Agenda packet — Santa Cruz City Council, June 27, 2023 (part 3 of 4)

E. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

F. Engineer or Construction Manager will issue clarifications and interpretations of the Contract Documents as provided in the General Conditions and elsewhere in the Contract Documents.

G. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

H. Nothing in the Contract Documents creates:

1. any contractual relationship between City, Construction Manager, or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or

2. any obligation on the part of City, Construction Manager, or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations.

3.02 Reference Standards
A. Standards Specifications, Codes, Laws and Regulations

1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of City, Contractor, Construction Manager, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to City, Construction Manager, or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and

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Test Site Preparation and Monitoring Well 00 72 13- 15 General Conditions check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Construction Manager any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Article 11.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Construction Manager in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Article 11.

3. Contractor shall not be liable to City or Construction Manager for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:
a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Requirements of the Contract Documents
A. During the performance of the Work and until final payment, Contractor and City shall submit to the Construction Manager in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Construction Manager will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work.

1. Such matters are subject to the order of precedence of the Contract Documents set forth in Article 5 the Agreement.

2. Engineer will be the interpreter of the requirements of the Drawings, Specifications (including applicable standard specifications, if any, such as State Specifications, as applicable) of Divisions 02-49 (“Technical Specifications”), and engineering and technical matters of the Contract Documents related to the Project design, and will respond to RFIs regarding the Project’s design and engineering and technical matters.

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Test Site Preparation and Monitoring Well 00 72 13- 16 General Conditions

3. Construction Manager will be the interpreter of the Contract Documents regarding administrative and procedural requirements, including the documents in Division 00 (“Bidding and Contracting Requirements”) and the Division 01 General Specifications.

4. Engineer and Construction Manager will jointly confer with each other concerning matters related to the acceptability of the Work and either Construction Manager or Engineer will render the necessary interpretation or clarification.

B. Construction Manager and Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Written clarification, interpretation, or decision by Engineer and Construction Manager will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on City, unless it appeals by filing a Claim.

C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Construction Manager and Engineer will promptly jointly notify City, and Contractor in writing that Construction Manager and Engineer are unable to provide a decision or interpretation. If City and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

3.05 Reuse of Documents
A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without City’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4— COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times
A. The Contract Times will commence to begin fourteen (14) calendar days following the date of the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract.

4.02 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date.

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Test Site Preparation and Monitoring Well 00 72 13- 17 General Conditions B. Not less than 24 hours prior to starting Work at the Site, Contractor shall furnish notice to Construction Manager and City of Contractor’s intent to start the Work at the Site.

4.03 Reference Points
A. City shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of City. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Construction Manager for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with City. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress
A. If City, Construction Manager, Engineer, or anyone for whom City is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price and Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. Uncontrollable Delays: If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of City, Contractor, and those for which they are responsible, then Contractor may be entitled to an equitable adjustment in Contract Times. An adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph.

Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. Force Majeure Events:

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Test Site Preparation and Monitoring Well 00 72 13- 18 General Conditions a. Acts of god, severe and unavoidable natural catastrophes such as fires, floods, epidemics, pandemic, tidal waves, and earthquakes;
b. Abnormal weather conditions;
c. Acts or failures to act of third-party utility owners or other third-party entities not under the reasonable control of either City or Contractor (other than those thirdparty utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and
d. Acts of war or terrorism.
e. Labor strikes, labor disputes, freight embargoes, and shortages of materials beyond the reasonable control of Suppliers and others for whom Contractor is responsible.

2. Such delays must be not less than five hours’ duration per day to qualify under this provision.

3. Further Conditions on Certain Force Majeure Delays:
a. Material Shortages: Upon Contractor’s submittal of satisfactory proof to Construction Manager, shortages of materials may be grounds for an extension of the Contract Times. Such documentation must demonstrate that Contractor has made every effort to obtain such materials from all known Suppliers within reasonable reach of the Site. Only the physical shortage of materials, caused by unusual circumstances, will be grounds for an extension of the Contract Times.

No consideration will be given to any Change Proposal or Claim that materials could not be obtained at a reasonable, practical, or economical cost, unless it is demonstrated to Construction Manager’s and City’s satisfaction that such materials could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. An extension of the Contract Times for shortage of materials will not be considered for materials ordered or delivered late or whose availability is affected by mishandling of procurement by Contractor, Subcontractor or Supplier. This provision applies equally to equipment to be incorporated into the Work.

4. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows:
a. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference.
b. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled.
c. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11.

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Test Site Preparation and Monitoring Well 00 72 13- 19 General Conditions d. Contractor shall make all reasonable efforts to remove or eliminate the cause for delay, disruption, interference, or default, and will upon cessation of the cause, Contractor shall diligently pursue performance of its contractual obligations.

5. Weather-Related Delays
a. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: (1) that weather conditions were abnormal for the period of time in which the delay occurred, (2) that such weather conditions could not have been reasonably anticipated, and (3) that such weather conditions had an adverse effect on the Work on the critical path at the time of the delay. b. The existence of abnormal weather conditions will be determined in accordance with the following:
1) Every workday on which one or more of the following conditions exist will be considered a “bad weather day”:
i) Total precipitation (as rain equivalent) occurring between 7:00 p.m. on the preceding day (regardless of whether such preceding day is a workday) through 7:00 p.m. on the workday in question equals or exceeds ½ inch of precipitation.
ii) Ambient outdoor air temperature at 11:00 a.m. is equal to or less than the following low temperature threshold: 32 degrees Fahrenheit; or, at 3:00 p.m. the ambient outdoor temperature is equal to or greater than the following high temperature threshold: 110 degrees Fahrenheit. iii) A high wind warning has been issued.
2) Determination of actual bad weather days during performance of the Work will be based on the weather records measured and recorded by the National Weather Service and weather monitoring station nearest to the Project site. 3) The time allowance of work is based upon the inclusion of 10 bad weather days A bad weather day will not be considered as working days, unless construction work is performed despite the weather.
4) The Contractor shall base the construction schedule upon the inclusion of the number of days of bad weather days specified in this Section. No extension of the Contract time due to excusable inclement weather will be considered until after the said aggregate total number of days of excusable inclement weather has been reached; however, no reduction in Contract time would be made if said number of days of excusable inclement weather is not reached.
5) The existence of abnormal weather conditions will not relieve Contractor of the obligation to demonstrate and document that delays caused by abnormal weather are specific to the planned work activities or that such activities thus delayed were on Contractor’s then-current Progress Schedule’s critical path for the Project.
6) The Contractor shall assume responsibility for monitoring the National Weather Service weather forecast on a daily basis during the Project and notify the City when a bad weather day is predicted to occur. Notification

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Test Site Preparation and Monitoring Well 00 72 13- 20 General Conditions of a bad weather day shall be given the day prior, or the day of occurrence, whichever is earlier. Notification shall be given via e-mail or other written means.

D. Each Contractor’s request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following:

1. The circumstances that form the basis for the requested adjustment;

2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work;

3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work;

4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and

5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07.

Contractor shall also furnish such additional supporting documentation as City or Construction Manager may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work.

E. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E.

F. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

G. Failure to comply with the requirements of this Article 4 shall result in Contractor waiving any right to adjustments to Contract Price or Contract Times.

4.06 Notice of Delays
A. When Contractor foresees or is aware of a delay in the prosecution of the Work:

1. When the delay entitles Contractor to a change in the Contract Times, submit Change Proposal therefor in accordance with Article 11 of these General Conditions, within the time limits set forth in Paragraph 11.09.

2. When the delay does not entitle the Contractor to a change in the Contract Times, give Construction Manager and Engineer prompt notice thereof. Contractor is responsible for preparation of recovery schedules and for all costs associated with making up the lost time and consequences of failing to comply with the Contract Times.

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Test Site Preparation and Monitoring Well 00 72 13- 21 General Conditions ARTICLE 5— SITE CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands
A. City shall provide the lands, rights-of-way, and easements upon which the Work is to be provided, and such other lands as may be designated on the Drawings for Contractor’s use. Contractor shall confine its operations to within these limits.

B. Contractor shall provide for all additional lands and access thereto that may be required for temporary facilities or storage of materials and equipment.

C. Right-of-Ways Delays

1. If performance of the Work is delayed because of City’s failure to acquire or provide lands for the Work, an extension of the Contract Times will be provide pursuant to provisions of Article 11 of the General Conditions and other provisions of the Contract Documents. Such change of the Contract Times is conditioned that such delay adversely affects Contractor’s ability to comply with the Contract Times.

5.02 Use of Site and Other Areas
A. Limitations on Use of Site and Adjacent Areas

1. No material or equipment shall be stored where it will interfere with the safe passage of public traffic or the traffic of City and entities retained by City, and at the end of each day’s work and at other times when construction operations are suspended for any reason, Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic, the City, and entities retained by the City. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.

2. Obstruction along the line of the Work, such as mailboxes or newspaper boxes, posts, fences, culverts, improvements, and similar types of site improvements, which interferes with the Contractor’s operation shall be carefully removed and replaced by Contractor as soon as possible in a condition equal to preconstruction conditions or better. Trees and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, under- or aboveground pipelines, and other improvements and facilities adjacent to the Work shall be protected from injury or damage.

3. If such objects are injured or damaged by reason of Contractor’s operations they shall be replaced or restored at Contractor’s expense. The facilities shall be replaced or restored in accordance with the Contract Documents; if not expressly addressed in the Contract Documents, restore to preconstruction condition. When it becomes necessary for Contractor to remove an existing fence as an obstruction to the Work, Contractor shall provide the necessary temporary fencing to be functionally as effective as the original for protection of livestock, equipment, or property.

4. Only those trees specifically designated for removal on the Drawings or as otherwise indicated in the Contract Documents for removal shall be removed except with specific approval of the Director. Tree branches that extend over the Work and must be removed, shall be cut off at the bole in a competent manner. Contractor shall then remove other branches so that the tree will present a balanced appearance. Scars resulting from the removal of branches shall be treated with a heavy coat of an approved tree seal. The Director may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility.

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Test Site Preparation and Monitoring Well 00 72 13- 22 General Conditions

5. Cost of such repairs shall be borne by Contractor and may be deducted (as a set-off) from payments due or Contractor under the Contract.

6. No direct payment will be made by reason of the provisions of this article and all costs in connection therewith shall be included in the Contract Prices.

7. Contractor, employee, and agents, shall at all times observe and comply with all conditions imposed by any instrument granting the right to enter upon property for the purpose of performing the Work, including, but not limited to, all conditions relative to the prevention and suppression of fires.

B. Rights in Land and Use of Property: Nothing in the Contract allows Contractor to make arrangements with any person for occupancy or use of any land, structure, or building at the Site for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner, or tenant of such land, structure or building. Contractor shall not use the Site for any purpose other than performance of the Work.

C. Trespass: Contractor shall be responsible for damage and injury caused on property by trespass by Contractor, or anyone for whom Contractor is responsible during the Work, whether such trespass was committed with or without the consent or knowledge of Contractor.

D. Removal of Debris During Performance of the Work

1. During the progress of the Work, Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations.

E. Cleaning

1. Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

F. Loading of Structures:

1. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions
A. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Instructions to Bidders with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.50.b.

B. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against City, Program Manager, Construction Manager, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

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Test Site Preparation and Monitoring Well 00 72 13- 23 General Conditions

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;

3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or

4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.

5.04 Differing Subsurface or Physical Conditions
A. Pursuant to California Public Contract Code Section 7104, when the Work involves other excavations below the ground surface:

1. Contractor shall promptly, and before the following conditions are disturbed, notify Construction Manager and Engineer in writing of any:
a. Material that Contractor believes may constitute a Hazardous Environmental Condition, as defined in Paragraph 1.01.A of these General Conditions and as set forth in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with Laws and Regulations;
b. Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents (Type I Differing Site Condition); and c. Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract (Type II Differing Site Condition).

2. Contractor’s written notice shall inform Engineer and Construction Manager of how such conditions affect its work and, where appropriate, shall indicate recommended methods to overcome such conditions.

B. Differing site conditions do not include:

1. All that is indicated or reasonably interpreted from the Contract Documents or reference documents;

2. All that could be reasonably visually observed at the Site;

3. Conditions that are materially similar to or characteristically the same as those indicated or described in the Contract Documents or reference documents; and

4. Conditions where the location of a component of the Work is in the proximity where indicated in or reasonably interpreted from the Contract Documents or reference documents.

C. Engineer and Construction Manager will promptly investigate the conditions identified and described in Contractor’s written notice, and if Engineer and Construction Manager determine that the conditions differ materially so, or do involve a Hazardous Environmental Condition, and will result in a change in the Contract Price or Contract

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Test Site Preparation and Monitoring Well 00 72 13- 24 General Conditions Times, the City, Construction Manager, and Engineer will issue a Work Change Directive or proposal request (to be followed by Contractor’s Change Proposal and eventually a Change Order), in accordance with the Contract Documents.

D. When a disagreement arises between City with its consultants and the Contractor, regarding whether the conditions materially differ, or involve a Hazardous Environmental Condition, or cause a change in the Contract Price or Contract Times, Contractor will not be excused from compliance with the Contract Times and shall proceed with all Work.

Contractor retains any and all rights provided either by Contract or by Laws and Regulations which pertain to the resolution of disagreements between the parties.

E. If Contractor discovers archaeological or historical resources during construction, the work in the affected area shall immediately cease and Contractor shall immediately notify Construction Manager (not later than 24 hours after discovery). City will have ownership of archaeological and historical resources discovered or revealed by Contractor.

5.05 Underground Facilities
A. In general, location of existing Underground Facilities shown on the Drawings are approximate. Such information was obtained from utility owners’ maps and City does not guarantee either the correctness of locations or the extent of such location. Minor lines such as service laterals to buildings or structures are general not shown on the Drawings.

Contractor is responsible for ascertaining exact location of Underground Faculties within the Contract Price and Contract Times.

B. Unless otherwise allowed in the Contract Documents or by express permission from utility owner, Contractor shall not interrupt or stop utility services provided via Underground Facilities. Where interruption of services is allowed or required, Contractor shall provide disconnection and reconnection of the associated utility or service within the Contract Price and Contract Times, regardless of whether by Contractor’s or Subcontractor’s workers or by utility owner.

C. In accordance with California Government Code Section 4215, City has responsibility for the timely removal, relocation or protection of existing main or trunk line Underground Facilities located at the Site, if such Underground facilities are not shown or indicated on the Drawings or elsewhere in the Contract Documents. City will compensate Contractor for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating existing Underground Facilities at the Site and not shown or indicated with reasonable accuracy on the Drawings or other Contract Documents. City will also compensate Contractor for cost of equipment at the Site necessarily idled during such delay in the Work associated unanticipated Underground Facilities. In the event of such delay, Contractor will be eligible for a change in the Contract Price and the Contract Times; a change in the Contract Times is conditioned on the delay adversely affecting Contractor’s ability to comply with the Contract Times.

D. Nothing in this provision or elsewhere in the Contract Documents will require City to indicate the presence of existing Underground Facilities whenever the presence of such Underground Facilities at the Site can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Site; provided, however, that nothing in this provision or the Contract Documents shall relieve City from identifying Underground Facilities on the Drawings or elsewhere in the Contract Documents.

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Test Site Preparation and Monitoring Well 00 72 13- 25 General Conditions E. Nothing in this provision or the Contract Documents precludes City from pursuing any appropriate remedy against utility owners for delays which are the responsibility of the utility owner.

F. Nothing in this provision or elsewhere in the Contract Documents will relieve utility owner from any obligation required either by Laws or Regulations or by contract to pay the cost of removal or relocation of existing Underground Facilities or utility facilities visible aboveground.

G. If, while performing the Work, Contractor discovers Underground Facilities not shown or indicated on the Drawings or elsewhere in the Contract Documents, Contractor must immediately notify City and utility owner in writing, with a copy of such notice submitted to Construction Manager and Engineer.

H. Either City or utility owner, whichever owns existing Underground Facilities located at the Site, shall have sole discretion to effect repairs or relocation work or to permit Contractor to perform such repairs or relocation work at a reasonable price.

I. Contractor shall work around public Underground Facilities that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, and Contractor will be held liable to the owner of such Underground Facilities for damage or interference with service resulting from Contractor’s operations.

J. Exact locations of Underground Facilities within the construction area shall be ascertained by Contractor before using equipment or methods that may damage or interfere with service resulting from Contractor’s operations. Contractor is responsible for notifying owners of Underground Facilities that Contractor is working in the vicinity of such Underground Facilities.

K. City or others may be engaged in moving or reconstructing Underground Facilities or maintaining service of Underground Facilities, and Contractor shall cooperate with such entities and conduct Contractor’s operation in such a manner as to avoid unnecessary delay or hindrance to the work being performed by such other entities.

L. City owns, operates, and maintains its own water distribution and wastewater collection systems and will cooperate with Contractor insofar as it is reasonable and practicable.

Full compensation for conforming to the requirements of this article, not otherwise provided for, shall be considered as included in the Contract Price for the various contract items of Work.

5.06 Hazardous Environmental Conditions at Site
A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to City relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site;

2. drawings known to City relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

3. Technical Data contained in such reports and drawings.

B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Instruction to Bidders with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.50.b. Except for such

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Test Site Preparation and Monitoring Well 00 72 13- 26 General Conditions reliance on Technical Data, Contractor may not rely upon or make any claim against city, Program Manager, Construction manager, or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify City, Construction Manager, and Engineer (and promptly thereafter confirm such notice in writing). City shall promptly consult with Construction Manager and Engineer concerning the necessity for City to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Construction Manager and Engineer, City shall take such actions as are necessary to permit City to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then City may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.

F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after City has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If City and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of City’s written notice regarding the resumption of Work, Contractor

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Test Site Preparation and Monitoring Well 00 72 13- 27 General Conditions may submit a Change Proposal, or City may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08.

H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11 of these General Conditions. City may have such deleted portion of the Work performed by City’s own forces or others in accordance with Article 8 of these General Conditions.

I. To the fullest extent permitted by Laws and Regulations, City shall indemnify and hold harmless Contractor, Subcontractors, Program Manager, Construction Manager, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph

5.06.I obligates City to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, Program Manager, Construction Manager, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

K. The provisions of Paragraphs 5.03, 5.04, and 5.05 of these General Conditions do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 6— BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds
A. Surety Qualifications

1. Performance bond, payment bond, and any other bonds required by the Contract Documents shall be issued by a surety on the forms bound in the Contract Documents. Bonds shall serve as security for the faithful performance and payment of all of Contractor’s obligations under the Contract and are required to be satisfactory to the City. Contractor shall pay all bond premiums and costs. Surety

25.95 Aquifer Storage and Recovery Beltz 9 Pilot
Test Site Preparation and Monitoring Well 00 72 13- 28 General Conditions shall be authorized to issue surety bonds in the State of California. Bonds shall be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, US Department of the Treasury.

Each bond must be signed by both the Contractor and surety. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

2. The bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California. Contractor and surety shall warrant to the City that the surety is licensed by the California Secretary of State to conduct business in the State of California and surety shall provide proof of its authorization to conduct business in the State of California.

3. Surety shall be certified by the Federal Department of the Treasury for $50 million or higher and shall have an A.M. Best rated A:VII or higher.

B. Contractor agrees to be responsible for any additional security if required by the City as specified in the Supplementary Conditions.

C. Payment Bond:

1. The Payment Bond (or “Bond for Labor and Material”) shall be in the amount of 100 percent (100%) of the Contract Price, and shall inure to the benefit of persons performing labor, furnishings materials, or both, in connection with the Work. City shall be the obligee on the Payment Bond.

2. Payment Bond shall be maintained in full force and effect until all Work is completed and accepted by the City, and until all claims for materials and labor have been paid, whichever is later.

3. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the Payment Bond.

City may furnish copy of the Payment Bond to such entities upon their request to City.

D. Performance Bond:

1. Performance Bond (or “Bond for Faithful Performance”) shall be in the amount of 100 percent (100%) of the Contract Price, and shall be so conditioned as to ensure the faithful performance by Contractor of all Work in accordance with the Contract Documents. Performance bond shall also ensure the replacing of, or making acceptable, any defective Work.

2. Performance Bond shall remain in effect for one (1) year (unless otherwise specified in the Supplementary Conditions) after final payment has been accepted by Contractor and until Final Completion, as guaranty for Contractor’s performance of all obligations, including, warranties, guarantees, maintenance, to correct and remedy defective Work, and payment of damages.

E. Maintenance/Warranty Bond: In lieu of having the Performance Bond remain in effect for one year after final completion and performance of all obligations, including, warranties, guarantees of these General Conditions (as may be modified by the Supplementary Conditions),whichever is later, a maintenance bond (or “warranty bond”)

25.96 Aquifer Storage and Recovery Beltz 9 Pilot
Test Site Preparation and Monitoring Well 00 72 13- 29 General Conditions in the amount of 10 percent of the final Contract Price, may be substituted, if furnished to City in acceptable form after the Work is eligible for final payment and prior to when City issues final payment to Contractor. Unless otherwise specified in the Supplementary Conditions, such maintenance bond shall remain in effect for a period of one year after the date of Final Completion as guaranty for Contractor’s obligations including warranties, guarantees, maintenance, and to correct and remedy defective Work. A partial occupancy of a part of the Work consistent with Paragraph 15.04 of these General Conditions may cause the correction period to commence to only that part of the Work which becomes partially occupied or actually used prior to Final Completion.

F. Replacement of Surety: Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given the Contractor and Contractor shall promptly substitute a new surety or sureties satisfactory to the City. No further payment shall be due Contractor under the Contract until the new sureties shall qualify and be accepted by the City and the required bonds are furnished to and accepted by the City.

G. Changes in the Work or extensions of time made pursuant to the Contract Documents shall in no way release the Contractor or surety from its obligations. Contractor shall have the responsibility to communicate any Contract modifications to surety and to revise the duration and amount of the Performance Bond and Payment as required. All changes in the Contract Price will be deemed to include compensation sufficient for Contractor to revise the Performance Bond and Payment Bond.

6.02 Insurance—General Provisions
A. Requirements are in the Supplementary Conditions.

6.03 Contractor’s Insurance
A. Requirements are in the Supplementary Conditions.

6.04 Property Insurance
A. Requirements for builder’s risk insurance or an installation floater (when allowed) are in the Supplementary Conditions.

6.05 Losses; Subrogation
A. Requirements are in the Supplementary Conditions.

6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 (or the Supplementary Conditions) will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insured, and give notice to such other insured that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insured, or to the named insured that purchased the policy in its own right and as fiduciary for other insured, subject to the requirements of any applicable mortgage clause.

A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

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Test Site Preparation and Monitoring Well 00 72 13- 30 General Conditions C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds.

ARTICLE 7— CONTRACTOR’S RESPONSIBILITIES

7.01 Contractor’s Means and Methods of Construction
A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not City-delegated professional design services under this Contract, and neither City, Program Manager, Construction Manager, nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.

C. Contractor shall identify each item of construction equipment and machinery, other than small tools and hand tools, by affixing an identifying number plainly stenciled or stamped on such equipment or machinery at a conspicuous location. Manufacturer, model, and empty gross weight of each item of compacting equipment shall be plainly stamped or stenciled in a conspicuous place on such item. Gross weight shall be either the manufacturer’s rated weight or the scale weight.

D. Alternative Construction Equipment and Machinery: Where the Contract Documents require use of a certain type of construction equipment or machinery for the Work, and Contractor proposes a substitute or equivalent item, comply with requirements of Paragraphs 7.05 and 7.06 of these General Conditions.

7.02 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to City and Construction Manager, except under extraordinary circumstances. If the City required prequalification for the Project, Contractor shall assign its prequalification-designated superintendent to the Project.

C. Contractor shall designate in writing before starting the Work an authorized representative who shall have complete authority to represent and act for Contractor. If the City required prequalification for the Project, Contractor shall assign its prequalification-designated authorized representative to the Project. Where Contractor is a joint venture or otherwise comprised of two or more partners or corporations, Contractor shall designate in writing to City and Construction Manager the name of Contractor’s authorized representative who shall have full authority to direct the Work and to whom communications may be directed by Construction Manager. Contractor’s authorized representative shall be indicated in writing to City and Construction Manager not later than the preconstruction conference required by Paragraph 2.04 of these General

25.98 Aquifer Storage and Recovery Beltz 9 Pilot
Test Site Preparation and Monitoring Well 00 72 13- 31 General Conditions Conditions. Contractor’s representative will typically be Contractor’s designated project manager In addition, Contractor shall identify in writing to City and Construction Manager the name of Contractor’s designated Site superintendent, who shall be at the Site at all times when work is in progress at the Site.

D. Contractor is not an agent of the City, nor does Contractor have any direct, contractual relationship with Program Manager, Construction Manager, or Engineer.

7.03 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site.

B. Contractor shall be fully responsible to City, Construction manager, and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions C. Character of Workers: If any worker at the Site, whether employed by Contractor or Subcontractor, fails or refuse to carry out the directions of the Director or appears to the Director to be incompetent or to act in a disorderly or improper manner, the worker shall be removed from the Site immediately on the request of the Director, and such persons shall not again be employed on the Work. Nothing in this provision gives rise to any duty or obligation on the part of City, Construction Manager, or Engineer to monitor the work or competency of Contractor’s workers at the Site.

D. Hours of Labor: Eight hours of labor constitutes a day’s work. Contractor shall forfeit as a penalty to City up to $25 for each worker employed on the Work for each day during which such worker is required or permitted to labor more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of California Labor Code Sections 1810 to 1815, inclusive, except as provided for under Labor Code Section 1815.

E. Working Hours: Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Supplementary Conditions, all Work at the Site will be performed during regular working hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. Contractor will not perform Work between the hours of 5:00 p.m. and 8:00 a.m nor on a Saturday, Sunday, or any legal or City-observed holiday, except with the City’s prior written consent (which will not be unreasonably withheld), or except in case of an emergency. The Contractor shall request the City’s consent at least 48 hours and specify the location, duration, and type of work proposed to be performed outside of normal construction working hours or on a Saturday, Sunday, or legal or City-observed holiday. Any construction work done without such notice and without the City’s prior written consent may be subject to inspection, required to be removed, or replaced at the Contractor's sole expense.

F. Legal Holidays recognized by applicable collective bargaining agreements as requiring holiday pay may not be considered working days if no construction work is performed.

G. City observed holidays are not working days and no construction work shall be performed on such days. Holidays that occur on a weekend will be observed on a weekday. City-observed holidays are New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.

25.99 Aquifer Storage and Recovery Beltz 9 Pilot
Test Site Preparation and Monitoring Well 00 72 13- 32 General Conditions H. Contractor shall minimize any noise generated during working hours; and maintain compliance with the City’s noise ordinance, Santa Cruz Municipal Code (SCMC) sections 4.14.070 and 9.36.010 or Santa Cruz County Code (SCCC) sections 8.30.010 and 1.13.070. Violations of the SCMC or SCCC can result in administrative or criminal citations, and financial penalties.

I. No noise generating activities, including but not limited to running or maintaining diesel equipment, sawcutting, jackhammering, idling vehicles, back-up alerts shall be done between the hours of 6:00 p.m. and 8:00 a.m.

7.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, startup, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

1. Water, as required for City projects, may be obtained at City-owned hydrants provided that application is made to the City Water Department and permission obtained with provision for payment.

2. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of City. If required by Engineer or Construction Manager, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

B. In general, materials and equipment indicated in the Contract Documents without definition of quality shall be consistent with the quality of adjacent or related materials, and equipment.

C. Any method of installation, finish, or workmanship required by the Contract Documents without definition or standard shall be provided consistent with adjacent or related construction.

D. Necessary material, equipment, or activity not called for, but reasonably implied as necessary for proper completion of the Work shall be provided consistent with adjacent or related materials and equipment in accordance with good practice.

E. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

F. City’s Property Rights in Materials and Equipment

1. Nothing in the Contract shall be construed as vesting in Contractor any right of property in the materials used after they have been installed into the permanent construction, or after payment has been made for 80 percent of the value of materials or equipment (as applicable) delivered to the Site, whether or not they have been installed. All such materials and equipment shall become City’s property upon being so installed upon payment of such 80 percent of the value of said materials or equipment (as applicable) delivered to the Site or otherwise paid for by City.

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Test Site Preparation and Monitoring Well 00 72 13- 33 General Conditions

2. City’s ownership does not mitigate or reduce Contractor’s responsibility for protection of materials and equipment and adjoining property, as set forth in the Contract Documents.

G. Ownership of Materials Removed from Work Areas

1. Title to water and to the right to the use of all water, to all soil, stone, gravel, sand, minerals, and all other materials developed or obtained in the excavation or other operations by Contractor and the right to use or dispose of the same, are hereby expressly reserved in the City and neither Contractor, nor any Subcontractor or any worker shall have any right, title, or interest in or to any part thereof; neither shall they assert or make any claim thereto. Contractor may be allowed to use in the Work without charge any such materials which meet the requirements of the Contract Documents.

7.05 “Or-Equals”
A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below.

1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or-equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that the proposed item:
1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;
2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;
3) has a proven record of performance and availability of responsive service; and
4) is not objectionable to City.
b. Contractor certifies that, if the proposed item is approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Times; and
2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents.

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Test Site Preparation and Monitoring Well 00 72 13- 34 General Conditions

2. Where the Contract Documents require use of specific procedures or methods, Contractor may propose, in accordance with this Paragraph 7.05 and associated provisions of the Contract Documents, use of an equivalent procedure or method on the same basis as for “or-equal” items of materials and equipment.

3. Submit requests for approval of a proposed “or-equal” to Engineer, with concurrent copy to Construction Manager.

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “orequal” at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability.

No “or-equal” will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item, procedure, or method is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. Engineer’s decision on the proposed “or-equal” will be in writing and copied to Construction Manager.

D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. Engineer’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract.

E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material, or a procedure or method required by the Contract, proposed by Contractor does not qualify as an “or-equal”, Contractor may request that Engineer consider the proposal a proposed substitute pursuant to Paragraph 7.06 of the General Conditions and related provisions of the Specifications.

F. Pursuant to California Public Contract Code, Section 3400 et seq., Contractor has at least 35 days after award of the Contract for submission of complete request for approval of “or-equal” items or procedures.

7.06 Substitutes
A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. Where the Contract Documents require use of a specific procedure or method, Contractor may also request Engineer’s approval of a substitute procedure or method; although language of this Paragraph 7.06 is generally regarding substitute materials and equipment, similar requirements apply to requested substitutes procedures and methods. To the extent possible such requests must be made before commencement of related construction at the Site and is subject to time limitations, if any, for such requests as required by the Contract Documents. Requests for approval of substitutes shall be submitted to Engineer, copied to Construction Manager; Engineer’s response(s) will be to Contractor and copied to Construction Manager.

1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the proposed substitute item of material or equipment is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not

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Test Site Preparation and Monitoring Well 00 72 13- 35 General Conditions accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application:
a. will certify that the proposed substitute item will:
1) perform adequately the functions and achieve the results called for by the general design;
2) be similar in substance to the item specified; and
3) be suited to the same use as the item specified.
b. will state:
1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times;
2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; and
3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify:
1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner.

Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing (with copies to Construction Manager) of any negative determination.

C. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a

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Test Site Preparation and Monitoring Well 00 72 13- 36 General Conditions substitute so proposed or submitted by Contractor, Contractor shall reimburse City for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse City for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute.

E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution.

Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal.

G. Pursuant to California Public Contract Code, Section 3400 et seq., Contractor has at least 35 days after award of the Contract for submission of complete request for approval of substitute items or procedures.

7.07 Concerning Subcontractors Suppliers, and Others Performing Work A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to City. Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to City to perform and complete the Work in accordance with the Contract Documents.

1. Where Contractor has indicated in its Bid the identity of certain Subcontractors or Suppliers, Contractor shall retain such Subcontractors and Suppliers for the work, unless certain Subcontractor(s) or Supplier(s) are rejected by City.

B. Contractor shall submit to the City a list of Subcontractors, Suppliers, or other individuals, or entities who will perform work, labor or render services to the Contractor in excess of one-half of one percent of the Contractor’s total Bid together with the portion of the work or services provided which will be done by each such Subcontractor, Supplier, or other individual or entity in accordance with Public Contract Code section 4104.

1. The Contractor shall perform with his/her own organization and with workers under his/her immediate supervision, Work of a value not less than fifty percent (50%) of the value of all Work covered by the Contract, unless otherwise stated in the Supplementary Conditions.

C. Contractor shall comply with California Public Contract Code Sections 4100 et seq, inclusive, relating to subletting and subcontracting. Any violation of the statute entitles the City at its sole discretion to assess penalties of either 10% of the value of the subcontract at issue on the Contractor, terminate the Contract, and seek other legal penalties.

After the bid is accepted, Contractor may not substitute a new Subcontractor in place of a Subcontractor listed in the original bid, except with the City’s consent and in accordance with the requirements of Public Contract Code Section 4107.

D. In no case shall the use of Subcontractors or Suppliers in any way alter the position of Contractor or its surety with relation to the requirement to complete the Work in

25.104

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Test Site Preparation and Monitoring Well 00 72 13- 37 General Conditions accordance with the Contract Documents. When a Subcontractor or Supplier is used, the responsibility for every portion of the Work performed by such Subcontractor or Supplier shall still remain with Contractor.

E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions.

F. Subcontracts and purchase orders valued at more than $25,000 with Subcontractors and Suppliers shall be pursuant to an appropriate contractual agreement with Contractor that includes a provision that Subcontractor and Supplier are bound to Contractor to the same extent that Contractor is bound to City by all applicable terms and conditions of the Contract. No subcontract or purchase order with Subcontractors and/or Suppliers shall bind or purport to bind the City.

G. On a monthly basis, Contractor shall submit to Construction Manager a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. The list of Suppliers shall be submitted on a City form furnished through Construction Manager.

H. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers so that the Work can be completed in an orderly and coordinated manner without delay or unreasonable disruption.

I. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade.

J. City may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier.

K. Contractor shall restrict all Subcontractors and Suppliers from communicating with City, Program Manager, Construction Manager, or Engineer, except through Contractor.

L. Nothing in the Contract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity, any contractual relationship between City and any such Subcontractor, Supplier, or other individual or entity; nor

2. shall create any obligation on the part of City to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.

7.08 Patent Fees and Royalties
A. Contractor is responsible for all costs (including, but not limited to, patent fees and royalties) arising from use of, and shall indemnify, defend, hold harmless, and save the City, its officials, officers, employees, agents, and Program Manager, Construction Manager, and Engineer and their respective officers, employees, subcontractors, and consultants, harmless from liability of any nature and kind, including costs and expenses, for or on account of copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article, equipment, device, or appliance manufactured, furnished, or used by Contractor in the Work, including their use by City, unless otherwise specifically stipulated in the Contract Documents.

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7.09 Permits
A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. City will assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). City shall pay all charges of utility owners for connections for providing permanent service to the Work.

B. Contractor shall comply with all necessary permits, licenses, and certificates of occupancy, and give all notices necessary and incident to the due and lawful prosecution of the Work, except as specifically provided otherwise in the Contract Documents.

C. Fire Permits: Contractor shall obtain necessary fire permits from the properly constituted authority and comply with Santa Cruz County’s and others’ Laws and Regulations associated therewith.

7.10 Taxes
A. The Contract Prices shall include full compensation for all applicable taxes and duties to be paid by Contractor, whether imposed by federal, state, or local governments relating to the Work.

