CITY OF SANTA ROSA
PROGRESSIVE DESIGN-BUILD
CONTRACT DOCUMENTS
FOR
LLANO TRUNK REHABILITATION PHASE 1
PROJECT
PROJECT NO. C02403
i
City of Santa Rosa
Design-Build Contract Documents
TABLE OF CONTENTS
CONTRACT ..................................................................................................................................... 1 PAYMENT BOND............................................................................................................................ 7 PERFORMANCE BOND ................................................................................................................. 9 GENERAL CONDITIONS ............................................................................................................. 12 Article 1 - Definitions ................................................................................................................... 12 Article 2 - Roles and Responsibilities ....................................................................................... 16
2.1 Relationship with City .................................................................................................... 16
2.2 Scope of Services. ......................................................................................................... 16
2.3 Engineering Services ..................................................................................................... 17
2.4 Construction Services .................................................................................................... 21
2.5 DBE’s Subcontractors.................................................................................................... 24
2.6 Coordination of Work ..................................................................................................... 25
2.7 Submittals. ..................................................................................................................... 25
2.8 Shop Drawings. ............................................................................................................. 26
2.9 Access to Work .............................................................................................................. 26
2.10 Personnel ....................................................................................................................... 26 Article 3 - Contract Documents .................................................................................................. 27
3.1 Contract Documents ...................................................................................................... 27
3.2 Order of Precedence ..................................................................................................... 27
3.3 Baseline Project Documents ......................................................................................... 27
3.4 For Reference Only ....................................................................................................... 28
3.5 Current Versions. ........................................................................................................... 28 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 28
4.1 Payment and Performance Bonds ................................................................................. 28
4.2 Indemnity and Liability ................................................................................................... 28
4.3 Insurance. ...................................................................................................................... 29 Article 5 - Contract Time ............................................................................................................. 32
5.1 Time is of the Essence .................................................................................................. 32
5.2 Schedule Requirements ................................................................................................ 32
5.3 Delay and Extensions of Contract Time ........................................................................ 34
5.4 Liquidated Damages ...................................................................................................... 37 Article 6 - Contract Modification ................................................................................................ 37
6.1 Contract Modification. .................................................................................................... 37
6.2 DBE Change Order Requests ....................................................................................... 39
6.3 Adjustments to Contract Price ....................................................................................... 39
6.4 Unilateral Change Order ................................................................................................ 40
6.5 Non-Compliance Deemed Waiver ................................................................................. 40 Article 7 - General Construction Provisions ............................................................................. 40
7.1 Permits, Fees, Business License, and Taxes ............................................................... 40
7.2 Temporary Facilities ...................................................................................................... 41
7.3 Noninterference and Site Management ......................................................................... 41
7.4 Signs .............................................................................................................................. 42
7.5 Project Site and Nearby Property Protections. .............................................................. 42
7.6 Materials and Equipment ............................................................................................... 43
7.7 Substitutions. ................................................................................................................. 43
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7.8 Testing and Inspection .................................................................................................. 44
7.9 Project Site Conditions and Maintenance. .................................................................... 45
7.10 Instructions and Manuals ............................................................................................... 47
7.11 As-built Drawings ........................................................................................................... 47
7.12 Existing Utilities .............................................................................................................. 47
7.13 Notice of Excavation ...................................................................................................... 48
7.14 Trenching and Excavations of Four Feet or More ......................................................... 48
7.15 Trenching of Five Feet or More ..................................................................................... 48
7.16 New Utility Connections ................................................................................................. 49
7.17 Lines and Grades. ......................................................................................................... 49
7.18 Historic or Archeological Items ...................................................................................... 49
7.19 Environmental Control ................................................................................................... 49
7.20 Noise Control. ................................................................................................................ 50
7.21 Mined Materials ............................................................................................................. 50 Article 8 - Payment ...................................................................................................................... 50
8.1 Payment for Services..................................................................................................... 50
8.2 Schedule of Values ........................................................................................................ 50
8.3 Progress Payments ....................................................................................................... 50
8.4 Adjustment of Payment Application ............................................................................... 51
8.5 Early Occupancy. ........................................................................................................... 52
8.6 Retention ....................................................................................................................... 52
8.7 Payment to Subcontractors and Suppliers .................................................................... 53
8.8 Final Payment ................................................................................................................ 53
8.9 Release of Claims .......................................................................................................... 53
8.10 Warranty of Title ............................................................................................................ 53 Article 9 - Labor Provisions ........................................................................................................ 53
9.1 Discrimination Prohibited ............................................................................................... 53
9.2 Labor Code Requirements ............................................................................................ 54
9.3 Prevailing Wages ........................................................................................................... 54
9.4 Payroll Records ............................................................................................................. 54
9.5 Labor Compliance .......................................................................................................... 55
9.6 Skilled and Trained Workforce. ..................................................................................... 55 Article 10 - Safety Provisions ..................................................................................................... 55
10.1 Safety Precautions and Programs ................................................................................. 55
10.2 Hazardous Materials ...................................................................................................... 56
10.3 Material Safety ............................................................................................................... 56
10.4 Hazardous Condition ..................................................................................................... 56
10.5 Emergencies .................................................................................................................. 56 Article 11 - Completion and Warranty Provisions .................................................................... 56
11.1 Final Completion ............................................................................................................ 56
11.2 Warranty ........................................................................................................................ 57
11.3 Use Prior to Final Completion ........................................................................................ 58
11.4 Substantial Completion .................................................................................................. 59 Article 12 - Dispute Resolution .................................................................................................. 59
12.1 Claims. ........................................................................................................................... 59
12.2 Claims Submission. ....................................................................................................... 59
12.3 City’s Response. ............................................................................................................ 61
12.4 Meet and Confer. ........................................................................................................... 61
12.5 Mediation and Government Code Claims...................................................................... 62
12.6 Tort Claims. ................................................................................................................... 62
12.7 Arbitration. ..................................................................................................................... 62
12.8 Burden of Proof and Limitations. ................................................................................... 62
12.9 Legal Proceedings ......................................................................................................... 63
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12.10 Other Disputes. .............................................................................................................. 63 Article 13 - Suspension and Termination .................................................................................. 63
13.1 Suspension for Cause. .................................................................................................. 63
13.2 Suspension for Convenience. ........................................................................................ 63
13.3 Termination for Default. ................................................................................................. 64
13.4 Termination for Convenience. ....................................................................................... 65
13.5 Actions Upon Termination for Default or Convenience. ................................................ 65 Article 14 - Miscellaneous Provisions ....................................................................................... 66
14.1 Assignment of Unfair Business Practice Claims ........................................................... 66
14.2 Provisions Deemed Inserted ......................................................................................... 67
14.3 Waiver ............................................................................................................................ 67
14.4 Titles, Headings, and Groupings ................................................................................... 67
14.5 Statutory and Regulatory References ........................................................................... 67
14.6 Survival .......................................................................................................................... 67 SPECIAL CONDITIONS ............................................................................................................... 68 BASELINE PROJECT DOCUMENTS .......................................................................................... 70
Llano Trunk Rehabilitation Phase 1Project PROGRESSIVE DESIGN-BUILD CONTRACT Project No. C02403 Page 1
PROGRESSIVE DESIGN-BUILD
CONTRACT
This progressive design-build contract (“Contract”) is entered into on this ________ day of ______ 20__ (“Effective Date”) by and between the City of Santa Rosa (“City”), a municipal corporation, and SAK Construction, LLC (“DBE”), a Missouri limited liability company, for design and construction of the Llano Trunk Rehabilitation Phase 1 Project (“Project”).
RECITALS
A. The Project involves Engineering Services and Construction Services of approximately 8,100 linear feet of 66-inch reinforced concrete trunk sewer on Llano Road and twelve trunk manholes along the trunk sewer.
B. Pursuant to § 22170 of the Public Contract Code, City issued a Request for Qualifications (“RFQ”), dated April 6, 2023 to potential Design-Build Entities for the Project.
C. Pursuant to § 22170 of the Public Contract Code, City issued a Request For Proposals (“RFP”), dated July 13, 2023, to pre-qualified Design-Build Entities, requesting proposals to provide the design-build services (“Services”) for the Project.
D. DBE submitted its proposal (“Proposal”) on September 7, 2023 in response to the RFP.
City’s evaluation panel determined that DBE’s Proposal offered the best value t o the City.
E. The Board of Public Utilities awarded the Contract for the Project to DBE and authorized the City to enter into this Contract with DBE.
F. City has awarded the Contract for the Project to DBE in reliance on DBE’s representations and qualifications in response to the RFQ and DBE’s Proposal, and based on City’s determination that DBE’s Proposal offers the best value under the criteria set forth in the RFP.
TERMS AND CONDITIONS
The parties agree as follows:
1. Contract Documents. The Contract Documents are comprised of duly authorized and executed Change Orders; this Contract and any duly authorized and executed amendments thereto; the Notice to Proceed No. 1 (“NTP -1”) for Engineering Services ; the Notice to Proceed No. 2 (“NTP -2”) for Construction Services ; the Special Conditions; the General Conditions; Baseline Project Document; the required (if issued); payment and performance bonds; the City-approved Construction Documents; the RFP and any adde nda thereto; and the Proposal and attachments thereto; all of which are incorporated herein. Capitalized terms that are used in this Contract or elsewhere in the Contract Documents that are not otherwise defined have the same meanings provided for those t erms in Article 1 of the General Conditions.
2. DBE’s Responsibilities. DBE is responsible for providing the Services necessary to design and construct the Project as required by the Contract Documents. DBE must exercise reasonable skill and judgment in the performance of the Services. DBE must provide, furnish, and supply all services and things necessary and incidental for the timely design, performance and completion of the Project, including provision of all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. DBE must use its best efforts to diligently prosecute and complete the Services in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
Llano Trunk Rehabilitation Phase 1Project PROGRESSIVE DESIGN-BUILD CONTRACT Project No. C02403 Page 2
3. Payment.
3.1 Contract Price. The Contract Price will be progressively and sequentially developed throughout the duration of this Contract. The Contract Price may be modified by Change Order to this Contract , including to incorporate any Final GMP for Construction Services approved by the City pursuant to this Contract. The Contract Price will be full and complete compensation for DBE’s timely performance and completion of the Project in strict accordance with the terms and conditions of the Contract Documents, City will pay DBE an amount not to exceed $1,302,657.45 (“Contract Price”), which consists of the following components:
(A) Engineering Services. For complete and satisfactory performance of all Engineering Services, City will pay DBE $1,302,657.45, which includes the following services:
(1) Project Management Services. For complete and satisfactory performance of the Project Management Services, City will pay DBE $110,379.50.
(2) Pre-Construction Services. For complete and satisfactory performance of the Pre-Construction Services, City will pay DBE $95,519.60.
(3) Pre-Design Services. For complete and satisfactory performance of the Pre- Design Services, City will pay DBE $170,903.75.
(4) Design Services. For complete and satisfactory performance of the Design Services, City will pay DBE $482,346.70.
(5) Environmental Compliance and Permitting Services . For complete and satisfactory performance of the Environmental Compliance and Permitting Services, City will pay DBE $443,507.90.
(B) Construction Services. Where the City approves a Final GMP for Construction Services and issues NTP -2 pursuant to this Contract, the City will pay DBE that Final GMP for complete and satisfactory performance of the Construction Services.
3.2 Scope and Limitations.
(1) The Contract Price includes all applicable federal, state, and local taxes and is fully inclusive of all direct and indirect costs, overhead, and profit . The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, or equipment after the Effective Date.
(2) The price for Engineer ing Services set forth above includes all Project Management Services, Pre -Construction Services, Pre -Design Services, Design Services and Environmental Compliance and Permitting Services, regardless of whether they occur during the Engineering Phase or th e Construction Phase.
4. Time for Completion. DBE will fully design and complete the Project , meeting all requirements for Final Completion, within 730 calendar days from the commencement date given in the NTP-1 for Engineering Services (“Contract Time”). By signing below, DBE expressly waives any claim for delayed early completion.
Llano Trunk Rehabilitation Phase 1Project PROGRESSIVE DESIGN-BUILD CONTRACT Project No. C02403 Page 3
5. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if DBE fails to complete the Project within the Contract Time, City will assess liquidated damages in the amount of $8,300 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to DBE under this Contract.
6. Labor Code Compliance.
6.1 General. The Construction Services , as defined in Article 1 of the General Conditions, are subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wa ges, working hours and workers’ compensation insurance , as further specified in Article 9 of the General Conditions.
6.2 Prevailing Wages. The Construction Services are subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification, or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are on file with City and available online at http://www.dir.ca.gov/DLSR.
6.3 DIR Registration. DBE, members of its Design-Build Team providing Construction Services, its Subcontractors, and any other business entity or individual providing Construction Services for the Project must be registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5. The Const ruction Services under this Contract are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code § 1771.4.
6.4 Skilled and Trained Workforce. By executing this Contract, DBE is providing an enforceable commitment pursuant to Pu blic Contract Code § 2602 and § 22614(c), that a “skilled and trained workforce,” as that term is defined in Public Contract Code § 2601, will be used to complete all Services on the Project that fall within an apprenticeable occupation in the building and construction trades , in accordance with Public Contract Code § 2600 et seq. DBE, members of the Design-Build Team providing Construction Services, and Subcontractors of every tier will comply with these requirements. DBE will provide City wit h a monthly report while the Project is being constructed evidencing that the DBE, its Design-Build Team (as applicable), and Subcontractors are complying with this requirement.
7. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by si gning this Contract, DBE certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of tha t code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
8. Conflicts of Interest. DBE, members of the Design-Build Team, Subcontractors, and their respective employees and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
9. Independent Contractor. DBE is an independent contractor under this Contract and will have control of the Services and the means and methods by which they are performed. DBE,
Llano Trunk Rehabilitation Phase 1Project PROGRESSIVE DESIGN-BUILD CONTRACT Project No. C02403 Page 4
members of the Design -Build Team, and its Subconsultants and Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
10. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S.
Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:
CITY: DBE:
City of Santa Rosa SAK Construction, LLC
69 Stony Circle 864 Hoff Road
Santa Rosa, CA 95401 O’Fallon, MO 63366
Attn: Richela Maeda Attn: Barb Marler
[email protected] [email protected]
With copies to: With copies to:
James Jensen Jacquelynn Ackerman
69 Stony Circle 864 Hoff Road
Santa Rosa, CA 95401 O’Fallon, MO 63366
[email protected] [email protected]
11. General Provisions.
11.1 Assignment and Successors. DBE may not assign its rights or obligations under this Contract, in part or in whole, without City’s prior written consent. This Contract is binding on DBE’s and City’s lawful heirs, successors and permitted assigns.
11.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
11.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Sonoma County, and no other place. DBE waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Sonoma County, California.
11.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
11.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized ame ndments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and DBE.
11.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
11.7 Iran Contracting Act. DBE certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
Llano Trunk Rehabilitation Phase 1Project PROGRESSIVE DESIGN-BUILD CONTRACT Project No. C02403 Page 5
11.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If DBE is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.
[Signatures are on the following page.]
Llano Trunk Rehabilitation Phase 1Project PROGRESSIVE DESIGN-BUILD CONTRACT Project No. C02403 Page 6
The parties agree to this Contract as witnessed by the signatures below:
CITY OF SANTA ROSA: Approved as to form:
s/_______________________________ s/_________________________________ Dan Galvin Jessica Mullan
Board of Public Utilities Chair City Attorney
Date: ___________________________ Date: ______________________________
Attest: __________________________
s/_______________________________ Date:
Michelle Montoya
Board of Public Utilities Recording Secretary
Date: ___________________________
DESIGN-BUILD ENTITY: SAK Construction, LLC
s/_______________________________ s/__________________________________ Joe Feuerborn Boyd Hirtz
Vice President Vice President
Date: ____________________________ Date: _______________________________
_________________________________
Contractor’s California License Number(s) Seal:
_________________________________
Expiration Date
__________________________
DIR Registration Number
Jan 17, 2024
984560
06/30/2025
100002435
Boyd Hirtz (Jan 17, 2024 16:32 CST)
Boyd Hirtz
Jan 17, 2024
Jessica Mullan (Jan 17, 2024 16:49 PST)
Jan 17, 2024
Llano Trunk Rehabilitation Phase 1 Project PAYMENT BOND Project No. C02403 Page 7
PAYMENT BOND
The City of Santa Rosa (“City”) and __________________________________________ (“DBE”) have entered into a design-build contract (“Contract”) for work on the ________________ Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).
1. General. Under this Bond, DBE as principal and ________________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, based on 100% of the Construction Services price as specified in Section 3.1 of the Contract, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns , owners, heirs, or executors of Surety and DBE.
2. Surety’s Obligation. If DBE or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of DBE and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. DBE must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.
4. Duration. If DBE promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Email: ______________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court of Sonoma County, and no other place.
Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]
Llano Trunk Rehabilitation Phase 1 Project PAYMENT BOND Project No. C02403 Page 8
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
SURETY: ___________________________
Business Name
s/ _________________________________
Name: _____________________________
Title: _______________________________
Date: _______________________________
(Attach Acknowledgment with Surety’s Notary Seal and Power of Attorney)
DBE: ___________________________
Business Name
s/ _________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
APPROVED BY CITY:
s/ _________________________________
Name: _____________________________
Title: _______________________________
END OF PAYMENT BOND
Llano Trunk Rehabilitation Phase 1 Project PERFORMANCE BOND Project No. C2403 Page 9
PERFORMANCE BOND
The City of Santa Rosa (“City”) and __________________________________________ (“DBE”) have entered into a design-build contract (“Contract”) for work on the _______________ Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).
1. General. Under this Bond, DBE as principal and _______________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________, based on 100% of the Construction Services price as specified in Section 3.1 of the Contract, to ensure DBE’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and DBE.
2. Surety’s Obligations. Surety’s obligations are co-extensive with DBE’s obligations under the Contract. If DBE fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect.
3. Wavier. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of the Construction Services or extensions of time for performance of the Construction Services under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.
4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Construction Services prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Construction Services under the Contract.
For purposes of this provision, the Contract Balance is defined as the total amount payable by City to DBE as the Construction Services price minus amounts already paid to DBE for the Construction Services, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.
5. DBE Default. Upon written notification from City of DBE’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:
5.1 Arrange for completion of the Construction Services under the Contract by DBE, with City’s consent, but only if DBE is in default solely due to its financial inability to complete the Construction Services;
5.2 Arrange for completion of the Construction Services under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense ; or
5.3 Waive its right to complete the Construction Services under the Contract and reimburse City the amount of City’s costs to have the remaining Construction Services completed.
6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.
Llano Trunk Rehabilitation Phase 1 Project PERFORMANCE BOND Project No. C2403 Page 10
7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:
Attn:
Address:
City/State/Zip:
Phone:
Email:
8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court for Sonoma County, and no other place.
Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]
Llano Trunk Rehabilitation Phase 1 Project PERFORMANCE BOND Project No. C2403 Page 11
9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___.
SURETY: ___________________________
Business Name
s/ _________________________________
Name: _____________________________
Title: _______________________________
Date: _______________________________
(Attach Acknowledgment with Surety’s Notary Seal and Power of Attorney)
DBE: ___________________________
Business Name
s/ _________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
END OF PERFORMANCE BOND
Llano Trunk Rehabilitation Phase 1 Project GENERAL CONDITIONS Project No. C02403 Page 12
GENERAL CONDITIONS
Article 1 - Definitions
Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.”
Allowance means a specific amount that must be included in DBE’s Proposal for a specified purpose (if applicable).
Architect means the design professional(s) responsible for preparation of the Baseline Project Documents. Architect is not the Architect of Record for the Project.
Architect of Record means the architect retained by DBE with authority to stamp the final Construction Documents provided by DBE.
Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.
Baseline Project Document s means the following documents, attached to this Contract as follows, including any City -approved modifications attached thereto: the Baseline Scope of Services (Attachment A-1), and the Baseline Technical Specifications (Attachment A-2).
Baseline Scope of Services means the document attached to this Contract as Attachment A-1.
Baseline Technical Specifications means the document attached to this Contract as Attachment A-2.
Change Order means a written document duly approved and executed by City, which changes the scope of Services or Work, the Contract Price, or the Contract Time.
City means the City of Santa Rosa, acting through its Board of Public Utilities, officers, employees, City Engineer, and any other authorized representatives.
City Engineer means the City Engineer for the City of Santa Rosa , and his or her authorized delegee(s).
Claim means a separate demand by DBE for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by DBE objecting to the amount of Final Payment.
Construction Documents means the final City-approved Design Documents for constructing the Project.
Construction Phase means the period during which Work is performed to construct the Project, beginning with City’s issuance of a NTP-2 for Construction Services.
Construction Services means all of the Work required to construct the Project as designed, including all services required to be provided by o r customarily provided by or under the direction of a licensed general contractor during the Construction Phase, and excluding all of the Engineering and Management Services.
Llano Trunk Rehabilitation Phase 1 Project GENERAL CONDITIONS Project No. C02403 Page 13
Contract means the signed design-build contract between City and DBE and the Con tract Documents incorporated therein.
Contract Documents means, collectively, all of the documents listed in Section 1 of the Contract.
Contract Price means the total compensation to be paid to DBE for performance of the Work, and is the sum of the Engineering Services price and the Final GMP for Construction Services as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increase d cost of labor, material, supplies or equipment following submission of the Proposal.
Contract Time means the time specified for completion of the Project, as set forth in the Contract and as may be amended by Change Order.
Day means a calendar day unless otherwise specified.
Design-Build Entity (or DBE) means the corporation, limited liability company, partnership, joint- venture, or other legal entity that provides appropriately licensed contracting, architectural, and engineering services pursuant to the Contract and DBE’s Proposal.
Design-Build Team (or DB Team) means the DBE itself and the other individuals and entities identified in DBE’s Proposal as members of its DB Team, including the general contractor and required Subcontractors.
Design Development Documents means intermediate design documents based on the Baseline Project Documents.
Design Documents means, collectively, the City-approved plans and specifications developed for construction of the Project based on the Baseline Project Document s, including Design Development Documents and Construction Documents . The Design Documents may include or incorporate additional documents, reports, or studies needed for construction of the Project, subject to City approval.
Design Professional means any architect, including the Architect of Record, engineer, landscape architect, or land surveyor licensed and in good standing under the applicable provisions of the California Business and Professions Code, who is retained or employed by DBE to provide Engineering Services for the Project, based on his or her licensed authority.
Design Services has the meaning set forth in the Baseline Scope of Services (Attachment A-1).
DIR means the California Department of Industrial Relations.
Engineer means the City Engineer for the City of Santa Rosa and his or her authorized delegees.
Engineering Phase means the period during which the Engineering and Management Services are provided, which begins upon City’s issuance of NTP-1 for Engineering Services and concludes upon City approval of the final Construction Documents.
Engineering Services means all services necessary to design and manage the Project in conformance with the Baseline Project Document s, including development of the Design Documents and all services required to be provided by or customarily provided under the direction of a licensed architect or other Design Professional, including services provided by Design Professionals during the Engineering Phase and Construction Phase and Pre -Construction Services, but excluding the Construction Services. Engineering Services also includes all Project
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Management Services, Pre -Construction Services, Pre -Design Services, Design Services and Environmental Compliance and Permitting Services, regardless of whether they occur during the Engineering Phase or the Construction Phase.
Environmental Compliance and Permitting Services has the meaning set forth in the Baseline Scope of Services (Attachment A-1).
Excusable Delay is defined in Section 5.3(B), Excusable Delay.
Extra Work means new or unforeseen work added to the Project following City approval of the final Construction Documents, as determined by the Engineer in his or her sole discretion.
Final Completion means DBE has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, inclu ding the instructions and manuals, product warranties, and as-built drawings.
Final Guaranteed Maximum Price (“Final GMP”) has the meaning set forth in section 2.3(F)(4) of this Contract.
Final Payment means City’s payment to DBE of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents.
Furnish means to purchase and deliver for the Project.
Government Code Claim means a claim subm itted pursuant to California Government Code § 900 et seq.
Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup.
Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise.
Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws.
Install means to fix in place for materials, and to fix in place and connect for equipment.
Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspi ces of any governmental entity with jurisdiction over any of the Project or any portion of the Project, including health and safety requirements.
Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay.
Notice to Proceed No. 1 (“NTP-1”) means the notice to proceed issued by the City to the DBE to initiate Engineering Services.
Notice to Proceed No. 2 (“NTP-2”) means the notice to proceed issued by the City to the DBE to initiate Construction Services.
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Plans means the plans, drawings, details, or graphical depictions of the Project requirements in the City-approved final Construction Documents, but does not include Shop Drawings.
Pre-Construction Services means those Services which are preliminary to commencement of the Construction Services, including, but not limited to, investigation and preparatory work, constructability assessment, cost estimating, value engineering, provision of schedules, and all activities to ensure seamless transition of the Project through design to the start of construction, such as timely execution of any and all communications, notifications, and meetings necessary to convey information and respond to questions during this phas e, including the descriptions more particularly set forth in the Baseline Scope of Services (Attachment A-1).
Pre-Design Services has the meaning set forth in the Baseline Scope of Services (Attachment A- 1).
Project means the public works project referenced in the Contract.
Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been desig nated for this Project, any reference to Project Manager is deemed to refer to the Engineer.
Project Management Services has the meaning set forth in the Baseline Scope of Services (Attachment A-1).
Proposal means the Proposal dated September, 2023, submitted by DBE in response to City’s Request For Proposals.
Proposed Guaranteed Maximum Price (“Proposed GMP”) has the meaning set forth in section
2.3(F)(2) of this Contract.
Recoverable Costs is defined in Section 5.3(F), Recoverable Costs.
Request For Proposals ( or RFP) means the request for proposals issued by City on July 13 , 2023, soliciting proposals to provide the Services for this Project, and includ es any addenda thereto.
Request For Qualifications (or RFQ) means the request for qualifications issued by City on April 6, 2023, soliciting Statements of Qualifications to provide the Services for this Project, and includes any addenda thereto.
Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise.
Services means, collectively, all of the Engineering Services and all of the Construction Serv ices which must be performed to completely design and construct the Project in accordance with the Contract Documents, including labor, materials, supplies, and equipment.
Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of DBE, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, if required by the City-approved final Construction Documents.
Skilled and Trained Workforce has the same meaning as subdivision (d) of Public Contract Code § 2601.
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Specifications, whether or not capitalized, means the technical specifications in the City-approved final Construction Documents for the Project, unless otherwise indicated by the context.
Subcontractor means all licensed contractors, of any tier, retained by DBE or any member of the DB Team to provide the Construction Services.
Subconsultant means any professional retained by DBE or a member of the DB Team to provide Services other than Construction Services.
Technical Specifications has the same meaning as Specifications.
Work means all of the Services necessary for or incidental to completing the Project based on the City-approved Construction Documents in conformance with the requirements of the Contract Documents.
Work Day or Working Day , whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by City.
Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication .
Article 2 - Roles and Responsibilities
2.1 Relationship with City. DBE accepts the relationship of trust and confidence established between it and City under this Contract. DBE agrees to provide the Services necessary for the complete design and construction of the Project and to use its best eff orts to complete the Project in the best and soundest way and in the most efficient and economical manner consistent with the City’s objectives as expressed in the RFP and Baseline Project Documents, and in compliance with Laws.
(A) Acting on Behalf of C ity Prohibited. Neither DBE, members of the DB Team, nor any of their agents or employees may act on behalf of or in the name of City except as authorized in writing by City.
(B) Conflicts of Interest . DBE must perform its obligations with integrity and avoid conflicts of interest in violation of Laws, including conflicts of interest pertaining to any person or entity that provided services to the City relating to the solicitation of design-build services. (See Public Contract Code § 22162.)
(C) City Representatives. The Engineer, acting within the authority conferred by the Board of Public Utilities , has primary responsibility for Project administration. The Engineer’s decisions are final and conclusive within the scope of his or her autho rity, including interpretation of the Contract Documents. The Project Manager assigned by the City will have primary responsibility for daily administration of the Project, assisted by the Construction Manager. The Construction Manager will be the DBE’s pr imary point of contact for communication and submittals during the Construction Phase . Unless otherwise specified, all communications and submittals (in any form) should be directed to the Construction Manager and copied to the Project Manager. City reserv es the right to reassign or replace the Project Manager or Construction Manager at any time or to delegate his or her duties to additional City representatives without prior notice to or consent of the DBE.
2.2 Scope of Services . DBE is responsible for procuring or providing all of the Services necessary for the Project as specified in the Contract Documents , including all labor, materials, equipment and incidentals necessary to timely complete the Project in strict
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accordance with the Co ntract Documents and with minimal inconvenience or risk to the public. DBE must exercise reasonable skill and judgment in the procurement and provision of the Services, consistent with the applicable industry practices, Laws, and the terms and conditions of the Contract Documents.
2.3 Engineering Services . Following the City’s issuance of NTP-1, DBE must provide all architectural, engineering, and related professional services necessary for the Project during both the Engineering Phase and the Construction Phase , including design of the Project based on the Contract Documents, which may include development or preparation of plans, sections, and elevations; criteria and sizing of components; equipment sizes, capacities, and layouts; typical details; materials selections; investigation of or measured drawings of existing conditions or improvements; verification of the accuracy of any City - provided drawings (including the Baseline Project Document s) or other information on existing conditions; surveys; site evaluations; cost estimates; Pre-Construction Services; and preparation of models, renderings, or mock-ups.
(A) Design Professionals. Architectural, landscape architectural, engineering, and land surveying services must be provided by licensed, independent Design Professionals employed by or retained by DBE or members of the DB Team , or as permitted by Laws.
DBE may not engage the services of any Design Professional for this Project, including, but not lim ited to, firms or individuals serving as Architect of Record or providing other Engineering Services, without obtai ning City’s prior written approval, which approval will not be unreasonably withheld. City’s approval will not be deemed to create any contractual relationship between City and any such Design Professional, except that City must be considered a third party beneficiary of the Design Professional’s services for the Project.
City’s approval of the Construction Documents will not operate to shift liability for errors and omissions from DBE to City. DBE is solely responsible for any and all costs incurred due to errors and omissions in the Construction Documents.
(1) Baseline Project Documents. All Engineering Services must be consistent with and guided by the Baseline Project Documents.
(2) Ongoing Engineering Services . The Design Professional(s) must provide ongoing Engineering Services as needed during the Construction Phase, including interpretation and clarifi cation of all drawings and specifications prepared by the Design Professional(s), and preparation of documents for proper execution of the Work, including Change Orders.
(B) Project Schedule . Within ten days following the date of the City’s NTP-1 for Engineering Services , DBE must prepare , and submit for City’s review and approval , a preliminary Project Schedule showing the timing and sequencing of all Services required to design and construct the Project, in a form acceptable to the Engineer. The preliminary Project Schedule should include development and approval of Design Documents; DBE’s procurement of permits and utility services; procurement of Subcontractors; submission and approval of construction cost estimate upda tes; final GMP acceptance; construction; Final Completion; submission of as -builts; as well as any other milestones applicable to the Project as may be further specified in the NTP-1 for Engineering Services.
(1) Schedule Updates. The Project Schedule must be updated for City’s review and approval as further specified in the Contract Documents.
(2) Assumptions for City Review Times . The Project Schedule and all updates should reflect the following assumptions for City review:
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(a) Assume a minimum review period of fifteen working days following submittal of 100% Design Development Documents and 100% Construction Documents pursuant to subsection (C), below, plus an additional twenty working days to revise and resubmit if requested by City.
(b) Assume a minimum review period of fifteen working days following submittal of any permit drawings, plus an additional fifteen working days to revise and resubmit if requested by City.
(c) Assume the following City plan check review periods for all required City permits: fifteen working days for initial plan check review and ten working days for each subsequent review.
(d) The assumptions set forth above are provided solely for scheduling purposes and do not bind the City to complete its review of any submittal within the assumed time, and the assumed times do not account for delays attributable to DBE’s incomplete or non-compliant submittals.
(C) Design Documents. DBE must prepare , and submit for City’s review and approval, Design Documents based on and consistent with the Baseline Project Documents. Any deviation from or inconsistency from the Baseline Project Document s must be approved in writing in advance by City. The Design Documents must also comply with City’s Standard Plans and Specifications , to the exte nt applicable to the Project as determined by the Engineer. The Design Documents must be developed and submitted for City’s review and approval at completion of each design phase as specified below. City’s approval of the Design Documents at any phase, including final approval of the Construction Documents, does not operate as a waiver of any deviations from the Baseline Project Documents that specifically were not approved by City. City retains the right at all times to condition approval on design modifications to ensure the Project is completed within budget and suited for its intended purposes.
(1) Contents. The Design Documents must set forth in detail the quality levels of and the requirements for construction of the Project, and must comply with all applicable Laws in effect at the time of their preparation.
(2) Design Documents Development. When submitting the Design Documents to City at each stage of development , DBE must identify in writing all material changes and deviations from the Baseline Project Document s or previously approved version of the Design Documents. One electronic copy and five (5) hard copies of Design Documents must be provided to City at each submittal . Each submittal and resubmittal must be accompanied by an updated version of the Project Schedule required pursuant to Section 2.3(B), above, clearly indicating and explaining any modifications from the prior schedule submission. DBE must submit Design Documents to City for City’s review and approval as follows:
(a) Design Development Phase (100%). Within 425 days after the City’s issuance of the NTP-1 for Engineering Services, DBE must submit Design Development Documents, including and incorporating all City modifications, as applicable. The Design Development Documents should include, at a minimum, more detailed site improvement plans, plans, sections, elevations with full dimensions, details, and outline material specifications. Following City review, DBE must incorporate any modifications, additions or deleti ons required by City prior to the next submission.
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(b) Construction Document Phase (100%). Within twenty days after City's approval or conditional approval of the Design Development Documents, DBE must submit Construction Documents for approval by City. The Construction Documents should include all pertinent details and information for planning review, permitting, and construction of the Project.
Following City review and comment, DBE must incorporate any modifications, additions or deletions required by City before resubmitting the Construction Documents for final approval. DBE may not proceed with any of the Construction Services until City has approved the Construction Documents as final and issued the NTP-2 for Construction Services, unless and to the extent that City provides written authorization for DBE to commence specific portions of the Work, e.g., preliminary site work, prior to final approval.
(3) Substitutions. See Section 7.7, Substitutions, on requests for substitutions.
(4) Construction Cost Estimate Updates. When submitting the Design Documents at each stage of development as provided above , DBE must submit a n updated construction cost estimate, or the GMP. This estimate must be updated throughout the Project to enable City to monitor construction costs during the Construction Phase.
(D) Ownership of Documents. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. DBE is deemed to have conveyed the copyright in any Design Documents (at any stage of development), Shop Drawings, as -builts, or other documents (in paper or electronic form) developed by DBE for the Project, and City will retain all rights to such works, including the right to possession.
(1) Ownership of Tangible Documents. City must receive ownership of all documents, plans, drawings, specifications, electronic data and information prepared, provided or procured by DBE, as part of the Engineering Services.
(2) Use of Documents in Event of Termination. In the event of a termination of this Contract, City will have the right to use, to reproduce, and to make derivative works of the Design Documents (at any stage of development) to complete the Project, regardless of whether there has been a transfer of copyright to City.
(3) City’s Use of Documents After Completion of Project. After completion of the Project, City may reuse, reproduce or make derivative works from the Construction Documents solely for the purposes of maintaining, renovating, remodeling or expanding the Project at the Project site.
(4) Right to Use. DBE will obtain from its Subcontractors and Subconsultants rights and rights of use that correspond to the rights given by DBE to City in this Contract and DBE must provide evidence that such rights have been secured.
(E) Subconsultants. DBE must provide duly qualified, licensed, and competent Subconsultants, administration, staff, and skilled workforce necessary to perform and timely complete the Engineering Services in accordance with the Contract Documents.
(F) Final GMP for Construction Services. City and DBE agree to work to establish a Final GMP for Construction Services in accordance with the procedure set forth in this Section.
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(1) City Request for Proposed GMP. Where the City determines that Project design has advanced sufficiently to develop and document detailed pricing for the Project’s Construction, the City will submit a written request that DBE provide a Proposed GMP to City for City’s consideration (“Proposed GMP Request”).
(2) Proposed GMP Submittal . Within ten working days of the date o f the City’s Proposed GMP Request, DBE agrees to submit to City a proposed GMP (the “Proposed GMP”) for Construction Services, which shall be based on the Project Schedule and Contract Time, and shall include:
(a) an updated draft of the Project Schedule with the proposed dates and information for Construction Services that are the basis for the Proposed GMP;
(b) a list of subcontractors performing Construction Services;
(c) a recital of the specific Construction Documen ts, including Drawings, Specifications, and all Addenda thereto used in preparation of the Proposed GMP;
(d) a draft Schedule of Values, consistent with the requirements set forth in Section 8.2 of this Contract, that forms the basis for the Proposed GMP;
(e) a description of any other inclusions or exclusions the DBE’s Proposed GMP would proposed to incorporated into any City -approved Final GMP; and
(f) any other relevant assumptions DBE made in developing the Proposed GMP.
(3) Negotiation of Proposed GMP. City and DBE may negotiate the Proposed GMP prior to the acceptance or rejection of the Proposed GMP by City; provided, however, that the City’s negotiation of the Proposed GMP shall not be binding in any way on the City unless and until the City accepts a Final GMP in accordance with this Contract.
(4) Acceptance by City of Final GMP.
a. Where the City elects, in its sole discretion, to accept a proposed GMP, the GMP will be approved as a final GMP (“Final GMP”). The City will provide its approval of a Final GMP in writing to the DBE.
b. Where the City approves a Final GMP, DBE guarantees that the actual cost of the Work, including all DBE’s fees shall not exceed the Final GMP. The Final GMP will include all Work required by the Completed Construction Documents that (i) is required by the Contract for design- build construction, (ii) is reasonably inferable from the incomplete documents, (iii) is consistent with the City’s programmatic goals and objectives for the Project and the Baseline Project Documents, (iv) is consistent with the City’s design and construction standards and general industry standards for completion of the Work and (v) substantially conforms to the nature, type, kind, or quality of Work depicted in the Design Documents and Construction Documents.
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c. Any costs or expenses that would cause an increase to the Final GMP shall be borne by the DBE, unless adjusted by an executed Change Order.
(5) Rejection by City of Proposed GMP. Where the City elects to reject the Proposed GMP, in its sole discretion, and not proceed with the Construction Services under this Contract:
a. The City will provide written notice to the DBE of the City’s decision to cease negotiation of the Proposed GMP and the City’s rejection of the Proposed GMP (“Notice of Rejection”).
b. The DBE agrees to complete all work for the Engineering Phase in accordance with the Contract unless otherwise directed, in writing, by the City. The DBE is released from its obligations to perform the Construction Services during Construction Phase under this Contract.
c. The DBE agrees to cooperate with the City and any third parties required by the City and take all other steps necessary to ensure the City is able to procure a contract for any remaining work during the Engineering Phase and all Construction Services during the Construction Phase.
d. The City’s Notice of Rejection will also serve as a notice of partial termination (for Construction Services during the Construction Phase) and DBE agrees to comply with all requirements of Section 13 of the Contract.
e. The DBE acknowledges that the City owns and is entitled to use all documents developed during the Engineering Phase, including as set forth in section 2.3(D), following issuance of a Notice of Rejection.
