Project aims to expand and upgrade water infrastructure, help create a more gridded/looped distribution system to move water more efficiently through the system, improve water quality, and increase fire safety.

File ID: 2024-01515 9/24/2024 Consent Item 8.

Staff requests that the City Council suspend competitive bidding, in the City’s best interest, and allow an alternative RFP bidding process for the Lavender Heights Water Main Replacement Project. Use of the alternative process will allow the City to select the most qualified contractor to complete the project within the required scope, schedule, and budget and who will enable the Department of Utilities’ staff to expedite final project design and begin construction during the first quarter of 2025. It will also ensure DOU encumbers the entirety of the awarded Green Means Go Program Grant funding, totaling $1,015,000.

Policy Considerations:

City staff are proposing the use of an alternative competitive procurement process for the contractor selection for the Lavender Heights Water Main Replacement Project. The City’s standard competitive bidding process is based on price alone, provided the contractor meets the minimum qualifications specified to perform the work. An RFP process will allow the City to select the most qualified contractor to perform the work, and who will best meet the project scope, budget, and schedule.

City Code Section 3.56.230(E) allows City Council to suspend competitive bidding for a public project upon a two-thirds vote, if City Council determines that it is in the best interest of the City to do so. City staff believe that it is in the City’s best interest and that an RFP process will provide the best value to City water ratepayers. The proposed process is outlined in the City administrative policy for procurement of public contracts (AP-4002).:
· The City’s standard competitive bidding process requires bidding and contract award to a single contractor based on price alone, provided the contractor meets the minimum qualifications specified to perform the work.

Using the proposed alternative process will allow the City to evaluate and retain the most qualified contractor to complete the project within the required scope, schedule, and budget and who will enable the Department of Utilities’ staff to expedite final project design to the financial benefit of the project, as grant funding is contingent upon meeting specific deadlines. This process can provide the best value to City water ratepayers. The proposed process is outlined in the City administrative policy for procurement of public contracts (AP-4002).

Economic Impacts: None.

Environmental Considerations: This report concerns administrative activities and governmental fiscal activities that do not constitute a “project” as defined by California Environmental Quality Act (CEQA) Guidelines Sections 15378(b) and are not subject to the provisions of CEQA [CEQA Guidelines Section 15060(c)(3)]. The subject project has been reviewed and determined to be exempt from CEQA pursuant to CEQA Guidelines Sections 15301(b) and 15302(c). The project consists of the operation, repair and minor alteration of existing public used to provide public utility

File ID: 2024-01515 9/24/2024 Consent Item 8.
services involving negligible expansion of use [15301(b)]; and the replacement of existing utility systems and facilities involving negligible expansion of capacity [15302(c)].

Sustainability: The proposed project is consistent with the 2040 General Plan Policy PFS-3.10 as it improves infrastructure reliability, which will ensure continued safe operation and maintenance of the water mains.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: The Lavender Heights Water Main Replacement Project design started after the DOU was awarded $1,015,000 in grant funding through the Green Means Go (GMG) Program.

It was brought to DOU’s attention that additional budget cuts to GMG project grant funds may be on the horizon and could start as early as January 2025. To date, 6.2% of the original grant award has been cut from the Lavender Heights Water Main Replacement Project due to State budget cuts. In order to capitalize on the remaining grant funding, the best way forward for the Lavender Heights Water Main Project is to use a Design-Assist contract. This approach will enable DOU to expedite final project design, project construction, and ensure DOU uses the available grant funds.

The use of the RFP process will allow Contractors to submit proposals based upon experience with previous Design-Assist projects and demonstrate their knowledge, skills, and ability to be an active participant in assisting the City of Sacramento in the design and construction phases of the Lavender Heights Water Main Project. An alternative RFP process will also enable the City to select a qualified contractor based on their understanding of the project scope and their experience delivering projects on schedule and on budget.

Financial Considerations: The recommendations in this report do not result in any financial impact to the City. Upon approval of this recommendation and following completion of the RFP process, staff will submit a recommendation to City Council to authorize the City Manager to execute a Design Assist Contract with the selected contractor.

Local Business Enterprise (LBE): Pursuant to City Code 3.64.010, there will be a Local Business Enterprise Participation Requirement for this solicitation.

REQUEST FOR PROPOSALS

FOR THE

CITY OF SACRAMENTO

LAVENDER HEIGHTS WATER MAIN

REPLACEMENT PROJECT
Bid Transaction # P24141322041
Issue Date: September 4, 2024

RFP SUBMITTAL DEADLINE
September 25, 2024, 2:00 PM PDST
Submit Proposal Electronically Via:
http://www.planetbids.com/portal/portal.cfm?CompanyID=15300

VOLUNTARY PRE-SUBMITTAL/WALK-THROUGH MEETING
September 9, 2024, at 9 AM
Intersection of 20 th St and Improv Alley ,
Sacramento, CA 95811
Questions regarding this Request for Proposal shall be directed via PlanetBids only per the instructions and deadlines outlined in the RFP timeline below.

City of Sacramento – RFP
Bid # P24141322041
Lavender Heights WM
Replacement Project Page 1

TABLE OF CONTENTS
I. Introduction ................................ ................................ ................................ ................................ ... 2 II. Scope of Services ................................ ................................ ................................ ...................... 2-3 III. Submittal ................................ ................................ ................................ ................................ ........4 IV. Mandatory Pre-Submittal meeting. ................................ ................................ ...................... 4 V. Tentative Design-Assist Team Selection Schedule ................................ .......................... 5 VI. Question Submittal Period ................................ ................................ ................................ ....... 5 Appendix A – Submittal Requirements
Appendix B – General Information
Appendix C -Evaluation Criteria Worksheet
Appendix D – Special Provisions
Appendix E – Supplemental Questions
Appendix F – Pre-Construction Services Fee and Hourly Rates Form (Submit via PlanetBids as “Design-Assist Fee Proposal”) Appendix G – Sample Guaranteed Maximum Price Form (To be submitted after the preconstruction services are completed and
the design is complete.)
Appendix H – Local Business Enterprise (LBE) Requirements Appendix I – Project Schedule
Appendix J – Community Workforce and Training Agreement Appendix K– Sample Design Assist Contract- Final to be negotiated once contractor/consultant is selected
Appendix L – 60% Drawing Plans and Divisional Specifications Appendix M - Memorandum of Understanding between Sacramento Area Council of Governments and the City of Sacramento
Appendix N – Labor Compliance Requirements for Inspections Services, Material/Soil Testing, and Surveying Services
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Bid # P24141322041

REQUEST FOR PROPOSALS
FOR
Lavender Heights Water Main Replacement Project
I. INTRODUCTION/BACKGROUND
The City of Sacramento is issuing a Request for Proposals (RFP) for construction firms interested in pre- construction services as well as construction of the Lavender Heights Water Main Replacement (WM) Project.

The existing 6-inch diameter cast iron water mains in the Lavender Heights area of Midtown, Sacramento (part of the Central City Corridor), have extended past their useful life and are not able to provide sufficient water flow to meet future customer demands or required fire flow. The Lavender Heights Water Main Replacement Project aims to expand and upgrade water infrastructure, help create a more gridded/looped distribution system, improve water quality and move water more efficiently through the system.

Additionally, the existing water mains are also inadequate to accommodate meaningful residential densification. This project will upgrade and upsize the existing infrastructure in parts of the Central City Corridor, allowing for growth. Proper infrastructure must be developed in order for the City to expand housing opportunities for all socio-economic groups. Future plans include developing thousands of units of infill housing, which will contribute to a more vibrant and active center thus stimulating public spaces, stores, restaurants, and cultural and entertainment venues.

The project consists of upsizing approximately 2,100 linear feet of existing 6-inch main to 8-inch main between 20th and 23rd Street in Improv Alley, 20th and 22nd Street in Jazz Alley, and constructing an additional approximately 1,300 linear feet new 8-inch main along 20th and 22nd Streets between Kayak Alley and Improv Alley. Replacing and upsizing these aging water mains will not only improve flow capacity through the area and ensure fire safety, but also reduce water loss and help meet more stringent water loss regulations.

This project will serve as a pilot for testing a trenchless construction method known as pipe bursting.

Pipe bursting is particularly attractive for construction in urban environments where fewer disruptions to businesses, homeowners, and traffic are preferred, as it does not require as extensive excavation, but instead uses the existing pipe as a conduit for replacement. There are several advantages to pipe bursting construction, these include: reduced design and construction costs and schedule, lower risk of damage to nearby infrastructure, reduced pavement restoration needs, shorter service shutdowns, if any, and decreased environmental impacts to streams and natural resources. For this project, the upsized water main pipe will be installed using pipe bursting and the additional new water main will be installed using open cut construction. Open cut construction must be used when there is not an existing pipe to be replaced.

Pipe bursting construction has been employed for more than 30 years and has been used as part of sanitary sewer replacement projects for the City, but this is the first time it will be used for a water main Lavender Heights WM
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Bid # P24141322041
replacement project. This pilot project aims to explore the pipe bursting construction method for replacing old water mains. Using pipe bursting construction as part of this project will enable City engineering and O&M staff to become more familiar with the construction method and identify other site locations and projects the method would be advantageous. This will be the first step in developing our robust Pipeline Rehabilitation & Replacement (R&R) Program which will be implemented in the coming years. The City has approximately 250 miles of cast iron water main that has exceeded it’s useful life and will be replaced as part of the R&R Program.

The City has developed the design of the Lavender Heights WM Project and will be involved with the project through completion and serve as the Engineers of record. The City has completed 60% Plans and 60% Specifications (PS). The 60% PS package is attached in Appendix L for reference and to assist the contractor in preparing their proposal to this RFP.

The City is utilizing an RFP process to select a Design-Assist contractor to work collaboratively as a design assist team. We are looking to engage a contractor that will work with the already established in- house design team in order to complete both the design and construction phases of the Project. The use of the RFP process will allow Contractors to submit proposals based upon experience with previous Design-Assist projects and demonstrate their knowledge, skills, and ability to be an active participant in assisting the City of Sacramento in the design and construction phases of this project.

The City’s selection committee will evaluate each submittal based on qualifications, experience, and project approach. Following ranking by the selection committee, and possibly interviews, the City will open the attached document that was submitted through Planet Bids containing the Pre-Construction Services Fee and Hourly Rates form from the highest-ranked firm. Negotiations for project rate and fee will occur, if necessary.

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Bid # P24141322041
II. SCOPE OF SERVICES
The project scope involves:

Pre-construction - The City is interested in securing a team of professionals that are familiar with Design- Assist project delivery as well as experience developing innovative solutions. Experience working with a design team prior to completion of construction drawings will be a significant part of the selection process.

The selected contractor will work closely with the City of Sacramento to develop a project that meets the City’s objectives in quality and scope within the budget and schedule. The contractor will be required to competitively bid all sub-contractor services for this project.

A successful candidate will have experience coordinating and constructing potable water pipeline projects, as well as organizing, implementing, and maintaining aggressive construction activities. The selected firm will be required to execute a contract with liquidated damages for failure to complete phases of the work within scheduled deadlines.

A successful candidate will provide constructability / schedule reviews, pre-construction utility potholing as needed, and assist in the identification and advanced purchase of long-lead items. The selected firm will provide pre-construction design support services to be further defined in this RFP and at time of contract negotiation. The cost of those services shall be included by completing the Pre- Construction Services Fee and Hourly Rates Form, for preconstruction services, located in Appendix F.

Regulatory and Design Requirements – All improvements to the City Water System shall be designed and constructed to meet the applicable and current requirements of the following standards:
• The City of Sacramento Standard Specifications,
• Title Chapter 13.04 of the Sacramento City Code,
• Applicable provisions of the Uniform Plumbing Code,
• Cross Connection Control Policy of the City of Sacramento Department of Utilities, • Requirements of the California Environmental Protection Agency, State Water Resources Control Board, Division of Drinking Water (DDW) relating to domestic water supply, particularly the applicable provisions of California Statutes Related to Drinking Water contained in Title 17 and 22, California Code of Regulations, and Guidance Memo 2003-02, • American Water Works Association design standards,
• California Safe Drinking Water Act,
• NSF/ANSI Standard 61.

Budget – The project has an estimated construction budget of approximately $3 million. The Design- Assist contractor will provide detailed value engineering recommendations to the City for review with the intent of meeting the project’s budget. As part of this project, the City has received $1,015,000 in grant funding through the Green Means Go (GMG) Program for the water main improvements.

Pre-Construction Schedule – The design was started in April 2024 and is scheduled for completion in February 2025. Refer to Appendix I for a basic Pre-Construction Schedule.

Construction Schedule - Construction is anticipated to begin March of 2025 and be completed in December 2025. In addition, the contractor’s assistance will be crucial in developing a construction Lavender Heights WM
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Bid # P24141322041
schedule to meet the construction time frame. Through GMG grant funding, the project is required to be completed by June 30, 2026.

Scope will include the following, but not limited to:
▪ Survey of existing field conditions.
▪ Pre-construction utility potholing.
▪ Design Assistance and coordination with DDW.
▪ Detailed constructability review of the design documents to ensure the project is biddable and constructable to ensure unnecessary change orders are avoided. ▪ Cost Estimating.
▪ Value Engineering.
▪ Scheduling.
▪ Coordination and development of phased construction sequence to minimize the impact to businesses, residents, and pedestrian/vehicular traffic in project area. ▪ Construction coordination with Public Outreach subconsultant and all tenants and events in the project area.
▪ Identification of long-lead items that would impact the construction schedule. ▪ Develop a Guaranteed Maximum Price (GMP) acceptable to the City. (This is to be completed after the project is fully designed)
▪ Securing all permits. (City will pay for permits identified during the preparation of the GMP) ▪ Complete construction of all water main improvements. Including but not limited to all services, equipment, materials, and labor for the complete and proper installation, testing, and restoration of underground water mains and environmental protection and restoration. ▪ Coordinating all inspection and testing.
▪ Securing all temporary and permanent occupancy permits. ▪ Additional scope as defined in the attached draft contract.

The above Scope of Work shall be included and expanded on once the contract is developed. It will be an attachment to the contract.

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Bid # P24141322041
III. SUBMITTAL
A. Qualified Contractors are invited to submit proposals to provide the necessary services.

Teams responding to this RFP shall submit:

1. Proposals must be submitted through PlanetBids by the deadline . The City is not responsible for circumstances or technical difficulties that prevent the RFP from being submitted. It is recommended that all RFPs be submitted early to allow for unforeseen issues. Late submissions will not be considered. The guidelines listed below were developed to standardize the preparation of Proposals by contractors. The guidelines help to ensure consistency in format and content of Proposals that are submitted to the City.

This process will reduce the time required to prepare Proposals and will simplify the review process by the Selection Committee. Proposals shall contain no more than 15 single-sided 8½” x 11” pages (not counting dividers). All pages shall be numbered. A table of contents and index dividers shall be included for ease of review by the selection committee. (See Appendix A for additional details).

2. Contractors shall attach a separate document in Planet Bids “Design -Assist Fee Proposal”. Design-Assist Fee Proposal shall include a completed copy of the Pre- Construction Services Fee and Hourly Rates Form included in this RFP (Appendix F ). The Pre-Construction Services Fee shall be comprehensive and include the contractor’s costs for all required Design-Assist services, as specified in this RFP.

IV. VOLUNTARY PRE-SUBMITTAL/WALK-THROUGH MEETING
A voluntary pre-submittal/walk-through meeting will be held September 9, 202 4, 9 AM PDST, at the intersection of 20th St and Improv Alley , Sacramento, CA 95811.

Participation in the voluntary pre-submittal / Site visit meeting is strongly encouraged. The City will not be preparing and distributing meeting minutes summarizing the site visit.

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Bid # P24141322041
V. TENTATIVE CONTRACTOR SELECTION SCHEDULE
Release Request for Proposal September 4, 2024
Voluntary Pre-submittal Site Visit/Meeting September 9, 2024 Deadline for Questions September 11, 2024
Last day to issue an addendum September 18, 2024
Proposal Due Date September 25, 2024
Short List Interviews (If required) October 7-8, 2024
Notice to Proceed November 2024
VI. SUBMITTAL OF QUESTIONS
The City will not respond to verbal questions or phone calls concerning this RFP. Written questions must be submitted via PlanetBids website where the RFP has been posted under the “Q&A” tab.

Deadline for Submittal Questions is September 11, 2024, at 2:00 PM. Questions will not be accepted after this deadline. All written questions will be answered via an addendum after the deadline for questions has passed.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

APPENDIX A

SUBMITTAL REQUIREMENTS

INTRODUCTION
The guidelines listed below were developed to standardize the preparation of proposals by Design- Assist Teams. The guidelines help to assure consistency in format and content of proposals that are submitted to the City. This process will reduce the time required to prepare a proposal and will simplify the review process by the Selection Committee.

The proposal shall contain no more than 1 5 single-sided 8½” x 11” pages (not counting dividers , references, or staff resumes ) font 11-point or larger . All pages shall be numbered . A table of contents and index dividers shall be included for ease of review by the selection committee. Drawings provided with the submittal shall not exceed 11”x17”.

Pre-Construction Services Fee and Hourly Rates Form for the pre-construction work on the project (Appendix F).

REQUIRED DETAIL
Firms are required to address the following questions by the deadline set forth on the cover sheet of this RFP to be considered responsive. Each submittal shall include at a minimum, the RFP transaction number, project name, company name, and the following components in the order listed below:

1. Introductory Letter This letter should be addressed to:

City of Sacramento
Department of Utilities
Engineering and Water
Resources
1395 35th Ave
Sacramento, California
95822
Attn: Julia McBride
The introductory letter shall contain the following required components:

Provide a one-page cover letter indicating the Contractor contact person and an expression of the firm’s interest in working on this project. This letter shall indicate the name, address, telephone number and email address of the contact person should further information be required. The letter should also include whether the firm will be using, or anticipate the potential of needing to use, any subcontractors.

This letter should reflect the firm’s project understanding and summarize critical issues. It shall also recognize the requirement to meet critical project deadlines, challenges, and any summary information that may be useful to the City.

A statement regarding the qualifications and experience of the firm to do the work including if the firm has been continuously in business as a licensed contractor in the State of California for the Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041
past five (5) years.

The letter must also acknowledge any addendums provided on the City of Sacramento’s Online Bid Portal PlanetBids.

2. Signature
The cover letter must be signed by an official authorized to bind the prospective firm contractually and contain a statement that the submittal is a firm offer for a 90-day period.

The signed cover letter constitutes certification by the prospective firm, under penalty of perjury, of the debarment and suspension certificate required under Part 29, Title 49, CFR, and also constitutes certification under penalty of perjury, that the prospective firm complies with non- discrimination requirements of the State and the Federal Government.

3. Office Location
Please describe the office location where the majority of the pre-construction work will be performed.

4. Table of Contents and Index Dividers.

Include a Table of Contents and Index Dividers for ease of reviewing.

5. Organizational and Operational Chart
Provide an organizational and operational chart, including the contractor’s entire team for this project and hierarchy.

6. Qualifications and Experience of Team.

Clearly identify and describe how the project manager and the specific team members are qualified for this project. List any previous experience that uniquely qualifies the team for this type of project.

It is the responsibility of each firm submitting an RFP to develop its own team organization to efficiently and effectively meet the RFP requirements. Firms responding to this RFP shall indicate specific project assignments of each of the Team members and demonstrate conformance to the qualifications described herein.

The selected Firm must have a minimum of five (5) years of experience with Design-Assist and/or Design-Build project experience and provide references from successful past projects.

The selected Firm must have a minimum of five (5) years of experience with the construction of potable water main pipelines. Construction experience must include both open cut construction method and pipe bursting construction method. In addition, firms should possess a current California Contractor’s Class A – Engineering License.

Firms which hold a current California Contractor C-34 License will be awarded extra points as part of the selection and evaluation process. Firms which do not hold this license are not disqualified from participating and submitting a proposal. This is an optional criteria item. • Personnel identified as pipe bursting contractor must possess the following qualifications:

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041
o At least three (3) years of water main pipe bursting experience. o At least five (5) successful self-performed pipe bursting projects to install product pipe of a similar nominal diameter and length within the past two (2) years. o All machine and equipment operators shall be experienced in comparable pipe bursting work and shall have been fully trained in the use of the proposed equipment by an authorized representative of the equipment manufacturer(s) or their authorized training agents and be able to provide certifications. o Fusion equipment operators and technicians shall have received fusion training within the past two (2) years and be able to provide certification of current, formal training on all fusion equipment employed on the project, including training and proper use of the data logging device on the equipment. • Personnel identified as open cut contractor must possess the following qualifications:
o At least five (5) years of water main open cut experience. o At least five (5) successful self-performed open cut projects to install product pipe of a similar nominal diameter and length within the past two (2) years. o Sheeting and shoring installer must have a minimum of five successful past installations of shoring systems of comparable overall heights and comparable penetration of soils similar to those found on the project site.

7. Letter of Commitment from Surety
Provide a letter of commitment from the contractor’s Surety agent that states the firm is bondable for this project for an amount up to $3 million.

8. Answers to Supplemental Questions
Fully respond to all questions listed in Appendix E.

9. References
Firm shall have experience successfully completing at least five (5) projects or contracts within the past five (5) years for the construction of potable water mains using both open cut construction and pipe bursting construction methods. The following information shall be provided for each project listed:
a) Name of potable water distribution system owner
b) Contact name
c) Current telephone number (failure to provide current contact information may result in the listed project being disqualified for use in meeting the minimum requirements for qualification)
d) Brief description of work conducted
e) Duration of the contract and date of completion
f) List of key personnel and their roles (preferably personnel listed within this proposal)

10. Conflict of Interest Statement & Requirements
The prospective consultant shall disclose any financial, business or other relationship with the City that may have an impact upon the outcome of this consultant services contract. The prospective consultant shall also list current clients who may have a financial interest in the outcome of this consultant services contract.

Lavender Heights WM
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Bid # P24141322041
A. Generally. Under the California Political Reform Act, Government Code §§ 81000 et seq., designated employees of the City are required to comply with the City’s Conflict of Interest Code. The term “designated employees” is a term of art and includes individuals working for contractors providing services or performing work for the City, if such individuals are considered to be “consultants “under the Political Reform Act. The ter m “consultant” generally includes individuals who make, or participate in making, governmental decisions or who serve in a staff capacity. Individuals who perform work that is solely clerical, ministerial, manual or secretarial are not “consultants.” The City’s Conflict of Interest Code requires individuals who qualify as “consultants” to file the following statements of economic interests with the City:
(1) An “assuming office” statement of economic interests to be filed within 30 days after execution of the contract between the City and the contractor. (2) Annual statements of economic interests while the contract remains in effect, to be filed not later than April 30 of each year; and
(3) A “leaving office” statement of economic interests to be filed within 30 days of completion of the contract.

The above statements of economic interests are public records subject to public disclosure under the California Public Records Act.

The City’s Conflict of Interest Code also requires individuals who qualify as “consultants” under the Political Reform Act to comply with the conflict- of - i n t e r e s t provisions of the Political Reform Act, which generally prohibit individuals from making or participating in the making of decisions that will have a material financial effect on their economic interests.

Pursuant to Sacramento City Code Section 3.60.180, the Contractor is required and agrees to pay the State of California, Department of Industrial Relations prevailing wage rates for covered trades employed. The prevailing wage rates may be found at http://www.dir.ca.gov/dlsr/pwd/. For job/task orders of $30,000 or greater, the Contractor agrees to utilize apprentices, as required by the State of California Labor Code. Contractor and every lower-tier subcontractor shall submit certified payrolls and labor compliance documentation electronically when and as required by City. Contractor is responsible for compliance with Sacramento City Code section 3.60.180 and shall include these requirements in every subcontract or subcontract. This Agreement is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.

B. Conflict of Interest Statements. The standard contract attached to this RFP indicates whether or not the individual(s) who will provide services or perform work pursuant to the contract will be considered “consultants” within the meaning of the Political Reform Act and the City’s Conflict of Interest Code. The submission of a proposal in response to this RFP constitutes the proposer’s acknowledgement and contract that, if the propose r is Lavender Heights WM
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Bid # P24141322041
awarded the contract by City, the individuals who will provide services or perform work pursuant to the contract will not have a conflict of interest under the City’s Conflict of Interest Code.

In addition, if the proposer is awarded the contract by City, such proposer shall cause the following to occur within 30 days after execution of the contract:
(1) The proposer shall identify the individuals who will provide services or perform work under the contract as “consultants” within the meaning of the Political Reform Act and the City’s Conflict of Interest Code;
(2) The proposer shall cause these individuals to file with the City Representative identified in the contract the “assuming office” statements of economic interests required by the City’s Conflict of Interest Code.

Thereafter, throughout the term of the contract, the proposer shall cause these individuals to file with the City Representative annual statements of economic interests, and “leaving office” statements of economic interests, as required by the City’s Conflict of Interest Code.

The City may withhold all or a portion of any payment due under the contract until all required statements are filed.

11. Insurance Coverage
List current insurance coverage for the lead firm. Provide insurance carrier’s name and level of coverage for General Liability, Auto Liability, and Professional Liability. Also, state policy number and effective date of Workers’ Compensation coverage.

12. Addenda and Additional Information
Addenda related to this RFP must be acknowledged in writing. RFP submittals missing acknowledgement of any addendum or information requested in this RFP may be considered non-responsive and the firm may be eliminated from evaluation.

13. Comments Concerning Sample Contract in the RFP
Please provide comments or concerns relating to the sample contract in the RFP (Appendix K). The City shall only entertain changes to the “Scope of Services” detailed in Attachment 1 to Exhibit “A”.

Insurance and indemnity language changes will not be approved by the City.

14. Current, pending and recently completed litigation or arbitration.

Lead firms are required to list all litigation and arbitration actions for current projects, pending projects and projects completed within the last 5 years.

15. Pre-Construction Services Fee and Hourly Rates Form in Separate Attachment.

Completely fill out the Pre-Construction Services Fee and Hourly Rates Form, for pre- construction services, in Appendix F.

Failure to provide the Design-Assist Fee Proposal as required above may result in the firm being eliminated from evaluation.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

CITY'S RIGHTS, OPTIONS, AND POLICIES
• The City reserves the right to decide that one team is more responsive than the others and to make a selection after review of the Proposals only. • The City reserves the right to modify any portion, postpone, or cancel this RFP at any time, and/or to reject any and all submissions without indicating any reason. No submission documents will be returned.
• The City reserves the right to reject individual team members, firms, sub - contractors and request substitution without indicating any reason prior to contract award.
• No compensation is offered for any work related to this selection process.

Submissions are entirely voluntary. All original documents including electronic files become the property of the City of Sacramento. If any submission is late or incomplete in any way, that Team may be eliminated from consideration.

Materials contained in each proposal will be considered proprietary until selection.

Following selection, however, the contract scope of work may be amended by the City and negotiated based upon ideas provided by any source.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

APPENDIX B

GENERAL INFORMATION

1. Contractor Selection Process
The contractor selection process is described below.

A. After the period has closed for receipt of submittals, each submittal will be examined to determine compliance with the format requirements specified in the RFP. Any submittal that does not meet the mandatory requirements may be eliminated from competition. The City may reject any submittal if it is conditional, incomplete, or contains irregularities. The City may waive any immaterial deviation in a submittal. Waiver of an immaterial deviation shall in no way modify the Request for Submittal documents or excus e from full compliance with the contract requirements if the Contractor is awarded the contract. All mandatory requirements must be met, or the submittal may be deemed non-responsive and eliminated from evaluation.

B. A Contractor Selection Panel (CSP) will r e v i e w each submittal that m e e t s the mandatory requirements. CSP members will individually evaluate and score each submittal in accordance with the Evaluation Criteria Worksheet shown in Appendix C.

C. Following independent evaluation of the written submittal, the highest scoring Design- Assist teams may be requested to participate in an interview. After interviewing each Contractor, the CSP will make a final selection. However, the City reserves the right to choose the Contractor based on the written proposal only and forego the interviews.

D. The Department of Public Works will request that the top ranked Contractor enter negotiations. If contract is reached, the Contractor will be recommended for award, subject to approval by the City Council and contract execution by the City Manager. If contract cannot be reached with the top ranked firm, the Department of Public Works will close negotiations and may enter negotiations with the second ranked Contractor and so on.

2. Late Submittal
A submittal is late if received at any time after the required submittal date and time at the location specified in this RFP. A late submittal will not be considered for evaluation by the selection committee and will be deemed non-responsive.

3. Modification or Withdrawal of Submittal
Any submittal received prior to the date and time specified in this RFP for receipt of submittals may be withdrawn or modified by written request of the proposer. To be considered for evaluation by the selection committee, however, the modified submittal must be received by the time and date at the location specified in this RFP.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

4. Signature
The submittal shall be transmitted with a cover letter that must be signed by an official authorized to bind the prospective Contractor contractually and contain a statement that the proposal is a firm offer for a 90-day period.

The signed cover letter constitutes certification by the prospective Contractor, under penalty of perjury, of the debarment and suspension certificate required under Part 29, Title 49, CFR, and also constitutes certification under penalty of perjury, that the prospective Contractor complies with non-discrimination requirements of the State and the Federal Government.

5. Property Rights
A submittal received within the prescribed deadline becomes the property of the City and all rights to the contents therein become those of the City.

6. Amendments to Request for Proposals
The City reserves the right to amend the RFP by addendum prior to the final submittal deadline.

The City also reserves the right to extend the submittal due date, or to cancel this RFP at any time.

7. Non-Commitment of City
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a submittal for this request, or to procure or contract for services. The City reserves the right to accept or reject any or all submittals received as a result of this request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the RFP if it is in the best interests of the City to do so.

8. Award of Contract
It is anticipated that compensation under any contract resulting from this Request for Proposals (RFP) will be on a Fixed Cost basis with a not-to-exceed amount. Negotiations to establish the contract amount shall take place after the selection process is completed.

Any contract awarded as a result of this RFP will be awarded without discrimination based on race, color, religion, age sex, or national origin.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041
The prospective Contractor will be required to adhere to the provisions of a fully executed contract.

Provisions of the contract shall be based on a standard Design-Assist contract approved by the City Attorney. Appendix K is a sample of this standard Design-Assist contract.

9. Execution of Contract
The prospective Contractor is advised that should this RFP result in recommendation for award of a Design-Assist contract, the contract will not be in force until it is approved and fully executed by the City.

10. Public Domain
All products used or developed in the execution of any contract resulting from this RFP will remain in the public domain at the completion of the contract.

11. Coordination
Coordination of Contractor and City activities will be accomplished through a Design- Assist Project Manager and the City Project Manager. The Design-Assist Project Manager shall not be removed from the project during the course of work without City approval.

The Contractor shall carry out instructions as received from the City Project Manager and shall cooperate with the City and any other consultants or contractors working on the project.

It is not the intent of the foregoing paragraph to relieve the Contractor of its professional responsibility during the performance of this contract. In those instances where th e C o n t r a c t o r believes a better plan, methodology or solution to the problem is possible, the Design-Assist Project Manager shall promptly notify the City Project Manager of these concerns, together with the supporting justification.

12. City’s Rights, Options, and Policies
• The City reserves the right to decide that one team is more responsive than the others and to make a selection after review of the Proposals only. • The City reserves the right to modify any portion, postpone, or cancel this RFP at any time, and/or to reject any and all submissions without indicating any reason. No submission documents will be returned.
• The City reserves the right to reject individual team members, firms, sub-contractors and request substitution without indicating any reason prior to contract award. • No compensation is offered for any work related to this selection process. Submissions are entirely voluntary. All original documents including electronic files become the property of the City of Sacramento. If any submission is late or incomplete in any way, that Team will be eliminated from consideration.
• Materials contained in each proposal will be considered proprietary until selection.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041
Following selection, however, the contract scope of work may be amended by the City and negotiated based upon ideas provided by any source.

No compensation is offered for any work related to this selection process. Submissions are entirely voluntary. All original documents including electronic files become the property of the City of Sacramento. If any submission is late or incomplete in any way, that Team will be eliminated from consideration.

Materials contained in each proposal will be considered proprietary until selection. Following selection, however, the contract scope of work may be amended by the City and negotiated based upon ideas provided by any source.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

APPENDIX C

EVALUATION CRITERIA WORKSHEET

REQUEST FOR PROPOSALS FOR

LAVENDER HEIGHTS WM PROJECT

WRITTEN PROPOSAL MAXIMUM
POINTS

REVIEWER
SCORE

1. Introductory Letter (quality and content) 5

2. Experience 30

3. Performance 25

4. Disputes and resolutions 10

5. Schedule 20
I

6. Project Closeout 5

7. Firm Certified as an LBE by the City of Sacramento – 5% Preference 5 Written Proposal Score 100

GRAND TOTAL POINTS
MANDATORY REQUIREMENTS**
Cover letter is signed by an official authorized to bind the prospective firm YES OR NO LBE Requirements Acknowledged. YES OR NO
Letter of commitment from Surety is included YES OR NO
Firm acknowledges all Addenda. YES OR NO
**FAILURE TO MEET THE MANDATORY REQUIREMENTS MAY RESULT IN A NON-RESPONSIVE SUBMITTAL AND

THE FIRM MAY BE ELIMINATED FROM FURTHER CONSIDERATION
Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

APPENDIX D

SPECIAL PROVISIONS

1. Record Retention
The Consultant agrees to keep proper books of records and account in which complete and correct entries will be made of payroll costs, travel, subsistence and field expenses. Said books shall, at all times, be available for at least three (3) years after final payment for reasonable examination by the City.

2. Accuracy and Completeness
The design assist team has total responsibility for the accuracy and completeness of the investigations, calculations, reports, plans, and related work prepared for the Project and shall check all such material accordingly. The information will be reviewed by City for conformity with Project objectives and compliance with City and State Standards. The responsibility for accuracy and completeness of all items remains solely with the design assist team.

5. Documentation
The Consultant shall document the results of all work to the satisfaction of the City. This may include, but not be limited to, preparation of progress and final reports, recommendations, and other records as required.

6. Ownership of Documents
All documents prepared or obtained under this RFP shall be delivered to and become the property of the City.

7. Copyrights
The Consultant shall not have copyrights of reports, materials, or products created, produced, or resulting from this Contract.

8. Changes in Work
The City reserves the right to change the Scope of Work as necessary. In the event that such a change would materially change the amount or character of the work reasonably considered necessary to perform under the original scope of this Contract, a contract adjustment shall be negotiated based upon the estimated number of hours the revised or added task would consume.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

APPENDIX E

SUPPLEMENTAL QUESTIONS
A. EXPERIENCE (Maximum of 30 Points)

1. Identify at least three projects that your company has completed within the past ten years that demonstrates your firm’s ability to execute this project. Provide client names and telephone numbers. List your firm’s project manager and key team members responsible for daily activities on each project.

Provide a project description, location, construction budget, schedule, completion date, Change Order Value, time extensions, liquidated damages, labor compliance fines and the percentage of work physically completed by your firm.

2. The project does include some accessibility improvements. Describe specific actions and programs your Project Manager has implemented to monitor and ensure quality and exact execution is achieved pursuant to the accessibility requirements.

3. Describe specific actions and programs your Project Manager has implemented to monitor and ensure critical schedule milestones was achieved.

3. Describe specific actions your Project Manager has taken to ensure construction activities avoid conflict with on-going operation of existing facilities and adjacent businesses.