7.11 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work, including as specified in Article

19. 1. City and City’s Consultants as listed in the Agreement shall have no responsibility for monitoring Contractor’s compliance with any Laws or Regulations.

2. Contractor shall promptly self-report violations of Laws and Regulations by Contractor, Subcontractors, Suppliers, or anyone for whom Contractor is responsible, to the appropriate authority or authorities having jurisdiction.

3. Citation in or indication within the Contract Documents of any specific Laws or Regulations does not impart to such Laws or Regulations special significance or priority, nor does such citation in or indication within the Contract Documents of certain Laws and Regulations in any way diminish or reduce Contractor’s obligation to comply with all Laws and Regulations. Such obligation shall be absolute regardless of whether certain Laws or Regulations are explicitly cited or indicated in the Contract Documents.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless City, Program Manager, Construction Manager, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It is not Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03 of these General Conditions.

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Test Site Preparation and Monitoring Well 00 72 13- 39 General Conditions C. City or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If City and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or City may initiate a Claim..

7.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one paper record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings.

Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Construction Manager and Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Construction Manager

7.13 Safety and Protection
A. Public Safety; Safety of Personnel at the Site and Adjacent Areas; Protection of Property

1. Except as may be limited by Laws and Regulations, Contractor is solely and completely responsible for conditions of the Site and the Work, including safety of all persons and property during performance of the Work. This requirement applies continuously and is not limited to normal working hours. After final payment by City, Contractor’s responsibility for safety and protection is in effect at all times when Contractor is onsite to correct or remedy defective Work or honor warranty obligations.

2. For purposes of California Labor Code Section 6400 and related provisions of Laws and Regulations, Contractor and Contractor’s privities and other entities engaged in the Work will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be “employers” pursuant to California Labor Code Section 6400 and related provisions of Laws or Regulations with respect to Contractor, Contractor’s privities or other entities engaged in the Work.

3. Contractor shall provide and maintain such temporary fences, barriers, lights, bridges, and signs and provide such flaggers and guards as necessary to give adequate warning to the public, City’s employees, and other entities retained by City of the construction and of dangerous conditions to be encountered as a result thereof.

4. When Contractor’s operations require one-way traffic or creates a condition hazardous to the public traffic, Contractor shall provide and station competent flaggers whose sole duties shall consist of directing the movement of public traffic through or around the work.

B. Accident Prevention

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1. Contractor shall comply with all pertinent safety Laws and Regulations and orders of the State of California, Department of Industrial Relations, Division of Industrial Safety, and U.S. Department of Labor, OSHA, and all other Laws and Regulations regardless of whether or not expressly indicated in the Contract Documents, and will take or cause to be taken such additional measures as may be necessary for the prevention of accidents.

2. Prior to commencing the Work, Contractor shall: (1) submit in writing the proposals for effectuating Contractor’s provisions for accident prevention (to be submitted directly to City), and (2) meet in conference with the Director to discuss and develop mutual understandings relative to administration of an overall safety program, and those elements of Contractor’s safety program with which the City and City’s consultants are required to comply.
a. Do not submit Contractor’s accident prevention plan or any Contractor’s sitespecific health and safety plan (HASP), collectively “Contractor’s safety program”, Construction Manager or Engineer. Submit such documents directly to City or City’s safety consultant (if any), upon request of City or City’s safety consultant.
b. City may retain the services of City’s safety consultant for the Project. No services of City’s safety consultant are for benefit of Contractor or any Subcontractor or Supplier; rather, City’s safety consultant’s service are solely for benefit of City.
c. Contractor will give due consideration of comments and suggestions by City, or City’s safety consultant, or both, regarding Contractor’s safety program and onsite procedures incident thereto.
d. Any review and comment by City or City’s safety consultant on Contractor’s safety program or conditions at the Site shall not, in any way, impose on City or City’s safety consultant any obligation to monitor and comment on Contractor’s safety programs or procedures incident thereto, nor shall it mitigate or reduce Contractor’s sole responsibility for safety and protection relative to the performance of the Work.
e. Should City retain a City’s safety consultant for the Project, City’s safety consultant shall be included in all of Contractor’s indemnification and defense obligations under the Contract. City’s safety consultant, if any, shall be an additional insured on Contractor-furnished insurance (except for workers’ compensation insurance and professional liability insurance), and shall be included in Contractor’s obligation to have Contractor’s insurance carrier waive its rights of subrogation against City’s safety consultant, and other entities indicated in the Supplementary Conditions to be covered by such waiver of subrogation rights obligation.

3. During the Work, Contractor shall institute controls and procedures for the control and safety of persons visiting the Site.

4. Contractor shall maintain an accurate record of, and shall report to, the Director in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract.

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5. Compliance with the provisions of this Article by Subcontractors will be the responsibility of Contractor.

6. No direct payment will be made by reason of the provisions of this Article and all costs in connection therewith shall be included in the Contract Price paid for various items of the Work.

C. Safety Representative

1. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs.

D. Interference with Fire Hydrants, Highways, and Fences

1. Contractor shall conduct its construction operations to not close or obstruct highways, roads, or streets, or prevent in any way free access to fire hydrants until Contractor has obtained permits therefor from the proper authorities. If a highway required to be kept open is rendered unsafe by Contractor’s operation, Contractor shall promptly make such repairs or provide such temporary guards as shall be acceptable to the authorities having jurisdiction and to the Director. Highway or street maintenance or repair work required by local authorities in connection with operations under the Contract shall be performed by Contractor within the Contract Price. Fences subject to interference shall be maintained as effective barriers consistent with the original intent, but upon approval of the Director, they may be moved or rearranged to facilitate prosecution of the Work until the Work is substantially complete, after which fences and barriers shall be restored to their in accordance with the Contract Documents; if not addressed in the Contract Documents, restore to original or better condition.

E. Preservation of Property

1. Due care shall be exercised to avoid damaging existing structures and improvements, utility facilities, and adjacent property. The fact that any Underground Facility is not shown on the Drawings does not relieve Contractor of responsibility for ascertaining the existence of any underground improvements or facilities which may be subject to damage by reason of the Contractor’s operations.

F. Contractor’s Responsibility for Protection

1. Until the Final Completion, Contractor shall be responsible for protecting the Work and shall bear the risk of injury, loss, or damage, to any part thereof by the action of the elements or from any other cause, whether arising from execution or from nonexecution of the Work. Materials and equipment to be incorporated into the Work include both those furnished by City and those furnished by Contractor, including materials and equipment for which Contractor has received partial payment as provided in the Contract Documents.

G. Responsibility for Damages; Indemnification

1. City (including City Council) and its officers, employees, agents, and volunteers, and Construction Manager, and Engineer, and their respective officers, employees, subcontractors, and consultants shall not be answerable or accountable in any manner, for loss or damage that may occur to the Work, or for construction equipment, machinery, or tools, or temporary facilities used in performing the Work, or for injury to any person or persons, either workers or the public; for damage to property from any cause which might have been prevented by Contractor or any

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Test Site Preparation and Monitoring Well 00 72 13- 42 General Conditions person or entity for whom Contractor is responsible, against all of which injuries or damages to persons and property Contractor having control over such work must properly guard.
a. Contractor is responsible for damage to person and property resulting from defective Work and from any cause whatsoever during the progress of Work until Substantial Completion (unless indicated otherwise in the certificate of Substantial Completion) and at any time thereafter when the Contractor is onsite to complete remaining Work or perform Contractor’s obligations under the correction period or warranty obligations. Any Work that becomes damaged due to Contractor’s failure to protect the Work prior to final completion and notice of acceptance shall be replaced or repaired to City’s satisfaction by Contractor at no additional cost to the City.

H. Compliance with Safety Programs

1. Contractor shall comply with the applicable requirements of City’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions, Technical Specifications, or Exhibits.

2. Contractor shall inform City and City’s Consultants of the specific requirements of Contractor’s safety program with which employees and representatives of City and City’s Consultants must comply while at the Site.

7.14 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Construction Manager prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. Construction Manager shall promptly advise Engineer of the matter and, if Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued.

7.16 Submittals
A. Shop Drawing and Sample Requirements

1. Before submitting a Shop Drawing or Sample, Contractor shall:
a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;
b. determine and verify:
1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal;

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Test Site Preparation and Monitoring Well 00 72 13- 43 General Conditions 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto;
c. confirm that the Submittal is complete with respect to all related data included in the Submittal.

2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal.

3. With each Shop Drawing or Sample, Contractor shall give Construction Manager and Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Construction Manager and Engineer for review and approval by Engineer in accordance with the accepted Schedule of Submittals.

1. Shop Drawings
a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C.

2. Samples
a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer and Construction Manager may require to enable Engineer and Construction Manager to review the Submittal for the limited purposes required by Paragraph 7.16.C.

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Engineer’s Review of Shop Drawings and Samples

1. Engineer, potentially with comments from Construction Manager (regarding Samples), will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents,

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2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto.

3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Construction Manager and Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification.

5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs

7.16.A and B.

6. Engineer’s or review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, and Engineer’s or Construction Manager’s review and acceptance of any other Submittal that indicates a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Construction Manager’s nor Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document.

8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4.

D. Resubmittal Procedures for Shop Drawings and Samples

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals.

2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer and Construction Manager will record their respective times for accepting, reviewing, and processing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s and Construction Manager’s charges to City for such time. City may impose a set-off against payments due Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s and Construction Manager’s charges to City for their acceptance, review, and processing time, and City may impose a set25.112

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E. Submittals Other than Shop Drawings, Samples, and City-Delegated Designs

1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and City-delegated designs:
a. Contractor shall submit all such Submittals to the Construction Manager and Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. Engineer will review and take appropriate action on Submittals pertaining to the design of the Project, required quality of the Work, and similar matters of engineering or technical nature.

Construction Manager will review and take appropriate action no administrative Submittals that do not pertain to the design or to engineering or similar technical matters. Only one entity will be furnish response to a given Submittal. b. Construction Manager and Engineer, as applicable, will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted.
c. Engineer’s or Construction Manager’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal.
d. If any such Submittal is not accepted, Contractor shall confer with Construction Manager or Engineer (as applicable) regarding the reason for the non-acceptance, and resubmit an acceptable document.

2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and

2.05 of these General Conditions.

F. City-delegated Designs: Submittals pursuant to City-delegated designs are governed by the provisions of Paragraph 7.19 of these General Conditions.

7.17 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that:

1. all materials and equipment used in or incorporated into the Work shall be new unless otherwise specified in the Contract Documents, of good quality, and free of liens, claims, and security interests of third parties; and

2. all Work will be of good quality and free from defects; and that the Work will conform with and will be in accordance with the Contract Documents. City, Construction Manager, and Engineer are entitled to rely on Contractor’s warranty and guarantee. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

B. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City shall be entitled to rely on Contractor’s warranty and guarantee. Neither the Notice of Completion nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty material or quality of Work.

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Test Site Preparation and Monitoring Well 00 72 13- 46 General Conditions C. Disclaimers and Limitations: Manufacturer’s disclaimers and limitations on product warranties do not relieve Contractor of warranty on Work that incorporates products.

Manufacturer’s disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with Contractor.

D. City’s rights under this warranty and guarantee are in addition to, and are not limited by, City’s rights under the correction period provisions of Paragraph 15.08. The time in which City may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights.

E. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

F. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of City’s warranty and guarantee rights under this Paragraph 7.17:

1. Observations by Construction Manager or Engineer;

2. Recommendation by Construction Manager or payment by City of any progress or final payment;

3. The issuance of a certificate of Substantial Completion by Construction Manager or Engineer or any payment related thereto by City;

4. Use or occupancy of the Work or any part thereof by City;

5. Any review and approval of a Shop Drawing or Sample submittal;

6. The end of the correction period established in Paragraph 15.08;

7. Any inspection, test, or approval by others; or

8. Any correction of defective Work by City.

G. If the Contract requires Contractor to accept the assignment of a contract entered into by City, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to City for the Work described in the assigned contract.

7.18 Indemnification
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, Project Manager, Construction Manager, Engineer, and their respective officials, officers, directors, partners, employees, and authorized agents (“Indemnitees”) from and against any and all claims, suits, actions, judgments, demands, liabilities, losses, damages, expenses, including attorneys' fees and costs of litigation(collectively, “Loss(es)”), arising from personal or bodily injuries, death, property damage, or otherwise, in any way related to, connected with, or resulting from the obligations or performance of the Work on the Project by Contractor, Subcontractors, Suppliers, and their respective employees, agents, or other third parties

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B. In addition, Contractor shall defend, indemnify, and hold harmless the Indemnitees for any Losses related to the Work asserted by any Subcontractor, Supplier, or other third party against the Indemnitees arising out of any alleged act or omission of Contractor or any other Subcontractor, Supplier, or anyone directly or indirectly employed by Contractor, Subcontractor, or Supplier.

C. When state or federal funds are involved in the Project’s funding or financing, Contractor shall defend, indemnify, and hold harmless the state and/or federal government agency or agencies and their respective officials, officers, directors, employees and agents. Such parties shall also be included as “Indemnitees” for purposes of the indemnification clause in 7.18A.

D. This provision shall not be deemed to require the Contractor to indemnify or hold harmless an Indemnitee for any Loss: 1) proximately caused by the sole or active negligence or willful misconduct of the Indemnitee, as determined by a court or other adjudicatory body of competent jurisdiction; 2) in the event that the City is required to indemnify and hold harmless the Contractor for Hazardous Materials pursuant to Paragraph 5.06(I) of these General Conditions.

E. Contractor acknowledges and agrees that Contractor’s obligation to defend the City and the other Indemnitees arises at the time such Loss is tendered to Contractor by the Indemnitee and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction.

F. This provision shall survive the termination of the Agreement or the completion of the Work.

7.19 Delegation of Professional Design Services
A. City may only require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the City-delegated design.

B. Contractor shall cause such City-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations.

C. If a Shop Drawing or other Submittal related to the City-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer.

D. City, Construction Manager, and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under a Citydelegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents.

E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other

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Test Site Preparation and Monitoring Well 00 72 13- 48 General Conditions Submittals furnished by Contractor pursuant to a City-delegated design will be only for the following limited purposes:

1. Checking for conformance with the requirements of this Paragraph 7.19;

2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and

3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents.

F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by City or Engineer.

G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations.

ARTICLE 8— OTHER WORK AT THE SITE

8.01 Other Work
A. In addition to and apart from the Work under the Contract Documents, the City may perform other work at or adjacent to the Site. Such other work may be performed by City’s employees, or through contracts between the City and third parties. City may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If City performs other work at or adjacent to the Site with City’s employees, or through contracts for such other work, then City shall give Contractor written notice thereof prior to starting any such other work. If City has advance information regarding the start of any third-party utility work that City has arranged to take place at or adjacent to the Site, City shall provide such information to Contractor.

C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and City, if City is performing other work with City’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work.

D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Construction Manager and the others whose work will be affected.

E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Construction Manager in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with City, or that is performed without having been arranged by Owner. If such work occurs, then any related delay,

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8.02 Coordination
A. Coordination Among City’s Separate Contractors

1. Should construction by City’s forces, City’s other contractors, or third parties within or adjacent to the Site be underway concurrent with the Work, Contractor shall cooperate with all such other contractors and others to the end that unnecessary delay or hindrance to their work will be avoided.

2. When two or more contractors are working in adjacent areas or in proximity to each other, each shall conduct its operations in such a manner to avoid any unnecessary delay or hindrance to the other.

3. Each contractor is responsible to the other for all damage to work, to person or property caused to the other by its operations, and for loss caused the other due to its unnecessary delays or failure to finish the work within the time specified for completion in its associated contract with its employer.

B. Where the Work involves removing, relocating, or establishing new utility service, and such Work is shown or indicated in the Contract Documents, Contractor is responsible for coordinating the associated utility owners.

8.03 Legal Relationships
A. If, in the course of performing other work for City at or adjacent to the Site, the City’s employees, any other contractor working for City, or any utility owner that City has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times.

Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and

4.05.E.

B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of City, any other contractor, or any utility owner performing other work at or adjacent to the Site.

1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then City may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B of this article.

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2. When City is performing other work at or adjacent to the Site with City’s employees, Contractor shall be liable to City for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by City as a result of Contractor’s failure to take reasonable and customary measures with respect to City’s other work. In response to such damage, delay, disruption, or interference, City may impose a set-off against payments due Contractor.

C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, City, Construction Manager, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless City, Construction Manager, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.

ARTICLE 9— CITY’S RESPONSIBILITIES

9.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, City and Program Manager shall issue all communications to Contractor through Construction Manager.

9.02 Replacement of City’s Consultants
A. City may at its discretion appoint an engineer or other consultant to replace Program Manager, Construction Manager, or Engineer, provided Contractor makes no reasonable objection to the replacement engineer or consultant. The replacement engineer’s or consultant’s status under the Contract Documents will be that of the former Program Manager, Construction Manager, or Engineer, as applicable. Furnish Data

9.03 Furnish Data
A. City shall promptly furnish data required of City in accordance with the Contract Documents.

9.04 Pay When Due
A. City shall make payments to Contractor when they are due as provided in the Agreement and within the times indicated in Paragraphs 15.01 and 15.06 of the General Conditions.

9.05 Lands and Easements; Reports, Tests, and Drawings
A. City’s duties with respect to providing lands and easements are set forth in Paragraph

5.01 of these General Conditions.

B. City’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03 of these General Conditions.

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9.06 Insurance
A. City’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in the Supplementary Conditions.

9.07 Change Orders
A. City’s responsibilities with respect to Change Orders are set forth in Article 11 of these General Conditions.

9.08 Inspections, Tests, and Approvals
A. City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B of these General Conditions.

9.09 Limitations on City’s Responsibilities
A. City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

9.10 Undisclosed Hazardous Environmental Condition
A. City’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06 of these General Conditions.

9.11 Evidence of Financial Arrangements
A. Upon request of Contractor, City will furnish Contractor reasonable evidence that financial arrangements have been made to satisfy City’s obligations under the Contract (including obligations under proposed changes in the Work).

9.12 Safety Programs
A. While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed.

B. City shall furnish copies of any applicable City’s safety programs to Contractor.

ARTICLE 10— CITY’S CONSULTANTS DURING CONSTRUCTION

10.01 City’s Representatives
A. Program Manager, Construction Manager, and/or Engineer, as may be designated in the Agreement, will be City’s representative during the construction period. The duties and responsibilities and the limitations of authority of Program Manager, Construction Manager, and Engineer as City’s representative during construction are set forth in this Article.

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10.02 Program Manager
A. Program Manager’s Role

1. Program Manager’s role is to assist City in fulfilling City’s responsibilities under the Contract.

2. Program Manager will visit the Site (in accordance with Paragraph 10.02.B of these General Conditions), attend meetings with or on behalf of City, and assist City in coordinating the services rendered by Construction Manager and Engineer.

3. Program Manager does not serve in any capacity as a design professional for the Project.

4. Although Program Manager is City’s representative, Program Manager is not authorized to authorize changes in the Contract Documents on behalf of City, nor may Program Manager assume any responsibilities of City relative to authorizing changes in Contract Price, Contract Times, or authorizing use of Allowances (if any) in the Contract.

5. In fulfilling its responsibilities for the Project, Program Manager is not obligated to act without partiality.

6. Program Manager will not share, whether in whole or in part, any responsibilities of Construction Manager or Engineer.

B. Visits to Site

1. Program Manager will make visits to the Site at intervals appropriate to the various stages of construction as Program Manager or City deem necessary to observe, as an experienced and qualified professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Program Manager, for the benefit of City, will, consider information furnished by Contractor, Construction Manager, and Engineer, keep City informed as to the progress and apparent quality of the Work.

Program Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work.

2. Program Manager’s visits and observations are subject to all the limitations on City’s consultants’ authority and responsibility set forth in Paragraph 10.05 of these General Conditions., particularly Paragraph 10.05.A.

10.03 Construction Manager
A. Visits to Site

1. Construction Manager will make visits to the Site at intervals appropriate to the various stages of construction as Construction Manager deems necessary in order to observe, as an experienced and qualified construction management professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Construction Manager, for the benefit of City, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Construction Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Construction Manager’s efforts will be directed toward providing for City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits

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2. Construction Manager’s visits and observations are subject to all the limitations on City’s consultants’ authority and responsibility set forth in Paragraph 10.05 of these General Conditions., particularly Paragraph 10.05.A.

B. Construction Manager Activities

1. Construction Manager will:
a. Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof.
b. Comply with Site safety programs, as they apply to the Construction Manager, and if required to do so by such safety programs, receive safety training specifically related to Construction Manager’s own personal safety while at the Site.
c. Act as a Liaison
1) Serve as City’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. 2) Serve as City’s liaison with Contractor when Contractor’s operations affect City’s onsite operations.
3) Assist in obtaining from City additional details or information, when required for Contractor’s proper execution of the Work.
d. Review Work; Identify Defective Work
1) Conduct onsite observations of the Work , to the extent set forth in Paragraph

10.03.A, to determine if the Work is proceeding in accordance with the Contract Documents.
2) Observe whether any Work in place appears to be defective. 3) Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval.
e. Conduct Inspections and Tests
1) Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work.
2) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work.
f. Review Applications for Payment with Contractor
g. Assist with Project Completion
1) Participate in Construction Manager’s and Engineer’s visits regarding Substantial Completion.

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3) Participate in Construction Manager’s and Engineer’s visit to the Site in the company of City, and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor.
4) Observe whether items on the final punch list have been completed or corrected.

2. Construction Manager will not:
a. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).
b. Exceed limitations of Construction Manager’s authority as set forth in the Contract Documents.
c. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. d. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. e. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.
f. Participate in specialized field or laboratory tests or inspections conducted offsite by others except as specifically authorized by City. g. Authorize City to occupy the Project in whole or in part.

C. Construction Manager’s Authority

1. Construction Manager will serve as City’s principal communications conduit with Contractor, except as otherwise provided by the Contract Documents.

2. Construction Manager has the authority to reject Work in accordance with Article 14 of these General Conditions.

3. Construction Manager’s authority as to Submittals is set forth in Paragraph 7.16 of these General Conditions.

4. Construction Manager’s authority as to changes in the Work is set forth in Article 11 of these General Conditions.

5. Construction Manager’s authority as to Applications for Payment is set forth in Article 15 of these General Conditions.

6. It will be the Construction Manager’s duty to inspect materials and workmanship from the drawings, specifications, and other contract provision which may come to the Construction Manager’s notice. Such inspection is for the sole benefit of the City and shall not act as a waiver of defects in the work. The Construction Manager shall decide all questions which may arise as to the quality or acceptability of material furnished and work performed as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the drawings and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to compensation. The Construction Manager’s decision shall be final and the Construction Manager shall have authority to enforce

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D. Determinations for Unit Price Work

1. Construction Manager will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03 of these General Conditions.

E. Decisions on Requirements of Contract Documents and Acceptability of Work

1. Construction Manager will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Construction Manager will not show partiality to City or Contractor, and will not be liable to City, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.04 Engineer
A. Visits to Site

1. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of City, will determine, in general, if the Work is proceeding in accordance with the Contract Documents.

Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep City informed of the progress of the Work and will endeavor to guard City against defective Work.

2. Engineer’s visits and observations are subject to all the limitations on City’s consultants’ authority and responsibility set forth in Paragraph 10.05 of these General Conditions., particularly Paragraph 10.05.A.

B. Engineer’s Authority

1. Engineer has the authority to reject Work in accordance with Article 14 of these General Conditions.

2. Engineer’s authority as to Submittals is set forth in Paragraph 7.16 of these General Conditions.

3. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to City’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19 of these General Conditions.

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4. Engineer’s authority as to changes in the Work is set forth in Article 11 of these General Conditions.

C. Decisions on Requirements of Contract Documents and Acceptability of Work

1. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to City or Contractor, and will not be liable to City, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.05 Limitations on City’s Consultants’ Authority
A. Particularly, but without limitation, during or as a result of Program Manager’s, Construction Manager’s and/or Engineer’s visits or observations of Contractor’s Work, Program Manager, Construction Manager, and Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations or Contract Documents applicable to the performance of the Work.

B. Neither Program Manager’s, Construction Manager’s, nor Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Program Manager, Construction Manager, or Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Program Manager, Construction Manager, and Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Program Manager, Construction Manager, or Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

C. Program Manager, Construction Manager, and Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Program Manager, Construction Manager, and Engineer, whether individually or collectively, will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

D. Program Manager, Construction Manager, and Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

E. Construction Manager’s (and Engineer’s, if applicable) review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06 of these General Conditions, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

F. The limitations upon authority and responsibility set forth in this Paragraph 10.05 also apply to the Construction Manager.

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10.06 Compliance with Safety Program
A. While at the Site, City’s Consultants will comply with the specific applicable requirements of City’s and Contractor’s safety programs of which City’s Consultants have been informed.

ARTICLE 11— CHANGES TO THE CONTRACT

11.01 Amending and Supplementing the Contract
A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order.

Change Order will not be issued for a Work Change Directive unless City concurs with Contractor that such Work Change Directive has an associated change in the Contract Price or Contract Times.

C. Changes will be set forth in written Contract modifications duly issued. Each will indicate the changes to be made in the Work, the reasons therefor, and (for Change Orders) the changes in Contract Price and Contract Times.

D. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. City and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer.

11.02 Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in Contract Price resulting from a City set-off, unless Contractor has duly contested such set-off;

3. Changes in the Work which are: (a) ordered by City pursuant to Paragraph 11.05, (b) required because of City’s acceptance of defective Work under Paragraph 14.04 or City’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and

4. Changes that embody the substance of any final and binding results under: Paragraph

11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from Allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions.

B. If Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed.

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1. The Contractor shall promptly proceed with the Change Order involved and concurrently respond to the City within ten (10) calendar days with any one of the following:
a. Return Change Order signed, thereby accepting City's response, time, and cost. b. Submit a (revised if applicable) Cost Proposal with supporting documentation (if applicable, reference original Cost Proposal number followed by letter A, B, etc. for each revision).
c. Give notice of intent to submit a Claim.

C. To the total of the actual costs and fees allowed herein for both Added and Deleted work, not more than two and one half percent (2.5%) shall be added for additional bond and builder’s risk insurance. The compensable percentage for additional bonds and insurance shall be based on the Contractor's actual costs, as substantiated through documentation submitted to the Construction Manager.

11.03 Work Change Directives
A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price.

B. If City has issued a Work Change Directive and:

1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive.

2. City believes that an adjustment in Contract Times or Contract Price is necessary, then City shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive.

11.04 Field Orders
A. Construction Manager may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on City and also on Contractor, which shall perform the Work involved promptly.

If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.05 City-Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety or insurance carrier, City may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or

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B. Such changes in the Work may be accomplished by a Change Order, if City and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work.

Added or revised Work must be performed under the applicable conditions of the Contract Documents.

C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.06 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2.

11.07 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09.

Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03);

2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or

3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph

11.07.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be determined as follows:

1. A mutually acceptable fixed fee; or

2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:
a. For costs incurred under Paragraphs 13.01.B.1 (labor) and 13.01.B.2 (materials), the Contractor’s fee will be 15 percent;

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c. Where one or more tiers of Subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by City will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4,

13.01.B.5, and 13.01.C;
e. The amount of credit to be allowed by Contractor to City for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to five percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive.

11.08 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph

11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12.

B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05.

11.09 Change Proposals
A. Purpose and Content: Contractor shall submit a Change Proposal to Construction Manager, unless further defined in the Supplementary Conditions, to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues.

B. Change Proposal Procedures

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1. Submittal: Contractor shall submit each Change Proposal to Construction Manager within 30 days after the start of the event giving rise thereto, or after such initial decision.

2. Supporting Data: Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Construction Manager and City within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. Include with Change Proposal sufficient documentation supporting the time extension(s) sought.
b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials and equipment incorporated into the Work and labor and construction equipment used for the subject Work, together with detailed indication of other proposed costs and indication of Contractor’s proposed fee for overhead and profit on such costs. Include detailed cost breakdown for Work to be performed by Subcontractors. Include documentation substantiating the cost of proposed materials and equipment to be incorporated into the Work.

The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event.

3. Construction Manager’s Initial Review: Construction Manager will advise City regarding the Change Proposal, and consider any comments or response from City and Engineer regarding the Change Proposal. If in its discretion Construction Manager concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Construction Manager may request that Contractor submit such additional supporting data by a date specified by Construction Manager, prior to Construction Manager beginning its full review of the Change Proposal.

4. Construction Manager Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Construction Manager), Construction Manager will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to City, Engineer, and Contractor. If Construction Manager does not take action on the Change Proposal within 30 days, then either City or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Construction Manager’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

5. Binding Decision: Construction Manager’s decision is final and binding upon City and Contractor, unless City or Contractor appeals the decision by filing a Claim under Article 12.

C. Resolution of Certain Change Proposals:

1. If the Change Proposal involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or

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Test Site Preparation and Monitoring Well 00 72 13- 62 General Conditions technical matters, then Construction Manager will promptly furnish to Engineer copy of Change Proposal and all supporting documentation associated therewith and confer with Engineer on the Change Proposal. Construction Manager will consider Engineer’s recommendations in rendering Construction Manager’s decision on the Change Proposal.

2. If the Change Proposal involves matters related to insurance, bonds, legal matters, or other matters ordinarily outside the limits of Construction Manager’s experience and expertise, Construction Manager will so notify City, Engineer, and Contractor that Construction Manager is unable to reach a decision on the matters addressed in the Change Proposal. Such notice will be deemed to be a denial and Contractor’s recourse will be in accordance with Article 12.

D. Post-Completion: Contractor shall not submit any Change Proposals after Construction Manager issues a written recommendation of final payment pursuant to Paragraph

15.06.B.

11.10 Notification to Surety and Insurance Carrier
A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

B. Contractor shall also adjust the limits of coverage for builder’s risk insurance (or other property insurance furnished under the Contract) to provide builder’s risk coverage as required by Paragraph 6.04 (as amended by the Supplementary Conditions.

ARTICLE 12— INITIAL CLAIMS FOR CONTRACT DISPUTES

12.01 Claims Under the Public Contract Code
A. For purposes of this Article, “Claim” or “initial claim” means a separate demand by the Contractor for one of more of the following: (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City.

B. No Claims for extra work, materials, labor, equipment, or costs shall be considered or permitted if the Contractor fails to timely notify the City of the Claim and thereafter diligently pursue and exhaust all the administrative remedies and processes set forth in the Contract Documents. Contractor must exhaust all such processes in order to preserve and pursue any Claim, and failure to do so shall be deemed a waiver of the Claim.

12.02 Prerequisite to Legal Action

1. Prior to filing a dispute for final resolution under Article 17 of the General Conditions, Contractor must exhaust its administrative remedies by submitting through the Construction Manager an initial claim for review and decision by the Director as set forth in this Article 12, which is in accordance with California Public Contract Code Sections 9204 et seq., and 20104.2.

2. Director’s written decision will be the City's final decision on the initial claim, distinct from the City Council’s action on a claim filed under the Government Code.

Should Contractor seek to file legal action challenging the Director’s decision on the

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Test Site Preparation and Monitoring Well 00 72 13- 63 General Conditions initial claim, Article 17 of the General Conditions will apply after compliance with the dispute resolution process set forth in this Article 12.

12.03 Claim Submittal
The following procedures apply to Claims between the Contractor and the City under this Article:

A. The Claim shall be in writing, sent by priority mail and registered mail, and include the documents necessary to substantiate the Claim. Claims must be filed within 30 calendar days of a written rejection of Contractor’s request for a Contract adjustment, or on or before the date of final payment, whichever is earlier. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of Claims.

B. The claimant shall submit in writing the basis for the Claim, reference the applicable provisions of the Contract Documents, the method of computation of the amount claimed and determination of the change in Contract Times (if any), basis for other relief sought (if any), and all other factual data pertaining thereto. It shall be the responsibility of the party filing the Claim to substantiate and support the Claim, including submittal of proper supporting documentation. Failure to submit such information and details within the time allowed in this paragraph for submitting the Claim’s supporting information will be sufficient cause for denying the Claim. Contractor hereby expressly waives all Claims not filed within these time limits.

C. Claims shall include the following certification, properly completed and executed by Contractor or an officer of Contractor:

I, __________________, BEING THE _________________ (MUST BE AN OFFICER) OF _____________________ (CONTRACTOR), DECLARE UNDER PENALTY OF

PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFYAND ATTEST THAT: I HAVE THOROUGHLY

REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION

AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED

ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND,FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ, PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND

UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM

MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.

1. California Penal Code Section 72, provides that any person who presents for payment with intent to defraud any district board or officer, any false or fraudulent Claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000.00) and/or imprisonment in the state prison.

2. The California False Claims Act (Government Code Sections 12650, et seq.) provides for recovery of civil penalties from persons (including corporations, etc.) who present a false Claim for payment or approval or presents a false record or statement to get a false Claim paid or approved to any officer or employee of any political subdivision of the State of California, and for certain other enumerated acts. Any person or corporation violating the provisions of Government Code Sections 12650, et seq.,

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Test Site Preparation and Monitoring Well 00 72 13- 64 General Conditions shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs.

3. Any Claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant provided by Contractor with the Claim. Contractor agrees that any costs or expenses incurred by the City in reviewing or auditing any Claims that are not supported by the Contractor’s cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act.

12.04 City’s Response
A. Upon receipt of a claim pursuant to this Article, the City shall conduct a reasonable review of the claim and provide a written response to the Contractor within 45 days of the date of the claim, identifying the portion of the claim that is disputed and the portion that is undisputed. Upon receipt of a claim, the City and the Contractor may, by mutual agreement, extend the time period provided in this section.

B. All amounts that the City identifies in its response as undisputed must be processed and paid within 60 days of the City’s response. Pursuant to Section 9204(d)(4), if the City fails to pay within 60 days, undisputed amounts not paid will bear interest at 7 percent per annum.

C. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 day or extension period to respond, the City shall have up to (3) three days following the next duly publicly noticed meeting of the City Council after the 45-day or extension period expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion, per section 9204(d)(1)(C).

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

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

B. The Contractor shall cooperate and attend prepared to discuss its Claim, making available any personnel necessary for dispute resolution, and documents which may reasonably be requested by the City.

12.06 Mediation
A. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written

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Test Site Preparation and Monitoring Well 00 72 13- 65 General Conditions statement. If the City fails to pay within 60 days, undisputed amounts not paid will bear interest at 7 percent per annum.

B. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation unless waived by both parties, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days or at a later time based on mutual agreement, after the disputed 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.

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 negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is complete.

D. If mediation is unsuccessful, the parts of the Claim remaining in dispute will be subject to final resolution of disputes as set forth in Article 17 of these General Conditions.

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

F. If mediation under this section does not resolve the parties’ dispute, this section does not preclude an arbitration of disputes under a private arbitration or the Public Works Contract Arbitration Program based on mutual agreement of the parties, in accordance with Article 17 of the General Conditions.

G. Contractor shall not halt the Work for any reason on account of any disagreement, claim, or other dispute resolution process. Nothing in this Article excuses Contractor from performing its duties required by the Contract Documents.

12.07 Claims for $375,000 or Less
A. Claims for $375,000 or less shall be resolved in accordance with California Public Contract Code Section 20104 et seq. by filing a court action after compliance with the Government Code claim process, wherein the court will order mediation of the dispute, unless the parties mutually agree to submit the dispute to binding arbitration under Article 17.

