Sebastopol City Council
March 1, 2022

CITY OF SEBASTOPOL

CITY COUNCIL

AGENDA ITEM
Meeting Date: March 1, 2022
To: Honorable Mayor and City Councilmembers
From: Mario Landeros, Interim City Engineer
Subject: First Street Water Main Replacement Project 2021-02 Recommendation: Approval of Plans and Specifications and Authorization to Bid First Street Water Main Replacement Project 2021-02
Funding: Currently Budgeted: ___X____ Yes _______ No ______ N/A Account Code/Costs authorized in City Approved Budget (if applicable) __AK______ (verified by Administrative Services Department) INTRODUCTION/PURPOSE:

The item is to request Council approval of Plans and Specifications and authorization to bid the First Street Water Main Replacement Project 2021-02 (“Project”).

BACKGROUND:

The First Street Water Main Replacement Project is CIP #0818-20.09 in the adopted Fiscal Year 2021-22 Capital Improvement Program (CIP). This project is Phase 2 of the First Street water main system that was identified as needing replacement due to leaking sections of pipe. and the relocating the water main out of private property and onto City right of way. Phase 1 work was completed in 2019.

This Project is part of the First Street water main system and will address a section of the water main from First Street, along Leland Avenue to a connection point in the Jewell Avenue right of way, and thereby eliminating the portion of water main on private property.

DISCUSSION:

The Project consists of the replacement of existing 10-inch diameter ductile iron water main on private property with a new 10-inch polyvinyl water main on City right of way. The new alignment will connect to the existing 10- inch water main at the intersection of First Street and Leland Avenue, extending east on Leland Avenue to its intersection with Jewell Avenue, and then head north on Jewell to where it intersects with Calder Avenue and will connect to the existing water mains in that intersection. A map of the project area is shown on Attachment 1. New gate valves would be installed to isolate water mains during maintenance operations, which is necessary for minimizing disruption in water service to City customers in the area.

The plans and specifications were prepared by GHD Inc. and is ready for approval. A Notice of Exemption for the Project has been approved by the Planning Director and will be filed with the County Clerk prior to bidding.

Upon Council’s approval of the plans and specifications and authorization to bid, the Project will be advertised in accordance with the Public Contracting Code for solicitation of bids for doing the work. The estimated Project schedule is construction in summer 2022 and completion by fall 2022. The Engineer’s Estimate for the construction is $247,500.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

GOALS:

This action supports the following City Council Goals and General Plan Actions:
• Goal 2 - Maintain, Improve and Invest in the City’s Infrastructure (Water, Sewer, Streets, Circulation, Parks, Storm Drains and Public Facilities).

PUBLIC COMMENT:

As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report, such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.

PUBLIC NOTICE:

This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date.

FISCAL IMPACT:

The adopted Fiscal Year 2021-22 CIP budget includes $247,500 for the construction in the Water Capital Fund 501.

RECOMMENDATION:

Staff recommendsthe Sebastopol City Council, by minute order, approve the plans and specifications and authorize the solicitation of bids for the First Street Water Main Project 2021-02.

Attachments:
1 Project Map
2 Project Plans and Specifications
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Attachment 1
First Street Water Main Replacement Project
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

INVITATION FOR BIDS

CONTAINING

NOTICE TO BIDDERS

INFORMATION FOR BIDDERS

SPECIAL PROVISIONS

PROPOSAL AND CONTRACT FORMS

FOR CONSTRUCTION OF
First Street Watermain
Replacement
Contract No. 2021-02
IN THE

CITY OF SEBASTOPOL

BID OPENING DATE
March 30, 2022
2:00 p.m.

ISSUED BY

ENGINEERING DIVISION

CITY OF SEBASTOPOL
714 Johnson Street
Sebastopol, CA 95472
(707) 823-2151
Mario Landeros, Interim City Engineer
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

CITY OF SEBASTOPOL

CONTRACT DOCUMENTS AND SPECIFICATIONS

TABLE OF CONTENTS

NOTICE TO BIDDERS
PART I

BIDDING AND CONTRACT DOCUMENTS

PART II

GENERAL CONDITIONS

PART III

SPECIAL PROVISIONS

PART IV

SPECIFICATIONS

APPENDICES
ID Description
A General Guidelines for Construction Activities
Erosion and Sediment Control and
Minimization of Hazardous Materials Contact with Stormwater Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

NOTICE TO BIDDERS
Sealed proposals will be received by the Engineering Manager, Engineering Division, 714 Johnson Street, Sebastopol, California 95472, up to the hour of 2:00 PM, March 30, 2022, for:

First Street Watermain Replacement
Contract 2021-02
In accordance with the applicable provisions of the Labor Code, the Director of Industrial Relations, State of California has determined the general prevailing wage rates. Copies of those rates are on file with the City Engineer.

Plans and specifications may be examined at the office of the Sebastopol Public Works Department, 714 Johnson Street, Sebastopol, California 95472, and may be obtained upon payment of Fifty Dollars ($50.00).

There will be no refund for plans and specifications. Bidders must possess a valid Class A license in accordance with the provisions of the State Contractor's License Act. Questions regarding the project plans, and specifications, or other contract provisions, bonding, and insurance shall be addressed to the City Engineer (707) 823-2151.

Proposals for the job must be submitted on the proposal forms included in these specifications without removal therefrom. Proposals shall be enclosed in an envelope marked:

First Street Watermain Replacement
Contract 2021-02
Each proposal must be accompanied by cash, or an unconditional certified bid bond or check made payable to the City of Sebastopol, and such cash, check, or bond shall be in an amount equal to at least ten percent (10%) of the amount of the bid.

Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.

The City Council of the City of Sebastopol reserves the right to reject any and all bids and to waive any informality in any bid received. The award of the contract, if it were awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed.

Questions regarding this Notice may be submitted to [email protected] By order of the City Council of the City of Sebastopol, Sonoma County, California.

CITY OF SEBASTOPOL

Mario Landeros, Interim City Engineer
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART I

BIDDING AND CONTRACT DOCUMENTS

SECTION TITLE PAGE
1 Receipt and Opening of Bids I - 1
2 Preparation of Bid I - 1
3 Subcontractors I - 1
4 Site Visit I - 1
5 Telegraphic Modifications I - 1
6 Qualification of Bidder I - 2
7 Bid Security I - 2
8 Liquidated Damages for Failure to Enter Into Contract I - 2 9 Time of Completion and Liquidated Damages I - 2
10 Conditions of Work I - 2
11 Addenda and Interpretations I - 3
12 Security for Faithful Performance I - 3
13 Power of Attorney I - 3
14 Laws and Regulations I - 3
15 Method of Award - Lowest Qualified Bidder I - 3
16 Obligation of Bidder I - 4
17 Workmen's Compensation Insurance I - 3
18 Wage Scale I - 4
19 Hours of Labor I - 4
20 Apprentices I - 4
21 Labor Discrimination I - 5
22 City Water I - 5
23 Safety Standards and Accident Prevention I - 5
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

BID DOCUMENTS, CONTRACT DOCUMENTS AND INSURANCE REQUIREMENTS BIDDER'S PROPOSAL I - 6
BID SCHEDULE I - 7
STATEMENT OF EXPERIENCE OF BIDDER I - 10
LIST OF SUBCONTRACTORS I - 11
BID BOND I - 12
NON-COLLUSION AFFIDAVIT I - 13
CONTRACT I - 14
100% PERFORMANCE BOND I - 16
50% PAYMENT BOND I - 18
INSURANCE REQUIREMENTS FOR CONTRACTORS I - 20
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART 1

INFORMATION FOR BIDDERS
Section 1 Receipt and Opening of Bids:

The City of Sebastopol (herein called the Owner) invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the City of Sebastopol at the Office of the City Engineer, until the date and time specified in the Notice to Bidders, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to the City Engineer, Engineering Division, 714 Johnson Street, Sebastopol, California, 95472, and designated as bid for:

FIRST STREET WATERMAIN REPLACEMENT
Contract 2021-02
The Owner may find any bid not prepared and submitted in accordance with the provisions hereof nonresponsive and may waive any informality or reject any and all bids. Any bid may be withdrawn before the postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw within 30 days after the actual date of the opening thereof.

Section 2 Preparation of Bid:

BIDS SHALL BE SUBMITTED ON THE FORMS PROVIDED IN THIS DOCUMENT WITHOUT REMOVAL THEREIN.

All blank spaces for bid prices must be filled in, in ink or typewriter, and the foregoing Certification must be fully completed and executed when submitted.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.

Section 3 Subcontractors:

The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner.

Section 4 Site Visit
Prospective bidders are strongly encouraged to visit the job site prior to the bidding date. Contact the Sebastopol Engineering Division at 707-823-2151 for directions.

Section 5 Telegraphic Modifications:

Any bidder may modify his bid by telegraphic communication at anytime prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification.

Section 6 Qualification of Bidder:

The Owner may make such investigation as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence is submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. Bidder must possess a valid Class A Contractor’s License.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public works on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

Section 7 Bid Security:

Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of a bid bond attached thereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 10% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 30 days after the date of the opening of the bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid.

Section 8 Liquidated Damages for Failure to Enter into Contract:

The successful bidder, upon his failure or refusal to execute and deliver the contract, bonds, and Insurance Certificates, required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. Please refer to proposed schedule of work contained in Special Provisions, Section 6.

Section 9 Time of Completion and Liquidated Damages:

Bidder must agree to commence work on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within.

Sixty (60) working days
thereafter. Bidder must also agree to pay as liquidated damages, the sum of $500.00 for each consecutive working day thereafter as hereinafter provided in the General Conditions. Please refer to proposed schedule of work contained in Special Provisions, Section 6.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 10 Conditions of Work:

Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the contractor, in carrying out his work, must employ, such methods or means as will not cause any interruption of or interference with the work of any contractor.

Section 11 Addenda and Interpretation:

No oral interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder.

Every request for such interpretation should be in writing addressed to Sebastopol Engineering Division, 714 Johnson Street, Sebastopol, California 95472, and to be given consideration must be received at least five days prior to the date fixed for opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of a written addendum to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), and not later than three days prior to the date fixed for opening bids. Failure of any bidder to receive any such addendum or interpretations shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

Section 12 Security for Faithful Performance:

Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner.

Section 13 Power of Attorney:

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

Section 14 Laws and Regulations:

The Bidder's attention is directed to the fact that all applicable State Laws, Municipal Ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. Reference is made to the Provisions of the Contract contained in these specifications where applicable State Laws are specified.

This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 15 Method of Award - Lowest Qualified Bidder:

If at the time this contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds estimated by the Owner to be available to finance the contract, the contract will be awarded.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 16 Obligation of Bidder:

At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or documents shall in no way relieve any bidder from any obligation in respect of his bid.

Section 17 Workmen's Compensation:

The Contractor shall maintain adequate workmen's compensation insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such workmen's compensation laws of the State of California, and shall provide, where practicable, employers' general liability insurance for the benefit of his employees and the employees of any subcontractor under him not protected by such compensation laws, and proof of such insurance satisfactory to the Governing Body shall be given by filing certificates of such insurance with the Engineer of work in form satisfactory to the Governing Body. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

Section 18 Wage Scale:

Pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Directory of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the Engineering Manager to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site. The provisions of Article 2, Chapter 1, Part 7, Division 2 (commencing with Section 1770) of the Labor Code and particularly Section 1775 thereof, shall be complied with.

Section 19 Hours of Labor:

The Contractor shall forfeit, as penalty to the City, one hundred twenty-five dollars ($125.00) for each workman employed in the execution of the contract by him or by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 2 (commencing with Section 1810) of the Labor Code of the State of California.

Section 20 Apprentices:

In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the rules and procedures of the California Apprenticeship Council, properly indentured apprentices shall be employed in the prosecution of the work. The ratio of apprentices to journeymen who shall be employed in the respective crafts or trades may be the ratio stipulated in the apprenticeship standards under which the appropriate joint apprenticeship committee operates. Willful failure by the contractor to comply with said Section 1777.5 shall result in his being denied the right to bid on a public works contract for a period of six months from the date determination is made.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Information relative to number of apprentices, indemnification, wages, hours of employment and standards of working conditions shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council.