(6) Final GMP and City Issuance of NTP-2 for Construction Services. The City will not issue an NTP -2 for Construction Services without a Final GMP approved in accordance with this Contract. If the City rejects the Proposed GMP, the City will not issue the NTP-2 for Construction Services.
2.4 Construction Services. If the City, in the City’s sole discretion elects the issues NTP -2, then following the issuance of NTP-2, DBE must provide all Construction Services and Work necessary for the Project, including hiring and coordination of all Subcontractors, close-out services, and warranty work.
(A) General. DBE must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic al and efficient manner in the best interests of City, and with minimal inconvenience to the public . DBE is solely responsible for all costs to perform the Work as specified in the Contract Documents, including any Work performed outside the Worksite.
(B) Responsibility for the Work and Risk of Loss . DBE is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. DBE is solely responsible for, and required to exercise full control over, the Work, including the construction means, met hods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work, except to the extent that the Contract Documents provide other specific instructions. DBE’s
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responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichev er is later, DBE bears all risk of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft.
(C) Construction Administration. DBE must provide suffi cient and competent Subcontractors, administration, staff, and Skilled and Trained W orkforce necessary to perform and timely complete the Construction Services in accordance with the Contract Documents. Before starting the Work, DBE must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in DBE’s organization who is to serve as DBE’s primary representative for the Project, and who has authority to act on DBE’s behalf. DBE’s representative will be subject to City’s approval, which will not be unreasonably withheld. A Subcontractor or Subconsultant may not serve as DBE’s primary representative.
(D) On-Site Superintendent. DBE must, at all times during performance of the Construction Services, provide a qualified and competent full-time superintendent acceptable to City, and assistants, as necessary, who must be physically present at the Project site while any aspect of th e Work is being performed. The superintendent must have full authority to act and communicate on behalf of DBE, and DBE will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Construction Phase commences. If, at any time, City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at DBE’s sole expense and with no extension of the Contract Time, until an approved superintendent is physically present to supervise the Work. DBE must provide written notice to City, as soon as practicable, before replacing the superintendent.
(E) Standards. DBE must, at all tim es, ensure that the Work is performed in a n efficient, skillful manner, following best practices and in full compliance with the Contract Documents and Laws and applicable manufacturer’s recommendations . DBE has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims.
(F) Meetings. DBE, its project manager, superintendent, and any primary Subcontractors requested by City, must attend a pre -construction conference before beginning Work on the Project , if requested by City , as well as weekly Project progress meetings scheduled with City, as may be specified in the NTP-2 for Construction Services.
If applicable, DBE may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners.
(G) Responsible Party. DBE is solely responsible to City for the acts or omissions of any party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of DBE or its Subcontractors. Upon City’s written request, DBE must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents.
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(H) Correction of Defects. DBE must promptly correct, at DBE’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Contract Documents, as determined by City, will be considered defective and subject to rejection. DBE must also promptly correct, at DBE’s sole expense, any Work performed beyond the lines and grades established by City, and any Extra Work performed without City’s prior written approval. If DBE fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to DBE’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. DBE’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to DBE. This paragraph applies to any defective Work performed by DBE during the one-year warranty period under Section 11.2.
(I) Daily Reports. DBE must keep such full and detailed accounts as may be necessary for proper financial management under this Contract. City must be afforded access to all DBE's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and simil ar data relating to Change Order work performed on the basis of actual cost. DBE must preserve all such records for a period of four years after the final payment or longer where required by Laws.
(J) DBE’s Reports. DBE must provide periodic written reports to City on the progress of the Work in such detail as is required by City and as agreed to by City and DBE.
(K) DBE’s Records. DBE must maintain all of its records relating to the Project in any form, including paper documents, photos, videos , electronic records, approved samples, and the construction records required pursuant to paragraph (M), below . Project records subject to this provision include, but are not limited to, daily reports, Project cost records and records relating to preparation of DBE’s Proposal.
(1) DBE’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the or iginal Contract Price, related to an executed Change Order, or otherwise categorized by DBE as Extra Work. DBE’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.
(2) DBE must con tinue to maintain its Project -related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to DBE, City is entitled to inspect o r audit any of DBE’s records relating to the Project during DBE’s normal business hours. DBE’s records may also be subject to examination and audit by the State Auditor, pursuant to Government Code § 8546.7. The record-keeping requirements set forth in this subsection 2.4(K) will survive expiration or termination of the Contract.
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(L) Copies of Project Documents. DBE and its Subcontractors must keep copies, at the Project site, of all Work -related documents, including the Contract, permit(s), Construction Documents, Contract amendments, Change Orders, RFIs and RFI responses, submittals and submittal responses, Shop Drawings, as -built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project.
(M) Construction Records. DBE will maintain up -to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. DBE will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. DBE will maintain copies of all subcontracts, Project -related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, DBE will permit review of and/or provide copies of any of these construction records.
(N) Permits and Licenses. Except as otherwise expressly specified in these Contract Documents, DBE is responsible for timely obtaining , at DBE’s sole expense, the permits or licenses required to perform the Work, including a City business license, unless otherwise specified in the Special Conditions.
2.5 DBE’s Subcontractors.
(A) General. All Work which is not performed by DBE with its own forces must be performed by qualified Subcontractors. Except for Subcontractors listed in DBE’s Proposal, DBE must award subcontracts with a value exceeding one half of one percent of the Contract Price for Construction Services in compliance with Public Contract Code § 22166(b), including public notice. All Subcontractors bidding on contracts for the Work must be afforded the protections contained in the Subletting and Subcontracting Fair Practices Act (Public Contract Code § 4100 et seq.). DBE must provide each Subcontractor with a complete set of the Construction Documents and any approved modifications thereto. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequately trained workforce. Each Subcontractor must obtain a City business license before performing any Work.
(B) Contractual Obligations. DBE must require e ach Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. DBE will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third -party beneficiary of the contract between DBE and each Subcontractor.
(C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by DBE to City, subject to the prior rights of any surety, but only if and to the
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extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of DBE pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If DBE requests substitution of a listed Subcontractor under Public Contract Code § 4107, DBE is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If the City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontract or pursuant to this paragraph, DBE will immediately remove the Subcontractor from the Project and , at no further cost to City, will either (1) self -perform the remaining Work to the extent that DBE is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compli ance with Public Contract Code § 4107, as applicable.
2.6 Coordination of Work.
(A) Concurrent Work. City reserves the right to perform , have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project . DBE is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of o ther contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, DBE must hold harmless and indemnify City against any and all claims arising from or related to DBE’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor.
(B) Coordination. If DBE’s Work will connect or interface with work performed by others, DBE is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. DBE is responsible for any failure by DBE or its Subcontractors to confirm measurements before proceeding with connecting Work.
Before proceeding with any portion of the Work affected by the construction or operations of others, DBE must give the Project Manager prompt written notification of any defects DBE discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by DBE that the work of other s is not defective and will not prevent the proper execution of the Work. DBE must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with DBE’s timely performance of the Work. City reserves the right to backcharge DBE for any additional costs incurred due to DBE’s failure to comply with the requirements in this Section 2.6.
2.7 Submittals. Unless otherwise specified, DBE must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer. Unless otherwise specified, all submittals, including Requests for Information, ar e subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions. The Engineer may require submission of a submittal schedule at or be fore a pre-construction conference, as may be specified by City.
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(A) General. DBE is responsible for ensuring that its submittals are complete, legible, accurate and conform to the Contract Documents.
(B) Time and Manner of Submission. DBE must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project.
(C) Required Contents. Each submittal must include the Project name and contract number, DBE’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s).
(D) Required Corrections. If corrections are required, DBE must promptly make and submit any required corrections as specified in full co nformance with the requirements of this Section, or other requirements that apply to that submittal.
(E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve DBE from complying with the requirements of the Contract Documents. DBE is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City.
(F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at DBE’s risk, and DBE may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of th e Work or material, and the cost of additional time or services required of City, including costs for the Project Manager or Inspector.
(G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or respo nse to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to DBE.
2.8 Shop Drawings. When Shop Drawings are require d by the Specifications or requested by the Engineer, they must be prepared according to best practices at DBE’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, DBE will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. DBE is responsible for any errors or omissions in the Shop Drawings, shop fits and fie ld corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve DBE of DBE’s responsibility.
2.9 Access to Work. DBE must afford prompt and safe ac cess to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, DBE must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work.
2.10 Personnel. DBE and its Subcontractors must employ only competent and skillful personnel to perform the Services. DBE and its Subcontractor’s supervisors, security or
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safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, DBE and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel, may not be re -employed or permitted on the Project in any capacity without City’s prior written consent.
Article 3 - Contract Documents
3.1 Contract Documents. The Contract Documents are comprised of the following:
(A) Duly authorized and executed Change Orders;
(B) The Contract and any duly authorized and executed amendments thereto;
(C) The NTP-1 for Engineering Services;
(D) The NTP-2 for Construction Services;
(E) The Special Conditions;
(F) The General Conditions;
(G) The Baseline Project Documents;
(H) The payment and performance bonds;
(I) The City-approved Construction Documents;
(J) The Request for Proposals and all addenda thereto;
(K) The Proposal; and
(L) Any referenced documents prepared by and on behalf of a third party that were not prepared specifically for this Project.
3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. In case of any conflict or inconsistency among the Contract Documents, the order of precedence will follow the order in which the Contract Documents are listed in Section 3.1, above, which are listed fro m highest to lowest.
3.3 Baseline Project Document s. Where applicable, the Baseline Project Document s refer to the design drawings and specifications, including addenda thereto issued prior to execution of the Contract. The drawings are the graphic and pictorial portions of the Baseline Project Document s, wherever located and whenever issued, generally showing the design, location and dimensions of the Project and may include without limitation, plans, elevations, sections, details, schedules and/or diagrams. The specifications are the portion of the Baseline Project Document s consisting of the written requirements for materials, equipment, construction systems, standards, criteria and workmanship for the Project and related services. The Baseline Project Documents are for general intent of the final Project design and are not considered to be a complet e working package. DBE is
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responsible to hire and coordinate all associated Engineering Services , including architectural, structural, mechanical, electrical, plumbing, c ivil engineering, geotechnical, environmental, and landscape architecture for the structures and systems, whether shown or implied in the Baseline Project Document s or required for a complete Project built to current governing codes.
3.4 For Reference Only. DBE is responsible for the careful review of any document, study, or report appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. DBE is advised that City or its representatives may be guided by information or recommendations included in such reference documents, pa rticularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. DBE must promptly notify City of any perceived or actual conflict between the Contract Documents and any document provided For Reference Only.
3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed.
Article 4 - Bonds, Indemnity, and Insurance
4.1 Payment and Performance Bonds. No later than ten days following City’s final approval of the Construction Documents, DBE must provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the estimated price for the Construction Services, using the bond forms included with the Contract Documents. Such estimate shall be based on the proposed GMP or Final GMP, if available.
(A) Surety. Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, DBE must substitute a surety acceptable to City. If DBE fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from DBE until the surety is replaced to City’s satisfaction, or terminate the Contract for default.
(B) Cost Estimate Updates. If at any time DBE’s updated construction cost estimate exceeds the estimated price for Construction Services in Section 3 .1 of the Contract by 5%, DBE must replace the initial bonds with bonds based on 100% of the updated estimated price for Construction Services using the bond forms included with the Contract Documents.
4.2 Indemnity and Liability.
(A) DBE’s Indemnity Obligation. To the fullest extent permitted by law, DBE must indemnify, defend, and hold harmless City, its Board of Public Utilities , officers, officials, employees, agents , volunteers and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of DBE, its employees, Subcontractors, representatives, or agents, in performing the Work or in failing to comply with any obligation of DBE under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manne r of submission of DBE’s Proposal for the
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Contract. DBE’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. This indemnification obligation is not limited in any way by any l imitation on the amount or type of damages or compensation payable to or for the DBE or its agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This indemnification obligation is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and DBE’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. This indemnity obligation does not apply to any Design Professionals who are covered by subsection (B) below.
(B) Design Professional Indemnity Obligation. To the fullest extent permitted by law, subject only to the limitations of Civil Code § 2782.8, the Design Professionals who are members of the DB Team or retained or employed by DBE to provide the Engineering Services must indemnify, defend, and hold harmless City, its Board of Public Utilities , officers, officials, employees, agents , volunteers and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attor ney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of the Design Professionals, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This Design Professional indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the Design Professionals or their agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This Design Professional indemnification is also not limited by any limit ation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of the Contract with respect to Liability arising during the term of the Contract.
(C) Third-Party Claims. City will timely notify DBE upon receipt of any third -party claim relating to the Contract, as required by Public Contract Code § 9201.
(D) No Personal Liability. No member of the Board of Public Utilities or any individual officer, employee or authorized agent of City will be personally liable for any liability arising under this Contract.
4.3 Insurance. No later than ten days following City’s notice of selection of DBE for award of the Contract, DBE must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of DBE and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or b etter. If DBE fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at DBE’s expense and deduct the cost from payments due to DBE, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit DBE’s liability under this Contract or to fulfill DBE’s indemnification obligations under this Contract.
(A) Policies and Limits. The following insurance policies and limits are required for this Contract unless otherwise specified in the Special Conditions:
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(1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from DBE’s or its Subcontractor’s acts or omissions in the performance of the Work, including DBE’s protected coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $5,000,000 per occurrence and at least $10,000,000 general aggregate. The CGL insurance coverage may be arranged under a single poli cy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including the required endorsements.
(2) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all -risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City.
(3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code , providing coverage of at least $1,000,000 or as otherwise required by the statute . If DBE is self -insured, DBE must provide its Certificate of Permission to Self -Insure, duly authorized by the DIR.
(4) Automobile Liability Insurance. The automobile liability insurance policy must provide covera ge of at least $ 2,000,000 combined single -limit per accident for bodily injury, death or property damage , including hired and non -owned auto liability.
(5) Professional Liability. The professional liability insurance policy must insure against the Design Professionals’ negligent errors and omissions in the provision of services under this Contract, in an amount no t less than $1,000,000 combined single limit. The Professional Liabil ity policy must include prior acts coverage sufficient to cover all services provided by the Design Professionals for this Project, and the coverage must continue in effect for four years following final payment to DBE.
(6) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work.
(B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non -payment of premiums, in which case ten days written notice must be made to City.
(C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City.
(D) Required Endorsements. The CGL policy, the builder’s risk policy, and the automobile liability policy , and pollution liability policy must include the following specific endorsements:
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(1) The City, including its Board of Public Utilities , officials, officers, employees, agents, volunteers and con sultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or an equivalent form approved by the City.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided by DBE is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss.
(4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
(E) DBE’s Responsibilities. This Section establishes the minimum requirements for DBE’s insurance coverage in relation to this Project, but is not intended to limit DBE’s ability to procure additional or greater coverage. DBE is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. DBE is solely responsible for the cost of its insurance coverage, including p remium payments, deductibles, or self -insured retentions, and no Additional Insured will be responsible or liable for any of the cost of DBE’s insurance coverage.
(F) Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions tha t apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by DBE when it submits its certificates of insurance and endorsements pursuant to this Section. If City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, DBE must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration and legal expenses.
(G) Subcontractors. DBE must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation , but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions . A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. DBE must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request of City, DBE must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement.
The insurance requirements for Subcontractors do not replace or limit DBE ’s insurance obligations.
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Article 5 - Contract Time
5.1 Time is of the Essence. Time is of the essence in DBE’s performance and completion of the Work, and DBE must diligently prosecute the Work and complete it within the Contract Time.
(A) General. DBE must commence the Services on the date indicated in the NTP-1 for Engineering Services. If, in the City’s sole discretion, the City issues NTP -2 for Construction Services, DBE must commence Construction Services on the date indicated on NTP -2. DBE must fully perform the Services and complete the Project in strict compliance with all dates and other requirements of the Contract Documents, and within the Contract Time.
(B) Rate of Progress. DBE and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that DBE is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct DBE to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If DBE fails to comply with City’s directive in this regard, City may, at DBE’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on DBE’s default.
5.2 Schedule Requirements . DBE must prepare a ll schedules using standard , commercial scheduling software acceptable to the Engineer , and must provide the schedules in electronic and paper form as requested by the Engineer.
(A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s approval of the final Construction Documents, DBE must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how DBE plans to perform and fully complete the Construction Services within the Contract Time, including labor, equipment, materials, and fabricated items . The baseline schedule for Construction Services must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades , reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity , the start and completion dates of the activity , and the duration of the activity.
(1) Specialized Materials Ordering. Within five calendar days following issuance of the NTP-2 for Construction Services, DBE must order any specialized material or equipment for the Work that is not readily available from material suppliers. DBE must also retain documentation of the purchase order date(s).
(B) City’s Review of Schedules . City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. DBE is solely responsible for resolving any exceptions noted in a schedule and, within five days, must correct the schedule to address exceptions. Ci ty’s review or acceptance of DBE’s schedules will not operate to waive or limit DBE’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for DBE’s unexcused failure to do so.
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(C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, DBE must submit an updated progress schedule and three -week look-ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work.
The updated progress schedule must : show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed change in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path.
DBE must also submit periodic reports to City of any changes in the projected materia l or equipment delivery dates for the Project.
(1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project.
(2) Failure to Submit Schedule . Reliable, up -to-date schedules are essential to efficient and cost -effective administration of the Project and timely completion. If DBE fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to ten percent from payment(s) otherwise due to DBE until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, DBE’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when DBE is out of compliance, subject only to the limits of Public Contract Code § 7102.
(D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, DBE must submit a recovery schedule, showing how DBE intends to perform and complete the Work within the Contract Time, based on actual progress to date.
(E) Effect of A cceptance. DBE and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for DBE’s unexcused delay in completing the Work within the Contract Time.
(F) Posting. DBE must at all times prominently post a copy of the most current City- accepted progress or recovery schedule in its on-site office.
(G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property.
The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease DBE’s time or cost to perform the Work.
(H) Authorized Working Days and Times. With respect to the Construction Services performed at the Project site, DBE is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge DBE for additional costs incurred by City due to Work performed on days or during hours not expressly
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authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services.
5.3 Delay and Extensions of Contract Time.
(A) Notice of Delay. If DBE becomes aware of any actual or potential delay affecting the critical path, DBE must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay.
(B) Excusable Delay. The Contract Time may be extended if DBE encounters “Excusable Delay,” which is an unavoidable delay in complet ing the Work within the Contract Time due to causes completely beyond DBE’s control, and which DBE could not have avoided or mitigated through reasonable care, planning, foresight, and diligence , provided that DBE is otherwise fully performing its obligati ons under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of th ird parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work w ithin the Contract Time based on critical path analysis.
(C) Weather Delays. A “Weather Delay Day” is a Working Day during which DBE and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site clean -up required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City -approved schedule. DBE will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications).
(1) DBE must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time.
(2) DBE will not be entitled to an extension of time for a Weather Delay Day to the extent DBE is responsible for concurrent delay on that day.
(3) DBE must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment.
(D) Non-Excusable Delay . Delay which DBE could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” DBE is not entitled to an extension of Contract Time or any compensation for Non -Excusable Delay, or for Excusable Delay that is concurrent with Non -Excusable Delay. Non - Excusable Delay includes delay caused by:
(1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years;
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(2) DBE’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time;
(3) DBE’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time;
(4) foreseeable conditions which DBE could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to DBE;
(5) DBE’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers;
(6) performance or non-performance by DBE’s Subcontractors or suppliers;
(7) the time required to respond to excessive RFIs (see Section 2.7(G));
(8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals;
(9) time required for repair of, re-testing, or re-inspection of defective Work;
(10) enforcement of Laws by City, or outside agenc ies with jurisdiction over the Work; or
(11) City’s exercise or enforcement of any of its rights or DBE’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non -compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals.
(E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, DBE is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). DBE is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non -Excusable Delay. Delay due to causes that are beyond the control of either City or DBE, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section 7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle DBE to an extension of time commensurate with the time lost due to such delay.
(F) Recoverable Costs. DBE is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. DBE is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents DBE from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit.
(G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to
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complying with the requirements of this A rticle 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived.
(1) Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that DBE has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include DBE’s plan for continued mitigation of the delay or its effects.
(2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If DBE believes it is entitled to Recoverable Costs for Compensable Delay, t he request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required suppor ting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. DBE is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion.
(3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion.
The time impact analysis must be submitted in a form or format acceptable to City.
(4) Burden of Proof. DBE has the burden of proving that: the delay was an Excusable Delay or Compensable Delay, as defined above; DBE has fully complied with its scheduling obligations in Section 5.2, Schedu le Requirements; DBE has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by DBE were actually incurred and were reasonable under the circumstances.
(5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102.
(6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay.
(7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, DBE may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. DBE’s sole recourse for an unresolv ed dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable
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Costs is to comply with the dispute resolution provisions set forth in Article 12 below.
5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if DBE fails to achieve Final Completion within the Contract Time due to DBE’s Non-Excusable Delay, City will charge DBE in the amount specified in the Contract for each calendar day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. Any wa iver of accrued liquidated damages, in whole or in part, is subject to approval of the Board of Public Utilities or its authorized delegee.
(A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable Delay or Compensable Delay, as set forth above.
(B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents.
(C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to DBE, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cov er the full amount of liquidated damages assessed, City is entitled to recover the balance from DBE or its performance bond surety.
(D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for DBE’s Non-Excusable Delay in achieving Final Completion.
(E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from DBE’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship , costs to repair or complete the Work, or other liability caused by DBE.
Article 6 - Contract Modification
6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no -cost” Change Order or a unilateral Change Order.
Changes in the Work pursuant to this Article 6 will not operate to release, limit, or abridge DBE’s warranty obligations pursuant to Article 11 or any obligations of DBE’s bond sureties.
(A) City-Directed Changes. City may dire ct changes in the scope of sequence of Work or the requirements of the Contract Documents, without invalidating the Contract.
Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. DBE must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if DBE and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. DBE is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any
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applicable procedural requirements for submitting a proposal for value engineering cost savings.
(B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City -directed change in the Work, DBE must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and DBE dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute E xtra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, DBE must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If DBE refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be p erformed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. DBE’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below.
(C) Extra Work. City may direct DBE to perform Extra Work related to the Project.
DBE must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, e ven if DBE and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. If DBE believes it is necessary to perform Extra Work due to changed conditions, DBE must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the DBE believes it is Extra Work. This notification requirement does not constitute a Change Order request pursuant to Section 6.2, below. DBE must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that DBE performs Extra Work, or Work that DBE contends is Extra Work, DBE must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to DBE’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and DBE, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day.
(D) Minor Changes and RFIs . Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, DBE agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time.
(E) Remedy for Non -Compliance. DBE’s failure to promptly comply with a City - directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at DBE’s sole expense, and may deduct the cost from the Contract Price.
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6.2 DBE Change Order Requests. DBE must submit a request or proposal for a change in the approved Construction Documents, compensation for Extra Work, or a change in the Contract Price or Contract Time, as a written Change Order request or proposal.
(A) Time f or Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that DBE first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is no t yet known at that time. If City requests that DBE propose the terms of a Change Order, unless otherwise specified in City’s request, DBE must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer.
(B) Required Contents. Any Change Order request or proposal submitted by DBE must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts , and, if applicable, Extra Work Reports . Any estimated cost must be updated in writing as soon as the actual amount is known.
(C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. Upon request, DBE must permit City to inspect its or iginal and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs.
(D) Required Form. DBE must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City.
(E) Certification. All Change Order requests must be signed by DBE and must include the following certification:
“The undersigned DBE certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. DBE warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein , and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein are deemed waived.”
6.3 Adjustments to Contract Price. Except as otherwise set forth in this Contract, the amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City -authorized time and material Work, and does not apply to any other payments to DBE. For Work items or components that are deleted in their entirety, DBE will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before DBE was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs.
(A) Unit Pricing. Amounts previously provided by DBE in the form of unit prices, either in the Proposal or in a post-award schedule of values pursuant to Section 8.2, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation.
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(B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs.
(C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of DBE’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, calculated as the total of the following sums , the cumulative total of which may not exceed the maximum markup rate of 15%:
(1) All direct labor costs provided by DBE or its general contractor , excluding superintendence, project management, or administrative costs, plus 15% markup;
(2) All direct material costs provided by DBE or its general contractor , including sales tax, plus15% markup;
(3) All direct plant and equipment rental costs provided by DBE or its general contractor, plus 15% markup;
(4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and
(5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums.
6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that DBE has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the adjustment to compensation or time that the City believes is merited. DBE’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.
6.5 Non-Compliance Deemed Waiver . DBE waives its entitle ment to any increase in the Contract Price or Contract Time if DBE fails to fully comply with the provisions of this Article.
DBE will not be paid for unauthorized Extra Work.
Article 7 - General Construction Provisions
7.1 Permits, Fees, Business License, and Taxes.
(A) Permits, Fees, and City Business License . Except as otherwise expressly stated in these Contract Documents, DBE must obtain and pay for all plan checks, permits, fees, or licenses required to perform the Work, unless ot herwise indicated in the Contract Documents. DBE must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required , and must prepare and submit all documents necessary to obtain any required app roval from government agencies with jurisdiction over the Project, as may be required . DBE must provide City with copies of all records of plan checks, permits and permit applications, payment of required fees, approval(s) from government agencies with jurisdiction over the Project, and any licenses required for the Work. DBE, members of the DB Team, and Subcontractor(s) must obtain a City business license before beginning Work on the Project.
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(B) Taxes. DBE must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax.
7.2 Temporary Facilities. DBE must provide, at DBE’s sole expense, any and all temporary facilities for the Project , including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation. Tempora ry facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. DBE must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties.
Additional provisions pertaining to temporary facilities may be included in the Baseline Project Documents or Special Conditions.
(A) Utilities. DBE must install and maintain the p ower, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities.
(B) Removal and Repair. DBE must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first.
DBE must promptly repair any damage to City’s property or to other property caused by the installation, use, or re moval of the temporary facilities, and must promptly restore the property to its original or intended condition.
7.3 Noninterference and Site Management. DBE must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. DBE must also minimize disruption of access to private property in the Project vicinity. DBE must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, DBE must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours.
(A) Offsite Acquisition. Unless otherwise provided by City, DBE must acquire, use and dispose of, at its sole expense, any Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work.
(B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, DBE may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, DBE must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney.
(C) Traffic Management. DBE must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic.
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7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location.
7.5 Project Site and Nearby Property Protections.
(A) General. DBE is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work , the Project site, and the materials and equipment to be incorporated into the Work until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, DBE must confine its operations to the area of the Project site indicated in the Baseline Project Documents. DBE is liable for any damage caused by DBE or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to DBE’s failure to adequately secure the Work or any Worksite.
(1) Subject to City’s approval, DBE will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections.
(2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, DBE must immediately notify City and establish a plan, subject to City’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill.
(3) DBE must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location.
(4) If directed by Engineer, DBE must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole di scretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to DBE.
(5) DBE will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure.
(B) Securing Project Site. After completion of Work each day, DBE must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized.
Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. DBE and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City.
(C) Unforeseen Conditions. If DBE encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Baseline Project Document s, record drawings, or other documents or information made available to DBE or apparent from inspection of the Project site, DBE must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer. DBE and must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and
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binding on DBE. If the Engineer’s subsequent direction to DBE affects DBE’s cost or time to perform the Work, DBE may submit a Change Order requ est as set forth in Article 6, above.
(D) Support; Adjacent Properties. DBE must provide, install and maintain all shoring, bracing and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. DBE must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More.
(E) Notification of Property Damage. DBE must immediately notify the City of damage to any real or personal property resulting from Work on the Project. DBE must immediately provide a written report to City of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; ( 2) the name and address of each employee of DBE or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first resp onder report, if applicable. If DBE is required to file an accident report with another government agency, DBE will provide a copy of the report to City.
7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. DBE must employ measures to preserve the specified q uality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation, and must be installed in accord ance with the manufacturer’s recommendations or instructions . DBE is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work . DBE is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at DBE’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. DBE will not assign, sell, mortgage, or hypothecate any materials or equip ment for the Project, or remove any materials or equipment that have been installed or delivered.
(B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, DBE is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. DBE must notify City of any defects discovered in City -provided materials or equipment , sufficiently in advance of scheduled use or installation to afford adequate time to pro cure replacement materials or equipment as needed. DBE is solely responsible for any loss of or damage to such items which occurs while the items are in DBE’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to DBE.
(C) Intellectual Property Rights. DBE must, at its sole expense, obtain any authorization or license required for use of patented or copyright protected materials, equipment, devices or processes that are used or incorporated into the Work. DBE’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision.
7.7 Substitutions.
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(A) “Or Equal.” Any specification in the Baseline Project Document s or in the City - approved Construction Documents designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or servi ce desired, and DBE may request use of any equal item or service. Unless otherwise stated in the Baseline Project Documents or City-approved Construction Documents, any reference to a specific brand or trade name for an item that is used solely for the pur pose of describing the type of item desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts.
(B) Request for Substitution. A request for substitution of an item specified in the Baseline Project Document s must be submitted in writing to City for approval with the Design Development Documents. A request for substitution of an item specified in the City- approved Construction Documents must be submitted in writing to City for approval sufficiently in advance of the time needed to avoid delay of the Work, factoring in adequate time for testing, re-testing, or resubmittal.
(C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. DBE’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review.
(D) Burden of Proving Equality. DBE has the burden of proving the equality of the proposed substitution at DBE’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final.
(E) Approval or Rejection. If the proposed s ubstitution is approved, DBE is solely responsible for any additional costs or time associated with the substituted item or service.
If the proposed substitution is rejected, DBE must, without delay, install the item or use the service as specified by City.
(F) DBE’s Obligations. City’s approval of a proposed substitution will not relieve DBE from any of its obligations under the Contract Documents. In the event DBE makes an unauthorized substitution, DBE will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements.
7.8 Testing and Inspection.
(A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site.
All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days pri or to the first such application or installation. DBE must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit DBE’s duty to complete the Work i n accordance with the Contract Documents.
(B) Scheduling and Notification. DBE must cooperate with City in coordinating the inspections and testing. DBE must submit samples of materials, at DBE’s expense, and schedule all tests required by the Contract D ocuments in time to avoid any delay to the progress of the Work. DBE must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary
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parties as specified in the Contract Documents. If DBE schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, DBE must notify the Engineer at least two Working Days in advance for approval. If approved, DBE must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to DBE.
(C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent testing consultants retained by City, subject to the following exceptions:
(1) DBE will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, an d any associated remediation costs.
(2) DBE will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready or DBE fails to appear for a scheduled inspection.
(3) If any portion of the Work that is subject to inspection or testing is covered or concealed by DBE prior to the inspection or testing, DBE will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs.
(4) DBE is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below.
(5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by DBE, at DBE’s sole expense, even if that Work or material was previously inspected or included in a progress payment.
(D) Contractor’s Obligations. DBE is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve DBE of its obligations to perform the Work as specified in the Construction Documents. Any Work done without the required inspection(s) will also be subject to rejection by City.
(E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, DBE is solely respon sible for the additional travel costs required for testing and/or inspection at such locations.
(F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions.
7.9 Project Site Conditions and Maintenance. DBE must at all times, on a 24 -hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. DBE must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site.
(A) Air Emissions Control. DBE must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws.
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(B) Dust and Debris. DBE must minimize and confine dust and debris resulting from the Work. DBE must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies DBE that an airborne nuisance exists. The Engineer may direct that DBE provide an approved water -spraying truck for this purpose.
If water is used for dust control, DBE will only use the minimum necessary. DBE must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section
7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. DBE will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets.
(C) Clean up. Before discontinuing Work in an area, DBE must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials.
(1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be DBE’s property.
(2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. DBE must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping.
(D) Disposal. DBE must dispose of all Project debris and waste materials in a safe and legal manner. DBE may not burn or bury waste materials on the Project site. DBE will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system.
(E) Completion. At the completion of the Work, DBE must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris , presenting a clean and neat appearance . Before demobilizing from the Project site, DBE must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from th e completed Work and the surrounding areas. DBE must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. DBE must provide all cutting, fitting and patching needed to accomplis h that requirement. DBE must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Re pairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. DBE must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City.
(F) Non-Compliance. If DBE fails to comply with its maintenance and cleanup obligations or any City clean up order , City may , acting i n its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to DBE.
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7.10 Instructions and Manuals. DBE must provide to City three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project.
(A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application.
The instructions and manuals, along with any required guarantees, must be delivered to City for review.
(B) Training. DBE or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents.
7.11 As-built Drawings. DBE and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as -built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project.
(A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. City may withhold the estimated cost for City to have the as -built drawings prepared from payments otherwise due to DBE , until the as -built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identif ied on the as -built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork, or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above-ground improvements.
(B) Final Completion. DBE must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as -built drawings to the City Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment.
7.12 Existing Utilities.
(A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. DBE must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or ha nd excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, DBE will be responsible for costs resulting from damage to identified or reasonably identifiable util ities due to DBE’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7.
(B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, DBE discovers utility facilities not identified by City in the Contract Documents, DBE must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. DBE will be compensated in accordance with the provisions of the
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Contract Documents for the costs of locating, repairing damage not due to DBE’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Contract Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work. DBE will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities.
7.13 Notice of Excavation. DBE must comply with all applicable requirements in Government Code §§ 4216 through 4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires that, except in an emergency, DBE must contact the appropriate regional notification center, or Underground Services Alert at least two working days, but not more than 14 calendar days , before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. DBE may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert.
7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project.
(A) Duty to Notify. DBE must promptly, and before the following conditions are disturbed, provide written notice to City if DBE finds any of the following conditions:
(1) Material that DBE believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws;
(2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to DBE prior to the deadline for submitting Proposals; or
(3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents.
(B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to DBE prior to the deadline for submitting Proposals, or involve hazardous waste, and cause a decrease or increase in DBE’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order.
(C) Disputes. In the event that a dispute arises between City and DBE regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, DBE will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contra ct. DBE will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between DBE and City.
7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared
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by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited.
7.16 New Utility Connections. Except as otherwise specified, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any.
DBE must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule.
7.17 Lines and Grades. DBE is required to use any benchmark provided by the Engineer.
Unless otherwise specified in the Contract Documents, DBE must provide all lines and grades required to execute the Work . DBE must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. DBE must notify the Engineer of any d iscrepancies found between DBE’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order.
7.18 Historic or Archeological Items.
(A) DBE’s Obligations. DBE must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager upon discovery of any potential historic or archeological items, includi ng historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”).
(B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85 -foot radius of the find and may not resume until authorized in writing by City. If required by City, DBE mu st assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. A t City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13.
7.19 Environmental Control. DBE must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. DBE must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. DBE and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways.
(A) Stormwater Permit. DBE must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Co nstruction Activity (“Stormwater Permit”) and all applicable Laws, including City of Santa Rosa Municipal Code section 17-12.
(B) DBE’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offic es, and DBE must comply with it without adjustment of the Contract Price or the Contract Time. DBE must timely and completely submit required reports and monitoring information required by the conditions of the
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Stormwater Permit . DBE also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs.
7.20 Noise Control. DBE must comply with all applicable noise control Laws. N oise control requirements apply to all equipme nt used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by DBE.
7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which may be requested from: https://filerequest.conservation.ca.gov/RequestFile/79092.
Article 8 - Payment
8.1 Payment for Services . For all Services performed in compliance with the Contract Documents, City will compensate DBE on a monthly basis pursuant to the Contract and this Article 8 in an amount not to exceed the Contract Price, as adjusted by approved Change Orders, if any, as further specified below.
8.2 Schedule of Values . Prior to commencing the Construction Phase, DBE must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including cost allocations for both the Engineering Services and the Construction Services to be provided during the Construction Phase.
Each line item contained in the schedule of values must be assigned a value such that the total of all items required for the Construction Services does not exceed the Contract Price for Construction Services under Section 3.1(B) of the Contract . The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with DBE’s Proposal.
(A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured acc ording to the methods specified in the Contract Documents.
(B) Deleted or Reduced Work. DBE will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that DBE reasonably incurred before DBE learned that the Work could be deleted or reduced. DBE will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits.
8.3 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, DBE will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Engineering Services or Construction Services performed during that preceding month.
(A) Application for Payment.
(1) Each application for p ayment for Engineering Services must summarize the Engineering Services provided during the preceding month and identify each Design Professional that provided those services.
(2) Each application for payment for Construction Services must be itemized to include labor, materials, and equipment incorporated into the Work, and materials
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and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each application for payment for Construction Services must be supported by DBE’s schedule of values and any other substantiating data required by the Contract Documents. If requested by the Project Manager, each application for payment for Construction Services must also be accompanied by an executed Conditional Waiver And Release Upon Progress Payment, using the form specified in Civil Code § 8132 for each Subcontractor that performed Work during the period covered by that application. The application for payment for Construction Services must also include the monthly report documenting compliance with the Skilled and Trained Workforce requirements pursuant to Public Contract Code § 2602, and as specified in Section 9.6, below.
(B) Payment of Undisputed Amounts.
(1) City will pay the undisputed amount due within 30 days after DBE has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will ded uct a percentage from each progress payment as retention, as set forth in Section 8.6, below, and may withhold additional amounts as set forth in Section 8.4, below.
(2) If required by the Project Manager, within 45 days after receipt of each payment from City for Construction Services, DBE must submit an executed Unconditional Waiver And Release Upon Progress Payment, using the form specified in Civil Code § 8134, from each Subcontractor that has received a progress payment from DBE following DBE’s receipt of payment from City.
8.4 Adjustment of Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. DBE will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed b elow.
Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists.
(A) For DBE’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items , City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work .
(B) For loss or damage caused by DBE or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace.
(C) For DBE’s failure to pay its Subcontractors and suppliers when payment is due , City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.7(B), Joint Checks.
(D) For DBE’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the Ci ty’s estimated cost to correct or complete the Work.
(E) For any unreleased stop notice, City may withhold 125% of the amount claimed.
(F) For DBE’s failure to submit any required schedule or schedule update or in the manner and within the time specified in the Contract Documents , City may withhold an
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amount equal to five percent of the total amount requested until DBE complies with its schedule submittal obligations.
(G) For DBE’s f ailure to maintain or submit as -built documents in the manner and within the time specified in the Contract Documents , City may withhold or deduct an amount based on the City’s cost to prepare the as-builts.
(H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated cost to correct unsatisfactory Work or diminution in value.
(I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to DBE as required by Laws and as directed by the Division of Labor Standards Enforcement.