ARTICLE 13— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work or “Force Account Work”
A. Purposes for Determination of Cost of the Work: When Work is ordered to be performed for compensation on the basis of ‘Cost of the Work”, also known as “force account”, compensation shall be in accordance with this Paragraph 13.01. City reserves the right to furnish any material deemed expedient and Contractor shall have no claim for profit on the cost of such materials. This Paragraph 13.01 sets forth requirements for documenting for payment Work performed and compensated on the basis of Cost of the Work plus a fee. The term Cost of the Work means the sum of all costs necessary for the proper

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Test Site Preparation and Monitoring Well 00 72 13- 66 General Conditions performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or

2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by City, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph

13.01.C, and will include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to City. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to City, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, which will then determine, with the advice of Construction Manager and, where applicable, Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work.

5. Other costs consisting of the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

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Test Site Preparation and Monitoring Well 00 72 13- 67 General Conditions b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less.

Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item.
c. Construction Equipment Rental
1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by City as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work.
a) Prior to commencing Work at the Site, submit to City, through Construction Manager, copies of the equipment rental agreements for City’s approval.
b) Should Contractor perform Work using rented construction equipment or machinery without City’s written approval of the associated rental agreement and the parties subsequently disagree on the applicable rental rates, use of such construction equipment and machinery will be compensated on the basis of the rental rate book indicated in Paragraph SC-13.01.B.5.c.(2).
c) When the rental rate book is used basis for determining compensation for construction equipment and machinery leased from a rental firm, the hourly rate for such equipment shall be determined in accordance with Paragraph 13.01.B.5.(2) of these General Conditions.
2) Costs for equipment and machinery owned by Contractor or a Contractorrelated entity will be paid at a rate shown for such equipment in the mostcurrent edition of California Department of Transportation (CalTrans) “Labor Surcharge and Equipment Rental Rates Manual (Cost of Equipment Ownership)”. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work.

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Test Site Preparation and Monitoring Well 00 72 13- 68 General Conditions 4) Inactive Equipment and Machinery: Rental of construction equipment and machinery shall cease when the use thereof is no longer necessary for the Work. Periods of inactivity for such construction equipment or machinery will not be compensable unless agreed upon in writing by Owner, unless the costs of disassembly, removal, transportation, reassembly, and remobilization, as submitted to and accepted by City (with advice of Construction Manager) would exceed the cost of continuing to rent the item(s) during the period(s) of inactivity. Contractor is responsible for obtaining City’s written approval for compensation for construction equipment and machinery for periods of inactivity. City is not responsible for retroactively approving such inactivity. “Period of inactivity” for such items includes periods when the construction equipment or machinery is not used or necessary for the logical and efficient progression of the Work, or when other, available equipment or machinery is suitable for performing the given task.
5) Condition of Equipment and Machinery: Construction equipment and machinery will be compensable only for serviceable construction equipment and machinery capable of efficiently performing its intended function at the Site. Construction equipment and machinery not in compliance with this Paragraph 13.01.B.5.c.5) is not eligible for compensation. 6) Capped Compensation: Compensation paid Contractor for a given item of Contractor-owned construction equipment or machinery will be capped at, and shall not exceed, the comparable purchase price of such item of equal or comparable capacity and capability.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder’s risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work does not include any of the following items:

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1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. The cost of purchasing, renting, or furnishing small tools and hand tools.

3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. For purposes of this paragraph, “small tools and hand tools” means items in one or more of the following categories: (1) Items that are ordinarily required for the performing worker’s job function, including but not limited to equipment which ordinarily has no associated licensing, insurance, or substantive storage costs; such as hammers, wrenches, socket tools, manual saws, power saws, chainsaws, common power tools, impact drills, threaders, benders, transits and theodolites and related equipment, and other tools transportable by hand, regardless of ownership of such items; (2) Items such as gang-boxes, ladders, hand carts and similar wheeled items manually operated by workers, extension cords, and similar items; (3) common testing equipment such as insulation testers (megger-testing equipment), amp meters, gas detectors, pressure gauges, and similar items; (4) A purchase price (if purchased new, at retail) of $500, although such limit is not absolute, and certain items may be deemed by City or Construction Manager as “small tools or hand tools” (and not eligible for compensation) even though such item may have a purchase price greater than the amount indicated in this Paragraph 13.01.C.2

3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.

5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

6. Expenses incurred in preparing and advancing Claims.

7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee

1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then:
a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. For any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows:

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Test Site Preparation and Monitoring Well 00 72 13- 70 General Conditions 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2.

2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph

11.07.C.2.

E. Documentation and Audit:

1. Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices.

2. Contractor shall furnish Construction Manager with daily report sheets indicating and documenting the Cost of the Work, whether furnished by the Contractor, Subcontractor, Suppliers, or others and said report sheets shall be signed by Contractor. Daily report sheets shall provide names or identifications and classifications of workers, and hours worked; size, type and identification number of construction equipment and machinery, and hours operated. Cost of material and equipment incorporated into the Work shall be substantiated by valid copies of Supplier’s invoices.

3. Construction Manager will make any necessary adjustments and compile the costs of Cost of the Work on daily report forms furnished by City. When these reports are agreed upon and signed by Contractor and Construction Manager, they shall become the basis of payment for the associated work performed, subject to issuance of a corresponding Change Order.

4. City and Construction Manager may subsequently revise the daily reports based on subsequent audit(s).

5. Within 30 days of the Effective Date of the Contract, and as later requested by the Construction Manager, Contractor shall submit to Construction Manager:
a. Certificate, signed and notarized by an authorized officer Rental of Contractor’s organization, indicating labor compensation rates
b. Rental agreements for proposed construction equipment and machinery, and listing of construction equipment and machinery owned by Contractor or Subcontractor performing Work. Such lists and rental agreements shall indicate the item’s general (generic) description, manufacturer, model number, year of manufacture, and brief summary of intended use in the Work.

6. Subject to prior written notice, City will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of time set forth in Article 19 of these General Conditions.

Pertinent Subcontractors will afford such access to City, and preserve such documents, to the same extent required of Contractor.

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13.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City and Engineer.

B. Allowances: Contractor agrees that:

1. the allowance(s), if any, include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid.

C. City’s Contingency Allowance: Contractor agrees that the City’s contingency allowance is for the sole use of City to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Construction Manager to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted.

13.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Agreement (or exhibit thereto, as applicable).

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.

Payments to Contractor for Unit Price Work will be based on actual quantities.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Construction Manager will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Construction Manager will review with Contractor the Construction Manager’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Construction Manager’s written decision thereon will be final and binding (except as modified by Construction Manager to reflect changed factual conditions or more-accurate data) upon City and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of associated Supplementary Conditions, if any.

E. Adjustments in Unit Price

1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if:
a. the quantity of the item of the Unit Price work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement and

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Test Site Preparation and Monitoring Well 00 72 13- 72 General Conditions b. Contractor’s unit costs to perform the item of the Unit Price Work have changed materially and significantly as a result of the quantity change.

2. The Adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor.

3. Adjusted unit prices will apply to all units of that item.

ARTICLE 14— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR

ACCEPTANCE OF DEFECTIVE WORK

14.01 Quality Control
A. Contractor shall designate a Quality Control Manager. The Quality Control Manager shall be a full-time employee of the Contractor and skilled at the type of construction engaged in on this project. The Quality Control Manager shall have the authority to direct Subcontractors and Contractor staff. The Quality Control Manager shall certify on behalf of the contractor that all work is complete, and meets all contract requirements and shall coordinate any quality related inspection and testing that may be performed prior to requesting inspection by the City or its agents.

B. Contractor shall provide inspection and testing of installed materials and systems by a third party not directly under the supervision of the Contractor. The results of inspections and testing shall be documented and transmitted to the Construction Manager prior to covering or finalizing the inspected or tested works.

14.02 Access to Work
A. City, Program Manager, Construction Manager, Engineer, their consultants and other representatives and personnel of City, independent testing laboratories, and authorities having jurisdiction shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs.

B. When state or federal funds are involved in the Project’s funding or financing, the state or federal government shall have the same rights of access and examination as the City under this provision.

14.03 Tests, Inspections, and Approvals
A. Tests of Materials and Equipment

1. Unless otherwise specified elsewhere in the Contract Documents, all tests of materials and Work, for determining compliance with the Contract Documents, shall be performed in accordance with the methods in use by the laboratory of the State Department of Transportation or by nationally recognized testing organizations, at a laboratory approved by City.

2. Refer to Paragraph 3.02 of these General Conditions for requirements on the applicability of reference standards, including test methods indicated in the Contract Documents.

3. Samples of all materials entering into the Work shall be submitted by Contractor, when requested by City or Construction Manager.

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4. Materials may be tested at any time during progress of the work.

5. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required by the Contract Documents, unless otherwise specified.

B. Inspection of Materials and Equipment at Place of Manufacture or Supply

1. Materials and equipment that become part of the Work are subject to inspection at the place of production or manufacture, at the shipping point, or at the Site. Materials and equipment requiring inspection at the place of production or manufacture will be designated by City through the Construction Manager. Where production facility inspection is so designated, City or its consultant(s) shall be given 14 days advance notice of the start of manufacture or production. Contractor’s purchase orders for materials and equipment for which production facility inspection has been designated by the City or its consultant(s) shall bear a suitable notation advising Suppliers and Subcontractors of inspection requirements.

2. City or an authorized representative such as Engineer, Construction Manager, or Program Manager, shall have free entry at all times (during normal working hours) to such parts of the production facility as concerns the manufacture or production of materials and equipment for the Work. Adequate facilities shall be furnished free of charge to make the necessary inspection.

3. City assumes no obligation to inspect material or equipment at the place of manufacture or production, or at the shipping point.

14.04 Defective Work
A. Work which has been rejected for any defect shall be corrected, removed, and replaced by Contractor within a time period to satisfy the Work schedule, and/or within such period to the extent required by any specific warranty included in the Contract Documents, so that such Work complies with the standards and specifications of the Contract Documents, at no additional cost to City. Defective Work is not eligible for payment.

B. Proposed remedies to correct defective Work are subject to approval by Engineer and/or City. Such approval or acceptance will not, however, impart on City, Project Manager, Construction Manager, or Engineer any responsibility for Contractor’s means, methods, techniques, sequences, or procedures of construction, whether relative to the remedy or otherwise, or to safety programs and procedures incident thereto.

14.05 Acceptance of Defective Work
A. If a portion of the Work is defective, and if the defect is not be of sufficient magnitude or importance to make the Work unfit for its intended use, dangerous, or undesirable, City may elect to accept the defective Work, subject to an appropriate reduction in the Contract Price via Change Order or a reasonable set-off against payments due if the defective Work is accepted prior to the Final Payment. If the defective Work is accepted after the Final Payment, Contractor shall pay an appropriate amount in damages to the City taking into account any diminished value of the Work.

14.06 Uncovering Work
A. Construction Manager and Engineer (the latter communicating through Construction Manager) have the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

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Test Site Preparation and Monitoring Well 00 72 13- 74 General Conditions B. If any Work is covered contrary to the written request of Construction Manager or Engineer, then Contractor shall, if requested by Construction Manager or Engineer (communicating through Construction Manager), uncover such Work for Construction manager’s or Engineer’s observation, and then replace the covering, all at Contractor’s expense.

C. If Construction Manager or Engineer (communicating through Construction Manager) considers it necessary or advisable that covered Work be observed by Construction Manager or Engineer or inspected or tested by others, then Contractor, at Construction Manager’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Construction Manager or Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the City shall be entitled to impose a reasonable set-off against payments due under Article 15 of these General Conditions.

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.07 City May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work will not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them..

B. Contractor shall immediately comply with the written order of City to stop the Work wholly or in part.

C. Work stopped wholly or in part shall be resumed promptly on written order of City when conditions are favorable and methods corrected.

14.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Construction Manager to correct defective Work, or to remove and replace defective Work as required by Construction Manager or Engineer, then City may, after seven days’ written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials

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C. All claims, costs, losses, and damages incurred or sustained by City in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as setoffs against payments due under Article 15 of these General Conditions. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by City of City’s rights and remedies under this Paragraph 14.07.

ARTICLE 15— PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION;

CORRECTION PERIOD

15.01 Progress Payments
A. Work to be Performed Without Direct Payment

1. Where the Contract Documents require that Contractor perform Work for which no separate price is established in the Contract, such Work shall be performed by Contractor under an appropriate bid/pay item in the Contract, without separate or additional compensation or any change in the Contract Times

2. Work compensated on a lump sum basis shall result in associated Work completed in accordance with the Contract Documents for a complete, operable system. No additional compensation will be paid for materials, equipment, or other Work not expressly required by the Contract Documents but fairly implied or obviously necessary for the completed Work as a functioning system.

B. Applications for Progress Payments

1. At monthly intervals (dates established by City), Contractor will prepare and submit Application for Payment indicating the Work completed, in accordance with the Contract Documents, since the prior Application for Payment. City will pay amounts due, subject to amounts City is contractually entitled to withhold or retain, in accordance with the Contract Documents.

2. Payment for Stored Materials and Equipment
a. Application for Payment may include fabricated and manufactured materials and equipment delivered to the Site or other location acceptable to City, and not yet installed, when such storage is at a location acceptable to City, Construction Manager, and Engineer. Payments for stored materials and equipment shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit to Contractor. The Contractor may request payment of up to eighty percent (80%) of the actual net cost of this material and equipment. Materials, as used herein, shall be considered to be those items which are fabricated and manufactured material and equipment. Only those materials for which the Contractor can transfer clear title to the City will be

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Test Site Preparation and Monitoring Well 00 72 13- 76 General Conditions qualified for partial payment. The Contractor may request payment of up to seventy-five (75) percent of the actual net cost of these materials. The items shall be suitably stored in accordance with the Contract Documents and the written recommendations for long-term storage by the manufacturer of such item. b. Perform the following to be eligible for payment for stored items: (1) store the items in accordance with the Contract Documents and manufacturer’s written instructions; (2) ensure that packaging is intact and suitable; (3) Construction Manager shall visit the storage location and observe the conditions of storage, quality of packaging of the items, and apparent quantity and quality of the items; (4) post durable, permanent signage on the stored items indicating they are the property of City; (5) submit to Construction Manager dated photographs of the stored items; and (6) submit to Construction Manager documentation required by the Contract Documents.
c. When applying for payment for materials or equipment not yet installed but suitably stored, Application for Payment shall also include or indicate the following: (1) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by Contractor for the materials and equipment; (2) at City’s or Construction Manager’s request, documentation warranting that City has received the materials and equipment free and clear of all Liens; (3) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect City’s interest therein; and (4) other documentation required by the Contract Documents, all of which must be satisfactory to City. d. Payment will not be made for any materials or equipment unless each individual piece of the material or equipment becomes a permanent part of the Work or the material or equipment is required by the Contract Documents and is specifically manufactured for the Project and could not be readily utilized or diverted to another job.

3. Each Application for Payment shall include a summary of progress to date as indicated on a Schedule of Values (as accepted by Construction Manager) indicating progress since the prior Application for Payment, report, percent complete, percent invoiced, and percent schedule elapsed, and other documentation as required by the Contract Documents.

4. Starting with the second Application for Payment, each Application for Payment shall include an affirmative, sworn certification by Contractor that all prior progress payments by City have been applied by Contractor to satisfy indebtedness and claims by Subcontractors, Suppliers, and others to whom Contractor is indebted for the Work. Contractor shall promptly discharge and cause to be released any Lien filed in connection with the Work at no cost to City.

5. The basis for partial payments of lump sum Work or Unit Price Work will be determined by agreement between City and Construction Manager and Contractor.

Payment will not be made for defective Work and any work not in accordance with the Contract Documents. City is not obligated to pay for Work that, in the opinion of Construction Manager or Engineer, has not progressed to the point indicated in the Application for Payment submitted by Contractor. Except in the case of the final Application for Payment, Contractor should not submit an Application for Payment when the value of Work eligible for payment since the prior Application for Payment is less than $5,000.

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6. Following City’s issuance of any progress payment, if subsequent investigation by City, Construction Manager, or Engineer, finds defective Work or that the value of Work eligible for payment was incorrectly estimated, or if the quantity of Unit Price Work paid was incorrect, or if the City is contractually entitled to a set-off, City or Construction Manager may reduce the amount eligible for payment of one or more subsequent Applications for Payment.

C. Procedure for Applying for Progress Payments:

1. Contractor shall prepare draft estimate of quantities and Work eligible for payment and review it at the Site with Construction Manager. City may attend and participate in such meetings or discussions. Contractor shall revise the quantities and Work eligible for payment in accordance with corrections and comments made by Construction Manager. Contractor shall prepare and submit to Construction Manager the formal Application for payment, accompanied by all supporting and other documentation required by the Contract Documents.

2. Within seven (7) days of receipt of the formal Application for Payment, Construction Manager shall take one of the following actions: (a) return the Application for Payment to Contractor for corrections, accompanied by detailed, written corrections and comments; or (b) forward the Application for Payment to City with recommendation for payment in accordance with Section 20104.50, California Public Contract Code.

D. Set-offs; Reasons for Reductions in Payment Due:

1. Construction Manager may refuse to recommend the whole or any part of any payment if, in Construction Manager’s opinion, it would be incorrect to make the representations to City stated in Paragraph 15.01 of these General Conditions.

2. Construction Manager will recommend reductions in payment (set-offs) necessary in Construction Manager’s opinion to protect City from loss because:
a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. City has been required to correct defective Work in accordance with Paragraph

14.07 of these General Conditions, or has accepted defective Work pursuant to Paragraph 14.04 of these General Conditions;
d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or
e. Construction Manager has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

3. Reductions in Payment by City: In addition to any reductions in payment (set-offs) recommended by Construction Manager, City is entitled to impose a set-off against payment based on any of the following:
a. Claims have been made against City based on Contractor’s conduct in the performance or furnishing of the Work, or City has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations;

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Test Site Preparation and Monitoring Well 00 72 13- 78 General Conditions b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;
c. Contractor has failed to provide and maintain required bonds or insurance; d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;
e. City has incurred extra charges or program management, construction management, or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;
f. The Work is defective, requiring correction or replacement; g. City has been required to correct defective Work in accordance with Paragraph

14.07 of these General Conditions, or has accepted defective Work pursuant to Paragraph 14.04 of these General Conditions;
h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause;
j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or Final Completion of the Work. (Liquidated damages are specified in the Supplementary Conditions); k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens;
l. Other items entitle City to a set-off against the amount recommended; or m. Any fees or fines assessed to the Contractor as a result of violation of Laws and Regulations.

4. If City imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Construction Manager, City will give Contractor immediate written notice (with a copy to Construction Manager) or at least five (5) days prior to the date payment is due, stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. City shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

5. Upon a subsequent determination that City’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.E of these General Conditions and subject to the legal interest as required by law.

E. Payment is Due: Thirty (30) days after receipt of an undisputed and properly submitted Application for Payment to City with Construction Manager’s recommendation, the amount recommended (subject to any City set-offs) will become due, and when due will be paid by City to Contractor.

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1. Contractor will pay its Subcontractors and/or Suppliers, within 7 days after Contractor receives payment from the City, in direct proportion to the Subcontractors’ and Suppliers’ basis in the total Contract between Contractor and Owner. Any money which is payable to a Subcontractor pursuant to this Section accrues interest at the legal rate. Pursuant to California Public Contract Code §7201, Contractor may withhold 5 percent from the amount of any partial payment under a subcontract which is made before 50 percent of the Work has been completed under the subcontract. Thereafter Contractor shall pay any additional funds if, in the opinion of Contractor, satisfactory progress is being made in the Work under the subcontract, and payment must be equal to that paid by Owner to Contractor for Work performed by the Subcontractor.

2. Contractor may retain the amount withheld under the subcontract until the subcontract is satisfactorily completed.

3. The amount withheld under the subcontract is due within 7 days after the acceptance of the subcontract work by Contractor.

4. Whenever Contractor receives a payment of interest earned on the amount withheld from the Contract, Contractor shall within 7 days pay to each Subcontractor that portion of the interest received which is attributable to the amount of money withheld from the Subcontractor.

G. Contractor or Subcontractor shall pay its Subcontractor not later than 7 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors.

The 7 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause. Any violation of Section 7108.5 shall subject the violating Contractor or Subcontractor to the penalties, sanction and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or its Subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a Subcontractor.

15.02 Contractor’s Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to City free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by City.

15.03 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify City, Construction Manager, and Engineer in writing that the entire Work is substantially complete and request that Construction Manager and Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to City, Construction Manager and Engineer an initial draft of punch list items to be completed or corrected before final payment.

1. The Work shall be Substantially Complete as defined in Article 1, and as follows: All equipment shall be installed and operational, or temporary arrangements satisfactory

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Test Site Preparation and Monitoring Well 00 72 13- 80 General Conditions to City shall have been made; and, Operational testing must be completed prior to the date of Substantial Completion.

B. Promptly after Contractor’s notification, City, Contractor, Construction Manager, and Engineer shall make an inspection of the Work to determine the status of completion.

1. If Construction Manager and Engineer do not consider the Work substantially complete, Construction Manager will notify Contractor in writing giving the reasons therefor.

2. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or retesting by Construction Manager and/or Engineer, the cost of such re-inspection or retesting, including the cost of time, travel, and related expenses, shall be paid by Contractor to the City. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then City may impose a reasonable set-off against payments due under Article 15.

C. If Construction Manager and Engineer jointly consider the Work substantially complete, Construction Manager will deliver to City a preliminary Certificate of Substantial Completion which will fix the date of Substantial Completion. Construction Manager shall attach to the certificate a punch list of items to be completed or corrected before final payment. City shall have seven (7) days after receipt of the preliminary certificate during which to make written objection to Construction Manager as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Construction Manager concludes that the Work is not substantially complete, Construction Manager will, within 14 days after submission of the preliminary certificate to City, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If City does not object to the provisions of the certificate, or if despite consideration of City’s objections, Construction Manager and Engineer concludes that the Work is substantially complete, then both Construction Manager and Engineer will, within said 14 days, sign and deliver to City and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Construction Manager and Engineer jointly believes justified after consideration of any objections from City.

D. At the time of receipt of the preliminary certificate of Substantial Completion, City, and Contractor will confer regarding City’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by City. Unless City and Contractor agree otherwise in writing, City shall bear responsibility for security, operation, protection, property insurance, maintenance, heat, and utilities of the portion of City’s use or occupancy of the Work.

E. After Substantial Completion, the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, in accordance with the progress payment procedures set forth in the Contract Documents.

F. City shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

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15.04 Partial Use or Occupancy
A. Prior to Substantial Completion of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, Construction Manager, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time, City may request in writing that Contractor permit City to use or occupy any such part of the Work that City believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, City, Construction Manager, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.F for that part of the Work.

2. At any time, Contractor may notify City and Construction Manager in writing that Contractor considers any such part of the Work substantially complete and request Construction Manager and Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, City, Construction Manager, Engineer, and Contractor shall make an inspection of that part of the Work to determine its status of completion. If Construction Manager and Engineer jointly do not consider that part of the Work to be substantially complete, Construction Manager will notify City and Contractor in writing (with copy to Engineer) giving the reasons therefor. If Construction Manager and Engineer jointly consider that part of the Work to be substantially complete, the provisions of Paragraph 15.03 of these General Conditions will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 of these General Conditions (as modified by the Supplementary Conditions) regarding builder’s risk or other property insurance. Except as specified otherwise, Contractor shall continue to maintain all insurance required in full force and effect.

15.05 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, City, Construction Manager, and Engineer will promptly make a final inspection with Contractor and Construction Manager will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. When Construction Manager and Engineer jointly consider the entire Work to be complete and in accordance with the Contract Documents, Construction Manager and Engineer will prepare and submit to City a written notice of acceptability of the Work, signed by both Construction Manager and Engineer. Such recommendation, upon agreement by Director or Director’s delegate, will be the written recommendation for acceptance of the Work by the City Council. Only acceptance by the City Council constitutes final completion of the Work under Civil Code Section 9200.

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15.06 Final Payment
A. After Contractor has, in the opinion of both Construction Manager and Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12 of these General Conditions), and other documents, Contractor may make application for final payment.

Prior to final payment, the parties shall sign a Change Order to reconcile file quantities of Unit Price Work eligible for payment in accordance with the Contract and final amounts of allowances (if any) used as authorized by City. Such Change Order shall be the final adjustment in the Contract Price prior to final payment.

B. Contractor shall prepare and submit the final Application for Payment accompanied by other closeout documentation required by the Contract Documents. Final Application for Payment shall comply with requirements for applications for progress payments (as set forth in Paragraph 15.01 of these General Conditions and elsewhere in the Contract Documents) and shall also be accompanied by the following (except as previously delivered by Contractor in accordance with the Contract):

1. all documentation called for in the Contract Documents;

2. consent of the surety, if any, to final payment, return, or release of retainage;

3. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to City free and clear of any Liens or other title defects, or will so pass upon final payment.

4. a list of all duly pending Change Proposals and Claims (if none, furnish written statement signed by officer of Contractor’s organization, legally authorized to sign binding contracts on behalf of Contractor, clearing indicating that no Change Proposals and Claims are pending or are unresolved); and

5. complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

6. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.C.5 and as approved by City, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which City might in any way be responsible, or which might in any way result in liens or other burdens on City’s property or funds, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to City to indemnify City against any Lien, or City at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

7. If there were no Liens filed in connection with the Work, Contractor shall furnish with the final Application for Payment a sworn statement signed by Contractor stating that there were no Liens, unpaid claims, or demands against Contractor related to the Work.

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Test Site Preparation and Monitoring Well 00 72 13- 83 General Conditions C. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten (10) days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to City for payment. Such recommendation shall account for any set-offs against payment that are necessary to protect City from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to City and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, City will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

D. Retainage

1. In accordance with the Contract Documents and Laws and Regulations, City may retain out of payments due Contractor up to five percent of value of Work completed to date. In no event will City’s total retention exceed five percent (5%) of the value of the Work performed, unless the Contract Documents expressly entitles the City to greater withholding as a set-off or otherwise set forth in the Contract Documents.

2. This provision on retention does not limit City’s right to withhold 150 percent (150%) of the value of any or all disputed Work from final payment, as provided for in California Public Contract Code Section 7107(c). In the event of a good faith dispute, nothing in this provision shall be construed to require City to pay for work, materials, or equipment that is not in accordance with the Contract Documents.

3. Contractor may elect to substitute securities of equivalent value for any retentions withheld by the City to ensure performance of the Work in accordance with Section 22300 of the California Public Contract Code, if applicable. At Contractor’s request and expense, City may pay retentions earned directly to an escrow agent as set forth in an Escrow Agreement in Lieu of Retainage.

E. Final Payment is Due: Final payment, less any set-offs for liquidated damages and other set-offs allowed under the provisions above for progress payments, will be due and payable as provided by Law, within 30 days after City’s receipt of the final Application for Payment with Construction Manager’s recommendation for payment, unless otherwise agreed to by Contractor. Contractor shall submit a final Application for Payment to the City no earlier than 30 days before the date the request for approval of the Work is on the City Council agenda, to allow City to timely make the final payment.

City will issue and record a Notice of Completion within 15 days after the City Council’s acceptance of the Work, which constitutes the date of Final Completion of the Work per Civil Code §9204. City shall pay the retention amount to Contractor within 60 days after completion of the Work pursuant to Public Contract Code §7107.

F. Contractor shall submit to City a release of all claims by Contractor against City arising by virtue of the Contract, except such claims in definite amounts as the Contractor may specifically exempt from the operation of the release.

15.07 Waiver of Claims
A. The making of final payment will not constitute a waiver by City of claims or rights against Contractor. City expressly reserves claims and rights arising from unsettled Liens,

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B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against City other than those pending matters that have been duly submitted as a Claim or appealed under the provisions of Article 17 of these General Conditions.

15.08 Correction Period
A. If within one year after the date of Substantial Completion or date of Final Completion, (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), whichever is later, City gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to City and in accordance with City’s written instructions:

1. correct the defective repairs to the Site or such adjacent areas;

2. correct such defective Work;

3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by City, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures.

B. City shall give any such notice of defect within 60 days of the discovery that such Work or repairs are defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a valid notice of defective Work under Paragraph 7.17.B of these General Conditions.

C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others), plus City’s overhead fee of an additional 15 percent of all costs incurred by City. Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from City will be deemed the start of an event giving rise to a Claim under Paragraph 12.01 of these General Conditions, such that any related Claim must be brought within 30 days of the failure to pay.

D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph prior Final Completion, the

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F. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties, guarantees, maintenance, and to correct and remedy defective Work including but not limited to the warranty period after the Final Completion of the Work. A partial occupancy of a part of the Work consistent with Paragraph 15.04 of these General Conditions may cause the correction period to commence to only that part of the Work which becomes partially occupied or actually used prior to Final Completion. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitations.

ARTICLE 16— SUSPENSION OF WORK AND TERMINATION

16.01 City May Suspend Work
A. Suspension for City’s Convenience

1. City may order Contractor, in writing, to temporarily suspend all or part of the Work for period of time determined by City for the convenience and benefit of City. Where such suspension is ordered and where such suspension unreasonably delays progress of the Work, Contractor will be entitled to an equitable adjustment in the Contract Price and Contract Times.

B. Suspension for Uncontrollable Delay

1. Should the Work be suspended or delayed for one year or more for reasons indicated in Paragraph 4.05.C of these General Conditions, upon mutual agreement of the parties, the Work may be terminated for City’s convenience, subject to the following:
a. City is responsible for payment for the Work completed in accordance with the Contract Documents.
b. Pro-rated cost of such work, where not fully covered by unit prices or lump sum items in the Contract, shall be determined by an evaluation of the Work performed up to the date of termination.
c. The provisions of Paragraph 16.03 apply.

16.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of City (or Program Manager, acting on City’s behalf), Construction Manager, or Engineer.

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Test Site Preparation and Monitoring Well 00 72 13- 86 General Conditions B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that City is considering a declaration that Contractor is in default and termination of the Contract, City may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and

2. enforce the rights available to City under any applicable performance bond.

C. Subject to the terms and operation of any applicable performance bond, if City has terminated the Contract for cause, City may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere, and complete the Work as City may deem expedient.

D. City may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

E. If City proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses, and damages incurred by City will be reviewed by Construction Manager as to their reasonableness and, when so approved by Construction Manager, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the Work performed.

F. Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by City will not release Contractor from liability.

G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A of the General Conditions, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. Where such bond does not include procedures for City’s assertion of City’s rights under such bond, then the provisions of this Paragraph 16.02 will apply.

16.03 City May Terminate for Convenience
A. Upon seven days’ written notice to Contractor, Construction Manager, and Engineer, City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. In such case, Contractor shall submit a claim for payment including required certifications under Article 12 within 6 months of the effective date of termination. Subject to verification to City’s satisfaction, Contractor will be eligible to be paid for (without duplication of any items):

1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work not to exceed 5% of cost of the Work;

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2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses not to exceed 5% of cost of the Work; and

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

B. City shall not be liable for costs incurred by Contractor or Subcontractor after receipt of a notice of termination. Contractor shall not be paid for any loss of anticipated profits or revenue on Work not performed as of the notice of the termination, post-termination overhead costs, or other economic loss arising out of or resulting from such termination.

C. City shall deduct from Contractor any advance payments made to Contractor related to the terminated portion of the Contract Documents, any claim which City may have against Contractor in connection with the Contract Documents, and any other applicable costs.

16.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, or Subcontractor, or any employee or agent of Contractor or any Subcontractor, (1) the Work is suspended for more than 180 consecutive days by City or under an order of court or other public authority, or (2) Construction Manager fails to act on any Application for Payment within 30 days after it is submitted, or (3) City fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days’ written notice to City, Construction Manager, and Engineer, and provided City or Construction Manager does not remedy such suspension or failure to cure within 30 days of the default, terminate the contract and recover from City payment on the same terms as provided in Paragraph 16.03 of these General Conditions.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Construction Manager has failed to act on an Application for Payment within 30 days after it is submitted, or City has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to City, Construction Manager, and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17— FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures
A. Claims and disputes arising under or related to the performance of the Contract, for which mediation was waived or unsuccessful, shall be resolved by binding arbitration unless City and Contractor mutually agree in writing, after the dispute has arisen, to waive arbitration and to have the dispute litigated in a court of competent jurisdiction, or resolved by other legally-binding method of final dispute resolution mutually agreeable to the parties. Processes for initiating final resolution of disputes are set forth in this Article.

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17.02 Arbitration
A. Arbitration will be pursuant to Article 7.1 (pursuant to Sections 22201 and 10240 of the California Public Contract Code and the Laws and Regulations promulgated thereto, Chapter 4 (commencing with Section 1300) of Division 2 of Title 1 of the California Code of Regulations.

B. Arbitration decision will be decided under and in accordance with California Law, supported by substantial evidence and, in writing, contain the basis for the decision, findings of fact, and conclusions of Law.

C. Where an election is made by either party to use the Simplified Claims Procedure provided under Sections 1340-1346 of said Chapter 4, the parties may mutually agree to waive representation by counsel.

D. Initiation of Final Resolution of Dispute:

1. Arbitration will be initiated by a Complaint in Arbitration made in compliance with said Chapter 4. Complaint in Arbitration by Contractor will be filed not later than 90 calendar days after receipt of the final written decision of City on the Claim or after City’s acceptance of the Work if no written decision has been issued. For purposes of this article, "Acceptance of the Work by the Agency" as used in Laws and Regulations will be defined as the date the Notice of Completion is filed.

2. If such notice for final resolution of the dispute is not properly submitted in the time indicated in this Article, the Claim will be deemed to be resolved based on the Claim’s status at the conclusion of mediation in Article 12, and such resolution shall be deemed final and binding on the parties.

3. Arbitration shall be held in the County of Santa Cruz, California.

E. Cost Responsibility: Each party shall be responsible for its own costs, including fees of attorneys and consultants, for the final resolution of the dispute. Arbitrator or court fees shall be shared equally by the City and Contractor.

17.03 Government Code Claim

1. Prior to filing any legal action against the City that seeks money or damages, Contractor must comply with the claim procedures for money or damages set forth in Government Code Sections 900, et seq. Such Government Code claim and any subsequent lawsuit based upon the Government Code claim shall be limited to those matters that remain unresolved after all required contractual procedures pertaining to the dispute have been followed by the Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

17.04 Legal Action
The venue for any legal action shall be the Superior Court of Santa Cruz.

17.05 Duty to Continue Performance.

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 of items not n dispute, pending the final resolution of any dispute or disagreement between Contractor and City..

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Test Site Preparation and Monitoring Well 00 72 13- 89 General Conditions ARTICLE 18— MISCELLANEOUS

18.01 Giving Notice
A. Whenever any provision of the Contract requires the giving of written notice to City, Construction Manager, Engineer, or Contractor, it will be deemed to have been validly given only if delivered:

1. in person, by a commercial courier service or otherwise, to the recipient’s place of business;

2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or

3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line.

B. Contractor’s address indicated in the Agreement (or, if not indicated in the Agreement, and not stipulated at the preconstruction conference, then as indicated in the Bid) and the address of Contractor’s office in closest proximity to the Site will each be considered as Contractor’s address for delivery of notices required by the Contract, unless otherwise mutually agreed upon by the parties.

18.02 Computation of Times
A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

18.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

18.04 Limitation of Damages
A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, City, Program Manager, Construction Manager, Engineer, and any of their respective officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall not be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver
A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract.

18.06 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor.

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18.07 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.

18.08 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract.