Section 21 Labor Discrimination:

Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, religious, creed, color, national origin or ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code. Any contractor for public works violating this section is subject to all penalties imposed for a violation of this chapter." Section 22 City Water:

Contractors may obtain water from a filler line located at the City Corporation Yard, 714 Johnson Street, or from an alternate source approved by the Public Works Superintendent prior to the start of construction.

Contact the Sebastopol Public Works Department for information. Unauthorized use of City hydrants or water outlets is not allowed and will result in legal proceedings by the City of Sebastopol.

Section 23 Safety Standards and Accident Prevention:

With respect to all work performed under this contract, the Contractor shall:

1. Comply with the safety standard provisions of applicable laws, building and construction codes in the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register," Volume 36, No. 75, Saturday, April 17, 1971.

2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property.

3. Maintain at his field office or other well-known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

BIDDER'S PROPOSAL
(DO NOT DETACH)

FIRST STREET WATERMAIN REPLACEMENT
Contract 2021-02

To the Honorable City Council
City of Sebastopol
Sebastopol, California
Mayor and Councilmembers:

The undersigned, as a bidder, declares he has carefully examined the location of the proposed work and that he has examined the plans and specifications and hereby proposes to furnish all materials and to do all work required to complete the work in accordance with the plans and specifications. Bidder hereby agrees to commence work under this contract on or before a date specified in written "Notice to Proceed" of the Owner, and to complete the work within Ninety (90) working days as stipulated in the specifications, or agree to the assessment of liquidated damages, and to accept payment in full for the work at the prices as set forth on the attached Bidder's sheets.

Licensed in accordance with an act providing for the registration of Contractor's License No. A. (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners comprising the firm. If a corporation, state legal name of corporation and also name of President, Secretary, Treasurer and manager thereof).

DATED: , 20
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

BID SCHEDULE

FIRST STREET WATERMAIN REPLACEMENT

CITY OF SEBASTOPOL
CONTRACT NO. 2021-02
ITEM
NO. DESCRIPTION

UNIT BID

PRICES UNIT

ESTIMATED

QUANTITY

BID ITEM
TOTAL
1 Mobilization, Bonds and Insurance $ LS 1 $
2 Water Pollution and Erosion Control $ LS 1 $
3 Temporary Traffic Control $ LS 1 $
4 Shoring and Trench Safety $ LS 1 $
5 Dewatering $ LS 1 $
6 10” Water Main $ LF 410 $
7 10” Gate Valve $ EA 5 $
8 Connect to Existing Water Main $ EA 2 $
9 Abandon Water Main $ LS 1 $
10 10”x10”x10” Tee on Zone 2 Water Main $ LS 1 $
11 ¾” Water Service $ EA 4 $
12 Restoration of Pavement Striping and Markings $ LS 1 $ TOTAL BID $
In Figures
(in words)
Above unit prices shall include all costs for performing the entire contract as shown on the plans and included in these specifications and shall include but not be limited to all labor, materials, tools, equipment, mobilization, tree preservation, profit, overhead, insurance, bonds, and the like required to finish the various forms of work.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding.

The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for bids.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the section of the General Conditions entitled “Contract Security.” The bid security attached in the sum of ($______), is to become the property of the Owner in the event the contract and bond are not executed within the time and additional expense to the Owner caused thereby.

Respectfully Submitted,
________________________________________
Signature
________________________________________
Print Name
________________________________________
Title
________________________________________
Address

SEAL - (If Bid by a Corporation) City, State, Zip Code

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

STATEMENT OF EXPERIENCE OF BIDDER

TO BE COMPLETED BY BIDDER AND

SUBMITTED WITH THE BID
The bidder has been engaged in the contracting business, under the present business name, for years.

Experience in work of a nature similar to that bid in this Proposal extends over a period of years.

The bidder is required to state below work of similar magnitude or character that he has done, and to give references that will enable the Governing Body to judge his experience, skill, and business standing, and his ability to conduct the work completely and as required under the terms of the Contract.

Year, Location, Magnitude Owner / Contact Person
and Type of Work and Phone Number
Bank References:

Contractor's License No: Signature of Bidder:

State of California
Attach other sheets as necessary.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

LIST OF SUBCONTRACTORS

TO BE COMPLETED BY BIDDER AND

SUBMITTED WITH THE BID
In accordance with the provisions of Sections 4104 and 4111, inclusive, of the Government Code of the State of California, each bidder shall list below the name and location of place of business of each subcontractor who will perform a portion of the contract work in an amount in excess of one-half of one percent of the total contract price. In each such instance, the nature and extent of the work to be subcontracted shall be described.

The General Contractor to whom the contract is awarded will not be permitted without written consent of the City, to substitute any person as subcontractor in place of the subcontractor designated in the original bid, or to permit any subcontract to be assigned or transferred, or to allow it to be performed by anyone other than the original subcontractor.

If the original subcontractor, after having reasonable opportunity to do so, shall fail or refuse to execute the written contract presented to him by the General Contractor, the owner shall be notified and a replacement agreed upon.

The failure of the Contractor to specify a subcontractor for any portion of the contract work in excess of one-half of one percent of the total contract price shall be deemed to indicate that the Contractor intends to perform such portion himself.

The subcontracting of work for which no subcontractor was designated in the original bid and which is in excess of onehalf of one percent of the total contract price, will be allowed only with the written consent of the City.

Subcontractor Name Contractors
License #
D.I.R. # Address of Office, Mill
or Shop
Description of Work
To Be Performed
% of Total Bid
NOTE: All subcontractors must provide insurance certificates and endorsements in accordance with “Insurance Requirements For Contractors” contained in this document.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

BID BOND

TO BE EXECUTED BY THE BIDDER AND

SUBMITTED WITH THE BID
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are
hereby held and firmly bound unto the CITY OF SEBASTOPOL, as owner in the penal sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed this day of, _______________ 20 .

The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF SEBASTOPOL a certain Bid, attached hereto and hereby made a part hereof to enter in a contract in writing for the

FIRST STREET WATERMAIN REPLACEMENT
Contract 2021-02

NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder, in no event, exceed the penal amount of this obligation as herein stated. The Surety for value received, hereby stipulated and agrees that the obligations of said surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal
Surety
SEAL BY:

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

NONCOLLUSION AFFIDAVIT

TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID
State of California )
)ss.

County of )
being first duly sworn, deposes and says that he or she is _______________________ of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Principal
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

CONTRACT
THIS AGREEMENT, made this day of , 20____, by and between CITY OF SEBASTOPOL, herein called "Owner," acting herein through its CITY MANAGER and STRIKE OUT (A Corporation) (A Partnership)
INAPPLICABLE (An Individual doing business as )
TERMS
of , County of , State of , hereinafter called "Contractor.” WITNESSETH: That for and in consideration of the payment and agreement hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows:

FIRST STREET WATERMAIN REPLACEMENT
Contract 2021-02
hereinafter called the project, for the sum of Dollars ($ ) and all extra work in connection therewith, under the terms as stated in the General Conditions and Special Provisions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in Notice to Bidders, Bidders Proposal, the General Conditions, and Special Provisions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings or written explanation matter thereof, the specifications and contract documents therefor as prepared by the City of Sebastopol Public Works Department, herein entitled the Engineer all of which are made a part hereof and collectively evidence and constitute the contract.

The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner, and to fully complete the project within Ninety (90) working days. The Contractor further agrees to pay, as liquidated damages, the sum of $500.00 for each consecutive working day thereafter as provided in Section 9 of the Information to Bidders.

The Owner agrees to pay the Contractor in current funds for the performance of the Contract, subject to additions and deductions, as provided in the General Conditions of the contract, and to make payments on account thereof as provided in Part II, Section 20, “Payments to Contractor” of the General Conditions.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which shall be deemed an original, in the year and day above mentioned.

CITY OF SEBASTOPOL
SEAL (Owner)
Attest: BY:

(City Clerk) (City Manager)
(Contractor)
SEAL
BY:
(Secretary) (Title)

(Witness)
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

100%

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1)
a (2) hereinafter called "Principal"
and (3) of State of
hereinafter called "Surety", are held and firmly bound into (4) CITY OF SEBASTOPOL of SEBASTOPOL, CALIFORNIA hereinafter called "Owner", in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of:

FIRST STREET WATERMAIN REPLACEMENT
Contract 2021-02
NOW, THEREFORE, if the principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

IN WITNESS THEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this the , day of , 20 .

ATTEST:

(Principal)
By:

(Address)
(SEAL)

Witness as to Principal

(Address)
(Surety)
ATTEST:

By:

Attorney-in-Fact

(Surety) Secretary

(Address)
(SEAL)

Witness as to Principal

(Address)
NOTE: Date of Bond must not be prior to date of Contract. (1) Correct Name of Contractor
(2) A Corporation, a Partnership or an Individual, as case may be (3) Correct Name of Surety
(4) Correct Name of Owner
(5) If Contractor is Partnership, all partners should execute bond.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

50% PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we
(Name of Contractor)
a hereinafter called “Principal” and
(Corporation, Partnership or Individual)
of State of
(Surety)
hereinafter called “Surety”, are held and firmly bound unto the CITY OF SEBASTOPOL, 7120 BODEGA AVENUE, SEBASTOPOL, CALIFORNIA 95472, hereinafter called “Owner”, in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of:

FIRST STREET WATERMAIN REPLACEMENT
Contract 2021-02
NOW, THEREFORE, if the principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, any authorized extension of modification thereof, including all amounts due for materials, lubricants, oil, gasoline, and coal, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS THEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this the , day of , 20 .

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

ATTEST:

(Principal)
By: (S)

(Address)
(SEAL)

Witness as to Principal

(Address)
(Surety)
ATTEST: By:

Attorney-in-Fact

(Surety) Secretary

(Address)
(SEAL)

Witness as to Principal

(Address)
NOTE: Date of Bond must not be prior to date of Contract. (1) If Contractor is a Partnership, all partners should execute bond.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

CITY OF SEBASTOPOL

INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract, and for 2 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

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

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds. Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year, a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City of Sebastopol for review.

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation,
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

8. the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City of Sebastopol requires, and shall be entitled to, the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Sebastopol.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Sebastopol. At the option of the City of Sebastopol, either: the contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City of Sebastopol, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City of Sebastopol guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City of Sebastopol.

Other Insurance Provisions:

Additional Insured
The City of Sebastopol, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms:

CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

Primary Insurance
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Sebastopol, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City of Sebastopol, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Sebastopol as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City of Sebastopol, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Sebastopol’s site.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Sebastopol.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Sebastopol has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sebastopol for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City of Sebastopol with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Sebastopol before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Sebastopol reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that the City of Sebastopol is an additional insured on insurance required from subcontractors.

For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Special Risks or Circumstances
The City of Sebastopol reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART II

GENERAL CONDITIONS

SECTION TITLE PAGE
1 Definitions II- 1
2 Shop or Setting Drawings II- 1
3 Materials, Services and Facilities II- 1
4 Contractor's Title or Materials II- 1
5 Inspection and Testing of Materials II- 2
6 "Or Equal" Clause II- 2
7 Surveys, Permits and Regulations II- 2
8 Contractor's Obligations II- 2
9 Weather Conditions II- 3
10 Protection of Work and Property - Emergency II- 3
11 Reports, Records and Data II- 3
12 Superintendence by Contractor II- 3
13 Changes in Work II- 3
14 Extras II- 4
15 Time for Completion and Liquidated Damages II- 4
16 Correction of Work II- 5
17 Claims for Extra Cost II- 5
18 Right of the Owner to Terminate Contract II- 5
19 Construction Schedule and Periodic Estimates II- 6
20 Payments to Contractor II- 6
21 Acceptance of Final Payment Constitutes Release II- 7 22 Contract Security II- 7
23 Mutual Responsibility of Contractors II- 7
24 Separate Contract II- 7
25 Subcontracting II- 7
26 Engineer's Authority II- 8
27 Use of Premises and Removal of Debris II- 8
28 Quantities of Estimate II- 8
29 Lands and Rights-of-Way II- 9
30 General Guaranty II- 9
31 Insurance Requirements for Contractors II- 9
32 Workmen's Compensation Insurance II- 9
33 Claims and Arbitration II- 9
34 Damage by Storm, Flood, Tidal Wave or Earthquake II- 11 35 Checking of Drawings II- 11
36 As-Built Drawings II- 11
37 Substitute Materials and Equipment II- 12
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

38 Defective Material or Work II
- 12
39 Right to Retain Imperfect Work II- 12
40 Existing Utilities II- 12
41 Differing Site Conditions II- 13
42 Project Appearance II- 13
43 Hazardous Waste in Excavation II- 14
44 Removal of Asbestos and Hazardous Substances II- 14
45 Substitution of Securities for Withheld Funds II- 14 46 Antitrust Claim Assignment II- 18
47 48
Examination and Audit of Contracts
Sanitary Sewer Overflow Emergency Response Plan
II-
II1818
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART II

GENERAL CONDITIONS
Section 1 Definitions:

The following terms as used in this contract are respectively defined as follows:
(a) "Contractor": A person, firm or corporation with whom the contract is made by the Owner. (b) "Engineer": The City Engineer of the City of Sebastopol, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. (c) "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor. (d) "Owner": The City of Sebastopol.
(e) "Work on (at) the project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor.