(J) For any other costs or charges that may be withheld or deducted from payments to DBE, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to DBE.
8.5 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.
8.6 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.4, Adjustment of Payment Application) , or the percentage stated in the RFP, w hichever is greater, as retention to ensure full and satisfactory performance of the Services. DBE is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project.
(A) Substitution of Securities. As provided by Public Contract Code § 22300, DBE may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if DBE disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement.
(B) Release of Undisputed Re tention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.4, Adjustment of Payment Application, will be released as Final Payment to DBE no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by the Board of Public Utilities or authorized designee, pursuant to Section 11.1(C), Acceptance, or, if the
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Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c).
8.7 Payment to Subcontractors and Suppliers. Each month, DBE must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such p ayments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract.
(A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, City will w ithhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.
(B) Joint Checks. City reserves the right , acting in its sole discretion, to issue joint checks made payable to DBE and its Subconsultants, Subcontractors or suppliers, if City determines this is necessary to ensure fair and timely payment for a Subconsultant, Subcontractor or supplier who has provided services or goods for the Project . As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subconsultant, Subcontractor or supplier of any tier beyond the scope of the joint check agreement.
8.8 Final Payment. DBE’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8. 3, above.
Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If DBE fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from DBE in order to close out the Project. For purposes of determining the deadline for Claim submission pursuant to Article 12, t he date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to DBE, or otherwise provides written notice to DBE of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.4, Adjustment of Payment Application. If the amount due from DBE to City exceeds the amount of Final Payment, City retains the right to recover the balance from DBE or its sureties.
8.9 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon DBE furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release.
8.10 Warranty of Title. DBE warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to DBE.
Article 9 - Labor Provisions
9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, gender, medical condition, age, disability, or marital status is strictly
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prohibited. DBE and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt.
Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5.
9.2 Labor Code Requirements . The following requirements apply to any work classified as “public works” pursuant to Labor Code § 1720 et seq. (and any corresponding regulations):
(A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract.
(B) Penalty. Pursuant to Labor Code § 1813, DBE will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by DBE or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815.
(C) Apprentices. DBE is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference.
(D) Notices. Pursuant to Labor Code § 1771.4, DBE is required to post all job site notices prescribed by Laws.
9.3 Prevailing Wages . Each worker performing Work under this Contract that is covered under Labor Code § 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code.
The prev ailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. DBE must post a copy of the applicable prevailing rates at the Project site.
(A) Penalties. Pursuant to Labor Code § 1775, DBE and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. DBE must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.
(B) Federal Requirements. If th is Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements , DBE and its Subcontractors are required to pay the higher of the current ly applicable state or federal prevailing wage rates.
9.4 Payroll Records. At all times during performance of the Construction Services, DBE must comply with the provisions of Labor Code §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference , including requirements for monthly electronic submission of payroll records to the DIR.
(A) DBE and Subcontractor Obligations . DBE and each Subcontractor 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 connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
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(2) DBE or Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
(B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, or to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, DBE or Subcontractor has ten days in which to comply with requirements of this section. If DBE or Subcontractor fails to do so within the ten day period, DBE or Subcontractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to DBE.
9.5 Labor Compliance . Pursuant to Labor Code § 1771.4, Construction Services for the Project are subject to compliance monitoring and enforcement by the DIR.
9.6 Skilled and Trained Workforce. DBE and its Subcontractors of every tier must use a Skilled and Trained Workforce to perform all Work on the Project that falls within an apprenticeable occupation in the building and construction trades. DBE will submit a report each month to the City demonstrating compliance with this requirement during the previous calendar month. The monthly report on compliance with Skilled and Trained Workforce requirements during the previous calendar month must be submitted with DBE’s monthly application for progress payments.
Article 10 - Safety Provisions
10.1 Safety Precautions and Programs. DBE and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. DBE and its Subcontractors must at all times comply with all applicable health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite.
(A) Reporting Requirements. DBE must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. DBE must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of DBE or of any Subcontractor involved in the incident; (3) a detailed description of the in cident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If DBE is required to file an accident report with a government agency, DBE will provide a copy of the report to City.
(B) Legal Compliance. DBE’s safety program must comply with the applicable legal and regulatory requirements. DBE must provide City with copies of all notices required by Laws.
(C) DBE’s Obligations. Any damage or loss caused by DBE arising from the Work which is not insured under property insurance must be promptly remedied by DBE.
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(D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for DBE’s safety program, require DBE or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If DBE fails to promptly take the required corrective measures, City may perform them and deduct the co st from the Contract Price. DBE agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on DBE’s compliance with City’s request for corrective measures pursuant to this provision.
10.2 Hazardous Materials . Unless otherwise specified in the Contract Documents , this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If DBE encounters materials on the Project site that DBE reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, DBE may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work.
10.3 Material Safety. DBE is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to DBE’s employees about any hazardous chemicals to which they may be exposed in the course of the Work.
A hazard communication program and other forms of warning and training about such exposure must be used. DBE must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to DBE’s employees, Subcontractors, and City.
(A) DBE Obligations. DBE is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. DBE must notify the Engin eer if a specified product or material cannot be used safely.
(B) Labeling. DBE must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the iden tity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.
10.4 Hazardous Condition. DBE is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, DBE must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed.
10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, DBE must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City.
Article 11 - Completion and Warranty Provisions
11.1 Final Completion.
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(A) Final Inspection and Punch List . When the Work required by t his Contract is fully performed, DBE must provide written notification to City requesting final inspection.
The Engineer will schedule the date and time for final inspection, which must include DBE’s primary representative for this Project and its superintendent for the Construction Services.
Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents. The punch list to DBE and will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if DBE fails to do so within the specified time. The omission of any non -compliant item from a punch list will not rel ieve DBE from fulfilling all requirements of the Contract Documents. DBE’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by t he City or by a third party retained by the City due to DBE’s failure to timely complete any such outstanding item.
(B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents, and submission of all final submittals, including instructions and manuals as required under Secti on 7. 10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction.
(C) Acceptance. The Project will be considered accepted upon Board of Public Utilities action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list.
(D) Final Payment and Release of Retention . Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If DBE fails to complete all of the punch list items wi thin the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self -perform the outstanding items or to retain a third par ty to complete any such outstanding punch list item.
11.2 Warranty.
(A) General. DBE warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. DBE further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. DBE warrants that materials or items incorporated into the Work comply with the re quirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, DBE must furnish satisfactory evidence of the quality and type of materials and equipment furnished. DBE’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance.
(B) Warranty Period. DBE’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or
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Special Conditions. DBE must obtain from its Subcontractors, suppliers , and manufacturers any special or extended warranties required by the Contract Documents.
(C) Warranty Documents. As a condition precedent to Final Completion, DBE must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. DBE will require all such warranties to be executed in writing for the benefit of City and, if directed by City, will enforce all warranties for the benefit of City.
(D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by DBE and its Subcontractors, and DBE expressly agrees to be co- guarantor of such Work.
(E) DBE’s Obligations. Upon written notice from City to DBE of any defe ct in the Work discovered during the Warranty Period, DBE or its responsible Subcontractor must promptly correct the defective Work at its own cost. DBE’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which DBE was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction.
(F) City’s Remedies. If DBE and/or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at DBE’s sole expense. DBE must reimburse City for its costs in accordance with subsection (H), below.
(G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at DBE’s sole expense. DBE or its surety must reimburse City for its costs in accordance with subsection (H), below.
(H) Reimbursement. DBE mist reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel DBE’s compliance with this provision, and City is the prevailing party in such action, DBE and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce DBE’s warranty obligations herein , in addition to any a nd all costs City incurs to correct the defective Work.
11.3 Use Prior to Final Completion . City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion.
(A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or DBE’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect.
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(B) City’s Responsibility. City will be responsible for the cost of mainten ance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to DBE’s cost or time to complete the Work within the Contract Time.
11.4 Substantial Completion . For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that DBE or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article.
Article 12 - Dispute Resolution
12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work.
(A) Definition. “Claim” means a separate demand by DBE, submitted in writing by registered or certified mail with return receipt requested, for a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part. A Claim may also include that portion of a unilateral Change Order that is disputed by DBE.
(B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between DBE and City. With the exception of any dispute regarding the amount of money actually paid to DBE as Final Payment, DBE is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City.
(C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code §§ 9204 and 20104, et seq., which are incorporated by reference herein.
(D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, DBE must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute.
(E) Informal Resolution. DBE will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face -to-face meeting between authorized representatives of DBE and City.
12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:
(A) Substantiation. The Claim must be submitted to City in writing clearly identified as a “Claim” submitted pursuant to this Article 12 and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable
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portions of the Contract Documents and a chronology of relevant events. Any Claim fo r additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be s ubmitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format and Content. A Claim must be submitted in the following format:
(1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time).
(2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue , including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part.
(3) Provide a d etailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently , separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim:
(a) A succinct statement of the matter in dispute, including DBE’s position and the basis for that position;
(b) Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above);
(c) A chronology of relevant events; and
(d) Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested.
(4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, DBE must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts.
(5) Include t he following certification, executed by DBE’s authorized representative:
“The undersigned DBE certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. DBE warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.”
(C) Submission Deadlines.
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(1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 15 days following the date that City notified DBE in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if DBE cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the DBE cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by DBE.
(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.8, Final Payment.
(4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by DBE.
12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45 -day period is extended by mutual agreement of City and DBE or as otherwise allowed under Public Contract Code § 9204 . However , if City determines that the Clai m is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim.
(A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and DBE. If DBE’s Claim is based on estimated amounts, DBE has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim.
(B) Non-Waiver. Any failure by City to res pond within the times specified above will not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents.
12.4 Meet and Confer. If DBE disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, DBE may notify the City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If DBE fails to notify City of the dispute and demand an informal conference to meet and confer in writing with in the specified time, DBE’s Claim will be deemed waived.
(A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference.
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(B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office.
(C) Written Statement After Meet and Confer. Within ten working days after the meet and conf er has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the DBE may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.
12.5 Mediation and Government Code Claims.
(A) Mediation. Within ten working days after City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and DBE will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely a nd separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim.
(2) The time for filing a Government Code Claim will be tolled from the time DBE submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.
12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort -based Government Code Claims.
12.7 Arbitration. It is expressly agreed, under Code of Civ il Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.
12.8 Burden of Proof and Limitations . DBE bears the burden of proving entitlement to and the amount of any claimed damages. DBE is not entitled to damages calculated on a total cost basis, but must prove actual damages. DBE is not entitled to speculative, special, or consequential damages, includ ing home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity;
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lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for t he Project; extended capital costs; non -availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.
12.9 Legal Proceedings . In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City ’s remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work.
12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article
13. Article 13 - Suspension and Termination
13.1 Suspension for Cause. In addition to all other remedies available to City, if DBE fails to perform or correct Work in accordance with the Contract Documents, including non - compliance with applicable environmental or health and safety Laws, City may immediately order the Work , or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction.
(A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, DBE and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in - progress Work and materials. DBE is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project.
(B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, DBE and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, DBE must submit a recovery schedule, prepared in accordance w ith the Contract Documents, showing how DBE will complete the Work within the Contract Time.
(C) Failure to Comply. DBE will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by DBE’s failure to comply with the Contract Documents.
(D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to DBE’s failure to comply with the requirements of the Contract Documents.
13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be
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appropriate for City’s convenience . Upon notice by City pursuant to this provision, DBE must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in -progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If DBE submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience , except to the extent that any such impacts were caused by DBE’s failu re to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If DBE disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12.
13.3 Termination for Default. City may declare that DBE is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract.
(A) Default. Events giving rise to a declaration of default include DBE’s refusal or failure to supply sufficient skilled workers, proper mater ials, or equipment to perform the Work within the Contract Time; DBE’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage ; DBE’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of DBE’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; a suspension, revocation, or expiration and nonrenewal of DBE’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in DBE’s organization, ownership, structure, or existence as a business entity; unauthorized assign ment of DBE’s rights or duties under the Contract; or any material breach of the Contract requirements.
(B) Notice of Default and Opportunity to Cure. Upon City’s declaration that DBE is in default due to a material breach of the Contract Documents , if City determines that the default is curable, City will afford DBE the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for s uch cure, including a shorter period of time if applicable.
(C) Termination. If DBE fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to DBE and its performance bond surety of City’s termination of the Contract for default.
(D) Waiver. Time being of the essence in the performance of the Work, if DBE’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement con tractor, or by any other means that City determines advisable under the circumstances. DBE and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” mea ns all cost in excess of the cost City would have incurred if DBE had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work.
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(E) Compensation. Within 30 days of receipt of updated as -builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which DBE has already been compensated, DBE will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8. 4, and excluding any costs DBE incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If DBE disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City.
(F) Wrongful Termination. If DBE disputes the termination, its sole re course is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and DBE’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below.
DBE waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs , or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations.
13.4 Termination for Convenience. City reserves the right , acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to DBE.
(A) Compensation to DBE. In the event of City’s termination for convenience, DBE waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to DBE, and DBE will not be entitled to any additional claim or compensation:
(1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on DBE’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work;
(2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilization costs were not provided in a schedule of values pursuant to Section
8.2, then based on actual, reasonable, and fully documented demobilization costs; and
(3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date.
(B) Disputes. If DBE disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City.
13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part.
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(A) General. Upon termination, City may immediately enter upon and take possession of the Project and the Work an d all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. DBE will transfer title to and deliver all completed Work and all Work in progress to City.
(B) Submittals. Unless otherwise specified in the notice of te rmination, DBE must immediately submit to City all designs, drawings, as -built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work -related documents required under the te rms of the Contract Documents, including incomplete documents or drafts.
(C) Close Out Requirements. Except as otherwise specified in the notice of termination, DBE must comply with all of the following:
(1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s).
(2) Comply with City’s instructions to protect the completed Work and materia ls, using best efforts to minimize further costs.
(3) DBE must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated.
(4) As directed in the notice, DBE must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for DBE’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval.
(5) As directed in the notice, DBE must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City.
(D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, DBE will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13.
Payment will be made in accordance with the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by DBE; payments received for sale of any such materials, supplies, or equipment, less re -stocking fees charged; and as otherwise specified in Section 8.4, Adjustment of Payment Application.
(E) Continuing Obligations . Regardless of any Contract termination, DBE’s obligations for portions of the Work already performed will continue and the provisions of the Contract Docum ents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as -built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date.
Article 14 - Miscellaneous Provisions
14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, DBE and its Subcontractors agree to assign to City all rights, title, and interest in and to all
Llano Trunk Rehabilitation Phase 1 Project GENERAL CONDITIONS Project No. C02403 Page 67
causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 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 or any subcontract. This assignment will be effective at the time City tenders Final Payment to DBE, without further acknowledgement by the parties.
14.2 Provisions Deemed Inserted . Every provision of law required to be inserted in the Contract Docu ments is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.
14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City.
14.4 Titles, Headings, and Groupings . The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.
14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Proposal was submitted.
14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 1 0, Notice, and subsections 1 1.1, 1 1.2, 1 1.3, 1 1.4, 1 1.5, and 1 1.6, of Section 11, General Provisions; and the following provisions in these General Conditions :
Section 2.4(K), DBE’s Records, Section 2. 5(C), Termination, Section 2.3(D), Ownership of Documents, Section 4.2, Indemnity and Liability, Article 12, Dispute Resolution, and Section
11.2, Warranty.
END OF GENERAL CONDITIONS
Llano Trunk Rehabilitation Phase 1 Project SPECIAL CONDITIONS Project No. C02403 Page 68
SPECIAL CONDITIONS
1. Pre-Construction Conference. City will designate a date and time for a pre- construction conference with DBE following City’s approval of the Construction Documents. Project administration procedures and coordination between City and DBE will be discussed, and DBE must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences:
1.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent;
1.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours;
1.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity;
1.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer;
1.5 Draft baseline schedule for the Work as required under Section 5.2 of the General Conditions, to be finalized within ten days after City’s approval of the final Construction Documents;
1.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to DBE;
1.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers;
1.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements;
1.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits;
1.10 If requested by City, DBE’s cash flow projections; and
1.11 Any other documents specified in the Special Conditions or by City.
2. Construction Manager Role and Authority. If the City elects to proceed to the Construction Phase, the City may hire a Construction Manager. The City will provide written notice to the DBE identifying the Construction Manager for this project. The Construction Manager will assist City in the manag ement of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the Work of DBE and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to DBE, or other services for the Project in accordance with the Construction Manager’s contract with City.
Llano Trunk Rehabilitation Phase 1 Project SPECIAL CONDITIONS Project No. C02403 Page 69
2.1 Communications. Following the identification of a Construction Manager, DBE must submit all notices and communications relating to the Work directly to the Construction Manager using the contact information provided to DBE in writing by the City, with a copy to the Engineer as follows:
Richela Maeda
[email protected]
2.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City, and will establish and implement coordination and communication procedures among City, DBE and others.
2.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs.
2.4 Pre-Construction Conference. DBE will attend the pre -construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements.
2.5 DBE’s Construction Schedule. The Construction Manager will review DBE’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents.
ATTACHMENT A
BASELINE PROJECT DOCUMENTS
Attachment A-1 BASELINE SCOPE OF SERVICES
Attachment A-2 BASELINE TECHNICAL SPECIFICATIONS
1 ATTACHMENT A-1
BASELINE SCOPE OF SERVICES
LLANO TRUNK REHABILITATION PHASE 1
ENGINEERING PHASE SERVICES
PROJECT UNDERSTANDING
The existing Llano Trunk is constructed of 66-inch reinforced concrete gravity pipe and is at the end of its useful life based on previous condition assessment work conducted by the City. This project will rehabilitate the portion of the Llano Trunk along Llano Road from just north of Todd Road to the City’s Laguna Treatment Plant (LTP) (approximately 8,100 linear feet) including existing manholes along the alignment using a progressive design build (DB) delivery approach.
SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
Provide contract administration, scheduling, invoicing, general management, and oversight of the Project.
Task 1.1 - Quarterly Project Meetings
Facilitate quarterly progress meetings to review project status, schedule, and issues that could impact project progress and/or budget. These meetings will be combined with the design review workshops as appropriate. In advance of each quarterly meeting, an updated master project schedule and budget status will be provided.
Task 1.2 – Project Accounting
Execute and manage subcontractor contract and billings and review and update the project schedule. Provide monthly invoices showing labor hours and expense costs by task for the invoiced time period including a cover letter summarizing the work done during the billing period and the work anticipated for the next billing period.
Task 1.3 – Project and Estimate Review
Provide quality control and quality assurance review of the Project plans, design memorandums, specifications, and cost estimates.
Task 1.4 – CEQA and Permitting Management
Inform the City of California Environmental Quality Act (CEQA) and permitting requirements for the Project. Oversee the CEQA and permit application schedule and inform the City of any scheduling concerns.
2 Task 1 Deliverables
• Quarterly schedule and budget updates
• Meeting agendas and minutes
• Monthly invoices with narrative cover letter
Ta
sk 1 Assumptions
• All meetings will be in person unless agreed upon and approved in advance by the City. • Quarterly progress meetings will begin with the start of the Design Phase and continue through the completion of construction.
• Preparation of CEQA documentation and permits is incl uded in Task 5.
TA
SK 2 – PRECONSTRUCTION SERVICES
Provide early construction support services to establ ish cost model and guaranteed maximum price (GMP), design and construction schedule, subcontracting and procurement plan and to provide constructability reviews of the design as it progresses.
Task 2.1 – Cost Modeling and Estimates
Develop a cost model showing labor classification and hours (including overtime and night shift), materials, equipment, and any subcontract costs for each item and identifying all contingency and escalation factors. Scope related contingencies will be based on probabilistic assessment of risk and risk costs for the Project. The cost model will include both cost details and a section for summary costs of major cost categories, markups, and contingencies. The initial cost model will be submitted to the City for review and approval at 75% design.
Develop and submit a Project cost estimate after the cost model is approved by the City. Cost estimates will be developed in a transparent and open-book manner. Cost estimates will be provided at design phase submittals. Changes will be made between design submittals if a substantial change in cost occurs due to a design change. Full cost estimates at design phase submittals will be in the form of a draft Guaranteed Maximum Price (GMP). Each estimate will include a log of additive or deductive changes from the previous cost estimate submission and a description of the basis for changes (e.g., design changes, updated quotes, revised contingencies, etc.).
Task 2.2 – Constructability Reviews, Construction Pla
nning and Deliverables
Conduct comprehensive constructability reviews at the 75% and 90% design phases. The constructability review will be completed by construction personnel experienced in construction techniques, construction sequencing, and the type of construction means and methods expected to be employed on the Project. The review will address project phasing, how the
3 bypass system will be maintained, how uninterrupted service of the sewer collection and treatment system will be maintained, adherence to permit requirements, and site accessibility.
T
ask 2.3 – Scheduling
Prepare a critical path method network analysis (Bas eline Schedule) and updates over the duration of the Project. The Baseline Schedule will include detailed scheduling for the Design Services Phase and higher-level scheduling for the Construction Services Phase.
Task 2.4 – Subcontract and Equipment Procurement
Develop a preliminary Subcontracting Plan and submit
with the 75% submittal. The
Subcontracting and Self-Performance Plan will include:
• Introduction, background, and purpose
• Planned work packages and estimated value
• Self-performed work and competitively subcontracted work • Process for competitive proposals
• Subcontractor prequalification and selection processes • Procurement plan for subcontractors, vendors, and material suppliers • Handling of long lead items and coordination
Task 2 Deliverables
• Draft Cost Model for approval
• Final Cost Model
• Full Cost Estimate after approval of the Cost Model (75% design) • Cost Estimates at each design submittal
• Final GMP proposal
• Constructability Review Report (75% and 90% submitta ls) • Critical Path Baseline Schedule
• Draft/Final Subcontracting and Self-Performance Plan
T
ask 2 Assumptions
• No more than 3 full cost estimates are anticipated.
T
ASK 3 –PRELIMINARY DESIGN
Review background information, attend site walk, and perform fieldwork and documentation to finalize the project elements and scope.
Task 3.1 – Background Information Review
4 Review existing records and data including, but not limited to CCTV footage, geographic information system (GIS) information, as-built improvement plans, utility documents, and base maps.
Task 3.2 – Kickoff Meeting & Preliminary Site Walk
Prepare for, attend, and facilitate a Kickoff Meetin g and site walk with the City’s Project Manager and environmental staff. The design consultant project manager, general contractor, bypass designer, and environmental and permitting point person from the Design-Builder’s team will participate.
Task 3.3 - Manhole Condition Assessment
Develop and submit draft and final Safety Work Plan
documenting the condition assessment
approach, confined space entry approach, possible hazards, and rescue procedures for confined space entry.
Perform condition assessment for manholes along the section of trunk to be rehabilitated. The assessment will include:
• Visual evaluation and documentation of the existing condition of the structures, inlets, and outlets, and appurtenances. Documentation will include locations of cracks, exposed reinforcing steel, concrete deterioration depth, infiltration, and other defects, and condition or locations of defects in the existing lining. • Documentation of observations with digital photographs. A minimum of ten (10) photographs will be provided for each structure.
• Rate conditions using the VANDA Concrete and Metallic Condition indexes. • Surface pH measurements for concrete surfaces (one her manhole). • Assessment of the concrete condition by “sounding” to listen for discontinuities and penetration measurement to find the depth to sound material. • Measurement of the thickness of concrete protecting the reinforcing steel using surface penetrating radar at up to two safely accessible locations in each structure. • High-definition 360-degree video of each manhole using a pole mounted camera.
Prepare and submit a draft and final condition assessment report that describes the field assessment methods, activities, results, and conclusions. General recommendations for repairs and/or rehabilitation of the manholes will be provided.
Recommendations from the final condition assessment report will be incorporated into the Preliminary Design TM as appropriate.
Task 3.4 – CCTV
5 Conduct CCTV of the interior of the Llano Trunk alignment to be rehabilitated to determine the condition of the existing pipeline that may require spot repairs ahead of rehabilitation.
CCTV results will be documented in accordance with N ASSCO PACP standards.
Results of the CCTV investigation will be incorporat ed into the Preliminary Design TM as appropriate.
T
ask 3.5 – Preliminary Design Technical Memorandum (TM)
Update the preliminary design technical memorandum d eveloped for the proposal to incorporate the information from the field investigations conducted in Task 3 and address comments received from the City. The TM and recommendations will include the following considerations: construction duration, access requirements (construction staging area, available easements and right-of-way, and potential temporary construction easements), traffic and environmental impacts, residential impacts, anticipated permitting requirements, utility conflicts, and construction cost.
Facilitate a Pre-Design meeting with City staff after the Draft Pre-Design Technical Memorandum is submitted to the City.
Task 3 Deliverables
• Kickoff meeting Agenda/Minutes
• Draft/Final Safety Work Plan for Manhole Condition A ssessment • Draft/Final Condition Assessment Report
• CCTV footage
• PACP documentation for CCTV
• Draft/Final Preliminary Design TM
• Pre-Design Meeting Agenda/Minutes
T
ask 3 Assumptions
• The City will provide available background informati on for review • Results from the site walk, manhole condition assess ment and CCTV will be incorporated into the Preliminary Design TM, as appropriate.
T
ASK 4 –DESIGN
Progress the preliminary design to a level sufficien t for construction. This includes survey, acquisition of temporary construction easements, flow monitoring and analysis, development of plans, technical specifications, and design memoranda required to detail the design to a level sufficient to construct the project.
6 At a minimum, plans shall include the following elements:
• Each plan and/or profile sheet submitted by the Design-Builder shall include the following:
• Location and coordinates of control points, point number, elevation, and description. • Graphic scale.
• North arrow.
• Mapping showing streets (edge of pavement, face of curb). • Elevations of all existing features, structures, or utilities. • Match lines with appropriate sheet numbers.
• Indicate the plan completion percentage (75%/90%/Construction) near the project title area of the border on sheet one of the plans.
Task 4.1 – Flow Monitoring and Flow Analysis
Review existing sewer plans and conduct a desktop an alysis of the proposed monitoring sites to verify the suitability of the manholes and identify alternate manholes.
Conduct a site visit to verify manhole location and accessibility, identify traffic control requirements, and check hydraulics.
Install flow monitors at two locations to collect dry weather flow data for a period of four (4) weeks to determine the Project’s estimated peak dry weather flow for use in designing the bypass pumping system. Data will be collected at 15-minute intervals.
Prepare a Flow Monitoring Technical Memorandum TM at the conclusion of the monitoring period. The TM will include a summary of the flow monitoring equipment used, location maps identifying pipe size, manhole number, flow channel condition, site schematics, and photographs, flow monitoring data with tabular outputs of depth, velocity, and flow rate and hydrographs of depth, velocity, and flow rate, flow data analysis (daily peak, average, minimum flows) as they relate to pump bypassing.
Analyze both the collected data and historic data provided by the City to confirm the dry weather flow rate to use for design of the bypass pumping system.
The analysis and final recommended dry weather flow rate will be documented in the Design Memorandum submitted with the 75% submittal.
Task 4.2 – Topographic Survey
Review existing survey data available for the Projec
t and develop a Survey Request for the City
to obtain additional topographic features, as needed, to support the design. The survey provided by the City will include all survey control points and will be provided on the same horizontal coordinate system and vertical datum as the existing survey data.
7 Review existing utility information provided by the City to advise the City where utility markout requests should be made to USA prior to completion of supplemental survey.
Advise City of where potholing is needed to confirm existing utility clearances.
Task 4.3 – Temporary Construction Easement Support
Provide support to the City for securing temporary c
onstruction easements (TCEs). Develop one
exhibit per TCE showing the limits of construction with a description of construction activities within the property. Exhibits will be used to convey information to property owners and ultimately for the TCE.
Attend up to two on-site meetings per property owner.
Task 4.4 – 75% Design
Develop 75% design including plans, specifications,
and design memorandum.
Plans will include:
• Overall site plan
• Access plan with hauling routes
• The plan-view alignment of the bypass lines and approximate extents of the bypass pumping setups
• Utility conflicts
• Limits of disturbance
• Property boundaries
• Surveyed data
• Traffic control plan
• Rehabilitation improvements for the pipeline and manholes • Details indicating how the bypass piping will be configured • Surface restoration details, including striping plan, as needed • Any feedback from the permitting agencies or adjacent property owners
Technical specifications will be prepared using the City supplied “boilerplate.” A design memorandum will be prepared to summarize findings from any data collection or analysis that changes the design from the Preliminary Design TM and that provides a status update of the Project’s progress.
A 75% Design Review Workshop will be held after the City’s review period to receive the City’s comments on the submittal.
Task 4.5 – 90% Design
Develop 90% design including plans, specifications, and design memorandum.
8 The plans will be updated to include:
• Additional feedback from the permitting agencies
• Mitigation measures identified in the Mitigation Monitoring and Reporting Program (if not included at 75%)
The design memorandum submitted for 75% will be updated to reflect 90% design.
A comment response log will be provided identifying how the City’s comments provided at 75% were addressed.
Task 4.6 – Final Design (Ready for DB Construction)
If the City and the Design-Builder reach an agreemen t on the Contract Price Amendment, continue to advance the Project design until it is sufficiently complete to allow for the beginning of construction work. The City must provide approval of the design documents before construction can begin.
The design memorandum submitted for 90% will be updated to reflect the final basis of design.
A comment response log will be provided identifying how the City’s comments provided at 90% were addressed.
Task 4.7 – 100% Design (Bid Ready Documents in Case of Off-ramp) If the City chooses not to move forward with the Des ign-Builder for construction, prepare final plans and specifications in sufficient detail to communicate the full design intent of the project and in sufficient detail for solicitation for competitive bids for construction by a General Contractor.
Task 4.8 – Design Contingency
This task represents a contingency for additional me
etings, submittals, and reviews that are in
excess of those defined.
Task 4 Deliverables
• Flow Monitoring Technical Memorandum
• Survey request form
• Draft/Final exhibits to support temporary constructi on easement acquisition • 75% Submittal including Plans, Specifications, and D esign Memorandum • 90% Submittal including Plans, Specifications, Desig n Memorandum, and response to 75% comments
• Final Submittal (ready for DB construction) includin g Plans, Specifications, and Design Memorandum, and response to 90% comments
9 • 100% Bid Ready Submittal (only if City selects off-r amp) including Plans, Specifications (including front end bid documents) and Design Memorandum • Meeting agenda/minutes for design review meetings
T
ask 4 Assumptions
• Results from the Flow Monitoring and Flow Analysis w ill be included in the 75% Design Memorandum.
• The City will provide water, sewer, and storm drain base maps, available record plans for existing sewer and water, and base maps from PG&E, Comcast, and AT&T. • The City will provide surveyed data including easeme nt and right-of-way delineations, fence lines, and horizontal manhole locations.
• The City will obtain additional topographic features to be included in the survey base file at the request of the Design-Builder
• The budget reflects two on-site meetings for each pr operty requiring TCE • The City will be responsible for executing the TCEs
• Plans will be prepared using Autodesk AutoCAD Civil 3D and will conform to the City’s drafting standards manual including use of the City’s established plan, profile, and cover sheet templates.
• Technical specifications will be developed using the City supplied “boilerplate.” • Design Plans at each deliverable will include one el ectronic PDF and five (5) 22”x34” hard copies
• Technical Specifications at each deliverable will in clude one electronic PDF and five (5) hard copies
• Final signed/stamped plans will be provided as 22”x3 4” mylars and electronic AutoCAD files. AutoCAD files will be provided on a flash drive with a document describing instructions for use and a description of what is contained in each file. • Final technical specifications will be provided in M icrosoft Word format T
ASK 5 – ENVIRONMENTAL COMPLIANCE & PERMITTING
Task 5.1 – California Environmental Quality Act (CEQA)
Environmental Baseline Studies. Conduct a jurisdictional delineation, biological res ource assessment report and rare plant surveys for the Project to support CEQA and permitting efforts.
Jurisdictional Wetland Delineation Report and Verifi cation. Conduct a site investigation to determine the extent of jurisdictional Waters of the US (WotUS) and/or jurisdictional Waters of the State (WotS) under the rules and policies of the United States Army Corps of Engineers (Corps) and Regional Water Quality Control Board (RWQCB). Prepare a jurisdictional
10 delineation/survey report with a map that shows the jurisdictional limits for WoftUS and WoftS.
Submit the report to the Corps for verification. Correspond with the Corps to the extent necessary to facilitate verification of the report.
Biological Resources Assessment (BRA) and Report. Review the physical environment of the project site to observe habitat condition and sensitivities for special-status species protected under federal, state, and/or local laws and ordinances (e.g., protective tree ordinance) that are or could be present and potentially be affected by the project. Prior to the site visit, conduct a background review of relevant information in literature and databases to ascertain if any sensitive biological resources have the potential to be present on-site based on previous occurrences reported in the area. Potential presence of federal listed species will be identified through the Information for Planning and Consultation (IPaC) website and critical habitats will be searched through the Critical Habitat Mapper System website, both managed by the U.S. Fish and Wildlife Service.
Conduct a review of critical habitat and documented occurrences for California Tiger Salamander in the area including potential for the species to be present. This will include review of the USFWS mapping of CTS potential on the Santa Rosa Plain and likely mitigation ratios for CTS that would be required assuming that some impact to habitat will be unavoidable. Identify the recommended permitting path for take of listed species, if that is determined to be reasonably expected.
During the site visit, we will document any natural communities within the Study Area and note location sensitive habitat areas, such as wetlands, wildlife corridors, or habitat that may be special-status species dependent. Natural communities, if present, will be generally mapped.
Special-status plants and/or sensitive natural communities that are observed will be recorded and mapped with a full description of location and quantity documented.
Prepare a biological report sufficient to meet guidelines required by the City of Santa Rosa for CEQA environmental review. Inclusive in the report will be sections regarding the purpose of the study, the regulatory background, assessment methodology, assessment results and potential impacts evaluation, and recommendations for avoidance or mitigation for potential adverse impacts to sensitive biological resources, if any. Supporting information required in the report will list species with potential to be present with summaries of probability for presence (High, Moderate, Unlikely, No Potential) based on site conditions and habitats present.
Recommendations for future studies or in-depth analysis of sensitive natural resources that may be required will also be discussed, if needed. The report will be submitted to the City. The
11 report will be used for the CEQA process and submitted to regulatory agencies during permit application processing, if required.
Rare Plan Survey and Final Report. Conduct rare plant surveys to determine absence or presence of Santa Rosa Plain listed plants and/or other special-status plant species identified as potentially being present in the BRA report. Surveys will be conducted in early season (mid- March), spring (April-May), and possibly one late season (if necessary), timed to coincide with the blooming periods of the potential rare plants known to occur in the region. During the first two surveys, the site will be accessed to determine if a late season survey is necessary or not. If any target species are identified as being present and would be impacted by the project, mitigation for those plants may be necessary. Surveys will be performed by a qualified botanist who will traverse the entire Project Area on foot to assess the habitats present to determine suitability for special-status plants. All plants species observed will be recorded and reported.
The results of the surveys will be presented in a rare plant survey report.
Surveys will follow the CDFW and USFWS protocols for rare plants on the Santa Rosa Plain.
Project Description. Review all background documents provided by the Cli ent and prepare a
draft version of the Project Description that will be used to evaluate potential environmental impacts. The Design Builder will work to incorporate Project design features into the Project Description that will help avoid or minimize Project impacts.
The draft Project Description will be provided to the City for review. A final version of the Project Description incorporating the City’s comments will be used in the IS/MND.
Administrative Draft IS/MND. Prepare an Administrative Draft IS/MND for the Proje ct using the
Appendix G Environmental Checklist from the current version of the CEQA Guidelines, as well as any City-approved Thresholds of Significance. The IS/MND will evaluate the impacts of the proposed Project and propose mitigation measures, as needed, for any identified significant impacts to reduce the severity of impacts to less-than-significant levels.
Cultural Resources Study.
Prepare a Cultural Resources Study to support the IS/MND including:
• Archival research at the Northwest Information Center and the offices of Origer. • Contact with the Native American Heritage Commission and local Native American tribes and individuals. This notification does not constitute formal consultation. • Field survey of the three alternative locations and existing pump station site. Preliminary documentation on DPR 523 forms will be completed if cultural resources are found. • Preparation of a written report of findings that summarizes the preceding tasks and offers recommendation for the treatment of cultural resources.
12 CalEEMod Report. In support for air quality analysis for the IS/MND the most current version of the California Emissions Estimator Model (CalEEMod) will be used to estimate the emissions of criteria air pollutants from construction of each alternative. Construction duration, haul truck trips, and off-road construction equipment activity will be used in the analysis. Prepare a summary table of the estimated criteria air pollutant emissions and provide a copy of the CalEEMod report to support the air quality analysis for the IS/MND.
Health Risk Assessment. Because construction will continue for more than two months, an air
quality health risk assessment (HRA) will be prepared to evaluate the health risks at existing nearby sensitive receptors associated with diesel particulate matter (DPM) emissions generated during Project construction, in accordance with the Bay Area Air Quality Management District’s (BAAQMD’s) CEQA Air Quality Guidelines. Additionally, a cumulative health risk assessment that includes emissions from nearby sources of toxic air contaminants (TACs) and stationary sources within 1,000 feet of the existing sensitive receptors in accordance with the BAAQMD’s CEQA Air Quality Guidelines will be prepared. The health risks from the cumulative sources of TACs in the Project vicinity will be evaluated using the BAAQMD’s online air quality analysis tools. The Project’s estimated health risk impacts will be compared with the BAAQMD’s recommended thresholds of significance and mitigation measures will be prepared, as needed, to reduce any significant air quality impacts to less-than-significant levels.
Noise Technical Memorandum. Prepare a technical memorandum to evaluate the pote ntial noise
and vibration impacts associated with Project construction. Evaluate the Project’s construction noise and vibration impacts based on Project-specific construction information. Prepare mitigation measures, as needed, to reduce any potentially significant impacts to less-than- significant levels.
An electronic copy of the Administrative Draft IS/MND will be submitted to the City for review.
Screencheck IS/MND. All the City’s comments on the Administrative Draft IS/MND will be
addressed in a Screencheck Draft IS/MND. Prepare one electronic copy of a Screencheck Draft IS/MND for the City to review to confirm that all comments have been addressed.
Publication of Draft IS/MND. Upon approval of the Screencheck Draft IS/MND, prep are a PDF version of the Draft IS/MND (including Appendices) and submit it to the City for posting on the City’s website during the 30-day public review period. Produce and circulate the Notice of Intent (NOI), as well as any other CEQA noticing requirements, including the Notice of Completion (NOC) to the State Clearinghouse CEQANet Portal.
ATTACHMENT A-2
BASELINE TECHNICAL
SPECIFICATIONS
GENERAL
The Services and Work performed by the DBE shall be done in accordance with these Baseline Technical Specifications, which include:
1. City of Santa Rosa Design and Construction Standards (City Standards)
2. City of Santa Rosa Construction Specifications for Public Improvements (City Specifications)
3. State of California Department of Transportation Standard Specifications 2010 (Standard Specifications)
4. State of California Department of Transportation Standard Plans 2010 (Standard Plans).
In the event of a conflict of any of these documents, the order of precedence shall be the order in which the documents are listed above.