4. Describe the construction sequencing used for successful pipe bursting construction on past projects.

Include the type of equipment used, methodology, approaches and any challenges encountered including how your team responded to them.

B. PERFORMANCE (Maximum of 25 Points)

1. How many punch list items were listed for completion for the project’s identified in question A.1, How many weeks were required to complete the punch list items for the projects?

2. List the initial construction contract amount, the change order total and the number of change orders for the projects listed in question A.1 above.

3. List the original contract time and the time extensions granted for the projects listed is question A.1 above.

4. List the number of RFI’s issued for each project listed in question A.1 above.

5. Explain the quality control process you will use for construction. Give reasons why this process has proven successful on previous projects and why this will benefit this project.

6. The City requires complete as-built construction documents at the end of the project. Explain the process your firm will use to ensure that complete and correct as-built documents are submitted to the City at the end of project?

7. Identify critical issues you believe need to be addressed to assure overall project success and explain what your firm would do to address these issues
Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041
C. DISPUTES AND RESOLUTIONS (Maximum of 10 Points)

1. Explain your recommended approach to resolving disagreements with the City and/or City consultants.

Site specific examples from previous projects completed by the firms designated Project Manager.

2. Explain how the designated team has addressed issues of construction quality, design document quality, as well as cost and schedule control on previous projects they have managed.

D. SCHEDULE (Maximum of 20 Points)

1. Provide a preliminary design and construction schedule reflecting key tasks for this project. Identify potential risk periods in the schedule and explain how you propose to monitor your schedule and communicate impacts and issues with the City?

2. If your firm were to fall three weeks behind on the schedule, regardless of the source of the impact. What steps would you take to get the project back on schedule?

3. Identify any critical information, material or equipment that might need to be obtained ahead of schedule, and what process your firm would follow to secure this information, material or equipment?

4. How would you define substantial completion and what measures would you undertake to finalize and obtain the certificate of occupancy? Provide examples.

E. PROJECT CLOSE-OUT (Maximum of 5 Points)

1. What process do you utilize to assure that punch list items will be corrected within 30 days of substantial completion?

2. Your subcontractor claims that a punch list item is really a request for additional work and not part of their contract. The City disagrees. What would you do?

3. An accessible ramp is measured during the punch list walk through and found to be 1 inch off the construction drawings, therefore the ramp technically does not meet the accessibility requirements. What do you do?
Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

APPENDIX F

PRE-CONSTRUCTION SERVICES FEE

AND HOURLY RATES FORM

1. Pre-Construction Services Fee $___________________ Hourly Rate Schedule
List the fully burdened hourly rates for all classifications of employees that will charge time to the project.

Include rates for any consultants that will work on the project, if any. All other employees will be considered as overhead and shall be included in the hourly rates below.

Example:

Employee Classification Hourly Rate
Project Manager $xxx.xx
Construction Manager $xxx.xx
Project Engineer $xxx.xx
Estimator $xxx.xx
Etc.

Lavender Heights WM
Replacement Project
City of Sacramento – RF P
Bid # P24141322041

APPENDIX G
GUARANTEED MAXIMUM PRICE AND FEE (to be filled out after pre construction services have been completed)

1. Guaranteed Maximum Price. The Guaranteed Maximum Price as of the date of execution of the Contract is WRITTEN AMOUNT
($ ). The GMP is comprised of the following.

Construction: $
Bonds: $
Insurance: $
General Contractor Fee: $
General Conditions: $
Construction Contingency1: $
TOTAL $
Notes:

1. Contingency funds are owned and controlled by the City of Sacramento. Only the City has the authority to allocate use of contingency funds.

2. This form will be filled out at the completion of the design phase, not with the submittal for preconstruction services.

Lavender Heights WM
Replacement Project Page 24
City of Sacramento – RF P
Bid # P24141322041

APPENDIX H

LOCAL BUSINESS ENTERPRISE (LBE)
CITY OF SACRAMENTO LBE PROGRAM - Approved by City Attorney 05/20/2020

REQUIREMENTS FOR THE LOCAL BUSINESS ENTERPRISE PROGRAM
(LBE Program)
IN

TRODUCTION
T
he City of Sacramento has a Local Business Enterprise (LBE) Program to provide enhanced opportunities for local businesses to participate in the City's procurement and contracting activities. The Program began with an LBE Preference for bid and proposal evaluation. The Program was then expanded to require minimum LBE Participation levels in specific contracts.

A

PPLICATION
A
s summarized in the table below, there are two components to the LBE Program:

1. L
BE Preference: For certain contracts, a 5% LBE Preference is applied during the bid evaluation process.

2. LBE Participation Requirement: For certain contracts, a minimum 5% LBE participation level is required for a bidder to be considered responsive.

Contracts Under $250,000 Contracts $250,000 or more
Goods
Non-
Professional
Services
Professional
Services
Public
Projects Goods
Non-
Professional
Services
Professional
Services
Public
Projects
Apply 5% LBE
Preference YES YES YES YES NO NO YES NO
Apply 5%
Minimum LBE
Participation
Requirement

NO NO NO NO NO YES YES YES
Local Business Enterprise: A Local Business Enterprise (“LBE”) means a business enterprise, including but not limited to, a sole proprietorship, partnership, limited liability company, corporation, or other business entity that has a “legitimate business presence” within City limits or the unincorporated area of Sacramento County.

A “l
egitimate business presence” within City limits or the unincorporated area of Sacramento County means:

1. An established business entity operating within the selected areas for at least 12 consecutive months prior to submission of bid; and
CITY OF SACRAMENTO LBE PROGRAM - Approved by City Attorney 05/20/2020

2. Legally operating a location in the City or unincorporated area of Sacramento County that is either:
a. a principal business office or workspace; or
b. a regional, branch, or satellite office with at least one full-time employee.

To qualify as an LBE, firms must meet these two requirements prior to the deadline for submission of bids or proposals. Upon the request of the City, firms shall provide proof of legally operating a location within City limits or the unincorporated County with the following documents:
- Tax returns for the business;
- Utility bill in the name of the business;
- Business license; and/or
- Secretary of State filings.

Exceptions
The LBE Program does not apply to procurement processes for contracts funded with federal funds, goods or services purchased through cooperative purchase agreements, or contracts entered into in response to a declared emergency.

LBE PREFERENCE

For contracts under $250,000, firms that qualify as an LBE will receive a 5% preference on all City procurement opportunities. For professional service contracts only, this preference also applies to procurement opportunities of $250,000 or more.

For contracts to be awarded in response to a solicitation for bids, a bid or quotation submitted by a firm that qualifies as an LBE will receive a 5% bid evaluation preference for the purpose of determining the lowest responsible bidder. This means that, for bid evaluation purposes, the total price bid by an LBE shall be reduced by 5%. However, this reduction only applies for bid evaluation purposes, and the resulting contract or purchase order will reflect the actual amount bid by the LBE.

For contracts awarded in response to a solicitation for proposals or qualifications, a firm that qualifies as an LBE shall receive additional points during the scoring process, so the final score awarded to the LBE is increased by 5% of the total possible evaluation points.

LBE PARTICIPATION REQUIREMENT

For non-professional service, professional service, and public project contracts of $250,000 or more, a minimum 5% LBE participation level is required. To receive credit for the 5% minimum CITY OF SACRAMENTO LBE PROGRAM - Approved by City Attorney 05/20/2020 participation requirement, bidders must either (a) be an LBE, or (b) subcontract with a qualified LBE.

Under City Code section 3.60.270, when the City establishes a minimum participation level for LBE's on a contract, no contractor shall be considered responsive unless its bid or proposal meets the minimum LBE participation level required.

City may waive or reduce the LBE Participation requirements on some procurement opportunities prior to acceptance of bids or proposals upon authorization from the City Manager or City Manager’s designee.

PARTICIPATION LEVEL REQUIREMENTS

LBE Participation: The percentage of LBE participation is determined based on the dollar value of the work to be performed. LBE credit may be obtained by utilizing LBE qualified subcontractors or suppliers, as outlined below.

Participation Credit: To receive credit for LBE participation:

1. An LBE contractor or subcontractor must: (1) be responsible for the execution of a distinct element of the work; (2) possess any license or certification required for the work; and (3) actually perform, manage, or supervise the work without subcontracting or otherwise shifting any portion of the work to another subcontractor.

2. An LBE supplier must: (1) furnish materials or equipment that the supplier sells as a recurring, although not necessarily primary, part of its business; and (2) the materials or equipment must be necessary for performance of the work.

Suppliers: Credit for an LBE supplier of materials or equipment is counted as 100% of the amount paid to the supplier for the materials or equipment. To receive this credit, LBE Suppliers must be listed on a Subcontractor and LBE Participation Verification Form and submitted with a bid or proposal.

Subcontractors (including Truckers): To receive credit for an LBE subcontractor, the subcontractor must be listed on a Subcontractor and LBE Participation Verification Form and submitted with a bid or proposal.

Truckers: Credit for an LBE trucker is counted as 100% of the amount paid to the trucker for trucking/hauling services, not including any amount paid to the Trucker for the cost of any materials or equipment being transported by the Trucker.

CITY OF SACRAMENTO LBE PROGRAM - Approved by City Attorney 05/20/2020

LBE REQUIREMENTS FOR CONTRACTOR
LBE Records: The Contractor shall maintain records of all subcontracts with verified LBE subcontractors and records of materials purchased from verified LBE suppliers for one year after receiving final payment from the City. Such records shall show the name and business address of each LBE subcontractor or supplier and the total dollar amount actually paid to each LBE subcontractor or supplier.

N
o later than 30 days after completion of the work performed under the contract, a summary of these records shall be prepared, certified correct by the Contractor's authorized representative and furnished to the City. The Contractor shall provide such other information, records, reports, certifications or other documents as may be required by the City, to determine compliance with any provision of the LBE Program or these specifications.

Performance of LBE Subcontractors and Suppliers: The LBE subcontractors and suppliers listed by the Contractor shall perform the work and supply the materials or equipment for which they are listed on the Subcontractor and LBE Participation Verification Form, unless the Contractor has received prior written authorization from the City to perform the work with other forces or to obtain the materials or equipment from other sources. Reasons for requesting such authorization would include:

1. The listed LBE subcontractor or supplier fails to execute a written contract based upon the general terms, conditions, plans, and specifications for the project.

2. The listed LBE subcontractor or supplier becomes bankrupt or insolvent.

3. The listed LBE subcontractor or supplier fails to meet the bond requirements of the Contractor.

4. The work performed or the materials or equipment provided by the listed LBE subcontractor or supplier are unsatisfactory or are not in accordance with the plans and specifications.

5. The listed LBE subcontractor or supplier fails to perform its contractual obligations.

6. It would be in the best interest of the City.

Subcontractor Substitution: No substitution of an LBE subcontractor shall be made at any time without compliance with the Subletting and Subcontracting Fair Practices Act. If an LBE subcontractor is unable to perform successfully and is to be replaced, the Contractor shall make reasonable efforts to replace the original LBE subcontractor with another verified LBE subcontractor. The new LBE subcontractor must be verified at the time of substitution.

CITY OF SACRAMENTO LBE PROGRAM - Approved by City Attorney 05/20/2020 Reporting and Utilization Requirements and Sanctions: Failure to provide specific information, records, reports, certifications or any other documents required for compliance with these specifications, or failure to utilize one or more LBE's in substantial compliance with the LBE utilization indicated in the Contractor's bid or proposal (unless otherwise authorized by the City as provided herein, or when such failure results from changes to the work approved by the City), shall be considered a breach of the contract.

A deduction may be made from the contract amount and the deduction shall not be more than 10% of the value of the work or materials or equipment that the subject LBE(s) were listed to perform or provide in the Contractor's bid or proposal. Deduction shall be made from any payment due the Contractor. This is in addition to any deduction that may be made under any other provision of the Contract, the Sacramento City Code, or State law.

Hearing and Review of Division Manager Decision: Prior to making a deduction pursuant to the Reporting and Utilization Section above, the City shall provide written notice of the proposed deduction to the Contractor. The Contractor may, no later than 5 working days after receiving such notice, provide a written request to the City for a hearing to contest the proposed deduction. Upon receipt of a timely written request from the Contractor, the City shall schedule a hearing before the Division Manager (as defined in the City's Standard Specifications for Public Construction), and written notice of the date, time, and location of the hearing shall be provided to the Contractor not less than 5 working days prior to the date of the hearing.

The hearing shall be conducted in the manner specified in Section 4-8 of the Standard Specifications, and the Division Manager shall prepare and forward to the Contractor a written decision as soon as practicable after the hearing. The Division Manager's decision shall be subject to review in accordance with the provisions of Section 4-9 of the Standard Specifications. Failure to request such review in compliance with the requirements set forth in Section 4-9 shall constitute acceptance of the Division Manager's decision by the Contractor.

Written Notices: The written notices and request described above shall be provided by registered or certified mail (return receipt requested), by personal delivery, or by any other method that provides reliable evidence of the date of receipt. Written notice provided by personal delivery shall be deemed received on the date of delivery.

REQUIRED SUBMITTAL DOCUMENT ATTACHMENT #4
Attachment 4 – LBE Verification Form Page 1 of 1

LOCAL BUSINESS ENTERPRISE (LBE) PREFERENCE VERIFICATION FORM

All FIRMS must complete and sign this form. Failure to complete and sign this form may result in rejection of submittal

a. LBE SELECTION PREFERENCE

The Sacramento City Council has adopted a Local Business Enterprise Preference program to provide enhanced opportunities for the participation of local business enterprises (LBEs) in the City’s contracting and procurement activities. To receive this evaluation preference, a firm must be qualified prior to the submittal due date.

A Local Business Enterprise means a business enterprise, including but not limited to, a sole proprietorship, partnership, Limited Liability Company, corporation, or other business entity that has a legitimate business presence in the City of Sacramento or unincorporated County of Sacramento. Evidence of legitimate business presence shall be as follows:

Having a current City of Sacramento Business Operation Tax (BOTC) Number or a County of Sacramento Business License (CBL) Number; and

Having either of the following type of office or workspace operating legally within the City of Sacramento or the unincorporated County of Sacramento:

The LBE’s principle business office or workspace;
OR
The LBE’s regional, branch, or satellite office with at least one full time employee.

b. LOCAL BUSINESS ENTERPRISE (LBE) DOCUMENTATION

Is the submitting firm qualified as a Local Business Enterprise? Check the appropriate box:

YES - the firm submitting is qualified as a local business enterprise.

NO - the firm submitting is not qualified as a local business enterprise.

If “YES”, provide submitting firm’s BOTC or CBL Number, and local office or workspace address*:

BOTC or CBL No.: __________________________________ (must be current)

Local Office or Workspace Address:

* Address must be a local physical office or workspace address. This excludes P.O. Boxes.

Form Revised 10/19/2020
Local Business Enterprise (LBE)
Participation Verification Form
Professional and Nonprofessional Service Agreements of $250,000 or More Proposer/Bidder Name: __________________________________________________________________________ Proposal/Bid Amount: _________________________ Is the Proposer/Bidder an LBE? ______Yes _____ No

IF THE PROPOSER/BIDDER IS USING SUBCONTRACTORS OR SUB-TIER SUPPLIERS TO SATISFY THE LBE

PARTICIPATION REQUIREMENT OF THIS SOLICITATION, THIS FORM MUST BE SUBMITTED WITH THE PROPOSAL OR BID FOR THE PROPOSER OR BIDDER TO BE CONSIDERED FOR AWARD.

THIS FORM MUST BE INCLUDED WITH THE SEALED COST ESTIMATE IF THE REQUEST FOR PROPOSAL REQUIRES A SEPARATE SEALED COST ESTIMATE.

To be eligible for this agreement, the proposer or bidder shall list below all the business entities (subcontractors or suppliers) used to attain the 5% LBE participation requirement. Estimated dollar values shall be provided for all work, services or supplies listed. The failure to attain the 5% LBE participation or the inclusion of false information or the omission of required information will render the proposal or bid non-responsive.

LBE Business Entity Name and Address
(subject to verification)
Description of Work, Services or
Supplies to be provided
Estimated Dollar Value of
Work, Services or Supplies
$
$
$
$

COPY AND ATTACH ADDITIONAL SHEETS AS NECESSARY
The Proposer/Bidder hereby certifies that each business entity listed on this LBE Participation Verification Form has been notified that it has been listed and has consented in writing to its name being submitted for this proposal or bid.

The Proposer/Bidder also certifies that it will notify each business entity listed on this Form in writing if the agreement is awarded to the Proposer/Bid der, and will make all documentation relevant to the listed business entities and LBE participation available to the City of Sacramento upon request. The Proposer/Bidder further certif ies that all the information contained in this Form is true and correct and acknowledges that the City will rely on the accuracy of this information in awarding the agreement.

City of Sacramento – RFP
Bid # P24141322041
Lavender Heights WM
Replacement Project

APPENDIX I

PROJECT SCHEDULE
ID WBS Task Name Duration Start Finish
0 0 Lavender Heights Water Main Improvement Project 582 days Tue 9/26/23 Tue 1/27/26 1 1 Project Initiation & Prelim Design 180 days Tue 9/26/23 Wed 6/12/24 2 1.1 Notification of Award of Grant Funding & MOU Executed1 day Tue 9/26/23 Tue 9/26/23 3 1.2 Perform Topographic Survey 35 days Fri 10/27/23 Mon 12/18/23 4 1.3 30-Percent Design & Drafting 42 days Mon 4/15/24 Wed 6/12/24 5 2 Post Conceptual Design 174 days Thu 6/13/24 Tue 2/25/25 6 2.1 60% Design 50 days Fri 6/14/24 Fri 8/23/24
7 2.1.1 Design & Drafting 40 days Thu 6/13/24 Thu 8/8/24 8 2.1.2 Distribute for Review 1 day Fri 8/9/24 Fri 8/9/24 9 2.2 60% Design Review 6 days Mon 8/12/24 Mon 8/19/24
10 2.2.1 City Staff Review 5 days Mon 8/12/24 Fri 8/16/24 11 2.2.2 Print for Bidding 1 day Mon 8/19/24 Mon 8/19/24 12 2.2.3 60% Review Meeting - City Staff 1 day Mon 8/19/24 Mon 8/19/24 13 2.3 Design Assist Bid Process 48.88 days Wed 9/4/24 Tue 11/12/24 14 2.3.1 Bid Process 30 days Wed 9/4/24 Tue 10/15/24
15 2.3.2 Bid Review and Notification 7 days Wed 10/2/24 Thu 10/10/24 16 2.3.3 Council Report (Over $1M) - Construction Award 47.88 days Wed 9/4/24 Fri 11/8/24 17 2.3.3.1 Draft Council Report 2 days Wed 9/4/24 Thu 9/5/24 18 2.3.3.2 Council Report Processing 38.5 days Fri 9/6/24 Wed 10/30/24 25 2.3.3.3 Final Agreement Processing 6.38 days Thu 10/31/24 Fri 11/8/24 29 2.3.4 Notice to Proceed 1 day Fri 11/8/24 Tue 11/12/24 30 2.4 90% Design 31 days Thu 11/14/24 Thu 1/2/25
31 2.4.1 Design & Drafting 30 days Thu 11/14/24 Tue 12/31/24 32 2.4.2 Distribute for Review 1 day Thu 1/2/25 Thu 1/2/25 33 2.5 90% Design Review 6 days Fri 1/3/25 Fri 1/10/25
34 2.5.1 City Staff Review 5 days Fri 1/3/25 Thu 1/9/25 35 2.5.2 90% Review Meeting - City Staff 1 day Fri 1/10/25 Fri 1/10/25 36 2.6 100% Final Design 30 days Mon 1/13/25 Tue 2/25/25 37 2.6.1 Design & Specification Completion 25 days Mon 1/13/25 Tue 2/18/25 38 2.6.2 Final Review - City 5 days Wed 2/19/25 Tue 2/25/25 39 3 Construction 207 days Wed 2/26/25 Mon 12/22/25
40 3.1 Construction Start 207 days Wed 2/26/25 Mon 12/22/25 46 4 Project Closeout 21 days Tue 12/23/25 Tue 1/27/26
Lavender Heights Water Main Improvement Project2024-05-28 Lav Heights WM Project_Schedule Project Initiation & Prelim Design
Post Conceptual Design
8/9
60% Design Review
Design Assist Bid Process
Council Report (Over $1M) - Construction Award
Council Report Processing
Final Agreement Processing
90% Design
1/2
90% Design Review
100% Final Design
Construction
Construction Start
Project Closeout
May Jul Sep Nov Jan Mar May Jul Sep Nov Jan
2024 2025
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress

Project: Lavender Heights Water M
Date: Fri 8/30/24
City of Sacramento – RFP
Bid # P24141322041
Lavender Heights WM
Replacement Project

APPENDIX J

COMMUNITY WORKFORCE AND TRAINING AGREEMENT

REQUIREMENTS FOR THE LOCAL HIRE AND COMMUNITY WORKFORCE TRAINING PROGRAM I

NTRODUCTION
T
he City of Sacramento has established a Local Hire and Community Workforce Training Program (“Local Hire Program”) to facilitate the employment of residents from the City of Sacramento, as well as the County of Sacramento and nine other nearby counties (the “Local Area”), on the City's capital improvement projects and to develop increased numbers of local skilled construction workers to meet the requirements of the regional construction economy.

A

PPLICATION
The Local Hire Program applies to the City’s capital improvement projects where the cost of the integrated construction project is $1,000,000 or more.

D

EFINITIONS
A “Co
vered Project” means a City construction project with a total cost of $1,000,000 or more.

T
he “Local Area” includes Sacramento, Yolo, Placer, El Dorado, Amador, San Joaquin, Sutter, Yuba, Nevada, and Sierra counties, in the following order of priority:

P
riority 1: Residents of the City of Sacramento
Priority 2: Residents of Sacramento County, outside the City of Sacramento Priority 3: Residents of the Counties of Amador, El Dorado, Nevada, Placer, San Joaquin, Sierra, Sutter, Yolo, Yuba counties
A “
Priority Apprentice” means an individual who is enrolled in a State of California approved Joint Apprentice Training Program, and who is a Resident of a Targeted Zip Code and meets one or more of the criteria maintained and enforced by the Sacramento Employment and Training Agency (“SETA”), including:

1. Veteran;

2. Prior offender;

3. Public assistance recipient;

4. Foster youth;

5. Homeless individual; or

6. Woman.

Determination of an individual’s qualifications as a Priority Apprentice shall be made by SETA based on documentation provided by the employee including: utility bills, including water, telephone, electricity, etc.; government issued documents, including driver’s license, court

order, etc.; bank statement; documentation from an insurance company; mortgage statement or residential lease/rental agreement; or, in the case of homeless individuals, a letter from a non-profit or other organization granting benefits or providing services to the individual. If necessary, SETA shall follow-up with visits or a phone call to verify information. “
Resident” means an individual who resides in the Local Area permanently. To demonstrate that an employee is a Resident of the Local Area, the employee shall provide the following documentation with a qualifying zip code: utility bills, including water, telephone, electricity, etc.; government issued documents, including driver’s license, court order, etc.; bank statement; documentation from an insurance company; a mortgage statement or residential lease/rental agreement; or, in the case of homeless individuals, a letter from a non-profit or other organization granting benefits or providing services to the individual. If necessary, SETA shall follow-up with visits or a phone call to verify information.

A
“Targeted Zip Code” means one of the following economically disadvantaged zip codes:
95652, 95660, 95811, 95814, 95815, 95817, 95820, 95823, 95824, 95832, 95838.

LO

CAL HIRE AND WORKFORCE DEVELOPMENT PROGRAM
Con
tractor and subcontractors hired to construct a Covered Project shall utilize workers, including Priority Apprentices and Student Interns, from the Local Area, as set forth below.

Total Workforce Goal
50% of the total workforce hours shall be worked by Residents the Local Area in the following priority:

1. P
riority 1: Residents of the City of Sacramento.

2. Priority 2: Residents of Sacramento County outside the City of Sacramento.

3. Priority 3: Residents of the counties of Amador, El Dorado, Nevada, Placer, San Joaquin, Sierra, Sutter, Yolo, and Yuba.

Priority Apprentice Goal
20% of the total apprentice hours for the Covered Project, on a craft by craft basis, shall be worked by Priority Apprentices. Contractors will utilize the normal hiring hall procedures to reach this goal.

Student Internship Goals
All Contractors awarded construction contracts shall make a good faith effort to provide paid internship opportunities to eligible students. Such opportunities may include engineering,

design, and/or construction management work associated with the implementation or administration of a Covered Project or another project.

RE

CORDS AND DEMONSTRATING DILIGENT EFFORTS OF CONTRACTOR
E
ach contractor shall attend scheduled pre-job meetings and shall submit written workforce projections and projected work hours on a craft-by-craft basis. Within seven calendar days after receiving a notice to proceed, the Contractor shall meet with the City to present its plan for reaching the Total Workforce, Priority Apprentice, and Student Internship Goals.

E
ach contractor shall demonstrate its ongoing, diligent effort to satisfy the Total Workforce, Priority Apprentice, and Student Internship Goals by submitting monthly reports to the City identifying: i) journey-level workers that are Local Area Residents (including a listing with name, craft, and zip code of each worker); (ii) apprentices that satisfy the Priority Apprentice criteria, including a breakdown of apprentices that reside within the Targeted Zip Codes and a breakdown of the other Priority Apprentice criteria satisfied (reflecting the name, craft, zip code, and other qualifying criteria met for each apprentice); and iii) student interns that are Local Area Residents. Along with the monthly reports, each contractor shall submit certified weekly payrolls to the City to demonstrate the total hours worked on the project.

I
f the union hiring hall cannot, upon the request of the contractor or subcontractor, dispatch Local Area Residents or Priority Apprentices to the project, the contractor or subcontractor shall promptly notify the City.

I
n the event contractor’s monthly reports do not demonstrate progress toward achieving the Total Workforce, Priority Apprentice, and Student Internship Goals, or demonstrate contractor’s ongoing, diligent effort to do so, the City and the contractor shall meet and confer to identify necessary actions to resolve the issue and ensure a diligent effort to achieve the Total Workforce and Priority Apprentice Goals moving forward. If the contractor demonstrates that sufficient Priority Apprentices residing within the Targeted Zip Codes are unavailable, the City may prioritize apprentices that otherwise satisfy one of the criteria of Priority Apprentices who Reside in the Local Area.

T
he contractor shall maintain employment and payroll records of workers for three years after receiving final payment from the City. Such records shall show the name and address of worker, and the total number of hours worked.

N
o later than 30 days after completion of the project, a final report shall be prepared, certified correct by the contractor’s authorized representative, and furnished to the City. The contractor shall provide such other information, records, reports, certification, or other documents as may be required by the City, to determine compliance with any provision of the Local Hire Program.

Approved by CAO 11-1-2019 Page 1

EXHIBIT J

SUMMARY OF COMMUNITY WORKFORCE AND TRAINING AGREEMENT REQUIREMENTS (Locally-Funded Projects)
Introduction
On August 21, 2018, the City of Sacramento approved a Community Workforce and Training Agreement (CWTA) with the Sacramento-Sierra Building and Construction Trades Council, AFL-CIO (Trades Council) and the unions represented by the Trades Council, to support the City’s efforts to increase employment opportunities for workers who are local area residents, and to provide construction career training and employment opportunities for the City's at-risk youth, military veterans, women and other disadvantaged residents through local apprenticeship and pre-apprentice programs. A complete copy of the CWTA is attached hereto. This summary is provided for convenience only. All contractors must read and understand the full CWTA prior to submitting a bid.

Application
The CWTA applies to all City public works construction contracts for projects where either the engineer’s estimate of the total construction cost of the project or the actual cumulative bid amounts submitted by the contractor or contractors awarded the contract exceeds One Million Dollars ($1,000,000). The CWTA applies to all “Covered Work” which is further defined in section 2.2 of the CWTA. Exclusions from Covered Work are further defined in section 2.3 of the CWTA.

Prior to award of this contract, the contractor must agree to be bound by each and every provision of the CWTA, and must execute the Agreement to be Bound in the form attached to the CWTA as Addendum A. In addition, any time the awarded contractor enters into a subcontract with any subcontractor for Covered Work, the contractor must provide a copy of the CWTA to the subcontractor and require the subcontractor to execute the Agreement to be Bound in the form attached to the CWTA as Addendum A.

Requirements

In addition to executing the Agreement to be Bound in the form attached to the CWTA as Addendum A, Contractor and its employees must comply with the following requirements:

Utilize Union Hiring Halls. Pursuant to Article VIII of the CWTA, Contractor and its subcontractors performing construction work, in filing craft job requirements, must utilize and be bound by the registration facilities and referral systems established or authorized by the local unions that are signatories to the CWTA (except that Contractors shall have the right to select and hire directly all supervisors above general foreman, without going through the local union).

Pay Union Dues and Fees. All employees performing Covered Work (that is not otherwise excluded) must, as a condition of employment, pay the applicable periodic working dues and associated fees required or union membership to the applicable local union that is a signatory to the CWTA, as required in Article VII of the CWTA.

Hold Pre-Job and Periodic Meetings. Pursuant to Article V, Contractor must convene a pre-job conference with representatives of all involved contractors (including subcontractors) and the unions at least 21 days prior to the commencement of work. For long-term projects with multiple phases, conferences can be held with subcontractors for later phases 21 days prior to the commencement of the applicable phase.

The Contractor must be prepared to discuss in detail: (i) the scope of work for each Contractor; (ii) craft Approved by CAO 11-1-2019 Page 2
a
ssignments; (iii) estimated number of craft workers required to perform the work; (iv) transportation arrangements; (v) estimated start and completion dates of the work; and (vi) planned use of pre- fabricated materials. The meeting shall be held at a location mutually agreeable to the parties.

L
ocal Hire, Apprenticeship, and Workforce Development. Within 7 calendar days after receiving a Notice to Proceed, Contractor must provide a plan for reaching Local Hire and Priority Apprentice Goals. As set forth in Article IX, not less than 50% of the combined journey-level and apprentice hours worked on the Project, on a craft by craft basis, shall be worked by residents of the Local Area, as defined in section 9.1.

The Local Union will refer up to four of Contractor’s “core” employees who demonstrate the qualifications set forth in section 9.3. This referral process is outlined in section 9.4. In addition, not less than 20% of all apprentice hours worked on the Project, on a craft by craft basis, shall be worked by “Priority Apprentices” that reside in one of the disadvantaged zip codes listed in section 9.6.2.1 and meet one of the other eligibility criteria listed in section 9.6.2.2. Contractor shall provide regular reports and certified weekly payrolls documenting compliance with the requirements of Article IX and documentation of Contractor’s good faith efforts to meet the local hire and workforce development goals set forth in Article IX.

He
lmets to Hardhats. Contractor must participate in the Helmets to Hardhats program, as outlined in Article X of the CWTA.

C
omply with Master Agreement Terms on Wages, Hours, Benefits, and other Terms and Conditions of Employment. As set forth in Article XI, Contractor must pay applicable contributions to the established vacation, pension and other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds for each hour worked on the project in the amounts designated in the Master Agreements of the appropriate local unions. By signing the Agreement to be Bound, Contractor also adopts and agrees to be bound by the written terms of established Trust Agreements for these benefit funds.

T
he wages, hours, and other terms and conditions of employment on the project shall be governed by the applicable union’s Master Agreement, as required in Article XI of the CWTA.

Only J
ust Cause Dismissal and/or Discipline. All disputes involving discipline and/or the discharge of employees working on the project must be resolved through the grievance and arbitration provision contained in the applicable Master Agreement. As set forth in Article XIII of the CWTA, no employee working on the project shall be disciplined or dismissed without just cause.

Ar
bitrate Disputes. Any disputes relating to the interpretation or application of the CWTA, excluding work stoppages, strikes, and lockouts, must be resolved through the grievance arbitration procedures in Article XIV of the CWTA. At the time a grievance is submitted, the union may request that the City withhold and retain an amount from what is due and owing to the contractor against whom the grievance is filed. The amount shall be retained by the City until the grievance is withdrawn, settled, or otherwise resolved.

A
ny jurisdictional disputes on the project amongst the unions and/or the contractor shall be settled according to the plan established by the Building and Construction Trades Department. Its decisions shall be final, binding, and conclusive.

D
rug-Free Workplace. Contractors agree to use the Substance Abuse Program contained in each applicable union’s Master Agreement, except as it may conflict with the City’s Drug-Free Workplace Policy. In the event of a conflict, the City’s policy shall control. 1 EXHIBIT J

SUMMARY OF COMMUNITY WORKFORCE AND TRAINING AGREEMENT REQUIREMENTS (Federally-Funded Projects)
Introduction
On August 21, 2018, the City of Sacramento approved a Community Workforce and Training Agreement (CWTA) with the Sacramento-Sierra Building and Construction Trades Council, AFL-CIO (Trades Council), and the unions represented by the Trades Council, to support the City’s efforts to increase employment opportunities for workers who are local area residents, and to provide construction career training and employment opportunities for the City's at-risk youth, military veterans, women and other disadvantaged residents through local apprenticeship and pre-apprentice programs. A complete copy of the CWTA is attached hereto. This summary is provided for convenience only. All contractors must read and understand the full CWTA prior to submitting a bid.

Application
The CWTA applies to all City public works construction contracts for projects where either the engineer’s estimate of the total construction cost of the project or the actual cumulative bid amounts submitted by the contractor or contractors awarded the contract exceeds One Million Dollars ($1,000,000). The CWTA applies to all “Covered Work” which is further defined in section 2.2 of the CWTA. Exclusions from Covered Work are further defined in section 2.3 of the CWTA.

Prior to award of this contract, the contractor must agree to be bound by each and every provision of the Agreement (except as noted below), and must execute the Agreement to be Bound in the form attached to the CWTA as Addendum A. In addition, any time the awarded contractor enters into a subcontract with any subcontractor for Covered Work, the contractor must provide a copy of the CWTA to the subcontractor and require the subcontractor to execute the Agreement to be Bound in the form attached to the CWTA as Addendum A.

Due to the state and/or federal funds applied to this project, Article IX of the CWTA, detailing the local hire requirements, is not applicable to this project.

Requirements
In addition to the requirement to execute the Agreement to be Bound in the form attached to the CWTA as Addendum A, Contractor and its employees must comply with the following requirements:

Utilize Union Hiring Halls. Pursuant to Article VIII of the CWTA, Contractor and its subcontractors performing construction work, in filing craft job requirements, must utilize and be bound by the registration facilities and referral systems established or authorized by the local unions that are signatories to the CWTA (except that Contractors shall have the right to select and hire directly all supervisors above general foreman, without going through the local union).

Pay Union Dues and Fees. All employees performing Covered Work (that is not otherwise excluded) must, as a condition of employment, pay the applicable periodic working dues and associated fees required or union membership to the applicable local union that is a signatory to the CWTA, as required in Article VII of the CWTA.
2 Hold Pre-Job and Periodic Meetings. Pursuant to Article V, Contractor must convene a pre-job conference with representatives of all involved contractors (including subcontractors) and the unions at least 21 days prior to the commencement of work. For long-term projects with multiple phases, conferences can be held with subcontractors for later phases 21 days prior to the commencement of the applicable phase.