Section 2 Shop or Setting Drawings:

The Contractor shall submit promptly to the Engineer copies of each shop or setting drawing as specified in Part IV, Specifications. After examination, such drawings by the engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Engineer with two corrected copies. If requested by the Engineer, the Contractor must furnish additional copies.

Regardless of corrections made in or approval given to such drawings by the Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for the conformity to the Plans and Specifications, unless he notifies the Engineer in writing of any deviations at the time he furnishes such drawings.

Section 3 Materials, Services and Facilities:
(a) It is understood that except as otherwise specifically stated in the Contract documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. (b) Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner.

Section 4 Contractor's Title or Materials:

No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 5 Inspection and Testing of Materials:
(a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as a part of the contract.
(b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended.

Section 6 "Or Equal" Clause:

Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendor's names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Engineer's written approval.

Section 7 Surveys, Permits, and Regulations:

The Contractor shall employ as a subcontractor, a licensed land surveyor or civil engineer experienced in construction staking as required to perform the construction staking function for this project. The cost of construction staking shall be borne solely by the Contractor. The cost of construction staking shall be considered as included in the cost of the various items of work requiring construction staking and no additional compensation will be allowed.

The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract.

The Contractor shall comply with all laws, ordinances, rules, orders and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities.

Section 8 Contractor's Obligations:

The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all work required by this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Engineer as given from time to time during the progress of work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required.

The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Engineer and the Owner.

Section 9 Weather Conditions:

In the event of temporary suspensions of work, or during inclement weather, or whenever the Engineer Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

shall direct, the contractor shall, and will cause his Subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor.

Section 10 Protection of Work and Property - Emergency:

The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such is caused directly by errors contained in the contract or by the Owner, or his duly authorized representatives.

In case of an emergency that threatens loss or injury of property, and/or safety of life, the Contractor will be allowed to act, with previous instructions from the Engineer, in a diligent manner. He shall notify the engineer immediately thereafter.

Where the contractor has not taken action but has notified the Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Engineer.

Section 11 Reports, Records, and Data:

The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this contract. The Contractor shall maintain and furnish payroll records in accordance with Labor Code Section 1776.

Section 12 Superintendence by Contractor:

The Contractor shall maintain on the Project during at least 95% of the time work is being performed by the prime Contractor and/or its subcontractors, a superintendent with the authority to make all decisions relating to the Project. The contractor shall provide the name and telephone number of the Acting Superintendent at the preconstruction conference. The Superintendent shall be accessible by telephone or pager on a 24-hour basis. It is understood that such representative shall be acceptable to the Engineer and shall be the one who will continue in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll.

Section 13 Changes in Work:

No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the Owner. All requests for contract change orders shall be in writing. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:

1. Labor, including foreman;

2. Materials entering permanently into the work;

3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work;
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

4. Power and consumable supplies for the operation of power equipment;

5. Insurance;

6. Social Security and old age and unemployment contributions.

To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15 %) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses.

Section 14 Extras:

Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Engineer acting officially for the Owner, and the price is stated in such order.

Section 15 Time for Completion and Liquidated Damages:

It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the contractor does hereby agree, as a part consideration for the awarding of this contract, to pay the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work.

The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount shall be retained from time to time by the Owner from current periodical estimates.

It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government; Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

(b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article;
Provided, further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of his decision in the matter.

Section 16 Correction of Work:

All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet the Engineer’s approval, they shall be forthwith reconstructed, made good, replaced, and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct to correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor shall be reduced by such amount in the judgment of the Engineer.

Section 17 Claims for Extra Cost:

No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 13(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto.

Section 18 Right of the Owner to Terminate Contract:

In the event that any of the provisions of this contract are violated by the Contractor, or by any of his Subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such notices to contain the reasons for such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the contract; provided however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 19 Construction Schedule and Periodic Estimates:

Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish a detailed estimate giving a complete breakdown of the contract price and periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price.

Section 20 Payments to Contractor:

Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract less 5% retention, payable upon final acceptance of the work.

The Contractor shall submit his monthly estimate of work (in triplicate) no later than the first day of the month.

All work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract.

Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith.

Section 21 Acceptance of Final Payment Constitutes Release:

The acceptance by the Contractor of final payment shall be and shall operate as a release of the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from any obligations under this contract or the Performance and Payment Bond. Final payment shall be made 35 days after recording of Notice of Completion.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 22 Contract Security:

The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performances of this contract and also a payment bond in an amount not less than fifty percent (50%) of the contract price, as security for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract.

Attorneys-in-fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

Section 23 Mutual Responsibility of Contractors:

If, through acts of neglect on the part of the Contractor, any other Contractor or any other Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim.

Section 24 Separate Contract:

The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of work. The Contractor, including his Subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work.

Section 25 Subcontracting:

The Contractor may utilize the services of specialty Subcontractors on those parts of the work that, under normal contracting practices, are performed by specialty Subcontractors.

The Contractor shall not award any work to any Subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the Owner may require.

The Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all Subcontractors relative to the work to bind Subcontractors to the Contractor by the terms of the General Conditions and other Contract documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provisions of the Contract Documents.

Nothing contained in this contract shall create any contractual relation between any Subcontractor and the Owner.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 26 Engineer's Authority:

The Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said contract or specifications, the determination or decision of the Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question.

Section 27 Use of Premises and Removal of Debris:

The Contractor expressly undertakes at his own expense:
(a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work.
(d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus materials, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition;
(f) to effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any other Contractor.

Section 28 Quantities of Estimate:

Wherever the estimated quantities of work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract, and such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages.

Section 29 Lands and Rights-of-Way:

Prior to the start of construction, the Owner shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract.

Section 30 General Guaranty:

Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness.

Section 31 Insurance Requirements for Contractors:

Refer to Part I, Information for Bidders for Insurance Requirements.

Section 32 Workmen's Compensation Insurance:

Workmen's Compensation Insurance: The Contractor shall maintain adequate workmen's compensation insurance under the laws of the State of California for all labor employed by him or by any Subcontractor under him who may come within the protection of such workmen's compensation laws of the State of California, and shall provide, where practicable, employers' general liability insurance for the benefit of his employees and the employees of any Subcontractor under him not protected by such compensation laws; and proof of such insurance satisfactory to the Governing Body shall be given by filing certificates of such insurance with the Engineer of work in form satisfactory to the Governing Body. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California. See Insurance Requirements for Contractors, in Part I, Information for Bidders.

Section 33 Claims and Arbitration:

Public Contract Code Sections 20104 to 20104.6 and Section 9-1.10, "Arbitration," of the Standard Specifications are hereby incorporated into this contract. In the event of a discrepancy, the Public Contracts Code shall take precedence.

Sections 20104 to 20104.6 of the Public Contracts Code state the following:
§20104. Application of article; "Public work"; "Claim"
(a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. §20104.2. Requirements to submit claim; Agency's response; Dispute by claimant over response; Failure of agency to respond; Inapplicability of article to tort claims For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, which ever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventyfive thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
§20104.4. Procedures to resolve claims
The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15- day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter

2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

the purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators, shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses by paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3, of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under this chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witness to participate in the mediation or arbitration process.
§20104.6. Payment of portion of claim which is undisputed; Payment of interest on arbitration award or judgment
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

Section 34 Damage by Storm, Flood, Tidal Wave or Earthquake:

If the project is damaged by storm, flood, tidal wave or earthquake, then payment shall be made to the Contractor for repair in accord with Section 7-1.165 of the State of California Department of Transportation Standard Specifications except that payment or participation in payment shall only be made when such damage exceeds 5 percent (5%) of the amount of the Contractor's bid.

Section 35 Checking of Drawings:

The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Engineer of any discrepancies. Figures shown on drawings shall in general be followed in preference to scale measurements. Large scale drawings shall in general govern over small scale drawings.

The Contractor shall compare all drawings and verify the figures before layout of the work, and shall be responsible for any errors which might have been avoided by such comparison.

Section 36 As-built Drawings:

The Contractor shall deliver to the Engineer, one set of marked prints showing any deviation from the contract drawings. The Contractor shall show all information necessary for the preparation of an accurate record of the installation. This copy shall be neatly prepared and shall be submitted from time to time so that it may be checked by the Engineer before the work is covered up. As-Built Drawings shall be complete and approved before final payment being issued.

Section 37 Substitute Materials and Equipment:

The Contractor may, at his option, suggest substitute makes and kinds of materials and equipment (other than those specified), indicating the amount of credit or extra cost in each instance. Acceptance of substitute items shall be only by written approval of the City. In the event the Engineer's evaluation of the suggested substitute item is required to obtain City's approval, the Contractor shall pay the Engineer's fee for investigating and evaluating the substitution. In all instances of substitutions, the Contractor shall assume full responsibility for having all substitute items comply in all respects with the applicable portions of the contract specifications, except where such requirement is specifically waived by the City.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 38 Defective Material or Work:

Materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer.

Work which does not conform to the requirements of these specifications or is deficient in construction, shall be rejected by the Engineer and be replaced by the Contractor at his own proper cost, charge and expense, and without allowance for additional cost of such replacement to the Contractor.

Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of these Articles or Sections, the Engineer shall have authority to remove and replace defective material or work at the expense of the Contractor, and the Contractor and his Sureties shall be liable therefor.

Section 39 Right to Retain Imperfect Work:

If any portion of the work done or material furnished under this contract shall prove defective and not in conformance with the drawings and specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he shall make deductions therefor in the payments due or to become due for the applicable contract item(s) of work as may be just and reasonable.

Section 40 Existing Utilities:

The Contractor is responsible for protection of all utility services and facilities within the limits of this work. The Contractor is responsible for checking in the field the locations as shown, and is further responsible for any and all utility laterals or services where presence or location is unknown.

The Contractor is responsible for not interrupting any of the utility services while work is in progress and he shall take proper precautions to safeguard such utilities while working near them. Should any utility be damaged during construction, all cost of replacing or repairing shall be borne by the Contractor.

The Pacific Gas and Electric Company and Pacific Telephone shall be notified 48 hours prior to any construction near its underground facilities, and shall be notified by the Contractor well in advance of construction to make utility lines.

The Contractor shall take precaution against damage of private water and gas service lines when crossing private property.

The Owner shall be notified and a request made that all sewer and water lines be marked before start of construction.

Prior to starting work, the contractor shall (a minimum of 2 working days in advance) call Underground Service Alert (USA), toll free, at (800) 642-2444 and provide USA with all necessary data relative to the proposed work. USA will accept calls and process information to participating agencies who have underground facilities in the area between the hours of 7:30 a.m. and 5:00 p.m. daily, except Saturdays, Sundays, and holidays. Between the hours of 5:00 p.m. and 7:30 a.m. calls will be recorded and then processed after 7:30 a.m. For emergency situations, after hours and on Saturdays, Sundays and holidays, the Contractor shall contact the organization owning the affected facility. Upon notification, agencies having facilities in the area of the proposed excavation, will mark their locations in the field using USA standard colors and codes to identify the facility.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 41 Differing Site Conditions:

During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment excluding loss of anticipated profits will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of the determination as to whether or not an adjustment of the contract is warranted.