Whenever the Standard Specifications use the terms State of California, Department of Transportation, Director, Engineer, or Laboratory, the following terms shall be substituted therefor, and any reference to any of the foregoing terms shall be understood and interpret ed to mean and refer to such substituted terms as follows:
For State of California - the City of Santa Rosa;
For Department - the City of Santa Rosa Department of Transportation and Public Works or the City of Santa Rosa Water Department;
For Director - the City Engineer of the City of Santa Rosa;
For Engineer - the City Engineer of the City of Santa Rosa or the City Engineer’s authorized agents;
For Laboratory – Materials Engineering of the City of Santa Rosa Transportation and Public Works Department, or such other laboratory as may be authorized by the City.
Unless otherwise provided, whenever in these Baseline Technical Specifications, attention is directed to specific provisions in the Standard Specifications, such direction shall not be interpreted as excluding other applicable provisions of the Standard Specifications.
Unless otherwise provided, when sections and subsections of the Standard Specifications are used in these Baseline Technical Specifications, such use is not exclusive and shall not be interpreted as excluding other applicable provisions of said sections and subsections but is only intended to add to or modify such sections or subsections.
Unless otherwise provided, full compensation for compliance with these Baseline Technical Specifications is included in the Contract Price and no additional allowance will be made to Contractor therefor.
The Standard Specifications are hereby modified to delete any reference or incorporation of provisions providing for or requiring arbitration of any and all claims and disputes arising under this contract.
CITY OF SANTA ROSA
CONSTRUCTION SPECIFICATIONS FOR PUBLIC
IMPROVEMENT (CITY SPECIFICATIONS)
10 GENERAL CONSTRUCTION
10-2.01 Description: Mobilization shall conform to the provisions in Section 9-1.16D, “Mobilization,” of the Standard Specifications and as modified herein.
Mobilization shall include the obtaining of all permits, moving onto the site of all equipment, temporary buildings, if needed, temporary fencing, and other construction facilities as required for the proper performance and completion of the work.
Mobilization shall include but not be limited to the following principal items:
1. Signed Contract by the City and the Contractor.
2. Completion of all tasks and submittal of all documents (bonds, insurance, schedule, etc.) required as conditions of issuing the Notice to Proceed.
3. Moving onto the site(s) of all Contractor’s equipment required for operations.
4. Installing temporary construction water supply, power, wiring and lighting facilities, as required.
5. Providing field office trailers if needed by the Contractor.
6. Providing all on-site communication facilities, including telephones and radio pagers.
7. Obtaining and adhering to all required permits.
8. Compliance with submittal process.
9. Having all OSHA required notices and establishment of safety programs.
10. Attendance at Pre-Construction and weekly progress meetings of Contractor’s principal construction personnel.
11. Beginning work on the project or at the subject site as applicable.
12. Demobilization from the site(s).
Only one mobilization charge shall be allowed for this project. No charges will be allowed for movement of equipment between project sites or locations.
10-2.02 Payment: Mobilization/Demobilization shall not exceed 5% of the total contract price and shall be paid for at the contract lump sum price, which price shall include full compensation for conforming to the provisions of this section and no additional compensation will be allowed therefor. 90% of payment shall be for mobilization and 10% of payment shall be for demobilization.
11 QUALITY CONTROL AND ASSURANCE
11-10.01 General: All visitors, contractors and others on City property shall, at all times, observe all applicable Local, State and Federal safety requirements, including but not limited to Division of Occupational Safety and Health (Cal/OSHA) and Society for Protective Coatings (SSPC). In addition, all visitors, contractors and other’s on City property shall, at all time, observe the safety rules and requirements listed in Section 13 of these Special Provisions.
11-10.02 Safety Requirements: The Contractor shall designate a Safety Supervisor who is qualified and authorized to supervise and enforce compliance with the Contractor’s Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the Contractor's Safety Supervisor. The Contractor will ensure that all of its employees and its sub contractors of any tier, fully comply with these Special Provisions. The Safety Supervisor shall be either a full -time employee of the Contractor or a contracted safety consultant with experience and/or professional certifications indicating experience in construction safety. The Safety Supervisor provided by the contractor must be approved by the City and provide the City with weekly safety inspection reports identifying hazards found and corrective actions taken. The site Safety Supervisor shall be responsible for supervising compliance with applicable safety requirements on the work site and to develop and implement safety training for all job personnel.
The City shall have the authority to remove the Contractor's Safety Supervisor if his/her performance of duties is judged to be improper or inadequate. However, the City shall not in any way affect the Contractor's sole responsibility for performing work safely, nor shall it impose any obligation upon the City to ensure the Contractor performs its work safely.
The Contractor shall take all necessary action to prevent damage, injury, and loss to:
All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected.
All work materials and equipment to be incorporated therein, whether in storage on or off the site.
Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.
The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall ere ct and maintain all necessary safeguards for such safety and protection. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them in connection with the work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.
No smoking in any area designated “No Smoking” or “Flammable Storage” or any other area where smoking is prohibited by law.
Only City employees are permitted to have facility keys. Contractors are not permitted to have keys or other devices to gain access to City facilities.
Contractors are responsible for providing their employees with the required safety equipment such as, but not limited to, gas detection meters, rescue equipment, and personal protective equipment.
Contractor shall not move or relocate City first -aid equipment, blankets, stretchers, emergency eyewash/shower units, or any other safety equipment, without the permission of the City.
Contractors who damage City equipment or property shall report the incident immediately to the Engineer and complete the Contractor’s Report of Damage to City Equipment or Property, F orm(s), which will be provided at Project’s pre-construction meeting.
Unless otherwise approved through a written authorization by the Engineer or their designee, Contractor is not allowed to tamper with valves, pumps, chemical storage tanks or any other City equipment.
11-10.04 Accidents And Safety Emergencies(CCR Title 8, Sections 3203, 14301, 14001): In emergencies affecting the safety or protection of persons or the work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer , is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the work or variations from the Contract Documents have been caused thereby.
All accidents involving lost work time or damaged City property shall be reported to the Engineer on the same workday the incident occurred using the Contractor’s Injury/Fatality Incident Report. Form(s), and/or the Contractor’s Report of Damage to City Equipment or Property Form(s), which will be provided at Project’s pre-construction meeting.
Should a serious accident or emergency occur, or if an emergency requires off-site emergency responders (police, fire, medical, etc.), Contractor shall immediately notify, including nights, weekends, and holidays, the City according to the Emergency Equipment/Contact Information Form(s), which will be provided at Project’s pre-construction meeting.
Should a serious accident or emergency occur, the City reserves the right to conduct an accident investigation of the incident, either in conjunction with, or separate of, the Contractor. The Contractor shall provide complete access to the City’s representative(s) and shall allow the City’s representative(s) to take photos and private witness statements.
Accidents involving lost work time or damaged City property shall be investigated and a copy of the Contractor’s Injury/Fatality Incident, and/or the Contractor’s Report of Damage to City Equipment or Property Form(s), (these will be provided at Project’s pre -construction meeting), shall be provided to the Engineer or designee within 24 hours of the incident.
If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.
11-10.05 Crane Operation (CCR Title 8, Sections 1604- 1616, 4884-5049, et al): All Contractors shall only permit operators who have a valid certificate of competency (certificate) issued in accordance with CCR Title 8 Section 5006.1 by an Accredited Certifying Entity for the type of crane to be used to operate mobile cranes having a boom length equal to or greater than 25 feet or a maximum rated load capacity equal to or greater than 15,000 pounds.
Contractor shall only use cranes and hoisting equipment that have been inspected in accordance with CCR, Title 8, Article 99. Any defects noted during any inspection shall be corrected prior to using the equipment.
All rigging equipment (i.e. slings, s ofteners, bridles, blocking cables, and the like) shall be in good condition, properly identified as to capacity and properly stored when not in use.
A qualified signal person shall be provided when the point of operation is not in full and direct view of the crane operator.
All cranes shall be equipped with an audible warning device controllable by the operator.
No crane shall be operated with wheels or tracks off the ground unless properly bearing on outriggers.
All crane operators shall have documented training, including Cal/OSHA's Crane Operating Rules (CCR, Title 8, Article 98) and shall have crane operating experience prior to using a crane on City's property.
Crane operators shall have no physical impairments that will affect the safe operations of the assigned crane.
The Contractor shall not use or operate the City's cranes or hoisting equipment without approval. Such approval to use the City's crane or hoisting equipment shall be in writing.
11-10.07 Emergency Action Plan (CCR, Title 8, Section 1512, 3220 & 3400): Contractor shall submit a written Emergency Action Plan that is applicable to the work site and work activities being performed for review at least two weeks prior to any work that involves man-entry into any pipes or structures.
Contractor is responsible for ensuring the availability of emergency medical services for its employees.
Contractor employees who will render basic first aid are to be trained and immediately available. Contractor shall also provide its own fi rst aid kit(s) that contain the minimum first- aid supplies as determined by a licensed physician or in accordance with CCR, Title 8, Section 1512.
To facilitate prompt emergency services, Contractor shall:
A. Determine who is responsible for making emergency calls.
B. Conspicuously post a list of emergency phone numbers along with information to be transmitted.
11-10.08 Fire Prevention & Protection (CCR Title 8, Sections 1922, 1930-1938, 3221, 5415-5551, et al):
Contractor’s employees shall not smoke in areas where “No Smoking” signs are posted or in any other area in which smoking is prohibited by law. In accordance with California law, all buildings are considered no smoking areas. Areas where smoking, open flames, or other ignition sources are prohibited included, but are not limited to:
A. On or near sewage digester gas storage areas or equipment.
B. Flammable/combustible storage areas.
C. Welding areas.
D. Spray paint booths.
All flammable and combustible materia ls shall be stored, piled and handled in accordance with the National Fire Protection Association, Uniform Fire Code and CCR, Title 8 requirements. Additionally:
A. Flammable liquids shall be stored in an approved manner and shall only be dispensed using approved safety containers.
B. Oily rags shall only be stored in metal containers with self-closing lids and shall not be placed into any dumpster or trash receptacle.
C. Welding gases shall be stored and handled in accordance with the "Compressed Gas Cy linders" section of this handbook.
D. Cigarettes, matches, or other open lights shall be disposed of into an approved container or receptacle.
Contractor shall furnish a sufficient number of fire extinguishers to protect its work areas and material storage areas in accordance with the National Fire Protection Association, Uniform Fire Code and CCR, Title 8 requirements. Fire extinguishers shall be currently certified and shall be inspected monthly.
Monthly inspections shall be documented using the affixed tag or other means.
Contractor shall not move, block or otherwise render fire equipment inaccessible.
Outdoor storage of flammable materials and liquids shall be located in a manner that reduces the spread of fire to other materials or to adjacent properties. Areas used for storing flammable materials and liquids shall be kept free of combustibles. Open flames and smoking is prohibited in these areas and the area shall be posted with a suitable warning sign.
Rubbish and debris shall not be allowed to accumulate on the City property. All trash and debris shall be routinely and properly disposed of.
10-10.09 Hazard Communication (CCR Title 8, Section 5194): Contractor’s wishing to bring any substance, other than gasoline or diesel, for which the manufacturer has prepared a Materials Safety Data Sheet ( MSDS), hereafter referred to as a hazardous substances, in quantities greater 25 lbs onto City properties, or whose work activities may expose City employees to hazardous substances, must first complete the Request to Use/Store Hazardous Substances on City Property Form , which will be provided at Project’s pre-construction meeting.
MSDS’s for all hazardous chemicals brought onto City property shall be kept on the premises where the hazardous chemical is used and/or stored and made available to City employees and their representative upon request.
Contractors who bring hazardous substances to the work site must take the appropriate safety precautions to protect the Contractor’s and City employees and the general public from harmful exposure.
The City maintains MSDS’s for each hazardous chemical it owns. Contractors and their representatives can request a copy of an MSDS for any City hazardous chemical by contacting the Engineer.
11-10.10 Hazardous, Flammable, Toxic Materials (CCR Title 22 & CCR Title 8, Sections 5139-5155):
Contractor shall comply with all Federal, State, and Local hazardous materials laws, regulations, and ordinances.
Contractor shall request permission (in writing) to bring any hazardous substance(s) on site that, if released, may significantly impact site employees, Contractor employees, general public, or the environment. The request procedure shall include the type and quantity of material, where and how it will be stored, the type of secondary containment that will be used, and where and by whom the material will be used. Material Safety Data Sheets from the manufacturer shall accompany this request.
Any hazardous materials brought on -site shall be promptly removed or properly disposed as a hazardous waste once expired, is no longer needed, or when the project is completed.
Hazardous materials shall be limited to the amount needed to perform the job.
11-10.11 Hot Work Permits (CCR Title 8, Sections 4848 and 6777): Contractor shall use a hot work permit in accordance with CCR, Title 8, Section 6777 whenever job activities present a risk of fire from welding, cutting, grinding, brazing, burning, soldering, or any other use of open flames that may ignite materials, fumes, or vapors.
A completed copy of the hot work permit shall be posted in the immediate work area at all times during the work.
Employees performing hot work shall be trained on hot work safety.
Fire watchers equipped with, and trained on, appropriate fire suppression equipment shall be present whenever hot work is performed in locations where fire hazards might develop, or whenever any of the following conditions exist:
A. There are appreciable combustible material closer than 35 feet to the hot work activities.
B. There are appreciable combustibles that could be easily ignited by sparks.
C. If wall or floor openings within a 35- foot radius expose combustible materials in adjacent areas including concealed spaces in walls or floors.
D. If combustible materials are adjacent to the opposite side of metal partitions, walls, ceilings, or roofs and are likely to be ignited by conduction or radiation.
Fire watchers shall be trained on how to sound an alarm and shall be stationed at the hot work area for at least ½ hour after the hot work activities are completed to detect and distinguish smoldering fires.
11-10.12 Housekeeping (CCR Title 8, Sections 1513, 1529, 1532.1, et al): During the course of work all work areas, passageways, stairs, in and around buildings and structures shall be kept cle ar of debris.
Construction materials shall be stored in an orderly manner and only in those areas designated by the City.
Storage areas and walkways on the site shall be maintained free of depressions, obstructions and debris.
Scrap lumber, metal, trash and garbage shall be removed each day. City trash disposal containers shall not be used unless special provisions have been made.
Unattended materials shall not be stored overhead without proper protection.
Work shall be performed in a manner that will minimize noise and mitigate the spread of dust and dirt into adjacent work areas.
Protruding nails, wire, spikes, etc. shall be immediately removed or completely bent.
Oil, grease and water spills shall be cleaned up immediately or covered with absorbent materials.
All reinforced steel and rebar shall be removed, bent over, flattened, covered with steel reinforcing caps or wooden troughs, or be protected using other engineering controls that will eliminate exposure to the exposed reinforced steel.
Note: Mushroom caps shall not be used for protection against impalement hazards.
Spillage of earth, dusty materials, boulders, and mud on roads located on City property is not permitted. If spillage cannot be prevented, Contractor shall provide an hourly patrol to police and sweep such areas throughout the workday.
11-10.13 Industrial Trucks (Forklifts) (CCR Title 8, Section 3649-3669): Only trained and authorized personnel shall operate forklifts. Training documentation shall be provided upon request of the City.
Contractor shall provide its own forklift that meets the design and construction requirements of Part II ANSI B-56.1-1975.
The rated lifting capacity shall be posted in a location readily visible to the operator.
A forklift shall not be used to elevate employees unless a platform with guardrails, a back guard and a kill switch are provided on the vehicle. If guardrails are not possible, fall protection is required.
A copy of the operating rules shall be immediately available and shall be enforced at all times.
11-10.14 Lockout/Tagout (CCR Title 8, Sections 2320.1-2320.9, 3314, et al): Work involving systems shutdown or startup (e.g. tie -ins, connections, equipment shutdowns, etc.) shall be coordinated with, and approved by, the Engineer using whatever procedures or mechanism the Engineer deems appropriate.
Under no circumstances, shall Contractor initiate shutdown procedures of any City work, processes or equipment, without prior approval of the Engineer.
Whenever work is to be performed on any equipment or systems that may result in hazardous energy exposures to workers or other affected personnel, all sources of energy (primary and secondary) shall be de-energized and locked out or blocked.
Lockout procedures shall comply with the most stringent applicable standard, (e.g. CCR Title 8, CFR Parts 1910 and 1926, NEC) and shall include the following:
A. Lockout procedures shall be coordinated between the Contractor and the City’s designated representative.
B. All locks shall be individually keyed. Group or crew locks are not allowed.
C. All equipment or systems that have been locked out shall have a current accident prevention tag noting the reason for placing the tag, name of the individual placing the tag, how that person may be contacted, and the date the tag was placed.
D. No employee shall remove another employee’s lock(s) or tag(s). Any exceptions shall be coordinated between the Contractor and the Engineer.
If equipment or systems cannot be locked out or blocked, suitable tagout procedures shall be implemented.
Only the person whose signature is on the accident prevention tag may remove it. Any exceptions to this shall be coordinated between the Contractor and the Engineer.
Upon completion of the work, energizing equipment is prohibited until all tags and locks have been removed. The person removing the last tag is responsible for re- installation of guards and for warning all affected personnel.
11-10.16A Spray Painting/Coating Operations: Contractor shall use positive-pressure airline respiratory protection when spraying in a confined space, or if employees are exposed to any hazardous contaminant in the product that is greater than the Permissible Exposure Limit ( PEL). If flammable or combustible paints or products are used, continuous monitoring for combustible gas is required. When 10% of the lower explosive limit is reached, painting operations shall be suspended.
Contractor shall use NIOSH or MSHA approved respiratory equipment that provides adequate protection for the substance being used.
Contractor employees shall be instructed in the correct operation and location of all fire protection and safety equipment in the work area. An appropriately rated fire extinguisher shall be placed in a convenient location near any spray-painting/coating operation.
All air and steam equipment shall be bonded if using flammable or combustible paints.
Only Class I, Division I, Group D rated explosion-proof electric motors or blowers may are allowed when flammable paints or solvents are used.
The work area shall be kept clean of accumulated rags or other combustible debris.
Employees shall wear the required personal protective equipment as identified in the products' Material Safety Data Sheets (MSDS).
Contractor shall inspect all electrical equipment in and around the spray- painting/coating area to determine if they are an approved type and in proper working condition.
The spray-painting/coating work area shall be protected from electrical hazards using proper lockout/tagout procedures.
11-10.17 Permit and Registration Requirements (CCR Title 8, Section 341): As required by Cal/OSHA, State, City, County, or City regulations, Contractors are responsible for obtaining all applicable permits.
These include, but are not limited to the following:
A. Trench or excavation four (4) feet or more in depth in which workers may enter.
B. Erection or demolition of any building, falsework, scaffolding, or structure of the equivalent of three (3) stories or higher.
C. Operating diesel equipment underground.
D. When performing asbestos-related work.
E. When working with, transporting, or performing other work activities involving hazardous materials that require a permit.
11-10.18 Personal Protective Equipment (CCR Title 8, Sections 1514- 1522, 3380 -3386): All Contractors shall provide and enforce the use of personal protection equipm ent by all its employees and visitors in accordance with CCR Title 8 Subchapter 7 General Industry Safety Orders Group 2 Safe Practices and Personal Protection Article 10.
All Contractors shall enforce the use head protection in accordance with CCR Title 8 Section 3381 Head Protection whenever its employees or visitors work in locations where there is a risk of receiving head injuries from flying or falling objects and/or electric shock and burns. 11-10.19 Powder-Actuated Tools (CCR Title 8, Sections 1684-1692): Contractor shall only allow qualified persons with valid operator cards to use powder-actuated tools.
Powder-actuated tools shall be stored in a locked container that is accessible only to qualified persons who carry valid operator cards.
A warning sign, as required by CCR Title 8, Section 1691, shall be posted within 50 feet of the area where the tool is being used.
Powder-actuated tools shall be serviced and inspected for worn or damaged parts. Inspection records shall be provided to the City upon request.
Eye and face protection shall be worn at all times when any powder-actuated tool is in use.
11-10.20 Protecting the General Public (CCR Title 8, Sections 1597-1599, 1662, et al): Contractor shall take every precaution to prevent injury or property damages to the general public. The public includes any person not employed by the Contractor or subcontractors of any tier. Among the precautions to be taken, the following shall be observed:
A. Every step necessary shall be taken to protect and maintain work areas that interface with public sidewalks, building entrances, stairways and roadways. This protection shall be provided by the Contractor by installing and maintaining the appropriate barricades, fences, guardrails, overhead protection, or any other necessary form of protection.
B. Welding screens or other means shall be used when welding in a public area to protect the public from welding hazards.
C. Pedestrian or vehicle barriers shall be used around all open pits, manholes, or excavation openings when left unattended.
11-10.21
Signs & Barricades (CCR Title 8, Section 1513, 1541, 1590, 1597 -1599, 1736, 3340, et al):
When working in areas that present hazards to personnel or vehicles, Contractors shall place appropriate signs and barricades in accordance with appropriate CCR Title 8 requirements.
When signs or barricades are required, they shall be clearly visible at all times and shall be promptly removed or covered when the hazard no longer exists.
When barricades are used at night or in very dark work areas, a flashing beacon light shall be used in conjunction with the barricade.
11-10.22 Waste Disposal (CCR Title 22 Sections 60001- 60283, CCR Title 8, Sections 1513, 3368):
Contractor is responsible for all waste products that are produced as a result of the work being performed as part of the contract. As such, Contractor shall arrange for all debris, trash, rubble, and excavation spoils to be properly disposed of according to local, state and federal disposal regulations.
All hazardous materials, including hazardous wastes, brought on-site or generated by the contractor shall be removed by the contractor within 30 days after the completion of the project. Failure to do so will result in the City arranging for proper disposal and disposal costs will be deducted by the City from the contract amount.
Any hazardous wastes that are generated by the Contractor remain the property of the Contractor. As such, all hazardous wastes may not be stored longer than the allowable accumulation times, and shall be stored, labeled, handled, and disposed of according to CCR Title 22 regulations. This includes, but is not limited to:
A. Secondary containment.
B. Rain protection if stored outdoors.
C. Hazardous waste labels meeting California EPA labeling requirements.
D. Containers that are in good condition and kept closed when not in use.
11-10.23 Confined Space Entry (CCR Title 8, Sections 5156 & 5157): For the purpose of this contract, all Confined Spaces, as defined in California Code of Regulations (CCR) Title 8, Section 5157 Permit - Required Confined Spaces shall be entered by adhering to the provisions set forth in Section 5157 Permit- Required Confined Spaces. All work associated with inspection of existing sewers or rehabilitation of existing sanitary sewer manholes shall be considered as Permit-Required Confined Space as defined by CCR Title 8, Sections 5157 and should only be entered in accordance with a Permit System as described in CCR Title 8, Section 5157, with no reclassification allowed.
Attention is directed to CCR Title 8, Section 5157 (c) General Requirements (9)(A) Obtain any available information regarding permit space hazards and entry operations from the host employer(City); (B) Coordinate entry operations with the host employer(City), when both host employer personnel and contractor personnel will be working in or near permit spaces, as required by subsection (d)(11); and (C) Inform the host employer of the permit space program that the contractor will follow and of any hazards confronted or created in permit spaces, either through a debriefing or during the entry operation.
Contractor will be required to submit their Confined Space Entry and Rescue Plan, pursuant to Title 8 CCR Section 5157, for review and approval at least two weeks prior to any work where he will be required to enter existing sewers or manholes. The City will have the Contractor’s Confined Space Entry and Rescue Plan reviewed by a City-provided third party on-site safety consultant, certified to the California State Fire Marshall’s 40-Hour Rescue Technician Level or higher for adequacy. The Contractor will be required to correct any deficiencies noted during this review prior to commencing work.
The Contractor will be required to provide, as part of their Confined Space Entry and Rescue Plan, evidence that their on-site confined space entry rescue team have received entry rescue training in accordance with CCR Title 5157 within the prior six months.
The Contractor shall supply all confined space entry and rescue equipment. Only trained personnel are permitted to enter confined spaces and to use confined space equipment.
Whenever Contractor and City personnel are working simultaneously in a permit space, the activities will be coordinated prior to entry so that employees of one employer do not endanger the employees of any other employer. Coordination of entry procedures must include procedures for emergency evacuation.
The Contractor shall immediately inform the Engineer of any previously unidentified hazards confronted or created during confined space entry.
11-20.01 Non-Compliance (CCR Title 8, Section 3203 & 1509):
If the City’s designated representatives
becomes aware of non-compliance with these general contractor safety provisions the City or its designee will:
A. Notify the Contractor that the unsafe condition must be corrected or the work in question will be stopped until the condition is corrected to the satisfaction of the City. This notice, when delivered to the contractor or the contractor's representative at the job site, shall be deemed sufficient notice of the non-compliance to immediately implement corrective action.
B. Exercise the right to issue a suspend work order suspending all or part of the work if the Contractor fails or refuses to take corrective action within the time specified in the notice. The order shall remain in effect until satisfactory corrective action has been taken.
No extension of time or additional compensation will be granted as a result of any corrective or stop order.
Willful or repeated non-compliance may result in an employee or contractor being removed for failing to perform work properly in accordance with the contract safety specifications.
A corrective order or any other action taken by the City does not relieve the Contractor of its obligations, under any applicable law, to provide a safe workplace and to comply with safety regulations.
11-20.02 Shoring and Bracing ( CCR Title 8, Section s 341, 1539-1547, et al): In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit a detailed Shoring and Bracing Plan, or other provisions to be made for worker protection from hazard of caving ground or existing manhole structure during any work in which shoring in required. If such plans vary from the shoring system standards set forth in the Construction Safety Orders of the Division of Industrial Safety in Title 8, California Code of Regulations, the plans shall be prepared and signed by a currently registered civil or structural engineer in the State of California employed by the Contractor, and all costs therefore s hall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents. Shoring and Bracing Plan shall be submitted for review and approval at least two weeks prior to any work in which shoring is required.
For any work conducted by workers, Contractor shall:
A. Obtain a permit from Cal/OSHA before starting work.
B. Ensure that each employee conducting work , is protected from cave- ins, failure of protective systems, hazardous atmospheres, vehicular traffic, falli ng loads, and any other hazardous conditions.
If there is a potential atmospheric hazard such as oxygen deficiency or toxic gases, the atmospheres in the excavation shall be tested before employees enter any excavation depth greater than four (4) feet.
Contractor shall have a competent person on-site who will make daily inspections of excavations, adjacent areas, and protective systems. The competent person will be responsible for ensuring that the protective system is based upon soil classifications, an d that it provides the required protection in accordance with CCR, Title 8, Section 1541.1.
Sloping or benching for excavations shall not be allowed.
Required shoring/bracing system shall not effect and/or reduce required dimensions and clearances, as specified herein. The Contractor may install a shoring/bracing system that becomes either partially or entirely embedded within or adjacent to the proposed wall prism subject to the following limitations:
A. Shoring/bracing system shall not impair the strength of construction.
B. Shoring/bracing system to be embedded in concrete shall not be exposed to rusting or deterioration from exposure to hydrogen sulfide gas. Maintain minimum concrete cover as noted on drawings.
C. Shoring/bracing system to be embedded in concrete shall not be constructed of aluminum or other materials that would cause electrolytic action with concrete or cause adverse effects to the material required for doing manhole retrofit work.
D. Shoring/bracing system shall be fabricated and installed such that cutting, bending, or displacement of reinforcement from its proper location will not be required.
11-21.01 Payment: Full compensation for conforming to the safety rules and requirements as specified in these Special Provisions shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
12 TEMPORARY TRAFFIC CONTROL
12-1.01 General: Construction area traffic control devices shall be installed and maintained in accordance with the applicable sections of these Special Provisions, the Standard Specifications, the current edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD), the Project Plans, and as directed by the Engineer.
12-1.02 Flagging Costs: The first paragraph of Section 12-1.03, "Flagging Cost" is amended to read: The cost of furnishing all flaggers, including transporting flaggers, to provide for passage of public traffic through the work under the provisions in Section 7-1.03, "Public Convenience", and Section 7-1.04, "Public Safety", shall be considered as included in the contract lump sum price paid for traffic control and no additional allowance will be made therefor.
12-3 Traffic-Handling Equipment and Devices
12-3.01A (3) Submittals: Prior to commencing construction which will affect existing vehicular and pedestrian traffic, the contractor shall submit for review by the Engineer, Traffic Control Plans on 11" x 17" sheets of paper which contains only information specifically related to each work zone’s vehicular and pedestrian traffic control. Traffic control plans shall be stamped by a registered engineer in California licensed to perform such work. If the Contractor proposes to use the current edition of CAMUTCD in specific work operations, they shall submit in writing for consideration which Typical Application Diagram will be used and how it will be applied for each work operation. Traffic Control Plans shall be submitted to the County of Sonoma Permits for review at least two weeks prior to desired implementation.
Traffic Control Plans shall contain a title block which contains the contractor's name, address, phone number, project superintendent's name, contract name, dates and hours traffic control will be in effect, and a space for review acknowledgment.
Traffic Control Plans shall include, but is not limited to, the following:
1. Show location and limits of the work zone.
2. Give dimensions of lanes affected by traffic control that will be open to traffic.
3. Indicate signing, cone placement, and other methods of delineation and reference to appropriate CAMUTCD typical application, City Standard or Caltrans Standard as applicable.
4. Dimension location of signs and cone tapers.
5. Identify side streets and driveways affected by construction and show how they will be handled.
6. Demonstrate how two-way traffic will be maintained.
7. Location of major equipment such as boilers and liner transportation trailers or on-site wet out facilities as required.
8. Show how pedestrian traffic will be handled through the construction site. Pedestrian pathways through the work zone shall be in compliance with the requirements of ADA during and after work hours.
9. A minimum of 2 changeable message boards shall be required. Location to be determined by Engineer.
10. All Traffic Control Plans shall be prepared, sealed, and signed by a Professional Engineer registered in the State of California.
11. An Arrow Board is required for any lane shift or merge and shall not impede into any travel lanes.
12. Type III barricades required anywhere there is a lane closure.
13. 48” delineators arranged side by side are required where lanes are shifted and vehicles are detoured to the opposing direction of the street.
No work except for installation of project identification signs and changeable message boards, as required, will be allowed to commence prior to approval of the Work Zone Traffic Control Plan.
12-3.01C Construction: Exact locations of Project Identification signs and Advance Notice signs (Section 7-1.08 "Maintaining Traffic") shall be determined in the field by the Engineer.
Portable changeable message boards will be required for this project and shall not impede into any travel lanes. Message boards shall state “ROAD WORK FROM START DATE TO END DATE”. Message boards shall be installed at the locations directed by the Engineer two weeks prior to any construction activity and removed immediately after construction activity.
Lane closures will be permitted between the hours of 8:30 a.m. and 4:00 p.m. only except as identified below. N o lanes shall be closed at any other hours unless specifically approved by the Engineer. The Contractor shall maintain vehicle access to homes and other properties at all times while work is in progress.
The Contractor will be required to maintain vehicle access to homes and other properties within the block where work is in progress.
The Contractor shall keep the City of Santa Rosa Fire Department informed regarding the closure of any traveled way. At a minimum, the Contractor shall call the Fire Department at 707- 543-3535 and the Communications Center at 707-543-3666 daily to report any traveled way closure. This means immediately upon closure for that day and again immediately after removal of the closure. For closures over multiple days, the daily notification still applies. This requirement does not apply for single lane closures on multiple lane streets.
The Contractor shall notify Santa Rosa City Bus at (707) 543-3922, the local Postal Service at (707) 526- 0113 and Santa Rosa Recycling and Collection at (707) 586-8234 5 calendar days prior to any lane closures or restrictions in turning movements.
If the Contractor has been given an approved Traffic Control Plan that includes road closures, they will be required to maintain vehicular access to homes and other properties where work is in progress within the closure area.
Seventy-two (72) hours prior to construction, the Contractor shall place a notice on each front door, and attempt to notify each owner or tenant verbally that work will be underway within their block between stated hours, and request that cars be parked out of the roadway by 8:00 a.m. Service of notice shall not bar use of cars within the block; however, as individual plans change, and emergencies may arise.
Streets intersecting or crossing roadways in which work occurs will require maintenance of at least one- half (½) width of each street for traffic purposes, unless a parallel route is approved by the Engineer.
Flagging will only be allowed between the hours of 8:30 a.m. and 4:00 p.m.
Barricades and flaggers shall be positioned to allow safe turns at intersections.
In parking lot areas, the contractor shall maintain vehicular access to throughways and gates.
Contractor staging is allowed as indicated on the Project Plans. The Contractor shall not be allowed to stage equipment or materials within the public right-of-way and/or in areas where traffic flow may be impacted.
Existing pavement damaged by the Contractor's operations and not shown to be replaced shall be replaced at the Contractor’s expense, per City Standards and to the satisfaction of the Engineer.
12-3.01D Payment: Traffic Control shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in vehicle and pedestrian traffic control, including temporary relocation of regulatory signs; changeable message boards; flaggers; lane shifts (including across existing medians) as specified herein, and no additional allowance will be made therefor.
12-4.01 Maintaining Traffic:
1. When construction operations are not actively in progress, the full width of the traveled way shall be fully open for use by public traffic, unless otherwise authorized by the Engineer in writing.
2. The location of traffic control signing, barricades, and other facilities shall be monitored frequently (four to five times per day) by the Contractor to verify their proper location. All traffic signal and other traffic control devices shall be maintained at all times.
3. The Contractor shall conduct their operations so as to cause the minimum obstruction and inconvenience to traffic and to places of business, multiple dwelling units and residences adjacent to the work. The Contractor shall notify the Engineer of their planned work and utility service interruption at least five working days in advance to allow time to notify residents and businesses.
4. Unless otherwise authorized by the Engineer, full access shall be provided to all driveways.
5. At locations where traffic is routed perpendicular to trench excavation, the excavation shall be conducted in a manner to provide a surface reasonably satisfactory for traffic at all times.
Substructure installation or construction shall be conducted on only one-half the width of the roadway at a time, and that portion of the roadway being used by traffic shall be kept open and unobstructed until the opposite side of the roadway is ready for use.
12-7 Temporary Pedestrian Walkways
12-7.01 General: The Contractor is directed to Chapter 6D, Pedestrian and Worker Safety, in the CAMUTCD, the Project Plans, and these Special Provisions.
Pedestrians shall be provided with a safe, convenient and accessible path that, at a minimum, replicates the most desirable characteristics of the existing sidewalk, path or footpath. At no point along the road shall the sidewalks on both sides of the road be closed at the same time. Temporary ramps must have a non-slip surface.
The Contractor shall construct and maintain temporary pedestrian pathways through the work zone, where required, that shall be in compliance with the requirements of the Americans with Disabilities Act (ADA), the CAMUTCD.
Contractor shall maintain ADA pedestrian access at crosswalks through the work zone.
Pedestrian routes shall not be impacted for the purposes of any non-construction activities such as parking of vehicles or equipment, or stock piling of materials.
Pedestrian routes shall be open and accessible at the end of the work day unless an alternate ADA compliant route has been approved by the Engineer. The construction of curb ramps and/or long sections of sidewalk do not alleviate the Contractor from this requirement.
Pedestrians shall not be led into conflicts with work site vehicles, equipment or operations.
Curb Ramps, or other interim facilities, shall be installed in a sequence such that pedestrians shall have access to one side of each street at all times.
12-7.04 Payment: Full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in accommodating pedestrian access and pedestrian traffic control is considered as included in the prices paid for Traffic Control, and no additional allowance will be made therefor.
[Revised: 05/03/14RS-DCM]
13 WATER POLLUTION PREVENTION
Section 13-1.01A: Water Pollution Control shall be performed in accordance with Section 13, Water Pollution Control, of the Standard Specifications and these technical specifications. In addition, construction activities shall comply with:
The current California Water Quality Control Board, North Coast Region Order No. National Pollutant Discharge Elimination System Municipal Storm Water Permit, commonly referred to as the “ Storm Water Permit”. A copy of the Storm Water Permit is available for review at the City of Santa Rosa Transportation and Public Works Department, 69 Stony Circle, Santa Rosa, CA, and at www.srcity.org/stormwaterpermit.
The California Stormwater Quality Association Storm Water BMP Handbook for Construction (CASQA Handbook). BMPs shall be selected, installed and maintained in accordance with the latest edition. A copy of the handbook can be viewed at the City of Santa Rosa Department of Transportation and Public Works office at 69 Stony Circle or downloaded from CASQA,
http://www.casqa.org/.
In this technical specification the CASQA Handbook BMP numbers are appended to the associated Standard Specification sections. If a conflict occurs the CASQA Handbook BMP’s shall govern.
In addition to the published requirements of BMP WM-9, temporary sanitation facilities shall have secondary containment. Contractor shall protect all storm drain inlets from non-storm water discharges with an approved inlet protection method accepted by the City. Sand/gravel bags and filter fabric or other approved sediment capture devices shall be placed in gutters adjacent to inlets to capture sediment before entering inlets. All sediment and debris accumulated behind sand/gravel bags or inlet protection devices shall be removed prior to rain events. Inlet protection or sediment capture devices that may contribute to flooding shall be removed prior to rain to prevent flooding and replaced before resuming work.
Section 13-2.01B Submittals: The program to control water pollution required to be submitted under this section of the standard specifications shall include a spill contingency p lan that establishes clean -up procedures that will be followed in the event of a spill of potentially hazardous, toxic, or polluting materials.
13-3.01A Summary: This project is exempt from the State Water Resources Control Board General NPDES Permit for the Discharge of Storm Water related to Construction Activities (Construction General Permit), and not required to have a Storm Water Pollution Prevention Plan (SWPPP), therefore Section 13-3, Storm Water Pollution Prevention Plan, of the Standard Specifications does not apply to this project.
13-4.03B: Spill Prevention and Control/CASQA Spill Prevention and Control (BMP WM-4): If a spill occurs at the construction site and the contractor does not take immediate and adequate steps to contain and clean up the spill, especially if rain is threatening or if a discharge to a storm drain or creek could occur, the City shall have the right, in its sole and absolute discretion, to clean up the spill using City forces or an independent contractor. The cost of any such cleanup, in addition to recovery of any penalty of fine imposed upon the City, plus an administrative charge of fifteen percent (15%) of the costs incurred by the City, shall be deducted from any amounts owed to Contractor hereunder.
In the event there are insufficient amounts owed to Contractor hereunder to cover the foregoing costs and charges, the City shall have the right to pursue any other remedy to re cover same, including but not limited to, proceeding against any surety or bond in favor of the City. The City’s rights under this section are intended to be in addition to and not in lieu of any imposed by the City against Contractor for violations of City Code Chapter 17-12, “Storm Water”.