Th
e Project Manager and the contractors must be prepared to discuss in detail: (i) the scope of work for each Contractor; (ii) craft assignments; (iii) estimated number of craft workers required to perform the work; (iv) transportation arrangements; (v) estimated start and completion dates of the work; and (vi) planned use of pre-fabricated materials. The meeting shall be held at a location mutually agreeable to the parties.

C
ontractor must also hold joint labor/management meetings between the City, the Project Manager, the contractor(s), and the unions periodically to promote harmonious labor relations and ensure adequate communications.

He
lmets to Hardhats. Contractor must participate in the Helmets to Hardhats program, as outlined in Article X of the CWTA.

C
omply with Master Agreement Terms on Wages, Hours, Benefits, and other Terms and Conditions of Employment. As set forth in Article XI, Contractor must pay applicable contributions to the established vacation, pension and other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds for each hour worked on the project in the amounts designated in the Master Agreements of the appropriate local unions. By signing the Agreement to be Bound, Contractor also adopts and agrees to be bound by the written terms of established Trust Agreements for these benefit funds.

T
he wages, hours, and other terms and conditions of employment on the project shall be governed by the applicable union’s Master Agreement, as required in Article XI of the CWTA.

Only J
ust Cause Dismissal and/or Discipline. All disputes involving discipline and/or the discharge of employees working on the project must be resolved through the grievance and arbitration provision contained in the applicable Master Agreement. As set forth in Article XIII of the CWTA, no employee working on the project shall be disciplined or dismissed without just cause.

Ar
bitrate Disputes. Any disputes relating to the interpretation or application of the CWTA, excluding work stoppages, strikes, and lockouts, must be resolved through the grievance arbitration procedures in Article XIV of the CWTA. At the time a grievance is submitted, the union may request that the City withhold and retain an amount from what is due and owing to the contractor against whom the grievance is filed. The amount shall be retained by the City until the grievance is withdrawn, settled, or otherwise resolved.

A
ny jurisdictional disputes on the project amongst the unions and/or the contractor shall be settled according to the plan established by the Building and Construction Trades Department. Its decisions shall be final, binding, and conclusive.

D
rug-Free Workplace. Contractors agree to use the Substance Abuse Program contained in each applicable union’s Master Agreement, except as it may conflict with the City’s Drug-Free Workplace Policy. In the event of a conflict, the City’s policy shall control.

City of Sacramento – RFP
Bid # P24141322041
Lavender Heights WM
Replacement Project

APPENDIX K

TYPICAL CONTRACT
See Below Design-
Assist

Department: Department of Utilities
Division: Engineering & Water Resources
Project Name: Lavender Heights Water Main Project
Project #: Z14130404

CITY OF SACRAMENTO

DESIGN-ASSIST CONTRACT

PRE-CONSTRUCTION SERVICES WITH OPTION FOR A

GUARANTEED MAXIMUM PRICE
This CONTRACT is made at Sacramento, California as of ____________________, 20___ (“Effective Date”), by and between the City of Sacramento, a municipal corporation (“CITY”), and:

CONTRACTOR:

PROJECT: Lavender Heights Water Main Pipeline Replacement Project

1. Contract Documents.

A. The Contract Documents, sometimes referred to as the “Contract,” consist of the following documents, which are hereby incorporated by reference as if set forth in full in this Contract:
(1) This Contract, including all exhibits attached hereto. (2) Change Orders or other amendments to this Contract, including but not limited to the Change Order or amendment that accepts the Guaranteed Maximum Price ( GMP) and authorizes the Construction Phase, with the more recent taking precedence over previous Change Orders or amendments in the event of a conflict.
(3) 60% Drawings, 60% Project Specifications, and the Project Design Manual (PDM).
(4) Applicable provisions of t he CITY’s Standard Specifications for Public Construction of the City of Sacramento as approved by the Sacramento City Council on November 10, 2020 , and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager, as set forth in Exhibit C; provided however that Standard Specifications requirements may be superseded or amended by designs, decisions or changes/modifications completed during the Work if CITY and CONTRACTOR specifically acknowledge and mutually accept the itemized changes/modifications in writing.

2. Definitions. Terms, words, and phrases used in the Contract Documents shall have the following meanings:

A. Change Order means a written instrument issued after execution of the Contract signed by CITY and CONTRACTOR, stating their agreement regarding the scope of the change in the Work; t he amount of the adjustment to the Contract Amount; or the extent of the adjustment to the Time of Completion.

B. Contract means the executed contract between CITY and CONTRACTOR.

C. Day or Days means calendar days unless otherwise specifically noted in the Contract Documents.

D. Designer means a qualified, licensed design professional who is not an employee of CONTRACTOR, but is retained by CONTRACTOR, or employed or retained by anyone under contract with CONTRACTOR or Subcontractor, to furnish design services required under the Contract Documents.

E. Cost of the Work means costs reasonably incurred by CONTRACTOR in the proper performance of the Work, excluding the Contractor Contingency, Bond Premium, and costs to obtain the insurance required by Section 23.

F. Engineer shall mean the CITY’s Representative.

G. Fully Executed shall mean the final completion of any document requiring endorsements and signatures. A document is not fully executed until all required signatures have been secured and the document has been issued to the CONTRACTOR by CITY.

H. General Conditions shall mean any additional terms and conditions applicable to the Construction Phase that are agreed to between CITY and CONTRACTOR upon approval of the GMP (if the GMP is approved by City Council).

I. Hazardous Conditions shall mean any conditions or materials encountered at the Site that have been identified in the hazardous materials and geotechnical reports.

J. Hazardous Materials shall mean any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements.

K.

L. Legal Requirements shall mean all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi - government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work.

Project shall mean the water main improvements consisting of upsizing approximately 2,100 linear feet of existing 6 -inch main to 8 -inch main between 20th and 23rd Street in Improv Alley, 20th and 22nd Street in Jazz Alley, and constructing an additional approximately 1,300 linear feet new 8 -inch main along 20th and 22nd Streets between Kayak Alley and Improv Alley.

M. Site shall mean the Project location bound by Jazz Alley to the north, Kayak Alley to the south, 20th Street to the west, and 23rd Street to the east.

N. Subcontractor shall mean any person or entity retained by CONTRACTOR as an independent contractor to perform a portion of the Work and shall include material, workers and suppliers.

O. Sub-Subcontractor shall mean any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor’s work and shall include material, workers and suppliers.

P. Substantially Complete means: that the City Representative: (1) has reasonably determined that the Work has been substantially performed; (2) has issued a Certificate of Occupancy; and (3) has determined that there are only minor deficiencies as set forth on a final written punch list prepared by the CONTRACTOR and accepted by the City Representative.

Q. Testing Authority shall mean the individual in charge of organizing, conducting, paying for all testing and documentation, administering tests, documenting all test results and compiling a formal Acceptance Testing Report required under Title 24.

For the purposes of this Contract, the CITY shall retain a qualified contractor(s) to perform this work and serve as the Testing Authority.

R. Work shall mean all efforts associated with CONTRACTOR’s design review and coordination, construction, and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents.

S. All terms not defined above have the meanings specified in Section 1 of the Standard Specifications, incorporated by this reference.

3. Scope of Work. CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor, material and transportation necessary to perform and complete in a good and

workmanlike manner, to the satisfaction of the CITY, all the Work called for in the Contract Documents. The Work shall be separated into two distinct phases, the Pre-Construction Phase and the Construction Phase, and shall include:

A. Pre-Construction Phase:

As specified in Exhibit A, the Pre -Construction Phase scope of work shall include without limitation all site visits, utility potholing, cost estimating, value engineering, design review, quality control review, constructability review, risk assessment (including utility and third party risks) , scheduling, construction impacts, meetings, participation in the preparation and packaging of construction documents, obtaining all permits (CONTRACTOR shall obtain a ll permits but City will pay the permit fee), completion of construction drawings for the Construction Phase, obtaining bids for suppliers, documenting results and all other work necessary to assist the CITY’S designer to develop a design within the Project Budget and Project Schedule , culminating in the preparation of a GMP for completion of a ll the Work. If necessary, the GMP will be divided into a base proposal and (additive/deductive) alternates acceptable to the CITY.

CONTRACTOR will coordinate with the City’s design team on a regular basis to identify issues, risks, and potential deficiencies in the design documents, and to develop a realistic and achievable construction schedule.

B. Construction Phase. As specified in Exhibit A, if the CITY and CONTRACTOR are able to agree upon a construction price and other contract terms and conditions, the CONTRACTOR will complete the Construction Phase work. The Construction Phase scope of work shall include without limitation the construction of permanent and temporary improvements and obtaining any outstanding permits to provide the CITY with fully operational infrastructure consistent with the Contract Documents and requirements of this Contract.

C. Commencement and Prosecution of Work.

(1) Notices to Proceed. The CITY shall issue a separate Notice to Proceed for each phase of the Work under this Contract : Pre-Construction Phase and Construction Phase.

(2) Pre-Construction Phase. The Pre -Construction Phase Notice to Proceed shall be issued after CITY has executed this Contract. CONTRACTOR shall commence the Work for Pre -Construction Phase activities not later than 15 calendar days after the date of the written Notice to Proceed on Pre - Construction Phase activities from CITY.

(3) Construction Phase. CONTRACTOR shall not proceed with Construction Phase unless and until : (i) the City Council accepts the GMP through authorization of a Change O rder or other amendment to the Contract in

accordance with Section 6; (ii) CONTRACTOR provides the bonds and insurance certificates required by Sections 22 and 23 below; and (iii) the CITY issues a Notice to Proceed for Construction Phase Work.

CONTRACTOR shall commence the Work for Construction Phase not later than 15 calendar days after the date of the written Notice to Proceed from CITY.

(4) Prosecution of Work. CONTRACTOR shall diligently prosecute the Work to final completion of the appropriate stage. The phrase “commence the Work” means to engage in design review activities in the Pre-Construction Phase or to engage in construction activities in the Construction Phase.

D. Facilities and Equipment. CITY shall not furnish any facilities or equipment for Pre- Construction Phase activities of this Contract, but CITY will grant CONTRACTOR access to the Site for the purpose of completing work in the approved Contract Documents during Construction Phase activities. CONTRACTOR shall, at its sole cost and expense, furnish all equipment that may be required for furnishing services under the Construction Phase of this Contract. CONTRACTOR shall coordinate with CITY to establish mutually acceptable access to the Site during the Construction Phase.

4. Time of Completion.

A. Completion Date.

(1) Pre-Construction Phase: All pre-construction activities shall be brought to completion in the manner provided for in the Contract Documents on or before February 28, 2025 (hereinafter called the “Completion Date – Pre- Construction Phase”) unless extensions of time are granted in accordance with the Contract Documents.

(2) Construction Phase: The entire Work shall be begin on March 1, 2025 and brought to completion in the manner provided for in the Contract Documents on or before December 31, 2025 (hereinafter called the “Completion Date – Construction Phase”), unless extensions of time are granted in accordance with the Contract Documents.

(3) Failure to complete the Construction Phase Work by the Completion Date – Construction Phase and in the manner provided for by the Contract Documents shall subject CONTRACTOR to liquidated damages as provided in Section 15 below. Time is and shall be of the essence in these Contract Documents.

B. Time for Performance . CONTRACTOR shall devote such time and effort to the performance of Work pursuant to this Contract as is necessary for the satisfactory and timely performance of CONTRACTOR’s obligations under this Contract.

CONTRACTOR agrees that it shall commence performance of the Work and achieve the Completion Dates as set forth in this Section 4.

C. Extensions of Time. In the event CITY deems it necessary, in its sole discretion, to extend the Completion Date s of the Work to be done under th e Contract Documents beyond the required Completion Date s specified, such extensions , including extensions for Excusable Delays, do not release any guarantee given by CONTRACTOR pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. By executing such bonds, the sureties are deemed to have expressly agreed to any extension of time and are limited to the period of excusable delay as defined in the Contract Documents giving rise to the same as determined by City Council of CITY.

D. Excusable Delays.

(1) For the purpose of these Contract Docu ments, the term “Excusable Delays” means, and is limited to, delays caused directly by acts of God; acts of the public enemy; fires; inclement weather that prevents construction of the critical path items of work as determined by the CITY Representative; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sit downs; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necess ary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or administrator of any legally constituted public authority; changes in the Work ordered by CITY insofar as they necessarily require additional time in which to complete the Work; the prevention by CITY of CONTRACTOR from commencing or prosecuting the Work because of the acts of others, excepting CONTRACTOR’s subcontractors; or the prevention of CONTRACTOR from commencing or prosecuting the Work because of a City-wide failure of public utility service.

(2) The term “Excusable Delay” specifically does not include: (i) any delay which could have been avoided by the exercise of care, prudence, foresight and diligence on the part of CONTRACTOR; (ii) any delay in the prosecution of parts of the Work, which may in itself be unavoidable but which does not prevent or delay the prosecution of other part s of the Work, nor the completion of the whole Work within the time specified; (iii) any reasonable delay resulting from time required by CITY for review of Plans and submittals required of CONTRACTOR and for the mak ing of surveys,

measurements and inspection; (iv) any delay arising from an interruption in the prosecution of the Work on account of the reasonable interference from other contractors employed by CITY which does not necessarily prevent the completion of the Work within the time specified. Excusable Delays, if any, operates only to extend the Completion Date (not in excess of the period of such delay as determined by CITY) but does not under any circumstances increase the sum CITY is to pay CONTRACTOR as provided in these Contract Documents.

E. Contractor to Serve Notice of Delays.

(1) Whenever CONTRACTOR foresees any delay in the prosecution of the Work, and in any event upon the occurrence of any delay which CONTRACTOR regards as an Excusable Delay, CONTRACTOR shall notify the CITY Representative in writing immediately within ten (10) calendar days of the probability of such delay and its cause, in order that the CITY Representative may take immediate steps to prevent if possible the occurrence or continuance of the delay or if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and the extent the prosecution and completion of the Work are delayed. Said written notice shall constitute an application for an extension of time only if the notice requests such an extension and sets forth the CONTRACTOR’s estimate of the additional time required together with a full description of the cause of the delay relied upon.

(2) After the completion of any part or whole of the Work, the CITY Representative, in estimating the amount due CONTRACTOR, will assume that any and all delays which may have occurred in its prosecution and completion have been avoidable delays, except such delays as shall have been called to the attention of the CITY Representative at the time of their occurrence and determined by CITY Representative to have been excusable. CONTRACTOR is not entitled to claim Excusable Delay for any delay for which the CONTRACTOR failed to provide such timely written notice to CITY.

F. Extension of Time and Liquidated Damages . Should any delays occur which the CITY consider s Excusable Delay , as defined in the Contract Documents , CONTRACTOR will be allowed an extension of time beyond the time set forth in the Contract Documents proportional to the delay or delays in which to complete this Contract; and, during an extension which may have been granted because of an Excusable Delay or Excusable Delays, CITY shall not charge liquidated damages against CONTRACTOR for such delay. Only the CIT Y Representative may grant an

extension of time on the Contract. Extensions of time shall only be valid if issued in writing as part of a Change Order and fully executed by the CITY.

G. Extension of Time Does Not Waive City’s Right . The granting of any extension of time on account of Excusable D elay which in the judgment of the CITY Representative is Excusable Delay shall in no way operate as a waiver on the part of CITY of its rights under the Contract Documents excepting only extension of the Completion Date.

H. No Payment for Delays. No damages or compensation of any kind shall be paid to CONTRACTOR or any subcontractor because of delays in the progress of the Work whether such delays qualify for extension of time under the Contract Documents; except that this provision does not preclude the recovery of damages for a delay caused by the CITY that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the CONTRACTOR timely submits all such written notice(s) to CITY and fully complies with such other procedures as may be specified in the Contract Documents or any laws or regulations for CONTRACTOR to claim damages for such delay.

I. No Stoppage of Work. CONTRACTOR shall not stop Work unless directed to do so by CITY, or under “Emergency” conditions as set forth in Section 14(D) of this Contract.

5. Contract Amount.

A. CITY shall pay CONTRACTOR in accordance with the requirements set forth in this section. Compensation to the CONTRACTOR shall be separated into two phases of work as described in Section 1 above. The Pre-Construction Phase covers all work completed prior to CITY acceptance of a GMP. The Construction Phase covers all remaining work as outlined in this Contract. CONTRACTOR acknowledges and agrees that CITY is not obligated to accept the GMP, nor authorize the Construction Phase to proceed, and that CITY shall have no obligations whatsoever under the Contract for the Construction Phase unless and until the City Council accepts the GMP and authorizes the Construction Phase to proceed by approving a Change Order or other amendment to this Contract.

B. CITY agrees to pay CONTRACTOR for the Work as follows:

(1) Payment for Pre-Construction Phase services performed under this Contract (including all services and authorized reimbursable expenses ) shall not exceed $XXX,XXX (TBD) . Payment for Pre -Construction Phase services shall be made by CITY to CONTRACTOR on a monthly lump sum basis as specified in Section 7(A) below.

(2) Total p ayment for the Construction Phase (includ ing all Work, s ervices, authorized reimbursable expenses, construction, materials , contingency, and associated expenses for Construction Phase activities) shall not exceed the GMP. The GMP shall be derived during the Pre -Construction Phase in accordance with Section 6 below. CITY, in its sole discretion, may approve or reject the GMP, which will be presented to the City Council as a Change Order or other amendment to this Contract. If CITY rejects the GMP, CITY has no obligation to proceed with the Construction Phase and CONTRACTOR is not entitled to any compensation for the Construction Phase. As of the Effective Date of this Contract, the CONTRACTOR and CITY anticipate the GMP will not exceed $3,000,000 for the Construction Phase. Nonetheless, CONTRACTOR and CITY agree that final authority to accept the GMP rests solely with the City Council , who may only exercise that authority by approving a Change Order or other amendment to this Contract.

(3) Total compensation for the Pre-Construction Phase and Construction Phase shall not exceed the sum of items 1 and 2, above.

(4) Compensation for services and authorized reimbursable expenses during the Pre-Construction Phase shall not be subject to retention.

(5) Compensation for design support services, cost of obtaining permits, authorized design-based reimbursable expenses , fees during the Construction Phase, and bonds and insurance costs approved in the GMP, shall not be subject to retention, but all other Work related to the Project and completed during the Construction Phase shall be subject to retention. (See Section 8 “Retention of Sums Charged Against Contractor”).

(6) During the Construction Phase, CONTRACTOR shall submit separate invoices for design support services and expenses versus construction- related costs subject to retention.

(7) During the Construction Phase, CONTRACTOR shall submit detailed monthly invoices that include a schedule of values; however, General Conditions may be submitted on a monthly lump sum basis.

C. CONTRACTOR’s Costs. During the Construction Phase, full compensation for all costs incurred by CONTRACTOR shall be included in the GMP. CITY shall not provide any additional compensation to CONTRACTOR for costs incurred by CONTRACTOR during the Construction Phase. Accordingly, CONTRACTOR shall pay for the following costs of the Work during either the Pre-Construction or the Construction Phase:

(1) Costs associated with obtaining all necessary licenses required for the prosecution of the Work.
(2) Business Operations Tax (BOT) associated with the building permit. (3) Any overtime charges related to the plan check, permit, or inspections. (4) Any request for inspections outside normal working hours for the CITY. (5) Any penalties, re-inspection fees or similar charges resulting from actions or inaction by CONTRACTOR.

D. CITY’s Costs. CITY shall pay for the following costs:
(1) Fee for all related Project permits and Project-related impact fees , but excluding overtime inspection costs unless mutually agreed to by CITY and CONTRACTOR, re-inspection fees, and any penalties.
(2) Any unforeseen easements, as identified during the design phase. (3) Cost of all Acceptance Testing and documentation required under Title 24 of the California Code of Regulations. CITY shall retain a qualified contractor(s) to perform this work and serve as the “Testing Authority” for all Acceptance Testing required by Ti tle 24 of the California Code of Regulations.
(4) Costs for a consultant to monitor and report on labor compliance of the CONTRACTOR and subcontractors for the Work.

6. The Guaranteed Maximum Price (GMP).

A. GMP Proposal.
(1) Contents of GMP Proposal . Upon completion of Pre -Construction Phase services, CONTRACTOR shall submit to CITY a GMP Proposal that includes the following information, which shall be used as the basis for the GMP and shall be identified in a sup plemental document (“GMP Proposal ”) prepared by CONTRACTOR:
a) A list of assumptions made by CONTRACTOR in preparing the GMP. b) A complete schedule of values, allowances, and unit prices for the Cost of the Work for the Construction Phase.
c) Calculations when necessary or required by City to validate compliance with the Contract.
d) A list of qualified subcontractors and corresponding scopes of works and cost.
e) A list of alternates and their associated cost and time impact for completion of all the Work described in the Contract Documents if the entire Project cannot be completed within the approved schedule.
f) All bonds and insurance necessary for completion of the Work.

g) All permits necessary for construction or a detail of any deferred permits or submittal requirements.
h) Project buyout information with low bid results and bid tallies. i) Post-bid design changes documentation.
j) Documentation regarding the remaining cost estimate. k) List of self-perform work.
l) General Conditions.
m) List of Contract Documents.
n) RFI Log.
o) Budget variance analysis.
p) A critical path method (CPM) schedule for the Project developed using Microsoft Primavera or similar software acceptable to the City.

(2) A contingency amount, available for the City's exclusive use for costs that are excluded from the Cost of the Work, or to pay for a Change Order for unforeseen conditions or circumstances such as by way of example, and not as a limitation, (a) trade buy -out differentials, (b) approved overtime/acceleration, and (c) costs in correcting defective, damaged or nonconforming work and design errors or omissions not the fault of Contractor or its subcontractor. Contingency funds remaining at the end of the Project shall be returned or credited to City. To be clear, contingency funds are owned and controlled by the City. Only the City has the authority to allocate use of contingency funds through a written change order.

(3) Review and Adjustment to GMP Proposal . After submission of the GMP Proposal, CONTRACTOR and CITY shall meet to discuss and review the GMP Proposal. The GMP shall include detailed cost breakdowns for all items, including a description of the scope of work for all vendors and sub - contractors, shared resources, contractor supplied materials and equipment, allowances and similar information to disclose the detailed distribution of all costs. If CITY has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented or if additional detail is desired by the CITY, written notice shall be provided to CONTRACTOR. CONTRACTOR shall, upon receipt of CITY’s notice, make appropriate adjustments to the GMP Proposal and resubmit to CITY in a timely manner.

(4) Rates and Fees . The following rates and fees shall be applicable to the GMP:

a) CONTRACTOR’s Fee: A range of between 3% and 6% of the Cost of the Work, including Work required by the General Conditions. The exact percentage shall be established up on CITY’s acceptance of

the GMP through Change Order or amendment to this Contract.

This Fee will compensate CONTRACTOR for overhead , including General Conditions and General Requirements, and profit, and the Fee shall be converted to a lump sum amount at the execution of a Change Order or other amendment approving the GMP, if the GMP is approved by the City Council.
b) CONTRACTOR’s General Liability Insurance and Bond Premium:

Between 2% to 3% of the GMP amount. The exact amount will be established upon CITY’s acceptance of the GMP through a Change Order or other amendment to this Contract.
c) General Conditions and General Requirements: Includes any other rates and fees to be mutually agreed upon by the parties upon acceptance of the GMP.

B. CITY Action Regarding the GMP Proposal.

(1) Acceptance of the GMP . The GMP Proposal will become the GMP upon approval by the Sacramento City Council of a Change Order or other amendment to th is Contract that accepts the GMP and authorizes the Construction Phase to proceed.

(2) Failure to Accept the GMP Proposal . If CITY rejects the GMP Proposal, or fails to notify CONTRACTOR in writing on or before 60 calendar days following CITY acknowledgement of receiving a complete GMP Proposal , the GMP Proposal shall be deemed withdrawn and of no effect. In such event, CITY and CONTRACTOR shall meet and confer as to how the Project will proceed, with CITY having the following options:

a) CITY may suggest modifications to the GMP Proposal, and if such modifications are accepted in writing by CONTRACTOR, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with the schedule set forth in the GMP.
b) CITY may negotiate modifications and/or supplemental services necessary to achieve an acceptable GMP.
c) CITY may terminate this Contract, in which case CITY shall have no further obligations to C ONTRACTOR, other than payment for Pre - Construction Phase services rendered under this Contract prior to termination.

C. Excess Costs; Savings.

(1) CONTRACTOR does not guarantee the exact cost of any specific line item provided as part of the GMP, but CONTRACTOR agrees that CITY shall not have any obligation to pay for any Cost of the Work that exceeds the GMP

accepted by CITY, and that CONTRACTOR shall be responsible for paying all costs of completing the Work which exceed the GMP.
(2) If the sum of the actual Cost of the Work is less than the approved GMP, as such GMP may have been adjusted over the course of the Project, the difference (“Savings”) shall remain with C ITY, but CONTRACTOR’s Fee identified in Section 6(A)(4) shall not be reduced upon issuance of the final payment to the CONTRACTOR.

7. Payments. CITY agrees to pay and CONTRACTOR agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents, a total sum for Pre-Construction Phase services that shall not exceed the amount specified in Section 5(B)(1) above and the GMP amount for all services under the Construction Phase. In addition, subject to deductions, withholdings and additions as specified in the Contract Documents, payment for individual items of the Work shall be made as follows:

A. Pre-Construction Phase Work . On the first day of each month during the Pre - Construction Phase, the CONTRACTOR shall present to the CITY a lump sum invoice based on the monthly fee billing schedule identified in Exhibit B for work performed through the 25th calendar day of the preceding month. The CITY shall inspect the invoice and, if approved, the CITY shall process the invoice for payment.

B. Construction Phase Work.
(1) On the first day of each month during the Construction Phase, the CONTRACTOR shall present to the CITY two separate documents. The first document shall be a detailed invoice for support services and related authorized reimbursable expenses not subject to retention (with separate amounts for support services and reimbur sable expenses) . CITY shall inspect this first document and, if approved, the CITY shall process the invoice for payment. The second document shall be a statement showing the amount of labor and materials incorpor ated in the Work through the 25th calendar day of the preceding month. After both the CONTRACTOR and City Representative approve the statement in writing, and the City’s labor compliance officer provides written approval, the CITY shall issue payment for 95% of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations.
(2) CITY shall pay t he remaining 5% of the value of the Construction Phase Work performed under the Contract (the “Retention”), if unencumbered and subject to any deductions or withholdings authorized or required

under the Contract or any applicable Laws or Regulations, not later than 60 days after CITY files a Notice of Completion with the Sacramento County Recorder’s Office for the Construction Phase. Acceptance by CONTRACTOR of said Retention shall constitute a waiver of all claims against CITY arising under the Contract Documents, except for disputed claims in stated amounts that the CONTRACTOR specifically reserves in writing, but only to the extent that the CONTRACTOR has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) under the Contract Documents. CONTRACTOR shall be entitled to substitute securities for Retention or to direct that payment of Retention be made into escrow, as pr ovided in Public Contract Code s ection 22300, upon execution of the CITY’s Escrow Agreement for Security Deposits in Lieu of Retention.

C. No inaccuracy or error in said monthly invoice(s) shall operate to release CONTRACTOR or Surety from damages arising from such work or from enforcement of each and every provision of the Contract Documents, and CITY shall have the right subsequently to cor rect any error made in any invoice for payment.

D. CONTRACTOR shall not be paid for any defective or improper work.

E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code section 20104.50, the date that the CITY receives a statement jointly approved by the CONTRACTOR and the CITY as provided above shall be deemed to constitute the date that CITY receives an undisputed and properly submitted payment request from the CONTRACTOR. Progress payments not made within 30 days after this date may be subject to payment of interest as provided in Public Contract Code section 20104.50.

F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.

8. Retention of Sums Charged Against Contractor. When, under the provisions of this Contract or any applicable Laws or Regulations, CITY is authorized or required to withhold, deduct or charge any sum of money against CONTRACTOR, CITY may deduct and retain the amount of such charge from the amount of the next succeeding progress payment(s), or from any other moneys due or that may become due to CONTRACTOR from CITY. If, on completion or termination of the Contract, sums due to CONTRACTOR are insufficient to pay CITY's charges against CONTRACTOR, CITY sha ll have the right to recover the balance from CONTRACTOR or its Sureties.

9. Payments Do Not Imply Acceptance of Work. The payment of any progress payment, or the acceptance of any progress payment by CONTRACTOR, shall not constitute acceptance of the Work or any portion of the Work and shall in no way reduce the liability of CONTRACTOR to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made.

10. Acceptance Not Release.

A. CONTRACTOR shall correct immediately any defective or imperfect work which may be discovered before final acceptance of the entire Work. Any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by the inspector. The inspection of the Work , or any part of the Work, shall not relieve CONTRACTOR of any of his obligations to perform satisfactory work as herein prescribed.

B. Failure or neglect on the part of CITY or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials, if such defect or imperfection becomes eviden t at any time prior to final acceptance of the entire Work, nor shall such failure or negl ect be construed as barring CITY from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of mone y as may be required to repair or rebuild the defective or imperfect work or materials whenever CITY may discover the same, subject only to any statutes of limitation that may apply to any such claim.

11. City’s Right to Take Possession of the Work in Whole or in Part. CITY shall have the right at any time to enter upon the Site and perform work not covered by this Contract, or to occupy and use a portion of the W ork, prior to the date of the final acceptance of the Work as a whole at the end of the Construction Phase , without in any way relieving CONTRACTOR of any obligations under this Contract. CITY shall coordinate with CONTRACTOR to avoid disruption of CONTRACTOR’s Work.

12. No Waiver of Remedies . Neither the inspection by CITY or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the W ork by CITY, nor any extensions of time, nor any position taken by CITY or its agents shall operate as a waiver of any provision of this Contract or of any power or any right to damages preserved to City in the Contract , nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. No waiver will be effective unless it is in writing signed by the CITY. All remedies provided in this Contract shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and CITY shall have any and all equitable and legal remedies which it would in any case have.

13. Warranty.

A. CONTRACTOR’s Warranty . Except as otherwise expressly provided in the specifications, and excepting only items of routine maintenance, ordinary wear and tear, unusual abuse or neglect, or damage caused by the negligence of the CITY or its tenants, CONTRACTOR guarantees all work e xecuted by it and all supplies, materials and devices of any nature incorporated in, or attached to the Work, or otherwise delivered to CITY as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials f or a period of one year after final acceptance of the entire Work by CITY.

CONTRACTOR shall repair or replace any or all such work or material, together with all or any other work or material which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one year guarantee period without expense or charge of any nature to CITY.

B. CONTRACTOR’s Failure to Comply with Warranty . If the CONTRACTOR fails to comply with the conditions of the foregoing guarantee within ten (10) days after being notified of the defect in writing, CITY has the right, but is not obligated to repair, or obtain the repair of, the defect and CONTRACTOR shall pay to CITY on demand all costs and expense of such repair . Notwithstanding anything in the Contract to the contrary, if any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the health or safety, or any property interest, or any person, CITY has the right to immediately repair, or cause to be repaired, such defect, and CONTRACTOR shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property includes both temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY.

C. Assignment of Manufacturer and Other Product Warranties . In addition to the above, the CONTRACTOR shall make a written assignment of all manufacturer’s and other product warranties to the CITY, prior to completion and final acceptance of the Work by CITY.

D. Joint and Several Liability. The CONTRACTOR’s Performance Bond shall secure the performance of the CONTRACTOR’s obligations under this Section 1 3, and the CONTRACTOR and its Surety shall be jointly and severally liable for these obligations.

E. Changes in the Work. Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason of those changes do not in any way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall those changes in the Work relieve or release the Sureties on

Bonds provided pursuant to the Contract Documents. By executing the Bonds, the Sureties agree to any such change in Work and to any extension of time made by reason of the change.

14. Changes to the Work or Time of Completion.

A. Change Orders.

(1) All changes in the W ork authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents.

CITY and CONTRACTOR shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the changes.

(2) If CITY requests a proposal for a change in the W ork from CONTRACTOR and CITY subsequently elects not to proceed with the change, a Change Order shall not be issued to reimburse CONTRACTOR for costs incurred for estimating services, design services , and services involved in the preparation of proposed revisions to the Contract Documents.

(3) CONTRACTOR shall not list Change Orders on invoices or pay requests until the Change Order is fully executed. A Change Order is not fully executed until it has been approved and signed by the CITY.

B. Work Change Directives.

(1) A Work Change Directive is a written order prepared and signed by CITY, directing a change in the Work prior to agreement on an adjustment in the Contract Price or the Contract Time(s).

(2) CITY and CONTRACTOR shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the W ork Change Directive.

Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement.

C. Minor Changes in the Work. Minor changes in the Work are changes that do not involve an adjustment in the Contract Amount or Time of Completion and that do not materially and adversely affect the W ork in the judgment of the CITY.

CONTRACTOR may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however that CONTRACTOR shall promptly inform CITY in writing before any minor change is implemented, and receive written confirmation from CITY accepting the minor change in the W ork before CONTRACTOR performs the minor change.

D. Emergencies. In any emergency affecting the safety of persons or property, CONTRACTOR shall act, at its discretion, to prevent threatened damage, injury or loss, but shall take steps to immediately notify CITY of the emergency and submit a written notification to the CITY within 24 hours of taking any emergency action.

15. Liquidated Damages if Work Not Completed on Time.

A. The actual fact of the occurrence of damages and the actual amount of the damages that CITY would suffer if the entire Work, or any specified portion of the Work, were not completed within the time(s) specified in the Contract are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages. Damages that CITY would suffer in the event of such delay include: loss of the use of the deck ; expenses of prolonged assignment to the project of an architectural and/or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses or impaired operation of other facilities dependent upon completion of the proj ect; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or a portion of the Project. Accordingly, the parties agree, and by execution of this Agreement, CONTRACTOR acknowledges that it understands and agrees, that the amount(s) set forth as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by CITY and the public due to the CONTRACTOR’s delay in completion of the Work or any specified portion of the Work , and shall be presumed to be the amount of damages sustained by the failure of CONTRACTOR to complete the entire Work or any specified portion of the Work within the time(s) specified in the Contract.

B. CONTRACTOR shall pay liquidated damages to CITY for failure to complete the entire Work by the Completion Date - Construction Phase (as extended in accordance with the Contract Documents, if applicable) in the amount of $$1,000 for each calendar day after the Completion Date - Construction Phase (as extended in accordance with the Contract Documents, if applicable), continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the CITY and CONTRACTOR as the loss to CITY and the public resulting from CONTRACTOR’s default.

C. The parties agree, and by execution of this Agreement, CONTRACTOR acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquidated damages from the Completion Date - Construction Phase (as extended in accordance with the Contract Documents, if applicable) until the date the entire Work is complete , as determined by the Engineer in accordance with Section 8 -4 of the Standard Specifications , whether

or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.

D. In the event CONTRACTOR shall become liable for liquidated damages, CITY, in addition to all other remedies provided by law, has the right to withhold any and all payments that otherwise would be or become due CONTRACTOR until the liability of CONTRACTOR under this Section 15 is finally determined. CITY has the right to use and apply such payments, in whole or in part, to reimburse CITY for all liquidated damages due or to become due to CITY. Any remaining balance of such payments shall be paid to CONTRAC TOR only after discharge in full of all liability incurred by CONTRACTOR under this Section 15 or otherwise under any provision of the Contract Documents or any applicable Law or Regulation. If the sum so retained by CITY is not sufficient to discharge all such liabilities of CONTRACTOR, CONTRACTOR shall continue to remain liable to CITY until all such liabilities are satisfied in full. No failure by CITY to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the CITY’s right to withhold payment for such liabilities.