No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.

Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section 4-1.03, “Changes,” of the Standard Specifications.

Section 42 Project Appearance:

The Contractor shall maintain a neat appearance to the work.

In any area visible to the public, the following shall apply:

When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly.

The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be reused shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved, and no additional compensation will be allowed therefor.

Section 43 Hazardous Waste in Excavation:

If the Contractor encounters material in excavation which he/she has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety Code, he/she shall immediately so notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as provided in Section 8-1.07, “Liquidated Damages,” of the Standard Specifications.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

If such suspension delays the current controlling operation more than two working days, the delay will be considered a right-of-way delay and the Contractor will be compensated for such delay as provided in Section 8-1.09, “Right-of-Way Delays,” of the Standard Specifications.

The department reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area.

Section 44 Removal of Asbestos and Hazardous Substances:

When the presence of asbestos or hazardous substances is not shown on the plans or indicated in the Specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe, and shall immediately cease work in the affected area and report the condition to the Engineer in writing.

In accordance with Section 25914.1 of the Health and Safety Code, all such removal of asbestos or hazardous substances including any exploratory work to identify and determine the extent of such asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, the delay will be considered a rightof-way delay and the Contractor will be compensated for such delay as provided in Section 8-1.09, “Rightof-Way Delays,” of the Standard Specifications.

Section 45 Substitution of Securities for Withheld Funds:

Upon the Contractor’s request, pursuant to Public Contract Code 22300, the Owner will pay to the Contractor the funds withheld from progress payments to ensure performance of the contract, if the Contractor substitutes satisfactory securities as follows. (a) At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Owner, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor. (b) Alternatively, the Contractor may request and the Owner shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. (c) Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the Owner.

The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
(d)(1) If the Contractor elects to receive interest on moneys withheld in retention by the Owner, the Contractor shall, at the request of any subcontractor, make that option available to the subcontractor regarding any moneys withheld in retention by the Contractor from the subcontractor. If the Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Contractor elects to receive interest on any moneys withheld in retention by the Owner, then the subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor.
(2) This subdivision shall apply only to those subcontractors performing more than five percent of the Contractor’s total bid.
(3) No contractor shall require any subcontractor to waive any provision of this section. (e) The escrow agreement used hereunder shall be substantially similar to the following form:

ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between whose address is
hereinafter called “Owner,’
whose address is
hereinafter called “Contractor” and
whose address is
hereinafter called “Escrow Agent.”
For the consideration hereinafter set forth, the Owner, Contractor and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated
(hereinafter referred to as the “Contract”). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor.

Upon seven days’ written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless form Escrow Agent’s release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

On behalf of Owner: On behalf of Contractor:

Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:

Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of the is Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:

Title Title
Name Name
Signature Signature
Section 46 Antitrust Claim Assignment:

In entering into this public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 47 Examination and Audit of Contracts:

This contract shall be subject to the examination and audit of the State Auditor at the request of the Owner or as part of any audit of the Owner, for a period of three years after final payment under the contract.

The examinations and audits under this section shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of administering the contract.

Section 48 Sanitary Sewer Overflow Emergency Response Plan:

The City has adopted an Overflow Emergency Response Plan (OERP) as required by the SWRCB Statewide General Waste Discharge Requirements, in order to support an orderly and effective response to Sanitary Sewer Overflows (SSOs).

Sanitary Sewer Overflows (SSOs) are defined as follows:

Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system including:
(i) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States;
(ii) Overflows or releases of untreated or partially treated wastewater that do not reach the waters of the United States; and
(iii) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system.

The Contractor shall follow the following procedures in the event that you cause or witness a Sanitary Sewer Overflow.
•IMMEDIATELY NOTIFY THE CITY
- During Business Hours: (707) 823-5331
- After Hours: (707) 829-4400
•PROTECT THE STORM DRAINS USING MATS, DYKES, BERMS, ETC. •PROTECT THE PUBLIC - If the spill is entering an area where public contact may occur, and if it is safe to do so, prevent, to the extent possible, public contact with the sewage until City Maintenance Workers arrive.
•PROVIDE INFORMATION - Provide the City Maintenance Workers with information about the overflow such as start time, appearance point, suspected cause, weather conditions, etc. •Direct ALL media and public relations requests to:
- Engineering Manager: (707) 823-2151
- City Manager: (707) 823-1153
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART III

SPECIAL PROVISIONS

SECTION TITLE PAGE
1 Contract III- 1
2 Location of Work III- 1
3 Governing Documents III- 1
4 Description of Work III- 1
5 Permits III- 1
6 Signs and Barricades III- 1
7 Dust and Debris Control III- 1
8 Watering III- 2
9 Existing Facilities III- 2
10 Construction Grades III- 2
11 Proposed Schedule of Work III- 2
12 Material to be Encountered in Excavations III- 2
13 Copies Furnished III- 2
14 Additional Drawings III- 3
15 City Furnished Facilities III- 3
16 Public Convenience, Safety and Traffic III- 3
17 Areas for Contractor’s Use III- 3
18 Trees, Shrubs, Grass Areas, Etc. III- 3
19 Damage to Existing Improvements III- 4
20 Order of Work III- 4
21 Property Owner Notifications III- 4
22 Temporary Erosion Control III- 4
23 Preservation of Property III- 5
24 Progress Schedule III- 6
25 Cooperation III- 6
26 Safety III- 6
27 Obstructions III- 6
28 Hours of Work III- 7
29 Construction Area Signs III- 7
30 Maintaining Traffic III- 7
31 Traffic Control III- 8
32 Existing Facilities III- 9
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART III

SPECIAL PROVISIONS
Section 1 Contract:

All work described in the plans and specifications will be let under one contract in the manner set forth in the Notice to Bidders, and in the Bidder's Proposal.

Section 2 Location of Work:

The work is located in Jewell Avenue and Leland Street as shown on the Improvement Plans.

Section 3 Governing Documents:

All work shall be done in accordance with the General Conditions, these Special Provisions, Construction Plans and details and the City of Sebastopol Standard Plans and Details, latest adopted edition, insofar as they may apply.

The Standard Specifications of the Department of Transportation, State of California, dated July 2010, hereinafter referred to as the Standard Specifications.

In the case of conflict between the Standard Specifications, and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.

Section 4 Description of Work:

The work consists of water main replacement on Florence Avenue including pipelines, valves, tie-in and appurtenances.

Section 5 Permits:

This Contract will constitute the contractor’s permit to perform work on Owner’s property. The contractor and any subcontractors are also required to obtain City business licenses. The contractor shall be responsible for obtaining these and for paying any associated fees prior to the start of construction and inspection fees as required.

Section 6 Construction Signs and Barricades:

The Contractor shall furnish all reconstruction signs and barricades, the cost of which shall be included in the amount paid for Traffic Control System. Contractor shall acquaint himself with applicable portions of Section 7 of the Standard Specifications relating to Public Convenience, Public Safety, Portable Delineators, Preservation of Property, and Indemnity and Insurance.

Section 7 Dust and Debris Control:

Dust control shall conform to the provisions in Section 10, “Dust Control,” of the Standard Specifications and these Special Provisions.

The Contractor shall be responsible for all mud, rocks, dust, dirt and debris producing materials that originate in the project area and are deposited on other public or private property by truck tire, spillage, or by other means. The contractor shall, before the end of each day's work, clean all paved streets leading from the project that have dust producing materials or debris deposited upon them.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

The Contractor shall control dust by the application of water.

In lieu of the provisions of the section paragraph in Section 10-1.04, “Payment,” no separate payment will be made to the Contractor when the Engineer orders the application of water for the purpose of controlling dust caused by public traffic only. Full compensation for such dust control will be considered as included in the prices paid for the various items of work involved, and no additional compensation will be allowed.

Section 8 Watering:

Water for compacting embankment material, and for laying dust shall be applied by means of pressure-type distributors equipped with a spray system of hoses with nozzles that will insure a uniform application of water.

No additional compensation shall be made for watering, but shall be included in the various items of work.

Section 9 Existing Facilities:

As part of the work, existing valves, services, manholes, pipes, sprinklers, curbs, gutters, sidewalks, access ramps to be retained and all other fixtures shall be protected from damage. Contractor shall bring any currently damaged facilities to the attention of the Engineer. If none are reported, all damaged facilities within the job site shall be assumed caused by the Contractor.

Section 10 Construction Grades:

The Contractor is responsible for laying out any lines and grades. This layout shall be subject to review and approval by the City before the Contractor proceeds.

Section 11 Proposed Schedule of Work:

Bid Opening March 30, 2022 at 2:00 PM
Award of Contract April 19, 2022
Deadline to Execute Contract Ten working days from Notice of Award Notice to Proceed (approx.) May 4, 2022
Completion Date is Sixty (60) working days from Notice to Proceed.

Section 12 Material to be Encountered in Excavations:

The Contractor shall visit the site and satisfy himself regarding the character of the material which may be encountered.

Section 13 Copies Furnished:

The Engineer will furnish to the Contractor, free of charge, five (5) sets of the specifications and full size drawings.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 14 Additional Drawings:

The Engineer will furnish from time to time such additional drawings and information as he may consider necessary for the Contractor's guidance, and the Contractor shall make his work conform to all such drawings.

Section 15 City Furnished Facilities:

Water is available from a filler pipe at the City Corporation Yard, or the Contractor may request a hydrant service from the Sebastopol Public Works Department by paying a security deposit of $200.00, and an installation and removal fee of $100 for a backflow preventer device to be installed by City forces and removed on completion of the project. The security deposit is refundable on return of the backflow device in good operating condition. Depending on the availability of space, the Contractor may make arrangements to store materials at the City Corporation Yard.

Section 16 Public Convenience, Safety and Traffic:

The Contractor shall so conduct his operations in a manner which causes the least possible obstructions and inconvenience to public traffic on public thoroughfares.

Lights, signs, red lights and watchmen as are necessary to give adequate warning to the public and of any dangerous conditions to be encountered as a result thereof, shall be furnished, erected and maintained by the Contractor.

Safety orders, rules and recommendations of the Division of Industrial Safety of the Department of Industrial Relations of the State of California applicable to the work to be done under the contract shall all be obeyed and enforced by the contractor.

All costs involved in respect to the above requirements will be considered as included in the prices bid for the various contract items of work and no additional compensation will be allowed.

Section 17 Areas for Contractor’s Use:

The right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right-of-way or allow others to occupy the right-of-way for purposes which are not necessary to perform the required work.

The Contractor shall remove all equipment, materials, and rubbish from the work areas and other Cityowned property which he/she occupies and shall leave the areas in the presentable condition in accordance with the provisions in Section 46, “Final Cleaning Up,” of these Special Provisions.

The Contractor shall secure at his/her own expense any area required for plant sites, storage of equipment or materials, or for other purposes if sufficient area is not available to him within the contract limits, or at the sites designated on the plans outside the contract limits.

Section 18 Trees, Shrubs, Grass Areas, Etc.:

Damage to trees and shrubs should be avoided wherever possible. It shall be the Contractor's responsibility to replace, in kind, any trees or shrubs destroyed or damaged during construction.

Before construction, the City and Contractor shall walk the entire project and City shall take pictures of existing improvements as a record of as-is conditions.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Any existing improvements damaged or removed by the Contractor as a result of his operations shall be repaired or replaced. All costs involved in the protection and restoration of existing improvements shall be included in the prices bid for the various items of work.

Section 19 Damage to Existing Improvements:

Any existing improvements damaged or removed by the Contractor as a result of his operations shall be repaired or replaced. Any paving damaged or destroyed during the Contractor's operations shall be replaced in kind to the Engineer's satisfaction. All costs involved in the protection and restoration of existing improvements shall be included in the prices paid for the various items of work.

Section 20: Order of Work:

Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these Special Provisions.