B. This Paragraph 18.08 notwithstanding, the provisions of Paragraph 19.09 of the General Conditions, concerning assignment to City of third-party claims, applies.

18.09 Successors and Assigns
A. This Contract will insure the benefit of and be binding upon the successors and assigns of the City and Contractor.

18.10 Publicity and Publications
A. Contractor shall submit and obtain written approval from City prior to the publication of any technical articles, descriptions, or news releases, concerning the Project. Approval will be granted providing that City is properly acknowledge, technical innovations are properly acknowledged, and such publication is in the best interest of the City.

B. Such publications or releases shall not divulge any confidential or security-related information concerning the City’s facilities or the Project. Contractor shall make reasonable revisions to such articles and releases required by the City prior to their release or publication. Do not publish or release such items without the prior approval of the City.

18.11 City’s Right to Access Contractor’s Records
A. City, or any of its duly authorized representatives shall have the right to access and review records of Contractor and Subcontractors for at least three years (or longer as otherwise specified) after City’s issuance of final payment under this Contract.

B. Such right allows City to access and examine any of Contractor’s or Subcontractors’ payrolls, records of personnel, invoices of materials or equipment, records of plant and construction equipment costs, and any and all other directly pertinent books, documents, papers, and records of Contractor and Subcontractors, involving transactions related to the Contract or subcontracts thereunder.

C. When state or federal funds are involved in the Project’s funding or financing, the state or federal government shall have the same rights of access and examination as the City under this provision.

18.12 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

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Test Site Preparation and Monitoring Well 00 72 13- 91 General Conditions ARTICLE 19— STATUTORY PROVISIONS

19.01 Compliance
A. Requirements of this article are required to be in the Contract by the provisions of Laws or Regulations. Omission of any required provision from this article does not diminish the effect of such Laws and Regulations or Contractor’s obligation for compliance therewith.

19.02 Labor Discrimination
A. Attention is directed to the following sections of the Labor Code:

1. Section 1735. No discrimination shall be made in the employment of persons upon Public Works because of race, color, national origin or ancestry, or religion of such persons and every Contractor for Public Works violating this section is subject to all the penalties imposed for a violation of this chapter.

2. Section 1420. It shall be unlawful employment practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or the States or the State of California:
a. For an employer, because of the race, religious creed, color, national origin, or ancestry of any person, to refuse to hire or employ him/her or to bar or to discharge from employment such person, or to discriminate against such person in compensation or in terms, conditions or privileges of employment.

B. Furthermore, the City, as defined in Resolution NS-20,137 and Santa Cruz Municipal Code (“SCMC”) Chapter 9.83, further prohibits discrimination on the basis of sexual orientation, height, weight and physical characteristics. Contractor agrees to abide by all of the foregoing statutes, regulations, ordinances and resolutions.

19.03 Local Hiring
A. Contractor and Subcontractors shall comply with Santa Cruz Municipal Code (SCMC) Chapter 3.10, which is incorporated into the Contract by reference. SCMC Chapter 3.10 specifically requires the City’s contractors and their subcontractors to make good faith efforts to hire qualified individuals who are local residents, as workers on City public works projects valued greater than the limit for formal bidding (as set forth in Laws and Regulations) unless prohibited by Laws or Regulations.

B. Contractor and listed Subcontractors in the Subcontractor’s Form must complete and submit to the City, after the award of the Contract and prior to City’s issuance of the Notice to Proceed, the form entitled, “Good Faith Effort Statement for Local Hire,” as contained in the Bidding Documents.

C. Contractor must also complete and submit to the City, on a weekly basis, documentation of local hiring. The “Local Hire Residency Compliance” form (Exhibit X-3) must be submitted with certified payroll records.

D. Failure to comply with any of the provisions of SCMC Chapter 3.10, including the maintenance of records, shall be deemed a breach of the Contract and may result in the Contractor being declared “non-responsible” by the City and ineligible for the award of future City contracts.

19.04 Department of Industrial Relations Requirements
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Work is to be performed for each

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Test Site Preparation and Monitoring Well 00 72 13- 92 General Conditions craft or type of work needed to be as published by the State of California Department of Industrial Relations (DIR), Division of Labor Statistics and Research, a copy of which is on file in the Public Works Department and shall be made available on request.

Contractor shall cause a copy of the applicable minimum prevailing wage rates to be posted at the Site, in a prominent location easily visible to workers. Contractor and Subcontractors engaged in the Work shall pay workers not less than the applicable minimum prevailing wage rate. Excepted from such wage rates are construction projects where the Contract Price is $25,000 or less, or projects of $15,000 or less for alteration, demolition, repair, or maintenance work.

A. If a Subcontractor worker engaged in the Work is not paid the general prevailing per diem wages by the Subcontractor, the Contractor is not liable for any penalties therefor, unless Contractor had knowledge of that failure or unless Contractor fails to comply with all of the following requirements:

1. Subcontract between Contractor and Subcontractor for the performance of part of the Work must include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. Contractor must monitor payment of the specified general prevailing rate of per diem wages by Subcontractor by periodic review of Subcontractor’s certified payroll records.

3. Upon becoming aware of Subcontractor’s failure to pay the specified prevailing rate of wages, Contractor must diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due Subcontractor for performance of the Work.

4. Prior to making final payment to Subcontractor, Contractor must obtain an affidavit signed under penalty of perjury from Subcontractor that the Subcontractor has paid the specified general prevailing rate of per diem wages employees engaged in the Work and any amounts due pursuant to California Labor Code Section 1813.

B. The work of installing, assembling, repairing or reconditioning, or other Work of any nature on machinery, equipment, or tools used in or upon the Work shall be considered a part of the Work to be performed under the Contract any laborers, workers, or mechanics working on such machinery, equipment, or tools, shall be subject to all of the requirements relating to labor set forth in the Contract.

C. Construction, erection, and operation of material production, proportioning, or mixing plants from which material is used wholly on the Contract or on contracts performed for the City, shall be considered a part of the Work to performed under the Contract and any laborers, workers, or mechanics working on such plants shall be subject to all of the requirements relating to labor set forth in the Contract.

19.05 DIR Registration
A. No contractor or Subcontractor may be listed on a bid or proposal for a public works project unless registered with the DIR pursuant to California Labor Code Section 1725.5. Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, or enter into any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. By

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Test Site Preparation and Monitoring Well 00 72 13- 93 General Conditions submitting its Bid or proposal to City, Contractor is certifying that Contractor has verified that all Subcontractors used on the Work are registered with the DIR in compliance with Labor Code Sections 1771.1 and 1725.5, and Contractor shall submit to City proof of registration.

19.06 Prevailing Wages
A. In accordance with California Labor Code Section 1775, Contractor and Subcontractors engaged in the Work shall forfeit a penalty of up to $200 per day for each worker engaged in the Work that Contractor or Subcontractor pays less than the specified prevailing wage. Amount of such penalty shall be determined by the Labor Commissioner. Contractor or Subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each day or portion thereof for which each worker was paid less than the prevailing wage rate.

B. If it becomes necessary for Contractor or Subcontractor engaged in the Work to employ on the Work any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the director of the Department of Industrial Relations, Contractor must pay the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by that person. The minimum rate thus furnished will be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

19.07 Payroll Records
A. In accordance with California Labor Code Section 1776, Contractor and each Subcontractor engaged in the Work must keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating that the information contained in the payroll record is true and correct and that the employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the Project. Payroll records required pursuant to California Labor Code Section 1776 must be certified and must be available for inspection by the City and its authorized representatives, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations and must otherwise be available for inspection in accordance with California Labor Code Section 1776.

Contractor and Subcontractors shall furnish the payroll records specified in Labor Code section 1776 directly to the Labor Commissioner in the manner required by Labor Code Section 1771.4.

19.08 Apprenticeship
A. In accordance with California Labor Code Section 1777.5, Contractor, on behalf of the Contractor and Subcontractors engaged in the Work, are responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on the Project.

B. Contractor’s attention is directed to the Section 1770 et seq. of the Labor Code concerning the employment of apprentices by Contractor or Subcontractor.

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Test Site Preparation and Monitoring Well 00 72 13- 94 General Conditions C. Section 1777.5, as amended, requires Contractor and Subcontractors employing tradespersons in any apprentice occupation to apply to the joint apprenticeship committee nearest the Site and which administers the apprenticeship program in that trade for a certificate of approval. Certificate will also fix the ratio of apprentices to journeymen that will be used on the Work. Ratio of apprentices to journeymen in such cases shall not be less than one to five except:

1. When unemployment in the area of coverage by the Joint Apprenticeship committee has exceeded an average of 15 percent in the 3 months prior to the request for certificate,

2. When the number of apprentices in training in the area exceeds a ratio of one to five,

3. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or

4. When assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

D. Contractor shall make contributions to funds established for the administration of apprenticeship programs if Contractor employs registered apprentices or journeymen in any apprentice trade on the Project and if other contractors working for City at the Site are making such contributions.

E. Contractor and Subcontractors shall comply with Sections 1777.5 and 1777.6 in the employment of apprentices.

F. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship standards and its branch offices.

19.09 Assignment of Unfair Business Practice Claims
A. In accordance with California Public Contract Code Section 7103.5, Contractor and Subcontractors offer and agree to assign to City all rights, title, and interest in and to all causes of action Contractor or Subcontractors may have under Section 4 of the Clayton Act (15 USC. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the Contract. Such assignment shall be made and become effective at the time City issues final payment to Contractor, without further acknowledgement by the parties.

END OF SECTION

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Test Site Preparation and Monitoring Well 00 73 01 - 1 Supplementary Conditions SECTION 00 73 01

SUPPLEMENTARY CONDITIONS
ARTICLE 1 – INTENT OF SUPPLEMENTARY CONDITIONS

1.01 These Supplementary Conditions amend or supplement the City of Santa Cruz General Conditions. The General Conditions remain in full force and effect except as amended.

1.02 The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

ARTICLE 2 – INSURANCE REQUIREMENTS

2.01 Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter from the date of final completion, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Contractor, its agents, representatives, employees, or subcontractors.

A. Certificate Requirements
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:

1. Certificate(s) will show current policy number(s) and effective dates,

2. Coverage and policy limits will meet, or exceed, requirements below,

3. The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Avenue, Suite 290, Santa Cruz, CA 95060,

4. Certificate will be signed by an authorized representative,

5. An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and a. Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required
B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): $2,000,000 PER OCCURRENCE; $2,000,000

AGGREGATE
Proof of coverage for $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.

2. Professional Liability (Errors and Omissions): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

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Test Site Preparation and Monitoring Well 00 73 01 - 2 Supplementary Conditions Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

3. Automobile Liability: Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.

4. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Cruz and United States Environmental Protection Agency for all work performed by Contractor, its employees, agents and subcontractors.

5. Surety Bonds as described below.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (APPLICABLE TO ALL CONTRACTORS AND

SUBCONTRACTORS OF ANY TIER PERFORMING ANY REMOVAL,

REMEDIATION, ABATEMENT, TRANSPORTATION OR DISPOSAL OF ANY

HAZARDOUS MATERIALS AND/OR PROJECTS INVOLVING
ENVIRONMENTAL HAZARDS) with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz and United States Environmental Protection Agency.

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

1. Additional Insured Status
The City of Santa Cruz, United States Environmental Protection Agency, their respective officers, officials, employees, and authorized agents are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or, if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later editions are used).

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2. Primary Coverage
For any claims related to this contract, Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Cruz, United States Environmental Protection Agency, their respective officers, officials, employees, and authorized agents. Any insurance or self-insurance maintained by the City of Santa Cruz, United States Environmental Protection Agency, their respective officers, officials, employees, and authorized agents shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Santa Cruz.

4. Waiver of Subrogation
Contractor hereby grants to the City of Santa Cruz a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Santa Cruz by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Cruz has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Cruz.

The City of Santa Cruz may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City of Santa Cruz.

6. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City of Santa Cruz.

7. Claims Made Policies
If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for five (5) years after completion of contract work.
c. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date or the start of work date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. d. A copy of the claims reporting requirements must be submitted to the City of Santa Cruz for review.
e. If the services involve lead-based paint or asbestos identification/remediation, Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation,

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Aquifer Storage and Recovery Belts 9 Pilot
Test Site Preparation and Monitoring Well 00 73 01 - 4 Supplementary Conditions Contractors’ Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

8. Verification of Coverage
Contractor shall furnish the City of Santa Cruz with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City of Santa Cruz before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City of Santa Cruz reserves the right to require complete, certified copies of all required insurance policies, including declarations and endorsements required by these specifications, at any time.

9. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Santa Cruz and United States Environmental Protection Agency, and their respective officers, officials, employees, agents, and volunteers are additional insureds on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

10. Special Risks or Circumstances:

The City of Santa Cruz reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

ARTICLE 3 - LIQUIDATED DAMAGES

3.01 Liquidated damages are the specified dollar amount the Contractor shall pay to the City as a result of the Contractor's failure to achieve Milestones, Substantial Completion, or Final Completion of the Work.

3.02 Contractor agrees that time is of the essence for this Contract and that City will suffer financial and other losses if the Work is not completed and/or Milestones are not achieved within the Contract Times, or as duly modified. If any Work has not occurred within the Contract Times, Owner will assess liquidated damages, as it is and will be impractical and extremely difficult to ascertain the actual damages which City will sustain in the event of and by reason of such delay. Contractor agrees that the liquidated damages listed below are reasonable estimates of damages for delay and will not be construed as a penalty. City shall have the right to deduct said liquidated damages from any amount due or that may become due the Contractor, or to collect such liquidated damages from the Contractor or its surety.

3.03 If Contractor neglects, refuses, or fails to complete the Work within the Contract Times (as duly adjusted pursuant to the Contract):

A. Contractor shall pay City: $500 as liquidated damages for each calendar day that expires after the time specified herein for Milestones or Substantial Completion.

B. For delays after Substantial Completion, Contractor shall pay City: $500 as liquidated damages for each calendar day that expires after the time specified herein for completion and readiness for final payment until the Final Completion of the Work.

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3.04 Any progress payments by City after the scheduled completion date does not constitute a waiver of the City’s right to liquidated damages.

3.05 If City recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are City’s sole and exclusive remedy for such delay, and City is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay.

3.06 This provision shall not prevent City from seeking all damages and other remedies available to City under this Contract or by Law in the event of any other default by Contractor other than failing to complete the Work within the Contract Times.

ARTICLE 4 - ACCESS REQUIREMENTS

4.01 Authorized representatives of the City and the USEPA shall have access to, for the purpose of inspection, the work site(s), any books, documents, papers, and records of the contractor that are pertinent to this agreement at any reasonable time.

ARTICLE 5 – EXISTING UTILITY AVAILABILITY AND USE CHARGES

5.01 Construction water: Water, as required for City projects, may be obtained at City-owned fire hydrants provided that application is made to the Water Department and permission obtained. Coordinate with City to obtain a meter with a backflow prevention system for connection or bring water trucks for construction water. Contractor must comply with the City Meter Policy provided in Exhibit C. The application and fees can be found in Exhibit D. City will pay for water used directly and water shall not be billed with invoices to the City. City will not pay for water trucks brought to the site by the Contractor, except in cases of metered water not being available (e.g., during maintenance or unplanned outage). Contractor may submit revised meter connection requests during construction.

END OF SECTION

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Test Site Preparation and Monitoring Well 00 73 73 - 1 Copeland Anti-Kickback Act SECTION 00 73 43

COPELAND ANTI-KICKBACK ACT REQUIREMENTS
ARTICLE 1 – GENERAL

1.01 COPELAND ANTI-KICKBACK ACT
A. Contractor shall comply with 18 CFR § 874, 40 CFR § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into the contract.

B. Subcontracts: Each subcontract shall include the clause immediately above and such other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

C. Breach: A breach of the Contract clauses above may be grounds for termination of the Contractor for cause, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12.

END OF SECTION

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Test Site Preparation and Monitoring Well 00 73 46 - 1 Wage Determination Schedules SECTION 00 73 46

WAGE DETERMINATION SCHEDULES
United States Department of Labor
Wage and Hour Division
Davis-Bacon Wage Rates

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Test Site Preparation and Monitoring Well Wage Determination Schedules

END OF SECTION

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements SECTION 00 73 74

WATER INFRASTRUCTURE FINANCE INNOVATION ACT PROGRAM

REQUIREMENTS
The intent of the Water Infrastructure Finance Innovation Act (WIFIA) Program Requirements is to complement and supplement other provisions of the Bidding Documents. However, if there are any conflicts between the WIFIA Program Requirements and other provisions of the Bidding Documents, the WIFIA Program Requirements shall take precedence over the other provisions except when the other provisions are similar to, but more stringent than, the WIFIA Program Requirements, the more stringent provisions shall apply.

Contractor must submit with the bid a signed Certification of Compliance with WIFIA Program Requirements provided in Document 00 45 46.4.

ARTICLE 1 – GENERAL

1.01 PROJECT RECORDS
A. Contractor and Subcontractors shall maintain separate books, records and other materials relative to Project. Contractor shall submit a copy of all such records to the City with receipt of final payment. Contractor and Subcontractors shall make such books, records, and other material available at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the City, the United States Environmental Protection Agency (USEPA), or any authorized representatives of the aforementioned. Contractor and Subcontractors shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. Contractor shall include a similar duty regarding audit, interviews, and records retention in all subcontracts related to the Contract. Obligations under this provision shall survive the expiration or termination of the Contract.

1.02 COMPLIANCE WITH DAVIS-BACON AND RELATED ACTS
A. In any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in 29 C.F.R. § 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, provided that such modifications are first approved by the Department of Labor):
(1) Minimum wages.

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements i All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act ( 29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 C.F.R. § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii The WIFIA assistance recipient, City of Santa Cruz, on behalf of the U.S.

Environmental Protection Agency (EPA), shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The WIFIA assistance recipient shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. iii If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the WIFIA assistance recipient agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent to the Administrator of the Wage and Hour Division (WHD Administrator), U.S. Department of Labor, Washington, DC 20210. The WHD Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the WIFIA assistance recipient or will notify the WIFIA assistance recipient within the 30-day period that additional time is necessary. iv In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the WIFIA assistance recipient do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the WIFIA assistance recipient shall refer the questions, including the views of all interested parties and the recommendation of the WIFIA assistance recipient, to the WHD Administrator for determination. The WHD Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the WIFIA assistance recipient or will notify the WIFIA assistance recipient within the 30-day period that additional time is necessary. v The wage rate (including fringe benefits where appropriate) determined pursuant to this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
vi. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
vii. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding the City of Santa Cruz, shall upon written request of the WIFIA Director or an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federallyassisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the WIFIA Director may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and Basic Records.
i Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the DavisBacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
ii {no text here}
(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City of Santa Cruz. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to City of Santa Cruz, for transmission to the EPA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to City of Santa Cruz.
(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
i That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
ii That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
iii That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
iv The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph

1.02(A)(3)(ii)(2) of this section.
v The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. vi The contractor or subcontractor shall make the records required under paragraph 1.02(A)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of City of Santa Cruz, EPA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the EPA may, after written notice to the City of Santa Cruz, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees –
i Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the WHD Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
ii Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the WHD Administrator determines that there is an apprenticeship program associated with

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
iii Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part

30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

Refer to Specification 00 73 43 Copeland Anti-Kickback Act Requirements. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and City of Santa Cruz, EPA, the U.S. Department of Labor, or

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements the employees or their representatives.
(10) Certification of eligibility.
i By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). ii No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1). iii The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

B. Contract Work Hours and Safety Standards Act. The following clauses set forth in paragraphs (B)(1), (2), (3), and (4) of this section shall be inserted in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR § 5.5(a). As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the conract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employedon such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (B)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inparagraph (B)(1) of this section, in the sum of $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements (3) Withholding for unpaid wages and liquidated damages. The City of Santa Cruz shall upon its own action or upon written request of an authorized representative of the Department of Labor, or the EPA, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (B)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (B)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.

The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (B)(1) through (4) of this section.

C. In addition to the clauses contained in paragraph (B), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR § 5.1, the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contractfor all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the EPA shall cause or require the City of Santa Cruz to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City of Santa Cruz, EPA and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

1.03 DEBARMENT AND SUSPENSION, EXECUTIVE ORDER 12549, 51 FR 6370, FEBRUARY 21, 1986
A. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 40 CFR Part 32 to participate in the Project. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement.

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements

1.04 NEW RESTRICTIONS ON LOBBYING, 31 USC 1352
A. Federal Lobbying Restrictions: Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110.

1.05 CIVIL RIGHTS, NONDISCRIMINATION, EQUAL EMPLOYMENT

OPPORTUNITY AUTHORITIES
A. CIVIL RIGHTS OBLIGATIONS. Contractor shall comply with the following federal non-discrimination requirements:
(1) Title VI of the Civil Rights Act of 1964, 42 USC 2000d et seq, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP).
(2) Section 504 of the Rehabilitation Act of 1973, 29 USC 794, supplemented by EO 11914, 41 FR 17871, April 29, 1976 and 11250, 30 FR 13003, October 13, 1965, which prohibits discrimination against persons with disabilities. (3) The Age Discrimination Act of 1975, 42 USC 6101 et seq, which prohibits age discrimination.
(4) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
(5) 40 CFR Part 7, as it relates to the foregoing.
(6) Equal Employment Opportunity, EO 11246, 30 FR 12319, September 28, 1965 B. Equal Employment Opportunity Obligations Under EO 11246:
(1) The Contractor shall comply with Executive Order 11246, entitled 'Equal

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements Employment Opportunity,' as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). (2) Contractor's compliance with Executive order 11246 shall be based on implementation of the Equal Opportunity Clause, and specific affirmative active obligations required by the Standard Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60-4. (3) During the performance of this contract, the contractor agrees as follows:
i The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. ii The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.
iv The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii The contractor will include the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971B.

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements C. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) located at 41 CFR 60-4.3:
(1) As used in these specifications:
i “Covered area” means the geographical area described in the solicitation from which this contract resulted;
ii “Director” means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
iii “Employer identification number” means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
iv “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
(2) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (3) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
(4) The Contractor shall implement the specific affirmative action standards provided in these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area.

Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (5) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
(6) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements i Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
ii Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. iii Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.
iv Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. v Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
vi Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
vii Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. viii Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.
ix Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. x Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.
xi Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
xii Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
xiii Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
xiv Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
xv Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
xvi Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.
(8) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
(9) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
(10) The Contractor shall not use the goals and timetables or affirmative action

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin. (11) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (12) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
(13) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
(14) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
(15) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

D. Segregated Facilities, 41 CRF 60-1.8

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements (1) The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensuring that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. This obligation extends to all contracts containing the equal opportunity clause regardless of the amount of the contract. The term “facilities,” as used in this section, means waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, wash rooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees; Provided, That separate or single-user restrooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes.

E. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) located at 41 CFR § 60-4.2:
(1) The Offeror's or Bidder's attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Specifications” set forth herein. (2) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Time-tables Goals for minority
participation for each
trade
Goals for female
participation for each
trade
Term of Contract There is no specific goal for
minority participation
There is not specific goal
for female participation
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-

4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR part 60-4. Compliance with the goals will be measured against the total work hours performed.
(3) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
(4) As used in this Notice, and in the contract resulting from this solicitation, the “covered area” is the City of Santa Cruz Graham Hill Water Treatment Plant (Santa Cruz, CA).

1.06 PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES (DBE) IN PROCUREMENT UNDER EPA FINANCIAL ASSISTANCE AGREEMENTS, 73 FR 15904
A. Contractor agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises. The DBE rule can be accessed at www.epa.gov/osbp. Contractor shall comply with 40 CFR Section 33.301, and retain all records documenting compliance with the six good faith efforts. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

1.07 AMERICAN IRON AND STEEL (AIS) REQUIREMENTS
A. The Contractor acknowledges to and for the benefit of City of Santa Cruz (“Purchaser”) and the United States Environmental Protection Agency (“EPA”) that it understands the goods and services under this Agreement are being funded with monies made available by the Water Infrastructure Finance and Innovation Act program of the EPA that has statutory requirements commonly known as “American Iron and Steel” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by

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Aquifer Storage and Recovery Beltz 9 Pilot Water Infrastructure Finance Innovation Test Site Preparation and Monitoring Well 00 73 74-22 Act Program Requirements the Contactor pursuant to this Agreement. The Contractor hereby represents, warrants and covenants to and for the benefit of the Purchaser and the EPA that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the EPA. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or the EPA to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or the EPA resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the EPA or any damages owed to the EPA by the Purchaser). While the Contractor has no direct contractual privity with the EPA, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the EPA is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the EPA.

1.08 ENVIRONMENTAL COMPLIANCE
A. The Contractor, and all subcontractors at any tier, shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15.

END OF SECTION

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Aquifer Storage and Recovery Beltz 9 Pilot
Test Site Preparation and Monitoring Well 01 14 00 - 1 Work Restrictions SECTION 01 14 00

WORK RESTRICTIONS
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. This section describes special requirements and construction constraints that may affect the Work. These requirements and constraints are in addition to those appearing elsewhere in the specifications.

1.02 SUBMITTALS
A. Submit detailed proposal for any proposed work outside of the normal work hours defined below. Include description of any measures proposed to minimize or mitigate impacts to nearby residents.

1.03 WORK HOURS
A. Normal work hours, including related site activities of any kind are limited 8:00 a.m. to 5:00 p.m. on work days (Mondays through Fridays except for City holidays). Work outside of these hours requires prior consent of the Construction Manager. The City will consider approval of an extension of work hours for specific work activities if the Contractor can show that sufficient measures will be taken to minimize noise, light, traffic and other potential impacts on local residents.

B. City holiday closures:

1. New Years Day, January 1st

2. Martin Luther King Day (3rd Monday in January)

3. President’s Day (3rd Monday in February)

4. Memorial Day (last Monday in May)

5. Independence Day, July 4th

6. Labor Day (1st Monday in September)

7. Veteran’s Day

8. Thanksgiving Day and following Friday

9. Christmas Day, December 25th

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Aquifer Storage and Recovery Beltz 9 Pilot
Test Site Preparation and Monitoring Well 01 14 00 - 2 Work Restrictions

10. When a holiday falls on a Sunday, the following Monday is observed as the holiday. When a holiday falls on a Saturday, the preceding Friday is observed as the holiday.

11. The City offices are closed for two weeks surrounding the winter holidays, typically December 24th through January 1st
.

1.04 MAINTENANCE OF FACILITY OPERATION
A. The Contractor will be performing work at or near operating telecommunications, water storage, water treatment, and water distribution sites.

Under these conditions, extra precautions will be necessary to ensure that no damage occurs to those treatment or distribution facilities, including piping, utilities, roads, and structures, that are to remain in operation and are not to be modified or replaced. Any temporary facilities, materials, equipment and labor required to achieve these objectives shall be provided by the Contractor at its own expense. At the completion of work, all such temporary facilities, materials and equipment remaining shall be removed from the site.

1.05 GENERAL ACCESS
A. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction.

B. The Contractor will be permitted to add their own combination lock to the gate.

Following completion of the Work, the Contractor will remove their lock.

1.06 SITE SAFETY AND SECURITY
A. The Contractor will be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

Contractor will take all necessary precautions for the safety of and will provide the necessary protection to prevent damages, injury, or loss to: (1) all persons on the Site who may be affected by the Work; (2) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and (3) other property at the Site or adjacent thereto, including trees, shrubs, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

Contractor will comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and will erect and maintain all necessary safeguards for such safety and protection.

B. Contractor will be solely responsible for safety training and documentation.

Contractor will provide the City with Contractor’s Injury and Illness Prevention Plan and site safety plan with designated safety officer. All employees will be current on all safety training and Contractor will provide training documentation for all employees.

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Aquifer Storage and Recovery Beltz 9 Pilot
Test Site Preparation and Monitoring Well 01 14 00 - 3 Work Restrictions C. The Contractor will ensure the site is secure at the end of each day and will comply with all Water Department and City security procedures.

1.07 CONSTRUCTION NOISE
A. All work shall be performed in accordance with local noise ordinances, including Santa Cruz County sound control and noise level regulations, as applicable. The noise ordinance is referenced in Section 01 41 33 Environmental Regulatory Requirements 1.02 B 11.

1.08 SCHEDULING CONSTRAINTS
A. The nesting bird season is February 1 to August 31. The non-nesting season is September 1 to January 31. If ground disturbance occurs prior to August 31, the City will perform a nesting bird survey 7 days before. If a bird nest is found, bird nest buffers shall be observed by the Contractor until the young have fledged. Vegetation and tree trimming, clearing, or removal is prohibited from disturbing nesting birds per the Migratory Bird Treaty Act. Consider scheduling these activities outside of nesting bird season to avoid requirement for nesting bird surveys and potential work delays if nesting birds are identified.

1. Should nesting birds be discovered at the time Contractor mobilizes on site that impact Contractor’s approved schedule, the Contractor shall modify the schedule in such a way to minimize impacts on overall schedule and cost.

2. After mobilizing on site, Contractor shall implement all reasonable measures to discourage birds from constructing nests in areas where construction has not yet commenced but may impact the Project schedule. Employ non-lethal methods to exclude/discourage birds from areas and to prevent potential conflicts. The City does not allow monofilament nylon netting to be used to deter birds from nesting.

Should nesting birds be discovered despite such measures, the Contractor shall modify the schedule in such a way to minimize impacts on overall schedule and cost.

1.09 UTILITIES
A. Do not interrupt utilities serving facilities occupied by City or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Contractor to notify CM not less than 1 week in advance of proposed utility interruptions. The interruption is subject to City approval. Contractor notification must include proposed length of outage and should be no more than 48 hours.

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2. Outages should be scheduled Tuesday, Wednesday, or Thursdays (not weekends). Utilities include electrical and communications.

3. Obtain CM’s written permission before proceeding with utility interruptions.

1.10 MISCELLANEOUS OTHER RESTRICTIONS
A. Smoking: Due to the fire hazard, smoking will only be permitted at designated approved areas on the Site.

PART 3 – NOT USED

END OF SECTION

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Test Site Preparation and Monitoring Well 01 22 00 - 1 Measurement and Payment SECTION 01 22 00

MEASUREMENT AND PAYMENT
PART 1 - GENERAL

1.01 SUMMARY
A. Section Includes:

1. Apportionment of the Work among the various bid/pay items.

2. Payment for lump sum bid items will be made at the price bid for each item listed on the Bid Form or as extra work as provided in the General Conditions.

3. Payment for unit price bid items will be based on the measurements and quantities described on the Bid Form. These items include unit price and lump sum price items. Variations in bid quantity will be as provided in Article 13 of the General Conditions and defines how work items are measured and paid for on Unit Price Contracts.

1.02 ALL WORK – GENERAL
A. Predecessors to Payment

1. Initial progress payment will not be made prior to approval by the CM of the Construction Progress Schedule, the Subcontractor Payment Report, and the Schedule of Submittals.

2. No subsequent progress payment will be made prior to receipt by the CM of the monthly revision of the Construction Progress Schedule and of the Subcontractor Payment Report.

3. No subsequent progress payment will be made prior to receipt by the CM of Certified Payrolls for the previous month. If the Certified Payrolls are not complete or contain errors, the CM will withhold from payment the gross amount of the portion of previous month’s payroll that is in question until the matter is resolved. Contractor shall provide documentation that certified payrolls have been submitted to the California Department of Industrial Relations.

B. The items indicated in this Section are the same bid/pay items indicated in the Contract and in the Bid Form and constitute all pay items for completing the Work. For measurement and payment of individual bid items, refer to Exhibit A Technical Provisions.

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Test Site Preparation and Monitoring Well 01 22 00 - 2 Measurement and Payment C. No direct or separate payment will be made for providing miscellaneous temporary or accessory works, plant or facility services, Contractor’s or Construction Manager’s (CM’s) field offices, layout surveys, Project signs, sanitary requirements, testing, safety provisions and safety devices, Submittals and record documents, water supplies, power and fuel, maintenance of traffic, removal of waste, security, coordination with City’s operations, information technology (including hardware, software, and services) required during construction, bonds, insurance, or other requirements of the General Conditions, Supplementary Conditions, Division 01 Specifications, and other requirements of the Contract Documents.

D. Compensation for all services, items, materials, and equipment shall be included in prices stipulated for the lump sum Work and items of Unit Price Work indicated in this Section and included in the Contract.

E. Each lump sum and unit price shall include an amount considered by Contractor to be adequate to cover Contrator’s overhead and profit for each separately identified item.

F. Payment for items labeled “install” shall include full compensation for all labor, materials, tools and equipment to install City -furnished equipment, complete in place as specified and shown on the Contract Documents. Payment for all other items shall include full compensation for all labor, materials, tools and equipment to furnish and install the item complete in place as specified and shown on the Contract Documents. Payment for all items shall include associated cleaning, priming, flushing, calibrating and testing.

1.03 UNIT PRICE WORK ITEMS
A. Payment for Unit Price Work at the unit prices indicated in the Contract shall be full compensation to Contractor for the associated Unit Price Work.

B. Where the quantity eligible for payment for a given item of Unit Price Work exceeds the quantity in the Contract for that item, City will pay overruns at the contracted unit price for that item to the extent that underruns in other items of Unit Price Work exist and do not require the City to pay an amount greater than the Contract Price. When necessary, City and Contractor will sign Change Order(s) to adjust quantities of Unit Price Work as appropriate.

C. Unless otherwise indicated in the Contract Documents, measured quantities eligible for payment will be rounded to the nearest whole number.

D. Measurement – General:

1. Measurement for progress payments shall be by, or approved by, Construction Manager based on actual quantities provided in accordance with the Contract Documents. Actual quantities eligible for payment,

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Test Site Preparation and Monitoring Well 01 22 00 - 3 Measurement and Payment whether or not included in a prior Application for Payment, are subject to adjustment for corrections, incomplete Unit Price Work, or defective Work.

2. Unless expressly indicated as being included in another item of the Work, or unless otherwise indicated in the Contract Documents, unit prices for all items of Unit Price Work include all related Work and direct and indirect costs necessary for complete and functional Work in accordance with the Contract Documents.

3. Prior to final payment, quantities of Unit Price Work in the Contract will be adjusted to equal the final quantities of Unit Price Work provided in accordance with the Contract Documents and measured by Construction Manager.

E. Payment – General:

1. Progress payments shall be in accordance with the Contract Documents based on estimated quantities provided, paid at the associated unit price for that item as set forth in the Contract.

2. The final payment shall be based on actual quantities, fully installed, tested and placed into service, paid at the bid unit price.

F. Estimated Quantities Included in Contract

1. Estimated quantities for items of Unit Price Work, as included in the Contract, are approximate only and are included solely for purpose of comparing Bids and pricing. City does not expressly or by implication agree that nature of materials encountered below the ground surface, or actual quantities of material encountered or required, will correspond with the quantities included in the Contract on the Effective Date of the Contract, and reserves right to increase or decrease quantities, and to eliminate quantities, as City may deem necessary. Unless indicated otherwise in the Supplementary Conditions, Contractor or City will not be entitled to adjustment in unit price(s) of Unit Price Work items as a result of change in estimated quantity and agree to accept the unit prices accepted in the Bid as complete and total compensation for additions caused by changes or alterations in the Unit Price Work directed by City.

1.04 LUMP SUM WORK ITEMS
A. Payment for lump sum items shall be made only upon satisfactory completion of the entire task as determined by the City Representative.