13-4.03C(3): Stockpile Management/CASQA Stockpile Management (BMP WM-3): Do not block storm water flows.
13-4.03D(1): Waste Management/CASQA Solid Waste Management (BMP WM-5): The Contractor shall dispose of all trash, rubbish, and waste materials of any kind generated by the contractor, subcontractor, or any company hired by the Contractor on a daily basis.
13-4.03D(3): Concrete Waste/CASQA Concrete Waste Management (BMP WM -8): Ensure the containment of concrete washout areas and other washout areas that may contain pollutants so there is no discharge into the underlying soil and onto the surrounding areas.
13-4.03D(4): Sanitary and Septic Waste/CASQA Sanitary and Septic Waste Management (BMP WM-9): Sanitation facilities must be maintained periodically by a licensed service to keep them in good working order and prevent overflows. Portable toilets are required to have secondary containment.
13-4.03D(5): Liquid Waste: Liquid waste includes water generated from excavation dewatering. Minimize transfer piping by locating containers near the excavation to be dewatered while protecting the containers from moving vehicles and equipment.
13-4.03E(7): Paving, Sealing, Sawcutting, Grooving, and Grinding Activities: As listed in Part 9, sections 4 and 5 of the Storm Water Permit, the following additional BMPs shall be implemented for street paving, repaving, reconstruction, patching, digouts or resurfacing.
1. Restrict paving and repaving activity to exclude periods of rainfall or predicted rainfall unless required by emergency conditions;
2. Install BMPs at all susceptible storm drain inlets and manholes to prevent paving products and tack coat from entering;
3. Prevent the discharge of release agents including soybean oil, other oils, or diesel to the storm water drainage system or watercourses;
4. Minimize non -storm water runoff from water use for the roller and for evaporative cooling of the asphalt;
5. Clean equipment over absorbent pads, drip pans, plastic sheeting or other material to capture all spillage and dispose of properly
6. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled, or disposed of properly 13-4.03D(5);
7. Collect solid waste by shoveling and vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled, or disposed of properly 13-4.03D(5);
8. Cover “cold-mix” asphalt (i.e., pre-mixed aggregate and asphalt binder) with protective sheeting during a rainstorm 13-4.03C(3);
9. Cover loads with tarp before haul-off to a storage site, ensuring that trucks are not overloaded;
10. Minimize airborne dust by using water spray during grinding 14-9.03;
11. Protect stockpiles with a cover or sediment barriers during a rain event and;
12. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grindings materials or rubble in or near storm water drainage system or watercourses 13-4.03C(1),
13-4.04 Payment: Full compensation for furnishing all labor, materials, tools and equipment, and doing all work for conforming to Section 13 shall be considered as included in the prices paid for the various contract items of work, and no additional allowance will be made therefor.
SECTION 14 ENVIRONMENTAL STEWARDSHIP
14-1.03.2 Temporary Silt Fence: Where deemed necessary by the Engineer, temporary silt fence shall be prefabricated or constructed with silt fence fabric, posts, and fasteners.
Silt fence fabric shall be geotextile manufactured from woven polypropylene or polymer material. Silt Fence Fabric may be virgin or recycled, or a combination of virgin and recycled polymer materials. No virgin or recycled polymer materials shall contain biodegradable filler materials that can degrade the physical or chemical characteristics of the finished fabric. The Engineer may order tests to confirm the absence of biodegradable filler materials in conformance to the requirements in ASTM Designation: E 204 (Fourier Transformed Infrared Spectroscopy-FTIR).
Silt fence fabric shall conform to the following requirements:
Specification Requirements
Width, inches, min. 36
Grab tensile strength (one-inch grip), pounds, min. in each direction ASTM Designation: D 4632*
124
Elongation, percent minimum in each direction
ASTM Designation: D 4632*
15 Permittivity, 1/sec., min.
ASTM Designation: D 4491
0.05 Flow rate, gallons per minute per square foot, min.
ASTM Designation: D 4491
10 Ultraviolet stability, percent tensile strength retained after 500 hours, min.
ASTM Designation: D 4355 (xenon-arc lamp and water spray weathering method)
70 * or appropriate test method for specific polymer
Posts for temporary silt fence shall be steel and have a "U," "T," "L," or other cross-sectional shape that can resist failure from lateral loads. The steel posts shall have a minimum weight of 0.8-pound per foot and a minimum length of 4 feet. One end of the steel posts shall be pointed, and the other end shall be capped with an orange or red plastic safety cap which fits snugly to the steel post. The Contractor shall submit to the Engineer for approval a sample of the capped steel post before installation.
Fasteners for attaching silt fence fabric to posts shall be as follows:
A. When prefabricated silt fence is used, posts shall be inserted into sewn pockets.
B. Silt fence fabric shall be attached to wooden posts with nails or staples as recommended by the manufacturer or supplier. Tie wire or locking plastic fasteners shall be used to fasten the silt fence fabric to steel posts. Maximum spacing of fasteners shall be eight inches along the length of the steel post.
Temporary silt fence shall be repaired or replaced at the expense of the Contractor on the same day when the damage occurs.
When no longer required as determined by the Engineer, temporary silt fence shall become the property of the Contractor and be removed and disposed of off-site in conformance with all City, County, and State regulations. Trimming the silt fence fabric and leaving it in place will not be allowed.
Ground disturbance, including holes and depressions, caused by the installation and removal of temporary silt fence shall be backfilled and repaired in conformance with the provisions in Section 5-1.36, "Property and Facility Preservation," of the Standard Specifications.
14-9.03A General: Sweeping per section 14-9.03C shall also be performed to prevent and alleviate dust.
Sweeping, covering stockpiles, applying water, and/or dust palliative, to control dust caused by public traffic is not change order work.
14-9.03C Construction: All dust -producing work and unpaved construction sites shall require a minimum watering in the middle and ending of each workday. The frequency of watering shall increase if dust is airborne. Watering shall not produce runoff.
Contractor shall maintain dust control to the satisfaction of the Engineer, 7 days a week, 24 hours per day.
At the end of each work day the Contractor shall thoroughly sweep all streets in the work zone to minimize airborne dust.
At the end of each work week the Contractor shall sweep all streets in the work zone with a commercial street sweeping truck equipped with a rear pick up broom.
At the Engineer’s discretion additional sweeping or watering may be required, including the use of a commercial street sweeping truck equipped with a rear pick up broom, at any time or place.
14-10.01 General: The Contractor shall dispose of all Portland cement concrete and asphalt concrete, generated from removal or demolition activities on the project, at a recycler for these materials. The Contractor shall provide receipts verifying delivery and approximate quantity (in tons) of the material delivered to a material recycler.
All other excess materials from the project shall become the property of the Contractor and shall be disposed of at no additional cost to the City.
14-10.02A (1) Submittals: Submit a Solid Waste Disposal and Recycling Report prior to final acceptance of work performed under the Contract. Show the types and amounts of project- generated solid waste taken to or diverted from landfills or reused on the project.
14-13.1 Construction Storage Areas: Storage of construction equipment and materials shall be limited to the designated Contractor's staging area as shown on the plans.
The following conditions shall apply to Contractor’s use of the staging area located at City of Santa Rosa Corporation Yard:
Define amount of equipment and material to be staged, before receiving approval.
No leaking equipment at the staging area or anywhere else on the project.
No debris stockpiling allowed at the staging area.
The City shall not be held responsible or liable for any material damage, equipment damage or personnel injury with in the City Corporation Yard.
Housekeeping must be strictly adhered to, if not, permission to use the facilities may be revoked at any time.
Area shall be commercially swept and power washed at completion of project, and asphalt shall be restored per Section 37.
Store and service equipment at the designated Contractor's storage area where oil wastes shall be collected in containers. Oil wastes shall not be allowed to flow onto the ground or into surface waters.
Containers shall be required at the construction site for the disposal of materials such as paint, paint thinner, solvents, motor oil, fuels, resins and other environmentally deleterious substances.
No dumping of surplus concrete or grout on the site shall be permitted.
Provide adequate secondary containment for all hazardous materials. All hazardous waste should be stored, transported, and disposed as required in Title 22 CCR, Division 4.5 and 49 CFR 261- 263 .
14-13.1D Payment: Full compensation for furnishing all labor, materials, tools and equipment, and doing all work for conforming to Section 14 shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed.
[Revised: 11/20/14 Lab]
15 EXISTING FACILITIES
15-1.03A General: Existing facilities disturbed by construction shall conform to the applicable provisions of Section 5-1.36. All existing active utilities found to reside in excavated areas shall be supported in place with service maintained during construction. The Contractor shall be responsible for any damage caused by their operations and any needed repairs shall be completed to the Engineer’s satisfaction.
E
xisting storm drains found to reside in excavated areas shall be supported, removed, or replaced at the Contractor's option and at no additional cost to the City. The Contractor shall be responsible for maintaining the existing line and grade of the storm drains. If the Contractor elects to remove and replace, it shall be done per applicable City Standards and Specifications.
Existing utility trenches and/or structures that are in close proximity to proposed trenches shall be safeguarded in an appropriate manner from damage.
15-1.04 Payment: Full compensation for supporting, removal and disposal of existing utilities and their appurtenances is considered as included in the contract prices paid for various contract items of work and no additional allowance will be made therefor.
15-2 .02C Traffic Stripes and Pavement Markings: All traffic stripes, pavement markings or any other traffic markings shall be removed by the Contractor to the satisfaction of the Engineer and in accordance with Sections 84 of the Standards, and the Project Plans.
15-2 .02D Pavement Markers: All raised pavement markers shall be removed by the Contractor to the satisfaction of the Engineer and in accordance with Sections 85 of the Standard Specifications, City Standards, and the Project Plans.
15-2
.10B Adjust Frames, Covers, Grates, and Manholes: Existing manhole frames and covers, valve boxes, mainline cleanouts and monuments that are disturbed as part of this Project shall be adjusted after paving to conform to new finish grade.
Th
e Contractor shall accurately locate and record the location of existing and new manholes, valve boxes, mainline cleanouts, and monuments to be adjusted to grade and shall furnish the Engineer a copy of said record prior to starting construction.
All facilities on active systems shall be accessible at all times to City personnel unless otherwise stated in these Special Provisions or approved by the Engineer.
After placement of the finish course of asphalt concrete the Contractor shall mark all overlaid manholes, valve boxes, mainline cleanouts and monuments, whether new or existing, with white paint by the end of that working day.
All new and existing manholes, valve boxes, mainline cleanouts and monuments shall be adjusted to grade within 48 hours after placement of the finish course of asphalt concrete.
Final grade adjustments and installation of concrete collars shall be done on the same working day. Final paving around manholes, valve boxes, mainline cleanouts and monuments shall be completed the following working day.
All silt and debris shall be removed from finished structures. This shall include all existing silt and debris plus material caused by the Contractor's operation.
Prior to removal of an existing manhole frame, a platform shall be constructed in the manhole above the top of the sewer to prevent any dirt or debris from falling into the sewer. The platform shall remain in place until all work on the manhole has been completed and the asphalt concrete has been placed around the manhole. Prior to the removal of the platform from the manhole, all dirt and debris shall be removed.
All grade rings shall be set in cement mortar the same day they are placed. All joints shall be smoothly plastered inside and out.
Existing grade rings removed in the adjustment of manhole frames shall become the property of the Contractor and if undamaged and thoroughly cleaned of mortar may be reused in the work. If not so used, they shall be disposed of away from the site of work at the expense of the Contractor.
Manhole frames shall be reinstalled to align directly over the grade rings. Any frames misaligned by more than ½ inch shall be removed and reinstalled.
15-2.13 Payment: Full compensation for adjusting manholes to grade is considered as included in the contract prices paid for various contract items of work and no additional allowance will be made therefor.
15-3.03 Construction: All removed concrete shall become the property of the Contractor and shall be immediately off hauled. None of the removed concrete shall be dumped or stockpiled on the work site. The Contractor shall dispose of all removed concrete at a recycler for this material. Burying of broken concrete within the limits of the project will not be allowed.
All concrete which is to be removed from sidewalk, curb, gutter and driveway areas shall be removed to the nearest score mark or construction joint as directed by the Engineer unless otherwise noted on Project Plans. The edge of existing concrete to remain shall be neat and free of defects. Saw cutting may be required to achieve this.
Reinforcing steel may be encountered in portions of concrete to be removed and no additional allowance will be made for the removal of such steel.
Irrigation facilities may be encountered during concrete removal and replacement. The Contractor shall exercise care in this area and repair any damage done by their operations at no additional cost to the City.
Landscaping and other surfaces or structures shall be restored to original condition at no additional cost to the City.
15-3.04 Payment: Payment for saw cutting, removal and disposal of concrete sidewalk, curb and gutter, driveway areas, and existing City monuments shall be included in the contract prices paid for various contract items of work and no additional allowance will be made therefor.
Full compensation for repair of existing irrigation facilities damaged during any phase of the work shall be included in the prices paid for various contract items of work and no additional allowance will be made therefor.
15-7 Utility Clearances: All items noted in this Section shall take place prior to any other construction activities.
Potholing was not performed during design. No pothole information is provided on the Project Plans.
Schematic line work for existing utilities shall be for reference use only and shall not be considered as accurate information for any other areas within the project limits.
Contractor shall investigate, confirm and/or determine the exact locations of existing utilities (including both invert and crown elevations), and verify clearances between existing and proposed utilities at crossings, excavations and/or known potential conflicts. The Contractor shall determine both invert and crown elevations and alignments of existing utilities at connection points.
The Contractor shall determine elevations and alignments of existing sewer laterals, at the back of sidewalk, if a new proposed sewer main is at a higher elevation than the existing sewer main.
The Contractor shall provide all relevant information in writing to the Engineer immediately upon discovery of any conflict. Any delay in notification to the Engineer may delay direction and/or corrective action and a delay claim due to this reason shall not be considered by the City. The Contractor shall not proceed with any work that is in conflict until direction is provided by the Engineer and shall redirect crews to other contract work. All the information required to be obtained per this Section and any other information not noted but relative to the project shall be provided to the Engineer on a set of Plans when the investigative effort is complete.
15-7.01 Payment: Potholing shall be paid for at the contract unit price of lump sum, which price shall not exceed 5% of the contract amount for each phase and shall include full compensation for furnishing all labor, materials, tools and equipment, testing and measuring, excavation, backfill per City or County standards (whichever is more stringent), and doing all the work involved in potholing existing utility locations with vacuum excavation to verify utility clearances per City standards, and any other items necessary not specifically enumerated in the Standard Specifications and Special Provisions, and no additional allowance will be made therefor.
15-7 Tree Root Pruning: All tree roots two inches and greater which are encountered during excavation must be pruned by hand. The root shall be cut cleanly with a saw to avoid splits. When digging within the drip line of trees, Contractor shall exercise extreme caution to avoid pulling on roots with excavation equipment. Hand dig around all roots greater than one inch in diameter. The Contractor shall notify the Engineer when encountering roots within the drip line of trees which are greater than one inch. If the Engineer elects to get direction from an arborist the Contractor shall redirect crews to other contract work after safeguarding the area at no additional cost to the City.
15-8.01 Payment: Full compensation for removing and pruning tree roots, hand digging to avoid root damaging roots, and excavating cautiously with respect to tree roots is considered as included in the prices paid for various contract items of work and no additional allowance will be made therefor.
19 EARTHWORK
19-1.01 General:
1. Non-contaminated site: See section 19-2.03B, Surplus Material, of these Technical Specifications.
19-1.01A Summary: Excavation of existing manhole cones as necessary for construction.
19-1.03B Unsuitable Material: Stabilization of unsuitable material shall comply with the following provisions:
A. Unsuitable material may be processed in place, may be excavated and placed on the grade or other locations suitable for further processing, or may be partially excavated and partially processed in place.
B. Processing may consist of drying to provide a stable replacement material or mixing with lime per Section 24.
C. Stabilized material shall be placed and compacted in layers as hereinafter specified for constructing embankments.
19-1.03B (1) Subgrade stabilization: Any area of the subgrade determined by the Engineer to be unsuitable shall be stabilized per 19-1.03B.
For roadway reconstruction per section 19-2.03A of these Technical Specifications where processing of unsuitable subgrade material is not allowed, the areas to be stabilized will be marked in the field by the Engineer after roadway excavation of the area is complete. Use of a pavement grinder shall be considered an acceptable method of excavation of areas requiring subgrade stabilization. 19-1.03C Grade Tolerance: When aggregate subbase or aggregate base are to be placed on the grading plane, the grading plane shall not vary more than 0.05’ above or 0.1’ below the grade established by the Engineer.
19-1. 04 Payment: Full compensation for Subgrade Stabilization is considered as included in the prices paid for various contract items of work and no additional allowance will be made therefor.
19-2 Roadway Excavation
19-2.03A General: The Engineer shall provide reference points and cut sheets for the excavation of the roadway. The Contractor shall furnish an excavation and paving plan and a qualified grade setter to ensure that the subgrade conforms to the lines and grades established by the Engineer.
For roadway reconstruction including trench paving, Roadway Excavation shall be performed with a pavement grinder. No other construction equipment including rubber-tired equipment shall be allowed on the subgrade.
The Contractor shall note that there are street trees near areas intended for roadway excavation. The Contractor's operation, including the size of the grinding equipment, shall be such, so as to ensure that existing street trees are not damaged. Where limited clearance under the street trees prevents the use of a grinder, excavation shall be performed by an alternate method as approved by the Engineer. Alternate methods may include jack hammering and removal of existing pavement and base materials by hand, or by use of smaller grinding equipment.
Where tree roots are encountered during roadway excavation, the Contractor shall cut the roots off six inches below the planned subgrade. Each cut shall be clean with no torn bark or splintered wood remaining on the root and shall be accomplished by use of a saw appropriate for the size of the root to be cut.
19-2.03B Surplus Material: All material excavated from the project area that exhibits no signs of contamination shall be the property of the Contractor. Any material excavated from the project area that exhibit signs of contamination (including, but not limited to staining and/or odor) shall be considered property of the City and shall only be disposed of at the direction of the City. Under such conditions, costs beyond normal disposal costs for uncontaminated material will be paid on a force account basis. Prior to disposal of any e xcess material from the work site, the Contractor shall submit to the Engineer written authorization for such disposal and entry permission signed by the approved disposal site. Contractor shall comply with all disposal regulations such as City, County, and/or State permits and license, as may be required.
19-2.04 Payment: Full compensation for Roadway Excavation is considered as included in the prices paid for various contract items of work and no additional allowance will be made therefor. 19-5 Compaction
19-5.03B Relative Compaction (95 percent): Relative compaction of not less than 95 percent shall be obtained for a minimum depth of 0.5-foot below the grading plane for the full width of the planned pavement structural section, whether in excavation or embankment.
Relative compaction of not less than 95 percent shall be obtained for embankment under bridge and retaining wall footings without pile foundations within the limits established by inclined planes sloping
1.5:1 out and down from lines one foot outside the bottom edges of the footing.
19-8 Subgrade Enhancement Geotextile
19-8.02 Materials: Soil stabilization fabric shall be installed per manufacturer's recommendations and shall meet or exceed the following specifications:
Grab Tensile Strength (ASTM D4632) 290 lb.
Mullin Burst Strength (ASTM D3786) 500 psi
Trapezoid Tearing Strength (ASTM D4533) 113 lb.
Modulus (Load at 10% Elongation) (ASTM D4632) 120 lb.
Apparent Opening Size (ASTM D4751) 40-70
sieve
Permittivity (ASTM D4491) 0.05 sec-1
Soil stabilization fabric shall be Mirafi 600-X, GeoTex 315ST, Carthage Mills FX-66, TerraTex HD, or approved equivalent.
The soil stabilization fabric shall be held in place with wooden stakes driven through the fabric into the subgrade at the beginning and the end of the fabric and at 50-foot intervals. A minimum of three stakes shall be placed across the width of the fabric roll at each interval. The stakes shall be a minimum length of 8 inches and shall be driven at an angle opposite to the direction of pull exerted on the fabric
by the paving machine.
19-8.04 Payment: Full compensation for Stabilization Fabric is considered as included in the prices paid for various contract items of work and no additional allowance will be made therefor.
[Version: 05/18/15 DCM STD2010
26 AGGREGATE BASE
26-1.01 General
26-1.01A Summary: Aggregate base shall be Class 2 conforming to and placed in accordance with the requirements of Section 26 of the City Specifications.
Compacting shall commence immediately after spreading of the damp material and before the material has dried sufficiently to allow separation between the fine and coarse particles.
26-1.02 Materials
26-1.02B Class 2 Aggregate Base: The minimum sand equivalent shall be 31 for any individual test.
26-1.03 Construction
26-1.03E Compacting: The surface of the finished aggregate base shall be firm and unyielding. Any visible movement vertically or horizontally of the aggregate base under the action of construction equipment or other maximum legal axle loads shall be considered as evidence that the aggregate base does not meet this requirement.
26-1.04 Payment: Full compensation for aggregate base shall be considered as included in the prices paid for various contract items of work and shall include all compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in furnishing and placing the base material as specified, including furnishing, hauling and applying water as specified and directed by the Engineer, and no additional allowance will be made therefor.
39 HOT MIX ASPHALT
39-1.01 General
39-1.01A Summary: Section 39 includes specific specifications for producing and placing Hot Mix Asphalt (HMA) by mixing aggregate and asphalt binder at a mixing plant and spreading and compacting the HMA mixture.
39-1.01B Definitions: For these specifications, HMA and asphalt concrete shall be the same.
At the Contractor’s option, and at no additional expense to the City, a Cal -trans approved Warm Mix Asphalt (WMA) technology may be added to the HMA. However, the asphalt concrete shall be manufactured at HMA temperatures (300F +/ - 25F) at a dosage rate approved by the Engineer. All other HMA project specifications shall be adhered to.
Use Section 3 9-3 Method construction process of these specifications for HMA production and construction.
39-1.01C Description: Asphalt concrete shall be placed in separate lifts as shown on the Project Plans.
Roadway excavation and asphalt concrete base paving shall be completed for half the street width before beginning excavation of the remaining street.
Asphalt concrete surface shall be placed no more than 5 days after the placement of the asphalt concrete base.
All existing asphalt concrete that is adhered to the top of gutters shall be removed prior to placement of new asphalt concrete surface in a manner satisfactory to the Engineer and that does not damage the gutter.
Asphalt concrete base shall be placed on the same day the area is excavated so that all areas will either have existing asphalt surface or new asphalt concrete base by the end of each working day. No subgrade areas shall be exposed or open to traffic during non-working hours.
Asphalt concrete base paving shall be accomplished by use of a paving machine. The asphalt mix shall be transferred from the trucks to the hopper of the paving machine by means of a shoulder machine equipped with a side caster. Any equipment used to transfer asphalt concrete to the paving machine shall not exceed the load capacity of any surface it is driven over and shall not produce rutting or pumping of the existing roadway surface or newly placed asphalt concrete base at any time.
Construction vehicles/equipment shall not be allowed on the newly placed asphalt concrete base until the day after it is placed. Super Dumps or other trucks with liftable trailing load bearing axles shall not be allowed on the newly placed asphalt concrete base at any time. All trucks or other construction equipment to be driven on the newly placed asphalt concrete base shall not exceed the surface load bearing capacity and shall not produce rutting or pumping at any time.
All longitudinal surface paving joints shall fall on a lane line. Longitudinal Subsurface paving joints shall be offset by at least 6 inches.
No longitudinal vertical drop offs will be allowed between the lanes when the roadway is opened to traffic.
Where a longitudinal vertical drop off occurs along the roadway crown between the existing street surface and the new asphalt concrete base, the Contractor shall grind a 10:1 taper in the existing surface to make a temporary conform to accommodate traffic. The temporary taper shall be ground after the asphalt concrete base paving has been completed each day.
Where a vertical drop off will occur between the top of the new asphalt concrete base and a valley gutter, driveway, or side street conform, the Contractor shall install a temporary 10:1 asphalt taper.
Where a vertical drop off would occur between the asphalt concret e base and a pedestrian ramp, the Contractor shall install a temporary 12:1 asphalt taper.
All ground edges adjacent to curb ramps and driveways shall have temporary asphalt concrete ramps (tapers) installed if the asphalt concrete surfacing cannot be placed back the same day the existing pavement is removed. Kraft paper or other bond breaker shall be placed under the conform ramps to facilitate removal when paving operations start.
Kraft paper or other bond inhibitor shall be placed under the temporary asphalt taper to facilitate removal when paving operations resume.
Temporary asphalt tapers and associated bond breaker material shall be removed prior to placement of the asphalt concrete surface lift. Where the bond breaker material adheres to the asphalt concrete base course it shall be fully removed with a method, approved by the Engineer that will in no way degrade the quality of the final product.
The Engineer shall provide reference points and cut sheets for the placing of asphalt concrete base an d asphalt concrete surface.
The Contractor shall furnish an excavation and paving plan which shall include the following:
1. Requested location for survey staking of reference points
2. Asphalt plant supplying mix including aggregate source
3. Disposal site for spoils
4. Type of trucks and equipment to be used
5. Haul routes through adjacent residential streets
6. Staging locations
7. Sequencing
8. Taper grind locations
The Contractor shall set a string line based on the reference points to control the grade of the paving machine along the crown line. A rotary laser level may be used in lieu of a string line provided the level can be accurately set to the design centerline slope, and the detector is directly mounted to the paving machine screed to control the grade of the paving along the crown line. The Contractor shall also furnish a grade setter to ensure that the asphalt concrete base and asphalt concrete surface paving conforms to the lines and grades established by the Engineer.
A tack coat of SS-1h or SS-1 emulsified asphalt shall be applied to all asphalt concrete and concrete surfaces and allowed to break immediately in advance of placing all lifts of asphalt concrete. Tack coat applied to horizontal surfaces shall be applied with a tack truck, at a minimum residual rate of 0.02 gal/sqyd. Unless otherwise shown on the Plans, tack coat shall also be applied to all vertical mating surfaces and conforms to existing pavement, curbs, gutters, and construction joints, and allowed to break immediately in advance of placing all lifts of asphalt concrete. The tack coat shall be reapplied 1) where it becomes contaminated, and 2) where it is significantly tracked (removed) from the surface. The asphalt concrete base and asphalt concrete surface courses shall be allowed to cool to 160°F at mid depth before the roadway is opened to traffic each day. The asphalt concrete base and asphalt concrete surface courses shall be allowed to cool to 160° F at mid depth before the roadway is opened to traffic each day.
At the end of each working day the Contractor shall place retro reflectorized signs and delineators, as required for nighttime use in accordance with the Standard Specifications and Section 12 of these Special
Provisions to warn the public of the existing conditions.
At the end of each workday during paving operations the location of all valves, manholes, monuments and any other facility overlaid with asphalt concrete and required to be raised to grade shall be marked in white paint.
39-1.01D Asphalt Concrete Conform: Asphalt concrete conform will be used where shown on the plans and as directed by the Engineer, and shall conform to these Technical Specifications. Asphalt Concrete Conform shall consist of removal of existing asphalt concrete and aggregate base as required to provide and asphalt concrete conform a minimum two feet in width and a minimum six inches thick.
Existing asphalt concrete pavement and aggregate base course shall be removed to accommodate the asphalt concrete conform and disposed of as specified in these Technical Specifications. Existing asphalt concrete shall be sawcut and removed at the locations and to the dimensions shown on the plans. Any removal performed by the Contractor beyond the limits of the asphalt concrete conform shown on the Project Plans shall be replaced to match existing.
39-1.02 Materials:
39-1.02B Tack Coat: Tack coat must comply with the specifications for asphaltic emulsion or asphalts.
Tack coat shall be diluted SS1 or SS1h.
39-1.02C Asphalt Binder: Asphalt binder in HMA must comply with the specifications for asphalts.
Asphalt binder to be mixed with aggregate for asphalt concrete surface, leveling and base shall be PG64- 16 grade paving asphalt.
The amount of asphalt binder to be mixed with the aggregate shall be specified by the Engineer at the time of paving. Different asphalt binder content may be specified for each lift and each location.
Liquid anti-stripping agent (LAS) shall be added to the asphalt binder at a rate of 0.5 to 1.0% by weight of asphalt binder. The LAS shall be AD -here LOF 65-00 or equivalent, and shall be stored, measured, and blended with the asphalt binder in accordance with the anti -stripping agent manufacture’s recommended practice.
The LAS can be added at the asphalt plant or at the refinery. When added at the asphalt plant, the equipment shall indicate and record the amount of LAS added. If added at the refinery, the shipping ticket from the refinery shall certify the type and amount of LAS added.
39-1.02E Aggregate: The aggregate grading of the various types of asphalt concrete shall conform to one of the following as directed by the Engineer:
Surface or Leveling Course………….½- inch Coarse HMA Type A
Base Course…………..……………….¾-inch HMA Type A
Aggregates should be of high abrasion resistance and durability. Excessively soft and friable aggregates are not allowed. The specified aggregate gradation must be determined before the addition of asphalt binder and includes supplemental fine aggregate. The proposed aggregate gradation must be within the TV limits for the specified sieve sizes shown in the following tables:
Aggregate Gradation
(Percentage Passing)
HMA Types A
3/4-inch HMA Type A
Sieve sizes TV limits Allowable tolerance
1" 100 --
3/4" 95–100 TV ± 5
3/8" 65–80 TV ± 5
No. 4 49–54 TV ± 5
No. 8 36–40 TV ± 5
No. 30 18–21 TV ±5
No. 200 2.0–8.0 --
1/2-inch Coarse HMA Type A
Sieve sizes TV limits Allowable tolerance
3/4" 100 —
1/2" 94–100 --
3/8" 70–90 --
No. 4 55–61 TV ± 5
No. 8 40–45 TV ± 5
No. 30 20–25 TV ± 5
No. 200 2.0–8.0 --
Before the addition of asphalt binder and lime treatment, aggregate must have the values for the quality characteristics shown in the following table:
Quality characteristic Test method HMA Type A
Percent of crushed particles
Coarse aggregate (% min.)
One fractured face
Two fractured faces
Fine aggregate (% min)
(Passing no. 4 sieve
and retained on no. 8 sieve.)
One fractured face
California Test 205
90 75
70 Los Angeles Rattler (% max.)
Loss at 100 rev.
Loss at 500 rev.
California Test 211
10 45
Sand Equivalent (min.)a California Test 217 50b
Fine aggregate angularity
(% min.)
California Test 234 45
Flat and elongated particles
(% max. by weight @ 5:1)
California Test 235 10
a Reported value must be the average of 3 tests from a single sample. bMinimum Sand Equivalent of 45 for asphalt concrete base.
39-1.02F Reclaimed Asphalt Pavement: Reclaimed Asphalt Pavement (RAP) may be used at the Contractor’s option. If RAP is used, the Contractor shall provide the proposed mix design and the quality control for all HMA that includes RAP, in accordance with the following requirements:
1. Contractor shall provide City with a mix design per California Test 384 for the proposed RAP HMA.
2. As part of City’s evaluation of RAP HMA, Contractor and City shall perform bitumen ratio tests on at least six split samples of Contractor’s RAP to establish correlation between respective binder ignition ovens.
3. RAP shall be processed from reclaimed Asphalt Concrete pavement only.
4. RAP pile(s) shall be separate from the stacker pile, not intermingled with other materials, and stored on smooth surfaces free from debris and organic material.
5. The project RAP pile shall be processed and mixed, identified, and of adequate quantity for the proposed project. “Live” piles shall not be permitted.
6. Contractor shall sample the RAP pile and determine the bitumen ratio (using same binder ignition oven used in #2 above) and provide the test results to the City at least one week prior to producing RAP HMA.
7. A minimum of three samples shall be tested for bitumen ratio for RAP pile of 1500 tons, or portion thereof.
8. RAP pile shall be mixed such that individual bitumen ratio test results of RAP pile so not vary more than +/- 0.5%.
9. During RAP HMA production, RAP shall be sampled by the Contractor off of the belt (into the batch plant), per method established by the City, and samples provided to the City.
10. Bitumen ratio of RAP sampled off of the belt shall be 4.0% minimum, as determined by City binder ignition oven. City shall select binder content for RAP HMA mix per Specifications.
11. RAP content shall be no more than 20% by dry aggregate mass in the HMA. If proposing a change in the RAP content, the Contractor shall notify the Engineer. If the content changes more than 5%, the Contractor shall submit a new mix design.
12. Moisture content of RAP pile shall be 4.0% maximum, and shall be tested the day prior to the day of paving and tested/monitored during each day of HMA production.
13. RAP pile(s) shall be protected from exposure to moisture.
14. RAP HMA shall comply with all the specifications for HMA.
15. If batch mixing is used, RAP shall be kept separate from the virgin aggregate until both ingredients enter the weigh hopper or pugmill. After introduction to the pugmill and before asphalt binder is added, the mixing time for the virgin aggregate and RAP shall not be less than five seconds. After asphalt binder is added, the mixing time shall not be less than 30 seconds.
16. If continuous mixing is used, the RAP shall be protected from direct contact with the burner flame with a device such as a shield, separator, or second drum.
17. If any of the above criteria are not satisfied, or if the RAP HMA test result determined by the City are inconsistent, RAP HMA production shall stop for City projects until the issue(s) are corrected.
39-1.03 HOT MIX ASPHALT MIX DESIGN REQUIREMENTS:
39-1.03E Job Mix Formula Verification: (Not Applicable)
39-1.08 Production:
39-1.08A General: During production, with approval of the Engineer, the Contractor may adjust hot or cold feed proportion controls for virgin aggregate and RAP.
39-1.12 Smoothness:
39-1.12A General: Determine HMA smoothness with a straightedge. The completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete by blading or other equipment shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.
39-1.15 Minor Hot Mix Asphalt: (Not Applicable)
39-3.02 Acceptance Criteria:
39-3.02A Testing: The acceptance testing requirement for Sand Equivalent shall be 50 (minimum) for asphalt concrete surface and 45 (minimum) for as phalt concrete base. HMA shall meet the following requirements.
1 Asphalt concrete with an aggregate Micro-Deval loss greater than 21.0% shall be removed and replaced at the Contractor’s expense. In addition, no single source of asphalt concrete aggregate shall have a Micro-Deval loss greater than 21.0%.
2 TSR testing shall be performed on re-compacted asphalt concrete (per ASTM D7870), obtained from field cores, and tested within 30 days of asphalt concrete placement. Specimens tested shall include 1 unconditioned sample, and 2 conditioned samples as follows:
a) 20.0 hour Adhesion cycle @ 60˚C
b) 3500 cycles @ 40 psi and 60˚C
A single TSR test shall not represent more than 750 tons of asphalt concrete.
Asphalt concrete not meeting the above requirements shall be removed and replaced at the Contractor’s expense.
39-3.04 Transporting, Spreading, and Compacting: Test sections shall be approved on the basis of the attainment of 93% relative compaction and a satisfactory surface condition following final rolling. The number of coverages required shall be the minimum n umber required to obtain 93% relative compaction.
Relative density shall be the ratio of in-place density (ASTM Test Method D2950) to test maximum density (California Test 309, Method of Test for Determining Theoretical Maximum Specific Gravity and Density of Hot Mix Asphalt) determined during production paving.
The HMA may be cored during paving of the test sections, and the in-place density for each test section shall be the average of three core densities determined per California Test 308.
39-6 Payment: Asphalt Concrete Surface shall be paid for at the contract price per ton, which price shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all work involved in placing asphalt concrete surface and overlay, including tack coat and overlay conforms, and no additional allowance will be made therefor.
Asphalt Concrete Base shall be paid for at the contract price per ton , which price shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all work involved in placing asphalt concrete base, including tack coat and temporary tapers, and no addi tional allowance will be made therefor.
Full compensation for deep lift paving adjacent to curb and gutter replacement outside of reconstruct areas will be paid for at the asphalt concrete surface unit price and no additional allowance will be made therefor.
Full compensation for installing and removing temporary asphalt tapers shall be included in the contract price for asphalt concrete surface and no additional allowance will be made therefor.
Full compensation for removing existing asphalt concrete from top of gutters shall be included in the contract price for asphalt concrete surface and no additional allowance will be made therefor.
Aggregate Micro-Deval (ASTM D6928-10)
1 Tensile Strength Ratio, TSR (ASTM D7870)2
≤16.0% Not Required
16.1-18.0% 70 (minimum)
18.1-21.0% 80 (minimum)
Full compensation for furnishing weigh master’s certificates shall be considered as included in the contract price paid per ton for asphalt concrete surface and asphalt concrete base and no additional allowance will be made therefore.
44 EPOXY LINING MANHOLE REHABILITATION
44-1.01 Description: It is the intent of this Specification Section to provide for the rehabilitation of existing sanitary sewer main manholes by the installation of epoxy lining system. Work shall be in accordance with these Special Provisions, the Project Plans, the City Standards and the latest version of the Standard Specifications.
Manholes to receive epoxy coating are those as indicated on the Plans. The scope of work for epoxy lining shall be the entire interior surface of existing manhole, including grade rings, cones, reducing slab (ceiling), the full height of the barrel, base, shelf, and channel sections unless otherwise noted on the Project Plans. Channels previously lined with CIPP will not require epoxy lining. Epoxy lining work shall include, but not limited to, dewatering, cleaning and surface preparation, liner application, touch- up, protection of previously lined and unlined surfaces, containment of debris, waste disposal, cleanup and all appurtenant work.
An epoxy lining system consists of a trowelable epoxy filler, a high tensile elongation elastomeric grout, and an epoxy liner. All references to epoxy lining system within this Section apply to NeoPoxy NPR- 5300 Series “PureEpoxy” manufactured by NeoPoxy International, Inc. or approved equivalent.
Alternative material submitted shall comply with Standard Specifications Section 6-4.03 “Trade Names and Alternatives”.
44-1.02 Submittals: Attention is directed to Section 6-3.01A, “Material Submittals” of these Special Provisions.
The following items shall be submitted:
A. Technical data sheet on each product used, including required independent third party commercially tested physical and corrosion resistance properties, compressive strength, tensile elongation, flexural modulus, shore hardness, adhesive strength to damp concrete and 10,000- hour flexural creep results. Epoxy manufacturer’s certification that the product conforms to and is suitable for its intended use per these specifications.
B. Material Safety Data Sheets (MSDS) for each product used.
C. Project specific guidelines and recommendations.
D. Qualification of Applicator:
1. Manufacturer certification that applicator has been trained and approved in the handling, mixing and application of the products to be used. Applicator must provide current manufacturers signed Certified Applicator certifications or re-certifications shall be considered current when issued within the previous 365 days.
2. Certification that the equipment to be used for applying the products has been manufactured or approved by the epoxy lining material manufacturer and applicator
personnel have been trained and certified for the proper use of the equipment and materials.
3. Three references which verify that the lining applicator has demonstrated successful application of the specified lining systems in the past 3 years. Provide the size (area of lining), time of completion, name, the owner’s address and telephone number for each installation referenced.
4. A written certification from the contractor stating that they are qualified and experienced in the application of the specified lining system.