Before beginning construction, a preconstruction meeting between the Contractor, City Engineer, and City Inspector will be held.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

Section 21 Property Owner Notifications:

The Contractor shall notify all property owners and businesses affected by the project work at least 48 hours before work is to begin. In addition, the Contractor shall notify property owner(s) and the City 72 hours before entering private property or interrupting sewer or water service. The notice shall be in writing, placed in the mailboxes with postage, or on door hangers and shall indicate the Contractor’s name and phone number, type of work, day(s) and time when work will occur. Notice shall be reviewed and approved by the Engineer before being sent.

Any required shut down of the water system shall be performed by City Public Works forces. Contact the City Public Works Department at least 48 hours before requiring shut down of water mains.

Section 22 Temporary Erosion Control:

Temporary erosion control shall consist of, but not be limited to, constructing such facilities and taking such measures as are necessary to prevent, control and abate water, mud, and erosion damage to public and private property as a result of the construction of this project.

Conformance with the requirements of this section shall in no way relieve the Contractor from his responsibilities, as provided in Section 7-1.01G, "Water Pollution," Section 7-1.11, "Preservation of Property," and Section 7-1.12, "Responsibility for Damage," of the Standard Specifications.

Temporary erosion control features as are necessary to provide sediment control shall be constructed and functioning prior to October 15. The Contractor shall construct such supplementary temporary erosion control facilities as are necessary to protect adjacent private and public property.

Temporary erosion control measures shall conform to the current field manual of erosion and sediment control published by the California Regional Water Quality Control Board, San Francisco Bay Region and includes, but is not limited to the following:

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

(a) The Contractor shall conduct his operations in such a manner that storm runoff will be contained within the project or channeled into the storm drain system which serves the runoff area. Storm runoff from one area shall not be allowed to divert to another runoff area. (b) Storm drain systems, toe of slope drains, and outlet structures shall be constructed and operating before commencing, or concurrently with placing, an embankment. Temporary down drains, drainage structures and other devices shall be provided to channel storm runoff water into the respective permanent storm drain systems during construction. Mud and silt shall be settled out of the storm runoff before said runoff enters the storm drain system. (c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of various temporary erosion control measures. These measures may include, but shall not be limited to: jute mesh; check dams; confined ponding areas to desilt the runoff; and protection, such as sand bags or straw bales around inlets which have not been brought up to grade.
(d) Contour graded areas shall be protected against erosion and the resulting siltation of downstream facilities and adjacent areas during grading operations. Various measures may include, but shall not be limited to the use of graded contour berms to control sheet flow: supplemental grading of large areas around temporary or unfinished inlet structures, such as inside ramp loops, to provide desilting basins; and temporary ditch paving.

Culvert pipe used in conjunction with temporary erosion control measures which was new when delivered to the project site and, in the opinion of the Engineer, is not damaged and whose dimensions and other properties conform to the requirements for new material may be used in the new work.

Full compensation for any cost involved in performing planned permanent water pollution control and erosion control to act as temporary water pollution control and temporary erosion control shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed.

Section 23 Preservation of Property:

Attention is directed to the provisions in Section 7-1.11, "Preservation of Property," of the Standard Specifications and these Special Provisions.

Existing trees, shrubs, and other plants, that are not to be removed and are injured or damaged by reason of the Contractor's operations, shall be replaced by the Contractor in accordance with the requirements in Section 20-4.07, "Replacement," of the Standard Specifications and the following:

The minimum size of tree replacement shall be 24-inch box and the minimum size of shrub replacement shall be 15-gallon. Replacement ground cover plants shall be from flats and shall be planted 12 inches on center.

Damaged or injured plants shall be removed and disposed of outside the street right of way in accordance with the provisions in Section 7-1.13 of the Standard Specifications. Storm drain easements and temporary construction easements are shown on the plans and shall be staked for location by the surveyors. Temporary easements may be used to move equipment and material and store material as required. The Contractor shall not disturb or remove trees, plant material or facilities located within the confines of the temporary easement unless required by his operations. The Contractor’s attention is directed to section entitled, “Final Clean-up,” of these Special Provisions.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 24 Progress Schedule:

Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications.

Section 25 Cooperation:

Attention is directed to Sections 7-1.14, "Cooperation" and 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications and these Special Provisions.

Other forces may be engaged in installing or in making adjustments to or in relocating various utility or other non-highway facilities throughout the project.

Section 26 Safety:

The Contractor is hereby specifically informed that under this contract he has the sole responsibility for the safety of his work, including his workman, equipment and that of subcontractors, and of the general public as they may come in contact with the work. The Engineer or Inspector has specifically not been hired to review the Contractor's safety or methods of operation.

At the end of each day, excavations shall be backfilled, plated with steel trench plates or barricaded and fenced.

Section 27 Obstructions:

Attention is directed to Sections 8-1.10, "Utility and Non-Highway Facilities," and Section 15 "Existing Highway Facilities," of the Standard Specifications and these Special Provisions.

Attention is directed to the existence of power, telephone, and cable television poles, underground gas lines, and underground water and sewer lines within the area in which construction is to be performed. The Contractor will be required to work around these facilities.

Prior to starting work, the Contractor shall (a minimum of 2 working days in advance) call Underground Service Alert (USA), toll free, at (800) 642-2444 and provide USA with all necessary data relative to the proposed work. USA will accept calls and process information to participating agencies that have underground facilities in the area between the hours of 7:30 a.m. and 5:00 p.m. daily, except Saturdays, Sundays, and holidays. Between the hours of 5:00 p.m. and 7:30 a.m. calls will be recorded and then processed after 7:30 a.m. For emergency situations, after hours and on Saturdays, Sundays and holidays, the Contractor shall contact the organization owning the affected facility. Upon notification, agencies having facilities in the area of the proposed excavation will mark their locations in the field using USA standard colors and codes to identify the facility.

The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area, and he will be held liable to the owners of such facilities for interference with services resulting from his operations.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Section 28 Hours of Work:

Construction work shall be limited to the hours between 7:00 a.m. and 6:00 p.m. Monday through Friday.

Section 29 Construction Area Signs:

Construction area signs shall be furnished, installed, maintained and removed when no longer required in accordance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these Special Provisions.

Construction area signs shall not be used until they are needed and when no longer needed they shall be removed from the site of the work.

If speed limit construction signs are shown, they shall be covered when no work is being performed and the existing speed limit signs, if of different speed than speed limit construction signs, shall be covered when work is being performed.

The Contractor shall notify the Underground Service Alert (USA) in accordance with the section on "Obstructions" in these Special Provisions at least two working days, but no more than 14 calendar days, prior to commencing any excavation for construction area signposts.

All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.

Stationary mounted signs shall be erected on wood posts in the same manner specified for roadside signs and in accordance with the Caltrans Standard Plans.

Attention is directed to section entitled "Traffic Control System" elsewhere in these Special Provisions regarding compensation for construction area signs shown on the plans for traffic control system for lane closure.

No separate measurement or payment will be made for construction area signs. All costs associated with construction area signs shall be included in the lump sum contract price for the work and no additional compensation will be allowed.

Section 30 Maintaining Traffic:

Attention is directed to Section 7-1.08, "Public Convenience," Section 7-1.09, "Public Safety," and Section 12 "Construction Area Traffic Control Devices," of the Standard Specification. Nothing in these Special Provisions shall be constructed as relieving the Contractor from his responsibilities as provided in said Section 7-1.09.

Lane closures shall conform to the provisions in the section of these Special Provisions entitled "Traffic Control System."
The Contractor shall notify the Engineer of his intent to begin work at least 5 days before work is begun.

The Contractor shall cooperate with local authorities relative to handling traffic through the area.

Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.

When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

A minimum of one traffic lane, not less than 10 feet wide, shall be open for use by public traffic. When construction operations are not actively in progress, not less than two such lanes shall be open to public traffic.

The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, and designated legal holidays; after 3:00 p.m. on Fridays and the day preceding legal holidays; and when construction operations are not actively in progress.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order.

At the end of each working day if a difference in excess of 0.15 foot exists between the elevation of the existing pavement between lanes, the Contractor shall furnish and place portable delineators conforming to the provisions of Section 12-3.04, "Portable Delineators" along said drop-off. Full compensation for furnishing and placing delineators and signs shall be considered as included in the various items of work and no additional compensation will be allowed.

Whenever the Contractor's operations obliterate pavement delineation (lane lines, either pavement markers or painted lines or both, or temporary delineation), such pavement delineation shall be replaced by either permanent or temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart on curves nor more than 20 feet apart on tangents.

Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made. Backfilled trenches in the existing pavement shall be temporarily paved and maintained with asphalt concrete, or permanently paved (consistent with the existing pavement) with asphalt concrete, before allowing traffic on the trenches.

Section 31 Traffic Control:

A traffic control system shall consist of closing traffic lanes in accordance with the details shown on the plans, the provisions of Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, and the provisions under "Maintaining Traffic" elsewhere in these Special Provisions.

The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-

1.09, "Public Safety," of the Standard Specifications.

The base material of construction area signs shall not be plywood.

If any component in the traffic control system is damaged, displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

component to its original condition or replace said component and shall restore the component to its original location.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right-of-way.

Traffic control system required for work, which is classed as extra work, as provided in Section 4-1.03D of the Standard Specifications, will be paid for as a part of said extra work. (a)Removal of On-street Parking:

Forty-eight (48) hours prior to construction, the Contractor shall place barricades signed "NO PARKING - TOW AWAY - Specific Time and Date(s)" at 50 to 60 foot intervals in the work area. "NO PARKING" signs must also state "C.V.C. 22651 (L)." See example below. "NO PARKING - TOW AWAY" signs shall be submitted for approval by the Engineer before their use.

The Contractor shall notify the Engineer immediately after the "NO PARKING" signs are in place. "NO PARKING" signs and barricades shall be supplied by the Contractor.

Failure to comply with this section will prevent the City from towing vehicles parked in the proposed work area. Work will not proceed if vehicles are parked in the proposed work area.

Full compensation for providing all labor, equipment, and materials necessary for the removal of on-street parking shall be considered as included in the price paid for Temporary Traffic Control and no additional compensation shall be allowed.

Section 32 Existing Facilities:

The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these Special Provisions. (a) Removal of Miscellaneous Items:

Various items shown on the plans and specified removed herein shall be completely removed and disposed of.

No separate payment shall be made for the various items to be removed unless specified and listed in the proposal. Such items shall be considered as included in the contract lump sum price for Clearing and Grubbing, and no additional compensation will be allowed.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART IV

SPECIFICATIONS

SECTION TITLE PAGE
SECTION 10-1 GENERAL IV-1
10-1.01 Order of Work IV-1
10-1.02 Relations with California Regional Water Quality Control Board IV-1 10-1.03 Progress Schedule IV-1
10-1.04 Cooperation IV-2
10-1.05 Safety IV-2
10-1.06 Obstructions IV-2
10-1.07 Hours of Work IV-2
10-1.08 Dust Control IV-2
10-1.09 Construction Area Signs IV-3
10-1.10 Maintaining Traffic IV-3
10-1.11 Notice to Area Residents IV-3
10-1.12 Traffic Control IV-4
10-1.13 Existing Highway Facilities IV-4
10-1.14 Clearing and Grubbing IV-4
10-1.15 Watering IV-4
Technical Specifications IV-5
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART IV – SPECIFICATIONS
SECTION 10-1 GENERAL
10-1.01 ORDER OF WORK: Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these Specifications.

Attention is directed to Section 10-1.11, “Notice to Area Residents” as a controlling scheduling item of work.

The Contractor shall submit the following technical information prior to the pre-construction conference:

1. Emergency Contact Numbers for Prime and Subcontractors.

2. Proposed sequencing of work including street closure and lane closure sequences.

3. Traffic Control Plans specific to Willow Street, High Street and Jewell Avenue.

The Order of Work shall be as follows:

1. Applicable Traffic Control

2. Notice to Area Residents as applicable to Schedule

3. Pothole Existing Utilities

4. Construction of New Watermain

5. Disinfection and Testing

6. Connection to Existing Watermains

7. Project Cleanup
Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed. 10-1.02 RELATIONS WITH CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD:

This location is within an area controlled by the Regional Water Quality Control Board. The Contractor shall fully inform himself of all rules, regulations, and conditions that may govern his operations in said area and shall conduct his work accordingly.