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Test Site Preparation and Monitoring Well 01 22 00 - 4 Measurement and Payment PART 2 - PRODUCTS - (NOT USED)
PART 3 - EXECUTION - (NOT USED)

END OF SECTION

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Test Site Preparation and Monitoring Well 01 35 23 - 1 Safety Requirements SECTION 01 35 23

SAFETY REQUIREMENTS
PART 1 - GENERAL

1.01 SECTION INCLUDES
Establishes General Provisions regarding the Contractor’s role for safety.

1.02 GENERAL PROVISIONS
The Contractor must ensure job-site safety and compliance with all pertinent Title 8, California Code of Regulations Cal/OSHA, and Title 29, Code of Federal Regulations (OSHA).

At a minimum, the Contractor must comply and become familiar with all of the City’s Safety Policies. A copy of the City’s Safety Policies is provided in Exhibit E. There may be additional safety requirements in the technical specifications.

The specific City Safety Policies include:

1. Hazard Communication

2. Hearing Conservation

3. Heat Illness Prevention

4. Injury Illness Prevention

5. Lead Compliance

6. Lockout Tagout

7. Work Zone Safety
Contractor is solely and exclusively responsible for maintaining job-site safety and compliance with all pertinent Groups and Articles set forth in Title 8, California Code of Regulations (Cal/OSHA), and Title 29, Code of Federal Regulations (OSHA) as applicable.

The Contractor will appoint an on-site Emergency Response Manager (ERM).

1. The ERM will be the single point of contact for all emergency related matters. This role may be performed by the Contractor’s safety representative.

2. In case of any emergency, the ERM will call 9-1-1 to notify local authorities.

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3. In the case of unplanned or unanticipated water supply outages, the ERM will call (831) 420-5457 which is the City 24/7 operations desk.

Provide for public safety when working in at any location where the public has access.

1.03 SUBMITTALS
A. Project Health And Safety Plan:

1. The Contractor shall develop a Site Specific Health and Safety Plan (SSHP).

This submittal shall be furnished upon request from the City. The City will not approve the SSHP, rather only accept and acknowledge the Contractor has it complete.

END OF SECTION

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Test Site Preparation and Monitoring Well 01 41 33 - 1 Environmental Regulatory Requirements SECTION 01 41 33

ENVIRONMENTAL REGULATORY REQUIREMENTS
PART 1 - GENERAL

1.01 SUMMARY
A. This Section includes:

1. Description of the environmental requirements for this Project.

2. Permits obtained by the City in which the Contractor must meet requirements.

3. List of environmental work activities.

1.02 DESCRIPTION
A. Work Included:

1. Implement required environmental plans, procedures, and controls during performance of the Work in accordance with Exhibit E and comply with the conditions per the resource agency permits acquired by the City. The City will file a Notice of Exemption from the California Environmental Quality Act. The City has or will obtain the following permits:
(a) Coastal Development Permit minor amendment.

2. Contractor is responsible for complying with the Statewide General NPDES Permit for Drinking Water System Discharges (SWRCB Order WQ 2014-0194-DWQ, General Order No. CAG 140001), available for download here:
https://www.waterboards.ca.gov/water_issues/programs/npdes/docs/dr inkingwater/final_statewide_wqo2014_0194_dwq.pdf
The City has filed a Notice-of-Intent (NOI) to discharge and has been enrolled under the General Discharge Permit. Only discharges meeting the NPDES requirements shall be discharged to storm drain system, which will be dependent on both the discharge water and receiving water conditions. The CM will routinely monitor project discharges and the receiving water conditions for compliance with the NPDES requirements

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Test Site Preparation and Monitoring Well 01 41 33 - 2 Environmental Regulatory Requirements during the project. Under no circumstances shall discharges occur to the storm drain system without the approval of the CM.

3. Refer to Exhibit A, Technical Provisions Section 107.

4. Meet with the City Representative prior to commencement of the Work to review the project environmental requirements as applicable to the Contractor’s procedures and to develop mutual understandings relative to compliance with the environmental protection requirements and administration of the Contractor’s environmental pollution control programs.
(a) Contractor and all subcontractor personnel shall be advised the City Representative of applicable environmental requirements at the Pre-Construction Conference prior to accessing or performing work in the project construction work limits.

B. Site Activities

1. Timing and schedule restrictions: Refer to Section 01 14 00 Work Restrictions.

2. No debris, soil, silt, sand, bark, slash, sawdust, asphalt, rubbish, paint, oil, cement, concrete or washings thereof, oil or petroleum products, or other organic or earthen materials from construction activities shall be allowed to enter into storm drains or surface waters or be placed where it may be washed by rainfall or runoff outside the construction limits.

When operations are completed, excess materials or debris shall be removed from the work area in accordance with all applicable regulations.

3. Excess material shall be disposed of in locations approved by the City Representative consistent with all applicable legal requirements and disposal facility permits.

4. Do not create a nuisance or pollution as defined in the California Water Code. Do not cause a violation of any applicable water quality standards for receiving waters adopted by the California Central Coast Regional Water Quality Control Board or the State Water Resources Control Board, as required by the Clean Water Act.

5. Clean up all spills and immediately notify the City Representative in the event of a pollutant or potential pollutant spill. Spill kits to be ready and available on site at all times.

6. Stationary equipment such as motors, pumps, and generators, shall be equipped with drip pans.

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7. Divert or otherwise control surface water and waters flowing from existing projects, structures, or surrounding areas from coming onto the work and staging areas. The method of diversions or control shall be adequate to ensure the safety of stored materials and of personnel using these areas. Following completion of Work, ditches, dikes, or other ground alterations made by the Contractor shall be removed and the ground surfaces shall be returned to their former condition, or as near as practicable, in the City Representative’s opinion.

8. Maintain construction sites to ensure that drainage from these sites will minimize erosion of stockpiled or stored materials and the adjacent native soil material.

9. Furnish all labor, equipment, and means required and carry out effective measures wherever, and as often as necessary, to prevent Contractor’s operations from causing visible dust emissions to leave the work areas.

These measures shall include, but are not limited to, providing additional watering equipment, reducing vehicle speeds on haul roads, restricting traffic on haul roads, covering haul vehicles, and applying a City Representative approved, environmentally safe, dust palliative to welltraveled haul roads. The Contractor shall be responsible for damage resulting from dust originating from its operations. The dust abatement measures shall be continued for the duration of the Contract. Water the site in the morning and evening, as necessary, and clean vehicles leaving the site as necessary to prevent the transportation of dust and dirt (and invasive species) onto public roads. Dust control involving water shall be done in such a manner as to minimize waste and runoff from the site.

10. Furnish all labor, equipment, and means required to prevent excessive noise from Work activities.

11. Comply with all local noise ordinances, including limiting temporary increases in ambient noise levels during construction, including vehicle backup alarms, to 75 dBA during daytime and 60 dBA during nighttime at adjacent private property lines per Santa Cruz County Municipal Code Chapter 8.30 (Noise). Limit any transient ground borne vibrations from the use of controlled detonation to 0.24 inches per second peak particle velocity at nearby private residences.

12. All construction equipment shall be properly serviced and maintained in good operating condition to reduce emissions. Contractor shall make copies of equipment service logs available upon request.

13. Any chemical or hazardous material used in the performance of the Work shall be handled, stored, applied, and disposed of consistent with all applicable federal, state, and local laws and regulations. All hazardous or toxic materials that could be deleterious to aquatic life that could be

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Test Site Preparation and Monitoring Well 01 41 33 - 4 Environmental Regulatory Requirements washed into State waters or their tributaries shall be contained in water tight containers or removed from the project site. Contractor shall prevent concrete dust from entering stream flow at any time.

14. Contaminated materials excavated and removed from the construction area shall be disposed of consistent with all applicable local, state, and federal laws and regulations. Contractor shall clean all vehicle tires for invasive species when entering and leaving the work site.

15. Construction equipment, building materials, fuels, lubricants and solvents shall not be stockpiled or stored where contaminants could be washed into State waters or where they will cover aquatic or riparian vegetation.

16. Contractor must follow the City’s Integrated Pest Management (IPM) policy for herbicides or pest management. Use of Pesticides Containing Glyphosate for Weed Abatement is prohibited.

17. The Contractor shall limit vehicles speeds to 15 MPH when onsite regardless if hauling material or not. Construction zone speed limit at the construction site is 15 MPH.

1.03 DEFINITIONS
A. Hazardous waste: A waste or combination of wastes as defined in 40 CFR 261.3, or regulated as hazardous waste in California pursuant to Chapter 11, Division 4.5, Title 22, California Code of Regulations, and Chapter 6.5, Division 20, California Health and Safety Code, or those substances defined as hazardous wastes in 49 CFR 171.8.

PART 2 - NOT USED
PART 3 - EXECUTION

3.01 WATER DISCHARGE/CONTROL
A. The contractor shall comply with the NPDES Discharge Permit from California Central Coast Regional Water Quality Control Board for Drinking Water System Discharges referenced in Exhibit A, Technical Provisions Section 107.

3.02 WASTE DISPOSAL
A. Contractor shall be responsible for all costs of disposal of construction and demolition waste material and liquid wastes generated by Contractor’s work.

B. Contractor shall be responsible to properly contain, remove, and dispose of waste regularly to avoid attracting wildlife.

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Test Site Preparation and Monitoring Well 01 41 33 - 5 Environmental Regulatory Requirements C. Transport and dispose of materials in accordance with all local, state, and federal laws, rules, and regulations.

3.03 EMISSIONS CONTROL
A. Air Quality and Emissions Control

1. During the performance of the work, the Contractor must comply with all of the best management practices for air quality control listed in Exhibit E.

2. The Contractor shall utilize line power instead of diesel generators at all construction sites where line power is available.

3. The Contractor shall ensure that for operation of any stationary, compression-ignition engines as part of construction, comply with Section 93115, Title 17, California Code of Regulations, Airborne Toxic Control Measure for Stationary Compression Ignition Engines, which specifies fuel and fuel additive requirements as well as emission standards.

4. Fixed temporary sources of air emissions (such as portable pumps, compressors, generators, etc.) shall be electrically powered unless the Contractor submits documentation and receives approval from the City Representative that the use of such equipment is not practical, feasible, or available. All portable engines and equipment units used as part of construction shall be properly registered with the California Air Resources Board or otherwise permitted by the appropriate local air district, as required.

5. Contractor shall implement standard air emissions controls such as:
(a) Minimize the use of diesel generators where possible. (b) Limit idling of off-road compression ignition vehicles to 5 minutes or less per regulation Title 13 Section 2455 CCR.
(c) Minimize unnecessary idling of mobile construction equipment. (d) Follow applicable regulations for fuel, fuel additives, and emission standards for stationary, diesel-fueled engines.
(e) Perform regular low-emission tune-ups on all construction equipment, particularly haul trucks and earthwork equipment.

6. Contractor shall implement the following measures to reduce greenhouse gas emissions from fuel combustion:

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Test Site Preparation and Monitoring Well 01 41 33 - 6 Environmental Regulatory Requirements (a) On road and off-road vehicle tire pressures shall be maintained to manufacturer specifications. Tires shall be checked and re-inflated at regular intervals.
(b) Construction equipment engines shall be maintained to manufacturer’s specifications.
(c) Demolition debris shall be recycled for reuse to the extent feasible (excluding wood treated with preservatives).

3.04 NOISE CONTROL
A. Comply with sound control and noise level rules, regulations and ordinances as required herein and in the CEQA documents which apply to any work performed pursuant to the contract. Contractor is responsible for taking appropriate measures, including muffling of equipment, selecting quieter equipment, erecting noise barriers, modifying work operations, and other mitigations as needed to bring construction noise into compliance.

B. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

C. Best available noise control techniques (including mufflers, intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds) shall be used for all equipment and trucks, as necessary.

D. Truck operations (haul trucks and concrete delivery trucks) will be limited to the hours specified in Section 01 14 00 Work Restrictions.

3.05 PROTECTION OF TREES TO REMAIN
A. Tree Protection shall be implemented for all trees in proximity to construction operations. Appropriate buffer distances shall be identified by the City and implemented by the Contractor to ensure the root zones and canopies of residual trees are not damaged during construction activities. Any trees that are damaged or die during construction are the responsibility of the Contractor to replace.

B. Tools and equipment used in tree and vegetation trimming, clearing, and removal shall be sanitized before use on the project site to prevent pathogen spread.

C. Neatly trim or cut injured portions of any damaged branches, limbs, and roots smoothly and neatly without splitting or crushing.

D. Tree sealers, grafting wax, or similar products shall not be used.

END OF SECTION

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Aquifer Storage and Recovery Beltz 9 Pilot Exhibit A – Technical Provisions Test Site Preparation and Monitoring Well

EXHIBIT A

TECHNICAL PROVISIONS
Exhibit Follows

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SANTA CRUZ WATER DEPARTMENT
BELTZ 9 ASR PILOT TEST PROJECT

TECHNICAL PROVISIONS
Section 100 - Intent of Contract Documents
Section 101 - Purpose
Section 102 - Location
Section 103 - Local Conditions and Geology
Section 104 - Qualifications of Contractor
Section 105 - Construction Schedule
Section 106 - Overview of Work to be Done
Section 107 - Other Work Required
Section 108 - Services Provided to Contractor
Section 109 - Water Supply for Construction

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SECTION 100 - INTENT OF CONTRACT DOCUMENTS
It is the intent of the Contract Documents to provide the Santa Cruz Water Department (SCWD) with 1) a monitoring well at the Beltz 9 well site, 2) preparation of the Beltz 9 well for an aquifer storage and recovery (ASR) pilot test program, and 3) the installation of temporary ASR facilities in the well and at the site to facilitate the ASR pilot test.

SECTION 101 - PURPOSE
The purpose of the project is to prepare the existing Beltz 9 municipal production well for ASR pilot testing and to install temporary equipment in the well and an above-ground injection piping system at the site to allow ASR pilot testing to be performed. The monitoring well will be used to collect water-level and water-quality data in the aquifer system during the ASR testing of the well. The information developed during the ASR pilot test program will be utilized by the SCWD to evaluate the Beltz 9 well as a potential permanent ASR well to increase community water supplies.

SECTION 102 - LOCATION
The site is located on 30th Ave in the Live Oak area of Santa Cruz County as shown in Figure 1. It will be the responsibility of the Contractor to have inspected the site and to make provisions for physically moving onto and off the site with personnel, equipment and supplies, and material.

SECTION 103 - SITE CONDITIONS AND GEOLOGY
The Beltz 9 well site is located in the western portion of the Santa Cruz Mid-County Groundwater Basin (MGB). The Purisima Aquifer constitutes the western portion of the MGB.

The hydrogeology of the Purisima Aquifer has been documented in detail in reports prepared by the United Stated Geological Survey (USGS), the California Department of Water Resources (DWR), and various individual consultants and consulting firms. These documents describe the stratigraphy, structure, and hydraulic characteristics of the regional aquifer systems. The most recent comprehensive study was prepared for the Soquel Creek Water SCWD (SqCWD) by Johnson, et al, (2004), which synthesizes more than 35 years of previous investigations and forms the primary basis for the description presented herein.

As described, the Purisima Aquifer consists of several distinct zones within the geologic Purisima Formation (Tp). The Purisima Formation is a consolidated to semi-consolidated marine sandstone with siltstone and claystone interbeds and an uneroded thickness of approximately 2,000 feet. The Purisima Aquifer has been subdivided by Johnson (2004) into hydrostratigraphic units (from youngest to oldest, Aquifer Units F through Tu) for purposes of conceptualizing the distribution of hydrogeologic properties and pumping stresses. Underlying the Purisima Formation are older sedimentary formations, the presence of which varies depending on location.

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The hydrostratigraphy of the Beltz 9 site is well established from the lithologic and geophysical logs for the well suggests the following stratigraphic interpretation:

Table 1. Site Hydrostratigraphy
Hydrostratigraphic
Unit1
Depth
(feet bgs)
Thickness
(feet)
Terrace Deposits 0 – 15 15
A Aquifer Unit 15 – 200 185
AA Aquifer Unit 185 – 240* 55+
Notes:
1 – Designations based on Johnson (2004)
* - Total depth of borehole
Due to the dip in the formation, only remnants of the Purisima Formations lower-most strata occur within the SCWD service area, and the younger Aquifers F through B stratigraphic units are not present at the Beltz 9 well site.

The Beltz 9 well was drilled and constructed in 1998 by Maggiora Bros. Drilling under the supervision of Fugro West, Inc. An as-built schematic of the well is presented on Figure 2 and a summary of the as-built well construction features of the well is presented below in Table 2:

Table 2. As-Built Well Construction Summary
Design Feature As-Built Comment
Total Well Depth (ft bgs) 230
Seal Depth (ft bgs) 90 10.5-sack cement sand slurry
Casing Material Mild Steel x
Stainless Steel 14-inch Blank and Screen
Screen Interval (ft bgs) 110 – 200 A Unit
Total Screen Length (feet) 90
Perforation Aperture 0.040-inch slots Stainless Steel Wire-Wrapped Gravel Pack (gradation) 8 x 20 RMC Lonestar Lapis Lustre Sand Cellar Section (ft bgs) 200 - 230
The well is equipped with a 40-HP submersible pump assembly set on 6-inch-diameter Certa-Lok PVC drop pipe. The existing electrical service at the site consists of 200-amp service with a variable frequency drive (VFD) rated for 40 HP.

SECTION 104 - QUALIFICATIONS OF THE CONTRACTOR
Bidders shall hold a valid Class C-57 California Contractor's License. Concurrent with the bid submittal, the contractor will submit a list of monitoring wells he has constructed that

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measure at least 250 feet in depth and which are of similar diameter and design as the well to be constructed for the SCWD in the past 5 years. Contractor also shall have a minimum of 5 years of experience in well servicing and rehabilitation work. The list shall include the construction dates of these monitoring wells and the dates of the well servicing projects.

The monitoring well will be drilled by the direct-rotary drilling method with drilling equipment of sufficient capacity to drill the holes required by these specifications to a depth of approximately 250 feet. All drilling equipment including mast and drawworks, air compressors, drilling fluid pumps, drill pipe, etc., must be of requisite size, sufficient capacity, and suitable condition to drill and set casing to the anticipated depths. The drill rig utilized must have the ability to fully lift and land the anticipated casing loads without the use of float plugs or other similar methods.

Equipment necessary for preparing the existing Beltz 9 well for ASR pilot testing shall include, but not be limited to, the following items:
• Pump rig capable of lifting the bailer or surge block at a minimum velocity of 3 feet/second at the bottom of the well
• Fishing (debris retrieval) tools (as necessary)
• 14-inch-nominal-diameter Nylon brush block (weighted) • 14-inch-nominal-diameter by 10-foot separation, dual-swab isolation tool with airlift pumping capability. • Portable storage tank(s) (e.g., 5,000-gallon “low-boy” tank) for temporary storage and solids settling of well discharge water
• Pump(s) for transferring fluids from tanks to connection to existing raw water pipeline at the Beltz 9 well head discharge piping
• Temporary piping and valves for well pump discharge and storage tank piping The Contractor shall be solely responsible for the condition of his equipment and shall maintain an inventory of necessary spare parts for the timely repair of equipment in the event of a failure or breakdown. No payment shall be made for standby time or equipment rental caused by a breakdown or failure of the Contractor's equipment.

SECTION 105 - CONSTRUCTION SCHEDULE
It is anticipated that the SCWD will issue notice-to-proceed (NTP) on or about August 15, 2023. The Contractor shall begin work within fourteen (14) calendar days of receipt of NTP and shall not begin work before September 1, 2023. Completion of the monitoring well must be accomplished within thirty-five (35) calendar days following receipt of NTP and well rehabilitation completed within 50 calendar days of NTP. All of the remaining work is to be completed within two hundred (200) calendar days of NTP.

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The Contractor shall perform work on an approximate 8-hour per day schedule, between the hours of 8 a.m. and 5 p.m., Monday through Friday, and without significant delays.

Monitoring well drilling operations are anticipated to begin in early September 2023 and the project's total construction time is estimated to be 200 calendar days. It is understood that the Contractor will anticipate any adverse weather conditions and will take the necessary measures to ensure that work will progress to the completion of the project.

A construction schedule must be submitted with the bid for review by the SCWD for the bid to be considered responsive.

SECTION 106 - OVERVIEW OF WORK TO BE DONE
Work includes the furnishing of all materials, labor, equipment, fuel, tools, transportation, and services for drilling, construction, development, temporary fluid storage and conditioning facilities necessary to complete the work outlined in these specifications and as directed by the Owner’s Technical Representative (OTR).

Monitoring Well
While the final design of the monitoring well may change, the general work required applicable to the project include:

1. Acquisition of a well drilling permit from the Santa Cruz County Environmental Health Services Agency;

2. Mobilize equipment and materials to the site;

3. Installation of a 16-in-dia conductor casing to a depth of 20 feet;

4. Pilot hole drilling;

5. Geophysical logging;

6. Monitoring well construction (casing installation, gravel packing, and placement of annular seal);

7. Development of the monitoring well by air-lifting pumping;

8. Installation of a traffic-rated, water-tight manhole, and;

9. Site clean-up and de-mobilization of equipment and materials from the site.

The desired location for the monitoring well at the site is shown on Figure 3 and preliminary design schematic of the Beltz 9 MW is shown on Figure 4 The tentative well design features of the subject wells are presented in the table below:

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Item Beltz 9 MW
Pilot Hole Depth, ft bgs 215
Casing Depth, ft bgs 210
Casing Material/Diameter 2 in, Sch. 40 PVC
Screen Interval, ft bgs 110 – 200
Gravel Pack Interval, ft bgs 90 – 215
Annular Seal Depth, ft bgs 90
Preparation of Beltz 9 for ASR
The downhole preparation (i.e., mechanical cleaning or “rehabilitation”) of the existing Beltz 9 well for ASR testing generally consists of the following:

1. Removal of the existing SCWD pump and appurtenances from the well for cleaning, inspection and temporary storage

2. Pre-rehabilitation video surveying

3. Nylon brushing the well screen

4. Bailing the well to bottom

5. Simultaneous air-lift pumping/swabbing of the well screen

6. Post-rehabilitation acceptance video surveying
Temporary ASR Pilot Test Setup
The Temporary ASR Pilot Test Setup work generally consists of the following:

1. Fabrication of temporary well head seal plate

2. Installation of test pump, temporary MCC, injection drop tubes, and related appurtenances

3. Well disinfection

4. Installation of temporary injection and discharge piping, valving and metering

5. Rental of test equipment for a period of approximately 6 months

6. Removal of temporary pump, piping, valving, metering, etc.

7. Reinstallation of SCWD permanent pump, piping and appurtenances into the well

8. Well disinfection

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SECTION 107 - OTHER WORK REQUIRED
Compliance with Applicable Laws and Regulations
The Contractor shall perform all work in strict accordance with all Federal, State, and local regulations, including those applying to the handling, transportation, and disposal of chemicals used or produced on the project. Contractor shall also obtain all permits required for the performance of the work outlined in these specifications.

Safety
Job site safety, both during and after working hours, is the sole responsibility of the Contractor. The Contractor, his employees and subcontractors shall be familiar with and comply with all applicable safety regulations and guidelines relating to the transportation, handling, and disposal of any chemicals to be utilized for the work as well as other aspects of the work, including electrical and mechanical safety guidelines and regulations. The Contractor shall also provide for and ensure public safety around the site both during and after work hours.

The Contractor shall notify local fire department or emergency response agencies of the nature, quantity, and location of chemicals used during the project work (as applicable). Contractor must comply with all City Safety requirements.

Underground Services Alert (USA)
The Contractor shall contact Underground Services Alert (USA) at least 3 days prior to any drilling or excavation at either of the sites.

Best Management Practices
The Contractor shall implement, install, and maintain Best Management Practices (BMPs) for the control of nuisance water and storm water. The BMPs shall be adequate to prevent erosion and runoff of sediment laden water from the work sites. The BMPs shall also be adequate to prevent the accidental release of nuisance water or drilling fluids from the sites, and shall include, but not be limited to, the use of waddles, sandbags, and pumps. The BMPs for the project shall be submitted to and approved by the OTR prior to mobilization.

Drilling Fluids and Cuttings Handling
The Contractor may temporarily store drill cuttings onsite provided that the cuttings are contained in leak-proof, portable containers/bins. Drilling fluids and development water may also be temporarily contained onsite.

The Contractor shall arrange for the transport and legal disposal offsite of all drilling fluids, drill cuttings, and turbid fluids produced during the initial stages of well development.

Proper documentation for cuttings/fluid transport and disposal shall be provided to the OTR.

Testing fees associated with the legal disposal of cuttings/fluids are the responsibility of the Contractor.

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Discharge Water
Project discharges will be directed to the existing 8-in-dia Raw Water Pipeline that conveys discharge water from Beltz 9 to the Beltz Water Treatment Plant (WTP), located on 38th Avenue as shown on Figure 5. As shown, the Raw Water Pipeline distance from the Beltz 9 site to the Beltz WTP site is approximately 3,500 feet. Turbid fluids from the development of the monitoring well and rehabilitation of the Beltz 9 well will be directed to an existing 70,000-gallon Reclaim Tank located at the WTP site for disposal via the sanitary sewer system. This tank drains at approximately 75 gpm to the sanitary sewer.

Development fluids from the monitoring well will be directed to temporary holding tanks (e.g., “low-boy” tanks) to allow settlement of solids prior to discharge of decanted water to the designated discharge location. A minimum of one internally baffled, approximate 5,000-gallon capacity tank shall be used to maximize the settling of solids prior to discharge of the decanted fluids to the designated location. The Contractor shall provide and install piping from the temporary holding tanks to designated discharge location and a transfer pump of sufficient production capacity and horsepower to convey discharge water during monitoring well development and Beltz 9 rehabilitation to the Beltz WTP Reclaim Tank via the Raw Water Pipeline.

It shall also be the Contractor’s responsibility to comply with all requirements of the Statewide General NPDES Permit for Drinking Water System Discharges (SWRCB Order WQ 2014-0194-DWQ, General Order No. CAG 140001), available for download here:
https://www.waterboards.ca.gov/water_issues/programs/npdes/docs/drinkingwater/final_ statewide_wqo2014_0194_dwq.pdf
The City has filed a Notice-of-Intent (NOI) to discharge and has been enrolled under the General Discharge Permit. Only discharges meeting the NPDES requirements shall be discharged to storm drain system, which will be dependent on both the discharge water and receiving water conditions. The OTR will routinely monitor project discharges and the receiving water conditions for compliance with the NPDES requirements during the project. Under no circumstances shall discharges occur to the storm drain system without the approval of the OTR.

Turbidity Waters shall be free of changes in turbidity that cause nuisance or adversely affect beneficial uses. Increase in turbidity attributable to controllable water quality factors shall not exceed the following limits:

1. Where natural turbidity is between 0 and 50 Nephelometric Turbidity Units (NTU), increases shall not exceed 20 percent.

2. Where natural turbidity is between 50 and 100 NTU, increases shall not exceed 10 NTU.

3. Where natural turbidity is greater than 100 NTU, increases shall not exceed 10 percent. Allowable zones of dilution within which higher concentrations will be tolerated will be defined for each discharge in discharge permits.

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City staff will be responsible for turning valves in raw water pipeline to allow water to flow to the storm drain or the BWTP Reclaim Tank. Contractor shall provide 48-hour notice to City of need to turn valves. To the best of the Contractor’s ability, the construction schedule shall state when water will be discharged to storm drain or Reclaim tank.

For discharges to the storm drain, the Contractor shall provide:
• 7 days’ notice to the City, if the discharge will likely be over one acre-foot. The City will notify the County and Regional Board as required by the permit no less than 3 days before beginning discharge. Contractor’s notice to the City shall include start date, the location of discharge and receiving water, estimated volume, and reasons for discharge.
• BMPs to be in place to address turbidity (per Section IV.A.2 on p. 14). Will the discharge be
• Monitoring will be required for chlorine (grab sample), volume (estimate), and turbidity.

For discharges to the Reclaim Tank and sanitary sewer, the Contractor shall provide:
• 7 days notice to the City. Contractor’s notice to the City shall include start date, estimated volume or number of days, and reasons for discharge.

SECTION 108 - SERVICES FURNISHED BY SCWD
Upon completion of the geophysical survey, the OTR shall confirm the final well design to the Contractor. This shall include total casing depth and well screen placement, gravel pack design, and the depth of cement seal.

The SCWD will conduct an active public information effort to keep neighbors informed of project status and respond to neighborhood concerns. Neighbors will be provided with telephone numbers for contacting SCWD staff and the OTR. Contractor should not communicate to public directly. Refer them to SCWD staff.

SECTION 109 - WATER SUPPLY FOR CONSTRUCTION
Water supply for well drilling and construction will be made available by the SCWD from an existing hydrant and backflow preventer (BFP) located on the site. Follow the process described in General Specifications. The Contractor is responsible for conveyance of water to point of use.

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SANTA CRUZ WATER DEPARTMENT
BELTZ 9 ASR PILOT TEST PROJECT

CONSTRUCTION MATERIALS AND METHODS

MONITORING WELL
Section 201 - Mobilization
Section 202 - Conductor (Surface) Casing
Section 203 - Pilot Bore Drilling
Section 204 - Geophysical Logging
Section 205 - Well Casings and Screens
Section 206 - Gravel Pack
Section 207 - Cement Grout
Section 208 - Fluid and Cuttings Disposal
Section 209 - Well Development
Section 210 - Wellhead Completion
Section 211 - Site Cleanup
Section 212 - Standby Time

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SECTION 201 – MOBILIZATION - BID ITEM NO. 1

SCOPE OF WORK
Mobilization shall consist of all preparatory work and materials necessary for construction operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; control of water; site leveling; and all other facilities necessary for work on the project and for all other work and operations which must be performed, or cost incurred prior to beginning work on the various Contract items on the project site.

MATERIALS AND METHODS
The Contractor shall provide a complete drilling unit, all tools, accessories, power, fuel, materials, supplies, lighting, tanks, piping, and other equipment and experienced personnel necessary to conduct efficient drilling operations. The drilling unit shall be in good condition and of such capacity as to drill the hole and complete a well as required by these Specifications to a depth of approximately 250 feet. All equipment shall be cleaned prior to mobilization to prevent potential cross-contamination from previous projects on which the equipment was used. The cleaning shall also remove vegetation and soil from equipment to prevent non-native seed and plant transfer.

SUBMITTALS, TESTING, AND MEASUREMENT
Not applicable.

PAYMENT
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work required for mobilization shall be included in the lump sum price bid for “Mobilization”, Bid Item No. 1.

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SECTION 202 - CONDUCTOR (SURFACE) CASING - BID ITEM NO. 2

SCOPE OF WORK
The Contractor shall furnish all equipment, material, and work necessary to install the surface conductor casing as shown on Figure 4 and specified herein. The conductor casing will provide near surface hole stability and conduct drilling fluids and cuttings to the surface.

MATERIALS
The conductor casing shall be 0.25-inches thick, with an outside diameter of 14-inches, set to a minimum depth of 20 feet. The conductor casing shall be manufactured in accordance with ASTM Designation A-139, Grade B, without copper. The boring for the conductor casing shall be a minimum diameter of 20-inches.

PLACEMENT
Field joints shall be welded either collared or butt welded. Centering guides shall be welded to the conductor casing with a minimum of two sets of guides (one near the bottom and one near the top). Each set will consist of three guides equally spaced circumferentially.

After the conductor casing has been installed, it shall be sealed by filling the annular space between the hole and the conductor casing by means of a grout pipe with standard pumping mix concrete (minimum, 10 sack mix). The seal will be considered to be sufficiently emplaced when the concrete is visible at the surface. After cementing operations are completed, the concrete shall be left undisturbed for a period of not less than 24 hours before drilling is resumed. The final depth of the concrete within the annulus shall be no shallower than 18 inches below ground surface to accommodate the placement of the well enclosure.

SUBMITTALS AND TESTING
Not applicable.

MEASUREMENT
For the purpose of payment for the conductor casing, measurements shall be made on a linearfoot basis.

PAYMENT
Full compensation for doing all work and furnishing all materials necessary to manufacture, deliver, and install the 14-inch surface conductor casing as shown on Figure 4 shall be included in the unit price bid per linear foot for "Conductor (Surface) Casing" - Bid Item No. 2.

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SECTION 203 - PILOT BORE DRILLING - BID ITEM NO. 3

SCOPE OF WORK
The Contractor shall furnish and provide all work, equipment, and materials necessary to complete the drilling of an 10 7/8-inch-diameter pilot bore at the well site to a depth of approximately 215 feet below ground surface. The boring for the monitoring well shall be cleaned and conditioned sufficiently to allow for the easy and clear installation of the monitoring well casing and screen. Borehole cleaning and conditioning may include performance of a “wiper” run, and/or reaming, as necessary, which shall be provided at no additional cost to the SCWD.

MATERIALS
The Contractor must provide to the OTR a description of the drilling equipment and fluids to be used prior to mobilization. The drilling fluid shall possess such characteristics as are required to adequately maintain the walls of the hole to prevent caving of the hole as drilling progresses and to permit recovery of representative samples of cuttings. The drilling fluid shall possess such characteristics that it can be readily removed from the hole during the placement of the gravel pack and during development of the well. The drilling fluid shall be a clay-based bentonite system, with appropriate additives as needed.

METHOD
Surface containment (i.e., tanks and/or bins) of drilling fluids and drill cuttings will be required.

Cuttings shall be removed from the site as necessary and disposed of in accordance with Section 107. Mechanical separation must be utilized to remove all but the finest of drill cuttings from the drilling fluid. Mechanical separation shall include, at a minimum, a shale shaker and de-sanders capable of handling a minimum of 125 percent of the circulating capacity of the fluid system. This equipment must keep sand content below two percent in the drilling fluid at all times during the drilling process. It is the Contractor’s sole responsibility to ensure that the sizing and configuration of the fluid system and settling tanks are adequate to meet the drilling fluid properties outlined below:

The Contractor must provide at the drilling site at all times Standard API measurement devices in proper working order to determine the following drilling fluid properties:
• Drilling fluid weight
• Drilling fluid viscosity
• Drilling fluid sand content
• 30-minute water loss/filter cake
The above properties of the drilling fluid entering the mud pump or leaving the circulation tank must be recorded by the contractor at a minimum of 100-foot intervals or every 4 hours during

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the drilling of the pilot hole. The drilling fluid shall have the following properties in accordance with API Code RP 13B (or recent modification) "Recommended Standard Procedures for Testing Drilling Fluids."
For clay-based bentonite fluid systems, the following properties shall be maintained.

1. Weight - a maximum of 9.5 pounds per gallon during all aspects of drilling.

2. Marsh Funnel Viscosity – a minimum of 38 seconds and a maximum of 50 seconds during all aspects of drilling.

3. Sand Content - a maximum of two percent by volume during all aspects of drilling.

4. Water Loss - a maximum of 15 ml. Wall cake thickness shall be no greater than 3/32-inch.

The Contractor must keep records providing the following information for the well:

1. A log of drilling bit types and depths at which drill bit changes are made.

2. A log of the cuttings, providing the depths and descriptions of the earth materials encountered. The Contractor shall collect cutting samples at 10-foot intervals during the drilling of the pilot boring. Samples shall be placed in "zip-lock" plastic bags and labeled with well name, sample depth interval, and date.

All measurements for depths shall be referenced to existing ground surface at the well site. All drilling records shall be delivered to the OTR upon completion of the well.

Upon completion of the pilot bore, a geophysical log of the bore hole will be conducted. The geophysical log will be used to develop the final design elements of the well. The OTR may authorize additional pilot boring upon review of the geophysical log. The geophysical logging is described in Section 204.