16. Termination.

A. Termination after Completion Date – Construction Phase.

(1) In addition to any other rights CITY may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date for the respective Construction Phase (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), CITY may terminate the Contract at any time after the Completion Date for the respective - Construction Phase (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), by providing a written notice to CONTRACTOR specifying the date of termination. Such notice also may specify conditions or requirements that CONTRACTOR must meet to avoid termination of the Co ntract on such date. If CONTRACTOR fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, CONTRACTOR shall cease rendering services and performing work on such termination date, and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, CONTRACTOR shall remain liable to CITY for liquidated damages incurred for any period of time prior to the termination date.

(2) In addition to any other charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if CITY terminates the

Contract pursuant to this section, CITY may withhold and deduct from any payment or retention funds otherwise due CONTRACTOR any sum necessary to pay the CITY's cost of completing or correcting, or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the CITY or that otherwise are deficient or require correction as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the CITY’s direct and indirect costs incurred to complete or correct such services or work, including the CITY’s administrative and overhead costs. If the amount of payment(s) or retention funds otherwise due the CONTRACTOR are insufficient to pay such costs, CITY shall have the right to recover the balance of such costs from the CONTRACTOR and/or its Surety(ies).

B. Termination for Convenience – Any Phase.

(1) Upon written notice to the CONTRACTOR, the CITY may at any time, without cause and without prejudice to any other right or remedy of the CITY, elect to terminate the Contract for the convenience of CITY. In such case, the CONTRACTOR shall be paid (without duplication of any items, and after deduction or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Laws or Regulations):

a) For Work executed in accordance with the Contract Documents prior to the effective date of termination and determined to be acceptable by the Engineer, including fair and reasonable sums for overhead and profit on such Work;

b) For reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others except as set forth in section 16.B(2), below; and

c) For reasonable expenses directly attributable to termination.

(2) CONTRACTOR (nor its subcontractors or suppliers) shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. CONTRACTOR’s warranty under Exhibit A of this Agreement shall apply, and CONTRACTOR shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The CITY shall be entitled to have any or all remaining Work performed by other

contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.

C. Termination for Breach of Contract – Any Phase.

(1) If CONTRACTOR abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the CITY, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contract in respect to the rate of progress of the Work are not being fulfilled or any part of the Work is unnecessarily delayed, or if CONTRACTOR violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if CONTRACTOR refuses or fails to supply enough properly skilled labor or materials or refuses or fails to make prompt payment to subcontractors for material or labor, or if CONTRACTOR disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the CITY may give CONTRACTOR and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.

(2) In the event that such notice is given, and the situation is not corrected, or arrangements for correction satisfactory to the CITY are not made, within ten (10) calendar days from the date of such notice, the Contract will cease and terminate upon the expiration of the ten (10) day period. In the event of any such termination, CITY may take over the Work and prosecute the Work to completion, or otherwise, and the CONTRACTOR and its Sureties shall be liable to CITY for any cost incurred by CITY.

(3) In the event CITY completes the Work, or causes the Work to be completed, no payment of any kind shall be made to CONTRACTOR until the Work is complete. The cost of completing the Work, including but not limited to, extra costs of project administration and management incurred by CITY, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to CONTRACTOR from CITY. If sums due to CONTRACTOR from CITY are less than the cost of completing the Work, CONTRACTOR and its Sureties shall pay CITY a sum equal to this difference on demand. In the event CITY completes the Work, and there is a sum remaining due to CONTRACTOR after CITY deducts the costs of completing the Work, then CITY shall pay such sum to CONTRACTOR. The CONTRACTOR and CONTRACTOR’s Sureties shall be jointly and severally liable for all obligations imposed on CONTRACTOR hereunder.

(4) No act by CITY before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in

equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to this section upon the happening of any prior default or breach of CONTRACTOR, shall be construed to be a waiver or estoppel of the CITY’s right to act pursuant to this section upon any subsequent event, occurrence or failure by CONTRACTOR to fulfill the terms and conditions of the Contract. The rights of CITY to terminate the Contract pursuant to this section and pursuant to Sections 16(A) and 16(B) are cumulative and are in addition to all other rights of CITY pursuant to the Contract and at law or in equity.

D. Contractor Bankrupt . If CONTRACTOR commence s any proceeding under the Bankruptcy Act, or if CONTRACTOR is adjudged as bankrupt, or if CONTRACTOR makes any assignment for the benefit of creditors, or if a receiver is appointed on account of CONTRACTOR’s insolvency, then the CITY may, without prejudice to any other right or remedy, terminate the Contract and complete the W ork by giving notice to CONTRACTOR and his Surety. CONTRACTOR's Surety shall have the right to complete the Work by commencing within 30 calendar days of CITY’s notice; and, in the event CONTRACTOR's Surety fails to commence work within 30 calendar days of CITY’s notice, CITY has the right to complete, or cause completion of the Work.

E. Sureties’ Obligations Upon Termination. If the CITY terminates the Contract pursuant to this Section 16:
(1) The Surety under CONTRACTOR’s performance bond shall be fully responsible for all of the CONTRACTOR’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract, including without limitation CONTRACTOR’s obligations, as provided in the Contract Documents, to complete and provide a one -year warranty of the entire Work, pay liquidated damages and indemnify, defend and hold harmless CITY, up to the full amou nt of the performance bond.
(2) The Surety under CONTRACTOR’s Payment Bond will be fully responsible for the performance of all of the CONTRACTOR’s remaining payment obligations for work, services, equipment or materials performed or provided in connection with the Work or any portion of the Work , up to the full amount of the Payment Bond.

17. Prevailing Wage Requirements.

A. Payment of Prevailing Wages . This Contract is subject to prevailing wage requirements pursuant to Sacramento City Code section 3.60.180. Accordingly,

CONTRACTOR shall comply with all applicable laws and regulations related to payment of prevailing wages and CONTRACTOR shall ensure that every lower-tier subcontractor complies with all applicable laws and regulations related to payment of prevailing wages . Sacramento City Code section 3.60.180 require s, among other things, that CONTRACTOR and every lower -tier subcontractor pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations pur suant to California Labor Code section 1773. CONTRACTOR and every lower -tier subcontractor shall submit certified payrolls and labor compliance documentation electronically when and as required by CITY. CONTRACTOR is responsible for compliance with Sacramento City Code section 3.60.180 and shall incl ude these requirements in every subcontract. The Contract Documents are subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.

B. DIR Registration. California Labor Code section 1725.5 requires the CONTRACTOR and all lower-tier subcontractors performing public works services to be currently registered with the California Department of Industrial Relations (DIR), as specified in California Labor Code Section 1725.5. California Labor Code s ection 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of California Public Contract Code section 4104), or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. The CONTRACTOR shall list the CONTRACTOR’s current DIR registration number, and the current DIR registration number of all lower-tier subcontractors, as part of its GMP Proposal, as shown in the example below:

CONTRACTOR’s DIR No._____________________________
Subcontractor name: ____________________________ DIR No. ____________ Subcontractor name: ____________________________ DIR No. ____________ Subcontractor name: ____________________________ DIR No. ____________

Further information can be found on DIR’s website at
http://www.dir.ca.gov/Public-Works/Contractors.html. The above summary is provided solely for informational purposes, and does not in any way affect the CONTRACTOR’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The CONTRACTOR shall disseminate th ese provisions to every lower-tier subcontractor.

C. Apprentices on Public Work Projects . CONTRACTOR and any subcontractor or subconsultant shall comply with Sacramento City Code section 3.60.190, California Labor Code section 1777.5 et seq., and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices.

CONTRACTOR and any subcontractor or subconsultant performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code section 1777.7. Please refer to Exhibit L for more information, and refer to the link below for guidance in meeting your obligation to satisfy the apprentice requirements for this project:
https://www.dir.ca.gov/das/DASApprenticesOnPublicWorksSummaryOfRequire ments.htm

D. CONTRACTOR agrees to the following:

(1) CONTRACTOR and subcontractors shall pay all mechanics and laborers employed directly on the site of the Work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics.

(2) CONTRACTOR will post the scale of wages to be paid in a prominent and easily accessible place at the site of the Work.

(3) There may be withheld from the CONTRACTOR so much of accrued payments as the CITY considers necessary to pay to laborers and mechanics employed by CONTRACTOR or any subcontractor on the work the difference between the rates of wages required by the contrac t to be paid laborers and mechanics on the work and the rates of wages received. by the laborers and mechanics and not refunded to CONTRACTOR or subcontractors or their agents.

E. . CONTRACTOR and every lower-tier subcontractor is required to submit certified payrolls and labor compliance documentation electronically at the discretion of and in the manner specified by the CITY.

F. Electronic submittal will be performed through a web -based system.

CONTRACTOR and each subcontractor will be given a Log On identification and password to access the CITY’s Reporting System. Use of the system may entail additional data entry of weekly payroll information including employee identification labor classification, total hours worked and hours worked on this project, wage and benefit rates paid, etc. The CONTRACTOR’s payrol l and accounting software might be capable of generating a ‘comma delimited file’ that will interface with the software.

G. These requirements flow down to every lower -tier subcontractor and vendor required to provide labor compliance documentation.

H. All questions regarding the Labor Compliance Program should be directed to the CITY’s Labor Compliance Section at (916) 808-1923.

18. Indemnity.

A. CONTRACTOR shall defend, hold harmless and indemnify the CITY, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonably incurred by CITY’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damage s, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform the Work by the CONTRACTOR, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder, or (ii) such Liabilities are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages fo r death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defects in design furnished by, CITY, its agents, servants, or independent contractors who are directly responsible to CITY, or (ii) the active negligence of CITY. If CITY performs work on the Project or at the Site with separate contractors under CITY’s control, CITY shall hold harmless and indemnify CONTRACTOR for any Liabilities arising from the sole negligence or willful misconduct of CITY’s contractors.

B. The existence or acceptance by CITY of any of the insurance policies or coverages described in this Contract shall not affect or limit any of CITY ’s rights under this Section 18, nor shall the limits of such insurance limit the liability of CONTRACTOR hereunder. The provisions of this Section 18 shall survive any expiration or termination of the Contract.

19. Contractor Shall Assume Risks . Until the completion and final acceptance by CITY of all Work under this Contract, the Work shall be under CONTRACTOR's responsible care and charge, and CONTRACTOR, at no cost to CITY, shall rebuild, repair, restore and make good all injuries, damages, re -erections, and repairs occasion ed or rendered necessary by accidental causes of any nature, to all or any portions of the Work. The CONTRACTOR

shall assume all risks during the Construction Phase as described in Section 3(B), Section 3(C), and the attached Exhibit A.

20. General Liability of Contractor. Except as otherwise expressly stipulated in the Contract Documents, CONTRACTOR shall perform all the work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work required s in the manner and within the time specified in the Contract Documents . The mention of any specific duty or liability of CONTRACTOR shall not be construed as limitation or res triction of any general liability or duty of CONTRACTOR and, any reference to any specific duty or liability shall be construed to be for the purpose of explanation.

21. Contract Adjustments and Disputes. Unless provided to the contrary in the Contract Documents, CONTRACTOR shall continue to perform the Work and CITY shall continue to satisfy its payment obligations to CONTRACTOR, pending the final resolution of any dispute or disagreement between CONTRACTOR and CITY.

22. Performance and Payment Bonds. Prior to CITY’s acceptance of the GMP, CONTRACTOR shall provide a Performance Bond and a Payment Bond to the CITY, each for a sum equal to one hundred percent (100%) of the GMP (refer to Exhibit K) . Each Bond shall be executed by a surety insurer admitted and duly authorized to transact business in the State of California. If the GMP is increased by a Change Order, CONTRACTOR shall increase the Performance and Payment Bond amounts to the extent required by the CITY.

The amount paid by CITY to CONTRACTOR for the Payment Bond and Performance Bond shall be included within the GMP. No additional compensation beyond the GMP amount will be provided to CONTRACTOR for procurement of bonds.

23. Insurance Requirements. During the entire term of this Contract , CONTRACTOR shall maintain in full force and effect the insurance coverage described in this section.

Full compensation for all premiums that CONTRACTOR is required to pay for the insurance coverage described herein shall be included in the compensation specified for performance of the Work under the Contract. No additional compensation will be provided for CONTRACTOR’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to CITY.

It is understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the CONTRACTOR in connection with this Contract.

A. Minimum Scope and Limits of Insurance Coverage.

(1) Commercial General Liability Insurance , providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury,

including death, of one or more persons, property damage and personal and advertising injury, arising out of activities performed by or on behalf of CONTRACTOR and its subcontractors, products and completed operations of CONTRACTOR and its subcontractors, with limits of not less than FIVE million dollars ($5,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. If required, Railroad Protective Liability insurance coverage protecting a railroad from liability it incurs because of the work of contractors on or near the railroad right of way (within 50 feet) in the amount of $2,000,000.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than THREE million dollars ($3,000,000) per accident. The policy shall provide coverage for owned, non -owned and/or hired autos as appropriate to the operations of the CONTRACTOR.
(3) Excess Insurance: The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall appl y on a primary basis for the benefit of the CITY, and any insurance or self-insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it. (4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Worker’s Compensation policy shall include a waiver of subrogation in favor of the CITY.
(5) Pollution Liability.
a) Prior to, and as a condition of, CITY’s acceptance of the GMP, CONTRACTOR shall obtain Pollution Liability insurance. This insurance shall be written in comprehensive form either as a separate policy or as an endorsement to CONTRACTOR’s general liability coverage and shall cover liability for bodily injury, property damage, and environmental damage resulting from pollution and related cleanup costs incurred, all arising out of any Work to be performed under the Contract, including liability for and defense of

lawsuits and regulatory actions. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Coverage shall apply to sudden as well as gradual pollution conditions, including without limitation conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants, including asbestos. The liability limits shall be not less than:

1. Combined Single Limit for each occurrence: $5,000,000.

2. General Aggregate: $10,000,000.

b) If the coverage required is written on a claims -made coverage form:

1. The retroactive date must be shown, and this date must be before the award date of the Contract.

2. Insurance must be maintained and evidence of insurance must be provided for at least five years after final payment.

3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the Contract award date, the CONTRACTOR
must purchase extended reporting period coverage for a
minimum of five years after final payment.

4. A copy of the claims reporting requirements must be
submitted to the CITY for review.

5. If the Work involves lead -based paint or asbestos
identification/remediation, the CONTRACTOR’s Pollution
Liability policy shall not contain lead -based paint or asbestos exclusions. If the Work involves mold
identification/remediation, the CONTRACTOR’s Pollution
Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

(6) Professional Liability Insurance may be required as specified in Section 3 4 below. If such Professional Liability Insurance is required, it shall be provided on a claims made basis for errors, omissions, or malpractice with limits of not less than TWO million dollars ($2,000,000) with a $4,000,000 aggregate, and such insurance must be continued for at least 3 years following completion of all Work under this Contract. The retroactive date must be prior to the date this Contract is approved or any Work is performed.

B. Additional Insured Coverage.

(1) Commercial General Liability Insurance : The CITY, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of : activities performed by or on behalf of CONTRACTOR and its subcontractors; products and completed operations of CONTRACTOR and it
subcontractors; and premises owned, leased or used by CONTRACTOR and its subcontractors.

(2) Automobile Liability Insurance : The CITY, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:

(1) CONTRACTOR’s insurance coverage , including excess insurance, shall be primary insurance as respects CITY, its officials, employees and volunteers.

Any insurance or self-insurance maintained by CITY, its officials, employees or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its officials, employees or volunteers.

(3) Coverage shall state that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(4) CITY will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.

D. Acceptability of Insurance . Insurance shall be placed with insurers with a Bests’ rating of not less than A:V I. Self -insured retentions, policy terms or other variations that do not comply with the requirements of this Section 23 must be declared to and approved by the CITY in writing prior to execution of this Contract.

E. Verification of Coverage.

(1) CONTRACTOR shall furnish CITY with certificates and required endorsements evidencing the insurance required. Copies of policies shall be delivered to the CITY on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.

(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:

City of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564

Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]

(3) The CITY may withdraw its offer of contract or cancel the Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract as set forth below . The CITY may withhold payments to CONTRACTOR and/or cancel the Contract if the insurance is canceled or CONTRACTOR otherwise ceases to be insured as required herein.

4) Pre-Construction Services: For all Pre-Construction Services prior to CITY’s acceptance of the GMP, the CONTRACTOR must have in place the required insurance identified in Section 23(A) with the following exceptions:

a) Commercial General Liability Insurance with limits of not less than one million dollars ($1,000,000) per occurrence.
b) Automobile Liability Insurance with limits of not less than one million dollars ($1,000,000) per accident.
c) Pollution Liability is not required.

5) Construction Services: Upon written acceptance of a GMP by CITY, CONTRACTOR must provide all insurance required in Section 23(A). In addition, Payment and Performance Bonds must be provided as set forth in Section 22.

F. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets at least the minimum scope and limits of insurance coverage specified in Section 23 A. with the exception of pollution and professional liability insurance. Policy limits for Commercial General Liability and Automobile liability insurance must be at least $1,000,000

G. Property Insurance.

(1) CONTRACTOR shall purchase and maintain without interruption, in a company or companies lawfully authorized to do business in California, property insurance written on a builder’s risk “all-risk” or equivalent policy form in the amount of the full replacement cost with a $10,000 deductible.

Earth movement/Earthquake coverage will not be included, as the CITY has directed this will be self-insured by the CITY based on maximum probable loss of the new improvements . Such property insurance shall be maintained, otherwise agreed in writing by all persons an d entities who are beneficiaries of such insurance, until completion and final acceptance of all Work or until no person or entity other than the CITY has an insurable interest in the property required to be covered, whichever is later. This insurance shal l provide for losses to be payable directly to the CITY, CONTRACTOR, or any Subcontractor, as named insureds or loss payees, as their interests may appear. The policy shall have no coinsurance penalty provisions.

(2) This property insurance shall be on an “all-risk” or equivalent policy form and shall include, without limitation, insurance against the perils of lightning, fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collaps e, flood, windstorm, water damage, damage caused by frost and freezing, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the CONTRACTOR’s or architect’s services and expenses (including the services and expenses of subcontractors and subconsultants) required as a result of such insured loss. This property insurance shall include comprehensive boiler and machinery coverage including coverage for installation and testing. The policy shall contain flood limits of $1,000,000 and consequential loss not limited to loss of use to property owner of $132,000.

(3) This property insurance shall cover portions of the Work stored on and off the Project site, and also portions of the Work in transit. CONTRACTOR shall be responsible for any claim in an amount less than $10,000.

(4) CITY will provide coverage for existing structure and will secure a Waiver of Subrogation in favor of the CONTRACTOR from their insurance carrier.

CONTRACTOR and CITY by the nature of the Builder Risk mutually waive subrogation in regards to property cover age for the new work to be installed. Upon CITY’s written notification to CONTRACTOR of CITY’s election to do so, provided at any time prior to CITY’s acceptance of the GMP, CONTRACTOR shall have no obligation to provide property insurance coverage under this subsection G, and any costs incurred by CONTRACTOR

to obtain property insurance coverage of any kind with respect to the Work shall be the sole responsibility of CONTRACTOR and shall not be paid by CITY. CONTRACTOR shall provide suitable written evidence of such coverage to CITY not more than 30 days afte r CITY’s acceptance of the GMP. CITY shall be responsible for the deductible for the CITY’s property policy, except that CONTRACTOR shall fund the first $10,000 of any claim made against the Builders Risk policy.

24. Failure to Maintain Bonds or Insurance.

(1) If, at any time during the performance of this Contract, CONTRACTOR fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, CONTRACTOR shall immediately suspend all Work under the Contract and notify CITY in writing of such failure. After such notice is provided, or if CITY discovers such failure and notifies CONTRACTOR, the CITY thereafter may withhold all Contract payments due or that become due until notice is received by CITY that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the CITY’s Division of Risk Management. CONTRACTOR shall not resume Work until notified by CITY to do so, and the CITY shall have no responsibility or liability for any costs incurred by CONTRACTOR as a result of such suspension of Work.

(2) In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at any time during the performance of this Contract will be sufficient cause for termination of the Contract by CITY.

(3) The CONTRACTOR shall be solely responsible for, and shall defend, indemnify and hold harmless the CITY, its officers, employees and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or termination of the Contract under the provisions of this Section 24.

25. Representatives of the Parties.

A. CITY Representative.

(1) The CITY Representative for this Contract is:

KEVIN LOVE

PROGRAM MANAGER
5730 24TH STREET, BUILDING 4
SACRAMENTO, CA 95822
[email protected]

(2) All CONTRACTOR questions pertaining to this Contract shall be referred to the CITY Representative or the Representative’s designee. Unless otherwise provided in this Contract, all correspondence to the CITY shall be addressed to the CITY Representative.

B. CONTRACTOR Representative.

(1) The CONTRACTOR Representative for this Contract is:
(ENTER CONTRACTOR)

(2) All CITY questions pertaining to this Contract shall be referred to the CONTRACTOR Representative. All correspondence to CONTRACTOR shall be addressed to the CONTRACTOR Representative.

C. All notices delivered under the Contract Documents will be deemed effective according to the provisions of Section 41(F) below.

26. Ownership and Confidentiality of Information.

A. Contractor Information.

(1) CITY shall have full ownership and control, including ownership of any copyrights, of all Information prepared, produced, or provided by CONTRACTOR pursuant to this Contract. In this Contract, the term “Information” shall be construed to mean and include: any and all work product, submittals, reports, plans, specifications, and other deliverabl es consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every o ther means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination of the foregoing. CONTRACTOR shall not be responsible for any unauthorized modification or use of such Information for other than its intended purpose by CITY.

(2) CONTRACTOR shall fully defend, indemnify and hold harmless CITY, its officers and employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepar ed, produced, or provided by CONTRACTOR pursuant to this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. CITY shall make reasonable efforts to notify CONTRACTOR not later than ten (10) days after CITY is served with any such claim, action, lawsuit

or other proceeding, provided that CITY’s failure to provide such notice within such time period shall not relieve CONTRACTOR of its obligations hereunder, which shall survive any termination or expiration of this Contract.

(3) All proprietary and other information received from CONTRACTOR by CITY, whether received in connection with CONTRACTOR’s proposal to CITY or in connection with any Work performed by CONTRACTOR, will be disclosed upon receipt of a request for disclosure, pu rsuant to the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to CITY, CITY shall give notice to CONTRACTOR of any request for the disclosure of such information. The CONTRACTOR shall then have five (5) days from the date it receives such notice to enter into an agreement with the CITY, satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (in cluding plaintiff’s attorney fees) incurred by CITY in any legal action to compel the disclosure of such information under the California Public Records Act. The CONTRACTOR shall have sole responsibility for defense of the actual “trade secret” designation of such information.

(4) The parties understand and agree that any failure by CONTRACTOR to respond to the notice provided by CITY and/or to enter into an agreement with CITY, in accordance with the provisions above, shall constitute a complete waiver by CONTRACTOR of any rights regarding the information designated “trade secret” by CONTRACTOR, and such information shall be disclosed by CITY pursuant to applicable procedures required by the Public Records Act.

B. CITY’s Right to Information at Termination . Should this Contract be terminated, CITY retains the right to utilize consultants, professionals, contractors, sub - contractors and others hired directly or indirectly by the CONTRACTOR to prepare the Information. CONTRACTOR agrees to encourage and facilitate the completion of the Information, and not prohibit or discourage designers, professionals, contractors, sub -contractors and others hired directly or indirectly by the CONTRACTOR from entering into contracts to complete the Information.

C. Confidentiality of CITY Information . D uring performance of this Contract, CONTRACTOR may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets o f the CITY. CONTRACTOR agrees to protect

all CITY Information and treat it as strictly confidential, and further agrees that CONTRACTOR shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any C ITY Information to any third party without the prior written consent of CITY. In addition, CONTRACTOR shall comply with all CITY policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacram ento Administrative Policy Instructions # 30. A vi olation by CONTRACTOR of this Section 26(C) shall be a material violation of this Contract and shall justify legal and/or equitable relief.

27. Accounting Records of Contractor. During performance of the Contract and for a period of three (3) years after completing the entire Work, CONTRACTOR shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices, and shall keep and make such records available for inspection and audit by representatives of the CITY upon reasonable written notice.

28. Use Tax Requirements . D uring the performance of this Agreement, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows:

A. Use Tax Direct Payment Permit : For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Contract and shipped from outside California, the CONTRACTOR and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equali zation (“SBE”) in accordance with the applicable SBE criteria and requirements.

B. Sellers Permit: For any construction contract and any construction subcontract in the amount of $5,000,000 or more, CONTRACTOR and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and use tax to the CITY.

CONTRACTOR and its subcontractors shall remit the self -accrued use tax to the SBE, and shall provide a copy of each remittance to the CITY.

The above provisions shall apply in all instances unless prohibited by the funding source for the Contract.

29. Independent Contractor.

A. It is understood and agreed that CONTRACTOR (including CONTRACTOR’s employees) is an independent contractor and that no relationship of employer - employee exists between the parties hereto for any purpose whatsoever. Neither CONTRACTOR nor CONTRACTOR’s assigned personnel shall be en titled to any benefits payable to employees of CITY. CITY is not required to make any

deductions or withholdings from the compensation payable to CONTRACTOR under the provisions of this Contract, and CONTRACTOR shall be issued a Form 1099 for its services hereunder. As an independent contractor, CONTRACTOR hereby agrees to indemnify and ho ld CITY harmless from any and all claims that may be made against CITY based upon any contention by any of CONTRACTOR’s employees or by any third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance of any Work under this Contract.

B. It is further understood and agreed by the parties hereto that CONTRACTOR, in the performance of its obligations hereunder, is subject to the control and direction of CITY as to the designation of tasks to be performed and the results to be accomplished u nder this Contract, but not as to the means, methods, or sequence used by CONTRACTOR for accomplishing such results. To the extent that CONTRACTOR obtains written permission to, and does, use CITY facilities, space, equipment or support services in the pe rformance of this Contract, this use shall be at the CONTRACTOR’s sole discretion based on the CONTRACTOR’s determination that such use will promote CONTRACTOR’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contra ct, the CITY does not require that CONTRACTOR use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract.

C. If, in the performance of this Contract, any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. Except as may be specifically provided elsewhere in this Co ntract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by CONTRACTOR. It is further understood and agreed that CONTRACTOR shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of CONTRACTOR’s assigned personnel and subcontractors.

D. The provisions of this Section 29 shall survive any expiration or termination of this Contract. Nothing in this Contract shall be construed to create an exclusive relationship between CITY and CONTRACTOR. CONTRACTOR may represent, perform services for, or be employed by such additional persons or companies as CONTRACTOR sees fit provided that CONTRACTOR does not violate the provisions of Section 32, below regarding conflicts of interest.

30. Licenses; Permits; Etc.

A. Permits. CONTRACTOR shall obtain all necessary permits, approvals, fees, licenses, government charges , and inspection charges required for the

prosecution of the Work by any agency or entity having jurisdiction over the Project. CITY shall pay for all necessary permits, inspections, and government charges as set forth in Section 5(D). CONTRACTOR further represents and warrants that CONTRACTOR has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature legally required for CONTRACTOR to practice its profession or provide any Work or services under the Contract. CONTRACTOR represents and warrants that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits, and approvals that are legally required for CONTRACTOR to practice its profession or provide such Work or services. Without limiting the generality of the foregoing, if CONTRACTOR is an out -of-state corporation, CONTRACTOR warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issu ed by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

B. Licensed Design Professionals . CONTRAC TOR shall, consistent with applicable state licensing laws, provide qualified licensed design professionals for any and all design work completed by CONTRACTOR, including all deferred submittals for such items as “fire suppression,” “fire alarm,” “building sec urity alarm,” and similar design and documentation. Qualified licensed design professionals may include licensed contractors preparing designs for work they will install under the provisions of Division 3 of the Business and Professions Code by Section 5537.2 or 6737.3. Nothing in the Contract Requirements is intended or deemed to create any legal or contractual relationship between CITY and any design consultant employed by the CONTRACTOR.

31. Contractor Not Agent . E xcept as CITY may specify in writing, CONTRACTOR and CONTRACTOR’s personnel shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR and CONTRACTOR’s personnel shall have no authority, expres s or implied, to bind CITY to any obligations whatsoever.

32. Conflicts of Interest. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in any manner with the interests of CITY or that would in any way hinder CONTRACTOR’s performance of Work under this Contract. CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written co nsent of CITY.

CONTRACTOR agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY at all times during the performance of this Contract. If CONTRACTOR is or employs a former officer or employee of th e CITY, CONTRACTOR and any such employee(s) shall comply with the provisions of Sacramento City Code section

2.16.090 pertaining to appearances before the City Council or any CITY department, board, commission or committee.

33. Standard of Performance.

A. Pre-Construction Services.

(1) General Standard. CONTRACTOR shall perform all Work required pursuant to this Contract in the manner and according to the standards currently observed by a competent practitioner of CONTRACTOR’s profession in California. All products of whatsoever nature that CONTRACTOR delivers to CITY pursuant to this Co ntract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONTRACTOR’s profession, and shall be provided in accordance with any schedule of performance specified in the Contract Documents. CONTRACTOR shall assign only competent personnel to perform Work pursuant to this Contract.

(2) Design Professional Standard . The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project.

(3) Contractor Staffing . CONTRACTOR shall notify CITY in writing of any changes in CONTRACTOR’s staff assigned to perform the Work required under this Contract, prior to any such performance. In the event that CITY, at any time during the term of this Contract, desires the remova l of any person assigned by CONTRACTOR to perform Work pursuant to this Contract, because CITY, in its sole discretion, determines that such person is not performing in accordance with the standards required herein, CONTRACTOR shall re move such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person.

B. Construction Services.

(1) General Standard. Unless otherwise provided in the Contract Documents to be the responsibility of CITY or a separate contractor, CONTRACTOR shall provide through itself or subcontractors the necessary supervision, labor, inspection, testing, start -up, material, equipment, machinery, temporary utilities and other temporary facilities to permit CONTRACTOR to complete construction of the Project consistent with the Contract Documents and in an efficient manner . CONTRACTOR shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction.

(2) Subcontractors. CONTRACTOR shall employ only subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. CONTRACTOR shall ensure that the sub-contractors have valid A , B, or C contractor’s licenses and make sure they are registered with the California Department of Industrial Relations (DIR) prior to hiring them. CITY may reasonably object to CONTRACTOR’s selection of any subcontractor, provided that the Contract Amount and/or Time of Completion shall be adjusted to the extent that CITY’s decision impacts CONTRACTOR’s overall project cost and/or time of performance.

CONTRACTOR assumes responsibility to CITY for the proper performance of the work of subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between CITY and any subcontractor or sub-subcontractor, including but not limited to any third-party beneficiary rights.

(3) Condition of the Site . CONTRACTOR shall keep the Site reasonably free from debris, trash and construction wastes to permit CONTRACTOR to perform construction services efficiently, safely and without interfering with the use of adjacent land areas, and as further stipulated in th e Contract Documents. When the Work is Substantially Complete, or a portion of the Work has been completed , CONTRACTOR shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions of the foregoing to permit CITY to occupy the Project or a portion of the Project for its intended use. CONTRACTOR shall provide a finished cleaning of all areas acceptable to the CITY before releasing any area to the CITY for occupancy.

(4) Safety at the Site. CONTRACTOR recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site, and (iii) all other property at the Site or adjacent thereto.

CONTRACTOR assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work.

CONTRACTOR shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, CONTRACTOR’s Safety Representative shall be an individual stationed at the Site, during all construction related activities. The Safety Representative shall make routine daily inspections of the Site, shall document inspections in a daily log (including photographs), and shall hold

weekly safety meetings with CONTRACTOR’s personnel, Subcontractors and others as applicable.

(5) Compliance with Safety Legal Requirements . CONTRACTOR and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any CITY -specific safety requirements set forth in the Contract Documents, provided that such CITY -specific requirements do not violate any applicable Legal Requirement. CONTRACTOR shall immediately report in writing to CITY any safety-related injury, loss, damage or accident arising from the Work and, to the extent mandated by Legal Requirements, to all government or quasi -government authorities having jurisdiction over safety-related matters involving the Project or the Work.

(6) Safety Compliance by Subcontractors and Sub -Subcontractors.

CONTRACTOR’s responsibility for safety under this Section 33(B) is not intended in any way to relieve subcontractors and sub-subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages or accidents resulting from their performance o f the Work.

(7) CITY Safety Compliance . CITY shall require all CITY employees, its subcontractors, employees, agents and guests entering the construction site to comply with and obey all CONTRACTOR site rules and safety regulations including attendance at a Project specific orientation.

C. Cooperation Between Parties . CITY and CONTRACTOR commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents.

D. CITY Contractors. If CITY performs other work on the Project or at the Site with separate contractors under CITY’s control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and timely manner, consistent with the Contract Documents, and without unreasonable disruption or interference.

34. Professional Services.

A. The CONTRACTOR shall not provide professional services which constitute the practice of architecture or engineering, unless such services are specifically

required by the Contract Documents for a portion of the Work, and unless the CONTRACTOR has specifically agreed in writing to provide such services, or unless such services are incidental to CONTRACTOR’s development of submittals or shop drawings or the me ans and methods to be used by CONTRACTOR, its subcontractors, or material suppliers.

B. If professional architecture or engineering services are required, the CONTRACTOR shall cause such services to be performed by appropriately licensed professionals, who shall be required to carry professional liability insurance as specified in Section 23 above.

C. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the CONTRACTOR by the Contract Documents, the CONTRACTOR shall cause such services or certifications to be pr ovided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional.

Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval. The CITY shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals.

35. Hazardous Conditions.

A. Unless otherwise expressly provided in the Contract Documents to not be part of the Work, CONTRACTOR is responsible for all Hazardous Conditions encountered at the Site that have been identified in the hazardous materials and geotechnical reports that will be prepared by other consultant(s) for the City and provided to the CONTRACTOR for the areas referenced in Exhibit D (as it may be amended from time to time), as well as all Hazardous Conditions that are the direct or indirect result of work completed by the CONTRACTOR. Upon encountering any previously un-identified Hazardous Conditions, CONTRACTOR shall notify CITY and take steps necessary to protect the W ork and continue working in unaffected areas of the Project Site.

B. Upon receiving notice of the presence of suspected Hazardous Conditions that were not previously identified in the hazardous materials and geotechnical reports referred to in Section 35(A), the CITY shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless.

Such necessary measures shall include CITY retaining qualified independent experts to (i) ascertain whether Hazardous Condition s have actually been encountered, and, if they have been encoun tered, (ii) prescribe the remedial

measures that CITY or CONTRACTOR must take either to remove the Hazardous Conditions or render the Hazardous Conditions harmless.

C. CONTRACTOR shall be obligated to resume work at the affected area of the Project only after CITY’s expert provides it with written certification that (i) the Hazardous Conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site.

D. To the fullest extent permitted by law, CITY shall indemnify, defend and hold harmless CONTRACTOR, Subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions at the Site provided the hazardous condition is not the result directly or indirectly of actions taken by the CONTRACTOR or previously included in the hazardous materials and geotechnical reports referred to in Section 35(A).