The Contractor shall comply with the regulations of the North Coast Regional Water Quality Board and the discharge prohibitions and guidelines pertaining to construction activities listed on pages 1-5-7 through 1- 5-9 of the Water Quality Control Plan North Coastal Basin dated April, 1975.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed. 10-1.03 PROGRESS SCHEDULE: Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications.

The progress schedule shall identify refuse collection days. The schedule for demolition, subgrade / base preparation, aggregate base placement, hot mix asphalt placement, striping and marking shall include a makeup day to be included in posting no parking and notices to area residents such that all of the scheduled work will be completed within the scheduled periods. Failure to complete schedule work which results in rescheduling, reposting no parking signs, and redistribution of notices to area residents, all of which shall Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

be at the Contractor’s expense and shall not be a basis for time extensions unless caused by unforeseen weather.

Requests for changes in the schedule must be submitted to the City for approval at least 48 hours prior to beginning of construction of the scheduled work.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed. 10-1.04 COOPERATION: Attention is directed to Sections 7-1.14, "Cooperation," and 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications and these Specifications.

In some instances the Contractor may be required to coordinate work and share work areas with PG&E, SBC, Comcast and the City’s other contractors. The Contractor shall cooperate at all times with utility agencies and other contractors in the vicinity of the project and as directed by the City.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed. 10-1.05 SAFETY: The Contractor is hereby specifically informed that under this contract he has the sole responsibility for the safety of his work, including his workforce, equipment and that of subcontractors, and of the general public as they may come in contact with the work. The City or City’s Inspector has specifically not been hired to review the Contractor's safety or methods of operation. 10-1.06 OBSTRUCTIONS: Attention is directed to Sections 8-1.10, "Utility and Non-Highway Facilities," and Section 15 "Existing Highway Facilities," of the Standard Specifications and these Specifications.

Attention is directed to the existence of underground gas mains, gas services, water mains, fire hydrants, water services, sewer mains and sewer laterals within the area in which construction is to be performed.

The Contractor will be required to protect these facilities to perform work in accordance with the Plans.

The Contractor will be required to protect existing curb, gutter, sidewalk, driveways and access ramps and other improvements that are to remain in place within the construction area. The Contractor will be required to protect power, telephone and cable television within the construction area and will be held liable to the owners of such facilities for interference or damage resulting from their operations.

Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed. 10-1.07 HOURS OF WORK: Construction work shall be limited to the hours between 7:00 AM and 6:00 PM Monday through Friday. Except as stated below, no construction is permitted on Saturdays or Sundays.

The Contractor’s attention is directed to restrictions in the section entitled "Maintaining Traffic," Part III – Section 30 of the Special Provisions.
10-1.08 DUST CONTROL: Dust control shall conform to the provisions in Section 10, "Dust Control," of the Standard Specifications and these Specifications.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

In lieu of the provisions of the second paragraph in Section 10-1.04, "Payment," no separate payment will be made to the Contractor when the City orders the application of water for the purpose of controlling dust caused by public traffic only. Full compensation for such dust control will be considered as included in the prices paid for the various items of work involved, and no additional compensation will be allowed. 10-1.09 CONSTRUCTION AREA SIGNS: Comply with Part III – Section 29 of the Special Provisions.

Construction area signs shall be paid as part of the bid item for Traffic Control. No separate payment will be made therefore.
10-1.09a Removal Of On-Street Parking: During the period seventy-two (72) to forty-eight (48) hours prior to construction, the Contractor shall place barricades signed "NO PARKING - TOW AWAY - Specific Time and Date(s)" at 50 to 60 foot
intervals in the work area. The first and last sign shall also be stenciled with the word "BEGIN" or "END" as appropriate to delineate the limits of the no parking area (See example). "NO PARKING - TOW AWAY" signs shall be submitted for
approval by the City before their use. The Contractor shall notify the City immediately after the "NO PARKING" signs are in place.

The Contractor shall supply "NO PARKING" signs and
barricades.

Failure to comply with this section will prevent the City from towing vehicles parked in the proposed work area. Work will not proceed if vehicles are parked in the proposed work area.

Full compensation for providing all labor, equipment and materials necessary for the furnishing and placement of construction area signs shall be included in the lump sum paid for construction area signs and no additional compensation shall be allowed, therefore. Compensation for providing all labor, equipment and materials necessary for the removal of construction area signs shall be considered as included in the prices paid for related bid items and no additional compensation shall be allowed. 10-1.10 MAINTAINING TRAFFIC: Comply with Part III – Section 30 of the Special Provisions.

Maintaining Traffic shall be paid as part of the bid item for Traffic Control. No separate payment will be made therefore.
10-1.11 NOTICE TO AREA RESIDENTS: The Contractor shall provide notice to all residents and businesses affected by the construction relative to the Contractor’s schedule of work including the traffic control provisions during construction. A sample notice shall be provided to the Contractor by the City. If the Contractor desires to modify the notice, the revisions must be submitted to the City for approval at least 10 days prior to beginning work. The Notice to Area Residents shall be a door hanger type notice printed on heavy paper or cardboard. The dates of work shall match the work schedule provided to and approved by the City.

If the Contractors schedule shall change to include dates of work beyond the dates indicated in the posted notices, the Contractor shall repost such notices at least 48 hours prior to commencing work on the changed schedule work.

TOW AWAY
NO

PARKING

THERE SHALL BE NO PARKING ON THIS
STREET BETWEEN THE HOURS OF:
____________AND____________
ON______________

VEHICLES FOUND IN VIOLATION WILL
BE TOWED.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

10-1.12 TRAFFIC CONTROL: Comply with Part III – Section 31 of the Special Provisions. All costs associated with traffic control including construction area signs, maintaining traffic, placing no parking signs and notice to area residents shall be included in the lump sum paid for Traffic Control. The lump sum paid for traffic control shall include all costs associated with the work described herein including all labor, equipment, materials, printing costs and other associated costs with completing the work. Payment for Traffic Control shall be paid as a percentage of work completed. 10-1.13 EXISTING HIGHWAY FACILITIES: The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these Specifications. Removal of traffic stripes shall conform to the provisions of Sections 15-2.02B and 15-2.02C of the Standard Specifications and these Specifications.

Residue from the removal of existing roadway, curb, gutter, sidewalk and ramp improvements shall be disposed of immediately after removal. Residue shall not be allowed to enter the storm drain system.

Disposal shall be performed in accordance with Section 7-1.13 "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved including, but not limited to, removal and disposal of existing traffic markings shall be considered as included in the contract unit prices for the various items of work indicated in the bid schedule as indicated elsewhere in these special conditions. No additional compensation will be allowed. 10-1.14 CLEARING AND GRUBBING: Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these Specifications.

All existing vegetation, outside the areas to be cleared and grubbed, shall be protected from the Contractor's operations unless specifically shown on the plans to be removed.

Nothing herein shall be construed as relieving the Contractor of his responsibility for final cleanup of the highway as provided in Section 4-1.02, "Final Cleaning Up," of the Standard Specifications and Section 10-2.15 of these Specifications.

Compensation for clearing and grubbing shall be included in the various items of work and no separate or additional compensation shall be made therefore.
10-1.15 WATERING: Watering shall conform to the provisions in Section 17, "Watering," of the Standard Specification.

The City will supply a hydrant meter for construction at one location at no cost to the Contractor. The location and rate of withdrawal will be subject to City approval. Contractor shall determine, with the City, the cost of water to be supplied for watering.

Full compensation for developing a water supply shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

TECHNICAL SPECIFICATIONS
Division 01 General Requirements PAGE
01 10 00 Summary of Work IV - 6
01 29 00 Measurement & Payment IV - 10
10 30 00 Administrative Requirements IV - 17
01 32 16 Construction Progress Schedules IV - 22
01 33 00 Submittals IV - 26
01 40 00 Quality Control IV - 31
01 50 00 Construction Facilities and Temporary Controls IV - 35 01 60 00 Product Requirements IV - 47
01 70 00 Project Closeout IV - 50
01 72 00 Record Documents IV - 52
01 74 19 Construction Waste Management IV - 54
Division 02 Existing Conditions PAGE
02 01 00 Site Conditions IV - 59
02 01 10 Existing Utilities and Underground Structures IV - 61 02 41 10 Demolition, Salvage and Abandonment IV - 66
Division 03 Concrete PAGE
03 30 00 Cast-In-Place Concrete IV - 70
Division 31 Earthwork PAGE
31 00 00 Earthwork IV - 73
31 01 40 Shoring and Trench Safety IV - 84
31 23 00 Trench Excavation Backfill IV - 87
31 23 19 Dewatering IV - 96
31 25 00 Erosion Control IV - 100
Division 32 Exterior Improvements PAGE
33 12 16 Hot Mix Asphalt Paving IV - 107
Division 33 Utilities PAGE
33 11 00 Water Utilities IV - 116
33 13 00 Disinfecting of Water Utilities IV - 126
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 10 00

SUMMARY OF WORK
PART 1 GENERAL

1.1 PROJECT DESCRIPTION
A. The work includes, but is not limited to, furnishing all labor, equipment, materials and supplies to install approximately 410 Linear Feet (LF) of 10” PVC water main via open trench, that will allow for the abandonment of approximately 275 LF of existing 10” cast iron water main, in Sebastopol, California. Additionally, the work includes connection of the new 10” PVC water main to the existing 10” water main, installation of two (2) new 10” gate valves, abandonment of the existing 10” water main via slurry fill method, permanent trench restoration, installation of three (3) new gate valves on the City’s high pressure Zone 2 system, and all other work described in the plans and specifications in accordance with the Contract Documents.

B. All work to be performed is located along Leland St. and Jewell Ave.

C. Questions regarding the work should be directed to the Engineer.

D. The Contractor shall coordinate all related work with affected parties including, but not limited to City of Sebastopol, Pacific Gas and Electric Company, Comcast and ATT.

E. The Contractor shall take careful and accurate pre-construction photographs and video of the existing conditions prior to the start of construction. Copies of the photographs and video must be delivered to the Engineer prior to start of construction.

F. The Contractor shall provide a detailed schedule of work. See Section 01 32 16, “Construction Progress Schedules,” for schedule requirements. Contractor shall coordinate daily with the City.

1.2 APPLICABLE CODES
A. In instances where these specifications do not state exact materials or methods of construction, the applicable minimum requirements of the 2018 edition of the California Building Code shall govern, as amended by local agencies.

1.3 SEQUENCE AND SPECIAL CONDITIONS
A. After the Notice to Proceed has been issued, the Contractor may begin work on items that can be done offsite, including procurement of materials and services. These include submittal preparation, and purchase of materials delivered and stored off the construction site. The Contractor is responsible for any material loss or damage.

B. Prebid Conference. There will be no prebid conference scheduled for this project.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

C. At least two weeks prior to the start of construction, Contractor shall contact Underground Service Alert (USA) at 811 for utility mark outs and pothole all existing utilities that are in the vicinity of the work. Contractor shall survey the horizontal and vertical location to determine the position and elevation of each utility exposed by Contractor’s potholing.

Contractor shall provide a copy of the survey with locations and elevations to the Engineer one week prior to the start of construction. Notify the Engineer if any differences are noted and if there are any conflicts anticipated.

D. Contractor shall proceed with construction in a manner that limits the inconvenience to traffic and to the property owners adjacent to the construction area.

E. All costs of construction staging, phasing, or sequencing shall be included in the Contractor’s bid. No additional compensation will be made therefore.

1.4 CONTRACTOR USE OF SITE AND PREMISES
Limit use of site and premises to allow:

A. Owner occupancy. The Contractor must coordinate any utility shutdowns or cut-overs with the City or other utility owners.

B. Work by other contractors.

C. The Contractor shall cooperate fully with the City to provide continued access. The Contractor's failure to do so shall not constitute the basis for delay claims by the Contractor.