SUBMITTALS
The drilling equipment, drilling fluid system, and proposed drilling fluid additives shall be provided to the OTR prior to mobilization. Upon completion of the pilot hole drilling, the Contractor shall submit to the OTR the following information:

1. A log of drilling bit types and depths at which drill bit changes are made.

2. A log of the cuttings, and all samples collected during the pilot drilling.

3. A log of drilling fluid test results, and a log listing the types and amounts of drilling fluid additives used, with corresponding times and depths, and drilling fluid changes.

All measurements for depths shall be referenced to existing ground surface at the well site. All drilling records shall be delivered to the OTR upon completion of the well.

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TESTING
Testing for fluids as described above shall be performed.

MEASUREMENT
For the purpose of payment for pilot hole drilling, measurements shall be made on a linear-foot basis, starting at the base of the surface conductor casing.

PAYMENT
Full compensation for doing all work and furnishing all labor, materials, and tools necessary to complete pilot bore drilling to a depth of up to 215 feet as specified in these Specifications shall be included in the unit price bid per linear foot for “Pilot Bore Drilling” - Bid Item No. 3.

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SECTION 204 - GEOPHYSICAL LOGGING - BID ITEM NO. 4

SCOPE OF WORK
The Contractor shall furnish all equipment, materials, and work necessary to perform geophysical logs in the pilot bore as specified herein. The geophysical logs to be performed include spontaneous potential, resistivity and natural gamma surveys.

MATERIALS
Not applicable.

METHOD
The Contractor shall furnish services for geophysically logging the pilot hole. Borehole geophysical logs, consisting of spontaneous potential, 16- and 64-inch resistivity surveys, and a natural gamma survey, all in API format, shall be made of the pilot bore by the Contractor as directed by the OTR. Standby time will not be paid for additional cleaning and conditioning of the hole to enable logging operations to proceed.

SUBMITTALS
The Contractor shall provide four field and six final copies of the geophysical log. In addition, the geophysical log shall be provided to the OTR via CD or portable memory drive in a Microsoft Excel compatible format and a PDF format.

TESTING
If the logging probe fails to descend to the desired depth, the Contractor, at his own expense, shall condition the hole to permit the logging probe to descend to the bottom of the hole.

MEASUREMENT
Not applicable.

PAYMENT
Full compensation for all labor, tools, equipment and insurance, and doing all work necessary and incidental to complete the task of Geophysical Logging, including standby time as specified in these Specifications shall be included in the lump sum price for “Geophysical Logging” - Bid Item No. 4.

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SECTION 205 - WELL CASINGS AND SCREENS - BID ITEM NOS. 5.1 THROUGH 5.3

SCOPE OF WORK
The Contractor shall furnish all materials and work necessary to manufacture, deliver, and install the blank well casing, the well screen, and the cellar pipe with end cap, as listed in the table below and shown on Figure 4, and in accordance with these Specifications.

Quantity
(Linear Feet) Item Bid Item No.
110 2-INCH-DIAMETER, SCHEDULE 40 PVC, BLANK CASING. 5.1 90 2-INCH-DIAMETER, SCHEDULE 40 PVC, WELL SCREEN, 0.040- INCH HORIZONTAL, MACHINE CUT SLOTS. 5.2
10 2-INCH-DIAMETER, SCHEDULE 40 PVC, BLANK CELLAR WITH
CAP. 5.3

MATERIALS AND PLACEMENT
The well casing and screen shall be flush-threaded and made from unplasticized PVC compounds having a minimum cell classification of 12454, as defined in ASTM D1784, and shall meet the test requirements set forth in ASTMF480. White pipe shall be supplied Upon completion of the pilot hole reaming and the installation of the construction tremie to the approximate well completion depth, the Contractor shall install the well screen and casing at intervals as determined by the OTR.

The casing and screen shall be plumb and shall be centered in the hole. Casing centralizers shall be attached directly to the casing immediately above and below the well screen, and at intervals of not more than 50 feet within the upper blank casing interval. The design and placement of the casing centralizers shall not create a tight hole condition. Centralizers shall not be composed of metallic materials and the centralizers must be approved by the OTR prior to installation.

The casing shall be suspended in tension from the surface by means of an appropriate hanger or clamp. The bottom of the casing shall be at a sufficient distance above the bottom of the reamed hole to ensure that none of the casing will be supported from the bottom of the hole.

The use of float plugs to land and set casing will not be permitted.

If, for any reason, the casing cannot be landed in the correct position or at a depth acceptable to the OTR, or any portion of the casing should collapse prior to well completion, the Contractor shall remove the casing from the borehole, perform a wiper run, and reinstall the casing to the desired depth. Alternatively, and should landing the casing continue to be unsuccessful, the

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Contractor shall construct another well immediately adjacent to the original location and complete this well in accordance with the specifications at no additional cost to SCWD. The abandoned hole shall be sealed in accordance with directions from the OTR and in accordance with any laws pertaining to proper well abandonment.

All work required to be repeated and all additional materials, labor, and equipment required, shall be furnished at the expense of the Contractor and no claim for additional compensation shall be made or be allowed, except as specifically provided herein.

The top of the casing will be provided with a cap at all times when personnel are not on the site.

SUBMITTALS
Prior to Mobilization, the Contractor shall provide to the OTR: the name of the casing manufacturer; the slot size and design (slot pattern, horizontal length of slots, the number of rows of slots circumferentially around the casing, the number of slots per linear foot of casing, the percent open area, etc.). The Contractor shall also describe to the OTR prior to mobilization the design and composition of the proposed centralizers.

TESTING
The depth of the well shall be measured using a wireline sounder, and recorded, once the casing has been landed.

MEASUREMENTS
For the purposes of payment, blank casing, well screen, and cellar measurements shall be per linear foot.

PAYMENT
Full compensation for doing all work and furnishing all materials necessary to manufacture, deliver, and install well casing and screens as shown on the drawings and as specified in the Specification shall be included in the unit price bid per linear foot for “2-in-dia PVC Blank Well Casing” - Bid Item No. 5.1; “2-in-dia PVC Well Screen” - Bid Item No. 5.2; and “2-in-dia PVC Cellar and Cap” - Bid Item No. 5.3.

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SECTION 206 - GRAVEL PACK - BID ITEM NO. 6

SCOPE OF WORK
The Contractor shall furnish all equipment, material and work necessary to install gravel pack in the annulus, adjacent (approximately) to the well screen, and generally placed as shown on Figure 4. The final determination of the interval to be gravel packed will be determined by the OTR following review of the information acquired during the pilot drilling.

MATERIALS
All gravel or coarse-grained sand for packing shall be hard, water worn, and washed clean of silt, fine sand, clay, and foreign matter. Crushed gravel will not be accepted. Gravel pack materials shall be rounded to well-rounded. No more than three percent, by weight, of the gravel shall be flat or elongated. Gravel shall be of the type provided by Premier Silica, RMC Lonestar, Silica Resources, or an approved equal. An approximate 8x16 gradation shall be used. The gravel pack material proposed for use by the Contractor shall be subject to the approval of the OTR prior to delivery to the site. The gravel pack material, if stockpiled at the well site, shall be in bags, supersacks, or otherwise protected and kept free of all foreign matter.

PLACEMENT
Prior to placement of the gravel pack in the well, the drilling fluid shall be thinned and balanced.

Gravel shall be installed in the annular space between the reamed hole and the well screen through a construction tremie pipe. During placement of the gravel, disinfectant (e.g., sodium hypochlorite) shall be added to the gravel at a uniform rate and in accordance with Bulletin 74-

81. Fluids displaced from the well casing and annulus during gravel packing operations shall be contained and disposed of as provided in Section 208. The final depth to the top of the gravel pack shall be verified by measurement with a sounding line, or other method acceptable to the OTR.

SUBMITTALS
A description of, a sample of, and a sieve analysis of the proposed gravel pack materials shall be provided to the OTR at the preconstruction meeting.

TESTING
Not applicable.

MEASUREMENTS
For the purpose of payment, the quantity of gravel shall be measured by the linear foot.

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PAYMENT
Full compensation for furnishing all labor, materials, tools, and equipment necessary to install the gravel pack as shown on Figure 4 shall be included in the unit price bid per linear-foot for "Gravel Pack" - Bid Item No. 6.

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SECTION 207 - CEMENT GROUT - BID ITEM NO. 7

SCOPE OF WORK
This item shall consist of providing and installing a cement grout annular seal for the well.

MATERIALS
Cement grout shall be composed of not more than 3 cubic feet of sand and 1 cubic foot (one sack) of Portland cement to 5 to 7 gallons (0.67 to 0.90 cubic feet) of clean water. This is typically considered to be a 10-sack Portland cement sand slurry mix when ordered from batching plants. Bentonite, to make the mix more fluid, reduce shrinkage, and slow the curing process to reduce heat, shall be used to a total of 5 percent (5%) of the volume of the cement.

With the use of 5 percent bentonite, water content can be increased to 8.2 gallons per sack of cement.

PLACEMENT
After verifying the depth to the top of the gravel pack, cement grout shall be placed in the annular space between the inner casing and the borehole from bottom to top by means of a tremie pipe. Cement grout material shall be placed by the positive displacement pumping method.

A grout pipe shall extend from the surface to the bottom of the zone to be grouted. Grout shall be placed from bottom to top in one continuous operation. The Contractor will be allowed to place the annular seal in stages, as the Contractor deems necessary, in order to minimize the potential for casing collapse. The grout pipe may be slowly raised as the grout is placed, but the discharge end of the grout pipe must be submerged in the emplaced grout at all times and maintained full to the surface during ongoing staged grouting operations. The Contractor may raise and flush the tremie pipe as he deems appropriate in between stages. The fluid level in the casing shall be maintained at the ground surface during cementing operations and throughout the curing period. After cementing, no work will be undertaken for a period of 24 hours. After the annular cement seal has cured, the depth of the well shall be sounded to verify that casing collapse has not occurred.

Fluids displaced from the annulus during sealing operations shall be contained and legally disposed of as provided in Section 208.

SUBMITTALS
Contractor shall provide the OTR cement batch plant documentation prior to installation of the cement grout.

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TESTING
Not applicable.

MEASUREMENT
For the purpose of payment, measurement for cement grout will be on a linear foot basis.

PAYMENT
Full compensation for furnishing all labor, materials, tools, and equipment necessary to install the cement grout as specified herein shall be included in the unit price bid for "Cement Grout" - Bid Item No. 7.

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SECTION 208 – FLUIDS & CUTTINGS CONTAINMENT & DISPOSAL - BID ITEM NO. 8

SCOPE OF WORK
During drilling, reaming, well construction, and well development, the Contractor shall provide for the temporary containment and storage of drilling fluids and drill cuttings. Drilling fluids, fluids displaced from the hole during construction, initial heavy development fluids (approximately 1 casing volume) and drill cuttings shall be hauled offsite and disposed of legally, either during the course of the project or upon completion of well development and as part of the site cleanup activities.

MATERIALS AND METHODS
Portable, temporary, leak proof containment vessels shall be used for drilling fluids and cuttings.

Temporary containment of fluids and cuttings within ‘bermed’ areas on the ground surface will not be allowed. Drill cuttings and fluids shall be legally disposed of offsite.

SUBMITTALS, TESTING, AND MEASUREMENT
Not applicable.

PAYMENT
Full compensation of all labor, tools, equipment, and other costs required to complete the task of Fluid and Cuttings Containment and Disposal as specified in these Specifications shall be included in the lump sum price for " Fluid and Cuttings Containment and Disposal " - Bid Item No. 8.

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SECTION 209 - WELL DEVELOPMENT - BID ITEM NO. 9

SCOPE OF WORK
This item shall consist of swabbing, air-lift pumping, and bailing to remove drilling fluids and cuttings, develop the gravel pack, and provide for the collection of clean, representative samples from the monitoring well.

MATERIALS
Materials for well development shall include but not be limited to: a bailer; a line swab tool; airlift tubing; discharge piping or hoses for the conveyance of development water at the surface; and a suitably sized air compressor.

METHOD
Following a minimum 24-hour period after sealing, the well will be developed by air-lifting and swabbing. Development shall consist of alternating airlifting and line swabbing, as directed by the OTR. The well shall be considered thoroughly developed when it produces at maximum discharge, based on the depth and nature of the strata screened, and discharge is clear (turbidity less than 5 NTU).

Development fluids from the well will be directed to a temporary containment tank(s). The tank(s) shall be internally baffled to maximize the settling of solids. Contractor shall ensure that the sizing and configuration of settling tanks is fully adequate to reduce the turbidity of the water and the amount of suspended and settleable solids in the water to the satisfaction of the OTR.

The initial, heavy fluids produced during the early stages of development shall be contained and disposed of as specified in Section 208. Water produced during the subsequent stages of development shall be placed in the onsite tank and allowed to settle prior to discharge to the Raw Water Pipeline and disposal the Reclaim Tank at the Beltz WTP (for eventual disposal in the sanitary sewer).

TESTING, SUBMITTALS, AND MEASUREMENT
Not applicable.

PAYMENT
Full compensation for furnishing all labor, materials, tools, and equipment necessary for well development shall be included in the unit bid price for "Development of Well" - Bid Item No. 9.

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SECTION 210 - WELLHEAD COMPLETION - BID ITEM NO. 10

SCOPE OF WORK
The Contractor shall furnish all materials, equipment, and work necessary to construct a wellhead foundation and well vault/cover.

MATERIALS AND PLACEMENT
The Contractor shall provide and install a Morrison Watertight 12" x 12" Limited Access Manhole (or an OTR approved equal), with a bolt down lid. The monitoring well casing shall be terminated approximately 4 inches below ground surface. The manhole shall be securely cemented into place and completed slightly above ground surface (as directed by the OTR) to prevent ponding around the well. The manhole shall be so installed as to permit easy access for instrumentation, monitoring, or sampling. A sufficient number of weep holes or a gravel drain shall be placed in the manhole subgrade so that any condensation or liquid is readily drained, thus preventing accumulation of water within the manhole.

The Contractor shall install a water-tight locking well cap to secure the monitoring well casing.

SUBMITTALS, TESTING, AND MEASUREMENT
Not applicable.

PAYMENT
Full compensation for furnishing all labor, materials, tools, and equipment necessary to provide for and install the wellhead completion features, as specified herein, shall be included in the lump sum price bid for "Wellhead Completion" - Bid Item No. 10.

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SECTION 211 - SITE CLEANUP - BID ITEM NO. 11

SCOPE OF WORK
This item shall consist of doing all work and furnishing all materials necessary to maintaining the well site in a professional manner during drilling, construction, and testing and restoring the site to predrilling conditions after work is completed.

METHOD
The Contractor shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the work. At completion of the work the Contractor shall remove all waste materials, rubbish and debris from and about the well site as well as all tools, construction equipment, fuel tanks, and machinery and surplus materials. The Contractor shall leave the site clean and ready for use by SCWD and shall restore to their original condition all temporary work areas. The Contractor is responsible for cleaning and restoring to the original condition the portions of the City streets where the mud, dirt, and debris may have accumulated as traffic exited the site. The Contractor is responsible for any damages to existing site facilities, pavement and properties adjacent to the well caused by drilling, construction, or well development activities associated with the work described herein.

The OTR will be the sole judge who determines when cleanup efforts can be considered to be sufficient and complete.

MATERIALS TESTING, SUBMITTALS, AND MEASUREMENT.

Not applicable.

PAYMENT
Full compensation for site cleanup as specified by these Specifications shall be included in the lump sum price for "Site Cleanup" - Bid Item No. 11.

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SECTION 212 – STANDBY TIME - BID ITEM NO. 12

SCOPE OF WORK
During the progress of drilling operations, it may be necessary for the OTR to perform work that will require the drilling crew and equipment to stand idle. In such event, the OTR shall request the Contractor in writing to cease operations and shall state the anticipated extent or duration thereof. The Contractor shall promptly furnish such assistance and cease operations.

PAYMENT
Payment for standby time will be paid on an hourly rate for Bid Item 12 in accordance with the actual hours approved by the OTR. In no case shall standby time be approved for Contractor equipment failures or delays caused by waiting for Contractor's equipment or materials deliveries.

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SECTION 300 - DOWNHOLE CLEANING / REHABILITATION OF BELTZ 9 WELL Section 301 - Background
Section 302 - Scope of Work
Section 303 - Cleaning / Rehabilitation Procedures
Section 304 - Measurement and Payment

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SECTION 301 - BACKGROUND
The SCWD desires to prepare the existing Beltz 9 municipal production well for ASR pilot testing via mechanical means to clean (or “rehabilitate”) the well screen and gravel pack of solids that may be present which could lead to well plugging during injection testing. As shown on Figure 2, Beltz 9 is completed to a depth of 230 feet with a ‘hybrid’ blank casing design. The upper blank casing section (0-80 feet) consists of low-carbon mild steel, below which both the well screen and lower blank sections are constructed of stainless steel. The well screen is of the continuous wire-wrap design between the depths of 110 and 200 feet (total screen length is 200 feet), with a cellar section between the depths of 200 and 230 feet. The well is equipped with a submersible pump assembly with the following general specifications:

Pump: Grundfos 385S400-5
Motor: 40 Hp
Column: 6-in-dia CertaLok PVC
Setting: 210 feet
Static water level in the well is anticipated to be approximately 40 to 50 feet below ground surface.

SECTION 302 - SCOPE OF WORK
The Contractor shall provide all equipment, labor, chemicals, chemical mixing vessels, and temporary fluid storage and conditioning facilities to complete the work outlined in these specifications, and as directed by the OTR. Generally, the work shall consist of:
• Removal of the existing pump and appurtenances from the well • Pre-rehabilitation video surveying
• Nylon brushing the well screen
• Bailing the well to bottom
• Simultaneous airlift pumping/swabbing
• Post-rehabilitation acceptance video surveying
SECTION 303 - PROCEDURES
Contractor shall, under the direction of the OTR or his representative, remove the existing pump and related appurtenances from the well and then perform mechanical development work on the well to remove deleterious material from the casing and screens. The work shall be performed according to the following schedule, with allowances for the effectiveness of treatment as determined by the OTR.

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SCHEDULE OF WORK
Task 1. Mobilize Contractor's equipment.

Task 2. Remove existing submersible pump assembly, column pipe and appurtenances from the well. Remove from site for cleaning, inspection and temporary storage at Contractor’s facility / yard. Prior to removal from the site, the discharge head, column pipe, submersible pump cable and pump/motor assembly shall be clearly marked as SCWD property and the existing condition photo-documented. Pump and motor assembly shall be stored indoors and protected from the elements until reinstallation (Section 400, Task 11). Column pipe may be stored outdoors, but the ends of each joint shall be covered to prevent entrance of small animals or other potential nuisances. Provide inspection report with recommendations for repair and replacement of components, as warranted.

Task 3. After a period of no less than 12-hours following the removal of the pump from the well, the Contractor shall perform a video survey of the well. The video survey shall include downhole and sidescan views of the well screen and shall be performed as directed by the OTR.

Task 4. Brush well screen using weighted Nylon brush. Each 10-foot section of well screen shall be brushed for 20 minutes.

Task 5. Bail well to bottom to remove all material produced from the brushing operation.

Bailed solids and fluids shall be placed in the temporary containment vessel.

Task 6. Install temporary piping to route well discharge into the temporary storage tank(s). The discharge piping shall contain valves, fittings, and ports to allow for routing of produced water from the temporary storage tanks to the designated discharge connection to the Raw Water Pipeline on the Beltz 9 wellhead piping shown on Figure 6. The temporary storage tank(s) shall be connected in series, baffled or otherwise configured to allow and facilitate the settlement of solids from the produced water. The disposal area will be the existing Reclaim Tank located at the Beltz WTP. A plan showing the proposed layout of the pipeline and locations of the various valves, ports, and other fittings shall be submitted prior to mobilization, and is subject to the approval of the OTR.

Task 7. Using the dual-swab assembly fitted with air-line, pump while simultaneously swabbing each 10-foot screened section for 30 minutes, starting from the top of the screen and working down to the bottom of the well screen. Water produced during the airlift pumping shall be routed to the fluids disposal area from the temporary storage tank.

Task 8. Using the dual-swab assembly fitted with air-line, pump while simultaneously swabbing each 10-foot screened section for 30 minutes, starting from the bottom of the screen and working to the top of the well screen, or until the OTR determines that airlift/swabbing of each section is complete, and the discharge is clear.

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Task 9. Bail the well to bottom to remove any additional material produced during the swabbing. Bailed solids and fluids shall be placed in the temporary containment vessel.

Task 10. After a period of no less than 24-hours following Task 9 bailing, the Contractor shall perform a video inspection of the well casing. The video survey shall include downhole and sidescan views of the well screen and shall be performed as directed by the OTR. The video survey shall verify that the well is free of structural damage and clear of all debris to total depth.

Task 11. Demobilize Contractor's equipment, remove storage tank and remove all rubbish, empty containers, and waste material from site. The residues removed from the well during the project (i.e., from bailing, settled solids in tanks, etc.,) shall be legally disposed offsite by the Contractor.

SECTION 304 – MEASUREMENT AND PAYMENT
Payment will be made according to the unit price schedule in the contract based on the actual unit quantities expended as determined by the OTR. Payment for lump sum items shall be made only upon satisfactory completion of the entire task.

Payment for work completed as part of Tasks 4, 7, and 8 will be made only for time spent performing “active” development. Active development is defined as the actual time spent swabbing, airlifting/pumping, or both. Compensation will not be made for downtime or time spent installing or removing pipe or tools, or for making connections.

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SECTION 400 – ASR PILOT TEST SETUP
Section 401 - Background
Section 402 - Scope of Work
Section 403 - ASR Pilot Test Setup Procedures
Section 404 - Measurement and Payment

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SECTION 401 - BACKGROUND
The SCWD is investigating the feasibility of an ASR project to meet projected shortfalls in water supplies during extended droughts. The project would involve the diversion of “excess”1 winter and spring flows from the San Lorenzo River (SLR) via the Tait Street and/or Felton Diversion facilities, which would be treated to potable standards at the Graham Hill Water Treatment Plant (GHWTP), then conveyed through the existing (and/or improved) water distribution system(s) to ASR wells located in the Santa Cruz Mid-County Groundwater Basin (MGB) and/or the Santa Margarita Groundwater Basin (SMGB) for injection, storage and later recovery when needed.

Based on the favorable results of a Phase 1 Technical Feasibility Investigation, the SCWD desires to advance the ASR feasibility investigation to Phase 2 ASR pilot testing at its existing Beltz 9 municipal production well in the MGB. The overall objective of the Phase 2 pilot testing is to field verify the findings developed from Phase 1 and empirically determine specific hydrogeologic and water quality factors that will allow a technical and economic viability assessment of ASR technology at the Beltz 9 well. If feasible, the data gathered may also be used to complete CEQA documentation for a full scale or permanent ASR project and provide design basis information for the permanent project.

Following preparation of the well for ASR (Section 300), a temporary ASR pilot test setup, consisting of a temporary pump assembly and MCC, injection drop tubes, and miscellaneous piping, valving and metering will be installed and used for testing at the facility for a period of approximately 6 months.

SECTION 402 - SCOPE OF WORK
The Contractor shall provide all equipment, supplies and labor to complete the work outlined in these specifications, and as directed by the OTR. Generally, the work shall consist of:
• Fabrication of temporary well head seal plate
• Installation of test pump assembly, temporary MCC, injection drop tubes, and related appurtenances
• Well disinfection
• Installation of temporary injection and discharge piping, valving and metering • Rental of test equipment for a period of approximately 6 months • Removal of temporary pump, piping, valving, metering, etc. 1 “Excess” flows are those flows that exceed SCWD demands and in-stream flow requirements and are within City water rights.

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• Reinstallation of SCWD permanent pump, piping and appurtenances • Well disinfection
During the ASR pilot test setup rental period, Contractor shall provide an expedited (maximum 2-week) turn-around-time to repair and/or replace any failed equipment (e.g., a failed motor) in order to ensure timely completion of the ASR pilot test program being implemented by the SCWD.

SECTION 403 - PROCEDURES
Contractor shall, under the direction of the OTR or his representative, provide and install a temporary wellhead seal plate, test pump assembly, injection drop tubes, and miscellaneous piping, valves, meter, and fittings at the site. The work shall be performed according to the following schedule:

SCHEDULE OF WORK
Task 1. Mobilize Contractor's equipment.

Task 2. Fabricate special temporary well head seal plate generally as shown on Figure 6.

The seal plate shall be flanged with a gasket, and the various ports sealed with silicone (or approved equal) to create a water-tight seal on the well casing.

Task 3. Install submersible test pump (Grundfos 625S600-3A [60 HP] or approved equal) set to a depth of approximately 210 feet on 6-in-dia steel column pipe and equipped with a motor-cooling shroud (i.e., pump set in the cellar). Install two (2) 2-in-dia Sch 40 PVC injection drop tubes generally as shown on Figure 7. Injection drop tubes shall be F480 flush-threaded set to a depth of approximately 90 ft. Special orifice caps for each tube will be provided by the OTR for injection flow control. Install one (1) 1-india Sch 40 PVC water-level sounding tube set to a depth of approximately 120 ft.

Injection drop tubes and sounding tube shall be strapped to the pump column pipe to prevent movement downhole during injection operations.

Task 4. Install temporary MCC (soft-start or VFD) for 60 HP test pump connected to existing 200-amp electrical service (bypassing the existing 40 HP VFD).

Task 5. Install temporary piping, valving, metering to route injection supply water to well, and discharge water from well to connection to Raw Water Pipeline as shown on Figure

6. Task 6. Chlorinate well and pump assembly in accordance with State Well Standards and flush the chlorinated well water into the Raw Water Pipeline and Reclaim Tank at the Beltz WTP until the produced water is free of chlorine. Complete flushing shall be evidenced by a free chlorine residual of less than 0.02 ppm.

Task 7. Install a temporary 6-in-dia backflow preventer (BFP) and approximately 250 feet of 6-in-dia PVC piping from an existing “T” fitting on the Beltz 8 wellhead piping at the Beltz WTP site to route discharge water from the Raw Water Pipeline to storm drain

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inlet as shown on Figure 8. The 6-in-dia piping will require a series of 90-degree elbows at the storm drain inlet to allow insertion of the discharge end into the storm drain piping and allow for laminar flow entering the storm drain system. The end of the temporary pipe shall be fitted with steel mesh.

Task 8. 6-month rental of above equipment for use by the SCWD and OTR in implementing ASR pilot test program. During the rental period, Contractor shall provide an expedited (maximum 2-week) turn-around-time to repair and/or replace any failed equipment (e.g., a failed motor) in order to limit the duration of project delays and ensure timely completion of the ASR pilot test program being implemented by the SCWD.

Task 9. Remove temporary pump assembly, injection drop tubes, sounding tubes, well head seal plate and related appurtenances from well.

Task 10. Provide a downhole video inspection of the well casing (as provided by Pacific Surveys, Newman Surveys, or approved equal). The video survey shall include downhole and sidescan views of the well screen and shall be performed as directed by the OTR.

Task 11. Reinstall the SCWD's 40 HP pump assembly and related appurtenances.

Task 12. Chlorinate well and pump assembly in accordance with State Well Standards and flush the chlorinated well water into the Raw Water Pipeline and Reclaim Tank at the Beltz WTP site until the produced water is free of chlorine. Complete flushing shall be evidenced by a free chlorine residual of less than 0.02 ppm.

Task 13. Demobilize Contractor's equipment, remove temporary piping, fittings, valves and all waste material from both the Beltz 9 and Beltz WTP sites.

SECTION 404 – MEASUREMENT AND PAYMENT
Payment will be made according to the unit price schedule in the contract based on the actual unit quantities expended as determined by the OTR. Payment for lump sum items shall be made only upon satisfactory completion of the entire task. Payment for monthly rental of temporary ASR pilot testing setup will be made for time deployed at the site(s). Compensation will not be made for downtime or time spent installing or removing pipe or tools, or for making connections.

25.244
Stream 472
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
June 2023
Project No. 15-0119
LEGEND
SCWD Boundary
A! SCWD Production Well
² 0 25 50 100
Feet
1 inch = 50 feet FIGURE 1. SITE LOCATION MAP
ASR Pilot Test Project - Beltz 9
Santa Cruz Water Department
A!
BELTZ #9
Sources: Esri, HERE, DeLorme, USGS,
Intermap, increment P Corp., NRCAN, Esri
Japan, METI, Esri China (Hong Kong), Esri
(Thailand), MapmyIndia, © OpenStreetMap
contributors, and the GIS User Community
30th Ave
A!
BELTZ #9

25.245
0 20
80 90
110
200
230
240
June 2023
Project No. 15-0119
FIGURE 2. AS-BUILT WELL SCHEMATIC
ASR Pilot Test Project - Beltz 9
Santa Cruz Water Department

NOT TO SCALE

25.246
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
June 2023
Project No. 15-0119
LEGEND
SCWD Boundary
² 0 12.5 25 50
Feet
1 inch = 25 feet FIGURE 3. BELTZ 9 MONITORING WELL LOCATION MAP ASR Pilot Test Project - Beltz 9
Santa Cruz Water Department
30th Ave
A!
BELTZ #9
!U
Proposed MW location

25.247
0 20
90 110
200
210
215
June 2023
Project No. 15-0119
FIGURE 4. WELL DESIGN SCHEMATIC - BELTZ 9 MW
ASR Pilot Test Project - Beltz 9
Santa Cruz Water Department

NOT TO SCALE

25.248
Rodeo Creek Gulch
Stream 472
Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
June 2023
Project No. 15-0119
LEGEND
SCWD Boundary
Raw Water Pipeline
² 0 250 500 1,000
Feet
1 inch = 500 feet FIGURE 5. BELTZ RAW WATER PIPELINE MAP ASR Pilot Test Project - Beltz 9
Santa Cruz Water Department
Beltz WTP Site
Beltz 9 Site

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FIGURE 6. ASR PILOT TEST PIPING SCHEMATIC
ASR Pilot Test Project - Beltz 9
Santa Cruz Water Department
PP

INJECTION SUPPLY
(connected to SCWD-provided
4-in-dia BFP
located within ~50 ft.)
S.P.

P P
S.P.

S.P.

P
M
Temporary
2-in-dia PVC piping
to injection drop tubes
Temporary
4-in-dia PVC piping
Temporary
Wellhead Seal Plate
Existing
8-in-dia steel above-ground piping
(no modifications anticipated)
TO EXISTING 8-IN-DIA
RAW WATER PIPELINE IN 30TH AVE

INJECTION SUPPLY
flush to waste to raw water pipeline
M Note: existing piping is shown in grey
and temorary piping to be provided
is shown in black
Replace existing 8-in-dia
spool with:
- 8-in-dia T fitting
- 8-in x 4-in-dia reducer
- 4-in-dia gate valve
C
C
M
P
S.P.

LEGEND
Valve (gate, ball or butterfly)
Flow Meter
Pressure Gauge (0 - 30 psi)
Sample Port with Valve
Check Valve

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FIGURE 7. INJECTION DROP TUBE DETAIL
ASR Pilot Test Project - Beltz 9
Santa Cruz Water Department
Pressure Gauge
(0 - 30 psi)
Gate Valve
(2-in-dia)
Galv. Steel Nipple
(2-in-dia)
Galv. Steel "T" Fitting
(2-in-dia)
2-in-dia Sch. 40 F480 Flush Thread PVC Pipe
(*apply PVC glue to thread joints)
(**secure pipe to column pipe at 10 ft intervals)
90 ft
OTR-Provided Sch. 40 PVC
F480 PVC Flush Thread Orifice Cap
(2-in-dia)
* apply PVC glue to thread joints
Note: All materials shall be NSF-61 certified (as applicable)

25.251
A!
BELTZ #8
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
June 2023
Project No. 15-0119
LEGEND
A! SCWD Production Well
² 0 15 30 60
Feet
1 inch = 30 feet FIGURE 8. TEMPORARY STORM DRAIN CONNECTION PIPING PLAN ASR Pilot Test Project - Beltz 9
Santa Cruz Water Department
Install 6-in-dia BFP
Install 6-in-dia PVC Piping
Existing Storm Drain Inlet

25.252
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit A – Technical Provisions Test Site Preparation and Monitoring Well

END OF SECTION

25.253
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit B – CEQA Notice of Exemption Test Site Preparation and Monitoring Well

EXHIBIT B

CEQA NOTICE OF EXEMPTION
(To be Included Prior to Contract Award)
Exhibit Follows

25.254
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit B – CEQA Notice of Exemption Test Site Preparation and Monitoring Well

END OF SECTION

25.255
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit C – Procedure for Hydrant Test Site Preparation and Monitoring Well Meter Installation

EXHIBIT C

PROCEDURE FOR HYDRANT

METER INSTALLATION
Exhibit Follows

25.256

APPENDIX E

25.257

25.258

25.259
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit C – Procedure for Hydrant Test Site Preparation and Monitoring Well Meter Installation

END OF SECTION

25.260
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit D – City of Santa Cruz Water Test Site Preparation and Monitoring Well Department Hydrant Meter Checkout/Permit

EXHIBIT D

CITY OF SANTA CRUZ WATER DEPARTMENT

HYDRANT METER CHECKOUT/PERMIT
Exhibit Follows

25.261
City of Santa Cruz Water Department
Hydrant Meter Checkout/Permit
Email Address:

Name of Responsible Party:

Company:

Billing Address:

Phone Office: Cell: Fax:

To be used where?
Estimated number of days for use (maximum 30 days)*:

Backflow review comments:
********************************************************************************************************** FEES
Deposit: $
Ap. FEE: $
Daily USE:
@$5.00/per day $
Total DUE: $
METHOD OF PAYMENT:

CC#:

Meter #: Account #:

Date out: Date in:

Reading out: Reading in:

Deposit receipt #:

Special Provisions:
(Customer allowed to install or relocate)
Signed: Signed:
(Customer) (Customer)
SCWD: SCWD:
(Engineering, CS or Meter Shop) (Engineering, CS or Meter Shop) **********************************************************************************************************

HYDRANT METER SHALL NOT BE TAKEN OUTSIDE SCWD SERVICE AREA

SCWD WILL READ THE METER & BILL CONSUMPTION INCLUDING DAILY USE FEES ON A MONTHLY

BASIS & TEST THE BACKFLOW ASSEMBLY AS REQUIRED
PLEASE NOTE:

Customer’s Responsibilities:
o Inform Engineering Section at 420-5210 of relocation of meter. (Subject to periodic check). o Failure to return meter within service period or removal by City could result forfeiture deposit. o *Service period may be extended only with approval of Engineering Section. Device must be available for periodic testing by SCWD staff.
o Return copy of permit with meter for closure of account and calculation of refund if applicable.

This form is to be routed as follows:

Originate: ⁭Engineering PLEASE NOTE THAT THE WATER DEPT.

WILL READ HYDRANT METER AT THE 1ST
OF EACH MONTH.

Backflow: ⁭Engineering
Deposit: ⁭Customer Service
Meter loan: ⁭Meter Shop
Meter Check-in: ⁭Meter Shop
Return to: ⁭Engineering
Please copy and route as Shown.

Revised 07/29/13

APPENDIX F

25.262
per day
Miscellaneous SeNice Fees c ir• or
~

SANTACRUZ
The following are the most common Water Engineering related fees; a full list of Water Department Miscellaneous Fees Is avallable upon request.

Bulk Water Station Use
Users must comply with requirements of the Bulk Water Permit issued by SCWD.