E. Design details for any additional ancillary systems and equipment to be used on site and surface preparation, application and testing.
F. Complete contractor plan for cleaning and other surface preparation prior to lining as well as application and testing of the lining after it is installed. Plan shall include materials and equipment to be used, exact steps to be taken, and quality control procedures to be implemented. This plan shall also include minimum time requirements for coating, recoating, and surface patches.
G. Abrasive Blast Material Data: For each abrasive blast material to be used, the Contractor shall submit the manufacturer’s catalog containing the following data:
1. Technical data sheet for each product used, including statements on the suitability of the material to produce the required surface profile and the percentage mixture of grit/shot, and sieve size.
2. Mat erial safety data sheet for each product used.
3. Country and state of origin.
44-1.03 Quality Assurance:
A. Contractor shall allow and support the Engineer to access and inspect SSMH structures at any time.
B. Applicator shall initiate and enforce quality control procedures consistent with applicable ASTM, NACE and SSPC standards and the protective coating manufacturer’s recommendations.
C. Epoxy applicator shall label two standard 3”X5” brush steel paint test coupons with pertinent and unique identification for each structure being lined. The minimum acceptable information will include owner name, project designations, dates, and contractor’s project engineer or superintendent’s name and signature. The non-data containing side of the coupon shall be sprayed with the specified epoxy immediately prior to application to the target surface. One cured coupon shall be submitted to the Engineer. The contractor as part of the project record shall keep the remaining coupon.
44-1.04 Delivery, Storage and Handling:
A. Lining materials shall be sealed in containers that plainly show the designated name, formula or specification number, batch number, color, date of manufacture, manufacturer's directions, and name of manufacturer, all of which shall be plainly legible at the time of use. Any products exceeding the manufacturer’s recommended shelf life shall not be used.
B. Materials are to be kept dry, protected from weather and stored under cover.
C. Protective lining materials are to be stored between 32° F and 110° F. Do not store near flame, heat or strong oxidants.
D. Lining materials are to be handled according to their material safety data sheets.
44-1.05 Conditions:
A. Applicator shall conform to all local, state and federal regulations including those set forth by Cal/OSHA, RCRA and the EPA and any other applicable authorities.
B. All work shall be executed in a workmanlike manner by skilled personnel and shall present a neat appearance when completed.
C. Any labor, materials, equipment, and apparatus not specifically mentioned herein or shown on the drawings, which may be necessary to complete any portion of the work in a substantial manner and in compliance with the requirements stated or implied by the contract documents, shall be furnished by the Applicator without additional compensation.
44-2.01 Materials:
A. All epoxy spray lining to be installed shall be Neopoxy NPR-5304, High Viscosity Modified Structural Epoxy System, or approved equivalent. Neopoxy NPR-5305 trowelable epoxy filler, grout and sealant shall be applied to surfaces that have defects that may interfere with the proper preparation or application of epoxy liner, or approved equivalent.
B. Neopoxy NPR-3501 high tensile elongation epoxy elastomeric grout and sealant shall be applied to areas that exhibit movement or cracking due to expansion and contraction, such as joints and manhole adjustment rings, or approved equivalent
44-2.02 Manufacturer:
A. NeoPoxy International, Inc. Hayward, CA. 510-782-1290, Fax 510-782-1292, Internet address http:/www.neopoxy.us, or approved equivalent.
B. The manufacturer shall have directly employed, full time, on- staff chemists that interface directly with the in-house manufacturing personnel. The chemists interfacing with the production personnel shall be available to the agency and contractor for technical support.
C. A record of all quality control tests shall be maintained, and the finished production lot shall meet the manufacturer’s standards prior to shipment. A certificate of compliance (C of C) certifying that the production lot meets the manufacturer’s specifications and standards at the time of shipment shall be provided with each lot shipment.
D. A liquid retain shall be maintained by the manufacturer for each production lot. Each retain shall be properly identified, labeled and stored for future reference. Retains may be properly disposed of six months from the production date.
44-2.03 Repair Materials:
A. Repair materials shall be used to fill void(s), structurally reinforce and/or rebuild surfaces, etc.
Repair materials shall be 100% solids epoxy compatible with the specified lining epoxy and shall be applied in accordance with the manufacturer’s recommendations. Epoxy repair materials shall be certified compatible with the epoxy liner material and suitable for municipal sewer use and are preferred over non-epoxy repair materials.
B. The epoxy manufacturer shall provide instructions for proper application of the repair materials.
44-2.04 Liner Material:
A. Neopoxy NPR-5300 Series “PureEpoxy”, or approved equivalent, a series of rapid curing reactive epoxy polymers made up of a variety of viscosities based upon identical reactive ingredients which exhibit excellent cure properties at low temperatures, in the presence of moisture and underwater. Develops a hard surface in about one hour, or less, under typical ground temperature conditions of 65°F at a liner thickness of 250mils. Longer cure time will be allowed for lower surface temperatures or underwater conditions. The epoxy manufacturer shall prove cure guidelines to the contractor for lower temperature conditions. The specified physical and chemical properties shall have been demonstrated by independent third-party testing to be resistance to acids, caustics, gasoline and other normal municipal sewage chemicals, biological agents and their byproducts. The product must be resistant to saturated hydrogen sulfide gas as found in municipal sewer systems. The product may either be trowel or spray applied and shall be color-coded light green, similar to what is generally accepted as “sewer pipe green”.
Product type Polyamine cured epoxy resin
Component Colors Contrasting colors from part A & B
Mixed Color Light Green
Solids (vol.%) 100
Solvent Content (vol.%) 0
Compressive Strength, psi. >10,000
Tensile Elongation, % >4
Flexural Modulus, psi. >450,000
Shore Hardness, Type D >80
Bond Strength – Concrete 200 psi and not less than
80% of the break shall
be of a cohesive nature.
>Tensile strength of concrete.
Primer required: None (self-priming)
Chemical Resistance: City of Los
Angeles, Standard Specifications for
Public Works Construction, Section
210-2.3.3 and ASTM F1216-98, Table
X2.1
44-2.05 Epoxy Liner Application Equipment:
A. Equipment shall be specifically designed temperature controlled plural component spray equipment for use in the application of the specified epoxy. Equipment may be either high- pressure low-volume airless (HPLV), or low-pressure high-volume air assisted (HVLP).
Equipment must be approved for use by the epoxy manufacturer. Air assisted spray application equipment atomization air must be filtered to adequately remove compressor oil and extraneous water.
B. Standard plastic or metal cement working tools of the contractor’s may be used if trowel applied.
C. Wet film thickness gage shall be 10-500 mil range, similar to Paul N. Gardner Company Item Number WF-790020, 800-762-2478.
44-3.01 Execution:
A. Prep, repair, and lining work shall be completed after CIPP lining of adjacent upstream and downstream trunk sewers has been completed.
B. Prep, repair, and lining work shall be completed while the sewer bypass system is operational and running. Lining shall be applied under dry and dust-free conditions and bypass operations shall continue until epoxy liner is fully cured.
C. Lining shall be applied all at one time for each manhole being rehabilitated. Starting and stopping of work within one manhole shall not be allowed.
D. Lining shall be done in a workmanlike manner so as to produce an even film of uniform thickness. Edges, corners, crevices, and joints shall receive special attention to ensure that they have been thoroughly cleaned and that they receive an adequate thickness of lining material.
The finished surfaces shall be free from runs, ridges, waves, laps, brush marks, roller marks, and variations in color, texture, and finish.
44-3.02 Acceptable Applicators:
A. Epoxy liner material must be applied by a Certified Applicator of the epoxy manufacturer.
44-3.03 Records:
A. The contractor shall maintain an accurate, written record of the quantity of lining material applied and the corresponding surface area covered, a description of the area coated, the batch number, surface temperature, ambient temperature, relative humidity, dewpoint, and applicator on a daily basis. The contractor shall furnish a signed copy of said record to the inspector at the beginning of the next working day. These quantities shall be independently verified by the inspector and reported on the inspector's log. The inspector shall immediately investigate and resolve any discrepancies between these reported quantities and the inspector’s log.
44-3.04 Examination:
A. The Applicator shall comply with local, state and federal regulatory and other applicable agencies with regard to environment, health and safety.
B. All extraneous flows into the manhole or structure, at or above the area to be lined, shall be stopped, plugged and/or diverted until the epoxy has developed and evolved from a liquid to a solid phase. After reaching the solid phase, heat may be added to accelerate the cure.
C. Temperature of the surface to be coated should be between 45°F and 90°F during application. Prior to and during application, care should be taken to avoid exposure of the uncured liner to any heat source capable of causing the uncured epoxy to exceed 90°F. Where varying surface temperatures exist, care should be taken to apply the coating when the temperature is falling versus rising.
44-3.05 Preparation:
A. Applicator shall inspect all surfaces specified to receive a protective lining prior to surface preparation. Applicator shall notify Engineer of any noticeable disparity in the surfaces that may interfere with the proper preparation or application of any repair mortar and epoxy liner.
B. Prior to the start of any work, the contractor shall establish with the inspector, schedules and notification procedures to ensure all surface preparation work has been inspected prior to the application of any lining.
C. Surfaces shall be repaired by methods required by the epoxy system manufacturer for the intended service and substrate materials.
D. Covers shall be placed over all pipe opening to prevent extraneous material from entering sewer system.
E. Infiltration shall be stopped by using chemical grouts or cementitious hydraulic plug material certified compatible with the epoxy repair mortar and liner epoxy.
F. Loose or unsound concrete or masonry or existing coatings must be removed. Unsound concrete shall be determined by lightly tapping with a hammer and shall be removed to sound, hard concrete. Masonry materials may be thoroughly cleaned out and then re-mortared with epoxy or rapid setting cement and used to fill the area from which they came.
G. Surface shall be cleaned by removing any laitance, dust, unsound or contaminated materials, plaster, oil, paint, grease, corrosion deposits or bacteriological growths. Chemical cleaning aids may be used with water blast equipment; however, Engineer must approve detergents or degreasers proposed by the contractor and they must be suitable for the water temperature used in any pressure washer system employed. Where breaking out mortar is not required, roughen the surface and remove any laitance by mechanical means, low-pressure hot water blast (minimum 2500 psi. pump pressure at 4 gpm), or high-pressure cold-water blast (>3000 psi. pump pressure at 4gpm) with or without sand injection as is appropriate, abrasive (sand) blasting, acid etching and water cleaning, or shot-blasting to a sound profile surface.
H. Acceptable surface pH for epoxy grouting repairs and lining shall be not less than six or more than nine.
I. Prior to lining, surfaces shall be dried by forced air to observe possible infiltration. In the event methods noted within the specification are ineffective stopping infiltration, the Contractor shall immediately notify the Engineer for direction.
J. Metal components shall, at the Engineer’s option and at the Contractor’s expense, be sandblasted to a NACE No. 2 “Near White Blast Cleaning”, or high pressure (>5000 psi. pump pressure) water blast, or water with sand injection. Minimum surface profile shall be CSP 3.
Residual penetrating oil and grease deposits shall be removed by steam cleaning, detergent scrubbing or by the use of degreaser to ensure optimum epoxy adhesion.
K. For new concrete surfaces, epoxy lining may not commence until moisture content is 80%, or less, by hygrometer test, or; “no visible moisture” by ASTM D4263-85, or; 15g/24 hr./m (3lb/24hr/1000 ft.) maximum by calcium chloride test. For existing concrete surfaces, see Item I above.
L. Epoxy lining may not commence until concrete has cured sufficiently to prevent pinholes in the liner due to outgassing. Concrete surfaces that have cured for 28 days or more may be considered sufficiently cured. In lieu of curing for 28 days prior to application of epoxy lining, the Contractor may submit a sample of cement being used on the project to the epoxy manufacturer for adhesion testing and recommendations on a reduced curing time.
M. Remove standing water and blow hot air for 15 to 30 minutes to dry the top surface prior to application of epoxy lining.
N. Fill any voids with epoxy filler and/or grout according to the manufacture’s recommendations.
For flowing or weeping water conditions, rapid setting cementitious “plug” materials may be used instead of epoxy grouts.
O. Determination of adequacy of preparation and substrate integrity may be made by ASTM D4541, with scoring.
44-3.06 Application of Epoxy Lining:
A. Application procedures shall conform to the recommendations of the epoxy lining manufacturer, including material handling, mixing, environmental controls during application, safety, and spray equipment.
B. Spray equipment shall be specifically designed to accurately ratio and apply the specified epoxy lining materials and shall be regularly maintained and in proper working order.
C. Areas that exhibit movement or cracking due to expansion and contraction, such as joints and manhole adjustment rings, shall be grouted and sealed with a high tensile elongation epoxy Neopoxy NPR-3501, or equivalent, specifically designed and suitable for the service. Prior to placing the grout, surfaces within the joint shall be sealed to a minimum depth of one-half inch with the specified epoxy liner. Subsequently to placement of the epoxy grout, a bond breaker shall be used to prevent adhesion between the flexible grout and the specified epoxy liner material. If the flexible grout and sealant is to be applied to manhole adjusting rings, no bond breaker or topcoat will be applied.
D. Specified surfaces shall be coated by trowel or spray application. Minimum application thickness shall be not less than 250 mils above the aggregate topmost surface. A monolithic single wet film application is preferred over multiple thin layers. The epoxy lining shall be applied such that the total specified surfaces can be completed in one day. If sprayed, and cosmetically smoother appearance is specified, the initial application shall be sprayed and troweled level to aggregate tops with sufficient epoxy to completely fill interstitial voids. A subsequent application will be made to achieve the minimum above-aggregate specified thickness. When trowel applied, a single application may be made. The Contractor may elect to first perform the aggregated interstitial filling followed by the final above aggregate lining after the epoxy transition from liquid to solid phase.
E. Thickness measurement shall be made at the aggregate peaks on three-foot centers, vertically and horizontally, in a grid pattern. A wet film thickness gauge shall be used to ensure that the minimum thickness is applied. See Section 44-2.05.
F. After the specified lining is applied, cured and spark tested, a thin layer of epoxy shall be applied to the bottom of the structures and a broadcasting of sand (i.e., oven dried 20 to 30 gradation) shall be applied in horizontal regions to provide a slip resistant surface. 44-3.07 Testing and Inspection:
A. When the epoxy liner has cured sufficiently to allow physical contact by applicator personnel, the surface shall be visually inspected for discontinuities. Visible discontinuities shall be
marked for subsequent repair. After visible discontinuities are repaired, secondary discontinuity testing will be performed per ASTM D5162 at an inspection voltage of 90 volts per mil to allow for irregularities in the original host surface profile, host surface material and moisture permeation from groundwater or other sources. Care must be exercised, as excessive voltage will spark through the epoxy causing damage to an otherwise sound lining.
Discontinuities shall be mechanically abraded and repaired with the specified lining epoxy. If during spark testing it is determined that excessive voltage has burned holes in the lining, and the liner thickness is of the specified thickness, the voltage may be reduced in increments of 5 volts per mil until burn-through ceases. Burn through is indicated by very small brown-black colored holes that penetrate through to the base material and are generally visible only with optical magnification. Repair of burn holes shall be the Contractors expense.
B. As an acceptance criterion, measurement of bond strength of the protective coating to the substrate shall be measured in accordance with ASTM D4541, with scoring, by self-alignment adhesion tester type IV. Adhesion testing shall be performed at any time after the liner has cured. However, the minimum bond strength must be obtained within ten (10) days after completion of lining. To shorten the testing procedure, the epoxy cure may be accelerated by application of localized supplemental heat, not to exceed 140 F for not less than one hour. The minimum pull off force shall be 200 psi and not less than 80% of the break shall be of a cohesive nature.
C. V
isual and bond strength tests as described in paragraph 1 and 2 will be taken from 3 of the 6 fully epoxy lined Llano trunk sewer structures on W. 3rd Street. The Engineer shall choose the lined structures to test. If deficiencies are found, then all lined structures shall be tested at the Contractors expense. Each testing point shall be repaired with the specified lining material.
Additional testing may be performed to determine the extent of any potential deficiently bonded area and repairs shall be made by applicator in strict accordance with manufacturer’s recommendations.
D. All Epoxy lined manholes shall also be tested in accordance with Special Provisions Section 71-
1.07A.
44-3.08 Payment: Manhole Rehabilitation - Epoxy Lining shall be paid for at the contract unit price per each for each phase. Price shall include full compensation for furnishing all labor, materials, tools and equipment, testing and measuring, confined space entry, and doing all the work involved in dewatering the existing manhole; cleaning; surface preparation and repair on all vertical and horizontal surfaces; furnishing and installing epoxy lining system as described herein on all vertical and horizontal surfaces; testing; and any other items necessary for epoxy lining not specifically enumerated in the Standard Specifications and Special Provisions, and no additional allowance will be made therefor. Lining the manhole barrel transition segments transitioning the manhole barrel from 60” diameter to 24” diameter will be also be paid for under this unit price.
45 POLYURETHANE MANHOLE REHABILITATION
45-1.01 Description: It is the intent of this Specification Section to provide for the reconstruction of existing sanitary sewer main manholes and sewer junction structures with the installation of a polyurethane liner. The polyurethane liner shall be designed to eliminate infiltration, provide corrosion protection, chemical resistance, repair voids and enhance the structural integrity of an existing structure. Work shall be in accordance with these Special Provisions, the Project Exhibits, the City Standards and the latest version of the Standard Specifications.
The scope of work for polyurethane lining as shown on the Project Exhibits. Work shall include the entire interior surface of existing manhole or concrete structure, including grade rings, cones, floor up to the channelized area, ceiling, the full height of the barrel, base, shelf, and channel sections using a monolithic method. Polyurethane lining work shall also include, but not limited to, dewatering, cleaning and surface preparation, installation of grout in void spaces, liner application, touch-up, protection of previously lined and unlined surfaces, containment of debris, waste disposal, cleanup and all appurtenant work.
45-1.02 References: The polyurethane liner system shall be manufactured and installed in compliance with the listed minimum values of the applicable ASTM testing requirements.
ASTM D-638 Tensile Strength and Tensile
Modulus ASTM D-695 Compressive Strength
ASTM D-790 Flexural Strength and Flexural
Modulus ASTM D-2240 Hardness
45-1.03 Submittals:
1. The Contractor shall submit the suppliers’ warranty for all materials furnished under this section.
2. Technical data sheet on each product used, including ASTM test results indicating the product conforms to and is suitable for its intended use per these specifications.
3. Material Safety Data Sheets (MSDS) for each product used.
4. Applicator Qualifications:
a. Manufacturer certification that Applicator has been trained and approved in the handling, mixing and application of the products to be used. Certification letter shall be dated within six months of bid date.
b. The Applicator shall provide reference(s) which demonstrate previous successful installation of the specified structural protective coating system in at least 100 manholes during the last two (2) years.
c. Certification that the equipment to be used for applying the products has been manufactured or approved by the protective coating manufacturer and applicator personnel have been trained and certified for proper use of the equipment. Certification letter shall be dated within six months of bid date.
5. Proof of any necessary federal, state or local permits or licenses necessary for the project.
6. Upon timely request, the Contractor shall submit the manufacturer’s certification of testing, with the accompanying test data, for the following:
a. Third party testing verifying the short-term Modulus of Elasticity used on this project, minimum of 735,000 psi.
b. Third party testing verifying Flexural Strength used on this project, minimum 14,000 psi. c. Third party testing verifying long-term Flexural Modulus of Elasticity, minimum of 529,000 psi. This third-party testing will verify the long-term reduction factor (Creep Analysis) of a minimum of 50%. This long-term reduction factor verification shall be conducted utilizing ASTM D2990-01 via a third party, independently certified laboratory.
7. Submit Engineering calculations for the design of the liner thickness. Design calculations shall be checked and approved by a Registered Civil Engineer in the State of California. Liner design calculations shall be supported by field analysis, technical assumptions, requirements of these Special Provisions, and ASTM F1216. The design shall be based on the following structure conditions, service requirements, and physical conditions:
a. Assume groundwater is at ground surface.
b. All structures subject to soil load of 120 lb./cu.ft. and AASHTO-HS-20-44 Highway traffic load.
c. Factor of safety (N) is 2.
d. Modulus of passive soil reaction is 1,000 psi.
e. External Buckling Design – Acceptable third-party testing and verification of the design analysis techniques (ASTM F1216, Section X1.2.2) f. A minimum service life of 50 years.
g. Fully deteriorated structure condition.
8. Product specific strength values, including the short-term flexural modulus and the long-term flexural modulus strength, must be substantiated by third party testing which will be submitted with all qualified bids. The materials utilized for the contracted project shall be of a quality equal to or better than the materials used in the long-term test with respect to the initial flexural modulus and the long-term reduction factor used in design.
9. Design details for any additional ancillary systems and equipment to be used on site and surface preparation, application and testing.
10. Complete contractor plan for cleaning and other surface preparation prior to lining as well as application and testing of the lining after it is installed. Plan shall include materials and equipment to be used, exact steps to be taken, and quality control procedures to be implemented. This plan shall also include minimum time requirements for coating, recoating, and surface patches.
11. Submit both estimated and actual quantity of grout material used to fill void space. 45-1.04 Quality Assurance: Contractor shall submit the following:
1. The manufacturer of the polyurethane lining material shall furnish an affidavit attesting to successful use of their materials as a structural lining for concrete and brick structures in wastewater conditions recognized as corrosive or otherwise detrimental to concrete.
2. Supplier shall warrant the performance of the polyurethane liner for 10 years and shall include 5 years warranty for materials and labor to repair or replace any failing conditions of the liner in the structure.
45-1.05 Delivery, Storage and Handling:
1. Lining materials shall be sealed in containers that plainly show the designated name, formula or
specification number, batch number, color, date of manufacture, manufacturer's directions, and name of manufacturer, all of which shall be plainly legible at the time of use. Any products exceeding the manufacturer’s recommended shelf life shall not be used.
2. Materials are to be kept dry, protected from weather and stored under cover.
3. Protective lining materials are to be stored between 32° F and 110° F. Do not store near flame, heat or strong oxidants.
4. Lining materials are to be handled according to their material safety data sheets. 45-1.06 Conditions:
1. Applicator shall conform to all local, state and federal regulations including those set forth by Cal/OSHA, RCRA and the EPA and any other applicable authorities.
2. All work shall be executed in a workmanlike manner by skilled personnel and shall present a neat appearance when completed.
3. Any labor, materials, equipment, and apparatus not specifically mentioned herein or shown on the drawings, which may be necessary to complete any portion of the work in a substantial manner and in compliance with the requirements stated or implied by the contract documents, shall be furnished by the Applicator without additional compensation.
4. Flow will be diminished by owner but may still occur within the channelized area of the manhole or structure bottom. Provisions shall be made to work with flow in manhole or structure bottom.
45-2.01 Repair Materials:
1. Repair materials shall be used to fill voids, structurally reinforce and/or rebuild surfaces, etc. as determined necessary by the engineer and protective coating applicator. Repair materials must be compatible with the specified coating and shall be applied in accordance with the manufacturer’s recommendations.
2. The following products may be accepted and approved as compatible repair basecoat materials for approved polyurethane lining for use within the specifications:
a. 100% solids, solvent-free grout specifically formulated for approved polyurethane lining compatibility. The grout manufacturer shall provide instructions for trowel or spray application.
b. In the case of excessive infiltration, a hydraulic cement or plug may be used to stop the flow of the infiltration. The hydraulic cement shall be compatible with the spray applied resin coating.
45-2.01 Polyurethane Liner Material: SprayWall® from Sprayroq, Inc., or approved equivalent. The polyurethane liner shall be a high- build, rigid, solvent-free, resin-based material. The product shall be self-priming and spray-applied forming a structurally enhanced monolithic liner. Material shall begin to gel in about 8 seconds and achieve a tack-free condition after 2 minutes, under typical ground temperature conditions of 72°F at a liner thickness of 250mils. The polyurethane manufacturer shall prove cure guidelines to the contractor for lower temperature conditions. The liner shall be capable of conforming to offset bricks and/or grade rings, missing mortar gaps, and other disfigured and deteriorated materials.
The liner shall be installed to the thickness necessary to qualify as a monolithic (void free) liner per the design standards as provided in Section 45-1.03, 7. The roughness of the substrate will dictate the thickness needed to create the monolithic liner and eliminate any opportunity for voids in the lining.
The design calculations will dictate the required final thickness of the liner.
Flat Wall surfaces to receive protective coating shall be prepared with a series of grooves cut into the substrate at a spacing and depth determined by the "Flat Wall" design formula, developed by the Sprayroq manufacturer, to key or lock the protective coating to the substrate. The grooves shall be a minimum ¼” w x ¼” d x 45º (60º maximum), cut into the substrate at opposing angles. The grooves shall be cut: horizontally and vertically (walls), longitudinal and latitudinal (floors and ceilings) where applicable.
The specified physical and chemical properties shall have been demonstrated by independent third- party testing to be resistance to acids, caustics, gasoline and other normal municipal sewage chemicals, biological agents and their byproducts. The product must be resistant to saturated hydrogen sulfide gas as found in municipal sewer systems.
45-2.03 Polyurethane Liner Physical Properties:
Flexural Modulus (initial) ASTM-D-790 >735,000 psi
Compressive Strength ASTM-D-695 >18,000 psi
Tensile Strength ASTM-D-638 >7,450 psi
Shore Hardness, Type D ASTM-D-2240 >85
Concrete Bond ASTM-D-7234 >200 lbs.
Density 87 pcf
Solids 100%
Solvent Content 0%
Primer Required None (self-priming)
Installation Warranty 5 Years
Product Warranty 10 Years
44-2.05 Polyurethane Liner Application Equipment:
1. Equipment shall be specifically designed temperature controlled plural component spray equipment for use in the application of the specified polyurethane lining. Equipment may be either high-pressure low-volume airless (HPLV), or low-pressure high-volume air assisted (HVLP).
2. Equipment must be approved for use by the polyurethane manufacturer. Air assisted spray application equipment atomization air must be filtered to adequately remove compressor oil and extraneous water.
45-3.01 Execution:
1. Prep, repair, and lining work shall be completed after CIPP lining of adjacent upstream and downstream trunk sewers has been completed.
2. Prep, repair, and lining work shall be completed while the sewer bypass system is operational and running. Lining shall be applied under dry and dust-free conditions and bypass operations shall continue until polyurethane liner is fully cured.
3. Lining shall be applied all at one time for each manhole being rehabilitated. Starting and stopping of work within one manhole shall not be allowed.
4. Lining shall be done in a workmanlike manner so as to produce an even film of uniform thickness. Edges, corners, crevices, and joints shall receive special attention to ensure that they have been thoroughly cleaned and that they receive an adequate thickness of lining material.
The finished surfaces shall be free from runs, ridges, waves, laps, brush marks, roller marks, and
variations in color, texture, and finish.
5. All structures to be coated shall be readily accessible to Applicator.
6. Appropriate actions shall be taken to comply with local, state and federal regulatory and other applicable agencies with regard to environment, health and safety.
7. Installation of the protective coating shall not commence until the concrete or metal substrate has properly cured in accordance with these specifications.
8. Temperature of the surface to be coated should be maintained between 70ºF and 110ºF during application. Prior to and during application, care should be taken to avoid exposure of direct sunlight or other intense heat source to the structure being coated
45-3.02 Acceptable Applicators:
1. Polyurethane liner material must be applied by a Certified Applicator of the polyurethane manufacturer.
45-3.03 Surface Preparation:
1. Applicator shall inspect all surfaces specified to receive a protective coating prior to surface preparation. Applicator shall notify Owner of any noticeable disparity in the surfaces which may interfere with the proper preparation or application of the repair mortar and protective coating.
2. All contaminants including: oils, grease, incompatible existing coatings, waxes, form release, curing compounds, efflorescence, sealers, salts, or other contaminants shall be removed.
3. All concrete or metal that is not sound or has been damaged by chemical exposure shall be removed to a sound surface or replaced.
4. Surface preparation method(s) should be based upon the conditions of the substrate, service environment and the requirements of the protective lining to be applied.
5. Surfaces to receive protective lining shall be cleaned and abraded to produce a sound surface with profile to meet as a minimum ICRI CSP4 –CSP6 profile and porosity to provide a strong bond between the protective lining and the substrate. Generally, this can be achieved with a high-pressure water cleaning using equipment capable of a minimum 4,000 psi at 3.5 gpm with a turbo head jet nozzle. Other methods such as high-pressure water jetting (refer to SSPC-SP 13/NACE No.6), abrasive blasting, shot-blasting, grinding, scarifying or acid etching may also be used. Detergent water cleaning and hot water blasting may be necessary to remove oils, grease or other hydrocarbon residues from the concrete. Whichever method(s) are used, they shall be performed in a manner that provides a uniform, sound clean neutralized surface that is not excessively damaged.
6. I nfiltration shall be stopped by using a material which is compatible with the specified protective coating.
7. The area between the manhole and the manhole ring and any other area that might exhibit movement or cracking due to expansion and contraction, shall be grouted with a flexible grout or gel. A termination groove “key” cut into the substrate between the bottom of the manhole frame and concrete is required for placement of the flexible grout or gel. The “key” shall be a minimum ¼” w x ¼” d, cut at a minimum 45º angle (60º maximum).
8. Surfaces to receive protective lining shall be dry to the touch and or with no visible dampness. This is to insure maximum adhesion to the substrate. If required, drying may be accomplished by a minimum of 20 minutes of a heated, forced air blower. The drying shall be to the specification dictated by the resin manufacturer and its trained applicator.
9. All surfaces should be inspected by the Inspector during and after preparation and before the repair material is applied
45-3.04 Application of Protective Lining
1. Application procedures shall conform to the recommendations of the protective lining manufacturer, including material handling, mixing, environmental controls during application, safety, and spray equipment.
2. The spray equipment shall be specifically designed to accurately ratio and apply the specified protective lining materials and shall be regularly maintained and in proper working order.
3. The protective lining material must be spray applied by a Certified Applicator of the protective lining manufacturer.
4. Specified surfaces shall be coated by spray application of a solvent-free, 100% solids, rigid polyurethane structural lining as further described herein.
5. Airless spray application equipment approved by the lining manufacturer shall be used to apply each coat of the protective lining. The air source is to be filtered to completely remove all oil and water.
6. If necessary, subsequent top-coating or additional coats of the protective lining should occur as soon as the basecoat becomes tack free, no later than the recoat window for the specified products. Additional surface preparation procedures will be required if this recoat window is exceeded.
45-3.05 Testing and Inspection
1. High Voltage Spark Test. After the protective lining has set hard to the touch it shall be inspected with high-voltage holiday detection equipment. Surface shall first be dried; an induced holiday shall then be made on to the coated concrete or metal surface and shall serve to determine the minimum/maximum voltage to be used to test the lining for holidays at that particular area. The spark tester shall be initially set at 100 volts per 1 mil (25 microns) of film thickness applied but may be adjusted as necessary to detect the induced holiday (refer to NACE RPO188-99 or ASTM D4787 Continuity Testing of Liquid or Sheet Liners on Concrete - Holidays). All detected holidays shall be marked and repaired by abrading the lining surface with grit disk paper or other hand tooling method. After abrading and cleaning, additional protective lining material can be hand applied to the repair area. All touch-up/repair procedures shall follow the protective lining manufacturer's recommendations.
2. Adhesion Testing. The adhesion tests shall be performed on each rehabilitated manhole and every 200 square feet of large structures or as shown on the Project Exhibits and/or specified in the Special Provisions. Adhesion testing shall be conducted after the lining or coating system has cured per manufacturer instruction and in accordance with ASTM D4541(Steel) or ASTM 7234(Concrete). Adhesion is critical for proper performance. A minimum of one 20 mm dolly shall be affixed to the lined surface of the structure at the upper section or cone area, mid-section and at the bottom, unless otherwise specified in the Special Provisions. Each testing location shall be identified by the Engineer. The adhesive used to attach the dollies to the liner shall be a two-part 100% solids epoxy adhesive with a tensile strength greater than the tensile strength of the lining system. Affix the 20 mm dollies to the lining surfaces and allow it to cure in accordance with the manufacturer’s instructions. The lining material and dollies shall be adequately prepared to receive the adhesive. Prior to pull test, the Contractor shall utilize a scoring device to cut through the coating until the substrate is reached. Extreme care shall be required while scoring to prevent micro cracking in the coating, since cracks may cause failures at diminished strengths. Failure due to improper dolly adhesive or scoring shall require retesting. The pull tests in each area shall meet or exceed 200 psi. and shall include subbase adhered to the back of the dolly or no visual signs of coating material in the
test hole. Pull tests with results between a minimum 150 psi and 200 psi shall be acceptable if more than 50% of the subsurface is adhered to the back of the dolly. A test result can be discarded, as determined by the Engineer, if there is a valid non-statistical reason for discarding the test results as directed by Sections 8.4 and 8.5 of ASTM D4541 and ASTM D7234. If any test fails, a minimum of three additional locations in the section of the failure shall be tested, as directed by the Engineer. If any of the retests fail, all loosely adhered or unadhered liner in the failed area, as determined by the Engineer, shall be removed and replaced at the Contractor’s expense. All touch-up/repair procedures shall follow the protective lining manufacturer's recommendations.
NOTE: The mil thickness will be measured and confirmed with the scored and pulled test samples. In structural repairs (partially or fully deteriorated design assumptions), it is critical to confirm the design thickness with the pulled sample.
3. A final visual inspection shall be made by the Inspector and manufacturer's representative. Any deficiencies in the finished lining shall be marked and repaired according to the procedures set forth herein by Applicator.
4. The municipal sewer system may be put back into non-severe operational service as soon as the final inspection has taken place. However, for severe corrosion duty such as high concentrations of acids, bases or solvents, 4 to 8 hours may be necessary prior to returning to service. Consult lining manufacturer for further details. 45-3.06 Payment: Polyurethane Lining shall be paid for at the contract unit price per each, which price shall include full compensation for furnishing all labor, materials, tools and equipment, testing and measuring, confined space entry, and doing all the work involved in dewatering the existing structure; cleaning; surface preparation and repair; furnishing and installing a polyurethane lining system as described herein; manhole testing per Special Provisions Sections 45-3.05 and 130-1.07; and any other items necessary for polyurethane lining not specifically enumerated in the Standard Specifications and Special Provisions, and no additional allowance will be made therefor.
73 CONCRETE CURBS AND SIDEWALKS
73-1.01A Summary: This work shall consist of curbs, gutters, sidewalks, driveways, island paving, curb ramps, and gutter depressions and shall be constructed in accordance with the details and at the location shown on the Project Plans and in conformance to the requirements of Section 73 of the City Specifications, and Standard Specifications.
73-1.01E Color: A colored pigment designed for the integral coloring of concrete shall be added to the concrete mix. The pigment shall contain pure concentrated mineral pigments specifically processed for mixing into concrete and complying with ASTM C979. The colored pigment shall be Davis Colors color #860, applied in a dosage of 1 pound per 94-pound sack of cement (approximately 6 pounds per cubic yard of concrete for a 6-sack mix), or L. M. Scofield color #SG860 applied in a dosage to produce an equivalent color, or an approved equal.
73-2.03 Construction: Curb construction shall be in accordance with Section 73-1.05 of the City Standards. Curb construction shall be in conformance to the details and at the locations shown on the Project Plans and in accordance with City Specifications.
Curb and gutter shall be constructed in conformance to City STD-241, the details and locations shown on the Project Plans and in accordance with the City Specifications.
Curb openings, for driveways, shall be constructed at existing driveways, and at locations indicated on the Project Plans or directed by the Engineer.
All concrete which is to be removed from curb, gutter, and driveway areas shall be removed to the nearest construction joint or as directed by the Engineer.
Median curb per City STD-242 shall be constructed in conformance to the details and at the locations shown on the Project Plans and in accordance with the City Specifications.
Curb and gutter and median curb shall be cured in accordance with the requirements of Section 90- 7 of the Standard Specifications except that the Contractor may substitute other than a pigmented sealer upon the approval in writing of such substituted sealer by the Engineer.
All oil, paint, tire marks, and other discoloring shall be removed from the sidewalk, curb and gutter by sandblasting prior to acceptance by the Engineer. Cement mortar will not be an acceptable substitute for sandblasting. Vandalism to uncured concrete surface shall be removed. If it cannot be removed from the surface, then the vandalized concrete shall be removed and replaced to the nearest score mark.
Curb Ramp shall be constructed in accordance with the details and at the locations shown on the Project Plans per Caltrans Standard plan A88A except the thickness shall be 4” minimum. For purposes of payment, curb ramp will be measured between the outside border of the ramp and landing and exclude the curb and gutter. The area of concrete beneath the detectable warning surface shall be paid for at the contract price per square foot of curb ramp.
No deduction in measured length of curb and gutter to be paid for will be made for curb openings for driveways.
73-3.03 Curb, Sidewalk, Gutter Depression, Island Paving, Driveway, and Curb Ramp Construction: Curb, sidewalk, gutter depression, island paving, driveway, and curb ramp shall be constructed in accordance with the details and at the location shown on the Project Plans and in conformance to the requirements of Section 73 of the City Specifications with the following modifications and additional requirements.
All concrete which is to be removed from sidewalk and driveway areas shall be removed to the nearest
transverse score mark across the full width of sidewalk or construction joint as directed by the Engineer.
Soft or spongy material shall be removed and replaced with suitable material as required by the Engineer.
Sidewalk, driveway, island paving, curb ramp, and gutter depression shall be cured in accordance with the requirements of Section 90-7 of the Standard Specifications except that the Contractor may substitute other than pigmented sealer upon approval in writing of such substituted sealer by the Engineer.
All oil, paint, tire marks, and other discoloring shall be removed from the driveway, island paving, curb ramp, and gutter depression by sandblasting prior to acceptance by the Engineer. Cement mortar will not be an acceptable substitute for sandblasting. Vandalism to uncured concrete surface shall be removed.
If it cannot be removed from the surface, then the vandalized concrete shall be removed and replaced to the nearest score mark.
Curb Ramp shall be constructed in accordance with the details and at the locations shown on the Project Plans per state standards.
Gutter Depression shall be constructed in accordance with the details and at the location shown on the Project Plans and in conformance to the requirements of City STD-243 Standard Valley Gutter.
73-3.04 Payment: Curb and gutter, median curb, curb ramp, sidewalk, driveway, island paving, and valley gutter shall be considered included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
[Version: 10/21/14CDA STD2010]
80 FENCES
80-1.01 Description: All fence shall be constructed in accordance with Section 80 of the Standard Specifications, these Special Provisions, and as directed by the Engineer.
Where removal of existing fencing is required, temporary fencing shall be put in place to maintain site security and prevent pedestrian access and/or agricultural activities through the Project site. Upon completion of work the temporary fencing shall be removed and the fence shall be restored to its original condition. Removal and installation of fence (temporary or permanent) shall take place in the same day.
80-1.02 Connections: Existing cross fences shall be connected to the new fence. Corner posts with braces for every direction of strain shall be placed at the junction with existing fences. The wire in the new and existing fences shall be fastened to the posts.