E. Notwithstanding the preceding provisions, CITY is not responsible for Hazardous Conditions introduced to the Site by CONTRACTOR, subcontractors or anyone for whose acts they may be liable. CONTRACTOR shall indemnify, defend and hold harmless CITY and CITY’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including atto rneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by CONTRACTOR, subcontractors or anyone for whose acts they may be liable.

36. Differing Site Conditions.

A. Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the W ork are collectively referred to herein as “Differing Site Conditions.”

B. Upon encountering a Differing Site Condition, CONTRACTOR shall provide prompt written notice to CITY of such condition, which notice shall not be later than four (4) calendar days after such condition has been encountered. CONTRACTOR shall, to the exten t reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered.

37. Art in Public Places. The Project is considered an “eligible construction project,” subject to the art in public places requirements of Chapter 2.84 of the Sacramento City Code.

38. Non-Discrimination.

A. Non-Discrimination. CONTRACTOR agrees that it shall not discriminate against any person on account of their sex, race, color, religious creed, ancestry, national origin, disability, medical condition, marital status, age, gender, military or veteran status, genetic informa tion, or sexual orientation in violation of the Fair Employment and Housing Act or the Unruh Civil Rights Act. Upon a final determination by a court of competent jurisdiction that the Grantee has violated either of these Acts, the City may, at its option, (1) withhold payments to CONTRACTOR under this Contract until CONTRACTOR complies; or (2) suspend or terminate this Contract. CONTRACTOR shall include the provisions of this paragraph in every subcontract, including procurement of materials and lease of equipment, unless specifically exempted by the CITY.

B. Non-Discrimination in Employee Benefits . This Contract is subject to the requirements of Sacramento City Code Chapter 3.54, Non -Discrimination in Employee Benefits by City Contractors (also referred to as the “Equal Benefits Ordinance”). A summary of the requirements of Sacramento City Code Chapter

3.54, entitled “Requirements of the Non -Discrimination in Employee Benefits Code” can be viewed at :
http://portal.cityofsacramento.org/Finance/Procurement/Standard-Agreements.

By signing this Contract, CONTRCTOR acknowledges and represents that CONTRACTOR has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by CITY, CONTRACTOR agrees to promptly provide such documents and information as may be required by CITY to verify CONTRACTOR’s compliance. Any violation by CONTRACTOR of Sacramento City Code Chapter 3.54 constitutes a material breach of this Contract, for which the CITY may terminate the Contract and pursue all available legal and equitable remedies.

39. Considering Criminal Conviction Information in the Employment Application Process.

This Contract is subject to the requirements of Sacramento City Code Chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process (also referred to as the “Ban-the-Box” Ordinance). A summary of the requirements of Sacramento City Code Chapter 3.62, entitled “Ban -The-Box Requirements,” can be viewed at:
http://portal.cityofsacramento.org/Finance/Procurement/Standard-Agreements. By signing this Contract, CONTRACTOR acknowledges and represents that CONTRACTOR has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by CITY, CONTRACTOR agrees to promptly provide such documents and information as may be required by CITY

to verify CONTRACTOR’s compliance. Any violation by CONTRACTOR of Sacramento City Code Chapter 3.62 constitutes a material breach of this Contract, for which the CITY may terminate the Contract and pursue all available legal and equitable remedies.

CONTRACTOR agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62, and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.

40. Local Hire and Community Workforce Training Requirements. For Work during the Construction Phase, Contractor shall comply with the requirements of the City’s Local Hire and Community Workforce Training Program and the City’s Community Workforce and Training Agreement, attached hereto as Exhibit M (CWTA). Contract or shall execute Addendum A to the CWTA (“Agreement to be Bound”) and provide an executed original to the City before the Notice to Proceed for the Construction Phase will be issued.

Contractor shall also include the provisions of this section in every subcontract for Work covered by the CWTA. No subcontractor for Work covered by the CWTA may perform Work prior to executing Addendum A and providing the executed original to the City.

41. Ownership of Work. All electronic files, software, licenses, programs, equipment manuals, and databases prepared or obtained by the Contractor in the course of performing any Work under this Agreement shall be conveyed and delivered to and become the property of the City at the termination of this Agreement, for whatever cause. The Contractor and its subcontractors shall convey and transfer any copyrightable interests, trademarks, licenses, and other intellectual property rights in such materials to the City upon completion o f all services under this Agreement and upon payment in full of all compensation due to the Contractor in accordance with the terms of this Agreement.

42. Miscellaneous.

A. Assignment. Neither CONTRACTOR nor CITY shall, without the written consent of the other, assign, transfer or sublet any portion or part of the W ork or the obligations required by the Contract Documents. Any attempted or purported assignment without CITY’s written consent shall be void and of no effect.

B. Binding Effect. CONTRACTOR and CITY intend that the provisions of the Contract Documents are binding upon the parties, and their heirs, executors, administrators, successors and assigns, subject to the provisions of Section 42(A) above.

C. Governing Law . This Contract shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Contract shall lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California,

and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

D. Severability. If any portion of this Contract or the application to any person or circumstance shall be held invalid or unenforceable, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

E. Waiver. No failure or delay by a party in exercising any right, power or remedy under this Contract will operate as a waiver of that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party.

If a party waives any right, power or reme dy, the waiver will not waive any successive or other right, power or remedy the party may have under this Contract.

F. Notice. Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given : (i) if delivered in person to the individual intended to receive such notice ; (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Contract; or (iii) if transmitted by email, by the time stated on the intended recipient’s email.

G. Entire Agreement . The Contract Documents contain the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Contract. No alteration to the terms of the Contract Documents shall be valid unless approved in writing by CONTRACTOR, and by CITY, in accordance with applicable provisions of the Sacramento City Code.

H. Authority. The person signing this Contract for CONTRACTOR hereby represents and warrants that he/she is fully authorized to sign this Contract on behalf of CONTRACTOR and to bind CONTRACTOR to the performance of its obligations hereunder.

I. References. Titles, headings and similar references contained in this Contract are solely to facilitate reference to various provisions of the Contract and in no way affect or limit the interpretations of the provisions to which they refer.

J. Exhibits. All exhibits referred to in this Contract are attached hereto and are by this reference incorporated as if set forth fully in this Contract.

[Signature Page Follows]

Executed as of the day and year first above stated.

CITY OF SACRAMENTO [CONTRACTOR NAME]
A Municipal Corporation Triamid Construction of Central California, Inc.

By: By:

Name: Ryan Moore Name: ___________________________
Title: Assistant City Manager Title: _____________________________ For: Howard Chan, City Manager
__________________________________
APPROVED AS TO FORM: State ID No.
____________________________________ __________________________________ City Attorney Federal ID No.

ATTEST: __________________________________
City of Sac. Business Op. Tax Cert. No
____________________________________
City Clerk
Exhibits:

Exhibit A Scope of Services
Exhibit B Fee Schedule for Pre-Construction Services
Exhibit C Standard Specifications
Exhibit D Drug-Free Workplace Policy and Affidavit
Exhibit E C&D Debris Recycling
Exhibit F Notice Regarding Assembly Bill 626
Exhibit G Local Business Enterprise
Exhibit H Worker’s Compensation Certification
Exhibit I Sample Performance and Payment Bonds
Exhibit J Apprentices
Exhibit K Community Workforce and Training Agreement

EXHIBIT A

SCOPE OF SERVICES

I. PRE-CONSTRUCTION SERVICES

A. Project Development Support . CONTRACTOR shall p articipate in meetings, workshops, hearings and similar activities as necessary to ensure familiarity with the development of the project and provide CITY and design team with feedback, recommendations, and similar advice, consistent with Scope of Service required under this Exhibit and Section

3.A. of this Contract, including development of the design, assumptions, budget, schedule and construction cost. Such meetings shall include:

(1) Design meetings
(2) Conduct site visits and survey of existing field conditions (3) Regulatory meetings and coordination with DDW
(4) Coordination meetings
(5) Constructability review meetings
(6) Value engineering sessions
(7) Cost estimating meetings
(8) Project phasing and segmentation coordination meetings to minimize impact to businesses, residents, and pedestrian/vehicular traffic in project area
(9) Construction coordination with Public Outreach subconsultant and all tenants and events in the project area.
(10) Bid packaging and documentation meetings
(11) Long lead packaging and bidder coordination meetings (12) Bid process meetings
(13) Bid review and GMP coordination meetings
(14) Additional meetings as deemed necessary by CITY for the development and completion of the project through acceptance of the Guaranteed Maximum Price (GMP).

B. Design and Construction Document Constructability Review. CONTRACTOR shall r eview and comment on design concepts, drawings, details, specifications, phasing, materials availability, and scheduling to improve project constructability and implementation.

CONTRACTOR shall have subsystem experts employed by CONTRACTOR or procure qualified subcontractors to assist with the project review. CONTRACTOR review shall include but not be limited to pipeline installation, traffic control, sheeting, shoring, bracing, potholing, highlining existing water services , and other systems within Project scope. Reviews to be completed at 75% Construction Documents (CD) and 90% Construction Documents (CD).

C. Cost Estimating . CONTRACTOR shall coordinate with the City and Design Team to establish cost estimates for the complete scope of work . CONTRACTOR shall include current local market prices available from local contractors/vendors while developing the estimate. Cost Estimates to be completed at 75% and 90% Construction Document phases.

D. Value Engineering. CONTRACTOR shall o rganize and conduct Value Engineering Session(s) with Design Team and other stakeholders. Value Engineering session to be completed at 75% Design Development.

CONTRACTOR shall submit Value Engineering Change Proposals (“VECPs") for the purpose of enabling the CONTRACTOR and the City to take advantage of potential cost and/or time savings or other improvements through change(s) in the requirements of the Contract Documents that do not adversely impact essential characteristics of the Project.

VECPs shall include: a discussion of differences between the existing requirement(s) and the proposed change, together with the advantages and disadvantages of each changed item; and the identification of the estimated net cost and time savings associated with t he proposed VECP.

E. Quality Control Review. CONTRACTOR shall review construction documents for coordination between trades, systems and subsystems, constructability , accuracy and completeness of plans, details and specifications, prior to bidding.

F. Scheduling. CONTRACTOR shall d evelop a phased construction schedule and implementation plan addressing construction activities and the on-going use and operation of the facility. The schedule shall include construction activities as well as the move -in and move-out dates for any impacted users. The phased schedule shall be modified as necessary through completion of the GMP to reflect the project scope. (1) Deliverable: Phased Construction Schedule and Implementation Plan G. Bid Package Preparation . CONTRACTOR shall p repare bid packages for all activities necessary to complete the project. Bid packages shall include alternates acceptable to CITY. (1) Deliverable: Trade Contractor/Bid Package Bidding Documents H. Guaranteed Maximum Price (GMP) . CONTRACTOR shall n egotiate the final GMP package including all construction necessary to provide CITY with a complete and fully functional facility acceptable to CITY. Within 30 days prior to CITY’s acceptance of the GMP, CITY and CONTRACTOR will meet to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment,

to facilitate the ability of the parties to perform their obligations under the Contract Documents.

I. Risk Assessment . CONTRACTOR shall p rovide a Risk Assessment of the design, phasing, options and construction documents during each phase of the design and for all options and alternatives.

(1) Deliverable: Risk Assessment Report(s)

J. Permitting. Obtain building permits and special permits for permanent improvements as required by law or the Construction Documents for the Construction Phase. Assist City and Design Team in obtaining all approvals required from authorities having jurisdiction over the Project.

(1) Deliverable: Building and Encroachment permits (on and off -site), and other jurisdictional permits as required to perform the Construction Phase of the Work.

II. CONSTRUCTION SERVICES
CONTRACTOR shall provide comprehensive construction, management and administrative services required to supply and install all work to complete construction of the Project in accordance with completed construction documents, Project schedule and Guaranteed Maximum Price, as established in the Pre -Construction Phase. CONTRACTOR’s scope of services includes:
• Project Management and Coordination – Provide overall management and coordination services for completion and acceptance of the Construction Phase. Maintain a qualified, full-time staff responsible for implementing plan of construction. Management services include continued efforts as needed with document management, submittal process, value engineering, cost estimating/budget management, material pr ocurement, coordination, project phasing/sequencing and closeout.
• Procurement – Coordinate procurement and deliveries of materials and equipment in accordance with the contract documents.
• Permitting – Obtain any permits that may be in progress or not fully acquired as part of the Pre-Construction Phase; or any permits not identified in the Pre -Construction Phase but needed to proceed with construction.
• Safety – Implement and monitor project specific Safety Plan. Verify and monitor safety programs of all Trades Contractors.
• Project Scheduling – Prepare master project schedule for the Construction Phase comprised of Critical Path Method network in bar chart format. Master project schedule includes all activities, milestones, relationships, durations and other required information to illustrate construction activities required by the contract documents to meet the overall contract duration. Updates will be provided per contract requirements. • Quality Control – Establish Quality Control Plan with Trade Contractors for the project.

Warrant that the materials and equipment provided for the Project will be of good quality and new unless otherwise required or permitted by the Construction Documents; that the const ruction will be free from faults and defects; and that the construction will conform with the requirements of the Construction Documents. • Risk Assessment and Mitigation – Assess and implement a Risk Mitigation Plan related to the overall project.
• Project Cost Control & Reporting – Budget and contingency management of project costs of the GMP.

• Trade Contractor Management – Management of all Trade Contractors relating to budget management, schedule execution and coordination, quality control and verification of safety programs.

• Project Meetings – CITY and CONTRACTOR meetings on a weekly basis or as necessary.

Participate in other meetings as required for Trade Contractor coordination, safety, quality and budget management.

• Document Management – Manage all project documentation during construction and completion of each construction phase, as required by the contract documents. Prolog database platform will be used to collaborate RFIs, submittals and other project management solutions.

• Project Closeout – Manage the project closeout process with Trade Contractors to provide all necessary deliverables and closeout requirements in accordance with the contract documents for the Construction Phase, and any additional documents for the overall project closeout.

EXHIBIT B

FEE SCHEDULE FOR CONSTRUCTION SERVICES

EXHIBIT C

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
(November 2020)

The “Standard Specification for Public Works Construction (November 2020)” shall be limited to work located in the public right -of-way, and the construction of utility services through the property and connecting to any facilities located on the Project site. In the event of any inconsistency between the provisions of the Standard Specifications and the terms and conditions of the Contract Documents, the terms and conditions of the Contract Documents shall govern.

For the purposes of the Contract Documents the following definitions shall apply to the Standard Specifications:

• “Engineer” shall mean “City Representative.”
• “Standard Specifications” shall mean the City of Sacramento’s Standard Specifications for Public Construction dated November 2020, , and any subsequent amendments.
• In the event of any inconsistency between the definitions stated in the Standard Specifications and the definitions in Section 1 of the Contract, the definitions in Section 1 shall govern.

The following Sections of the Standard Specification shall apply to this Project in addition to all other requirements in this Contract:

Section 1 - Definitions (except as otherwise provided in the Special Provisions);
Section 4 - Scope of Work (except as otherwise provided in the Special Provisions);
Section 5 - Control of Work and Materials;
Section 6 - Legal Relations and Responsibilities;
Section 7 - Prosecution and Progress;
Section 8 - Measurements and Payments
Section 10 - Construction Materials (Excluding 10-39 through 10.54 inclusive);
Section 11 - Pre-Construction Photographs (in addition to other contract requirements);
Section 12 - Clearing and Grubbing, Tree Removal;
Section 13 - Existing Facilities;
Section 14 - Earthwork, Excavation, Embankment and Sub-Grade; Section 15 - Water Use In Construction;
Section 16 - Dust Control;
Section 17 - Laying Aggregate Base;
Section 18 - Side Forms and Headers;

Section 19 - Portland Cement Concrete Pavement, Joints and Curing; Section 20 - Concrete Structures;
Section 21 - Placing Steel Reinforcement;
Section 22 - Asphaltic Concrete;
Section 23 - Seal Coat-Armor Top;
Section 24 - Curbs, Gutters, Sidewalks, Gutter Drains;
Section 25 - Manholes and Flusher Branches;
Section 26 - Laying Sewer and Drain Pipe;
Section 27 - Water Distribution Systems;
Section 28 - Laying Culvert and Drain Tile;
Section 29 - Moving and Changing Utilities and Water Services; Section 30 - Cast-In-Place Concrete Pipe;
Section 32 - Miscellaneous Facilities;
Section 33 - Pneumatically Applied Mortar (Gunite);
Section 34 - Electrical;
Section 37 - Boring and Jacking;
Section 38 - Standard Details (including elimination of out dated drawings and replacement with latest drawings available).

EXHIBIT D

DRUG FREE WORKPLACE POLICY AND AFFIDAVIT
Pursuant to City Council Resolution CC90-498 dated 6/26/90, the following is required.

The undersigned contractor certifies that it and all subcontractors performing under this Contract will provide a drug-free workplace by:

1. Publishing a "Drug -Free Workplace" statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Establishing a Drug-Free Awareness Program to inform employees about:
a. The dangers of drug abuse in the workplace.
b. The contractor's policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance program. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

3. Notify employees that as a condition of employment under this Contract, employees will be expected to:
a. Abide by the terms of the statement.
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace.

4. Making it a requirement that each employee to be engaged in the performance of the Contract be given a copy on the "Drug-Free Workplace" statement.

5. Taking one of the following appropriate actions, within thirty (30) days of receiving notice from an employee or otherwise receiving such notice, that said employee has received a drug conviction for a violation occurring in the workplace:
b. Taking appropriate disciplinary action against such an employee, up to and including termination; or
c. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.
* I certify that no person employed by this company, corporation, or business has been convicted of any criminal drug statute violation on any job site or project where this company, corporation or business was performing was within three years of the date of my signature below.

EXCEPTION: _______________ _______________________ ____________________ Date Violation Type Place of Occurrence
If additional space is required, use back of this form. * The above statement will also be incorporated as a part of each subcontract agreement for any and all subcontractors selected for performance on this project.

THE CONTRACTOR WITH HIS/HER SIGNATURE REPRESENTS TO THE CITY THAT THE INFORMATION DISCLOSED IN THIS DOCUMENT IS COMPLETE AND ACCURATE. IT IS

UNDERSTOOD AND AGREED THAT FALSE CERTIFICATION IS SUBJECT TO IMMEDIATE TERMINATION BY THE CITY.

The Representations Made Herein On This Document Are Made Under Penalty of Perjury.

CONTRACTOR'S NAME: _________________________________________________ BY: _____________________________ _______________________ ___________ Signature Title Date
Effects of violations: a. Suspension of payments under the Contract. b. Suspension or termination of the Contract. c. Suspension or debarment of the contractor from receiving any Contract from the City of Sacramento for a period not to exceed five years.

EXHIBIT E

CONSTRUCTION & DEMOLITION DEBRIS RECYCLING REQUIREMENTS

EXHIBIT F
Notice Regarding Assembly Bill 626

Assembly Bill 626 (AB 626), signed into law September 29, 2016, established a new claim resolution process for public works project contracts entered into on or after January 1, 2017. AB 626 is codified in Section 9204 of the California Public Contract Cod e. Section 9204 was set to expired on January 1, 2020, but it was extended by AB 456 until January 1, 2027. A s of January 1, 2027, Section 9204 will be repealed unless another statute extends or deletes that sunset date.

Public Contract Code Section 9204 applies to any “claim,” as defined in Section 9204, which is presented by the Contractor to the City. Section 9204 defines a “claim” as a separate demand by the Contractor sent by registered mail or certified mail with ret urn receipt requested, for one or more of the following: (1) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; (2) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; or (3) payment of an amount that is disputed by the City.

If Contractor presents a claim to the City in accordance with the provisions of Public Contract Code Section 9204 (hereafter referred to as a “Claim”), the process specified in Section 9204 will be followed, and the provisions of Section 4 -8 (Disputed Clai ms) and Section 4-9 (Review by Claim Review Committee and Issuance of Decision by Department Director) of the City’s Standard Specifications for Public Construction will not apply to the Claim. Contractor’s Claim shall comply with the provisions of Section 4-7 (Notice of Claims for Additional Compensation or Damages) of the City’s Standard Specifications or Contractor shall give a separate written notice of potential claim that complies with the requirements specified in Section 4 -7, except in any case wher e compliance with the requirements specified in Section 4 -7 would conflict with Public Contract Code Section 9204.

Subsection (e) of Public Contract Code Section 9204 requires that the text of Section 9204 or a summary be set forth in the plans or specifications for any public works project that may give rise to a claim under Section 9204.

The full text of Public Contract Code Section 9204 is as follows:

9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

2. Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

3. Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter ci ty, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and form ed to carry out the purposes of the public agency.

(B) “Public entity” shall not include the following:

(i) The Department of Water Resources as to any project under the jurisdiction of that department.

(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying wha t portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified b y the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the dispu ted portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

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

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A cla im that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsib ility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower ti er subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.

(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

EXHIBIT G

LOCAL BUSINESS ENTERPRISE

EXHIBIT H
WORKERS’ COMPENSATION CERTIFICATION

EXHIBIT I

SAMPLE BONDS

City of Sacramento – RFP
Bid # P24141322041
Lavender Heights WM
Replacement Project

APPENDIX L

DRAWINGS/ PROPOSED DIVISION SPECIFICATIONS
Lavender Heights WM Project
02072 - 1 Lavender Heights Water Main Project

TABLE OF CONTENTS
SECTION 1 – GENERAL REQUIREMENTS ............................................................................................... 4

1.01 Project Description ....................................................................................................................................... 4

1.02 Site Walk ...................................................................................................................................................... 4

1.03 Project Duration ........................................................................................................................................... 4

1.04 Facility Location and Description ................................................................................................................. 4

1.05 Time of Award .............................................................................................................................................. 4

1.06 Providing Bonds and Surety ......................................................................................................................... 4

1.07 Interpretation of Contract Documents ........................................................................................................ 5

1.08 Proof of Compliance with Contract .............................................................................................................. 5

1.09 Submittals .................................................................................................................................................... 5

1.10 Project Signs ................................................................................................................................................. 6

1.11 Manufacturer’s Instructions......................................................................................................................... 6

1.12 Project Scheduling ........................................................................................................................................ 7

1.13 Administrative Penalty Ordinance ............................................................................................................... 7

1.14 Water Quality Control .................................................................................................................................. 8

1.15 Communication with City Engineer .............................................................................................................. 8

1.16 Health and Safety Requirements ................................................................................................................. 8

1.17 Wastewater Discharge and Solids Disposal ................................................................................................. 9

1.18 Compliance with Permit, License, and Regulatory Requirements ............................................................... 9

1.19 Materials and Equipment ............................................................................................................................. 9

1.20 Public Right-of-Way and Easements ............................................................................................................ 9

1.21 Existing Facilities and Improvements ......................................................................................................... 10

1.22 Coordination of Work ................................................................................................................................ 10

1.23 Maintaining Water, Sewer, and Drainage Flows ........................................................................................ 10

1.24 Temporary Diversion of Sewer and Drainage Flows .................................................................................. 10

1.25 Work Performed by City Crews .................................................................................................................. 11

1.26 Existing Site Conditions .............................................................................................................................. 11

1.27 Handling and Removal of Hazardous or Contaminated Materials ............................................................. 12

1.28 Public Notification of Work ........................................................................................................................ 12

1.29 Maintenance of Traffic, Public Safety, and Convenience ........................................................................... 13

1.30 Work Performed by City Crews .................................................................................................................. 15

1.31 Existing Utilities .......................................................................................................................................... 16

1.32 Maintaining Water, Sewer, and Drainage Flows ........................................................................................ 16

1.33 Maintaining Existing Electrical Facilities ..................................................................................................... 17

1.34 Notification to Property Owners ................................................................................................................ 17

1.35 Removal of Street Parking .......................................................................................................................... 17

1.36 Dust Control ............................................................................................................................................... 18

1.37 Material Stockpiling Limits ......................................................................................................................... 18

1.38 Potholes and Excavations on Private Property .......................................................................................... 18

1.39 Project Closeout ......................................................................................................................................... 18

1.40 Payment ..................................................................................................................................................... 18 SECTION 2: TECHNICAL SPECIFICATIONS – General Water Construction ...................................... 20

2.01 AWWA Standards – Water Mains .............................................................................................................. 20

2.02 Opening Direction of Valves and Fire Hydrants ......................................................................................... 20

2.03 Trench Excavation and Backfill ................................................................................................................... 20

2.04 Pavement Cutting and Surface Restoration ............................................................................................... 20

2.05 Temporary Paving ...................................................................................................................................... 21

2.06 Disinfection and Pressure Testing of Water Mains and Services ............................................................... 22

2.07 Distribution System Shutdowns for Water Main Installation & Connections ............................................ 22 02072 - 2 Lavender Heights Water Main Project

2.08 Water System Shutdowns for Residential Water System Tie-Ins ............................................................... 23

2.09 Plugging Fixtures ........................................................................................................................................ 23

2.10 Construction of Domestic Water Services ................................................................................................. 23

2.11 Connection of Residential and Commercial Water Services ...................................................................... 26

2.12 Phasing of Construction ............................................................................................................................. 27

2.13 Dewatering and Infiltration Control ........................................................................................................... 28

2.14 Construction Photographs and Video ........................................................................................................ 28

2.15 Tree Preservation Requirements ............................................................................................................... 29

2.16 Archeological Resources Discovery ............................................................................................................ 30

2.17 State Water Resources Control Board Requirements ................................................................................ 31

2.18 Water Main, Water Service Lateral and Valve Abandonment .................................................................. 31

2.19 Fire Hydrant Installation............................................................................................................................. 33

2.20 Disposal ...................................................................................................................................................... 33

2.21 Payment ..................................................................................................................................................... 33 SECTION 3: TECHNICAL SPECIFICATIONS – Site Improvements ...................................................... 34 Section 01330 - Submittals ...................................................................................................................................... 34 Section 01400 – Construction Staking ..................................................................................................................... 38 Section 01410 - Quality Control .............................................................................................................................. 40 Section 01500 – Construction Facilities and Temporary Controls .......................................................................... 43 Section 01505 - Mobilization And Demobilization .................................................................................................. 47 Section 01550 – Traffic Control ............................................................................................................................... 48 Section 01600 – Materials and Equipment ............................................................................................................. 52 Section 01770 – Contract Closeout ......................................................................................................................... 56 DIVISION 2 – SITE CONSTRUCTION ....................................................................................................... 58 Section 02072 – Temporary Potable Water Supply System .................................................................................... 58 Section 02220 - Demolition and Salvage Of Materials ............................................................................................ 65 Section 02240 – Control of Water ........................................................................................................................... 67 Section 02250 - Sheeting, Shoring, and Bracing ...................................................................................................... 69 Section 02315 - Earthwork ...................................................................................................................................... 70 Section 02321 - Controlled Density Fill ................................................................................................................... 76 Section 02740 - Paving and Gravel Surfacing .......................................................................................................... 78 Section 02741 - Asphalt Concrete Paving................................................................................................................ 81 DIVISION 3 – CONCRETE ......................................................................................................................... 83 Section 03100 – Concrete Framework .................................................................................................................... 83 Section 03150 – Concrete Accessories .................................................................................................................... 87 Section 03300 - Cast-In-Place Concrete .................................................................................................................. 91 DIVISION 4 – MASONRY (Not Used) ...................................................................................................... 100 DIVISION 5 – METALS (Not Used) ......................................................................................................... 101 DIVISION 6 – WOOD AND PLASTIC (Not Used) ................................................................................... 102 DIVISION 7 – THERMAL AND MOISTURE PROTECTION (Not Used) ................................................. 103 DIVISION 8 – DOORS AND WINDOWS (Not Used) ............................................................................... 104 DIVISION 9 – FINISHES (Not Used) ....................................................................................................... 105 DIVISION 10 – SPECIALTIES (Not Used) .............................................................................................. 106 DIVISION 11 – EQUIPMENT (Not Used) ................................................................................................. 107 DIVISION 12 – FURNISHINGS (Not Used) ............................................................................................. 108 02072 - 3 Lavender Heights Water Main Project
DIVISION 13 – SPECIAL CONSTRUCTION (Not Used) ....................................................................... 110 DIVISION 14 – CONVEYANCE SYSTEMS (Not Used) .......................................................................... 111 DIVISION 15 – MECHANICAL ................................................................................................................. 112 Section 15055 - Piping Materials And Components .............................................................................................. 112 Section 15060 - Pipe and Pipe Fittings .................................................................................................................. 115 Section 15064 – PVC Pipe ...................................................................................................................................... 123 Section 15066 - Fusible Polyvinyl Chloride Pipe for Installation by Pipe Bursting ................................................ 129 Section 15100 - Valves & Miscellaneous Components ......................................................................................... 140 Section 15110 - Air and Vacuum Valve Assemblies .............................................................................................. 143 SECTION 4 – ITEMS OF THE PROPOSAL ............................................................................................. 145 ITEM 1: Pre-Mobilization Site Video ............................................................................................................. 145 ITEM 2: Mobilization, Site Setup, Demobilization, and Site Cleanup ........................................................... 145 ITEM 3: Traffic Control .................................................................................................................................. 145 ITEM 4: Sheeting, Shoring, and Bracing ........................................................................................................ 146 ITEM 5: Stormwater Protection .................................................................................................................... 146 ITEM 6: 8-Inch Water Main to Furnish and Install by Open Cut Construction ............................................. 146 ITEM 7: Replace 6-Inch Water Main with 8-Inch Water Main by Pipe Bursting Construction Description 147 ITEM 8: Abandon 6-Inch Water Main and Remove Existing Valves, Tees, and Saddles ............................... 147 ITEM 9: Construct 8-Inch Gate Valves .......................................................................................................... 148 ITEM 10: Construct 2-Inch ARV....................................................................................................................... 149 ITEM 11: Construct 4-Inch Blow-Off ............................................................................................................... 149 ITEM 12: Construct Fire Hydrant and Assembly ............................................................................................. 150 ITEM 13: Construct Tie-In Connections .......................................................................................................... 150 ITEM 14: Highlining Services ........................................................................................................................... 151 ITEM 15: Potholing ......................................................................................................................................... 151 ATTACHMENT B - Project Task Completion Form ................................................................................................. 152 ATTACHMENT C - Daily Field Log ........................................................................................................................... 154 ATTACHMENT D - Neighborhood Notification Letter............................................................................................ 156 02072 - 4 Lavender Heights Water Main Project
SECTION 1 – GENERAL REQUIREMENTS

1.01 Project Description
The City of Sacramento seeks bids from qualified Contractor s to furnish and install 8 -inch diameter water mains. Included is all work necessary to furnish, install, remove, abandon, pressure test, disinfect, and connect water pipe, fittings, appurtenances, valves, fire hydrants and appurtenances at various commercial and residential properties within designated areas of the City of Sacramento as indicated on the plans and connecting to the existing distribution system as indicated on the Plans. This contrac t also covers connecting city water services to existing water services as shown on the Plans and in these Special Provisions.

Contractors are to provide all labor, materials, and equipment necessary to successfully complete the project. All work shall be performed in accordance with the requirements presented in these Special Provisions, the City of Sacramento Standard Specificat ion adopted November 2020 (CSSS), and the contract documents. The Special Provisions contained herein are intended to be consistent with the California Department of Public Health Waterworks Standards, ANSI/AWWA Standard A100 -06 and NSF/ANSI Standards 60 and 61. No exceptions to the project requirements shall be made unless a written request is made by the Contractor and written approval is provided by the Engineer before the work is performed.

1.02 Site Walk
The project site walk shall begin approximately two weeks after bid posting at 9 a.m. at the corner of 20th St and Improv Alley in Midtown, Sacramento CA.

1.03 Project Duration
It is anticipated that the project shall be completed within 270 calendar days of the Contractor receiving notice to proceed from the City.

1.04 Facility Location and Description
The project will upsize approximately 2,000 linear feet of 6” cast iron water main to 8” water main and construct 1,500 linear feet of 8” water main in Midtown, Sacramento. The upsized pipe is located within Improv Alley from 20th Street to 23rd Street and Jazz Alley from 20th Street to 22nd Street. The additional constructed pipe is located within 20th and 22nd Streets between Kayak Alley and Improv Alley.

1.05 Time of Award
Time of Award for this contract shall be made within Sixty (60) calendar days after opening of the proposals to the lowest responsible bidder, per Section 3-2 of the CSSS.

1.06 Providing Bonds and Surety
The Contractor shall provide a signed Agreement and surety bonds within ten (10) calendar days after receipt of notice to award by the City and prior to award by the City Council. The Contractor shall be reimbursed for all surety bond costs should the City Council not award a contract. 02072 - 5 Lavender Heights Water Main Project

1.07 Interpretation of Contract Documents
Questions from bidder’s concerning the interpretation of any portion of the contract documents may be directed to Julia McBride of the City of Sacramento, Department of Utilities, 1395 35 th Ave, Sacramento, California, 95822, phone (916) 808 -1802. Interpretation, where necessary, shall be made by the City in the form of an addendum to the contract documents and, when issued, shall be sent as promptly as is practicable to all parties to whom the bid documents have been issued. All such addenda shall become part of the contract.

It shall also be the bidder's responsibility to call to the attention of the Engineer any missing pages or drawings in the contract documents including the addenda. These items shall be brought to the attention of the Engineer at least seven (7) calendar days prior to the bid opening date.

1.08 Proof of Compliance with Contract
In order that the Engineer may determine whether the Contractor has complied with the requirements of the contract documents not readily determinable through inspection and tests of plant, equipment, work, or materials, the Contractor shall at any time whe n requested, at the Contractor's expense, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his compliance with such requirements.

1.09 Submittals
Contractor must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer. In accordance with Section 5-7 of the CSSS, Contractor shall prepare and submit for review four (4) copies of the following submittals:

1. Construction Activity Time Schedule

2. Pre-Construction photos and videos

3. Traffic Control Plan

4. Water Distribution Pipe

5. Gate Valves and Fittings

6. Fire Hydrant Assemblies

7. Erosion, Sediment, and Pollution Control Plan

8. Residential and Commercial Water Service Lateral Materials

9. Public Notification Information and Identification Badge

10. Phasing Plan

11. Trench Sheeting, Shoring and Bracing Plan

12. Pipe Bursting Construction Details
a. Detailed construction procedures and layout plans to include pipe bursting method; sequence of construction; insertion pit(s) size and locations; method to reconnect and restore sewer services; joining plan; equipment storage area; surface heave/settlement plan, etc.
b. Contractor qualifications: The Contractor shall submit a statement of qualifications, in conformance with the submittal requirements included herein, that demonstrates that the Contractor’s on-site foreman has a minimum three years of pipe bursting experience and has successfully completed at least five similar projects. Submittal shall include length, host pipe size, replacement pipe size and contact information that will allow confirmation of qualification statement. 02072 - 6 Lavender Heights Water Main Project

c. Certifications: The Contractor shall submit certifications of training by the pipe bursting systems manufacturer stating that their operators have been fully trained in the use of the pipe bursting equipment. Certifications of training from the pipe fusion manufacturers shall also be submitted stating that the operators have been fully trained in the use of the fusion equipment.
d. Manufacturer’s technical data showing complete information on material composition, physical properties and dimensions of the new pipe and fittings.