Annual permit processing
Reported usage, per cd (monthly)
Hydrant Meter Use {limited avallablllty)
$67 per truck
Current commercial inside rate (all commodity rates),
$SO minimum
al inside rate all commodi rates
•••• Deposit amount Is the cost for full replacement. If the meter requires repairs upon return, the deposit amount to be returned wlll be reduced by the cost of parts and labor to repair.

Page4of4
P:\WTEN\EngTech\ET Docs\ Water Service Installation & Procedure Handout lnfo\SDC and Fees as of 070118.docc

25.263
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit D – City of Santa Cruz Water Test Site Preparation and Monitoring Well Department Hydrant Meter Checkout/Permit

END OF SECTION

25.264
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit E – City Safety Policies Test Site Preparation and Monitoring Well

EXHIBIT E

CITY SAFETY POLICIES
Exhibit Follows

25.265
Aquifer Storage and Recovery Beltz 9 Pilot Exhibit E – City Safety Policies Test Site Preparation and Monitoring Well

CITY SAFETY POLICIES
List of City Safety Policies:

1. Hazard Communication

2. Hearing Conservation

3. Heat Illness Prevention

4. Injury Illness Prevention

5. Lead Compliance

6. Lockout Tagout

7. Work Zone Safety

25.266

HAZARD COMMUNICATION POLICY
Revision Date: July 2017
Table of Contents
Purpose ................................................................................................................................................. 1 Responsibilities...................................................................................................................................... 2 Procedures ............................................................................................................................................ 3 Safety Data Sheets............................................................................................................................ 3 Labels and Other Forms of Warning .................................................................................................. 4 Personal Protective Equipment.......................................................................................................... 5 Spill Response................................................................................................................................... 5 Non-Routine Tasks ............................................................................................................................ 6 Outside Contractors ........................................................................................................................... 6 Labeled/Unlabeled Pipes (if applicable) ............................................................................................. 7 Training.............................................................................................................................................. 7 Record Keeping ................................................................................................................................. 8 Appendices
A – GHS Chemical Hazard Labeling System
B – NFPA Chemical Hazard Labeling System
C – Hazard Pictograms
D – Definitions
E - Hazardous Substance Inventory List Sample

PURPOSE
The purpose of the Hazard Communication Policy is to ensure that all workplace hazardous substances, including chemicals are evaluated and any health hazards associated with these chemicals are communicated to each potentially affected employee in accordance with California Code of Regulations, Title 8 (8 CCR), Section 5194. This policy applies to all departments where hazardous substances, including chemicals, are stored and used.

This policy is intended to describe the means of communicating to employees the hazards and safety-related work practices associated with chemicals used in the workplace. This policy is not intended to apply to any consumer products which are available for sale to the public and used in the workplace in the same manner as they would be in a household or similar setting.

It is the Department’s position that every employee is entitled to a safe and healthful work environment. Employees have a right to know what hazardous substances and chemicals they could be exposed to and what they can do to protect themselves from injury or illness. Training and product information will be provided to those employees who work with or around workplace hazardous substances and chemicals, in order to reduce the possibility of accidental exposure.

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2 RESPONSIBILITIES
Department Director or assigned designee:
• Responsible for establishing, maintaining, and supporting this policy. • Ensure Section Managers/Supervisors maintain required policy records and provide documentation of hazardous substance and chemical safety training. • Ensure a system is in place to review and approve new chemicals and hazardous materials into the work place.

Section Managers/Supervisors:
• Provide training prior to initial job assignment to all employees who use workplace hazardous substances and chemicals. Documentation of hazardous substance and chemical safety training is maintained in each employee’s personnel file. In addition, review non-routine tasks with employees prior to allowing them to complete the tasks. • Enforce all safety policies and procedures regarding workplace chemical handling, usage, and storage.
• Inform employees on the method for access to safety data sheets (SDSs) for each workplace chemical used within the facility.
• Maintain an accurate list of hazardous substances and chemicals for each department facility (See Appendix E). These lists must be updated at least annually. • Ensure required personal protective equipment is available and used by employees. • Report all incidents and exposures involving hazardous substances and workplace chemicals to the Department Director.
• Ensure all workplace hazardous substances and chemicals received at the facility are properly labeled, including the chemical name and use instructions, the name and address of the manufacturer, and applicable hazard warnings.

Employee:
• Complete the hazard communication training.
• Follow all safety policies and procedures relating to the use, storage, and disposal of hazardous materials.
• Report all hazardous conditions to their supervisors immediately. • Use all required personal protective equipment whenever using or handling workplace hazardous substances and chemicals.
• Request information and training when unsure about how to handle or use unfamiliar workplace hazardous substances and chemicals.

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3 PROCEDURES
A copy of this written Hazard Communication Policy is available to all employees. Chemicals are not to be introduced into the workplace by employees, vendors, salespeople, or outside contractors, without prior review and approval by the Section Manager/Supervisor.

If approved, the manager/supervisor will make the safety data sheet (SDS) available to all employees working in the department and provide training to employees that will be using the product. In addition, the manager/supervisor will update the hazardous substance/chemical inventory list (sample in Appendix E) with the name of the new product.

Safety Data Sheets
Safety Data Sheets (SDSs) are provided for every approved workplace hazardous substance or chemical used in the Department. The SDS will cover the following information about each hazardous substance and chemical:

Section 1, Identification includes product identifier; manufacturer or distributor name, address, phone number; emergency phone number; recommended use; restrictions on use.

Section 2, Hazard(s) identification includes all hazards regarding the chemical; required label elements.

Section 3, Composition/information on ingredients includes information on chemical ingredients; trade secret claims.

Section 4, First-aid measures includes important symptoms/effects, acute, delayed; required treatment.

Section 5, Fire-fighting measures lists suitable extinguishing techniques, equipment; chemical hazards from fire.

Section 6, Accidental release measures lists emergency procedures; protective equipment; proper methods of containment and cleanup.

Section 7, Handling and storage lists precautions for safe handling and storage, including incompatibilities.

Section 8, Exposure controls/personal protection lists OSHA’s Permissible Exposure Limits (PEL’s); Threshold Limit Values (TLV’s); appropriate engineering controls; personal protective equipment (PPE).

Section 9, Physical and chemical properties lists the chemical’s characteristics.

Section 10, Stability and reactivity lists chemical stability and possibility of hazardous reactions.

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4 Section 11, Toxicological information includes routes of exposure; related symptoms, acute and chronic effects; numerical measures of toxicity.

Section 12, Ecological information
Section 13, Disposal considerations includes protective equipment to use; spill cleanup; method of disposal.

Section 14, Transport information
Section 15, Regulatory information
Section 16, Other information includes the date of preparation or last revision.

SDS’s and a current inventory list are available in binders at each applicable facility/location.

The Section Manager or supervisor will provide copies of SDSs for any workplace hazardous substance or chemical to an employee, or their representative, upon request.

Labels and Other Forms of Warning
Original container labels must be of the standard Global Harmonized System (GHS) design (Appendix A) to provide information to employees regarding the hazards associated with workplace chemicals. Proper labeling is required on all containers of hazardous substances and chemicals to ensure the safety of employees. It is each supervisor’s responsibility to ensure that all containers are properly labeled.

GHS Labels (Appendix A) must include the following information:
• Product Identifier
• Supplier Identification
• Precautionary Statements
• Hazard Pictograms (also see Appendix C)
• Signal Word
• Hazard Statements
• Supplemental Information
Employees may find buildings or rooms with a National Fire Protection Association (NFPA) label posted as a hazard warning. See Appendix B for information regarding these hazard labels.

Secondary containers, such as spray bottles and dispensers, must use the same original container GHS label, or must be labeled legibly with the following information:
• Product identifier, and
• Specific information regarding the physical and health hazards of the hazardous chemical
Note: The Department is not required to label portable containers into which hazardous chemicals are transferred from labeled containers, and which are intended only for the

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5 immediate use of the employee who performs the transfer. Unlabeled containers must be emptied when the task in completed.

Personal Protective Equipment
Personal protective equipment (PPE) will be provided to all employees whose position involves the handling of hazardous substances and chemicals. Supervisors are responsible for ensuring that PPE is available and used by employees whenever it is required. Refer to the SDS for recommended PPE.

Spill Response
In the event of a chemical spill, the following procedures are to be followed:

1. Maintain spill clean-up kits on site where chemicals are stored.

2. Always wear proper eye protection, a chemical apron, and chemical-resistant gloves when handling or cleaning up chemicals.

3. If a strong or irritating odor is present, warn others to stay away from area. Open doors and use fans to help ventilate the area, if possible.

4. Follow label instructions or refer to the chemical’s SDS. In the event clean-up instructions are not available, the following steps should be followed:
• Put on goggles, a chemical apron, and chemical-resistant gloves. • If the material is dry, scoop or gently sweep it up and place in double-lined trash bag(s). Do not sweep vigorously as you may spread the material. • If the material spilled is a liquid, sprinkle an absorbent, such as cat litter, around the edge of spill. Gently mix the absorbent material with the spilled liquid until solidified and place in double-lined trash bag(s).
• Follow label or SDS instructions for proper disposal, if available. If the product is considered hazardous waste, label the trash bag as “Hazardous Material.” Place the trash bag into a hard plastic container for protection. Temporarily place the contained hazardous material in a location away from employees and/or members of the public. Consult the Department’s contracted hazardous materials hauler for disposal instructions.
• Wet mop the area of the spill with mild detergent and water until clean. • Rinse the mop and other cleaning tools thoroughly with warm water after the clean-up is completed.
• Wash your hands and arms thoroughly with a mild soap and warm water as soon as the material is cleaned up.

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6 Note: If the spill is greater than one gallon, immediately obtain a copy of the chemical’s SDS and follow the guidelines listed. Larger spills or spills of certain materials may require special additional measures as described in the Hazardous Materials Management Plan (HMMP).

Non-Routine Tasks
Supervisors shall determine if their employees might be involved in non-routine tasks. These tasks will be identified when assigned. Each employee responsible for working in a non-routine situation involving hazardous substances will be trained before beginning the process.

Non-routine tasks include outside contractors working at the Department and using hazardous substances that may pose a health or physical hazard. Employees will be informed of the hazard and the method of protection before the contractor is allowed to begin work.

Outside Contractors
In order to protect our employees from chemicals used by outside contractors, the following procedures have been established. The Department is obligated to the contractor by giving authorization to work to ensure safe working conditions and to provide information regarding the Department’s hazardous substances and procedures for emergencies. Conversely, the contractor has to agree to abide by the Department’s safety rules and regulations and inform the Department of any hazardous substances they intend to bring onto any site in order to perform their work.

Contractors are required to provide a list of all hazardous substances they intend to use at the Department in any bid package.

Contractors will make available a list of hazardous chemicals and SDS’s for the hazardous chemicals prior to bringing those chemicals on Department property or using them on behalf of the Department.

The Department reserves the right to deny use of any hazardous substance or chemical the Contractor wishes to use that the Department deems hazardous and may affect Department employees and/or members of the public.

The Contractor is required to maintain copies (on site) of the SDS of the hazardous substances or chemicals they will use throughout the work place.

All hazardous substances and chemicals brought onto the premises must be labeled as required by the Hazard Communication Standard.

The Contractor may be asked to provide records of their Hazard Communication Training Program. The Contractor’s employees may be required to attend a safety orientation prior to commencing work at the Department. The orientation will cover the following:
• Department’s safety rules
• Department’s emergency procedures for medical, spills, fires, accident reporting, property damage, and evacuation
• Specific hazards (chemical or physical) in area where Contractor will be working • Any other hazards as conditions warrant

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7 In the event of an emergency, the Contractor must immediately notify the Section Manager/Supervisor and indicate what the emergency is and what assistance is required.

All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the Section Manager/Supervisor immediately for investigation and documentation.

Any precautions and/or protective measures to minimize the possibility of exposure will be communicated by the contractor to Section Manager/Supervisor and from there to our employees.

No hazardous materials or chemicals will be introduced into the workplace by vendors, outside contractors, or employees unless approved by the Section Manager/Supervisor.

Labeled/Unlabeled Pipes (if applicable)
Aboveground pipes transporting hazardous substances (gases, vapors, liquids, semi-liquids, or plastics) are identified in accordance with 8 CCR, Section 3321, “Identification of Piping.” Other aboveground pipes that do not contain hazardous substances but may have associated hazards if disturbed or cut (e.g., steam lines, oxygen lines) are addressed as follows:

Before employees enter the area and initiate work, the Supervisor will inform them of:
• The location of the pipe or piping system or other known safety hazard • The substance in the pipe
• Potential hazards
• Safety precautions
Training
The most important part of the Hazard Communication Policy is educating our employees on the hazards of workplace chemicals. In order to inform employees of the potential risk, the Department has developed a hazard communication training program that contains:

• The requirements of the hazard communication regulation, including the employees’ rights under the regulation
• The location and availability of the written hazard communication policy • Any operation in their work area, including non-routine tasks, where hazardous substances or Proposition 65 carcinogens/reproductive toxins are present and exposures are likely to occur
• Methods and observation techniques used to determine the presence or release of hazardous substances in the work area
• Protective practices the organization has taken to minimize or prevent exposure to these substances
• How to read labels and review SDSs to obtain hazard information • Physical and health effects of the hazardous substances • Symptoms of overexposure

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8 • Measures employees need to put into practice to reduce or prevent exposure to these hazardous substances by engineering controls, work practices, and use of personal protective equipment
• Emergency and first aid procedures to follow if employees are exposed to hazardous substances
• The location and interpretation, if needed, of warning signs or placards to communicate that a chemical known to cause cancer or reproductive toxicity is used in the workplace Training will be conducted by the employee’s immediate supervisor prior to the employee using any hazardous substance or chemicals. Employees will receive additional training when new hazardous substances or chemicals are introduced into the workplace and when there is a change in formulation of a current chemical that constitutes a new hazard. All chemical safety training is to be documented and retained in the individual employee’s personnel file.

Employees who are expected to engage in spill response and cleanup activities for chemicals covered by this policy other than minor spills should refer to the Hazardous Materials Management Plan (HMMP) for a more detailed description of the appropriate procedures and training.

Record Keeping
The Department Director, or assigned designee, is responsible for maintaining hazard communication compliance documents related to policy oversight including the hazardous substances inventory, SDS information, employee training records, and employee exposure records (e.g. air monitoring records) must be maintained for the duration of employment of any exposed employee plus 30 years.

Note: SDSs for products no longer used must also be maintained as described here.

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APPENDIX A – GHS CHEMICAL HAZARD LABELING SYSTEM

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APPENDIX B – NFPA CHEMICAL HAZARD LABELING SYSTEM
Health Hazards (blue)
4 Danger – May be fatal on short exposure. Special PPE required 3 Warning – Corrosive or toxic. Avoid skin contact or inhalation 2 Warning – May be harmful in inhaled or absorbed
1 Caution – May be irritation
0 No unusual hazard
Flammability (red) – flashpoint temperature
4 Danger – Flammable gas or extremely flammable liquid
3 Warning – Flammable liquid flash point below 100 degrees Fahrenheit 2 Caution – Combustible liquid flash point 100-200 degrees Fahrenheit 1 Caution – Combustible if heated
0 Not combustible
Reactivity/Instability (yellow)
4 Danger – Explosive material at room temperature
3 Danger – May be explosive if shocked, heated under confinement or mixed with water
2 Warning – Unstable or may react violently if mixed with water 1 Caution – May react if heated or mixed with water but not violently 0 Stable – Not reactive when mixed with water
Special Hazards (white)
W Water Reactive
Oxidizer,
OXY
Oxidizing agent
Rad Radiation
Acid, COR Corrosive
ALK Alkali
CARC Carcinogen

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APPENDIX C – HAZARD PICTOGRAMS

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APPENDIX D – DEFINITIONS
Absorption
The route of entry into body that takes place as the chemical comes in contact with the skin and destroys some of the protective outer layer, thus allowing the toxic chemical to come in contact with the inner tissues and possible the bloodstream.

ACGIH
The American Conference of Governmental Industrial Hygienists, which publishes threshold limit values.

Acid
A chemical compound that has a pH of less than 7 and is very active chemically. These materials are corrosive.

Acute
Adverse health effects that develop immediately or after a short-term exposure.

Alkali
A chemical compound that has a pH of more than 7. These materials are corrosive; also referred to as a base.

Auto-ignition temperature
The minimum temperature to which a material must be raised before spontaneous combustion will occur in the absence of air.

Base
A chemical compound that has a pH of more than 7. These materials are corrosive; also referred to as an alkali.

Boiling point
The minimum temperature at which the vapor pressure of a liquid equals the atmospheric pressure.

Carcinogen
A substance known to cause cancer or suspected of causing cancer. A substance is considered a carcinogen if it has been evaluated by the International Agency for Research on Cancer (IARC) and found to be a carcinogen or suspect carcinogen; or it is listed as a carcinogen or potential carcinogen in the Report on Carcinogens published by the National Toxicology Policy (NTP); or if it is regulated by the Occupational Safety and Health Administration (OSHA).

CAS number
The Chemical Abstracts Service Number, which is a unique identifier of chemicals.

Ceiling limit
The concentration of a chemical that should not be exceeded during any part of the working exposure.

Chronic
Can mean a long-term exposure to chemicals (months or years), or adverse health effects that appear many months or years after exposure.

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Combustible liquid
Any liquid having a flashpoint at or above 100° F (37.8° C), but below 200° F (93.3° C), except any mixture having components with flashpoints of 200° F (93.3° C) or higher, the total volume of which make up 99% or more of the total volume of the mixture.

Compressed gas
A gas mixture having (in a container) an absolute pressure exceeding 40 psi at 70° F (21.1° C); a gas mixture (in a container) having an absolute pressure exceeding 104 psi at 130°F (54.4° C); or a liquid having a vapor pressure exceeding 40 psi at 100° F (37.8° C) as determined by the American National Standard Method of Test D-323-7272 (ASTM).

Corrosive
A substance that causes visible destruction of, or irreversible inflammatory effect on living tissue through chemical action at the site of contact.

Density
A material’s weight for a given volume, expressed in g/mL (grams per milliliter).

Evaporation rate
The speed at which a liquid converts to a vapor; usually compared to butyl acetate which evaporates fairly quickly.

Explosion data
Lists the explosive properties of the material in terms of sensitivity to mechanical impact or static discharge. Usually assigned as low, moderate or high.

Explosive
A substance that causes a sudden release of pressure, gas, and heat when subject to sudden shock, pressure or high temperature.

Explosive or flammable limits
The concentration range of a gas or vapor in between the Lower and Upper Flammable Limits, in which explosive ignition will occur.

Exposure limit
The amount of material to which a worker can be repeatedly exposure to without suffering adverse effects. These are stated as Threshold Limit, Ceiling or Short-term Values.

Flammable aerosol
An aerosol that, when tested by the scientific methods listed in the Code of Federal Regulations (CFR) 16, Section 1500.42, yields a flame projection exceeding 18 inches at full valve opening (a flame that extends back to the valve at any degree of valve opening.

Flammable gas
A gas that, at ambient temperature and pressure, forms a flammable mixture with air at a concentration of 13% of volume or less.

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Flammable liquid
Any liquid having a flashpoint below 100° F (37.8° C), except any mixture having components with flashpoints of 100° F (37.8° C) or higher, the total of which make up 99% or more of the total volume of the mixture.

Flammable solid
A solid, other than a blasting agent or explosive as defined in Title 8, Article 110, Section 5194, Subsection 5237(a), that is able to cause fire through friction, absorption of moisture, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard.

Flash point
The minimum temperature at which a liquid or solid gives off enough vapor to form an ignitable mixture with the air. The lower the flash point, the greater the fire risk.

Freezing point
The temperature at which a liquid changes into a solid.

Hazardous combustion products
Form when a material burns. These are usually oxides and can be toxic, flammable, or have other hazardous properties.

Hazardous decomposition products
Form when a material decomposes (breaks down) because the material can be unstable or reactive with other materials.

Hepatotoxin
A substance that produces liver damage.

IARC
The International Agency for Research on Cancer.

Inhalation
A route of entry into the body when substances create dusts, fumes, mists, vapors and smoke that can become airborne and affect the air being inhaled. The toxic enters the respiratory tract through the nose and mouth and move downward through the windpipe and into the lungs.

Ingestion
A route of entry into the body when a toxic material is absorbed through the stomach and intestines into the bloodstream. The bloodstream may carry the toxic substance to the liver, which may or may not be able to detoxify all of the toxic materials. Liver cells may be destroyed.

Injection
A route of entry into the body as a result of puncturing the skin with glass, metals or other materials that are contaminated by toxic substances, or when syringes contain toxic substances.

Irritant
A substance which is not a corrosive, but which causes a reversible inflammatory effect on living tissue through chemical action at the site of contact.

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Lethal dose (LD50)
The amount of a material given by specific route of entry, which causes the death of 50% of test animals. Oral (by mouth) and dermal (applied to skin) are the most common.

Lower flammable limit (LFL)
The minimum concentration or percentage of a gas or vapor in the air below which ignition will not occur (mixture is “too lean”). Also known as lower explosive limit.

Melting point
The temperature at which a solid changes to a liquid.

Nephrotoxin
A substance that produces kidney damage.

Neurotoxin
A substance that produces its primary toxic effects on the nervous system.

NTP
The national toxicology policy. It provides a service that tests materials for potential carcinogenity.

Organic peroxide
An organic compound that contains the bivalent peroxide (O-O) structure and which may be considered to be a structural derivative of hydrogen peroxide (H-O-O-H) where one or both of the hydrogen atoms has been replaced by an organic radical.

An organic peroxide is any organic (carbon-containing) compound having two oxygen atoms joined together (-O-O-). This chemical group is called a "peroxy" group. Organic peroxides can be severe fire and explosion hazards
Oxidizer
A substance other than a blasting agent or explosive as defined in CCR Title 8, Section 5194 and Section 5237(a), that initiates or promotes combustion in other materials, thereby causing fire either itself or through the release of oxygen and other gases.

Oxidizers are compounds which are capable of reacting with and oxidizing (i.e., giving off oxygen) other materials. The primary hazard associated with this class of compounds lies in their ability to act as an oxygen source, and thus to readily stimulate the combustion of organic materials.

Pyrophoric
A substance that will ignite spontaneously in air at a temperature of 130° F (54.4°C) or below.

Many pyrophoric materials are also water reactive, reacting vigorously with water or high humidity, often igniting upon contact.

Reproductive effects
Problems in the reproductive system that can be caused by a material including reduced fertility, sterility, menstrual changes, and miscarriages.

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Reproductive toxin
A substance that affects the reproductive capabilities including chromosomal damage (genetic mutations) and physical defects in fetuses (teratogenesis).

Sensitization
The development of an allergic reaction to a material over time, after which even minute exposures can cause severe reactions. Skin or respiratory sensitization are the most common.

Sensitizer
A substance that causes a substantial proportion of the exposed persons or animals to develop an allergic reaction in normal tissue after repeated exposure to the substance.

Skin notation
Any contact with a substance can lead to rapid absorption through the skin; usually in toxic amounts.

Specific gravity
The weight of a solid or liquid compared to an equal volume of water. Water has a density of 1.0 g/cc, so any material with a specific gravity of less than 1.0 will float on water.

Short-term exposure limit (STEL)
The average concentration of a material to which workers can be exposed for a 15 minute period only, without experiencing adverse effects (irritations, etc). The amount of time and frequencies between occurrences can be restricted.

Solubility
The ability of a material to dissolve in water. Can be expressed as a percentage, or simply as, “insoluble,” “miscible,” “moderately soluble,” “soluble,” or “very soluble.” Stability
The ability of a material to remain unchanged in the presence of heat, moisture or air. An unstable material may decompose, polymerize, burn or explode under normal conditions.

Synergistic materials
Materials that create a net health effect that is greater than the sum of the individual materials when combined.

Teratogenicity
The ability of a material to cause birth defects or harmful effects to the embryo or fetus.

Threshold limit values (TLV)
The time weighted average concentration of a chemical in the air for a normal 8 hour workday or 40 hour work week to which nearly all workers can be exposed to without suffering adverse effects.

Toxic substance
A substance which can cause either short-term or long-term health effects. These effects are based on lethal dose or lethal concentration levels as outlined in the CCR Title 8, Article 110, Section 5194, Appendix A.

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UN number (UN ID)
The four-digit code assigned by the United Nations to a potentially hazardous material or class of materials during transportation.

Unstable or water reactive
A substance, which in its pure state or as processed or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under such conditions as shocks, pressure and temperature. A water reactive substance is on that reacts with water to release a gas that is either flammable or presents a health hazard.

Upper flammable limit (UFL)
The maximum concentration or percentage of a gas or vapor in the air above which ignition will not occur (mixture is “too rich”). Also known as the Upper Explosion Limit.

Vapor density
The relative density of a gas or vapor compared to an equal volume of clean, dry air. Air has a density of 1.0, so any gas with a density less than 1.0 will rise in air and any gas with densities greater than 1.0 will accumulate in low-lying areas.

Vapor pressure
The measure of the tendency of a material to form a vapor. The higher the vapor pressure, the higher potential vapor concentration; hence, the more likely the material is to be an inhalation or fire hazard.

Volatility
The tendency of a liquid to evaporate; expressed in terms of percentages.

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APPENDIX E – HAZARDOUS SUBSTANCE INVENTORY LIST SAMPLE
Inventory Date:___/___/_____
Hazardous Substance Operation/Work Area
SDS
Indicate whether complete or
incomplete

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APPENDIX J
City of Santa Cruz
Hearing Conservation Program
City of Santa Cruz Hearing Conservation Program Page 1

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PAGE
FORWARD 3
INTRODUCTION 3
SCOPE AND PURPOSE 4
HEARING CONSERVATION PROGRAM 4
NOISE EXPOSURE 4
MONITORING 5
AUDIOMETRIC TESTING 5
RECORDKEEPING 6
TRAINING 7
GLOSSARY 9
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FOREWORD
Medical Professionals have long been aware of the problem of noise-induced hearing loss in the workplace. Studies have shown that certain levels of noise can produce irreversible damage to an individuals hearing. Usually, the first loss of hearing is in the high frequency range. If exposure to excessive noise levels continues, the individual eventually will experience hearing loss at the lower frequency levels as well.1

INTRODUCTION
Noise can affect health in various ways. A very intense noise, such as that caused by a discharge of a high explosive device, can damage the conductive mechanism of the human ear.

Continuous exposure to relatively loud noise over a period of time can damage the inner ear. In either case a hearing impairment results.

Non-Hearing effects of noise can also affect health. These effects include disturbance and annoyance, which can interfere with sleep and communication and thus impair performance and efficiency.

Techniques, equipment, personnel and training are now
sufficiently developed to safely allow the generalization that occupation-related hearing impairment can be eliminated as a significant health hazard in the City of Santa Cruz. Achievement of this goal requires commitment to all program elements and to all characteristics of program success. A responsible hearing conservation program includes five elements:

1. Noise Survey and Analysis.

1 National Safety Council, Accident Prevention Manual for Business and Industry, Engineering and Technology, (Chicago 1992) 10th Edition. Pg. 422
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2. Engineering Controls.

3. Professionally Supervised Hearing Testing.

4. Personal Hearing Protection.

5. Education.

Scope and Purpose
This section covers the City of Santa Cruz requirements and responsibilities for implementing and maintaining an acceptable Hearing Conservation Program.

The purpose of this program is to establish operating procedures for the City of Santa Cruz Hearing Conservation Program. It is further intended to meet regulations set by CAL/OSHA, in 8 CCR Article 105, sections 5095-5100.

HEARING CONSERVATION PROGRAM
A hearing conservation program shall be administered whenever employee noise exposures equal or exceed an 8 hour timeweighted average sound level of 80 decibels measured on the A scale or a dose of 50%.

NOISE EXPOSURE
Protection against the effects of noise exposure shall be provided when the sound levels exceed those in Table 12
.

When employees are subject to noise exposures exceeding those listed in Table 1, feasible administration or engineering controls shall be utilized. If such controls fail to reduce noise exposures within the levels of Table 1, personal protective equipment shall be provided and used to reduce noise exposures with the levels

2 Adaptation and summary of noise level tables in 8 CCR 5095-5100, tables N-1 and A-1.

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of the Table 1. Radio headsets shall not be used as hearing protective devices.

Exposure to impulse or impact noise shall not exceed 140-dbpeak sound pressure level. Continuous noise exposures are measured with a calibrated standard sound level meter set on the A-scale at slow response or with calibrated noise dosimeters.

Table 1
Noise Exposure Limits
Sound Level Permissible Exposure
DBA (Hours)
80 16
85 8
90 4
95 2
100 1
105 0.5
Noise exposures shown in this table are equivalent to an 8-hour audio dosimeter reading of 100%.

MONITORING
The Safety Officer will provide affected employees with an opportunity to observe any noise measurements conducted within the City. A sound level meter may be used to screen noise exposures. If these exposure measurements and estimated exposure duration’s exceed a time-weighted average of 80 dBA, a more complete evaluation of employee noise dose is required. All continuous, intermittent and impulsive sound levels from 80 decibels to 130 decibels shall be integrated. Each employee exposed at or above an 8-hour TWA of 80 decibels or 50% shall be notified of the result of the monitoring.

AUDIOMETRIC TESTING
A baseline audiogram shall be taken within 90 days for each employee who is initially assigned or reassigned work areas where the noise exposure equals or exceeds an 8-hour time-weighted average or 80 dBA or a dose of 50%
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PROCEDURES
Employees included in the Hearing Conservation Program are informed of the purpose of audiometric testing, an explanation of the procedure, the results of the test.

1. An annual audiogram shall be taken for:
a) Each employee with noise exposure, which equals or exceeds an 8-hour time-weighted average or 80 dBA or a dose of 50%. b) Employees having a detected hearing loss.

2. A certified Hearing Conservationist performs audiometric testing. (Audiometric Technician).

3. The results of all audiometric tests are maintained in the employees medical files located in the Personnel Department.

4. Employees included in the Hearing Conservation Program shall receive an audiogram upon termination.

5. Each employee shall be notified of his or her audiometric test results in writing by the testing provider.

Note: A standard threshold shift is a change in hearing threshold relative to the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear. In these cases, a workers’ compensation form 5020 must be completed.

RECORD KEEPING
All records shall be maintained in the employees medical personnel files and shall include the following information:

Employee Exposure Measurements

1. Employee name and identification number.

2. Date the monitoring was performed.

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3. Employee’s job assignment and work location.

4. Noise levels, exposure duration and or other appropriate measurements of the work area.

5. Equipment records.

6. Records shall be maintained at least 30 years after termination of employment.

Audiometric Testing Records

1. Employee name and number

2. Employee job assignment and work location

3. Date, time, and location of test.

4. Name of person performing the test.

5. Records, information on test equipment, model, serial number and calibration date.

6. Employee’s most recent noise exposure assessment.

7. Records shall be maintained for the duration of affected employees employment.

In addition, the City will maintain a record of the qualifications of the specialists conducting all testing to include accurate measurements of the background sound pressure levels in audiometric test rooms.3

TRAINING
Employee training on Hearing Conservation shall be made available to all employees exposed to noise at or above 80 decibels 8-hour TWA of 80 decibels. Each city department shall provide training to ensure that hearing hazards, the purpose of hearing protection, and the intent of audiometric testing are understood by employees, and that the knowledge and skills required for safe work in environments with significant noise levels.

The training for the Hearing Conservation Program shall be held annually by each department. It will include at a minimum:

1. Effects of noise on the ear and hearing

2. Information on hearing protection equipment design, selection and care.

3 Article 105, Sections 5095-5100, Appendix C
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3. Information on audiometric testing and test procedures.

Each affected current, transfer, and/or new employee shall be instructed in the purpose and use of the Hearing Conservation Program.

Employee Hearing Conservation Program retraining will be provided for all authorized and affected employees whenever there is a change in their job assignment, a change in machines, equipment or processes that present a new hazard, or when there is a change in the Hearing Conservation Program procedure. Retraining will also be conducted whenever a periodic inspection reveals new noise levels or production changes resulting in noise levels identified by the Hearing Conservation Program procedure.

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GLOSSARY
Action Level An 8-hour time weighted average of 85
decibels measured on the A-scale, slow
response, or equivalently, a dose of fifty
percent.

Audiogram A chart, graph or table resulting from an
audiometric test showing an individuals hearing
threshold levels as a function of frequency
Audiologist A professional, specializing in the study and rehabilitation of hearing, which is certified by
the American speech, Hearing and Language
Association or licensed by a state board of
examiners.

Baseline audiogram The audiogram against which future
audiograms are compared.

Criterion Sound Level. A sound level of 90 decibels
Decibels Unit of measurement of sound level.
dBA (Decibels-A-Weighted). A unit of measurement
of sound level corrected to the A-weighted
scale, as defined in ANSI S1.4-1971 (R1976),
using a level of 20 mircopascals (0.00002
Newton per square meter).

Hertz. Unit of measurement of frequency, numerically
equal to cycles per second.

Medical Pathology A disorder or disease. For purposes of this program, a condition or disease affecting the
ear, which should be treated by a physician
specialist.

Otolaryngologist A physician specializing in diagnosis and treatment of disorders of the ear, nose and
throat.

Representative Exposure Measurements of an employee’s noise dose or 8-hour time weighted average sound level that
the employer deems to be a representative of
exposures of other employees in the
workplace.

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Table of Contents
Purpose ................................................................................................................................................ 1 Responsibilities ................................................................................................................................... 1 Procedures........................................................................................................................................... 2 Hazard Identification .......................................................................................................................... 2 Employee Protection.......................................................................................................................... 3 Reporting ........................................................................................................................................... 3 Response........................................................................................................................................... 3 Provision of Water.............................................................................................................................. 4 Access to Shade................................................................................................................................ 5 Training.............................................................................................................................................. 7 Appendices
A – Tips for Treating Heat-related Illness
B – Resources and Definitions
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PURPOSE
Employees who work in outdoor places of employment or on job tasks in other areas when environmental risk factors for heat illness are present are at risk for developing heat illnesses if they do not take adequate precautions.

The purpose of this policy is to protect employees at risk for heat illness by controlling, to the extent possible, the risk factors that can lead to heat illness and developing employee and supervisor awareness of heat illness prevention and response. All employees who are at risk from heat illness are expected to comply with the procedures in this policy.

This policy applies to all outdoor places of employment at those times when the environmental risk factors for heat illness are present. This written policy is based on the California Code of Regulations, Title 8, Section 3395.

This policy also applies to indoor places of employment when these structures may actually be hotter than the environment outside of them because of heating by the sun and conditions inside like limited air circulation or lack of insulation. Cal/OSHA considers a structure in this category to be an outdoor workplace if it does not significantly reduce the net effect of the environmental risk factors that exist immediately outside of the structure. Examples may include, but are not limited to, working in attics, crawl spaces, or buildings without air conditioning.