80-1.03 Materials: Fencing materials shall conform to Section 80-3.01 of the Standard Specifications.
80-2.01 Construction: Fence construction shall be in accordance with Section 80-3.02 of the Standard Specifications, these Special Provisions, and as directed by the Engineer.
80-3.01 Payment: Full compensation for fences shall be considered included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
121 NOTIFICATION
121-1.01 Description: The Contractor shall notify the Engineer of any work to be performed on any given work day either on the afternoon of the prior working day or before 8:30 AM on the given working day. Any work completed for which the Project Engineer has not received prior written notification of its scheduling MAY NOT BE ACCEPTED FOR PAYMENT.
The Contractor shall provide a written notice of pending construction to all residents and businesses in the vicinity fourteen calendar days prior to the start of work. The notice shall inform the resident or business of the type of work, the scheduled date(s) and time of the work and the potential impacts to the resident or business, including time frame during which vehicle access will be interrupted.
All written notices shall be submitted to the City for approval prior to distribution. The City may take up to three calendar days to review notices.
121-1.02 Payment: Full compensation for conforming to the provisions of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be made therefor.
124 MATERIAL RECYCLING
124-1.01 Description: The Contractor shall dispose of all Portland cement concrete and asphalt concrete, generated from removal or demolition activities on the project, at a recycler for these materials. The Contractor shall provide receipts verifying delivery and approximate quantity (in tons) of the material delivered to a material recycler.
All other excess materials from the project shall become the property of the Contractor and shall be disposed of by him, at his expense.
124-1.02 Payment: Full compensation for material recycling as specified herein shall be considered as included in the contract prices paid for various items of work, and no additional compensation will be allowed therefor.
130 SANITARY SEWER SYSTEM
130-1.01 Description: Sanitary sewer system components and related appurtenances shall conform to the requirements as specified in the City of Santa Rosa Sanitary Sewer Standards Specifications Section 130, the Plans, and modifications herein.
130-1.06 Sewer Laterals: If the proposed sewer main invert(s) are at a higher elevation than the existing invert(s), the Contractor shall submit a temporary connection plan to the Engineer for approval a minimum of 5 working days prior to start of work. The temporary connection p lan shall include a schedule of work. The Contractor shall continuously monitor the upstream manhole of any temporary connection. 130-1. 02 Materials: Manhole inside drop connection shall be per modified City Standard Plan 503 as shown on the Plans.
130-1.03 Excavation and Backfill: Contractor shall remove and dispose of manhole cones and grade rings as necessary for the installation of the new sewer main lining system and manholes lining systems as shown on the Plans.
Removal, disposal, and replacement of manhole cones and grade rings for installation of new sewer main lining system shall be considered included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. Reinforcing steel may be encountered in portions of concrete to be removed and no additional allowance will be made for the removal of such steel.
130-1.09 Television Inspection: The television inspection shall be in accordance with these Special Provisions and Section 130-1.09 of the City Standards.
Television Inspection shall occur:
1. Prior to the start of construction (and before the bypass pumping system has been installed),
2. After the bypass system has been set up and the pipe has been cleaned and prior to the start of lining operations, and
3. Again, when a sanitary sewer main rehabilitation segment has been completed and inspected, except as otherwise noted in these Special Provisions or the City Standards 130-1.09A Payment: Bracing and Shoring shall be paid for at the contract unit price of lump sum for each phase, which price shall include full compensation for furnishing all labor, materials, tools and equipment; testing and measuring; and doing all the work involved in installation, maintenance, and removal of sheeting, shoring, and bracing for required excavations per City standards, and any other items necessary not specifically enumerated in the Standard Specifications and Special Provisions, and no additional allowance will be made therefor.
Manhole Frame and Bolt-Down Lid shall be paid for at the contract unit price per each for each phase, which price shall include full compensation for furnishing all labor, materials, tools and equipment and incidentals, and doing all work involved for installation of a new manhole frame and bold-down lid, including but not limited to, excavation and disposal of excavated materials; any necessary hand digging; dewatering; disposal of soil in conformance with City requirements as well as State and Federal regulations; contamination awareness; removing and disposal of the existing manhole frame and cover; surface preparation and repair of the existing manhole; sealing of penetrations water tight; coating and patching; supporting or removal and disposal as necessary of existing utilities in the same excavation; placing and compacting all required bedding and backfill; trench plates as needed; installing and adjusting new grade rings as required; furnishing and installing a new manhole frame and bolt-down lid
with concrete collar and temporary and permanent asphalt concrete paving around frame per City standards; ensuring that the new manhole frame and cover are properly set to the correct height in the roadway as specified by the Engineer; manhole testing per these Special Provisions; and any other items necessary not specifically enumerated in the Standard Specifications and Special Provisions, and no additional allowance will be made therefor.
66” Pre-CIPP Rehabilitation CCTV Inspection shall be paid for at the contract unit price of linear foot, which price shall include full compensation for furnishing all labor, materials, tools and equipment, testing and measuring, and doing all the work involved in CCTV inspection of the 66” sewers both in live flow and then again after bypass has been set-up and is running prior to CIPP lining per City Standards and these specifications, and any other items necessary not specifically enumerated in the Standard Specifications and Special Provisions, and no additional allowance will be made therefor. This bid item includes as many passes as necessary to get a complete CCTV inspection as per written acceptance by the Engineer for the entire sewer segment from manhole to manhole both in live flow and then again after bypass has been set-up, pipe has been cleaned, but prior to CIPP lining.
66” Post-CIPP Rehabilitation CCTV Inspection shall be paid for at the contract unit price of linear foot, which price shall include full compensation for furnishing all labor, materials, tools and equipment, testing and measuring, and doing all the work involved in CCTV inspection of the 66” sewers after CIPP lining and while sewer bypass is still running per City Standards and these specifications, and any other items necessary not specifically enumerated in the Standard Specifications and Special Provisions, and no additional allowance will be made therefor.
Full compensation for these bid items shall be considered included in the prices paid for the above bid items and no additional compensation will be allowed therefor.
130-2 CURED-IN-PLACE PIPE LINING
130-2.01 Description: It is the intent of this Specification Section to provide for the rehabilitation of sanitary sewer mains by the installation of a CIPP liner into the existing gravity sewer line. When formed, the liner shall extend over the length of the pipe indicated in the Project Plans from manhole to manhole in a continuous, tight fitting, smooth, hard, strong, chemically inert, and watertight pipe- within-a-pipe closely following the contours of the host pipe. The liner shall be installed using “Trenchless Technology”, i.e., no excavation is necessary for this item of work except for that potentially required to gain access at diameter constrained manholes. The thickness of the CIPP liner shall be designed assuming a fully deteriorated pipe.
The Contractor shall furnish all labor, equipment and materials necessary to complete the cured -in- place pipe (CIPP) lining of sanitary sewers as specified herein and as shown on the Project Plans. This Contract shall include the preparation of the construction site, including delivery of all materials to the site, all equipment and materials required for either remote or on -site impregnation of lining, cleaning, flushing and pre -television inspection of sewer to be lined; protection of existing conditions during installation wor k, existing lateral location and identification, infiltration repairs and other point repairs as needed prior to lining, pre-liner and/or liner installation, lateral reinstatement, pipe sealing at manholes, final television inspection and testing of the lined pipe sewer system, and other accessories as required for the proper installation; protection of the site during the life of the Contract, including protection of inspection personnel, warning lights, barricades, traffic control, dust control and maintenance of detours, as required; the cleanup of the work site, including maintenance and replacement of features such as paving, curb and gutter, landscaping, including hardscaping if damaged, seeding, sodding and graveling, if damaged. The Contractor is advised that this lining project is required due to deterioration of the reinforced concrete pipe and shall be prepared to respond to complications due to pipe deterioration and issues associated with infiltration.
The Contractor's attention is directed to the Project Plans for clarification of site locations, limitations and work specifics. Although the plans are based on record information, they may not match existing conditions entirely.
The conditions noted here, including curves in the alignment of the segments, may not be a complete list or match conditions entirely as they are found in the field. It shall be the Contractor's responsibility to perform a complete review and inspection of each site and pipe to verify existing conditions a nd to locate all features of each segment to be lined, including footage lengths and pipe diameters, prior to ordering, fabrication or lining.
Contractor CIPP operations shall comply with noise ordinance requirements per Special Provisions Section 130-
3.02A.
130-2.02 Quality Assurance:
1. Work performed under this Section shall conform to the Drawings and Specifications and shall comply with all standards, rules and regulations, laws and ordinances of the City and all other authorities having jurisdiction, as amended. That which is necessary to make the work comply with the above requirements shall be provided without additional cost to the City.
2. Contractor Qualifications:
a. The Contractor shall have the following minimum qualifications for each method of installation and curing used on this project:
1. The Contractor shall have previous experience with ‘On-site wet out’ operations on at least 3 different projects of minimum 66” CIPP lining in sewer mainlines.
2. Field Supervisor Experience: The lining field supervisor (defined as the person who is supervising in the field during all phases of the lining) must have the following experience:
i. CIPP Lining: Installed at least 3,000 feet of minimum 39” CIPP lining in sewer
mainlines as part of a lining crew (includes both non-supervisory and supervisory work).
ii. CIPP Lining Supervision: As lining field supervisor, installed at least 1,500 feet of min 39” CIPP lining in sewer mainlines.
iii. CIPP Lining Project Supervision: As lining field supervisor, installed CIPP lining in sewer mainlines on at least four different projects, a minimum of two of these projects being 36” or larger.
3. Technician Experience: At least one of the crew members must have the following experience:
i. CIPP Lining: Installed at least 1,500 feet of min 36” CIPP lining in sewer mainlines as part of a lining crew.
ii. CIPP Lining Projects: Installed CIPP lining in sewer mainlines on at least two different projects as part of a lining crew.
b. The final decision to accept or reject the product, manufacturer, and/or installer lies solely with the City. The named Manufacturer, Field Superintendent, CIPP Installer, Lateral Cutter, and Boiler Technician must be employed to perform the work, unless changes are specifically authorized by the City.
3. Correction of failed liner or liner pipe deemed unacceptable, as a result of the post video inspection and/or test reports for structural values, thickness, chemical resistance, etc., shall be the responsibility of the Contractor, at no extra cost to the City. Method of correction/repair must be approved by the City with prior field demonstration, if requested by the Engineer. If deemed necessary by the Engineer, corrective actions may include full liner removal and replacement at no additional cost to the City.
Once corrections/repairs are completed a new video inspection will be required at the Contractor’s expense.
4. Th
e finished liner shall be continuous over the entire length of runs (from manhole to manhole or structure to structure as shown on the Plans) and shall be free from visual defects. The finished liner shall meet or exceed the requirements of this specification.
5. The Contractor shall televise the pipe after the liner has been installed, all laterals have been reinstated, all sewer reconnections have been made, and manhole work has been completed as necessary. The original television inspection video tape shall be provided to the Engineer on compatible electronic media. If specialized software is needed to review the videos, it shall be provided to the City at no cost.
The Contractor shall repair all damage found during the reviewing of these final TV inspection video tapes at no additional cost to the City. Damage shall be defined as any leaks, cracks, loose joints, visual defects, and other defects which in the opinion of the Engineer are not acceptable and would impair the serviceability of the new piping system.
6. All materials and work supplied under this section shall be warranted for a period of two years by the manufacturer and the Contractor. Warranty period shall commence upon written notice of completion by the City. The materials shall be warranted to be free from defects in workmanship, design, and materials. If the materials should fail during the warranty period, it shall be replaced or restored to service at no expense to the City.
130-2.03 Submittals: T he Contractor shall submit to the Engineer a complete list of all materials proposed to be furnished and installed before materials are delivered to the job site. The Contractor shall not permit any sewer lining component to be brought onto the job site until the following has been reviewed and approved by the Engineer.
1. Contractor qualifications per Special Provisions Section 130-2.02. Field Supervisor’s and technician’s resume/experience list to demonstrate that experience requirements listed in Item 130-2.02 are met.
Information to include project name, project location, date, contact name with organization, size and footage of pipe lined, and the lining product(s) used.
2. Television inspection reports and video tapes made in live flow prior to ordering CIPP lining per Special Provisions Section 130 or City Standards Section 130.
3. Data, measurements, assumptions and calculations for sizing liners and preliners. Data shall include CCTV of the existing condition of the pipe as taken in live flow prior to set-up of the bypass system per Special Provisions Section 130. Measurements shall include direct measurements of the diameter of the existing pipe as far into the existing pipe as can be accessed from the existing manholes in live flow conditions. Diameter measurements shall be taken from at least two different locations along an existing pipe segment. This information shall be provided prior to:
completing any design calculations, ordering any lining materials, or fabricating any liner materials.
4. Television inspection reports and video tapes made after the bypass system has been set up and is running and the pipes have been cleaned but prior to pipe liner insertion per Special Provisions Section 130 or City Standards Section 130.
5. Contractor’s plan for ensuring compliance with State of California Air Quality requirements. Plan shall include Contractor’s means for air quality testing to ensure compliance.
6. Contractor’s plan for ensuring compliance with City of Santa Rosa Noise Ordinance during lining and activities.
7. Contractor’s plan for procuring water for water cure.
8. Information on all CIPP materials and resins, including CIPP pre-liner as required.
9. Preliner description, preliner splicing recommendations, and identification of supplier as required.
10. Certificate of Compliance from the Manufacturer certifying compliance with the applicable specifications and standards. The manufacturing date of lining materials shall be included in the certification. The batch number of the resin to be used shall also be included in this submittal.
Certification shall be signed by an authorized agent of the manufacturer.
11. Technical data sheets from resin manufacturer. Technical data sheets to include quality control values for viscosity and gel time. Technical data sheets also to include average values for flexural modulus and flexural strength.
12. Certified copies of quality control resin batch test reports. Report to include measured values for viscosity and gel time.
13. Manufacturer's installation instructions and product data.
14. If on-site wet out is used, provide a map showing anticipated location of wet-out plant, and information regarding on-site wet out procedures including all equipment to be used, all chemicals that will be stored and used on the property, and details regarding spill protection as outlined in these specifications.
15. For factory wet-out, Contractor shall provide proof that the quality management system for the wet-out facility is registered in accordance with and conforms to the current ISO 9001 standard. The management system must ensure that proper materials and amounts are used in the resin saturation process and in liner shipping and storage. At a minimum, the quality control documentation shall include resin lot numbers, volumes of resin, c atalyst, enhancers, date of wet -out, storage/transportation controls, and quality assurance procedures.
16. Contractor's procedures including the duration of service shutdown, complete manufacturer’s recommendations for storage procedures, resin application, curing process details and cure schedules (including heat up, hold, and cool down cycles and temperature control for each diameter and CIPP thickness, trimming and finishing at manhole walls, and lateral reinstatement methods.
17. Engineering calculations for the design of the liner thickness. Design calculations shall be checked and approved by a Registered Civil Engineer in the State of California. Liner design calculations shall be supported by field analysis, technical assumptions, requirements of these Special Provisions, and ASTM F1216. Final approval of the design calculations shall be given by the Engineer.
18. Verification of product conformance by third party testing for the chemical resistance and physical testing requirements along with the report of test results.
19. HEAT CURE RESIN: The proposed heating equipment and boiler management operational safety systems for use with the cure process of CIPP along with proof of ownership or executed lease agreements that cover the duration of the contract term. A list of certified boiler technicians approved as operators by the manufacturer or an independent testing agency.
20. Thermocouple sensors and cable that will allow for temperature to be measured at least every three (3) inches along liner during the curing process. Also submit information on software that will be used to record temperature continuously during the curing process.
21. Certification from the manufacturer that the resin/catalyst and tube material comply with the required application, meets the intended service condition and the physical requirements set forth in this specification.
22. Methods, materials, equipment, and procedures to stop existing infiltration into the host pipe prior to lining.
23. Methods, materials, equipment, and procedures to seal annular space between the CIPP and the existing pipe at the manholes or structures (also referred to as the “end seal”) and at all internally reinstated services connections. End seals are required at every manhole or structure including the manholes or structures that are lined through. If a different product is used at manholes or structures that are lined through, submit information on this product also.
24. Sampling procedures and locations for obtaining representative samples of the finished liner.
25. Literature and background information on the independent third-party testing laboratory proposed for testing the physical properties of the installed pipe.
26. Volume of resin required per unit length (gal/foot or liters/meter) to fill the volume of air voids in the tube plus the additional allowance for polymerization shrinkage for each diameter and thickness to be installed on the project.
27. After each impregnation of a tube for an installation, a process record that verifies that the resin impregnation yield matches the required quantity for the diameters and thicknesses.
28. Method for CIPP liner repair (i.e. vacuum holes, etc.).
29. Cure records including the temperatures measured at each thermocouple/sensor. Temperature measurements shall be recorded continuously during the curing process.
30. Proposed hydrostatic head required for insertion of the liner with associated calculations (for water inversion method).
31. Traffic control information.
32. Door hanger and other public notification information.
33. Schedule. Overall project schedule submitted within three days of Notice to Proceed. Updated overall project schedule submitted two days before lining crew arrival on the jobsite.
34. Upon approval of the Engineer, the manufacturer’s recommendations shall become the basis for
acceptance or rejection of actual methods of installation used in the work.
35. Color CCTV video of the pipeline after complete cure of the liner (electronic format) and completion of rehabilitation of each adjacent manhole as required and prior to taking the bypass system offline per Special Provisions (or City Standards) Section 130.
130-2.04 Product Handling:
1. Liner pipes shall be properly stored and handled to prevent damage in accordance with the manufacturer’s recommendations and as approved by the Engineer. Damage includes, but is not limited to, gouging, abrasion, flattening, cutting, puncturing, or ultra-violet (UV) degradation. All damaged materials and pipe rejected by the Engineer shall be promptly removed from the project site at the Contractor’s expense and disposed of in accordance with current applicable regulations.
2. Protection: The Contractor shall use all means necessary to protect sewer lining materials before, during and after installation and to protect the installed work and materials of all other trades.
3. Replacement: In the event of damage, the Contractor shall immediately make all repairs and/or replacements necessary to the satisfaction of the Engineer, at no additional cost to the City.
130-2.05 Existing Sewer System:
1. Active Sewers: The Contractor shall maintain in operating condition all active sanitary sewers encountered in the sewer lining installation.
2. Connections to Existing Sewers and Manholes: The Contractor shall make all required connections to existing sewers and manholes and carry out such work in accordance with local standards and requirements and as directed by the Engineer. Extreme care to prevent debris from entering into existing sewers shall be exercised.
3. The Contractor shall furnish, prior to use of the materials, satisfactory written certification of their compliance with the manufacturer’s standards for all materials and conformance with the methods of the manufacturer and ASTM requirements.
4. Best Management Practices for work at all sites:
• The Contractor shall prepare a Spill Contingency Plan, as part of their Emergency Response plan.
• The plan shall be submitted to the Engineer for approval prior to start of work, Best Management Practices (BMP) measures for work in the vicinity of a creek. The Contractor and Engineer shall meet prior to the beginning of work to discuss the plan.
• The plan shall be on site along with the CIPP Work Plan and working drawings. The following minimum BMPs shall be in place or available whenever the bypass pumping is being performed at sites near a waterway:
a. BMP measures (such as sand bags) shall be implemented around manholes/placement points. b. Manholes or structures adjacent to a creek shall be monitored at all times with radio communication between crew members.
c. Sand bags or straw wattles shall be placed around all areas where the backhoe is operating; d. Sewer manhole will be available for pumping all water used in the curing process or trench draining;
e. The Contractor shall have a safety representative on site for security purposes and monitoring operations;
f. Contractor shall have the equipment necessary on site for building emergency berms or containment basins, as needed;
g. A vac-truck with hoses shall be available on Standby with a minimum response time of 30 minutes if required;
h. A pump truck with hoses shall be available on Standby with a minimum response time of 30 minutes if required.
130-2.06 Cured-In-Place Pipe Lining:
1. The hydraulic capacity of the lined section shall be maintained as large as possible.
2. The liner pipe material shall be designed for use in gravity sanitary sewers and shall be in strict conformance with all applicable sections of ASTM F1216 specifications. All materials and procedures used in the cured-in-place pipe rehabilitation process shall be equal to or exceed the manufacturer's standards. The CIPP design shall assume no bonding to the original pipe wall. The hydraulic capacity of the lined section shall be maintained as large as possible. The pipe liner shall have at a minimum the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition.
3. Preliner Tube: Contractor shall use a preliner tube sized to fit host pipe in areas where active infiltration is present and cannot otherwise be arrested by other means (see Specification Section 130 -2.11, H.) Preliner tube must be composed of 3-ply laminate sheet combining two layers of polyethylene film and high strength nylon cord grid formed into a tube sized to fit host pipe and must be continuous for the entire length of host pipe.
4. CIPP Tube: The tube shall be fabricated to meet the requirements of ASTM F1216 or ASTM F1743, Section 5 and the performance requirements as specified herein. The tube shall be constructed to withstand installation pressures, have sufficient strength to bridge missing pipe, and be capable of stretching to fit irregular pipe sections. Two different types of systems shall be considered for CIPP:
Fiber Felt Tube System or Fiberglass Mat System or approved equivalent. The Engineer shall make any determination of equivalency after being presented with relevant documentation published by the manufacturer of proposed substitution materials. Tubes reinforced with glass or carbon fibers shall be allowed by written permission by the Engineer.
a. Th e tube shall have a uniform thickness that when compressed at installation pressures will meet or exceed the Design thickness.
b. The tube shall be free of tears, holes, cuts, foreign materials, abrasions or other defects and will be subject to inspection by the City.
c. Contractor shall determine the minimum tube length necessary to effectively span the designated run between manholes, unless otherwise specified. Contractor shall field verify the lengths of existing sewer to be lined in the field prior to impregnation of the tube with resin, to ensure that the tube will have sufficient length to extend the entire length of run. d. The minimum length of the flexible tube shall have allowance for proper stretching or shrinkage due to pressure or expansion.
e. Due to corrosion, the existing pipes may have an irregular shape. Before ordering the liner materials, the Contractor shall measure the inside diameter of the existing pipelines in the field so that the liner tube can be custom fabricated to be installed in a tight-fitted condition in the existing pipes. The liner tube shall be sized so as to stretch to fit irregular pipe sections and negotiate bends.
f. The tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No material shall be included in the tube that may cause delamination in the cured CIPP. No dry or unsaturated layers shall be evident. It shall not be possible to separate any layers with a probe or knife blade such that the layers separate cleanly or the probe or knife blade moves freely between the layers. g. Th e outside of the tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 ft. Such markings shall include the Manufacturers name or identifying symbol.
h. Fiber Felt Tube System
1. The felt tube shall be a sewn thermoplastic polyester or acrylic tube consisting of one or more layers of flexible needled felt or an equivalent woven and/or non-woven material capable of carrying resin, and with sufficient needling and cross-lapping and strength to withstand the installation pressures and curing temperatures. The felt tube to be furnished shall be compatible with the resin and catalyst systems to be utilized.
2. The finished lining shall consist of an inner polyurethane and an outer polyester felt layer (or layers) impregnated with a thermosetting resin and fabricated to fit tight against the existing pipe wall. An allowance shall be made for circumferential stretching during inversion.
3. The tube shall be sewn to a size that when installed will tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized.
4. The outside layer of the tube (before wet-out) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate monitoring of resin saturation during the resin impregnation (wet-out) procedure.
5. S eams in the tube shall be stronger than the non-seamed felt.
OR
i. Fiberglass Mat System
Fiberglass Mat System: The tube shall be composed of a high strength, fiberglass mat system capable of retaining resin, contained within a system of polyethylene film on both the interior and exterior. The tube shall have sufficient needling and cross lapping to yield a minimum burst strength of 800 pounds per square inch in transverse directions (hoop stress), and strength to withstand the installation pressures and c uring temperatures. The tube shall be free from tears, holes cuts, foreign materials and other defects, and will be subject to inspection by the City.
5. Resin/Catalyst: The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy and catalyst system that when properly cured within the tube composite meets the requirements of ASTM F1216 and ASTM F1743, the physical properties herein, and those which are to be utilized in the Design of the CIPP for this project. The resin shall produce CIPP which will comply with the structural and chemical resistance requirements of this specification. a. The resin used shall be resistant to abrasion from solids, grit, and sand and be compatible with the rehabilitation process used and designed for a wastewater environment. The resin shall be able to cure in the presence or absence of water, and the initiation temperature for cure shall be as recommended by the resin manufacturer and approved by the Engineer. The resin shall have sufficient properties to obtain non-draining characteristics when impregnated into the fiber fabric.
b. The Engineer shall also be informed in advance, for verification and inspection of the resin material at the "wet out" of the tube. The inspection shall be at the discretion of the Engineer, which shall not relieve the Contractor of their responsibilities. The wet-out procedure shall utilize the resin and catalyst in sufficient quantities to ensure complete impregnation of the liner and provide the properties specified herein. c. If r esin enhancers are proposed for use, the Contractor shall provide testing data to indicate that the enhanced resins meet the requirements for the project. The Engineer can disallow the use of enhancers at no additional cost to the City.
d. The catalyst system shall be compatible with the resin and other materials to be utilized in the rehabilitation process. Quantity and type of catalyst shall be selected based on the curing conditions and recommendations of the resin manufacturer.
6. The chemical resistance of the resin system selected shall have been tested by the resin manufacturer in accordance with ASTM F1216. Exposure to the chemical solution listed below shall result in a loss of not more than twenty percent of the initial physical properties when tested in accordance with ASTM D543 for a period of not less than one month.
CHEMICAL SOLUTION CONCENTRATION, %
Tap Water (pH 6-9) 100
Nitric Acid 5
Phosphoric Acid 10
Sulfuric Acid 10
Gasoline 100
Vegetable Oil 100
Detergent 0.1
Soap 0.1
a. The resin system shall be manufactured by a company selected by the CIPP supplier. Only polyester and vinyl ester resins complying with the following requirements shall be used.
1. Polyester Resin. A resin created by reaction products between isophthalic/terathalic acid, maleic anhydride, and a glycol characterized by reactive unsaturation located along the molecular chain. This resin is compounded with a reactive styrene monomer and reacted together with initiators/promoters to produce cross-linked copolymer matrices.
2. Vinyl Ester Resin. A resin created by reaction products of epoxy resins with methacrylic acid and characterized by reactive unsaturation located in terminal positions of the molecular chain. This resin is compounded with a reactive styrene monomer and reacted together with initiators/promoters to produce cross-linked copolymer matrices.
b. The initiation temperature and duration for cure shall be as recommended by the resin manufacturer. Temperature monitoring devices shall be installed at all exposed portions of the pipe (beginning and end of run- no intermediate manholes shall be allowed) for each inversion or run of installed liner pipe between the host pipe and the CIPP liner. The resin shall have sufficient thixotropic properties to obtain non-draining characteristics when impregnated into the fiber fabric.
c. The catalyst system shall be compatible with the resin and other materials to be utilized in the rehabilitation process. Quantity and type of catalyst shall be selected based on the curing conditions and recommendations of the resin manufacturer. d. The wet-out procedure for the tube shall utilize the resin and catalyst in sufficient quantities to ensure complete impregnation of the liner and provide the properties as specified in this Specification.
7. CIPP Liner Design Criteria
a. The liner material and thickness shall be calculated and designed for use in gravity sanitary sewers and must be in strict conformance with all applicable sections of ASTM F1216 and D5813.
b. The Cured-In-Place Pipe thickness shall be calculated and designed upon the following
physical conditions of the existing pipe to be rehabilitated:
1. All pipes shall be considered fully deteriorated.
2. All pipes shall be subjected to a soil load of 120 lbs./cu. ft., with applicable live load.
3. Pipes in good condition shall have a minimum of 2% ovality in the circumference. A higher value of ovality shall be used if the pipe is deteriorated.
4. Factor of safety (N) of 2.0 shall be used for calculations.
5. Hydraulic Capacity:
(a) Overall, the hydraulic profile shall be maintained as large as possible. The pipe liner shall have at a minimum the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition.
(b) The final pipe inside diameter shall not be less than 58 inches. (c) The new pipe must have a smooth interior with a Manning’s n-value no greater than 0.013.
6. Inside diameter of the existing pipe used in calculating liner thickness shall be as measured in the field, by the Contractor, prior to producing pipe calcs and ordering lining materials so that the liner can be lined in a tight fitted condition. See Section 130-2.08.A.
7. A Modulus of Soil Reaction (E) of 1000 psi shall be used.
8. Assume that groundwater level is at ground surface.
9. H20 highway live loads.
10. External Buckling Design – Acceptable third-party testing and verification of the design analysis techniques (ASTM F1216, Section X1.2.2)
11. The pipe liner shall be designed to bear full pipe loading. Host pipe shall be assumed not to provide any structural support.
12. Minimum service life of 50 years.
c. Finished and Cured Liner Properties
1. The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work and liner will have to be removed and replaced at no additional cost to the City.
2. The finished cured-in-place pipe liner shall fit tightly and neatly against the existing pipe walls.
3. The liner shall be fabricated from materials which, when cured, will be suitable for continuous service in sewerage environments containing hydrogen sulfide, carbon monoxide, carbon dioxide, methane, dilute (10%) sulfuric acid at an average wastewater temperature of 80°F, dilute (10%) phosphoric acid, petroleum hydrocarbons, gasoline, vegetable oil, tap water (pH 6.5 - 9), up to 1 hour per day exposure to 5 percent sodium hydroxide up to a pH of 11, moisture saturation, and external exposure to soil bacteria and chemical attack which may
be due to materials in the surrounding ground or sewage within.
4. The physical properties of the cured liner shall meet the minimum chemical resistance requirements of ASTM F1216, shall conform to the structural standards as listed in Section 76-2.01 D, and with the minimum standard physical properties as follows:
MINIMUM PHYSICAL PROPERTIES
PROPERTY REFERENCE MINIMUM VALUE
Short Term Long Term
Wall Thickness ASTM D
2122
As calculated N/A
Flexural
Strength
ASTM D
790
4,500 psi (polyester)
5,000 psi (vinyl ester)
N/A
Flexural
Modulus of
Elasticity
ASTM D
790
400,000 psi (polyester)
450,000 psi (vinylester)
200,000 psi (polyester)
225,000 psi (vinylester)
Liner shall be homogenous throughout and free of:
a. Serious abrasion, cutting, or gouging of the outside surface extending to more than 10 percent of the wall thickness in depth.
b. Cracks
c. Kinking (generally due to excessive or abrupt bending) d. Flattening
e. Holes
f. Blisters
g. Other injurious defects
5. Liner shall be uniform in color, opacity, density, and other physical properties.
Any lining not meeting these criteria shall be repaired to the satisfaction of the Engineer or rejected at the Engineer’s option.
6. Liner Color: Liner shall conform to the following:
Inside: The interior of the liner shall be light in color. Light blue is acceptable. Proposed color(s) shall be submitted for review and approval prior to the Contractor ordering the liner.
13-2.07 Execution: This section is intended to provide the Contractor with general guidance on the methods to be used to install the sewer pipe using the CIPP liner method. Nothing contained herein shall relieve the Contractor from completing the pipe rehabilitation in the most feasible, efficient and safe manner, using required materials to the lines and grades shown on the Project Plans and to the requirements of these specifications.
130-2.08 Existing Conditions:
A. Site Review
1. Prior to ordering any lining materials, fabrication of any lining materials, the commencement of bypass pumping operations, or the commencement of lining any pipes, the contractor shall:
a. Perform a site review and CCTV video inspection of all pipe segments in live flow per Special Provisions Section 130 . b. Measure the internal diameter of the pipe at two locations along each pipe segment and at locations of active connections and/or any irregularities of the existing pipeline in live flow to verify existing internal pipe diameter.
2. The liner shall be fabricated to a size which, when installed, will neatly fit the internal circumference of the conduit shown on the Project Plans. Allowance for circumference expansion during installation shall be made.
3. The Contractor shall verify that the sewer line shall be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards and the manufacturer’s recommendations.
4. The sections of pipelines to be rehabilitated have been previously inspected by CCTV.
An electronic copy of the video may be obtained from the City by request. This information is not considered part of the contract documents.
B. Discrepancies
1. In the event of discrepancy, the Contractor shall immediately notify the Engineer.
2. The Contractor shall not proceed with the installation in areas of discrepancy until all such discrepancies have been fully resolved with the Engineer and noted in that day’s log.
130-2.09 Field Measurements: The Contractor shall make all necessary measurements in the field to ensure precise fit of items in accordance with the drawings. See Section 130-2.08 of these Special Provisions.
130-2.10 Inspection of Pipe Liner: No pipe shall be lined without proper notification of the Engineer. Each pipe liner shall be subject to inspection by the Engineer immediately prior to installation. Defective liner will be rejected and replaced at the Contractor’s expense.
130-2.11 Preparation: The following installation procedures shall be adhered to unless otherwise approved by the Engineer.
A. Safety
The Contractor shall carry out their operations in strict accordance with all OSHA and manufacturer’s safety requirements. Particular attention is drawn to those safety requirements working with hazardous/combustible materials, scaffolding and entering confined spaces.
B. Air Quality
The Contractor shall carry out their operations in strict accordance with all State and Federal Air Quality requirements.
C. Noise
The Contractor shall comply with the City of Santa Rosa noise ordinance during installation of the CIPP liner. See Special Provisions Section 130-3.01.
D. Cleaning of Sewer Line
1. Standard Cleaning: Prior to pipe rehabilitation and after the bypass system has been set up, the Contractor shall perform an initial sewer cleaning of all silt, debris, grease, roots and other materials that would prevent the proper installation of the liner as defined and accepted by the Engineer. Several passes, if necessary and at no additional cost to
the City, with high-pressure jet cleaning equipment shall be performed until all debris is removed from the pipe to the written satisfaction of the Engineer. If roots are present, root cutters or mechanical brushes shall be attached to the jet nozzle and sent through the line to remove all root intrusions. All spoils shall be removed from the pipe and shall be properly disposed of by the Contractor at the City’s Wastewater Treatment Plant.
E. Inspection of Pipelines
1. CCTV Inspection: After bypass pumping has been set up and is in operation and the sewers have been cleaned to the written satisfaction of the Engineer, the Contractor shall provide experienced personnel trained in locating infiltration, breaks, obstacles and service connections to inspect the pipes via closed circuit color television. The interior of the pipelines shall be carefully inspected to determine the location of any condition which may prevent the proper installation of the liner into the pipeline. Contractor shall report findings to the Engineer in writing so that these conditions can be monitored while being corrected by the Contractor. A DVD or flash drive, and a suitable legible log shall be kept for later reference by the City. See Section 130 of these Special Provisions.
F. Bypassing flow
See Section 130-02 of these Special Provisions.
G. Line Obstruction
It shall be the responsibility of the Contractor to clear the line of obstructions or collapsed pipe that will prevent the insertion of the liner or closed-circuit television camera. If inspection reveals an obstruction that cannot be removed by conventional sewer cleaning equipment or by remotely performed point repair methods acceptable to the Engineer, then the Contractor shall make a point repair by either man-entry methods or excavation to uncover and remove or repair the obstruction via Change Order. Before any point repair via man-entry or excavation is pursued, the Contractor shall give the Engineer three (3) working days-notice. Point repair via man-entry or excavation shall proceed only with the Engineer's written authorization. Protruding laterals shall be removed either internally with a hydro jet cutter or by external point repair, via Change Order. The City may direct additional point repair and obstruction removal based on the pre-installation television inspection above. Point repairs and obstruction removal directed by the City will be added to the work of this Section by Change Order.
H. Existing Pipeline Infiltration and Inflow
It is the responsibility of the Contractor to plug or otherwise stop existing active inflow and/or infiltration in the existing pipeline prior to lining. The Contractor shall demonstrate that inflow and/or infiltration has been arrested by providing CCTV footage of a clean and dry host pipe prior to beginning any lining per Special Provisions Section 130. All work associated with plugging or otherwise stopping existing active inflow and/or infiltration in the existing pipe prior to lining shall be considered as part of the price for CIPP lining. No extra payment shall be provided to the Contractor for this work.
I. Manhole Protection
The Contractor shall protect the manholes or structures to withstand forces generated by equipment, water or air pressure used while inserting the liner. The Contractor shall be fully responsible for any damages to existing structures or utilities caused by the Contractor’s operations.
J. Service Connections
The Contractor shall be responsible for confirming the locations of all branch service
connections prior to installing the pipe liner. Only active connections shall be reinstated. The determination of whether or not a lateral is active will be as determined by the Engineer.
K. Delivery, Storage, and Handling
1. If the flexible tube is impregnated with resin at the factory, it shall be transported, installed, and cured before expiration of the shelf life.
2. Impregnated tube shall be stored and transported under refrigerated, ultraviolet light-free conditions.
3. No cuts, tears, or abrasions shall occur during handling. The Engineer may inspect the tube before it is placed into the host pipe.
130-2.12 Installation:
A. General
1. The Contractor shall be an approved manufacturer’s licensed installer of the proposed pipe liner system.
2. The liner shall be installed through the existing manholes or structures, in accordance with the manufacturer's recommendations and procedures. The finished pipe on mainline reaches shall be continuous over the entire length between manholes or structures as shown on the Plans and be free from visual defects such as foreign inclusions and pin holes.
The ends of the pipe lining shall be cut flush at the outlet point in the manhole or structure by using a rotary cutter, and the ends shall be sealed to the rehabilitated pipeline. Any annular space between the CIPP liner and the rehabilitated pipe shall be filled with the same material as was used to seal the ends of the liner. The sealing material shall be compatible with the pipe liner, host pipe and field conditions (water, humidity etc.), and shall provide a watertight seal.
3. CIPP installation shall be in accordance with ASTM F1216, Section 7, or ASTM F1743, Section 6, with modifications as outlined in this specification.
B. Preliner Installation (as required)
1. The Engineer must witness the installation of each preliner tube. A preliner tube complying with these special provisions must be used to protect against uncontrolled infiltration and may be used to control resin loss and prevent blocked laterals. For long segments, several sections of preliner tube may be spliced together under preliner manufacturer's recommendations to form a tube of adequate length.
2. If t he Contractor fails to install the required preliner tube over the entire segment as required by the Engineer (regardless of physical tests and thickness test results), the Contractor must remove the CIPP from the host pipe, dispose of it at, and install a new preliner and CIPP liner no additional cost to the City.
C. Preparation and Protection of Existing Facilities
1. The Contractor shall protect all existing landscaping, roadways, piping, and any other existing feature of the work area from damage. Any and all required repairs will be made by the Contractor at no additional cost to the City.
2. On site wet out facilities (as necessary) shall be fully contained. A liner or other spill prevention exclusionary material shall be used beneath all wet-out facility equipment, chemicals, and
materials so as to prevent any spills.
3. The Contractor shall provide insulation protection from boiler hoses as necessary. In particular, where boiler hoses are in contact with grass or other landscaping the hoses shall be insulated, elevated, or separated in a manner such that the vegetation will not be damaged by the heat.