Manufacturer’s recommendations for transport, handling, storage, and repair of pipe and fittings shall be included.
e. Contingency plan for the following potential concerns; i) Unforeseen obstruction(s) causing burst stoppage, such as unanticipated change(s) in host pipe material, repair section(s), concrete encasement(s), buried or abandoned manhole(s), or changes in direction not depicted on the Plans.
ii) Damage to existing water main and water service connections and methods of repair.
iii) Damage to other existing utilities.
iv) Loss of and return to line and grade.
v) Excessive soil heaving or settlement

13. Water Quality Control Plan

Contractor is advised that at the Engineer’s discretion, the above list may be expanded to include additional items to which Section 5-7 of the CSSS shall apply. Contractor shall keep one (1) copy of the approved Traffic Control Plan at all times while work is being performed.

1.10 Project Signs
Prior to beginning any onsite work the Contractor shall install one (1) project sign. The signs shall be supplied by the City and are approximately 30 -inches by 54-inches. Location and height of sign installation shall be as directed by the Engineer . In general, the signs shall be affixed to a 4”x4” post installed a minimum of seven (7) feet and maximum of ten (10) feet above surrounding grade. If acceptable to the Engineer an existing sign post may be used, otherwise, the Contractor shall be required to install a new post.

In addition, the Contractor will be provided two small signs, approximately two (2) by three (3) feet. Placement shall be on barricades and located at each end of the work area where only retrofits are being performed. Signs shall be removed at the end of each work day and placed accordingly on the next construction day.

Replacement of lost or damaged material shall be at the Contractor’s expense.

Each sign and post installed by the Contractor shall be removed at the end of the project and the sign returned to the City.

1.11 Manufacturer’s Instructions
Contractor shall comply with manufacturer's installation instructions and procedures in accordance with Section 5-16 of the City CSSS.
02072 - 7 Lavender Heights Water Main Project

1.12 Project Scheduling
The Contractor shall submit a detailed schedule showing all items of work prior to initiating work.

The schedule shall be submitted, reviewed and updated in accordance with Section 7 -2 of the CSSS. No progress payments shall be made for work completed prior to acceptance of the schedule.

The activity time schedule shall indicate the chronological sequence in which the Contractor proposes to carry out each aspect of the work, the calendar dates on which the Contractor will begin the several salient elements of the work (procurement and delivery of materials, posting of “No Parking” signs, notification of property owners, scheduling of equipment, excavation of trenches, placement of pipe, etc.), and the contemplated dates for completing said salient elements.

The Contractor shall contact the Engineer at least forty-eight (48) hours in advance of any change in the work schedule. If the Contractor desires to make a major change in his method or operations after commencing construction, or if the activity time schedule fails to reflect the actual progress of the work, the Contractor shall submit a revised schedule to the Engineer in advance of beginning revised operations. If the contractor’s schedule is rejected by the Engineer, the Contractor will have three working days to make revisions and resubmit a revised schedule. Failure to comply may result in the suspension of all work.

At the very minimum, the Contractor shall update the construction activity time schedule every thirty (30) calendar days throughout the duration of the project.

Weekend, night, and holiday work shall be done in accordance with Section 7-4 of the CSSS.

1.13 Administrative Penalty Ordinance
The Contractor shall become familiar with Chapter 12.20 of the City Code which contains minimum requirements and restrictions relating to construction activities within the City right -of- way and establishes administrative penalties for non -compliance of these requirements. The Contractor may be assessed the administrative penalty for each violation of any provision addressed by the ordinance, unless modified herein, and amounts can be deducted from the Contract. The ordinance includes the following general categories:
• Working hours for the City’s “Primary Streets”
• Traffic control plan requirements
• Access to private property
• Maintenance of construction areas
• Maintenance of traffic, public safety, and convenience • Care of existing known facilities
• Protection of existing improvements
• Public notification
• Noise levels
Copies of the ordinance are available from the City Clerk’s Offic e at 915 I Street, Sacramento, CA 95814, and at www.cityofsacramento.org.
02072 - 8 Lavender Heights Water Main Project

1.14 Water Quality Control
The Contractor shall be responsible for the requirements consisting of regulations contained in the National Pollution Discharge Elimination System (NPDES) Stormwater Permit issued to the City and in accordance with Section 16 of the CSSS.

The City reserves the right to take corrective action and withhold the City’s costs for corrective action from progress payments or final payment in accordance with Section 7, “Retention of Sums Charged against the Contractor”, of the Agreement, contained herein. Any fines, including third- party claims, levied against the City as a result of the Contractor’s non -compliance are the Contractor’s sole responsibility and shall be withheld from progress payments or final payment in accordance with Section 7 of the Agreement.

1.15 Communication with City Engineer
The Engineer for the project shall be a member of City staff. The Engineer shall not be on -site during all portions of the project work and the Contractor shall be required to communicate by cell phone and email during performance of the work. A communication schedule shall be developed with the successful bidder. Copies of daily field logs shall be delivered to the Engineer during the project on a daily basis. An example daily field log is provided as Attachment C. A complete set of all daily field logs shall also be provided to the Engineer upon completion of the project. The Contractor shall also submit updated versions of the Project Task Completion Form (Attachment B) as project tasks are completed.

1.16 Health and Safety Requirements
The Contractor is warned that existing sewers and appurtenances have been exposed to sewage and industrial wastes. These facilities shall therefore be considered contaminated with disease- causing organisms. Personnel in contact with contaminated faciliti es, debris, wastewater, or similar items shall be advised by the Contractor of the necessary precautions that must be taken to avoid becoming diseased. It is the Contractor's responsibility to urge his personnel to observe a strict regime of proper hygien ic precautions, including any inoculations recommended by the local public health officer.

Because of the danger of solvents, gasoline, and other hazardous material in the existing sewers, these areas shall be considered hazardous to open flame, sparks, or unventilated occupancy.

The Contractor shall be aware of these dangers and shall take the necessary measures to assure his personnel observe proper safety precautions when working in these areas.

The Contractor shall not allow any wastewater to discharge from sewage collection systems onto adjacent lands or waters. In case of accidental discharge, the Contractor shall be responsible for containment, immediate cleanup and disposal at his own expens e to the full satisfaction of the Engineer. Where containment is not possible, adequate disinfection shall be provided by the Contractor at his expense as directed by the Engineer or agency with jurisdiction. If, in the opinion of the Engineer, the Contr actor fails to adequately follow the above guidelines, he shall make arrangements to have the work done by others, and have the cost charged to the Contractor.

A project-specific health and safety plan shall be prepared by the Contractor and submitted to the Engineer before mobilization to the site. Maintenance of an exclusion zone is required for all tasks conducted by the Contractor on the well site regardless of whether specifically mentioned in individual task descriptions in the Technical Specifications. All staff who shall be on-site during the handling of chemicals must be HAZWOPER trained (40 -hour and 8 -hour annual refresher) 02072 - 9 Lavender Heights Water Main Project

consistent with CFR 291910.120. The Contractor shall provide evidence of appropriate training before chemicals are handled on-site.

1.17 Wastewater Discharge and Solids Disposal
All wastewater shall be contained in tanks until discharged. Space restrictions may make on-site storage not possible and other approaches may be required. All tanks used to store wastewater shall be thoroughly cleaned prior to arrival on site. Tanks that arrive on site will be inspected by the Engineer prior to use to ensure no chemical odors, residues, or solids are present from previous usage. Any tank deemed not sufficiently clean by the Engineer will not be permitted for use. Wastewater discharge shall be to the local sanitary district at specified discharge locations and rates. The Contractor must comply with the discharge requirements set by the sanitary district (i.e., pH, TSS, dissolved constituent concentrations, etc.). A copy of the wastewater discharge permit that has been issued to the City by the Sacramento Regional County Sanitation District (Attachment A) provides information reg arding the discharge requirements and locations. The City shall periodically verify Contractor compliance with the discharge requirements by collecting samples and conducting chemical analysis on site and at its laboratory. The Contractor shall not be responsible for sample collection and analysis, but shall be responsible for meeting all other permit requirements, including but not limited to pH testing of the water prior to it entering the sewer system. There may be delays before discharge is allowed while the chemical analyses are performed. Additional compensation shall not be provided to the Contractor should a delay occur that is related to sample analysis and the results that are produced.

1.18 Compliance with Permit, License, and Regulatory Requirements The Contractor is responsible for compliance with all permit, license, and regulatory requirements (i.e., OSHA, Department of Transportation, local encroachment, air quality) for performing the work. The Contractor is responsible for acquisition and payment of any necessary encroachment permits from the City, and any permit s required by the Sacramento County Environmental Management Department.

1.19 Materials and Equipment
The Contractor is responsible for the care and protection of all materials and equipment until the completion and final acceptance of the work, in accordance with Sections 5-15, 5-16, 5-17, 5-18, 5-21, and 5-22 of the CSSS and these Special Provisions.

1.20 Public Right-of-Way and Easements
All water, sewer & drainage pipe and appurtenances used as part of this project are to be placed within public street rights -of-way and easements. The Contractor shall confine his or her operations within the limits of existing street right-of-way or easements as much as practicable.

In the event the Contract requirements necessitate the Contractor to encroach onto adjoining private property the Contractor shall make all necessary arrangements with the owner of the property for such encroachment. A copy of any written agreements enter ed into between the Contractor and the property owner concerning encroachment onto private property shall be provided to the Engineer prior to beginning any work on the property described in the agreement. 02072 - 10 Lavender Heights Water Main Project

1.21 Existing Facilities and Improvements
Protection and maintenance of existing utilities shall meet the applicable requirements of Section 13 of the CSSS and these Special Provisions.

Connection to City water supply requires backflow protection to be approved by the Engineer.

The location, alignment, and depth of existing underground utilities are taken from public records and no responsibility is assumed for the accuracy thereof. Attention is directed to the provisions in Section 6-19 of the CSSS. The Contractor shall insure that utility services to customers in the project area are maintained.

The cost of relocating existing overhead and/or underground utilities not specified on these Special Provisions to be relocated but are relocated or cut and reconnected at the Contractor’s choice, shall be borne by the Contractor.

The Contractor shall be responsible for repairing damage to existing improvements, utilities, and adjacent property in accordance with Section 13-1 of the Standard Specifications.

The Contractor shall operate irrigation systems, identify existing damage, and report findings to the Engineer prior to beginning construction at each residence. The Contractor shall replace irrigation features to match pre-construction conditions. Any removed or damaged landscaping features shall be relocated or replaced to match pre-construction conditions at no additional cost to the City.

1.22 Coordination of Work
The Contractor shall cooperate and coordinate with the residents and business owners adjacent to each well site throughout the course of construction and shall minimize impacts to the residents and business owners.

1.23 Maintaining Water, Sewer, and Drainage Flows
The Contractor shall be responsible maintaining water, sewer, and drainage flows , including emergency repairs and temporary bypasses, in accordance with Section 13-2 of the CSSS until the final completion of the project.

The Contractor shall be responsible for maintaining existing drainage flow until the final completion of the project. This includes removal of ponded water from any temporary low points created during construction.

The Contractor shall be responsible for maintaining existing sewer flows until new sewer improvements are complete and functioning. The cut sewer services shall be replaced or repaired by 5:00 PM of the same day and shall be constructed per Standard Drawing S-260 & S-265.

No additional compensation shall be paid to the Contractor for maintenance of existing facilities; the cost of this work shall be included in the various contract items of work.

1.24 Temporary Diversion of Sewer and Drainage Flows
Should it become necessary for the Contractor to temporarily divert, bypass, or impound flows carried by existing sewer or drainage systems through or around the construction operations 02072 - 11 Lavender Heights Water Main Project

within the limits of this project, the Contractor shall prepare a plan of such diversion, bypass, or impoundment and submit the plan to the Engineer for approval.

The plan shall be sufficiently detailed to illustrate the concept proposed. The plan shall also provide information on the quantity of flow to be conveyed by the diversion or bypass system or the volume to be impounded. The plan shall indicate the number , size and configuration of any channel, and the size and configuration of any impoundment basin to be used.

Bypass pumping shall consist of furnishing, installing, and maintaining all power, primary and standby pumps, appurtenances and bypass piping required to maintain existing flows and services. The bypass pumping and/or diversion plan shall include provisions for a backup system in case of failure of the primary bypass system. The plan for temporary diversion or bypassing of existing sewer or drainage flows shall be submitted to the Engineer a minimum of ten (10) working days prior to the start of work on any temporary system. The Contractor shall not begin work on temporary diversion, bypass, or impoundment system until an approved plan is on file with the Engineer.

Bypass pumping shall be done in such a manner as not to damage private or public property, create a nuisance or public menace, and shall be subject to the City’s noise ordinance. The pumped sewage shall be in an enclosed hose or pipe that is adequately pr otected from traffic, and shall be redirected into a sanitary sewer system. Dumping or free flow of sewage on private property, gutters, streets, sidewalks, or into storm sewers is prohibited. The Contractor shall be liable for all cleanup, damages, and r esultant fines in the event of a spill. After the work is completed, flow shall be returned to the rehabilitated sewer.

The Contractor shall take all necessary precautions including monitoring of bypass pumping to ensure that no private residences or properties are subjected to a sewage backup or spill.

The Contractor shall pump out or otherwise positively drain all locations where the building sewer is disconnected from the sewer main for more than one day. More frequent pumping shall be used in locations where wastewater flows exceed the capacity of temporary storage provided by the Contractor. The Contractor shall provide a barrier between the disconnected sewer service and the main sewer which prevents sewage from flowing into or against the sewer main.

No additional compensation will be paid to the Contractor for temporary diversion, bypassing, or impoundment of existing sewer or drainage flows. The cost of such work shall be included in the various contract items of work.

1.25 Work Performed by City Crews
The Contractor is advised that the City retains the option of performing with City crews all or a portion of any work involved in relocating, repairing, or otherwise restoring existing sewer, water, and drainage systems and services to developed properties within the limits of the project that may be in conflict with the proposed project improvements. Any such work performed by City forces shall be at the discretion and convenience of the City. All work performed and materials provided by the City shall b e paid for by the Contractor or removed from this contract at no additional cost to the City.

1.26 Existing Site Conditions
Bidders are directed to Section 2 -4 of the CSSS which require Bidders to examine the project site.
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1.27 Handling and Removal of Hazardous or Contaminated Materials In the event hazardous or contaminated materials are encountered at the site for which separate handling or removal provisions have not been made in these Special Provisions, the Contractor shall stop work on that item, contact the Engineer and schedule his operations to work elsewhere on the site, if possible. The City shall be responsible for handling and removal of hazardous material or may request that the Contractor be made available, through contract change order, to provide additional services as ne eded for the completion of the work. Additional services may consist of retaining a Subcontractor who possesses a California license for hazardous substance removal and remedial actions.

Hazardous or contaminated materials may only be removed and disposed of from the project site in accordance with the following provisions:

1. All work is to be completed in accordance with the following regulations and requirements:
a. Chapter 6.5, Division 20, California Health and Safety Code. b. California Administration Code, Title 22, relating to Handling, Storage, and Treatment of Hazardous Materials.
c. City of Sacramento Building Code and the Uniform Building Code, 1994 edition.

2. Coordination shall be made with the County of Sacramento Environmental Management Department, Hazardous Materials Division, and the necessary applications shall be filed.

3. All hazardous materials shall be disposed of at an approved disposal site and shall only be hauled by a current California registered hazardous waste hauler using correct manifesting procedures and vehicles displaying a current Certificate of Compliance. The Contractor shall identify by name and address the site where toxic substances shall be disposed of. No payment for removal and disposal services shall be made without a valid certificate from the approved disposal site that the material was delivered.

None of the aforementioned provisions shall be construed to relieve the Contractor from the Contractor’s responsibility for the health and safety of all persons (including employees) and from the protection of property during the performance of the work. This requirement shall be applied continuously and not be limited to normal working hours.

1.28 Public Notification of Work
The Contractor shall be responsible for notifying all property owners, residents and property management companies in advance of beginning work for the following situations:

• Property owners and residents affected by work on adjacent public streets: Notify s even (7) working days prior to commencing any work
• Seven (7) working days prior to commencing any work on or obtaining access to private property
• Twenty-four ( 24) hours prior to commencing work on or obtaining access to private property
• Twenty-four (24) hours prior to a water service shutdown on private property • In the event the Contractor returns to private property for additional work, the twenty-four (24) hour notification process shall be repeated
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• In the event the Contractor returns to a public right of way for additional work after initial work has begun, and contractor returns after more than fourteen (14) calendar days, the property owners and residents affected by work shall be re-notified seven (7) working days and twenty-four (24) hours prior to commencing any work • Seven (7) working days prior to construction for the fire hydrant tee and lateral

The notice shall be approved by the Engineer and shall describe the work to be performed, the anticipated duration of construction and the name and telephone number of the Contractor’s representative that can be reached 24 hours a day, seven (7) days a week. A sample notification letter is provided in Attachment D.

Notices shall be delivered before 9 AM each day to ensure that enough notice is provided for next day notices. This will provide the City inspector a consistent time to know that they can spot check if notifications are being distributed.

Attention is directed to Sacramento City Code sections 12.20.070 “Public notification of work” and

12.20.080 “Violation—Administrative penalties.”

1.29 Maintenance of Traffic, Public Safety, and Convenience The Contractor's attention is directed to Sections 6-6 through 6-11, 7-4, and 16-3 of the CSSS.

Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. Water or dust palliative shall be applied if ordered by the Engineer for the alleviation or prevention of dust nuisance.

Contractor shall not interfere with or impair any railroad operations in accordance with Section 6- 6 of the City Standard Specifications.

The Contractor shall ensure that utility services to customers in the project are maintained.

The Contractor shall be required to establish traffic scheduling and control measures acceptable to the Engineer prior to starting any work. The Contractor shall submit to the Engineer for review and approval a plan showing proposed traffic control measur es and/or detours for vehicles and pedestrians affected by the work. This plan shall be submitted a minimum of ten (10) working days prior to the scheduled commencement of any work by the Contractor. The Contractor shall not be allowed to begin work until an approved plan is on file with the Engineer. In addition, the approved plan shall be kept on hand at the project site at all times while work is in progress.

All advance warning and traffic delineation shall conform to the provisions of Section 6-10 of the CSSS.

The Contractor shall notify the Traffic Signal Maintenance Shop at (916) 808-6633, in addition to the Engineer, ten working days before any traffic loop or street lighting work begins.

The Contractor’s traffic control plan shall include location of proposed work area, locations of areas where the public right-of-way shall be closed or obstructed, any proposed phases of traffic control, and the time period of when traffic control shall be in effect. The traffic control plan shall also include name and business address of Contractor and a statement that the Contractor shall comply with City’s noise ordinance.

The Contractor shall be solely and completely responsible for furnishing, installing, and maintaining all warning signs and devices necessary to safeguard the general public and the 02072 - 14 Lavender Heights Water Main Project

work, and to provide for the safe and proper routing of all vehicular and pedestrian traffic during the performance of the work. The requirement shall apply continuously and shall not be limited to normal working hours.

The Contractor shall perform the following requirements included in the City ordinance Chapter

12.20, with this contract:

1. The Contractor shall not cause public rights -of-way, public property, or public easement to be covered with construction related trash, debris, garbage, waste material or soil.

Areas affected by the construction, must be cleaned to the satisfaction of the Engineer prior to re-opening to the public.

2. Trench plates shall not be utilized for more than three (3) calendar days in one location and temporary surfacing shall not be utilized for more than five (5) calendar days in one location without prior written approval of the Engineer.

3. The Contractor shall provide access to all existing driveways at all times except when excavation is in progress, when forms are in place, when concrete or asphalt is being placed or unless other arrangements are made with the property owner. The Contract or shall take precautions so as not to entrap vehicles on private property during the progress of the work. Driveways may be closed only during normal working hours and only after giving property owners a minimum of twenty -four (24) hours notice in advanc e of the closure. Access for emergency vehicles shall be available on all streets within the construction area at all times.

4. Rear access to buildings and existing parking areas behind buildings shall be maintained.

If arrangements have been made with property owners, the Contractor may close such access for a limited time. Contractor shall give property owners forty -eight (48) hours notice in advance of the closure.

5. Provide for pedestrian traffic at all times except where closures are approved in advance by the Engineer.

6. At least one (1) lane of traffic shall be maintained at all times in the street. All work within public streets and/or roadway right-of-way shall be done in an expeditious manner so as to cause as little inconvenience to the traveling public as possible . Skid - resistant steel plates or other approved methods shall be used to cover all open excavations in the roadway during non-working hours for the entire project.

7. For work done before 7:00 A.M. or after 6:00 P.M., or during all daylight hours between 6:00 P.M. Friday to 7:00 A.M. Monday, the street or alley may be closed provided proper detours are provided and only if arrangements have been made with the property owners in advance and approved by the Engineer. A minimum of five (5) working days notice shall be given to property owners in advance of closure.

8. At night and at other times when work is not in progress, the entire roadway and alley shall be open to the public for pedestrian and vehicular traffic.

All signs and street marking damage caused by or related to the project shall be replaced in kind by the Contractor. In the case of partial damage to lane stripes and traffic lettering the whole stripe or marking in its entirety shall be replaced. Temporary markings and striping shall be installed within 72 hours (three working days) of damage.

The Contractor is hereby alerted that several streets within the project are designated “primary streets” and it is the Contractor’s responsibility to identify the streets and to adhere to the requirements per Section 6-10 of the City Standard Specifications.

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The Contractor is hereby alerted that several streets within the project are designated “Holiday Season Moratorium Streets” and it is the Contractor’s responsibility to identify the streets and to adhere to the requirements per Section 6-11 of the City Standard Specifications.

The Contractor is required to submit a completed “Traffic Alert” form to the City, ten (10) working days prior to closure on 20th St and 23rd St. A sample “Traffic Alert” form is included in Appendix C.

The Contractor is also alerted that 22nd St is active Regional Transit bus routes. The Contractor is required to coordinate with Regional Transit for all closures on 22nd St.

Prior to commencing work and/or closing the street or alley, Contractor shall contact the following City Divisions and agencies:

1. Police Communication Center one (1) working day prior to closure by calling (916) 277- 1750, or fax at (916) 277-1772.

2. Fire Department Communications Center one (1) working day prior to closure by calling (916) 228-3035 or fax at (916) 228-3082.

3. City Traffic Engineering Services five (5) working days prior to closure by calling (916) 808-5307.

4. City Solid Waste Division five (5) working days prior to closure by calling (916) 808-4952 or fax at (916) 808-4999. The Contractor shall also coordinate with the property owners all relocations of trash receptacles necessary to maintain garbage collection.

5. Street Parking five (5) working days prior to closure by calling (916) 808-5579 or fax at (916) 808-7501.

6. Regional Transit five (5) working days prior to closure by calling Lynn Cain at (916) 321- 5375 or fax at (916) 557-4541.

7. Department of Transportation - Provide the street/alley closure limits and estimated duration of closure, by calling Erick Talavera at 804 -4790 two working days prior to the street closure and the day of reopening.

At a minimum, the fax shall include the following information:
• Project name and number
• Contractor’s name and a 24-hour phone number
• City of Sacramento’s project manager’s name
• City Inspector name and phone number
• Limits of street closure, with street names
• Duration of street closure

1.30 Work Performed by City Crews
The Contractor is advised that the City retains the option of performing with City crews, all or a portion of any work involved in relocation, repairing, or otherwise restoring existing sewer, water, and drainage systems and services to developed properties within the limits of the project that may be in conflict with the proposed project improvements. Any such work performed by City forces will be at the discretion and convenience of the City. 02072 - 16 Lavender Heights Water Main Project
Should the Contractor desire City forces to cut and repair existing water, sewer, or drain services, the Contractor shall contact the Engineer at least three (3) working days in advance to schedule and coordinate the work.

All work performed and materials provided by the City will be paid for by the Contractor or removed from this contract at no additional cost to the City in accordance with Section 4-5 of the City Standard Specifications.

1.31 Existing Utilities
The location, alignment, and depth of existing underground utilities as shown on the Plans are taken from public records and no responsibility is assumed for the accuracy thereof. For the most part, underground utility services are not shown on the Plans. Contractor shall assume all properties have gas, electric, cable, phone, water, and sewer services.

Attention is directed to the provisions in Section 6-19 of the Standard Specifications.

The Contractor will ensure that utility services to customers in the project are maintained.

The Contractor is responsible for the protection of and for damage to existing overhead and underground utility lines and services encountered during the course of construction. The Contractor shall notify the respective utility owner prior to any interruption of service. The Contractor shall notify the Engineer and Inspector immediately, should any existing utilities be damaged, including breaks, leaks, nicks, dents, gouges, grooves, or other damage to subsurface installation lines, conduits, coatings, or cathodic protection during construction. The Contractor shall also include this information in the Comments column in the monthly Source Document supplied to the City.

The Contractor is expected to "pothole" existing underground utilities a minimum of ten (10) working days in advance at any location where an existing utility may be in conflict with the proposed work.

The cost of relocating existing overhead or underground utilities not specified on plans to be relocated, but which the Contractor elects to relocate or cut and reconnect for his/her own convenience, shall be borne by the Contractor. This work shall be coordinated with the respective agency.

1.32 Maintaining Water, Sewer, and Drainage Flows
The Contractor shall be responsible maintaining water, sewer, and drainage flows including emergency repairs and temporary bypasses in accordance with Section 13 of the City Standard Specifications.

In addition to Section 13 provisions, any landscaping irrigation water lines cut or broken by the Contractor, but not immediately repaired, shall be capped until repairs can be made. The Contractor shall make repairs within 2 working days of having cut or broken such irrigation lines unless otherwise approved by the Engineer. In the interim, the Contractor shall be responsible for ensuring all locations served by the irrigation lines continue to be provided adequate water.

Any landscaping that dies, or fails to recover as a result of the Contractors actions shall be replaced in kind and costs shall be borne by the Contractor. 02072 - 17 Lavender Heights Water Main Project

1.33 Maintaining Existing Electrical Facilities
Maintaining existing electrical facilities shall be in accordance with Section 34-7 of the City Standard Specifications and these Special Provisions.

The Contractor shall ascertain the exact location and depth of existing electrical facilities before any electrical work begins. Any damage done to existing electrical facilities that is caused by the Contractor shall be repaired immediately and at the Contractor's expense. The Contractor shall trench under all existing traffic signal and street lighting conduits.

Temporary shutdowns of traffic signals shall be in accordance with Section 34-7 of the City Standard Specifications

1.34 Notification to Property Owners
The Contractor shall be responsible for notifying all property owners, residents and property management companies for the following situations:

• Property owners and residents affected by work on adjacent public streets: Notify seven (7) working days prior to commencing any work
• Seven (7) working days prior to commencing any work on or obtaining access to private property
• Twenty-four (24) hours prior to commencing work on or obtaining access to private property
• Twenty-four (24) hours prior to a water service shutdown on private property • In the event the Contractor returns to private property for additional work, the twenty-four (24) hour notification process shall be repeated • In the event the Contractor returns to a public right of way for additional work after initial work has begun , and contractor returns after more than fourteen ( 14) calendar days, the property owners and residents affected by work shall be re - notified seven (7) working days and twenty-four (24) hours prior to commencing any work
• Seven (7) working days prior to construction for the fire hydrant tee and lateral

Notifications shall include the Contractors name, a contact person and phone number, a brief summary of the work, and the estimated duration of the work. Examples of notifications are located in the Appendix. The example notification is for guidance only.

Notices shall be delivered before 9 AM each day to ensure that enough notice is provided for next day notices. This will provide the City inspector a consistent time to know that they can spot check if notifications are being distributed.

Attention is directed to Sacramento City Code sections 12.20.070 “Public notification of work” and 12.20.080 “Violation—Administrative penalties.”

1.35 Removal of Street Parking
In locations where the Contractor's operations require removal of on-street parking, such removal shall be in accordance with Section 6 -18 of the CSSS. Failure to comply with this Section shall not prevent the City from towing vehicles parked in the proposed work area. A “No Parking” notice 02072 - 18 Lavender Heights Water Main Project

shall be posted seventy-two (72) hours in advance. The notice shall include the dates and times when parking will not be allowed.

1.36 Dust Control
The Contractor shall be responsible for the control of dust within the limits of the project at all times in accordance with Section 16-2 of the City Standard Specifications.

The Contractor shall keep all streets and alleys as well as all grounds adjacent to the project site clean and free of dust, mud, and debris resulting from the Contractor's operations in accordance with Section 16-3 of the City Standard Specifications.

Spillage of earth, gravel, concrete, asphalt, or other materials resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor in accordance with Section 16-3 and 6-2 of the City Standard Specifications.

1.37 Material Stockpiling Limits
Materials and equipment for the project shall be stockpiled within the current construction phase only and shall not be stockpiled within the public street right-of-way in excess of an amount representing a ten (10) day supply at current rates of pipe laying or water service construction.

Equipment and materials shall not front any single address in excess of ten (10) days unless otherwise accepted by the Engineer.

Stockpiles within the public right-of-way shall be no higher than 6 ft in height, and shall not impede vehicular traffic, pedestrian traffic, access to residences, or drainage along the curbline.

Should stockpiling of materials within the public right-of-way prove to be a nuisance to the adjacent residents, the materials and/or equipment shall be moved within two (2) working days following direction by the Engineer.

1.38 Potholes and Excavations on Private Property
Unless otherwise approved by the Engineer, all potholes or excavations on private property shall be backfilled with native material on a daily basis. Sand may be substituted for native material where meter box is to be located. Temporary cover shall not be allowed.

1.39 Project Closeout
When the project is completed in accordance with these Special Provisions, the Contractor shall notify the Engineer of the completion of the project at which time the City shall prepare a list of deficient work items, or punch list, and after all punch lis t items have been completed to the satisfaction of the Engineer, a completion report shall be prepared in accordance with Section 8- 4 of the CSSS.

1.40 Payment
Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in performing and complying with these General Requirements shall be 02072 - 19 Lavender Heights Water Main Project

considered as included in the prices paid for in the various contract bid items the Contractor deems appropriate, and no additional compensation shall be allowed. ** End of Section **
02072 - 20 Lavender Heights Water Main Project

SECTION 2: TECHNICAL SPECIFICATIONS – General Water Construction

2.01 AWWA Standards – Water Mains
These Special Provisions contain reference to certain standards of the American Water Works Association (AWWA). Copies of these standards are available for reference at the City of Sacramento, Department of Utilities, Engineering Services Division located at 1395 35th Ave in Sacramento.

IN SUBMITTING A BID, THE CONTRACTOR CERTIFIES THAT HE/SHE IS FAMILIAR WITH

FIELD HANDLING, INSTALLATION, INSPECTION, DISINFECTION, PRESSURE TESTING AND ALL OTHER REQUIREMENTS CONTAINED IN THE AWWA STANDARDS.

2.02 Opening Direction of Valves and Fire Hydrants
The opening direction of valves and fire hydrants shall be in accordance with Section 27-7 of the City Standard Specifications.

2.03 Trench Excavation and Backfill
Trench excavation and backfill in all streets shall meet the applicable requirements of Sections 10, 14 and 26 of the Standard Specifications and these specifications. If specified in these Special Provisions, pipe shall be backfilled using Controlled Density Fill (CDF), in accordance with Section 10-16 of the Standard Specifications, and as directed by the Engineer. Slurry cement backfill will not be allowed.

When the Engineer approves shallow placement of drain inlet leads requiring protective measures, all work associated with protective measures shall be considered as extra and paid per Section 8 of the Standard Specifications.

2.04 Pavement Cutting and Surface Restoration
Surface cutting and restoration shall conform to City Standard Specification Sections 19, 22, 24 and 27. All materials shall conform to Section 10 of the City Standard Specifications.

Existing pavement to be removed shall be ground or saw cut full depth to provide a neat straight pavement break along both sides of the pipe trench. A “T” trench as shown on Standard Drawing T-80 is required. The minimum pavement section within public street right-of-way shall be four inches (4”) of asphalt concrete over twelve inches (12”) of Class 2 aggregate base. For streets containing an existing concrete underlay, the pavement section shall be four inches (4”) of asphalt concrete over twelve inches (12”) of CLSM.

The Contractor, at his/her option, may perform the pavement saw cutting operation after the pipe installation operation, just prior to pavement repair. No pavement cutting shall precede trenching by more than five calendar days except when saw cutting is used. Where the initial pavement cut is not performed by saw cutting and takes place more than one calendar day before trench excavation, the Contractor shall fill the pavement cuts with asphalt concrete patching mix and maintain a smooth riding surface until trenching begins.

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Upon completion of trench backfill, existing pavement as well as any curbs, gutters, sidewalks, driveways, or other improvements that have been cut or damaged as a result of the construction activities shall be replaced. If trench crosses sidewalk, curb, and gutter, Contractor shall replace entire sidewalk panel to nearest control or expansion joint on both sides of trench wall. Extent of curb and gutter replacement shall coincide with sidewalk panel being replaced. Curb and gutter reconstruction shall match existing geometry and, at the Engineer’s discretion, extend up to five (5) feet in length on either side. Pavement cutting shall be perpendicular and parallel to the centerline of the road when practicable.

The Contractor shall repair disturbed lawn areas by carefully and evenly cutting the lawn to preserve the sod until the trench excavated for the water service lateral or residential water system is backfilled and compacted. Any existing lawn removed during excavation shall be replaced with sod to match preconstruction conditions. The removed sod may be replaced over the backfilled trench provided the sod is in an acceptable condition for re-use as determined by the Engineer. Sod unsuitable for re-use shall be replaced with new sod to match preconstruction conditions.

All fences or shrubbery in the way of construction shall be removed and replaced. The Contractor may re-use the existing fence material provided the Engineer approves the material, prior to installation. If the Engineer does not approve the re-use of the material, the Contractor shall replace with new material. Any private property or any existing improvements damaged by the construction operations shall be replaced with new materials at no additional cost.

All damaged hardscape shall be replaced by an experienced tradesman skilled in the particular craft to match existing improvements. Existing bricks, flagstone and other salvageable items shall be kept and reused to preserve the integrity of the improvement.

2.05 Temporary Paving
Temporary paving shall be in accordance with Section 14-4 of the Standard Specifications.

Unless otherwise stated in Contract documents, at the end of the day and prior to opening to traffic, trenches shall be temporarily paved to provide a smooth riding surface. The paving material may be hot-mix asphalt concrete, temporary paving, “cut back”, or other Engineer approved material. Non-skid plates may be used to cover trenches when approved by the Engineer. If plates are used, they shall be nailed/spiked down to prevent movement, and create and maintain a uniform taper at the edges using temporary paving to ensure a smooth traveling surface.

On “Primary Streets”, as defined in the City Standard Specifications and these Special Provisions, cut back will not be allowed for temporary pavement unless hot-mix is not available due to weather forced plant shutdowns. Unless otherwise approved or directed by the Engineer, any temporary cut back paving placed on “Primary Streets” shall be removed and replaced with hot-mix within three (3) calendar days after the cut back is initially placed.

Cutback shall be placed on the completed aggregate base course, constructed per the Plans and Special Provisions and shall be placed so that the compacted thickness is not less than two inches (2”).

Compaction of temporary paving shall be performed using steel wheel rollers or mechanical equipment approved by the Engineer. Compaction by wheel rolling with backhoes or other 02072 - 22 Lavender Heights Water Main Project

rubber tire construction equipment shall not be allowed. The temporary paving shall be placed and maintained so that the maximum deviation does not exceed one-half inch (½”) using a ten (10) foot straight edge placed in any direction. If, in the opinion of the Engineer, the temporary paving is not properly maintained, Engineer may direct Contractor to install permanent asphalt concrete pavement at no additional cost to the City of Sacramento.