1.5 DELIVERY, STORAGE, AND HANDLING
A. Contractor shall receive, unload, store in a secure place, and deliver from storage to the site all materials and equipment required for the performance of the work. The storage facilities and methods of storing shall be designed to keep such materials and equipment in a new condition, free from deterioration and protected from damage by weather or construction activities. Such facilities and methods are subject to the Engineer’s approval and the Engineer shall have the right to inspect all storage facilities and stored materials and equipment at reasonable times. Materials and equipment subject to degradation by outside exposure or the elements, such as mechanical equipment, building insulation, ornamental metal fabrications, gypsum board or case work, shall be suitably stored by Contractor in an indoor weather tight enclosure provided by the Contractor. Contractor shall keep complete and accurate records of all materials and equipment received, stored, and delivered for use in the work. Such records shall be made available for inspection by the Engineer.

1.6 ARCHAEOLOGICAL AND HISTORICAL DISCOVERIES
A. The Contractor shall immediately stop work if paleontological, archaeological or historical remains (including burials or skeletal material) are encountered during performance of this contract. The Contractor shall promptly notify the designated Inspector or the Engineer (if the Inspector is absent or one was not designated for this contract).

B. After receiving such notification, the Engineer will contact an Archaeologist so that the provisions of 36 CFR 800.7 (Resources Discovered During Construction) and other relevant laws are followed. Work will cease in the immediate vicinity until permitted by Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

written order from the Engineer. The Contractor may proceed with work in other areas as approved by the Archaeologist.

1.7 DRAWINGS
A. Contractor shall use approved drawings titled “First Street Water Main Relocation” dated August 2021. Any questions shall be brought to the attention of the Engineer. Any revisions or clarifications to the drawings will be issued in writing.

1.8 COORDINATION OF DOCUMENTS GOVERNING THE WORK
A. The standard City forms, specifications, associated plans, solicitation provisions and contract clauses, made a part of the contract are essential parts thereof and the requirements in one are as binding as though contained in all. They are intended to be mutually supplementary to describe and provide for a complete work.

B. All discrepancies in the Drawings shall be brought to the attention of the Engineer for resolution. Blueprints shall not be scaled to obtain missing or conflicting dimensions. The Contractor shall keep a check on dimensions and details as the work progresses and any errors or discrepancies discovered shall be promptly reported to the Engineer.

C. In cases of conflict between plans, specifications, contract provisions, supplemental agreements and provisions, the provisions of contract shall govern. In all cases of dispute in respect to such conflict or as to what part or parts of the specifications apply to any given parts of the Work, decisions shall be made by the Engineer.

1.9 COPIES OF DRAWINGS AND SPECIFICATIONS
A. Full size prints shall be used for construction. The Contractor will be furnished with 5 sets of full-sized drawings, along with electronic copies of the drawings and specifications and will be responsible for providing hard copies of the drawings and specifications he/she may require to carry on the work in a satisfactory manner.

1.10 EXISTING UTILITIES AND OBSTRUCTIONS
A. Unless otherwise permitted by the City, the Contractor shall conduct his operations in a manner that will permit continuous operation of all utilities. The locations of existing underground utilities and structures, as can be determined from record information, have been shown on the Drawings. The Contractor is responsible to contact local utilities agencies at least 72 hours (or with more advance notice if required by the utility company or local agency) before excavation so that utilities may be marked in the field. Locations of existing utilities as shown on the Plans are only approximate. The Engineer assumes no responsibility for the accuracy or completeness of said data, which is offered solely for the convenience of the Contractor.

B. It shall be the responsibility of the Contractor to verify the exact location of all utilities. This verification shall be done far enough ahead of excavation to ensure that the excavations can be located as shown and that the planned line and grade will clear any obstructions. Prior to the start of construction, the locations of crossings of existing utilities shall be exposed to verify that planned line and grade are adequate to provide minimum clearance.

C. The Contractor shall relocate any utility conflicting with line and grade of the new utilities and facilities. Contractor shall prepare a plan for relocation of any utility which must be reviewed Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

and approved by the Engineer prior to commencement of the work. Disruption of utility services shall be kept to a maximum of 2 hours total for any one service.

D. Any changes required in line or grade of the new facilities, due to interferences with existing utilities or other obstructions, shall be performed by the Contractor and shall have prior approval of the Engineer. If the Contractor fails to adequately verify the locations of utilities or tie-ins, and such failure necessitates additional fittings and /or the removal of previously laid pipe, to adjust the line or grade, then the cost of such changes shall be borne entirely by the Contractor.

1.11 RESTORATION OF EXISTING IMPROVEMENTS
A. Existing paving, curbs, gutters, sidewalks, utilities, landscaping, irrigation systems, planting or other improvements removed, damaged or disturbed due to the installation of new work and appurtenances shall be replaced in kind to the satisfaction of the Engineer at no additional expense to the City.

1.12 PRE-CONSTRUCTION CONFERENCE
A. Refer to Section 01 30 00, “Administrative Requirements” for required attendees. Scheduling and location of the Pre-Construction Conference shall be confirmed with the City and the Engineer at least 14 days prior to the meeting, and no more than 10 days after the Notice to Proceed.

PART 2 PRODUCTS - (NOT USED)
PART 3 EXECUTION - (NOT USED)

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 29 00

MEASUREMENT AND PAYMENT
PART 1 - GENERAL

1.01 SCOPE
A. Payment for the various items of the Bid Sheets, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work as specified and shown on the Drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety. No separate payment will be made for any item that is not specifically set forth in the Schedule Bid Prices, and all costs therefore shall be included in the prices named in the Schedule of Bid Prices for the various appurtenant items of work.

1.02 WORK INCLUDED UNDER ALL BID ITEMS
A. For all bid item work, Contractor’s responsibilities shall conform to the provisions of Section 7 – “Legal Relations and Responsibility” of the State Standard Specifications, except as modified herein, in the Special Provisions, or in the Detailed Project Specifications. Additionally, Contractor shall ensure each of the following is included as part of the work under each bid item:

1. The safety of personnel, subcontractor’s personnel, and the public. Safety measures shall include, but are not limited to, confined space entry, abrasive blasting, fall protection, electrical safety and warning signs as may be necessary. Engineer may direct Contractor to erect any safety feature as may be necessary in his opinion.

2. Make available all work for inspection and/or testing by the Engineer.

3. Clear, prune, and/or remove from the site of work all items that might interfere with contract work, including landscaping, sidewalks, curbs and gutters, retaining structures, and AC paving. Also remove existing piping, fittings, valves, boxes and debris as may be necessary to complete work.

4. Restore all surfaces to their original, existing condition as nearly as possible including landscaping, sidewalks, street and driveway pavement, and curbs and gutters. All materials for restoration work shall be furnished by contractor.

5. Protection of all trees and their roots.

6. Proper removal and disposal of existing abandoned utilities or other subsurface structures as required to complete construction of the work.

7. Proper restraint of existing facilities. Temporary restraints may be necessary to prevent facilities from being damaged. Damage to existing facilities that occurs due to improper restraint shall be repaired by Contractor at his own expense

8. Cost of any water used on the project.

9. Disposal of all excess or waste materials.

10. Cleanup and sweeping of the project site.

11. Quality control. The Contractor is responsible for providing independent third-party quality control for all on-site phases of the project.

12. Provide advance notice of road or lane closures.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

13. Noise and sound control.

14. Submittals for the project.

15. As-built drawings. No portion of the work shall be deemed complete unless reflected on the as-built drawings. Contractor shall always maintain an active set of as-built drawings on site. At the completion of work, the Contractor shall provide as-built drawings to the City as a record of work completed.

1.03 BID SCHEDULE
A. All pay line items will be paid for at the unit prices named in the Schedule of Bid Prices for the respective items of work. The quantities of work or material stated as unit price items on the Schedule of Bid Prices are supplied only to give an indication of the general scope of the Work.

B. Only items of work of value to the Owner shall be included in the list. An item for cleanup shall be listed in the breakdown in the amount of at least 1 percent of the total schedule. If cleanup proceeds as the job progresses, then partial payments of this amount will be made accordingly. An item for fulfilling the submittal requirements of Section 01 33 00, “Submittals” shall be listed in the breakdown in the amount of at least 1 percent of the total schedule. Partial payments of this amount will be made as the requirements are met.

C. All bid items for underground pipelines and appurtenances shall include, but not be limited to: utility potholing, initial and final saw cutting, excavation and disposal of trench section materials including pavements, soils, curbs, gutters, and preservation of existing items, pipe bedding and backfill, pipe, joints, and other fittings as required, tracer wire, installation above or below existing utilities, supporting exposed utilities and pipes, repair or replacement of damaged existing utilities, handling of asbestos cement pipe, trench plating, control of grades, survey construction staking, protection of trees and roots, aggregate base, temporary trench paving and maintenance, permanent trench paving, adjusting new and existing utility rims and covers to finish grade, replacement of curbs and gutters, testing, disinfection, permanent pavement striping and markings, pavement markers, public outreach and all other related work as described in the Contract Documents. Length of new pipelines is measured horizontally inclusive of fittings and manholes, although valves are covered under separate bid items.

1.04 INCREASE OR DECREASE IN BID ITEMS
A. In the event of an increase or a decrease in the amount of the Engineer’s Estimated quantities, such increase or decrease shall not be considered an alteration in excess of the 25 percent of the contract amount of such items under provisions of Section 4-1.05A of the State Standard Specifications and no adjustment of the contract unit price will be made by reason of such increase or decrease. Work items may be adjusted based on available funding.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART 2 - PRODUCTS

2.01 MOBILIZATION AND DEMOBILIZATION (Bid Item No. 1)
A. Full compensation for Mobilization and Demobilization will be paid for at the contract lump sum (LS) price, which price shall include full compensation for all work associated with the mobilization and demobilization of Contractor materials, equipment, personnel, start-up submittals, temporary facilities and related items. Measurement for payment for this bid item will be based upon completion of such work as a lump sum (LS), non-prorate able pay item, and shall require completion of all of the items listed in Section 9-1.16D, Mobilization of the State Standard Specifications.

B. Payment for “Mobilization and Demobilization” will be made in two (2) payments (75% first payment and 25% upon demobilization) totaling the lump sum (LS) amount listed in the Bid Schedule under Item No. 1, one at the completion of mobilization and one at the completion of demobilization, which price shall constitute full compensation for all such work. No part of which will be approved for payment under the Contract until all mobilization items listed herein have been completed as specified. The scope of the work included under this bid item shall include but not be limited to the following principal items:

1. Arrangement with and payment for project staging areas with necessary responsible parties, inclusive of all necessary site investigation, reporting, permitting, traffic control, crushed rock surfacing (if required), Water Pollution Control Plan, storm water best management practices, and all other improvements upon the land and work associated with the establishment and ongoing maintenance of staging areas.

2. Moving on to the project site of all Contractor's equipment, personnel, and temporary and permanent facilities required for the project.

3. Installing temporary construction power, wiring, and lighting facilities, as required.

4. Providing site sanitary facilities.

5. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer's specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

6. Any work, coordination, hardware/software, Internet, and related technical or process-based activities associated with submittals, RFIs, and other items for coordination of project.

7. Obtaining and paying for all required bonds, insurance, and permits and licenses.

8. Posting all OSHA required notices and establishment of safety programs.

9. Submittal of required Construction Schedule.

C. Payment for demobilization shall occur when all required items per the contract are fulfilled, including the submittal and acceptance of Contractor’s record drawings, and the site is free of equipment, spare materials, temporary facilities, and is clean.

Note: No payment for the “Mobilization” bid item will be made unless the construction schedule and traffic control plan have been submitted and accepted by the Engineer.

D. In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section 01 33 00, "Submittals." Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

E. Maximum limit for Mobilization and Demobilization is 6% (six percent) of the Total Bid Price.

2.02 WATER POLLUTION CONTROL (Bid Item No. 2)
A. Measurement for payment for this bid item will be based upon, but not limited to, furnishing, installing, and maintaining all labor, materials, tools, permits, permit fees, and equipment required for preparation, placement, implementation and maintenance of temporary erosion and sediment control measures.

B. The first payment for Water Pollution Control shall be no more than twenty-five percent (25%) of the bid item amount. The remainder of the bid item amount shall be divided evenly among the entire schedule and will be paid in monthly payments so long as the Contractor continues to properly implement the approved plan.