D. Wet Out
1. Wet out shall be done either on-site or off-site with the fully impregnated liner trucked to the site. If wet out is done off-site and impregnated liner is trucked to the site, Contractor shall comply with all City and County road ordinances and requirements related to roadway maximum bearing capacity and weight limits.
2. The fiber-felt tube shall be fully impregnated with resin by vacuum. The resin and catalyst systems that are compatible with the requirements of the method shall be used. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowance for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall.
3. The impregnated liner bag shall be transported to and/or stored at the site as needed and stored in such a manner that it will not be damaged, exposed to heat and/or direct sunlight, or result in any public safety hazard. All materials shall be subject to inspection and review prior to installation. The impregnated liner bag must be installed prior to exceeding the resin pot life.
E. Installation of temperature measuring sensors
1. Temperature monitoring devices shall be installed at all exposed portions of the pipe (beginning of run, end of run, and intermediate manholes) for each inversion or run of installed liner pipe between the host pipe and the CIPP liner.
2. Temperature monitoring sensors shall also be installed at least every three (3) inches between the outside of the liner and the host pipe.
a. The temperature gradient across the CIPP liner material and the temperature of the exotherm shall be monitored by remote temperature sensors placed at the interface of the host pipe and the CIPP.
F. Liner Insertion
1. The impregnated tube shall be inserted through an existing manhole or other access approved by the Engineer by means of the installation process. The application of hydrostatic head shall fully extend the tube to the next designated manhole or termination point and inflate and firmly adhere the liner to the pipe wall until the pipe has been fully cured.
2. A liner shall not be installed and terminate at a “blind end” (i.e. in a location other than at an existing manhole or structure). No overlap shall be allowed between two existing manhole structures.
3. The liner shall be installed at a rate less than 10 feet per minute at all times.
4. Where water is used for the liner installation method, the Contractor is responsible for obtaining and paying for the water used. Potable or recycled water may be used for water cure.
G. Curing
1. After liner placement is completed, a suitable heat source and distribution equipment shall be provided. The equipment shall be capable of circulating hot water or steam throughout the section
by means of a pre-strung hose which has been perforated in accordance with the manufacturer's recommendations or other methods acceptable by the Engineer to raise the temperature uniformly above the temperature required to affect a resin cure. This temperature shall be determined by the manufacturer based on the resin/catalyst system employed. The curing of the CIPP must take into account the existing pipe material, the resin system, and the ground conditions (temperature, moisture level, and thermal conductivity of the soil).
2. Water, steam, or air temperature during the cure period shall meet the requirements of the resin manufacturer as measured at the heat source inflow and outflow return lines. At the direction of the Engineer, the Contractor shall provide standby equipment to maintain the heat source supply. The temperature during the cure shall be in accordance with the manufacturer’s recommendation.
3. The initial cure shall be deemed to be completed when inspection of the exposed portions of the CIPP appear hard and sound and the remote temperature sensors indicate that an exotherm has occurred. The cure period shall be of duration recommended by the resin manufacturer during which time the recirculation of the water or steam and cycling of the heat exchanger continuously maintain the required temperature.
4. Temperature shall be maintained during the curing period as recommended by the resin manufacturer and shall follow the heating schedule supplied by the manufacturer and reviewed by the Engineer. During the cure process, the Contractor shall keep logs, charts, and/or graphs of the liner temperatures at the specified locations along the liner to ensure that proper temperatures and cure times have been achieved. The documents may be required by the City at any time during and after the cure process.
H. Cool Down
1. The hardened CIPP shall be cooled to a temperature below 100 degrees F before relieving the static head in the lined pipe and returning normal flow back into the system. The cool down may be accomplished by introducing cool water into the CIPP. Cool down shall be at a uniform and steadily declining rate. Care shall be taken in the release of the static head or pressure so that a vacuum will not develop which could damage the newly installed CIPP.
2. Contractor shall install vertical stand pipe to direct cure off- gas discharge to the highest elevation possible so as to dissipate odors.
I. Finished Pipe
1. The finished product shall be continuous over the length of the pipe reconstructed and be free from dry spots, delamination, and lifts. If these conditions are present, the Contractor shall remove and replace the CIPP at no additional cost to the City.
2. If
the finished product has defects that are deemed repairable by the Engineer, the Contractor may repair these defects at their own expense. See Special Provisions Section 130-2.16.
3. At the manhole walls, a seal shall be applied per Special Provisions Section 130-2.13 and in accordance with manufacturer specifications and approved by the Engineer.
130-2.13 Sealing Liner at Manholes:
A. The manhole connection shall be sealed with a compression hydrophilic end seal gasket compatible with the installed CIPP liner. When the hydrophilic gasket comes in contact with water it must swell to create a 360-degree compression seal between the host pipe and the newly installed CIPP liner at all manhole connections. The swelling that occurs to create the seal between the liner and the
host pipe shall not in any way deform the liner in such a manner that, in the opinion of the Engineer, an obstruction in the flow is created. End Seals shall be Insignia End Seal Sleeves or an approved equivalent. End Seals shall be installed in accordance with the Manufacturer’s recommendations.
Due to potential inconsistencies during the application of chemical grout, hydrophilic caulks or hydrophilic paste, these sealing methods shall not be considered an acceptable alternative.
B. The beginning and end of the CIPP shall be cut flush at the inlet and outlet points in the manhole or at least 3-inches inside the elbow of the rodding inlet, and the ends shall be permanently sealed to the rehabilitated pipeline to prevent any infiltration between the CIPP and the host pipe. Pipe terminations into each manhole or rodding inlet shall be sealed with a resin mixture that is recommended by the liner manufacturer that is compatible with the liner/resin system, host pipe, field conditions and provides a watertight seal, and is approved by the Engineer prior to start of construction. Hydraulic cements and quick-set cement products are not acceptable. Acceptable materials shall be approved epoxy type products that will bond, not crack, dry up, slough off, or shrink in time, and provide a good transition in the manholes. A bladder or other means shall be relied upon to seal the tapered end of the liner to the host pipe. Sealing shall be performed at no additional cost to the City.
C. Restore manhole bottom and invert.
D. If, due to a broken or offset pipe at the manhole wall, the liner fails to make a tight seal, the Contractor shall apply a seal at that point. The seal shall be a resin mixture compatible with the liner material. The cost for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in providing a water tight seal between the liner and the manhole shall be considered as included in the contract prices paid for sanitary sewer main pipe liner installation and no additional compensation will be allowed therefore.
130-2.14 Field Testing:
A. Unless an alternative test method is approved by the Engineer prior to lining, the Contractor shall test the new liner via the following methods.
Obtain samples of the installed cured liner according to ASTM F 1216 for short term flexural strength and short -term flexural modulus of elasticity. Analyze according to ASTM D 790. All materials testing shall be performed at the Contractor’s expense and by an independent third- party laboratory recommended by the manufacturer and pre - approved by the City. Test shall be conducted at a minimum of one location per CIPP inversion. Test samples shall be taken from the downstream manhole. Flat plate samples per ASTM F1216 are acceptable for this project.
B. The Contractor shall also remove a sample from each pipe segment to be used to check the liner thickness, by core drilling 2- inch diameter test plugs at locations specified by the Engineer.
The Contractor shall repair sample holes per manufacturer’s recommendations.
C. A sample of cured liner from the testing shall be subject to delamination tests by aggressively prying and separation into layers with a knife or sharp-edged instrument. No separation shall be possible. Results shall be included in the report above.
D. The laboratory results shall identify the test sample location as referenced to the nearest manhole. Final payment for the project shall be withheld pending receipt and approval of the test results. If properties tested do not meet minimum requirements, the CIPP shall be removed and replaced at no additional cost to the City.
130-2.15 Post-Televising of Completed Work:
A. Submit to the Engineer a color CCTV video showing completed work (electronic format) per Special
Provisions Section 130.
B. Correction of failed CIPP or CIPP deemed defective by the Engineer from post- installation television inspection shall be repaired at no extra cost to the City. Method of repair, which may require field or workshop demonstration, shall be as approved by the Engineer.
C. If the liner fails to install properly, the Contractor shall remove the failed liner and replace it with a new liner. This work shall be performed at the Contractors expense without additional cost to the City. The new liner shall also meet the testing requirements as specified herein.
D. Any defects which will affect the integrity or strength of the liner shall be repaired at the Contractor’s expense. Allowance shall be given for the excess pipe when the cross- sectional area has been reduced due to offset joints, partial collapse, out-of-round sections, etc.
130-2.16 Repair Procedures: Prior to any required repairs taking place, proposed means and methods for the repair shall be submitted by the Contractor to the Engineer for review and approval. The repair plan must include information adequate to describe repair methods in the same way as described in pre-installation information submittal. The Contractor may submit to use one or more of the following repair methods or submit their own repair method for review and approval by the Engineer:
1. If concentrated wrinkles/ridges fall outside the 120-degree invert arc and the Contractor demonstrates that grinding does not compromise CIPP structural integrity or reduce CIPP thickness below submitted calculated minimum thickness, the Contractor may grind concentrated ridges to required tolerance. After grinding to required tolerance, coat the ground area with manufacturer's approved resin or epoxy compatible with the liner material. At the end of each work day dispose of any residue generated from grinding.
2. If the Engineer approves, the Contractor may make internal spot repairs to CIPP. Internal spot repairs may be made using the approved fabric and resins compatible with CIPP to restore strength and integrity.
3. If CIPP does not fit tightly against host pipe at termination point, fill space between CIPP and host pipe with any of these:
a. Quick-set epoxy mortar
b. High viscosity epoxy
c. Hydrophilic vulcanized expansive rubber strip
Material(s) used shall be compatible with CIPP, host pipe and field conditions. Any CIPP that, in the opinion of the Engineer, may affect the flow at or near the invert shall be corrected to the satisfaction of the Engineer.
4. If the Engineer orders, the Contractor must use repair methods in Table 2 at their own expense.
Table 2
Defect Repair Method
Wrinkles or ridges exceeding 5% and up to
8% of pipe diameter outside of 120-degree
invert arc.
Wrinkles or ridges exceeding 2% and up to 8%
of pipe diameter inside of 120-degree invert arc
(except corrugations in CMP).
Grind to required tolerance. Repair grinded area with
resin/epoxy compatible with the CIPP lining material.
Grind to required tolerance within the lower 120 degrees of pipe. Repair grinded area with resin/epoxy compatible with the CIPP lining material. Apply point repairs where needed to maintain minimum liner thickness, or else use procedure in accepted repair plan.
If wrinkles or ridges exceed 8% of pipe diameter,
you must remove CIPP.
Holes, tears, soft spots, and lifts up to 6
inches in major dimension.
Delaminated areas up to 12 inches in major
dimension; blistering or bubbling of the
coating on CIPP surface present over a
maximum of 5% of surface area.
Make point repair under manufacturer’s
recommendations.
If defect covers a larger area than specified, you
must remove CIPP.
CIPP thickness less than calculated
minimum thickness.
You must remove CIPP. If groundwater conditions
allow, you may install a second CIPP within the first
CIPP that produces a similar dimension ratio to the first CIPP, or else use procedure in accepted repair plan.
.
Annular space at lateral connection or at end
of CIPP or infiltration at lateral opening.
Seal with quick-set epoxy mortar, high viscosity epoxy
or a hydrophilic vulcanized expansive rubber strip.
5. For existing manhole II2717MH56 which is currently lined with CIPML, the contractor shall complete the following:
a. Clean existing CIPML with detergents that will not harm or otherwise affect the existing CIPML. Cleaning shall remove existing debris, dirt, and grease. b. Locate areas along the surface of the existing manhole liner that are gouged or otherwise damaged. Document locations with photographs. c. Abrade surface of damaged areas.
d. Coat abraded/damaged areas with epoxy that is compatible with CIPML material. e. Document repair with photographs (before and after).
130-2.17 Final Clean-up:
A. Clean-up
1. The Contractor shall restore or replace all removed or damaged SSMHs cones, paving, curbing, sidewalks, gutters, street median, landscaping, fences, sod and any other disturbed surfaces or structures to a condition equal to that before the work began, to the satisfaction of the Engineer and appropriate property owner and shall furnish all labor and material incidentals as necessary.
2. Surplus liner material, tools and temporary structures shall be removed by the Contractor.
All dirt, rubbish and excess earth from operation shall be legally disposed of by the Contractor and the construction site shall be left clean to the satisfaction of the Engineer. 130-2.18 Payment: The actual quantity of CIPP cleaning and installation to be paid for will be the length measured from center of manhole to center of manhole along the finished grade to the nearest foot. CIPP purchased and/or installed by the Contractor in excess of the measured amount will not be paid for by the City.
66” Pre-CIPP Sewer Cleaning shall be paid for at the contract linear foot price, which price shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved as described herein, including but not limited to, sewer cleaning of the 66” pipe to remove all debris, grease, roots, and other materials that would prevent the proper installation of the liner (as defined and accepted by the Engineer); several passes, if necessary, with high-pressure jet cleaning equipment; use of root cutters or mechanical brushes attached to the jet nozzle and sent through the line to remove all root intrusions (as necessary); all spoils removal from the pipe; and all spoils disposal.
66” CIPP Liner Rehabilitation shall be paid for at the contract linear foot price, which price shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved as described herein, including but not limited to, manhole removal, modification and reconstruction (if required to gain access to the pipe); temporary and permanent paving; testing; repair; and any other items necessary for cured-in-place lining not specifically enumerated in these specifications, and no additional allowance will be made therefor.
130-02 BYPASS PUMPING
130-02-1.01 Description: The Contractor shall provide bypass pumping and/or diversion as required to maintain flows for sewer manhole rehabilitation, diversion structure rehabilitation, and CIPP lining works.
Bypass pumping shall consist of furnishing, installing, and maintaining all equipment, tools, power, dams, plugs, piping and anything else (both primary and back up units) required to maintain existing flows and services without interruption.
All provisions of City of Santa Rosa noise ordinance shall apply.
Anticipated flows are as follows:
Flow Description Definition Peak Flow Rate (MGD)
Dry Weather April 15th – October 15th 16
Wet Weather October 16th – April 14th 24
The Contractor shall size the bypass pumping system for the Llano trunk to handle the Peak Wet Weather Flow (PWWF) listed above. Wet weather (defined as post October 15 th) peak flows are anticipated to be approximately 1.5 times the peak dry weather flows. If unanticipated rain results in increased flows during the bypass pumping operation, exceeding that listed above, the Contractor shall be responsible for accommodating all increased flows within the bypass system and scope will be considered extra work.
Wet weather (defined as pre- April 15th and post October 15th) peak flows are anticipated to be approximately two times the peak dry weather flows. The Contractor shall use due diligence to complete the work on time and within schedule (outside of the wet weather period). If the Contractor’s work goes beyond the October 15th deadline, then Contractor shall be liable for any additional costs associated with bypass pumping wet weather peak flows. If unanticipated rain results in increased flows during the bypass pumping operation within dry weather period between April 15 and October 15, the Contractor shall be responsible for accommodating all increased flows with the bypass system. Augmentation to the bypass pumping operation to accommodate unanticipated wet weather flows after April 14th and prior to October 16th will be paid for as extra work.
Suggested bypass routes and bypass piping quantities shown on Project Plans are for bidding purposes only.
The City has obtained additional temporary construction easements where needed and a copy of those documents are contained as an appendix to these specifications. The Contractor shall provide and operate all temporary facilities to intercept the sewage flow bypass flow around the work area and maintain traffic control in the work areas.
130-02-1.02 General Requirements: The following requirements may be incorporated in the submitted bypass plan:
Bypass piping shall be laid above ground unless otherwise specified herein or in the Project Plans.
Bypass piping shall be trenched underground at the Todd Road and Llano Road crossings. If the pipeline is shallow buried, the Contractor may elect to either use skid resistant trench plating or temporary backfill and paving. It is the responsibility of the Contractor to ensure all the bypass components are capable of sustaining (H20) traffic loads.
Where bypass piping is aligned along any bridge a temporary K-rail shall be installed between the piping and the traffic Jane. K -rail shall be located approximately at the bike Jane striping, a minimum of six -inches away from the proposed bypass pipe. K -rail shall be water -filled, high- density polyethylene barriers, weighing a maximum of 225 pounds per lineal foot. Bypass piping
shall weigh a maximum of 285 pounds per lineal foot, including the weight of sewage in the pipes.
Contractor is responsible for ensuring that all lateral flow into the existing trunk sewer system to be bypassed has been intercepted and handled be the bypass system.
Where required for bypass pumping operations, the Contractor shall remove and replace concrete work. A smooth, ADA compliant, temporary AC patch shall be provided where necessary and as shown on the exhibits during construction. New concrete work shall conform to existing AC pavement. Sidewalk and ramps shall be four-inch Class A P.C.C on 2 inches of sand.
Plugs shall be pressure rated to withstand the pressure head in the system. Plugs shall be provided with a retrieval tag line. Upon completion, installed temporary plugs shall be removed gradually and sequentially at one location per day to control reintroduction of flow and facilitate maintenance and overall system functionality. Bypass plan shall include detail for removal of plugs. Plugs shall be selected and installed according to size of line to be plugged, pipe and manhole configurations, based on specific rehabilitation area. Additional plugs shall be available on site in the event a plug fails.
Air release valves shall be set into and surrounded by a double spill containment system.
Discharge and suction pipes shall be sized according to flow calculations, system operation, pump size and manhole depths following manufacturer’s specifications and recommendations.
Surcharge of existing sewer pipes shall not exceed two feet above the pipe crown.
Where required for bypass pumping operations, the Contractor shall remove and replace concrete (PCC) work. New concrete work shall conform to existing AC pavement. All concrete (PCC) work shall be per all applicable City Standards and specifications contained herein.
A smooth, ADA compliant, temporary AC trench paving which matches the existing line and grade shall be provided where necessary during construction.
Provide minimum 12 feet driveway access for each property in the vicinity of bypass areas.
Existing fences affected by bypass piping shall have temporary fences installed.
At least one (1) spare pump and one (1) spare generator are required to ensure 100% redundancy for all pumps and power sources. The spare equipment shall be plumbed to bypass, ready to operate if needed.
100% redundancy is required for all temporary plug applications.
Bypass pumping shall be done in such a manner as will not damage private or public property or create a nuisance or public health menace. Pumps and generators used during bypass operations shall be sound attenuated and shall not exceed noise decibel limits per City noise ordinances. The pumped wastewater shall be in an enclosed hose or pipe that is adequately protected from traffic and shall be redirected into the sanitary sewer system. Dumping or free flow of wastewater on private property, gutters, trenches, streets, sidewalks, or into storm sewers is prohibited. The Contractor shall be liable for all damages associated with this work. After the work is completed, flow shall be restored to original conditions and temporary facilities removed.
Keep and maintain spare parts for pumps and piping on site, as required. The Contractor shall perform leakage and pressure tests of the bypass pumping discharge piping using clean water prior to the actual operation. The pressure and leakage test shall be conducted at one -and-a-half times
the maximum pressure the system will experience based on the approved Bypass Pumping Plan for a period of two hours. No leakage is permitted during this test.
Noise Attenuation: All components of the bypass pumping system including standby pumps, shall be sound-attenuated and shall produce noise emissions less than 60 decibels as measured 60- feet away, if bypass pumping is required between the hours of 6 PM and 7 AM. Additional noise attenuation systems may consist of an exterior sound blanket containment system or exterior sound fence system.
130-02-1.03 Submittals:
1. Bypass pumping and/or diversion systems provided by the Contractor shall be designed by a CA registered professional engineer.
2. The Contractor shall submit bypass pumping and/or diversion plans, schedule and design flow calculations for review by the Engineer at least ten (10) working days prior to planned commencement of bypass or diversion. The bypass pumping and/or diversion plan shall include documentation of pump and discharge line capacities, manufacturer, and age. Location of air release valves shall be depicted on the bypass plan. Sound attenuation measures shall be included in the plan. Air release valves shall have discharge piping plumbed to a container to contain sewer leaks. Air release valves shall not be installed over the pipe bridge. Plan s shall depict the bypass system to be actually constructed in the field including all suction elevations, grade changes, etc.
3. The Contractor shall be responsible for determining the required quantity, location and types of temporary plugs to fulfill the requirements of the Specifications. The Contractor shall submit a plan, describing said requirements, at least ten working days prior to installation for review by the Engineer.
4. Bypass pumping and/or diversion plans shall include an emergency response plan to be followed in the event of a failure of the bypass pumping and/or diversion system. The Contractor shall notify the Engineer 24 hours prior to commencing the bypass pumping operation. The Contractor’s plan for sewage bypass pumping and/or diversion shall be approved by the Engineer before the Contractor shall be allowed to commence sewage bypass pumping and/or diversion.
5. The bypass pumping plan shall include an emergency discharge response plan to be followed in the event of a failure of the bypass pumping system which shall include standby pumps.
6. Flow bypass system design as provided by the Contractor shall be a depiction of the bypass system to be actually constructed in the field including all suction elevations, grade changes, etc. and shall be designed by a CA registered professional engineer
7. The Contractor shall submit a traffic control plan that shows adequate protection of the proposed bypass equipment from vehicular and foot traffic within or adjacent to the travelled way.
8. Bypass plan shall include detail for removal of plugs.
9. The Contractor shall be responsible for determining the required quantity, location and types of temporary pneumatic plugs to fulfill the requirements of the Specifications. The Contractor shall submit a plan, describing said requirements, at least ten working days prior to installation for review by the Engineer.
10. Sewer spill prevention plan for, flushing, cleaning, disassembling, handling and removal of bypass system.
11. The C ity will contract with a third -party CA registered professional engineer representative to review the bypass pumping plan.
130-02-2.01 Preparation: Bypass pumping shall consist of furnishing, installing, and maintaining all power, plugs, primary and standby pumps, appurtenances and bypass piping required to maintain maximum flows and services.
All bypass pumping components and sound attenuation components shall be installed and maintained in such a manner so as not to damage private or public property or create a nuisance or public menace. This includes erosion or scouring of the receiving manhole. The pumped sewage shall be in an enclosed hose or pipe that is adequately protected from traffic and shall be redirected into the sanitary sewer system.
Dumping, leaks or free flow of sewage on private or public property, gutters, streets, sidewalks, creeks, streams or into storm sewers is expressly prohibited.
Where undergrounding bypass pumping is required, bypass pipe must be capable of withstanding compaction and H20 traffic loading.
All pumps shall be set into or surrounded by spill containment devices. Existing drain boxes shall be protected by sandbags to prevent flow entering storm drain. All devices and material proposed for spill containment use shall be submitted for acceptance.
Provide onsite portable lights for emergency use only.
Provide standby power facilities for emergency use if pumps are equipped with electric motors.
The Contractor shall take all necessary precautions including constant continual manned monitoring, during bypass pumping operations, to ensure that no private residences or properties are subjected to a sewage backup or spill and to ensure that the bypass system is secure. The Contractor shall be resp onsible for providing the appropriate and required amount of personnel for monitoring of entire bypass system.
Monitoring personnel shall be qualified with a minimum 3 years of experience in the specified bypass pumping operations. The Contractor shall immediately notify the City should a sanitary sewer overflow (SSO) occur. The Contractor shall be liable for all cleanup, damages, and resultant fines in the event of a spill.
After the work is completed, flow shall be restored to normal.
130-02-2.02 Materials:
1. Discharge and suction pipes shall be sized according to flow calculations, system operation, pump size and manhole depths following manufacturer’s specifications and recommendations.
2. Bypass pipe material shall be HDPE (ASTM F714), high density sol id wall, homogenous throughout, free of visible cracks, discoloration, pitting, varying wall thickness, holes, foreign material, blisters, or other deleterious faults. DR rating of the pipe shall be sufficient to withstand the external and internal loads anticipated, including pressure tests.
3. HDPE fittings shall be fully pressure rated to match the pipe DR pressure rating.
4. Flexible hoses, couplings and connectors, shall be abrasion resistant and rated for external and internal loads anticipated, including pressure tests.
5. Bypass Pumping: Pumps shall be fully automatic self -priming units that do not require the use of foot-valves or vacuum pumps in priming system.
6. Provide necessary start/stop controls for each pump. Pumps shall be able to allow dry running for long periods of time to accommodate cyclical nature of effluent flows.
130-02-2.03 Bypass plugs and flow diverters:
1. Plugs shall be selected and installed according to size of line to be plugged, pipe and manhole configurations, based on speci fic rehabilitation area . Redundancy is required for all temporary pneumatic plug applications. Backup plugs shall be available to use in the instance of a failed primary plug. Plugs shall be pressure rated to withstand the pressure head in the system. Plugs shall be provided with a retrieval tag line. Upon completion, installed temporary pneumatic plugs shall be removed sequentially at one location per day to facilitate maintenance and overall system functionality.
2. The Contractor shall be responsible for determining the required quantity, location and types of temporary pneumatic plugs and flow through diverters to fulfill the requirements of these Special Provisions. The Contractor shall submit a plan, describing said requirements, at least ten working days prior to installation for review by the Engineer. Plugs and flow -through diverters shall be as manufactured by Plug-It Products, Lansas Products or approved equal. Plugs and diverters shall be pressure rated and installed such that they withstand 30 feet of head or the anticipated pressure head in the system, whichever is greater. Plugs and diverters shall be installed to resist sliding 100% redundancy is required for all temporary pneumatic plugs and flow-through diverters (on upstream side) applications installed in the existing sewers. To achieve redundancy, two plugs shall be used.
Flow-through diverters shall have redundant bladders. Plugs and diverters shall be tethered by a chain; the chain must be shorter than the inflation hoses between the two plugs such that it prevents the inflation hoses from being stretched apart during inflation. The chain shall be rated to withstand the thrust pressures in the system. The inflation line for the first plug must pass through the second plug. Inflation hoses shall be long enough to reach the surface and shall be furnished with gauges located such that they are easily visible. Plugs and flow -through diverters shall be installed in accordance with the manufacturer's recommendations. It is anticipated that the pipes will be flowing approximately 1/3 full. Plugs shall either be installed upstream or downstream.
3. Bypass plan shall include calculations for thrust pressure and shall detail restraint systems, diverters and bracing for diverters capable of withstanding the determined thrust pressure.
130-02-3.01 Payment: Bypass Piping System shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved to install a bypass piping system, including but not limited to; installation of below and above ground discharge system; installation of security fencing; notification, security, coordination; temporary and permanent trench paving associated with bypass piping system, per City Std. 215; ramp or other means with which to protect bypass pipe at contractor crossing location; obtainment, usage and disposal of construction water; excavation, backfill and compaction; manhole removal, modification and reconstruction of existing manhole affected as a result of bypass operations per City Std. 500 (if required to gain access to the pipe); replacement of traffic strips and disturbed traffic markings; spoils disposal; steel plating (if needed); removal and reinstallation of existing fencing (if needed), and all efforts required to run and maintain the bypass system per these specifications; removal of entire bypass piping system and to return surface conditions to pre-project condition; and any other items necessary for a bypass piping system not specifically enumerated in these specifications, and no additional allowance will be made therefor.
Bypass Pumping Mobilization and Demobilization shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved to mobilize, install, remove and demobilize bypass pump system, including but not limited to; notification, security, coordination; installatio n and removal of bypass suction lines and distribution lines (from pump to connection vault); installation and removal of plugs and diverters; manhole removal, modification and reconstruction of existing manhole affected as a result of bypass operations per City Std. 500 (if required to gain access to the pipe); steel plating (if needed), return surface conditions to pre-project condition; and any other items necessary for bypass pumping mobilization and demobilization of Pump Sta. #1 not specifically enumerated in these specifications, and no additional allowance will be made therefor.
Bypass Pumping System shall be paid for at the contract unit price per calendar month, which price shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved to operate bypass pumping system, including but not limited to; operate bypass pumping and standby equipment and appurtenances ; installation of exterior sound fencing system; constant continua l manned monitoring during bypass pumping operations; and any other items necessary for an operating bypass system not specifically enumerated in these specifications, and no additional allowance will be made therefor. For durations less than a month payment shall be made by the percent of the month that the pump station has been in operation.
The estimated bypass piping quantities shown on the Project Plans are for bidding purposes only. This quantity may be increased or decreased based on field conditi on evaluation by the Contractor, and no adjustment in the contract bid price or other contract items will be made therefor.
13 Response to Comments, Final IS/MND, and MMRP. Following completion of the 30-day public r
eview period, respond to agency and public comments submitted on the IS/MND. An electronic copy of the Response to Comments will be provided to the City for review.
Prepare the Mitigation Monitoring and Reporting Program (MMRP) for the Project.
Prepare a PDF version of the Final IS/MND including the Response to Comments, MMRP, and Appendices. The Final IS/MND will be submitted to the City for review electronically.
Prepare the Notice of Determination (NOD) for the City to review and signature and file the NOD with the County Clerk within five days of Project approval Attend one public hearing on the Final IS/MND.
Task 5.2 – Permitting Analysis
Evaluate local, state, and federal permits applicabl e to the Project. Provide a memorandum that justifies the inclusion or omission of the following permits and identifies any additional permits needed:
• California Department of Fish and Wildlife Incidental Take Permit for California tiger salamander, Sebastopol meadowfoam, Burke’s goldfields, and Sonoma Sunshine • California Department of Fish and Wildlife Lake and Streambed Alteration Agreement • State Water Resources Control Board 401 Permit
• Army Corps of Engineers 404 Nationwide Permit
• United States Fish and Wildlife Services – Section 7 Consultation for California tiger salamander, Sebastopol meadowfoam, Burke’s goldfields, and Sonoma Sunshine • National Marine Fisheries Services – Section 7 Consultation • County of Sonoma Encroachment Permit
• County of Sonoma Roiling Permit
• Tribal Consultation under Assembly Bill 52
Task 5.3 – County of Sonoma Coordination & Encroachm
ent Permit
Provide a site plan that meets the requirements outl ined on Permit Sonoma’s website and traffic control plan that meets Caltrans MUTCD standards along with all other required information listed on the Permit Sonoma’s Website. The City will submit the application and pay the permit fee.
Prepare for an attend meetings with the County to support the City when discussing the bypass pumping alignment or road rehabilitation. Provide supporting documentation or figures, as needed.
14 Task 5.4 – California Department of Fish and Wildlife Incidental Take Permit Conduct early coordination with the USFWS and CDFW t o discuss the appropriate permit pathway and the feasibility of a Consistency Determination based on project description and mitigation approach.
If a Consistency Determination is determined to not be suitable or potential risks for project timeline are too great, we will prepare a CFGC 2081 ITP application. Components included in the ITP application include:
• Discussion of life history of potentially affected species; • Project background and description;
• Discussion of related requirements of CESA;
• Discussion of potential impacts, avoidance, and minimization measures; • Discussion of means to demonstrate compliance with avoidance and minimization; • Measures and funding provided for compliance with the measures; • Figures and tables to support the application; and
• Adequate mitigation for potential impacts.
A draft of the ITP application will be prepared for client review and comment. With client approval, the final version will be submitted to CDFW. Following ITP application submittal, we will coordinate with CDFW staff to ensure timely review and approval of the ITP.
Task 5.5 – Additional Environmental Permitting
C
orps Permit Application – Section 404 CWA. Prepare the Clean Water Act Section 404 permit a
pplication for submission to the Corps. The impacts to jurisdictional areas are anticipated to be less than 0.5 acre, and under current regulatory guidelines, the project should qualify under the Corps’ Nationwide Permit (NWP) program. The permit application will address potential impacts to Corps jurisdiction and the necessary permit requirements, including:
• Basic notification requirements as to site location, project description, and type and amount of fill in potentially jurisdictional areas;
• Appropriate plan and cross-sectional view figures that show proposed impacts to jurisdictional areas;
• Biological Assessment to support consultation with the USFWS; • Section 404 delineation map;
• Mitigation concept;
• Anticipated schedule for project construction;
• Planned avoidance and minimization measures.
15 This task assumes the cultural report prepared during the CEQA process will be sufficient for Section 106 compliance and no additional report needs to be prepared. A draft of the application package will be prepared for review and comment. With approval, a final version will be submitted to the Corps. We will respond to any questions or comments the Corps may have concerning the Project. Following application submittal, WRA will coordinate with agency staff to ensure timely review and approval of the application.
RWQCB Permit Application – Section 401 CWA. Prepare an application for a Clean Water Act S
ection 401 permit for submission to the RWQCB. The permit application will address potential impacts to RWQCB jurisdiction and the necessary permit requirements, including:
• Basic notification requirements as to site location, project description, and type and amount of fill in potentially jurisdictional areas;
• Appropriate plan and cross sectional view figures that show proposed impacts to jurisdictional areas;
• Section 401 delineation map;
• Mitigation proposal;
• Anticipated schedule for project construction;
• Planned avoidance and minimization measures;
• Information regarding post-construction stormwater management based on the project’s stormwater management plan (if applicable); and • Completed CEQA documents.
This task includes time for one pre-application meeting with the RWQCB. A draft of the application package will be prepared for review and comment. With approval, a final version will be submitted to the RWQCB. We will respond to any questions or comments the RWQCB has concerning the Project. Following application submittal, we will coordinate with agency staff to ensure timely review and approval of the application.
Alternatives Analysis and Watershed Analysis per New
State Wetlands Policy. Under the current
s
tate wetlands policy, the RWQCB is requiring alternatives analysis reports for most project approvals. The format of the analysis will follow the U.S. Environmental Protection Agency’s Section 4040(b)(1) Guidelines. This project is likely in Tier 3 due to potential impacts to endangered species which requires an in-depth evaluation. It is assumed the project will have some impact on wetlands.
We will identify onsite alternatives that consider reduced impacts to jurisdictional features and engage with the RWQCB early in the process to determine the correct Tier and corresponding alternatives analysis. Descriptions of each alternative will be analyzed to determine if the
16 preferred alternative is the most appropriate design in terms of project design functions and least environmental impact. A draft of the alternatives analysis will be prepared for review and comment. With approval, the final version will be submitted to the RWQCB.
In addition, the state wetlands policy requires analysis of the watershed where impacts will occur. This is to determine what effects, if any, the impacts will cause to the watershed. We will prepare the analysis with a draft for review and a follow up final version to be submitted with permit applications.
Section 7 Biological Assessment (BA). It is anticipated that formal consultation with the USFWS
will be required pursuant to Section 7 of the Endangered Species Act for potential adverse effects to federal listed plants and wildlife, including unoccupied plant habitat and potentially occupied CTS habitat. A BA report specific to endangered species issues in the specific format required by USFWS will be prepared. A draft of the BA will be submitted to the City for review and comment. With City approval, the final version will be submitted to the Corps for interagency consultation with the USFWS. Following application submittal, we will coordinate with agency staff to ensure timely review and approval of the BA.
Mitigation Planning / Coordination. Facilitate the purchase of mitigation bank credits for
mitigation needs from an agency-approved bank. Work with the City to coordinate with bank operator(s) to obtain information regarding credit sales and to secure bank credits for required mitigation. This may include assistance with identifying which mitigation banks have credit availability and pricing, filling out credit purchase application forms, review of bills of sale or other agreements, and provide comments, if any. Assist in coordination with USFWS and CDFW pertaining to the credit sale(s), if necessary.
T
ask 5 Deliverables
• Jurisdictional Wetlands Delineation
• Biological Resources Assessment Report
• Rare Plant Survey Final Report
• Draft IS/MND
• Response to public comments
• Final IS/MND
• Mitigation, Monitoring, and Reporting Plan
• Permitting Analysis Memorandum
• Sonoma County Encroachment Permit
• CDFW ITP
• Section 404 Permit Application/Permit
17 • Section 401 RWQCB Permit Application/Permit
• RWQCB Alternatives Analysis
• RWQCB Watershed Analysis
• USFWS Biological Assessment
Task 5 Assumptions
• City will secure access to all portions of the Proje ct site as needed. • The City will provide any previous environmental rep orts prepared for the Project. • The City will be responsible for all consultation un der AB 52. • The City will provide a mailing list for circulation of the NOI. • No noise monitoring will be conducted to characteriz e the ambient noise conditions. • The City will be responsible for payment of all requ ired filing and review fees. • Changes to the Project Description by the City that require revisions to the Administrative or Screencheck Draft (or any draft prior to publication of the document for public review) may result in additional costs not covered in this scope. • The IS/MND will not require any technical studies ou tside of those listed above; additional studies if required by the City or reviewing regulatory agencies would be covered under a separate scope and budget.
• It is assumed that no more than one round of review
on the Administrative Draft will be
required by the City.
• The City will be responsible for helping prepare the mailing list for noticing and pay for any notices in the local newspaper.
• The fee assumes 32 hours to respond to any comments on the Draft IS/MND. • No more than two rounds of review on the Response to Comments will be required by the City.
• City will provide any previous correspondence with f ederal, state, or local agencies that relate to the Project and/or Project site.
• Because the protocol is a two-year rare plant survey , it is expected that the surveys conducted by the City in 2023 will be sufficient for the first year of the protocol. • The City will pay for any permit application fees.
• The City will submit the Sonoma County Encroachment Permit application
C02403 Llano Trunk PDB Contract
Final Audit Report 2024-01-17
Created: 2024-01-17
By: Allyson Gonyo ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA5pgRzORZ63UuekbRDIZaxck8k5TmBrYF "C02403 Llano Trunk PDB Contract" History
Document created by Allyson Gonyo ([email protected])
2024-01-17 - 9:30:17 PM GMT
Document emailed to Joe Feuerborn ([email protected]) for signature 2024-01-17 - 9:39:51 PM GMT
Document emailed to Boyd Hirtz ([email protected]) for signature 2024-01-17 - 9:39:51 PM GMT
Email viewed by Joe Feuerborn ([email protected])
2024-01-17 - 10:00:28 PM GMT
Email viewed by Boyd Hirtz ([email protected])
2024-01-17 - 10:07:34 PM GMT
Document e-signed by Joe Feuerborn ([email protected]) Signature Date: 2024-01-17 - 10:12:24 PM GMT - Time Source: server Document e-signed by Boyd Hirtz ([email protected])
Signature Date: 2024-01-17 - 10:32:09 PM GMT - Time Source: server Agreement completed.
2024-01-17 - 10:32:09 PM GMT
C02403 Llano Trunk PDB Contract
Final Audit Report 2024-01-18
Created: 2024-01-17
By: Allyson Gonyo ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAIbJ2l8Bko_NrOddVJe4_SlQirrzVJ2qZ "C02403 Llano Trunk PDB Contract" History
Document created by Allyson Gonyo ([email protected])
2024-01-17 - 11:07:36 PM GMT
Document emailed to Jessica Mullan ([email protected]) for signature 2024-01-17 - 11:08:58 PM GMT
Email viewed by Jessica Mullan ([email protected])
2024-01-18 - 0:48:52 AM GMT
Document e-signed by Jessica Mullan ([email protected]) Signature Date: 2024-01-18 - 0:49:06 AM GMT - Time Source: server Agreement completed.
2024-01-18 - 0:49:06 AM GMT