2.06 Disinfection and Pressure Testing of Water Mains and Services Disinfection and pressure testing of water mains, services, related valves and fittings, as well as flushing of the water main, shall conform to AWWA Standards and Sections 27-12 and 27-13 of the Standard Specifications. Per ANSI/AWWA C651-05, in addition to collecting samples from the beginning and end of the mains, samples shall be collected every 1,200 feet along the water main. All pressure and disinfection testing shall be made in the presence of the Engineer.

The Contractor shall coordinate with the City so that water used to test and disinfect the new mains is captured and recycled. The Contractor shall coordinate efforts with the City when the Contractor flushes the mains. The Contractor shall notify the Engineer three days prior to flushing water used in the testing and/or disinfection process. The captured water shall be dechlorinated by the Contractor prior to the City capturing and recycling the water. Contractor shall dechlorinate the water by use of an apparatus that injects or mixes EPA approved chemicals with the water to neutralize the chlorine before it is released into a water truck or storm sewer systems. If the dechlorinated water is released to a storm or sewer system, it shall be hard piped to a storm or sewer manhole rather than released to the ground. The City will have up to four water trucks onsite. At no time during the flushing process will the Contractor be delayed by the lack of available City trucks. If the City isn’t able to provide adequate trucking to capture the water, the Contractor shall adhere to the flushing requirements within the City Standard Specifications and these Special Provisions to dispose of the water.

2.07 Distribution System Shutdowns for Water Main Installation & Connections After successful completion of hydrostatic pressure testing and disinfection, the Contractor shall connect the new water mains to the existing water system at the locations indicated on the Plans.

To coordinate and schedule a water main shutdown, Contractor shall provide the Engineer with a project schedule that includes date and location for all required project shutdowns as described in “Construction Activity Time Schedule” of these Specifications. The contractor must provide the inspector updates of this schedule including the shutdown activities before 3:00 PM on the Monday a minimum of eleven (11) days before the shutdown is required. If these coordination requirements are not performed, the City cannot provide the shutdown.

The Contractor shall expose the existing water main at tie-in locations twenty-four (24) hours prior to a tie-in and have all materials and equipment necessary for the connection work at the job site prior to beginning the shutdown.

The City will not conduct a shutdown until the Contractor is capable of completing the work within a 4 hour period.

Connections to existing water mains shall be made in accordance with Section 27-14 of the City Standard Specifications.
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Without exception, all opening and closing of the valves on existing water mains will be performed by City crews only.

Where indicated in the Plans, the Contractor shall cut existing pipe, remove existing plugs or bulkheads, clean pipe ends, prepare connections and make the new connection to existing water mains. The Contractor shall temporarily cap existing mains as necessary and as approved by the Engineer to maintain service to City customers.

Water released from cutting or opening existing mains shall be removed and disposed of by the Contractor. The excavation shall be kept dry until all necessary work within the work area has been performed.

2.08 Water System Shutdowns for Residential Water System Tie-Ins All domestic water system shutdowns shall be approved by the Engineer. Domestic water system shutdowns for water system connections will be approved once complete preparation, satisfactory to the Engineer, is made to minimize the length of time for any shutdown.

Maximum time of interruption of water service to any residence or business shall be four (4) hours.

2.09 Plugging Fixtures
The Contractor shall be responsible for removing all sediment that builds up at faucets and sprinklers and clogs interior house plumbing as a result of installing and connecting residential water systems.

The Contractor shall open all exterior faucets and shall attempt to have the homeowner open all interior faucets (cold water only) in order to help prevent fixtures from plugging.

When a customer contacts the City or Contractor regarding a plugged fixture or other issue resulting from Contractor’s work, the Contractor shall respond to the call within one (1) hour if the Contractor is contacted during normal work hours. If the Contractor is contacted outside normal work hours, the Contractor shall respond within two (2) hours. Failure to meet these requirements shall result in the City hiring a plumber to respond to the plugged fixture or other issue, and all costs incurred by the City shall be back charged to the Contractor and deducted from the subsequent progress payment.

2.10 Construction of Domestic Water Services
The Contractor shall verify whether the existing water service is active or inactive prior to initiating work on the water service. The Contractor shall notify the Inspector, in writing, of services found to be inactive. Water services found off shall remain off.

Prior to initiating work on parcels, the Contractor shall provide the required notification to private property owners of the work scheduled on the property. At this time, the Contractor shall request that the property owner and/or tenant remove, prior to the Contractor's scheduled start of work, those moveable objects or obstacles identified by the Contractor and necessary for performing the work. The Contractor shall limit the request to those objects or obstacles that impact its ability to reasonably perform the work. The Contractor shall submit its request to the City 02072 - 24 Lavender Heights Water Main Project

Inspector in writing. Objects and obstacles may include rocks, boulders, vehicles, up to two cubic yards of stacked or loose firewood or garbage, building materials, containers and similar items.

The work may also include, removing bushes and small trees less than 4” in trunk diameter, excavating the meter box installation area, cutting and removing roots up to 3” in diameter and removing rocks or boulders.

The Contractor shall remove, then put back to their original location, obstacles and objects not moved by the property owner/tenant at no additional cost to the City. If the obstacles or objects cannot be moved without damage or within a reasonable amount of time as determined by the City, the Contractor shall notify the City and a work-around shall be developed to accomplish the required work. The Contractor shall repair any damaged objects or replace in kind to the satisfaction of the property owner and City.

For Hybrid Services, all Domestic Water Services shall be, at a minimum, one and a half (1- 1/2”) inch diameter copper or HDPE tubing from the new 1-inch meter setter to the above ground tee at the hose bib connection, or to the point of connection on the existing service. For all other Domestic Water Services, the meter and the Domestic Water Services shall be the same size.

When adequate volume, pressure and/or flow is not provided to all points on the property by a hose bib connection at the front or side of the house, 1-1/2 inch high density polyethylene (HDPE), ID controlled, tubing shall be installed and connected to the existing service house connection at back half of the property. Alignment and connection point shall be approved by the Engineer prior to initiating work. Materials and placement shall meet the applicable requirements of the City Standard Specifications and these Special Provisions. All non-metallic pipe/tubing, regardless of installation location, shall be installed with a tracer wire in accordance with the City Standard Specifications.

Installation and connection of Domestic Water Services shall be performed in accordance with the applicable sections of the latest version of the California Plumbing Code. No connections shall be made until installation and testing of the distribution system and water service laterals are complete. All underground work shall be inspected prior to backfilling.

An address list of Domestic Water Services covered under this contract may be found on the plans, or in Error! Reference source not found.. This list provides the Contractor with the size and location of existing Domestic Water Services covered under this contract. The information given on this list is historical information, and is partially complete. The City makes no guarantee as to the accuracy of this record. It is the Contractor’s responsibility to locate the existing water service laterals and curb or corporation stops for abandonment purposes.

Information regarding existing service location shall be supplied to the City ten (10) days prior to placing the saddle and/or constructing the service.

Proposed service hookup locations may require adjustment due to domestic plumbing and irrigation systems. The Contractor shall work with the Engineer in finding a suitable connection location.

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At the discretion of the Engineer, the location of the water meter may be modified from the location indicated in the Plans. Compensation for associated changes in the work shall be associated with the applicable pay items and no additional compensation will be made to the Contractor for said changes.

In determining the suitable connection location, the Contractor shall refer to details W-406A and W-406C in the Plans/Error! Reference source not found.. The Contractor shall use detail W- 406A for all services where a rear connection is possible. If the Contractor believes detail W- 406A cannot be used, Contractor shall contact Engineer for approval to use detail W-406C, and shall work with homeowner and Engineer to ensure that both are in agreement with the location of the new hose bib.

Domestic Water Services shall be placed using directional bore. Contractor may choose to open cut the water service; however, Contractor shall bear the cost for all surface and subsurface improvement restoration associated with open cut trenching. Pipe alignment shall not pass under any dwelling or structure. In the event that work occurs beyond the City right-of-way, directional bore shall be utilized unless approved by the engineer.

Typical Domestic Water Service connection details are included in Error! Reference source not found.. Not all Domestic Water Service connections will match the typical details. No separate payment will be made to the Contractor for connections installed that vary from the typical details. The Contractor is encouraged to visit the project site to better acquaint him/herself with each Domestic Water Service connection.

All work relating to connecting Domestic Water Services and abandoning existing water services at each residence shall be completed within four (4) hours.

Substandard Water Service Replacement: Where the Engineer directs, the Contractor shall replace substandard water services, defined as 2-inch and smaller water services not made of copper or HDPE tubing as determined by the Engineer.

1. The service piping placed shall match existing size unless smaller than 1-inch diameter, in which case a 1-inch diameter service shall be placed, and shall be in accordance with Section 10, 27 and 38 of the Standard Specifications.

2. Substandard services are for parcels that currently have a water service connected to an existing water main. In addition to furnishing and installing required pipe, all fittings including those required to adjust alignment and elevation, and all other materials required to complete the installation of the replacement service, the Contractor shall assume that the majority of backyard substandard services will require hand digging and may not accommodate mechanized or larger construction equipment that might be used in the public streets or alleys.

3. If the Contractor finds a substandard service, the Contactor shall notify the Engineer and shall cover the excavation with temporary plates until the Engineer has made an inspection.

4. The new pipe shall be placed from the existing curb stop to the existing corporation stop or gate valve. If the existing curb stop and box is located behind the sidewalk, the Contractor shall replace the service pipe back to the existing curb stop and remove and dispose of the existing curb stop box. If the curb stop is located under a concrete surface, the Contractor may tunnel no more than three feet under the concrete to connect to the 02072 - 26 Lavender Heights Water Main Project

existing curb stop. If tunneling is used, the Contractor shall use a controlled density fill (CDF) material to backfill the area. The existing curb stop box within concrete shall be abandoned in place by filling the standpipe with aggregate base (AB) and grouting the lid in place. The service must be embedded in six inches of sand prior to placing CDF.

5. The Contractor shall locate City water mains and related subsurface facilities (valves, tees, hydrant leads, etc.), on which the Contractor will be performing any work. The Contractor shall locate and mark all water service laterals, including curb and corporation stops in advance of performing work on water service laterals.

6. Verify if there is an existing meter at each property. If a meter exists secure a brass tag to the meter displaying the address it serves, then relocate the meter to the new meter box.

Demolish the meter box and fill with aggregate base. Restore surface to match surroundings.

7. The removed material shall become the property of the Contractor and will be disposed of at the Contractor’s discretion, except for existing meters to be replaced. Meters shall be returned to the City upon removal.

Water Service Separation: When a single water service lateral connection from the water main services more than one parcel, the Contractor shall construct a separate water service lateral from the water main to each parcel not fronting the existing water service lateral, including connection to the water service plumbing.

1. The service separation and new water service connection shall take place simultaneously.

If there are hose bibs off the existing service, the Contractor shall cut and cap the service on the far side of the hose bib so that the hose bibs remain operable.

2. When the Contractor separates the service, the service shall be cut and capped so that no live water service shall cross the property line.

2.11 Connection of Residential and Commercial Water Services For hybrid services, all residential water services shall be, at a minimum, one and a half (1-1/2”) inch diameter copper or HDPE tubing from the new 1-inch meter setter to the above ground tee at the hose bib connection, or to the point of connection on the existing service. For all other residential services, the meter and the residential service shall be the same size.

When adequate volume is not provided to all points on the property by a hose bib connection at the front or side of the house, 1-1/2 inch Schedule 40 PVC pipe shall be installed and connected to the back half of the property. Alignment and connection point shall be at the approval of the Engineer. Materials and placement shall meet the applicable requirements of the City Standard Specifications and these Special Provisions.

Installation and connection of residential water services shall be performed in accordance with the applicable sections of the latest revised Uniform Plumbing Code (hereinafter called UPC).

No connections shall be made until installation and testing of the distribution system and water service laterals are complete. All underground work shall be inspected prior to backfilling.

An address list of residential water services covered under this contract may be found on the plans, or in the Appendix. This list provides the Contractor with the size and location of existing residential water services covered under this contract. The information given on this list is historical information, and is partially complete. The City makes no guarantee as to the accuracy 02072 - 27 Lavender Heights Water Main Project

of this record. It is the Contractor’s responsibility to locate the existing water service laterals and curb, or corporation stops for abandonment purposes. Information regarding existing service location shall be supplied to the City ten (10) days prior to placing the saddle and/or constructing the service.

Proposed service hookup locations may require adjustment due to residential plumbing and irrigation systems. The Contractor shall work with the Engineer in finding a suitable hookup location.

In determining the suitable hookup location, the Contractor shall refer to details W-406A and W- 406C in the Plans/Appendix. The Contractor shall use detail W-406A for all services where a rear connection is possible. If the Contractor believes detail W-406A cannot be used, Contractor shall contact Engineer for approval to use detail W-406C, and shall work with homeowner and Engineer to ensure that both are in agreement with the location of the new hose bib.

Residential water services shall be placed using directional bore. Contractor may choose to open cut trench the water service; however, Contractor shall bear the cost for all surface restoration associated with open cut trenching. Pipe alignment shall not pass under any dwelling or structure. In the event that work occurs beyond the City right-of-way, directional bore shall be utilized unless approved by the engineer.

Typical residential water service hookup details can be found on the Plans. Not all residential water service hookups will match the typical details. No separate payment will be made to the Contractor for hookups installed that vary from the typical details. The Contractor is encouraged to visit the project site to better acquaint him/herself with each residential water service hookup.

All work relating to connecting residential water services and abandoning existing water services at each residence shall be completed within five hours.

The Contractor shall reconnect the existing water service on the property owner’s side of the meter box and the valve at the meter setter shall be left in an open position, so that the residential water service is operable when this item is complete. If the residential water service is in such poor condition that the contractor cannot reconnect to the service, the Contractor shall replace a portion of the service until a suitable connection point can be found.

2.12 Phasing of Construction
The Contractor shall be required to produce and submit a phasing plan that is acceptable to the Engineer prior to starting any work. This plan shall illustrate, by use of a map and Gantt chart, the streets and properties impacted during each phase of construction, as well as the sequence of phases.

The phasing plan shall also conform to the requirements of Error! Reference source not found. of these Special Provisions. All changes to the implementation of the phasing plan must be approved in writing by the Engineer.

Contractor shall define work “phases” that comprise a portion of the Project work area that the Contractor will initiate work on and not initiate another phase until all work within the phase area is complete and operable. Work on multiple phases concurrently shall only be allowed if the 02072 - 28 Lavender Heights Water Main Project

Contractor demonstrates it has complete duplication of crews and does not adversely affect the neighborhood. Crews shall not be allowed to work on multiple phase areas concurrently.

Phase areas shall be separated by at least two blocks in any direction to avoid overlapping work areas. Following are guidelines for developing the phasing plan:

• limit the number of phases to no less than five (5) with each phase generally of equal size in regard to quantity of new services and/or linear footage of new distribution main placed
• Tahoe Park south of Broadway should be broken into a minimum of three phases, one of which is bounded by Stockton to 52nd Street, from 9th Avenue to 14th Avenue. The other two phases should be separated using 8th Avenue

Each water main replacement phase shall be completed prior to beginning construction of the next phase, and shall include fully tested and operational new water mains, completed services, final paving, and other required surface restoration, and all other items within these Special Provisions that fall within each phased area. The Engineer may allow some abandonments of existing mains, hydrants, and valves to be performed after completion of all other work in any phase when in the best interest of the City and water system operations.

The Contractor shall construct the new distribution system and services in the phased manner identified in the phasing plan. All changes to the implementation of the phasing plan must be approved in writing by the Engineer.

2.13 Dewatering and Infiltration Control
A determination of groundwater level has not been made for this project. In accordance with Sections 16 and 26 -2 of the Standard Specifications, Contractor shall be responsible for the control, removal, and disposal of any groundwater encountered in the course of excavating or backfilling trenches, placing pipe, or constructing any other improvement associated with this project.

No separate payment will be made for dewatering and infiltration control. All costs should be included in the individual items requiring dewatering.

2.14 Construction Photographs and Video
As required by Standard Specification Section 11, the Contractor shall photograph or video all existing conditions within the limits of construction. The address of each property within the project area shall be clearly identified on each photograph or in the video. Pre-construction photographs or video shall be submitted and accepted by the City prior to the start of construction. Photographs or video shall include all pavement and landscaping features within the construction area. The Contractor shall submit as many photographs or as much video as necessary to clearly depict the condition of the existing pavement and landscaping features.

Special emphasis shall be placed on existing pavement, structures, flowerbeds, trees, or any other item in close proximity to the construction area.

During construction, when tree roots are encountered, the Contractor shall take pictures of the exposed area prior to and after any root cutting to confirm condition of roots.

02072 - 29 Lavender Heights Water Main Project
Upon completion of work at each property, the Contractor shall have post-construction photographs or video taken at the same locations that the pre-construction photos or video were taken. All photographs or video shall be taken with a digital still camera or video recorder and provided to the City on an external USB drive.

Each USB drive shall be formatted as follows:
• For digital photographs, a folder shall be established for each street within the project.

Each street folder shall contain folders titled for each address that a meter retrofit has been performed.
• For videos stored, a chapter name shall be established for each street within the project.

Video taken at each address on a particular street shall be stored in the chapter entitled for that street.

When submitting pre-construction or post-construction photographs or video, the Contractor shall provide a table of contents identifying each external USB drive submitted and the folder/chapter content therein. The table of contents shall be indexed on the external USB drive.

2.15 Tree Preservation Requirements
Trees within the project area shall be protected by the following means:

1. The contractor shall hire an International Society of Arboriculture (ISA) certified arborist (project arborist) to do any required pruning for equipment clearance, and for a root inspection(s) for trenching activities within the dripline(s) of the trees.

2. If during excavation for the project, tree roots greater than two inches in diameter are encountered, work shall stop immediately until the project arborist can perform an on-site inspection. All roots shall be cut clean and the tree affected may require supplemental irrigation/fertilization and pruning as a result of the root cutting. The contractor will be responsible for any costs incurred. Depending upon the amount of roots encountered and the time of year, wet burlap may be required along the sides of the trench.

3. The contractor shall be held liable for any damage to existing trees, i.e. trunk wounds, broken limbs, pouring of any deleterious materials, or concrete washout under the dripline of the trees. Damages will be assessed using the A Guide to Plant Appraisal eighth edition, published by the International Society of Arboriculture. An appraisal report shall be submitted for review by the City Arborist.

4. The contractor’s certified arborist shall coordinate with the City Arborist for work on or around any “protected tree.” A “protected tree” is any tree within the City right of way or a Heritage tree. A Heritage tree is:
a. Any tree of any species with a trunk circumference of one hundred (100) inches or more, which is of good quality in terms of health, vigor of growth and conformity to generally accepted horticultural standards of shape and location for its species.
b. Any native Quercus species, Aesculus California or Platanus Racemosa, having a circumference of thirty-six (36) inches or greater when a single trunk, or a cumulative circumference of thirty-six (36) inches or greater when a multi-trunk, which is of good quality in terms of health, vigor of growth and conformity to generally accepted horticultural standards of shape and location for its species 02072 - 30 Lavender Heights Water Main Project

The City Arborist can be contacted through the City’s dispatch by dialing 311, or (916) 264-5011 if outside the City, or via email at [email protected]..

5. A permit is required for any work on a “protected tree”. Permit applications are found on the City of Sacramento Public Works website. A copy of the tree permit shall be kept at the site of the work and shall be shown to any representative of the City of Sacramento or any law enforcement officer, at any time requested.

2.16 Archeological Resources Discovery
Observation will be employed by the Contractor and the Engineer during this project to ensure that any cultural resources identified are treated in accordance with the guidelines set forth in CEQA.

Construction activities will be monitored nearing depths of native soil.

Trenches will be monitored for any cultural indicators such as changes in soil color, composition, or texture; human bone; artifacts; and structural remains and features.

A. Discovery of Cultural Resources

1. In the event that any prehistoric subsurface archaeological features or deposits, including locally darkened soil ("midden"), that could conceal cultural deposits, animal bone, obsidian and/or mortars are discovered during construction -related earth - moving activities, all work within 150 -feet of the resources shall be halted, and the Contractor and City shall consult with a qualified archaeologist who are certified by the Society of Professional Archeologists (SOPA) and/or meet the federal standards as stated in the Code of Federal Regulations (36 CFR 61) to assess the significance of the find. Archaeological test excavations shall be conducted by a qualified archaeologist to aid in determining the nature and integrity of the find. If the find is determined to be significant by the qualified archaeologist, representatives of the City and the qualified archaeologist shall coordinate to determine the appropriate course of action. All significant cultural materials recovered shall be subject to scientific analysis and professional museum curation. In addition, a report shall be prepared by the qualified archaeologist according to current professional standards. Work shall be re-started only upon a notice to proceed from the Engineer.

B. Discovery of Native American Site

1. If a Native American site is discovered during project construction, the Contractor shall give immediate notice to the Engineer, and the evaluation process shall include consultation with the appropriate Native American representatives. If Native American archaeological, ethnographic, or spiritual resources are involved, all identification and treatment shall be conducted by qualified archaeologists, who are certified by the Society of Professional Archeologists (SOPA) and/or meet the federal standards as stated in the Code of Federal Regulations (36 CFR 61), and Native American representatives, who are approved by the local Native American community as scholars of the cultural traditions.

02072 - 31 Lavender Heights Water Main Project

2. In the event that no such Native American is available, persons who represent tribal governments and/or organizations in the locale in which resources could be affected shall be consulted. If historic archeological sites are involved, all identified treat ment is to be carried out by qualified historical archaeologists.

C. Discovery of Human Remains

1. If a human bone or bone of unknown origin is found during construction, the Contractor shall give immediate notice to the Engineer, all work shall stop in the vicinity of the find, and the County Coroner shall be contacted immediately. If the remains are determined to be Native American, the Coroner shall notify the Native American Heritage Commission, who shall notify the person most likely believed to be a descendant. The most likely descendant shall work with the Engineer and Contractor to develop a pr ogram for re -internment of the human remains and any associated artifacts. No additional work is to take place within the immediate vicinity of the find until the identified appropriate actions have taken place.

2.17 State Water Resources Control Board Requirements
As part of the installation of the new water mains, the water mains will cross existing pipes carrying non-potable liquids (sewer pipes) in a number of places throughout the project area.

These crossings shall conform to the requirements of the State Water Resources Control Board standards and as specified in the City of Sacramento Standard Specifications and these Special Provisions. Where the new water main crosses below the existing sewer, no joints are allowed within 10 feet clear either side of the crossing sewer and the new water main shall be C900 fused PVC. Unless otherwise indicated, where the new water main crosses over the existing sewer between 4 inches and 12 inches above the existing sewer, no joints are allowed within 8 feet clear either side of the existing sewer. The minimum vertical separation between the new water main crossing and existing sewer is 4 inches. See the Plans for additional requirements.

2.18 Water Main, Water Service Lateral and Valve Abandonment Water Mains: At locations where a water main will be abandoned, the main shall be exposed a minimum of one (1) day prior to completing the work for Engineer’s approval of cut location. All abandoned connections shall be removed such that no protrusions remain on the live main, and any sections removed from the live main shall be repaired and replaced with straight pipe and fittings as required.

The requirements for a main to be abandoned shall be one of the following, to be performed at each end of the abandoned pipe, including intermediate connections, depending on the material of the water main:
• Asbestos-cement, ductile iron, PVC, and cast iron pipe and wrought iron pipe shall be plugged with two (2) feet of concrete.
• Steel pipe shall be abandoned by either welding 1/4-inch thick steel plate on cut ends or plugging with two (2) feet of concrete.
• In the event that valve shutdown does not effect a positive shutdown, use of a restrained MJ cap to abandon pipe, rather than welding or plugging with concrete, will be subject to Engineer approval and shall continue to be paid under Error! Reference source not found..

02072 - 32 Lavender Heights Water Main Project

At locations where permanent caps will be installed on existing water mains that are to remain live, the water main shall be exposed a minimum of one (1) day prior to capping for Engineer’s approval of cut location. The requirement for capping the mains depends on the type of existing pipe:
• Asbestos-cement pipe shall be a transition flex coupling, 3’ PVC pipe, and an MJ cap with a thrust block.
• Cast iron, ductile iron, wrought iron, and PVC pipe shall be capped by installing an MJ cap and a thrust block.
• Steel pipe shall be capped by welding on a ¼-inch thick steel plate and exposed metal shall be coated with bitumastic epoxy as specified in Section 27 -17 of the City Standard Specifications.

Contractor shall coordinate timing and location of new connections and abandonments, to minimize the number of water main shutdowns necessary within the project.

Water Service Laterals: Where water service laterals are shown or directed to be abandoned, the lateral shall be exposed at water service plumbing connections downstream of the meter and at the serving water main where that main is to remain active.

Water service lateral abandonments shall be made after new water service laterals are installed and ready to be connected to the water service plumbing. The water service lateral shall be exposed a minimum of one (1) day prior to completing the work for Engineer’s approval of cut location. The location of the cut shall be at the proposed new water service lateral connection.

The Contractor will need to isolate the existing water service lateral at the curb stop or corporation stop prior to cutting the service lateral at the water service plumbing connection location. Once the existing service is shut off, it shall be cut and capped or plugged at the new lateral point of connection and abandoned in place, leaving at least a 12-inch gap to the active service and plumbing.

After the water service plumbing is connected to the new service lateral, the Contractor shall turn off the corporation stop and cut and abandon the service at the corporation stop by capping or plugging the water service lateral and installing a threaded plug on the corporation stop. The Contractor shall turn off the curb stop, fill the standpipe with AB and grout the lid in place. If the Contractor is unable to locate either the curb or corporation stops, the Contractor shall use an Engineer approved alternate construction method to abandon the existing water service.

If a service to be abandoned does not have a saddle at the water main, the Contractor shall schedule a shutdown of the water main and remove the original corporation stop. The Contractor shall coordinate and arrange for the City to install a City furnished stainless steel circle repair clamp saddle on the water main to seal the service tap location. The Contractor shall then backfill the excavation and restore the surfacing as specified in these Contract Documents.

Cut pipe, valves, tees, fittings and appurtenances to be removed as indicated on the Plans or as directed by the Engineer shall become the property of the Contractor and shall be properly disposed of at the Contractor's expense. Removal of existing valves shall include removing all appurtenances associated with the valve including, but not limited to, risers, valve boxes, and lids.

02072 - 33 Lavender Heights Water Main Project

Contractor must keep all construction limited to the City’s easement or ROW and the excavation shall be completed no earlier than one (1) day prior to the actual date of the work. All excavations made for abandonments and removal of existing water mains and appurtenances shall be backfilled and the surface restored to match surrounding surfacing, all in accordance with the Contract Documents.

2.19 Fire Hydrant Installation
Fire hydrants shall be installed where shown on the plans or directed in accordance with Standard Drawing W-201 and Sections 10, 27, and 38 of the City Standard Specifications.

The Contractor shall work with the Engineer in finding a suitable location to install a fire hydrant.

In addition, the Contractor shall place a blue stake at the proposed location. Door hangers, as shown in Appendix D: Resident Notifications, shall be placed on the homeowner’s door explaining the fire hydrant location and allowing the homeowner to call the Contractor with any issues regarding the proposed location. This work shall be done at least one week prior to installing the tee and gate valve on the new water main.

6-inch standard fire hydrants, leads and valves shall be placed off 6-inch diameter water mains. 8-inch standard fire hydrants, leads and valves shall be placed off 8-inch and larger diameter water mains.

Existing hydrants: The Contractor shall remove existing fire hydrants in their entirety, the existing fire hydrant gate valve, stand pipe, gate valve box and lid. Abandon fire hydrant leads in place where indicated on the Plans. The Contractor shall abandon fire hydrant leads by plugging the end with two feet (2’) of Class "C" or Class "D" Portland cement concrete meeting the applicable requirements of the Standard Specifications. The Contractor shall deliver hydrants to the Corporation Yard, 5730 24th Street, Bldg. 9.

Work on this item shall not begin until all new water systems are connected and operable.

2.20 Disposal
All removed materials, including but not limited to pipes, fittings, appurtenances, concrete, asphalt concrete, asbestos cement pipe, shall become the property of the Contractor and shall be properly disposed of away from the project site at the Contractor's expense.

2.21 Payment
No separate payment will be made to the Contractor for complying with the requirements of this Section. The cost of such work shall be included in whatever bid item the Contractor deems appropriate.

** End of Section **
02072 - 34 Lavender Heights Water Main Project

SECTION 3: TECHNICAL SPECIFICATIONS – Site Improvements DIVISION 1 – GENERAL
SECTION 01330

SUBMITTALS
PART 1 - GENERAL

1.01 STANDARD COMPLIANCE
A. When materials or equipment must conform to the standards of organizations such as, but not limited to, the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), National Sanitation Foundation (NSF), National Electrical Manufacturers Association (NEMA), and Underwriter's Laboratories (UL) documents showing, or proving, conformance shall be submitted.

B. If an organization uses a label or listing to indicate compliance with a particular standard, the label or listing will be acceptable evidence, unless otherwise specified in the individual sections. In lieu of the label or listing, the Contractor shall submit a certificate from an independent testing organization, which is competent to perform acceptable tests, and is approved by the City. The certificate shall state that the item has been tested in accordance with the specified organization's standard. For materials and equipment whose compliance with organizational standards or specifications is not regulated by an organization using its own listing or label as proof of compliance, a certificate of compliance from the manufacturer shall be submitted for approval. The certificate shall identify the manufacturer, the product, and the referenced standard and shall state that the manufacturer certifies that the product conforms to all requirements of the project specifications and of the referenced standard s listed.

1.02 REVIEW OF CONTRACTOR'S INFORMATION
A. When review and checking for acceptance is required of any drawing or information regarding materials and equipment, the Contractor shall prepare or secure, and submit for review, five (5) copies. The Engineer, after taking appropriate action, will return two (2) marked copies to the Contractor.

Within a reasonable time after receipt of said submittal copies, the Engineer will return the marked copies indicating one of the following four actions:

1. If review and checking indicates no exceptions, copies will be returned marked “NO EXCEPTIONS TAKEN” and work may begin immediately on incorporating the material and equipment covered by the submittal into the work.

2. If review and checking indicates limited corrections are required, copies will be returned marked “MAKE CORRECTIONS NOTED”. Work may begin immediately on incorporating into the work the material and equipment covered by the corrected submittal.

3. If review and checking indicates insufficient, or incorrect data, has been submitted, copies will be returned marked “REVISE AND RESUBMIT”. No work may begin on incorporating the material and equipment covered by this submittal into the work until the submittal is revised, resubmitted, and returned marked either “NO EXCEPTIONS TAKEN” or “MAKE CORRECTIONS NOTED”.
02072 - 35 Lavender Heights Water Main Project

4. If review and checking indicates the material and equipment submittal is unacceptable, copies will be returned marked “REJECTED”. No work may begin on incorporating the material and equipment covered by this submittal into the work until a new submittal is made and returned marked either “NO EXCEPTIONS TAKEN” or “MAKE CORRECTIONS NOTED”.

B. Approval of the submittal by the Engineer shall not relieve the Contractor from responsibility for any errors or omissions in such submittals nor from responsibility for complying with the requirements of this Contract.

C. If shop drawings show variations from contract requirements, Contractor shall describe such variations in writing, separate from the drawings, at time of submission. All such variations must be approved by the Engineer.

PART 2 - PRODUCTS

2.01 MANUFACTURER'S DATA
A. Submittals for each manufactured item shall be comprised of manufacturer's descriptive literature, drawings, diagrams, performance and characteristic curves, and catalog cuts.

Manufacturer's name, trade name, model or catalog number, nameplate data, size, layout dimensions, capacity, project specification references, and any other additional information necessary to establish contract compliance shall be clearly indicated for each item submitted.

Contractor shall identify items submitted for approval using an arrow or yellow highlighter. All submittals that fail to properly identify items will be returned to the Contractor.

2.02 SHOP DRAWINGS
A. Shop drawings shall show types, sizes, accessories, elevations, floor plans, sectional views, installation details, elementary control diagrams, and wiring diagrams. Wiring diagrams shall identify circuit terminals and shall indicate the internal wiring for eac h item of equipment.

Drawings shall also indicate adequate clearance for operation, maintenance, and replacement of operating equipment devices. If any equipment is disapproved, the drawings shall be revised to show acceptable equipment and be resubmitted. Contractor shall provide a hard copy of all shop drawings.

2.03 OPERATION AND MAINTENANCE MANUAL
A. Submit an operation and maintenance manual covering the stipulated systems and equipment. Three (3) approved copies of the manual, bound in Avery D - Ring binder model number AVY79-799 or approved equal, shall be furnished to the City. One (1) of the three copies of the operation and maintenance manual shall contain original documentation/manuals and not photocopies. Each binder shall be no more than 75% full. Prior to system and eq uipment tests, one (1) complete bound copy of the manual shall be submitted for approval. Three (3) approved copies of the manual each for this project, with all applicable test forms completed, shall be furnished to the City before completion of the contract. The following identification shall be inscribed on the cover and spine of the binders:

Operation and Maintenance Manual
Project: Lavender Heights Water Min Replacement Project Contractor: ____________________
Contract No.: ___________________
02072 - 36 Lavender Heights Water Main Project

Date: _________________________
The Contractor shall also provide the City with an electronic copy of each operation and maintenance manual. The electronic copies shall be in Adobe format (Portable Document Format) and shall be provided on a CD. Contractor shall use the latest version of Adobe.

B. Provide a table of contents and tab sheets to identify discrete subjects. Instruction sheets shall be legible and easily understood with large sheets and drawings folded in. Use manufacturer's original pre-printed instructions when available, do not copy these pre-printed instructions. Cross out all material which does not apply to the equipment furnished on this job.

C. The operating and maintenance instruction shall include, as a minimum, the following data for each item of mechanical and electrical equipment:

1. Name and location of the manufacturer, the manufacturer's local representative, the nearest supplier and spare parts warehouse

2. Approved submittals applicable to operation and maintenance

3. Recommended installation, adjustment, start -up, calibration, and troubleshooting procedures

4. A control sequence describing start-up, operation, and shutdown

5. Detailed description of the function of each principal component of the systems

6. Recommended lubrication and an estimate of yearly quantity needed

7. Recommended step-by-step procedures for all modes of operation

8. Complete internal and connection wiring diagrams

9. Complete printed circuit board schematic and assembly drawings

10. Recommended preventive maintenance procedures and schedule

11. Complete parts lists, by generic title and identification number, with exploded views of each assembly

12. Recommended spare parts

13. Disassembly, overhaul, and reassembly instructions

14. All completed test forms

15. ISA (International Society for Measurement and Control) S -20 forms for all instrumentation devices

16. As-built single line drawings of the entire electrical system including motor control drawings of each motor. AutoCAD files of both single line and motor control drawings on a CD
D. Contractor is not required to provide manuals for equipment supplied by the City. However, any manuals provided to the Contractor by the City shall be returned in a condition acceptable to the Engineer or replaced at no cost to the City.