RESPONSIBILITIES
The Water Department Director or assigned designee:
• Preparing and maintaining a written policy that complies with the requirements of applicable Cal/OSHA requirements
• Ensuring training is conducted for potentially impacted employees and their supervisors on the risks and prevention of heat illness, including how to recognize symptoms and how to respond when they appear
Section Manager/Supervisor:
• Responsible for the effective implementation of this policy in order to ensure the safety of their employees.
• Identifying all employees who are required to work in environments where potential heat illness could occur and identifying the supervisor of the employees • Ensuring adequate water is available at a job site when the environmental risk factors for heat illness are present and encouraging affected employees to consume small amounts of water frequently
• Ensuring adequate shade is available at a job site when the environmental risk factors for heat illness are present and encourage employees to take preventative recovery periods whenever necessary
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• Ensuring all affected employees have received proper training on heat illness prevention • Ensure that newly hired employees or employees who are transferred into working outdoors are closely observed during periods of “high heat”. For the purposes of acclimatization, “high heat” is defined as 80 degrees or warmer, or 10 degrees warmer than the average temperature of the previous 5 days. This period of close observation must last a minimum of 14 days
• Ensuring the requirements in this document are followed • Contacting emergency medical services in the event medical assistance is required Affected employees:
• Complying with the provisions of the Heat Illness Prevention Policy as described in this document and in the training sessions they attend
• Consuming small amounts of water frequently at all times when the environmental risk factors for heat illness are present
• Taking preventative recovery periods in a shaded area to prevent or recover from heatrelated symptoms • Reporting heat-related illness symptoms to their supervisor

PROCEDURES
Hazard Identification
Managers will identify all employees and their supervisors who are required to work outdoors when the environmental risk factors for heat illness are present. Identification of potentially impacted employees will be made at the department level and notifications will be made to affected employees.

The agency will evaluate the actual environmental risk factors each day throughout the year, including:
• Actual weather conditions at the work site, such as temperature, humidity, and sunshine • Severity and duration of the work to be performed at the site • Amount of exposure to direct sunlight
• Types of clothing and personal protective equipment used by employees The agency will consider a variety of means to control these risk factors, such as:
• Allowing employees to acclimate to hot weather
• Providing shade for work areas
• Scheduling outdoor or vigorous work in the cooler parts of the day 2 25.296

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• Scheduling additional breaks during the hot times of the day • Providing misters or other cooling mechanisms
• Rotating employees with particularly hot or strenuous jobs • Providing a canopy cover when operating boats at Loch Lomond Employee Protection
Supervisors must ensure each affected employee has at least one quart per hour of drinking water available at all times for the duration of the shift. Supervisors are responsible for reminding employees drink frequently.

Supervisors are responsible for ensuring employees have access to a shaded area to prevent or recover from heat illness symptoms and to take rest breaks. Supervisors are responsible for allowing employees to have preventative recovery periods of at least five minutes at any time to prevent or recover heat illness symptoms. A vehicle is not considered a shaded area unless the engine is running and the air condition is working.

Reporting
Employees are to promptly report to their immediate supervisor any symptoms of heat illness they, themselves, are experiencing or signs of heat illness they observe in their co-workers.

Response
Supervisors will be trained to recognize the symptoms of heat illness and to provide an effective response.

As soon as a supervisor becomes aware of an employee with possible heat illness symptoms, the supervisor will take immediate steps to safeguard the employee’s well-being and to determine the response level needed.

The supervisor will call the Water Department Safety Coordinator and activate the internal first aid system, including dispatching a runner to retrieve a first aid kit.

If an employee’s condition appears to be severe and/or the employee’s condition does not improve after a recovery period, the supervisor will call 911 to activate an external emergency medical service (EMS) response. Employees with any of the symptoms of possible serious heat illness will not be sent home or left unattended without medical assessment and authorization from a qualified health care provider.

After activating either the internal first aid system or external EMS system to respond, the supervisor must follow generally accepted heat illness treatment guidelines such as those in Appendix A, California Department of Health Services Tips for Treating Heat Illness, being careful not exceed his or her level of first aid training.

If the supervisor determines the heat illness affected employee needs to be transported to a location that can accessed by the EMS provider, the employee will either be transported 3 25.297

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manually to that location or transported by a vehicle, depending on patient condition, distance, work site conditions, and time considerations.

If the supervisor determines external emergency medical response is needed, the supervisor will provide clear and precise directions to the work site and be prepared to provide pertinent information such as cross streets, mile markers, landmarks, and any other information requested by the emergency medical services dispatcher. Employees will be trained to provide the same information if needed.

Provision of Water
Affected employees will have reliable access to potable drinking water to replace fluid lost due to heat and working conditions. Where water is not plumbed, or otherwise continuously supplied, it will be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. The shift may begin with small quantities as long as an effective procedure is in place for replenishing water during the shift as needed so that the employees can meet the one quart per hour requirement.

Supervisors will encourage the frequent drinking of water by employees and will never pressure employees in any way to reduce their consumption of water to conserve the supply. Supervisors will ensure water is available to employees at all times and will not establish any practice that allows the water supply to run out or requires an employee to request water before replenishing the supply.

The following provisions for drinking water must also be in place:
• All sources of drinking water will be maintained in a clean and sanitary condition and be suitably cool.
• Place water containers as close as possible to workers. • Portable drinking water dispensers will be equipped with a faucet or drinking fountain, will be capable of being tightly closed, and will be otherwise designed, constructed, and serviced so that sanitary conditions are maintained. Such dispensers will be clearly marked as to its contents.
• Dipping or pouring of drinking water from containers from barrels, pails, or tanks is prohibited regardless of whether or not the containers are fitted with covers. • The use of a common cup, glass, or other vessel for drinking purposes is prohibited. • When single-service cups are supplied, a sanitary container for the unused cups and a receptacle for disposing of the used cups will be provided. • When sealed one-time use water containers are supplied, a receptacle for disposing of the used containers will be provided.
• When re-usable containers for individual use are used, the employer will ensure the containers are marked to identify the user and maintained in a sanitary condition. • Any container used to store or dispense drinking water will be clearly marked as to the nature of its contents and will not be used for any other purpose. • Supervisors will monitor water containers, and employees are encouraged to report to supervisor/designated person low levels or dirty water. 4 25.298

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• When drinking water levels within a container drop below 50%, the water will be replenished immediately, or water levels should not fall below the point that will allow for adequate water during the time necessary to effect replenishment. • Supervisors will provide frequent reminders to employees to drink frequently, and more water breaks will be provided.

Access to Shade
Employees suffering from heat illness or believing a preventative recovery period is needed must be provided access to an area with shade that is either open to the air or provided with ventilation or cooling for a period of no less than five minutes. The purpose of the recovery period is prevention of heat illness, and access to shade will be permitted at all times. The preventive recovery period is not a substitute for medical treatment. If an employee has any symptoms of heat illness, first aid procedures should be initiated.

Employers must provide employees access to shade when employees believe they need a preventative recovery or when they are actually suffering from a heat illness. Shaded areas used for preventative recovery periods must allow the employee to assume a comfortable posture and will not cause exposure to another hazard.

Shade must also be present when the outdoor temperature for the area closest to the location at which employees are to work is forecast as of 5:00 p.m. the previous day to be over 80 degrees Fahrenheit according to the National Weather Service. If the prediction on the previous day is for the temperature high for the area to exceed 85 degrees Fahrenheit, shade must be up as of the beginning of the shift and present throughout.

Employers may choose, as an alternative to monitoring predicted temperature highs, to measure the temperature hourly during the work shift to determine whether the dry bulb temperature exceeds 80 degrees Fahrenheit at the work site. This can be done by using any thermometer that reasonably appears to display the proper temperature. One way to make this determination is to check the reading against other thermometers to determine whether the temperature it shows is approximately the same, i.e., within approximately 1 degree Fahrenheit.

If this method is chosen, the employer must promptly provide actual shade for the remainder of the shift once a temperature reading exceeds 80 degrees Fahrenheit.

Regardless of what the predicted high has been the previous day, employers are expected to know if the actual temperature is exceeding 80 degrees Fahrenheit at their work site. If the temperature enters this range, shade must actually be present regardless of the previous day's predicted temperature high.

During the shift, there must always be enough shade to accommodate those employees who seek it to cool off as required by the standard. Employers should anticipate that the hotter the weather gets, the more employees are likely to seek shade at the same time. This does not mean there must be enough shade to accommodate all employees on the shift at the same time, however. Rather, an employer may comply by adopting a procedure to ensure that employees who desire access to shade will not be deprived of it due to lack of space. One such procedure would be for the rotation of employees in and out of shaded areas to ensure all have 5 25.299

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sufficient access for the five-minute interval specified in the regulation. Another would be to set up additional shade structures as needed. DOSH accepts as compliant any reasonable strategy that ensures employees are not deprived of shade when they believe a preventative recovery period is needed. Any such procedure must be clearly and accurately described employer's written heat illness prevention procedures.

As a general rule, and subject to the considerations described above, Cal/OSHA considers the amount of shade to be sufficient if there is enough to accommodate, at the same time, 25% of the employees on a shift, so that employees can sit comfortably in the shade without touching each other.

Enclosed areas must not be used to provide shade unless they allow cooling comparable to that provided by shade in the open air. Interiors of cars or other vehicles must not be used for shade unless the vehicle’s air conditioning is running, or the vehicle is kept from heating up in the sun in some other way. Interior areas such as metal storage sheds and other outbuildings must not be used for shade unless they provide a cooling environment comparable to shade in open air, meaning they must be mechanically ventilated or open to air movement.

The nearest shaded area must be as close as practicable. Usually this will mean that shade must be reachable within a 2½ minute walk, but Cal/OSHA recognizes that, just as in some cases it is practicable to place shade closer than that, the same considerations of practicality will necessitate shade being placed farther away than that in other cases. Cal/OSHA believes that in no case is it permissible for shade to be located more than ¼ mile or a five minute walk away, whichever is shorter.

High Heat Procedures:

When the temperature equals or exceeds 95 degrees Fahrenheit, supervisors will implement the following additional procedures.
1) Ensure that effective communication by voice, observation or electronic means is maintained to allow employees at a work site to contact a supervisor when necessary.

Cellular communication in the form of phone calls or text message may only be used if a reliable signal is present
2) Supervisors must effectively monitor employees through use of one of the following methods’
a. Direct observation of 20 or fewer employees by the supervisor or designee, or b. Mandatory buddy system, or
c. Regular communication with a solo worker, or
d. Other effective means of observation
3) Designate one or more employees as authorized to call for EMS assistance or allowing all employees to call for EMS assistance when needed.
4) Remind all employees throughout the work shift to drink plenty of water. 5) Conduct pre-shift meetings before work starts to review high heat procedures, encourage all employees to drink plenty of water and remind employees to take cooldown rest breaks when necessary. 6 25.300

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Training
All employees working on job tasks where environmental risk factors for heat illness are present and their supervisors will receive initial training on preventing and responding to heat illness when this policy is first established and annually before working in heat. All new employees who will work outdoors will be trained upon hire, and all employees transferring to outdoor positions will be trained upon transfer. Supervisors will be trained initially when the policy is first established, upon promotion or hire into a supervisory role, and annually thereafter.

Employees
Training must be provided for all employees working on job tasks where the environmental risk factors for heat illness are present and prior to being assigned to work tasks. Training will include the following:
• The environmental and personal risk factors for heat illness including the additional burden of heat loads caused by exertion, clothing and personal protective equipment • The agency’s procedures for complying with the requirements of this standard • The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties
• The importance of acclimatization
• The different types of heat illness and the common signs and symptoms of heat illness • The importance to employees of immediately reporting to the agency, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves or in coworkers • The agency’s procedures for responding to symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary • The agency’s procedures for contacting emergency medical services and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider
• The agency’s procedures for ensuring that in the event of an emergency, clear and precise directions to the work site can be provided as needed to emergency responders.

Supervisors
Supervisors will receive training on the following topics prior to being assigned to supervise outdoor employees:
• The training information required of the employees, detailed above • Procedures the supervisor must follow to implement the provisions of this policy • Procedures the supervisor must follow when an employee exhibits symptoms consistent with possible heat illness, including emergency response procedures 7 25.301

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APPENDIX A – TIPS FOR TREATING HEAT-RELATED ILLNESS
Heat Stroke
Heat stroke happens when the body can no longer control its temperature. The body’s temperature rises fast. The body cannot sweat and is unable to cool itself. Warning signs include red, hot, dry skin; very high body temperature; dizziness; nausea; confusion; strange behavior or unconsciousness; rapid pulse or throbbing headache. Heat stroke can cause death or disability if treatment is not given. What to do:
• Get immediate medical assistance
• Get the victim to a shady area
• Cool the person off with a cool shower, garden hose, etc. • Do not give the victim fluids to drink
• If emergency medical personnel are delayed, call the hospital for further instructions Heat Exhaustion
Heat exhaustion is a milder illness that happens when the body has lost too much water and salt in sweat. Warning signs include heavy sweating, cramps, headache, nausea or vomiting, paleness, tiredness, weakness, dizziness, and fainting. If heat exhaustion is not treated, it can turn into heat stroke. Get medical assistance if the symptoms are severe or if the victim has heart problems or high blood pressure. Help the victim cool off with:
• Cool, nonalcoholic beverages
• Rest, lying down
• Cool shower, bath or sponge bath
• Air-conditioning
• Lightweight clothing
Heat Syncope
Heat syncope is a fainting (syncope) episode or dizziness that usually occurs with prolonged standing or sudden rising from a sitting or lying position. Factors that may contribute to heat syncope include dehydration and lack of acclimatization. Symptoms of heat syncope include light-headedness, dizziness, and fainting. Workers with heat syncope should:
• Sit or lie down in a cool place when they begin to feel symptoms • Slowly drink water, clear juice, or a sports beverage Heat Cramps
Heat cramps are muscle pains and spasms due to heavy activity. They usually involve the stomach muscles or the legs. It is generally thought that the loss of water and salt from heavy sweating causes the cramps. If you have heart problems or are on a low-sodium diet, get medical attention for heat cramps. What to do:
• Stop and sit quietly in a cool place
• Drink clear juice or a sports beverage

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• Rest for a few hours to avoid heat exhaustion or heat stroke • Get medical assistance if heat cramps do not stop after one hour Heat Rash
Heat rash is a skin irritation caused by excessive sweating during hot, humid weather.

Symptoms include red cluster of pimples or small blisters. Heat rash is more likely to occur on the neck and upper chest, in the groin, under the breasts, and in elbow creases. Workers experiencing heat rash should:
• Try to work in a cooler, less humid environment when possible • Keep the affected area dry
• Dusting powder may be used to increase comfort
Sunburn
Sunburn is when skin becomes red, painful and unusually warm after being in the sun. Sunburn should be avoided because it damages the skin and could lead to more serious illness. What to do:
• See a doctor if the sunburn victim has fever, blisters, or severe pain • Stay out of the sun
• Bathe the sunburned area with cool water
• Use moisturizing lotion on sunburn; do not use salve, butter or ointment • Do not break blisters

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APPENDIX B – RESOURCES AND DEFINITION
Cal/OSHA
Heat Illness Prevention and Information
www.dir.ca.gov/DOSH/HeatIllnessInfo.html
Centers for Disease Control (CDC)
Frequently Asked questions (FAQs) About Extreme Heat
www.bt.cdc.gov/disasters/extremeheat/faq.asp
Heat Stress in the Elderly
www.bt.cdc.gov/disasters/extremeheat/elderlyheat.asp
California Department of Industrial Relations
Heat Illness on the Job – multilingual public service announcements www.dir.ca.gov/DIRNews/PSA_Page.html

DEFINITIONS
Acclimatization
The temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within 4 to 14 days of regular work for about two hours per day in the heat.

Environmental Risk Factors for Heat Illness
Include working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, and radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing, and personnel protective equipment worn by employees Heat Illness
A serious medical condition resulting from the body’s inability to cope with a particular heat load and includes heat cramps, heat exhaustion, heat syncope, and heat stroke Personal Risk Factors for Heat Illness
Includes factors such as an individual’s age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body’s water retention or other physiological responses to heat Preventative Recovery Period
A period of time to recover from the heat in order to prevent heat illness Shade
The blockage of direct sunlight. Canopies, umbrellas, and other temporary structures or devices may be used to provide shade. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of

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shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it unless the car is running with air conditioning on. Shade must not cause exposure to another hazard.

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UPDATED JANUARY 2022
Table of Contents
Purpose ................................................................................................................................................. 1 Responsibilities ...................................................................................................................................... 1 Procedures ............................................................................................................................................ 4 Communication .................................................................................................................................. 4 Compliance ........................................................................................................................................ 5 Hazard Assessment and Corrective Action ........................................................................................ 5 Incident/Near Miss Investigation ........................................................................................................ 6 Training .............................................................................................................................................. 6 Record Keeping ................................................................................................................................. 6

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1 PURPOSE
The Santa Cruz Water Department established this Injury and Illness Prevention Policy (IIPP) in accordance with Title 8, California Code of Regulations, Section 3203, of the General Industry Safety Orders. The IIPP embodies proper attitudes toward injuries and illness prevention on the part of managers, supervisors, and employees. It requires cooperation in safety and health matters, not only between supervisor and employee, but also between each employee and his/her coworkers. All employees are required to comply with the Department’s safety and health policies and safe practices.

RESPONSIBILITIES
Water Department Director or assigned designee:
 Implement the IIPP.
 Ensure Sections are conducting safety training related to general safety policies, rules, and work practices.
 Ensure consistent enforcement of safety rules from Section to Section.  Coordinate workplace inspections of facilities/Sections.  Review workplace inspections reports and ensure corrective actions are taken.  Ensure a system is in place to correct identified hazards and unsafe working conditions in a timely manner.
 Ensure accident investigations are completed, investigation reports are generated and corrective action is followed up in a timely manner.
 Communicate safety information and updates to employees.  Ensure safety-related documentation, including training records, inspections, corrective action, and safety communication is retained in accordance to the IIPP.  Include safety performance as a regular part of discussions held with Section Managers and Supervisors.
 Establish and support the Water Department Safety Committee (WDSC).  Attend WDSC and Section safety meetings, on occasion, to demonstrate management support of the safety program.

Section Managers:
 Support a positive safety culture.
 Establish and review safety policies and other safety documents  Ensure employees receive safety training in job hazards and safe work practices.  Provide necessary safety and/or ergonomic equipment.
 Ensure safety rules and safe work practices are followed.

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2  Communicate to employees the penalties for violation of safety rules.  Ensure workplace inspections are conducted and are documented properly.  Correct hazardous conditions and unsafe work practices in a timely manner.  Upon occupational injuries and illnesses and near miss incidents, reevaluate training and safety program and discuss with the entire Section.  Ensure return-to-work accommodations are reviewed and implemented for all occupational injuries and illnesses in coordination with City Policy.  Hold meetings in which employees may freely and openly discuss health and safety issues.
 Review online anonymous safety concern submittals.

Supervisors:
 Establish a strong safety attitude among employees and a clear understanding of specific duties and responsibilities.
 Enforce safety rules and safe work procedures in a consistent manner.  Ensure employees are properly trained in processes, procedures, and safe work practices.
 Ensure personal protective equipment is provided and being used by employees.  Ensure tools and equipment are safe and, if a hazard exists, initiate action to have the condition corrected or repairs made.
 Perform periodic walk-throughs of work areas to ensure they are in an orderly manner, and free of hazardous conditions and unsafe work practices.  Notify the Section Manager immediately whenever an injury occurs.  Investigate all injuries, illnesses, incidents and near misses, and create a written report to determine the cause and to prevent reoccurrence.
 Assist the Section Manager in arranging modified duty assignments for injured workers.  Actively participate in safety meetings and lend support to promotional activities.  Provide positive reinforcement to employees who follow proper safety procedures.

Employees:
 Know and follow written and verbal safety policies and procedures and discuss all questions with the supervisor.
 Perform tasks that they are trained and authorized to perform.  Use supplied personal protective equipment and tools as required by position and task being performed.
 Report all work-related injuries immediately to the supervisor, no matter how minor.

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3  Report unsafe conditions, equipment, work site, and other hazards to the supervisor.  Provide ideas and suggestions to help prevent accidents and injuries.  Ensure work performed by yourself and coworkers is done in a safe manner.

WDSC:
 Set annual goals and a work plan for safety performance.  Hold meetings to provide management and employees an opportunity to discuss safety concerns, evaluate employee suggestions, and provide suggestions to improve the Department’s safety program.
 Follow-up on recommendations generated in previous meetings.  Review workplace inspection reports and help ensure corrective actions have been taken.
 Review redacted accident investigations reports prepared by supervisors to help ensure prevention of future similar occurrences.
 Review injury data and provide recommendations to reduce the risk of injuries.  Review online anonymous safety concern submittals.
 Provide regular communication to Sections and department wide.  Coordinate department wide safety trainings, as required.

Stop Work Authority (SWA):

In addition to the Occupational Safety and Health Administration (OSHA) requirement that all employees be allowed to refuse to perform any task they believe is unsafe, employees, regardless of position, haves the authority and responsibility to call a work stop, if they believe a hazardous condition exists. The employee may stop work by verbally addressing the persons involved. The SWA is not applicable to any contractor’s safety program. However, if a Water Department employee believes Water Department contractor is not conducting work safely, the employee may notify the Water Department project manager or designated Water Department inspector on-site, if present.

The SWA requires that work immediately stop until the hazardous condition is corrected.

Should the correction be minor in nature and easily corrected, those steps should be completed and work resumed. Should a condition require a more in-depth solution, the supervisor should be notified so that a discussion can occur during which a solution is agreed upon. There are no repercussions for calling a SWA and a SWA can never be overridden by any person, until a proper solution is implemented.

If an employee believes a hazardous condition exists on a Water Department construction project, the employee should immediately notify the construction manager or project manager, whichever is on-site. The construction manager or project manager will work with the construction team to correct the hazardous condition.

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4 PROCEDURES
Communication
Open, two-way communication between management and staff on health and safety issues is essential for an injury-free, productive workplace. The Department uses the following communication systems:
 Training
Training requirements are designed to instruct each employee on general and jobspecific safety procedures.  WDSC
The WDSC provides a forum for management and employees to discuss safety concerns, review accidents, and evaluate employee suggestions.  Department/Section Safety Meetings
The Water Department will hold department wide safety meetings, as required, but no less than annually. Each Section will hold meetings in which employees may freely and openly discussing health and safety issues. The frequency of Section meetings will be based upon the workplace exposures but should occur at least monthly. Meetings can be used to discuss:
- New hazards that have been introduced or discovered in the workplace. - Causes of recent accidents or injuries and the methods adopted to prevent similar incidents in the future.
- Health or safety issues deemed necessary by management to require reinforcement.
- Retraining on required procedures.
- Recognition of employees who follow safe and healthful work practices  Safety Postings and E-mails
Section Managers and Supervisors will periodically post and/or e-mail safety related information to all employees.
 Reporting of Safety Concerns
Employees are encouraged to report safety concerns directly to their Section Manager, Supervisor, or to the WDSC, without fear of reprisal or punishment. Under California law, it is illegal for any employer to take action against employees who exercise their right under the law to report unsafe conditions. Section Managers and Supervisors are to encourage employees to report hazards and commend them for their safety awareness.

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5  Online Anonymous Form
Employees may submit anonymous concerns regarding hazards, labor/management safety and health committee using the department’s online anonymous form.

Submissions will be emailed to the WDSC Chair and discussed at WDSC meetings and/or with management.
https://www.cityofsantacruz.com/government/city-departments/water/water-departmentsafety-concerns Compliance
The Department will support and enforce the safety program to ensure that employees know how to prevent injuries and illnesses and understand the importance of complying with the Department’s safety policies and procedures. Enforcement includes the following:
 Inform employees of the IIPP in a “readily understandable” language.  Evaluate the safety performance of employees and management personnel.  Recognize employees who perform safe work practices. This recognition may include oral acknowledgement, recognition at meetings, awards or other recognition deemed appropriate by management.
 Provide training and education to employees and retraining to those whose safety performance is deficient.
 Discipline employees for failure to comply with safe processes, procedures and practices.

Hazard Assessment and Corrective Action
The Department is committed to providing employees with safe facilities and operations.

Section Managers and Supervisor are responsible for maintaining their areas in a condition that ensures the safety of employees and the public.

Every effort will be made to identify and eliminate all potential hazards by means of a periodic walk-thru of the facility and/or operations. If an employee detects a hazard, he/she must immediately leave the area and report the situation to his/her Section Manager or Supervisor.

When a hazard is identified, the Section Manager or Supervisor will provide corrective action to immediately eliminate the hazard. If a hazard cannot be eliminated immediately, the hazard should be communicated to all affected employees through the use of proper warnings or barriers. Corrective action should take no longer than six months after detection. If necessary to ensure employee safety, a work stoppage may be required.

If a piece of equipment is identified and deemed to be unsafe to operate or could cause injury to an employee, the Section Manager or Supervisor must remove the equipment from service immediately and tag it appropriately. If equipment is taken out of service or if there is a possible delay in correcting the hazard, the IIPP Administrator should be notified.

Workplace Inspections
In addition to periodic hazard assessments, the IIPP will coordinate thorough workplace inspections in accordance with the Standard Operating Procedure (SOP) Workplace Inspections. They will be conducted at new sites, when a new hazard has been identified, and every two years after that. Workplace inspections will be conducted by employee, with

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6 experience or training to identify actual or potential hazards, or by a safety consultant. The WDSC will review workplace inspection reports and help ensure corrective actions have been taken. The SOP Workplace Inspections provides a list of identified workplace inspection sites, sample hazard inspection criteria to help guide inspectors, and a sample workplace inspection form that can be used to identify the hazard findings and keep track of the status of corrective action.

Incident/Near Miss Investigation
If an incident/near miss occurs, it is essential that the Supervisor complete a thorough investigation in order to find out what caused the incident/near miss and to take action to avoid a similar occurrence in the future. The Supervisor will discuss the incident/near miss at the Section level. The Supervisor will prepare a report documenting his/her findings. The WDSC will review the redacted report to help ensure similar incidents do not occur.

The City’s Intranet provides instructions on reporting incidents and on completing Worker’s Compensation forms. The Section Manager or Supervisor is responsible for completing such forms.

Training
All employees will participate in Department occupational health and safety training on general and job-specific hazards and safe work practices. Each Section Manager and Supervisor will be trained on all health and safety hazards to which employees under his or her immediate direction and control are exposed. Training will be provided as follow:
 When the IIPP is first established
 New employees are hired
 Employees are reassigned to a new area or task with no prior training  New substances, operations, or equipment are introduced  In accordance with the Employee Safety Training Matrix Employee Safety Training Matrix
Job-specific hazard assessments were used to develop an occupational health and safety training matrix for employees, per position, per Section. Employee Safety Training Matrices identify the required training and frequency of training for each employee. Section Managers are responsible for delivering and tracking the completion of each employee’s required training.

Record Keeping
IIPP records will be maintained consistent with the Department’s record-keeping procedures.

Each Section is responsible for documenting IIPP implementation.

Hazard Assessments/Corrective Actions and Workplace Inspection Records Hazard assessments/corrections and workplace inspections records, including the name of the individual conducting the inspection, the unsafe conditions and work practices identified, and corrective actions taken, will be retained for three years.

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7 Training Records
Training records will be retained for each employee for a minimum of three years. Training documentation will include the employee’s name, training dates, training curriculum, and the training provider. Training records include safety training topics delivered during staff meetings or during fieldwork with employees when safety procedures are evaluated or reviewed.

Health and safety training documentation will be retained for each individual within their Section.

Safety trainings must be recorded through Target Solutions, the Department’s online safety training software.

Communication Records
Section staff meeting minutes, tailgate meetings and other relevant documentation of IIPP communications, compliance, and accident investigation results will be retained for three years.

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LEAD COMPLIANCE POLICY
Revision Date: January 2012
Table of Contents
Purpose ................................................................................................................................................ 1 Responsibilities ................................................................................................................................... 1 Procedures........................................................................................................................................... 2 Exposure Monitoring .......................................................................................................................... 2 Welding/Lead Paint Removal Operations ........................................................................................... 2 Engineering Controls ......................................................................................................................... 2 Administrative Controls ...................................................................................................................... 2 Personal Protective Equipment .......................................................................................................... 3 Medical Surveillance .......................................................................................................................... 3 Training .............................................................................................................................................. 3 Appendices1
A – Definitions

1 Safe Practice Guideline – Lead Exposures – General Awareness

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1 PURPOSE
The purpose of this policy is to ensure employee exposures to lead are minimized and the Department is in compliance with Federal and State OSHA regulations.

RESPONSIBILITIES
Engineering Section Manager:
 Investigate upcoming work which may involve the disturbance of lead-containing materials at the project design phase so recommendations can be included in bid specifications.
 Ensure bid specifications disclose all hazardous lead materials that may be encountered by a contractor, and the party responsible for their mitigation.

Section Manager:
 Coordinate initial exposure assessments and workplace monitoring to determine an employee’s potential exposure to airborne lead. An approved contractor will:
 Recommend appropriate engineering and administrative controls to ensure that airborne lead levels do not exceed the Cal/OSHA Action Level.  Recommend appropriate personal protective equipment (PPE).  Notify managers and supervisors of personal lead air monitoring results.  Conduct lead awareness training for employees who perform any tasks in which there is a potential exposure to airborne lead at any level.

Supervisors:
 Ensure employees receive appropriate training.
 Ensure employees follow established safety procedures and that engineering controls are properly functioning.
 Notify the Section Manger of employees who may have a potential exposure to airborne lead, as well as operations or changes that may produce or increase lead exposure to employees.
 Ensure employees who perform work that may have a potential to exceed the Action Level (Controlled Operation) are in a medical surveillance policy and have had a baseline blood lead sample prior to starting work.

Employees:
 Follow lead safety procedures.
 Notify supervisor of tasks or procedures that may cause lead exposure.

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2 PROCEDURES
Exposure Monitoring
As warranted, the Water Department will conduct personal exposure monitoring to determine the lead exposure levels for employees who perform tasks that involve working with lead or its compounds. This is an ongoing policy and new tasks involving work with lead will be monitored as they occur.

Tasks that have been monitored and found to be below the Action Level will be re-monitored periodically or whenever there is a change in process, control, or changes in personnel that may change the level of exposure to lead.

Tasks that have been monitored and found to be above the Action Level shall be stopped immediately until engineering and/or work practice controls (including administrative controls) are implemented to reduce and maintain employee exposures to below the Action Level.

Results of airborne lead exposure monitoring shall be provided to employees by their supervisor within two days of their receipt from a contracted laboratory.

Welding/Lead Paint Removal Operations
Welding and lead paint removal operations have been identified as having the potential to exceed the Action Level and shall not be performed without the appropriate engineering and/or administrative controls. Though these controls reduce employee exposure to below the Action Level, the respiratory equipment requirements specified below are intended to further minimize employee exposure, consistent with the ALARA concept. Employees performing these tasks will not eat, drink, smoke etc., while performing these tasks. They will also wash their hands before taking breaks or otherwise leaving the area. Showering may be required, if the PEL is exceeded.

Typically the work is performed by employees in the Distribution Section or by contractors.

Paint removal may be performed to prepare surfaces for repainting, or prior to welding, hot cutting, or brazing. Paint removal involves the reduction of visible lead paint by sanding or grinding the surface. Welding, brazing, or heating lead painted surfaces above 6000F is prohibited, unless the paint has been removed to bare metal six inches from either side and behind the area that is to be welded, brazed, or heated. The purpose of this is to prevent the generation of lead fumes from the paint when the metal is heated. In certain instances (e.g., limited access, extent of work), with the proper safety precautions, the Director of the Water Department may waive the requirement to remove the paint prior to welding/cutting.

Engineering Controls
When working indoors, local exhaust ventilation equipped with HEPA (or equivalent) filtration shall be used when performing this type of work.

Administrative Controls
 Lead awareness training
 Work performed in designated area with warning signs.  Written procedures.

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3 Personal Protective Equipment
It is important to avoid the contamination of personal clothing, and to ensure that lead contaminated materials do not leave the work area unless they are sealed. Disposable coveralls, gloves, shoe covers etc., shall be used whenever it is possible to contaminate personal clothing during lead work.
 Full facepiece negative pressure respirator with HEPA* filters or continuous flow airline respirator for welding and paint removal in order to achieve an assigned protection factor of at least 50 times the PEL. The use of a lower level of respiratory protection is allowable if an initial exposure assessment or previous exposure air monitoring results warrant the downgrade. Though the majority of visible paint is removed prior to welding, air sampling results have indicated that it is not possible to remove all of the paint, and there will be some lead-based paint present in cracks and other uneven surfaces of the metal to be welded. In certain cases a full facepiece respirator with combination HEPA/Organic Vapor cartridges may be required for paint that may contain resins and polymers that can burn to form airborne organic compounds.  Disposable coveralls with head and foot covering.
 Safety shoes
Medical Surveillance
All employees and contractors who have a potential exposure to significant ( 3) amounts of airborne lead shall have a base-line blood lead sample taken prior to starting work..

Personnel with a baseline blood lead level exceeding 25ug/100 ml shall not perform work that may expose them to airborne lead.

Training
Employees who have a potential exposure to airborne lead at less than the Cal/OSHA Action Level are required to take a lead awareness and hazard communication training. Safe Practice Guidelines have been established and are available for review.

Employees who perform welding and lead paint removal operations or other tasks which could potentially result in exposures above the Cal/OSHA Action Level are required to take lead awareness and hazard communication training.

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APPENDIX B – DEFINITIONS
Action Level
The Cal/OSHA occupational exposure limit (without regard to the use of respirators) for airborne contaminants. For lead it is 30 micrograms per cubic meter of air (30 µg/m3) for an 8-hour Time-Weighted Average (TWA). Employees whose exposure is above the Action Level for more than 30 days per year are required to be in a medical surveillance policy.

Affected Employee
Any employee whose exposure is at or above the Action Level.

ALARA
“As Low As Reasonably Achievable.” Department policy is to keep employee chemical exposure as low as feasible.

HEPA
A high efficiency particulate air filter capable of filtering 0.3 micron particles with 99.97 percent efficiency.

Lead
Metallic lead, all inorganic lead compounds (e.g., laboratory reagents, solder), and organic lead soaps. All other organic lead compounds, such as tetraethyl lead, are excluded from this definition.

Lead Paint
Paint containing greater than 0.06 % (600 ppm) lead.

Medical Surveillance
Consists of medical examinations as well as blood sampling for lead and zinc protoporphyrin, if applicable. Performed by or under the supervision of a physician. The LBL EHS Health Services Group is responsible for the Medical Surveillance Policy.

Permissible Exposure Limit (PEL)
An OSHA occupational exposure limit (without regard to the use of respirators) for airborne contaminants. For lead it is 50 micrograms per cubic meter of air (50 µg/m3) for an 8-hour Time-Weighted Average (TWA). Exposure to airborne lead above the PEL triggers requirements such as housekeeping, engineering controls, showers, change and lunch rooms, area posting, personal protective equipment, and respiratory protection.

PPE
Personal protective equipment. Safety equipment worn by employees; may include safety glasses, respirators, coveralls etc.

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HAZARDOUS ENERGY CONTROL PROGRAM

LOCKOUT/TAGOUT

WATER DEPARTMENT
Table of Contents
Introduction ................................................................................................................................ 1 Purpose ..................................................................................................................................... 1 Scope ........................................................................................................................................ 1 Responsibilities .......................................................................................................................... 2 Requirements for Lockout/Tagout Devices ................................................................................. 2 Lockout/Tagout Procedures ....................................................................................................... 3 Training ...................................................................................................................................... 7 Periodic Inspections and Audits ................................................................................................. 7 Exhibits
A. Sample Form - Equipment LOTO Procedures
B. Example of Completed Equipment LOTO Form
C. Types of LOTO Devices
D. Agreement to Abide
E. Equipment Specific LOTO Procedures for the Department F. Definitions
UPDATED APRIL 2021

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WATER DEPARTMENT

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Santa Cruz City CouncilJune 27, 2023

Santa Cruz City Council
June 27, 2023