2.04 PROJECT RECORD DRAWINGS
A. The Contractor shall maintain a neatly and accurately marked set of record drawings showing the elementary control diagrams, wiring diagrams, and final locations and layout of all 02072 - 37 Lavender Heights Water Main Project

mechanical, electrical, and instrumentation equipment; piping and conduit; structures; and other facilities. Drawings shall be kept current weekly, with all work instructions and change orders; mechanical, electrical, and instrumentation equipment accommo dations; and construction adjustment. Drawings shall be subject to the inspection of the Engineer at all times, and progress payments, or portions thereof, may be withheld if drawings are not accurate and current. Prior to acceptance of the work, the Con tractor shall deliver to the Engineer two (2) sets of neatly marked record drawings, accurately showing all the information required above.

PART 3 - EXECUTION

3.01 SUBMITTAL PROCEDURE
A. At least thirty (30) days prior to the Contractors need for approval, Contractor shall forward to the Engineer all submittals required by the individual sections of the Specifications.

B. Identify all submittals by submittal number on letter of transmittal. Specification number shall be identified on the letter of transmittal. Submittals shall be numbered consecutively and resubmittals shall have a letter suffix. For example:

1. 1st Submittal: 5

2. 1st Resubmittal: 5A

3. 2nd Resubmittal: 5B, etc.

3.02 INFORMATION TO BE SUBMITTED FOR REVIEW
A. Information on items to be submitted for review is specified in the individual sections of these Specifications. Submittals for each section shall be bound together in one book. Book shall have numbered tab dividers for each item. Submittals that are related to, or affect, each other shall be forwarded simultaneously as a package to facilitate coordinated review.

Uncoordinated submittals will be rejected. Do not combine unrelated materials in the same submittal. Submittals shall be arranged in the same order as they appear in the Specification Section. Items shall be highlighted and clearly marked with the same identification number as indicated on the drawings. The Contractor shall include submittal time appropriate within each item of work on the construction schedule. The City will receive submittals prior to, or at, the preconstruction meeting.
** End of Section **
02072 - 38 Lavender Heights Water Main Project

SECTION 01400

CONSTRUCTION STAKING

PART 1 - GENERAL

1.01 DESCRIPTION
A. Work Included

1. Construction staking. Construction staking shall be done in accordance with CSSS Section XX, as shown on the plans, described in these Technical Specifications, and directed by the Engineer.

1.02 DATUM
A. Vertical and horizontal datum are based on the coordinates and benchmarks shown on the Drawings or City provided prior to the start of construction. Locate and protect City furnished control points prior to starting the Work and preserve control points during construction. Re- establish control points disturbed by operations at no cost to the City.

B. Establish other vertical and horizontal control from these reference points as required to properly layout and construct the Work. Install connections based on actual elevations of existing structures to which connections are made.

1.03 ACCURACY OF INFORMATION

1.04 CONSTRUCTION STAKING

1.05 LAYOUT AND MEASUREMENT TO BE PERFORMED BY CONTRACTOR

1.06 RECORDS
PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION

3.01 COMPLETION
A. Remove construction stakes from the site when no longer needed.

3.02 MONUMENT PRESERVATION
A. Preserve and/or perpetuate all existing monuments and stakes within the area of work.

B. Do not disturb or remove any monuments or stakes without written permission of the Engineer.

C. Contractor shall bear the expense of resetting any monuments or stakes which may be disturbed or removed with or without permission.
02072 - 39 Lavender Heights Water Main Project

D. Provide a minimum of 15 working days’ notice to the Engineer prior to disturbance or removal of existing monuments or stakes.

E. Utilize the services of a California licensed land surveyor to reset all disturbed or removed stakes.

F. City to provide licensed land surveyor to reestablish elevation of disturbed or removed monuments.

02072 - 40 Lavender Heights Water Main Project

QUALITY CONTROL
SECTION 01410
PART 1 - GENERAL

1.01 DESCRIPTION
A. Work Included

1. Cooperate with the Engineer's selected testing agency and all others responsible for testing and inspecting the work as described herein.

2. Provide such other testing and inspecting as are specified to be furnished by the Contractor in this Section and/or elsewhere in the contract documents B. Related Work

1. Requirements for testing may be described in various Sections of these specifications and applicable codes.

2. Where no testing requirements are described but the Engineer decides that testing is required, the Engineer may require such testing to be performed under current pertinent standards for testing. Payment for such testing will be made as described in this Section.

C. Work Not Included

1. Selection of testing laboratory: The City will select a pre-qualified independent testing laboratory.

2. Payment for specified initial testing: The City will only pay for initial material strength testing of items described in Par agraph 1.02.A, “Testing Description” , herein.

Contractor shall be responsible to pay for all other testing.

1.02 TESTING DESCRIPTION
A. Material Strength:

1. The City will only pay for initial testing services for concrete strength and slump, soil compaction, and grout strength.

2. When initial tests indicate non-compliance with the Contract Documents, the costs of any additional tests required for determining compliance will be deducted by the City from the contract sum as reflected in the progress payments due the Contractor.

B. Operational Testing

1. All operational tests shall be paid for by the Contractor.

C. Contractor's Convenience Testing

1. Inspecting and testing performed exclusively for the Contractor's convenience, such as determining grain size or index properties of material proposed for use as import, shall be the sole responsibility of the Contractor.

2. Employment of testing laboratory shall in no way relieve Contractor of obligation to perform Work in accordance with requirements of Contract Documents. 02072 - 41 Lavender Heights Water Main Project

3. The City will provide initial testing for trench/structure backfill and embankment compaction.

1.03 REFERENCES
American Society of Testing Materials (ASTM)
ANSI/ASTM D3740
Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction.

ANSI/ASTM E329
Standard Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction.

1.04 LIMITS ON TESTING LABORATORY AUTHORITY
A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents.

B. Laboratory may not approve or accept any portion of the Work.

C. Laboratory may not assume any duties of Contractor.

D. Laboratory has no authority to stop Work.

1.05 CONTRACTOR RESPONSIBILITIES
A. Deliver to laboratory at designated location adequate samples of materials proposed to be used which require testing, together with proposed mix designs.

B. Cooperate with laboratory personnel, and provide access to Work and to manufacturer's facilities.

C. Provide incidental labor and facilities to provide access to work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, and for storage and curing of test samples.

D. Notify laboratory twenty -four (24) hours prior to expected time for operations requiring inspection and testing services.

PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION

3.01 COOPERATION WITH TESTING LABORATORY
A. Representatives of the testing laboratory shall have access to the work at all times and at all locations where the work is in progress. Provide facilities for such access to enable the laboratory to perform its functions properly.
02072 - 42 Lavender Heights Water Main Project

3.02 TAKING SAMPLES
A. All specimens and samples for testing, unless otherwise provided in the Contract Documents, shall be taken by the testing personnel. All sampling equipment and personnel will be provided by the testing laboratory. All deliveries of specimens and samples to the testing laboratory will be performed by the testing laboratory.

3.03 SCHEDULES FOR TESTING
A. Establishing Schedule

1. By advance discussion with the testing laboratory selected by the City, determine the time required for the laboratory to perform its tests and to issue each of its findings.

2. Provide all required time within the construction schedule.

B. Revising Schedule

1. When changes of construction schedule are necessary during construction, coordinate all such changes with the testing laboratory as required. ** End of Section **
02072 - 43 Lavender Heights Water Main Project

SECTION 01500

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 - GENERAL

1.01 DESCRIPTION
A. Work included

1. Requirements for Contractor’s temporary facilities at the job site and for the prosecution of the Work. The Contractor shall submit to the Engineer for review his/her proposed plan and layout for all temporary offices, sanitary facilities, storage yards, temporary phone service, and temporary power service and distribution.

B. Related Requirements

1. Section 01770, “Contract Closeout”

1.02 STAGING AREA
A. Before starting the work, submit a proposed plan and layout for all temporary offices, sanitary facilities, storage areas, temporary water service and distribution, and temporary power service and distribution.

B. Erect temporary security fence as appropriate. Contractor is responsible for the security of the staging area. Owner and Engineer do not take any responsibility for missing or damaged equipment, tools or personal belongings.

C. Store only those materials and equipment that are related to the construction within the staging area.

D. The Contractor shall make its own arrangements for staging, storage, and shop areas necessary for the proper execution of the work, including location for placement of office trailer. The Contractor shall pay all fees, insurance and permits for such use. The Contractor’s equipment, vehicles, and materials shall not remain in public streets during non -working hours. It shall be the responsibility of the Contractor to transport and store such items at the Contractor’s own facility at the end of each work day.

1.03 SECURITY
A. The Contractor shall be responsible for the security of its equipment (materials, tools, and
personal belongings) at all times. The City will not take any responsibility for missing or damaged equipment, materials, tools or personal belongings

1.04 CONTRACTOR’S UTILITIES
A. For all services, the Contractor shall be responsible for providing labor and materials required for making service connections and running pipe, conduit, cable, pumps and other items as needed from the connection point to the location where Contractor needs service.

Installation must meet City and/or County standards. No asphalt cutting and patching is allowed. Submit schematic plan and details of proposed service connections and routing for review and acceptance prior to ordering materials as specified in CSSS.

1.05 SANITARY FACILITIES
A. The Contractor shall make arrangements for the maintenance of adequate toilet facilities at 02072 - 44 Lavender Heights Water Main Project

or near the work site and shall pay the costs thereof.

1.06 CONSTRUCTION AIDS
A. Provide and operate drainage and pumping equipment as required to maintain excavations and site free of standing water.

1.07 CLEANING DURING CONSTRUCTION
A. Control accumulation of waste materials and rubbish; periodically dispose of off -site in a location approved by the Engineer.

B. Clean interior areas prior to start of finish work, maintain areas free of dust and other contaminants during finishing operations.

1.08 TEMPORARY ELECTRICITY
A. Provide and make arrangements for temporary electric service for power and lighting as required for the construction work of the Contract and shall maintain such service until the completion of the Contract. The Contractor shall be responsible for obtaining a source of electric power for construction . Temporary power shall not be provided by the City or from existing facilities. All requests for exceptions to this policy shall be submitted in writing to and approved in writing by the Engineer.

B. Cost of electric power shall be borne by the Contractor. Pay all costs of installation , maintenance fees, disposing charges and removal of temporary services and facilities used.

C. The temporary electric power installation shall meet the construction safety requirements of OSHA, state, and other governing agencies.

1.09 TEMPORARY WATER SUPPLY
A. Use potable water for soil moisture conditioning, pipeline pressure testing and other construction uses.

B. Obtain approvals and authorizations from the City’s Development Services Department to obtain a hydrant meter for use of water.

1. Make the necessary connections to the public water supply and install all conveyance piping and truck filling facilities that are required to transport water for the work. Contractor is solely responsible for all costs associated with installing the meter and transportation of water. Care shall be exercised to isolate equipment which is not rated for the specified test pressure to avoid damage to the equipment.

2. Temporarily install valves, flow meters, air gaps, backflow preventers and other appurtenances required by the Owner of the public water distribution system to maintain the integrity of the existing water systems.

3. Remove temporary water facilities when no longer needed.

1.10 REMOVAL
A. Remove temporary materials, equipment, services, and construction prior to Substantial Completion inspection.

B. Clean and repair damage caused by installation or use of temporary facilities. Remove underground installations to a depth of two (2) feet, grade site as indicated. Restore existing facilities used during construction to specified, or to original, condition. 02072 - 45 Lavender Heights Water Main Project
PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION

3.01 CONTRACTOR'S PLANT AND EQUIPMENT
A. Security

1. The Contractor shall be responsible for the security of his plant and equipment at all times. The City will not take responsibility for missing or damaged equipment, tools or personal belongings.

B. Workshop and Storage Facilities

1. The Contractor shall provide storage facilities for the protection from weather materials and supplies and shall keep the facilities clean and in proper order at all times.

C. Parking Facilities

1. Parking areas at the project location for the vehicles used by the Contractor's construction employees and his own vehicles shall be as approved by the Engineer.

3.02 GENERAL AND TRENCH SAFETY
A. The Contractor shall execute and maintain his work so as to avoid injury or damage to any person or property. All work shall be done in conformance with the State of California Division of Industrial Safety and OSHA Standards. Safety precautions, as appl icable, shall include, but not be limited to, adequate fume protection; adequate illumination for underground and night operations; instructions in accident prevention for all employees; such machinery guards, walkways, scaffolds, ladders, bridges, and oth er safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries, and the proper inspection and maintenance of all safety measures. Contractor shall have emergency phone numbers and addresses posted on the job site.

B. Trench safety shall conform to the provisions of Section 6705 of the Labor Code of the State of California.

C. Excavation for any trench five (5) feet or more in depth shall not begin until the City has received the Contractor’s detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall be submitted at least five (5) days before the Contractor intends to begin excavation for the trench and shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall a llow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an Engineer who is registered as a Civil or Structural Engineer in the State of California.

D. Contractor shall obtain, pay for, and comply with all provisions of the permit required by Section 6500 of the California Occupational Safety and Health Act of 1973.

3.03 NOISE CONTROL
A. Conform to City of Sacramento’s Noise Ordinance. Section 66.203 of the ordinance exempts 02072 - 46 Lavender Heights Water Main Project

construction noise from the quantitative limits if the construction occurs between 7:00 am and 6:00 pm, Monday through Saturday, and/or between 9:00 am and 6:00 pm Sunday; Operation of internal combustion engines is not exempt pursuant to this sub -section if engines are not equipped with suitable exhaust and intake silencers.
** End of Section **
02072 - 47 Lavender Heights Water Main Project

SECTION 01505

MOBILIZATION AND DEMOBILIZATION
PART 1 – GENERAL

1.01 DESCRIPTION
A. Mobilization

1. Requirements for Contractor’s temporary facilities at the job site and for the prosecution of the Work. The Contractor shall submit to the Engineer for review his/her proposed plan and layout for all temporary offices, sanitary facilities, storage yards, temporary phone service, and temporary power service and distribution.

2. Mobilization shall also include the construction of temporary fencing; and the necessary preparatory work required to allow for the safe and stable movement of all vehicles that are required to construct the improvements as shown.

B. Demobilization

1. Demobilization shall consist of work and operations necessary to disband all mobilized items and clean up the site. The removal of all signs, temporary fencing, and temporary facilities or works and the restoration of surfaces to an equal or better than existing condition shall also be included as part of demobilization.

02072 - 48 Lavender Heights Water Main Project

SECTION 01550

TRAFFIC CONTROL
PART 1 – GENERAL

1.01 DESCRIPTION
A. Scope of Work

1. Contractor furnished labor, materials, equipment, tools, and services necessary to provide access to the motoring and pedestrian public; and adequately safeguard the workers and public from construction hazards with a minimum of inconvenience.

2. Work includes but is not limited to the following:
a. Preparation of Traffic Control Plans (detailed drawings) and obtaining approval of Traffic Control Plans from the Agencies having jurisdiction b. Masking and restoring permanent signs and striping. c. Erection and removal of temporary construction signs. d. Installation and removal of temporary traffic control devices, including barriers and barricades, and detour implementation.
e. Coordinating work with all agencies having jurisdiction.

B. Reference Standards

1. Comply with guidelines, excluding payment sections, of the latest editions of the following reference standards:
a. CSSS Section 6 – Legal Relations and Responsibilities to the Public b. CSSS Section 7 – Prosecution and Progress
c. CSSS Section 32 – Traffic Signs, Markings and Barricades d. Caltrans Standard Specifications and Standard Plans, most recent addition i. Section 7-1.03 Public Convenience
ii. Section 7-1.04 Public Safety
iii. Section 12, Temporary Traffic Control
e. CAL/OSHA, State of California Construction Safety Orders i. Section 1599, Traffic Control for Public Streets and Highways ii. Section 15999, Flaggers
f. OSHA, Code of Federal Regulations
i. Title 19, Part 1926, Construction Safety and Health Regulations ii. Title 29, Part 1910, Occupational Safety and Health Standards

02072 - 49 Lavender Heights Water Main Project

C. Submittals

1. Traffic Control Plans shall conform to CSSS Section 6-10.

2. Traffic control plans shall be site specific. Standard plans may be referenced, but details shall be depicted on maps, images, or figures of actual road configurations at specific locations along the project. Photocopies of typical traffic control lane closure samples or any other manuals will not be accepted.

3. All signs, signals, pedestrian and vehicle ramps, and barricades shall conform to the requirements of CAL/OSHA Construction Safety and Health Regulations. A Traffic Control Plan, following the requirements of the Agencies having jurisdiction, shall be submitted to the Engineer and agencies having jurisdiction for review and approval.

1.02 QUALITY ASSURANCE
A. Traffic Control Plans shall be prepared by a qualified traffic management/traffic control firm or California Licensed Civil or Traffic Engineer. Plans shall be stamped by California Licensed Civil or Traffic Engineer if a third submittal is required to gain approval from the agencies having jurisdiction.

B. No changes or deviations from the approved Traffic Control Details shall be made, except temporary changes in emergency situations, without prior approval of the Traffic Engineer, the Construction Manager, and all agencies having jurisdiction.

C. Any revisions to the traffic control plans shall be submitted to the agencies having jurisdiction ten (10) days in advance of the work.

PART 2 – PRODUCTS

2.01 TRAFFIC CONTROL DEVICES

A. All traffic control devices shall conform to the requirements of CSSS Section 32 and the provisions in Caltrans Standard Specifications, Section 12, “Temporary Traffic Control.” B. Included, but not limited to, are flag units, construction signs, channelizing devices, barricades, delineators, and lighting devices. All delineators shall have double bases.

C. All signs which are to convey their messages during darkness shall be reflectorized or illuminated. Contractor shall provide two (2) message boards each closure or detour.

Message boards shall remain up during the required notification period prior to construction and during the duration of the closure or detour.

PART 3 - EXECUTION

3.01 PLACEMENT OF TRAFFIC CONTROL DEVICES
A. Store all equipment and materials in designated contractor staging areas or adjacent to the worksite, such that traffic obstruction is minimized.

B. Implement all roadside safety protocols. Advance “Road Work Ahead” warning and speed control signs shall be posted to reduce speeds and provide safe traffic flow through the work zone. All excess and unsuitable material resulting from the Contractor’s operation shall be removed as it develops and before the end of each workday. 02072 - 50 Lavender Heights Water Main Project

3.02 REMOVAL OF TRAFFIC CONTROL DEVICES
A. When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavations adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations, approved by the agency having jurisdiction.

B. Contractor shall remove any temporary pavement striping and/or markers used for temporary traffic control.

3.03 ACCESS TO ADJACENT PROPERTIES
A. Provide and maintain access to adjacent properties at all times. Notify homeowners/occupants along the proposed construction route.

B. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.

C. Temporary provisions shall be made by the Contractor to assure the use of sidewalks and the proper functioning of all gutters, sewer inlets and other drainage facilities.

Temporary provisions for sidewalks must meet Americans with Disabilities Act (ADA) requirements.

3.04 STREET CLOSURE
A. No streets may be closed without first obtaining approval, in writing, from the Agencies having jurisdiction. If permission is granted, it shall be the Permittee’s responsibility to notify the agencies prior to closing the street.

B. Request for street closure shall include detour and signage plans.

C. Hours and days of road closures are subject to limitations imposed by the agencies having jurisdiction.

3.05 CONSTRUCTION PARKING CONTROL
A. Curb parking shall be removed in accordance with the Traffic Control Plan. Removal of curb parking shall be minimized.

B. Make arrangements directly with local authorities to keep the working area clear of parked vehicles.

C. Coordinate with Police as appropriate, for the location of “No Stopping” and “No Parking” signs.

D. At least (1) week in advance of construction, furnish and place, where approved by Police and the Construction Manager, portable “TOW AWAY – NO STOPPING” signs.

The dates and times of parking removal shall be posted on the signs.

E. Any delays caused by failure of the Contractor to adhere to the approved schedule will be at the Contractors sole expense. No additional compensation will be allowed for costs resulting from said delays.

F. Notify Police of all parking violators who require tow away from construction areas.

G. Construction equipment not actively engaged in the work and employee vehicles shall not be parked in the vicinity of the work in such a manner as to further restrict or obstruct traffic flow.

3.06 FLAGGING
A. Flaggers shall be required:
a. Where workers or equipment intermittently block a traffic lane. 02072 - 51 Lavender Heights Water Main Project

b. When trucks or equipment enter or leave the work site from an adjacent traffic lane
c. Where plans or permit allow the use of one lane for two directions of traffic. d. Wherever the safety of the public and/or workers determine there is a need.

B. Flagging shall be carried out in accordance with Caltrans Standard Specifications. All flagging costs shall be considered as included in pay items for traffic control.

3.07 PEDESTRIAN SAFETY AND BICYCLE ACCESS
A. Maintain safe and adequate pedestrian zones and public transportation stops as well as provide pedestrian crossings at intervals not to exceed 300 feet within the work zone.

B. When the construction area crosses a crosswalk, the crosswalk shall be barricaded and sign “No Ped Crossing Use Crosswalk” posted.

C. Maintain pedestrian and bicycle access and circulation during project construction where safe to do so. If construction activities encroach on a bicycle lane, advance warning signs (e.g., “Bicyclists Allowed Use of Full Lane” and/or “Share the Road”) will be posted that indicate bicycles and vehicles are sharing the lane. If construction activities encroach on a sidewalk, safe crossings and appropriate signage will be provided for pedestrians.

3.08 NIGHT WORK
A. Maintain safe and No night work shall be permitted unless requested in writing by the Contractor and approved in writing by the agency having jurisdiction. In addition to schedule information traffic control and detour plans for specific locations shall be part of the Contractor’s request for night work.

B. For all night work locations approved in writing, provide advanced special message signs placed at least seven (7) days prior to closing the intersection, but not more than fourteen (14) days in advance of the intersection closure. The advanced special message sign shall state the anticipated closure dates and times as shown on the plans.

Notify the agency having jurisdiction not less than fourteen (14) calendar days prior to installing the advance intersection closure warning signs C. The Contractor shall be responsible for maintaining accurate and timely information on the advanced special message signs. The signs, when no longer required or when the information becomes outdated, shall be immediately covered or removed, or the sign message shall be updated.

02072 - 52 Lavender Heights Water Main Project

SECTION 01600

MATERIALS AND EQUIPMENT
PART 1 - GENERAL

1.01 DESCRIPTION
A. Requirements Included

1. Products

2. Transportation and Handling

3. Storage and Protection

4. Substitutions and Product Options
B. Related Requirements:

1. Section 01330, “Submittals”

1.02 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials.

1.03 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Manufacturer's Recommendations

1. Except as otherwise approved by the Engineer, determine and comply with manufacturer's recommendations on product handling, storage and protection. a. Maintain packaged materials with seals unbroken and labels intact until time of use.
b. Promptly remove damaged materials and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the City.

2. The Engineer may reject as non -complying such material and products that do not bear identification satisfactory to the Engineer as to manufacturer, grade, quality, and other pertinent information.

3. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged.

1.04 JOB CONDITIONS
A. Storage and Protection

1. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions.

2. For exterior storage of fabricated products, place on sloped supports above ground.

Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation.
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3. Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with foreign matter.

4. Arrange storage to provide access for inspection . Periodically inspect to assure products are undamaged, and are maintained under required conditions.

5. After installation, provide coverings to protect products from damage from traffic and construction operations, remove when no longer needed.

6. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner.

B. Repairs and Replacements

1. In event of damage, promptly make replacements and repairs to the approval of the Engineer and at no additional cost to the City.

2. Additional time required to secure replacements and to make repairs will not be considered to justify an extension in the Contract Time of Completion.

1.05 ALTERNATIVES
A. Within ten (10) days after date of Contract, submit complete list of major products proposed, with name of manufacturer, trade name, and model.

B. Options

1. Products Specified by Reference S tandards or by Description Only - Any product meeting those standards

2. Products Specified by Naming One (1) or More Manufacturer s with a Substitute Paragraph - Submit a request for substitution for any manufacturer not specifically named

3. Products Specified by Naming Several Manufacturers - Products of named manufacturers meeting specifications; no options, no substitutions allowed

4. Products Specified by Na ming Only One (1) Manufacturer - No options, no substitutions allowed
C. Substitutions:

1. Within ten (10) calendar days after date of Contract, Contractor shall submit requests to the Engineer for consideration of substitutions.

2. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents.

3. Request constitutes a representation that Contractor:
a. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product.
b. Will provide the same warranty for substitution as for specified product. c. Will coordinate installation and make other changes that may be required for Work to be complete in all respects.
d. Waives claims for additional costs that may subsequently become apparent.

4. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request, or when 02072 - 54 Lavender Heights Water Main Project

acceptance will require substantial revision of Contract Documents.

5. Engineer will determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time.

6. The Engineer can, at his option, require as a condition of acceptance of a substitution that the Contractor provide a credit to the City for the difference in cost of product(s) or components, or systems proposed as a substitution.

7. If, upon Engineer's review of a substitution, it is determined by the Engineer that the substitution is not acceptable, for whatever reason, the Contractor shall supply the specified product or products.

PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION

3.01 SHIPPING AND PROTECTION OF EQUIPMENT
A. Definition

1. For the purpose of this article, "equipment" means all mechanical devices, all electrical devices, all electronic devices, and all items with one or more moving parts.

B. Packing and Marking

1. All equipment shall be adequately and effectively protected against damage from moisture, dust, handling or other cause during transport from manufacturer's or supplier's premises to site. Each item or package shall be clearly marked with a fitting or distinguishing mark that shall be shown on the packing lists. Stiffeners shall be used where necessary to maintain shapes and to give rigidity. Parts of equipment shall be delivered in assembled or sub-assembled units where possible.

C. Identification of Equipment

1. Each item of equipment shall have firmly affixed to it a nameplate, label or tag with its equipment number or other discrete identifying mark.

D. Storage of Equipment

1. Contractor shall provide storage for equipment; for the entire interval between receiving and installation, and for the entire interval between being removed and reinstalled. Equipment shall be stored in an enclosed space affording protection from weather, dust and mechanical damage and providing favorable temperature, humidity and ventilation conditions as required to ensure against equipment deterioration.

Storage container shall be heated above dew point temperature.

E. After installation, all equipment shall be protected as required. During construction, including finishing, all equipment that may be affected must be completely covered.

F. Delivery of Equipment

1. City personnel will not accept materials or equipment deliveries for the Contractor.

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G. Security

1. Security of equipment stored by the Contractor is the sole responsibility of the Contractor. All losses or damage shall be replaced or repaired at the Contractor's expense.
** End of Section **
02072 - 56 Lavender Heights Water Main Project

SECTION 01770

CONTRACT CLOSEOUT
PART 1 - GENERAL

1.01 DESCRIPTION
A. Requirements Include

1. Closeout Procedures

2. Final Cleaning

3. Record Drawings

4. Spare Parts and Maintenance Materials

5. Warranty
B. Related Requirements

1. Section 01330, “Submittals

2. Section 01500, “Construction Facilities and Temporary Controls”

3. Section 16950, “Operational Testing”

1.02 SUBMITTALS
A. Submittals shall include the following:

1. Record Drawings

2. Spare parts as indicated in the individual sections

3. Operation and Maintenance Manuals (draft and final versions) PART 2 – PRODUCTS
Not Used.

PART 3 - EXECUTION

3.01 CLOSEOUT PROCEDURES
A. When Contractor notifies the Engineer that the project has been completed, the Engineer shall perform a walk through and develop a list of deficient work items.

B. After Contractor completes correction of the deficiencies to the satisfaction of the Engineer, a final walk through will be scheduled with the City Operation and Maintenance personnel. At the final walk through, a punchlist will be developed and submitted to the Contractor.

C. Contractor shall notify the Engineer when all punchlist items have been completed. The Engineer will then inspect the work. If the work is completed to the satisfaction of the Engineer, and if as -built drawings , and operation and maintenance manuals , are completed and submitted, a completion report will be prepared.
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3.02 FINAL CLEANING
A. Execute prior to final walk through.

B. Clean all interior and exterior surfaces; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces. Clean equipment and fixtures to a sanitary condition, clean or replace filters on mechanical equipment. Clean roofs and drainage systems of any debris. Vacuum inside switchgear.

C. Clean site; sweep paved areas, rake clean other surfaces.

D. Remove surplus materials, rubbish, and temporary construction facilities.

3.03 RECORD DRAWINGS
A. Conform to CSSS Section 5-8.

3.04 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide spare parts and maintenance materials in quantities specified in each section.

Coordinate delivery with the Engineer and obtain receipt prior to final payment.

3.05 WARRANTY
A. Contractor’s warranty term shall begin the date the job is accepted by the City. ** End of Section **
02072 - 58 Lavender Heights Water Main Project
DIVISION 2 – SITE CONSTRUCTION
SECTION 02072

TEMPORARY POTABLE WATER SUPPLY SYSTEM
PART 1 - GENERAL

1.01 DESCRIPTION
A. This specification covers the requirements for implementing a n above ground temporary potable water supply system (TPWSS) including, but not limited to, mains, service connections, and associated appurtenances prior to disconnecting service of an existing water main for the purpose of replacing the main in the same location.

1.02 REQUIREMENTS
A. Prior to isolating any section of the existing water main for removal and replacement as required in the contract, the Contractor shall furnish, install, disinfect, and maintain and operate the temporary potable water supply system on a twenty-four hour, seven day a week basis (24/7) to all properties and other buildings, whether occupied or not, which are connected to the existing main to be removed and replaced. The Contractor is responsible for the removal of the TPWSS piping, valves not otherwise indicated on the plans to be abandoned in-place, temporary service connections once the system is no longer needed, and restore any damaged surfaces to existing condition.

B. The Contractor shall submit a TPWSS layout for City approval. The TPWSS shall meet the codes and regulations of all agencies having jurisdiction.

C. The Contractor shall maintain the TPWSS in safe and operative conditions at all times and shall be solely responsible for the protection of life, property, and prevention of injury to persons and structures. Sufficient safeguards shall be provided by the Contractor to prevent tampering and vandalism to the TPWSS , and the Contractor shall have full responsibility for the safety and adequacy of protection provided.

D. The Contractor shall provide temporary water services on a 24/7 basis for customers whose permanent service line and fire service is:

1. Out of service due to the mainline pipe to which it is connected to being replaced

2. Out of service due to the main pipe to which it is connected being served only by the main being rehabilitated or replaced, including dead end pipes and pipes ending at isolation valves.

3. Out of service for any other reason in connection with work under this contract.

E. The Contractor shall field locate all water services and temporary connection points, in advance, that will be served by the TPWSS. The Contractor shall adhere to the notification requirements as defined in these specifications providing adequate notice to property owners and residents who will receive temporary water service.

1.03 Reference Specifications, Codes, Standards, and Definitions, A. Except as otherwise indicated, the current edition of the Specifications and Standards listed in the General Provisions apply to the work of this Section.

B. Industry Standards
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1. American Water Works Association (AWWA)

2. C510-07 Double Check Valve Backflow Prevention Assembly

3. ASTM International
a. D 1784-08 – Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds
b. D 2241-05 – Poly (Vinyl Chloride) (PVC) Pressure-Rated Pipe (SDR Series) c. D 3139-98 (2005) – Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals
d. F 477-08 – Elastomeric Seals (Gaskets) for Joining Plastic Pipe

4. NSF International
a. 61-2010 Drinking Water System Components - Health Effects

5. Americans with Disability Act (ADA Compliance)

6. California Department of Public Health Standards
C. Definitions

1. For the purpose of this specification, the following definitions apply:
a. Associated appurtenance means structures, devices, and appliances, other than pipe and conduit that are used in connection with a water distribution system, such as valves, hydrants, corporation cocks, services, and thrust restraints.
b. Excavation, Earth and Rock means the excavation classified as earth and rock according to the contract documents.
c. Temporary Hydrant means temporary fire hydrant and all associated temporary appurtenances.
d. Temporary Potable Water Supply System means temporary water mains, services, hydrants, and all associated appurtenances.
e. Temporary Water Services means temporary potable water supply services installed on or just below the ground surface for the purpose of providing potable water to customers while the existing water main is out of service. f. Temporary Water main means temporary potable water supply hose or pipe installed on or just below the ground surface for the purpose of providing potable water to temporary services and temporary fire hydrants while the existing water main is out of service.
g. Water main means an installation designed for the conveyance of water under pressure using circular pipe.
h. Residential Water Service means any dwelling, structure, or facility that ordinarily receives water from the local utility agency.

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1.04 Submittals
A. The following information shall be submitted in accordance with Section 01300, no later than 14-Days prior to the commencement of all work requiring temporary potable water supply services:

1. TPWSS plans showing the layout of the proposed system

2. TPWSS materials that will be used

3. TPWSS setup sequence and schedule

4. Testing and disinfection procedure

5. Procedure for connecting to fire hydrants and hot tapping existing mainlines

6. Transition approach from below ground to above ground

7. Vehicle/pedestrian crossing approach and materials

8. Temporary water service connection approach

9. Security/vandalism protection measures
PART 2 - PRODUCT

2.01 General
A. The pipe size, type, and class shall be as specified in the Contract Document or approved equal. Fittings shall be suitable for and compatible with the pipe material and class with which they are used. All materials in contact with potable water shall be NSF/ANSI 61 compliant and, if being reused, shall have been used exclusively for potable water service. All materials shall be capable of withstanding 150 psi (minimum) pressure and all other conditions of use. All materials shall be lead free, and shall pass the flushing and disinfection requirements in accordance with City standard specifications.

B. The Contractor shall field verify all lengths and necessary parts prior to ordering materials. The Contractor shall contact material supplier to determine material delivery time, but shall anticipate a minimum of 2-4 months from time of order to delivery on-site. This time frame shall be included in the Contractors project schedule

2.02 Materials
A. Temporary Potable Water Supply System

1. The piping material and all other materials used in conjunction with the TPWSS shall comply with current NSF regulations for potable water systems and be as follows:
a. AquaMan Blue flexible hose and fittings or approved equal. Materials shall be abrasion resistant and capable of being driven over by vehicles periodically without short term effects and be resistant to UV light. b. Piping and fitting materials shall be of material that does not impart any taste or odor to the water.
c. All fittings, couplings, and other connectors shall be lead free and NSF/ANSI 61 compliant.
d. All materials shall meet a minimum hydrostatic design pressure of 150 psi. 02072 - 61 Lavender Heights Water Main Project

e. Rigid pipe shall be made of class 12454-B PVC material according to ASTM D 1784. PVC shall be formulated with impact modifiers, heat stabilizers, and ultraviolet inhibitors. Schedule 40 and 80 PVC pipe will not be allowed. f. Pipe extrusion shall meet or exceed all requirements of ASTM D 2241. g. Joints and couplings shall be according to ASTM D139. h. O-rings shall be according to ASTM F 477.

B. Valves

1. All valves shall comply with City of Sacramento Standard Specifications.

C. Temporary Connection to Water Source

1. Fire Hydrants
a. Temporary connections made to fire hydrants shall be equipped with a quick release mechanism that would allow quick disconnection by authorized personnel.
b. The fire hydrant valve mechanism may be used as the shutoff valve.

2. Hot Tap Existing Mainline
a. Hot tap connections onto existing water mains shall be performed by City crews and coordinated through Chuck Barsuglia (916 -804-4024). The Contractor is responsible for providing all necessary parts and valves necessary for the City to hot tap the main.

3. Gate valves shall be abandoned or removed as indicated on the plans. Valves abandoned in -placed shall be made with a threaded plug or blind flange with gasket as directed by the City.

2.03 Equipment – Not Used

LAVENDER HEIGHTS WATER MAIN REPLACEMENT