C. Payment for Water Pollution Control will be made at the lump sum (LS) price, which price shall constitute full compensation for preparing and obtaining approval for a Water Pollution Control Plan (WPCP) and for implementation of the WPCP, including furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in installing temporary erosion control measures within the limits shown on the Plans, approved WPCP and as specified in the Standard Specifications and these Technical Specifications, including but not limited to seed, hydroseed, fiber rolls, erosion control blankets, covers, gravel bags, filter bags, hydraulic mulch, tacked straw, top soil, fine grading, cleaning and removing sediment deposits inside existing storm drains and drainage ditches, and no additional allowances will be made therefor.

2.03 SHORING AND TRENCH SAFETY (Bid Item No. 3)
A. Full compensation for Shoring and Trench Safety shall be paid for at the contract lump sum (LS) price, which price shall include full compensation for furnishing all labor, materials, tools and equipment and doing all work involved in trench bracing, sheeting and shoring or equivalent method as needed to construct the project and the removal and disposal of all such temporary sheeting, shoring, ground improvements, and bracing complete, as required under the provisions of any permits, and in accordance with the requirements of OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of the California Labor Code Sections 6700-6708, as specified herein, and no additional allowance will be made therefor.

2.04 TEMPORARY TRAFFIC CONTROL (Bid Item No. 4)
A. Measurement for payment for this bid item will be based upon, but not limited to, all work required for Temporary Traffic Control under Section 01 50 00, “Construction Facilities and Temporary Controls” and as otherwise required in these Contract Documents, permits, construction area signs, temporary striping and markings, installing and maintaining all measures throughout the project limits, inclusive of staging areas, and advance of the project limits to temporarily control, detour, or stage traffic during construction and all other related work per the Contract Documents.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

B. The first payment for traffic control shall be reflective of actual costs to mobilize traffic control to the area, and no more than fifty percent (50%) of the bid item amount. The remainder of the bid item amount shall be divided evenly among the entire schedule and will be paid in monthly payments so long as the Contractor continues to properly implement the approved plan. Active traffic control is anticipated to be required for only the on-site installation and construction portion of the project rather than for the entire duration of the project. It is expected that the installation phase will require between 30 and 50 calendar days.

C. Payment for Temporary Traffic Control will be made at the lump sum (LS) price, which price shall constitute full compensation for the completion of all such work as required per the Contract Documents, as specified in the State Standard Specifications and these specifications, and no additional allowances will be made therefor.

2.05 DEWATERING (Bid Item No. 5)
A. Measurement for payment for this bid item will be based upon, but not limited to completion of all the necessary measures to dewater excavations during construction, including: but not limited to all planning, design, engineering, labor, materials, tools, equipment, permits and permit fees, and dewatering fees, excavation, wells, pumps, piping, temporary trenching of piping (e.g. under road crossings and driveways) and associated utilities if necessary, Baker Tank (as required), power supply, continuous monitoring and measurement of existing flows and flow capacities of systems receiving flows, continuous monitoring and measurement of dewatering flows, modification of dewatering flows based on the available capacity of downstream systems, providing, operating, maintaining, and removal of all materials associated with particulate/sediment filters used during discharge to the sanitary sewer system, sampling, testing, lab analysis, providing back-up dewatering systems as necessary to continue work operations, coordination with the City and/or other agency having jurisdiction for access, cleaning and monitoring of existing systems, treatment, conveyance and legal discharge, removal of wells, and all other related work per the Contract Documents.

B. Payment for Dewatering will be made at the lump sum (LS) price, which price shall constitute full compensation for the completion of all such work as required per the Contract Documents, as specified in the State Standard Specifications and these specifications, and no additional allowances will be made therefor.

C. City to reimburse the Contractor for actual fees charged by the City for discharge to the sanitary sewer system. Reimbursement shall not include any Contractor’s markup.

2.06 10” WATER MAIN (Bid Item No. 6)
A. Measurement for payment for this bid item will be based upon, but not limited to, furnishing and installing all labor, materials, tools, and equipment required to install 10- inch water main and appurtenances as shown on the Drawings, as based upon installing the pipeline per paragraph 1.03.C of this section, and as required per the Contract Documents.

B. Payment for 10” Water Main will be made at the unit bid price per linear foot (LF), which price shall constitute full compensation for the completion of all such work as required per Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

the Contract Documents, as specified in the State Standard Specifications and these specifications, and no additional allowances will be made

2.07 10” GATE VALVE (Bid Item No. 7)
A. Measurement for payment for this bid item will be based upon, but not limited to, furnishing and installing all labor, materials, tools, and equipment required to install 10- inch gate valves and appurtenances as shown on the Drawings, as based upon installing the pipeline per paragraph 1.03 D of this section, and as required per the Contract Documents.

B. Payment for 10” Gate Valve will be made at the unit bid price per each (EA), which price shall constitute full compensation for the completion of all such work as required per the Contract Documents, as specified in the State Standard Specifications and these specifications, and no additional allowances will be made

2.08 CONNECT TO EXISTING WATER MAIN (Bid Item No. 8)
A. Measurement for payment for this bid item will be based upon, but not limited to, completion of all necessary work including furnishing, installing and maintaining all necessary equipment, labor, materials, and tools required for providing connection between the new water main and existing water main per the Contract Documents as based upon installing the pipeline per paragraph 1.03 D of this section, and in accordance with City standards.

B. Payment for Connect to Existing Water Main will be made at the unit bid price per each (EA), which price shall constitute full compensation for the completion of all such work as required per the Contract Documents, as specified in the State Standard Specifications and these special provisions, and no additional allowances will be made therefor.

2.09 ABANDON WATER MAIN (Bid Item No. 9)
A. Measurement for payment for this bid item will be based upon, but not limited to, all labor, materials, tools and equipment for the abandonment of existing water pipelines (mains and services), and appurtenances required in performing the work required per the Contract Documents. The work shall include submittal to the City of an abandonment plan, obtain approval from the City, filling such mains and pipelines, and appurtenance and handling, hauling, and disposal of excess and/or removed concrete materials as required, and as based upon installing the pipeline per paragraph 1.03 D of this section.

B. Payment for Abandon Water Main will be made at the lump sum (LS) bid price, which price shall constitute full compensation of all such work as required per the Contract Documents, as specified in the Standard Specifications and these special provisions, and no additional allowances will be made therefor.

2.10 10”X10”X10” TEE ON ZONE 2 WATER MAIN (LELAND ST.) (Bid Item No. 10) A. Measurement for payment for this bid item will be based upon, but not limited to, completion of all necessary work including furnishing, installing and maintaining all Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

necessary equipment, labor, materials, and tools required for providing the installation of the new tee on the existing water main, to allow for installation of new 10” gate valves per the Contract Documents as based upon installing the pipeline per paragraph 1.03 D of this section, and in accordance with City standards.

B. Payment for 10"x10"x10" Tee on Zone 2 Water Main (Leland St.) will be made at the lump sum (LS) price, which price shall constitute full compensation for the completion of all such work as required per the Contract Documents, as specified in the State Standard Specifications and these special provisions, and no additional allowances will be made therefor.

2.11 3/4" WATER SERVICE (Bid Item No. 11)
A. Measurement for payment for this bid item will be based upon, but not limited to, completion of all necessary work including furnishing, installing and maintaining all necessary equipment, labor, materials, and tools required for replacing the existing 3/4” water services with new services between the new water mains and connecting to the existing water meters per City Standards, returning to match grade and existing conditions to nearest sidewalk score mark, and all other related work per the Contract Documents, applicable City Standards, as based upon installing the pipeline per paragraph 1.03 D of this section, and as shown in the Plans. Existing services locations shown on the plans are approximate. It is the Contractor’s responsibility to field locate and confirm service locations. It is the Contractor’s responsibility to locate and confirm service locations and elevations of tie-ins.

B. Payment for 3/4" Water Service will be made at the unit bid price per each (EA), which price shall constitute full compensation for the completion of all such work as required per the Contract Documents, as specified in the State Standard Specifications and these special provisions, and no additional allowances will be made therefor.

2.12 PAVEMENT STRIPING AND MARKINGS (Bid Item No. 12)
A. Measurement for payment for this bid item will be based upon, but not limited to, all necessary work including furnishing all labor, tools, materials and equipment required to restore all pavement striping and markings disturbed during construction, in accordance with Caltrans and City Standards.

B. Payment for Pavement Striping and Markings will be made at the contract lump sum (LS) price, which price shall constitute full compensation for the completion of all such work as required per the Contract Documents, as specified in the State Standard Specifications and these specifications, and no additional allowances will be made therefor.

PART 3 - EXECUTION - (NOT USED)

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS
PART 1 GENERAL

1.1 SUBMITTALS
A. Statement of Qualification (SOQ) for land surveyor or professional engineers employed by the Contractor in the work.

B. Photographs and other records of examination, as required herein.

1.2 OTHER WORK
A. Coordination of Contractor’s Work with Others: Refer to Section 01 10 00, “Summary of Work,” for coordination of Contractor's Work with City, the Engineer, other Contractors, or other parties.

1.3 UTILITIES
Notify applicable utility providers:

A. Prior to commencing Work,
B. If damage occurs, or
C. If conflicts or emergencies arise during Work.

D. Prior to connecting to any existing structure or pipeline carrying wastewater, water, gas, storm water, or other material, the Contractor shall prepare and have approved by the Engineer his detailed plan on how the connection may be made without causing an uncontrolled discharge resulting in contamination of the soil or groundwater. By reviewing and approving the plan, the City does not accept responsibility for the adequacy thereof nor for any damages to public or private property caused by the Contractor.

1.4 PROJECT MEETINGS
A. General:

1. Schedule meetings throughout the progress of the Work, prepare meeting agenda and distribute with written notice of each meeting, record minutes to include significant proceedings and decisions, and reproduce and distribute copies of minutes within one day after each meeting to participants and parties affected by meeting decisions.

2. Representatives of City, Contractor, and Subcontractors shall attend meetings, as needed.

B. Preconstruction Conference:

1. A preconstruction conference attended by the Contractor, the Engineer, City staff and others as appropriate will be held to discuss the WORK in accordance with the applicable procedures specified in Section 01 10 00, “Summary of Work.” All subcontractors are required to be in attendance when safety issues and safety training requirements are presented.

2. Attendees may include but not be limited to:

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

a. Engineer and other City representatives.
b. Contractor's resident superintendent.
c. Contractor's quality control representative.
d. Contractor’s safety program representative.
e. Subcontractors' representatives whom Contractor may desire or Engineer may request to attend.
f. Engineer's representatives.
g. Utility agencies’ representatives.
h. Others as appropriate.

C. Progress Meetings:

1. Schedule weekly progress meetings at the site. Conduct weekly meeting to review Work progress, progress schedule, submittal submissions schedule, Application for Payment, contract modifications, and other matters needing discussion and resolution.

2. Attendees will include:
a. Engineer and other City representatives.
b. Contractor, and appropriate Subcontractors and Suppliers. c. Engineer's representative(s).
d. Others as appropriate.

D. Quality Control and Coordination Meeting(s):

1. Schedule on a regular basis and as necessary to review test and inspection reports, and other matters relating to quality control of Work and work of other contractors.

2. Attendees will include Engineer and other City Representatives, Contractor, Contractor's designated quality control representative, selected Subcontractors and Suppliers, and Engineer's representatives.

E. Pre-installation Meetings:

1. When required in individual specification sections, convene at site prior to commencing Work of that section.

2. Require attendance of entities directly affecting, or affected by, Work of that section.

3. Notify the Engineer 5 days in advance of meeting date.

4. Provide suggested agenda to the Engineer to include reviewing conditions of installation, preparation and installation or application procedures, and coordination with related Work and work of others.

F. Other Meetings: In accordance with Contract Documents and as may be required by City and Engineer.

1.5 SEQUENCE OF WORK
A. Include the Milestones and sequences of Work specified herein as a part of the progress schedule required under Section 01 32 16, “Construction Progress Schedules.” B. Construct Work in stages to allow for City continuous occupancy during construction.

Coordinate construction schedule and operation with the City.

C. Be responsible for temporary connections and structures required to maintain City operations.

Sequences other than those specified will be considered by Engineer, provided they afford equivalent continuity of operations.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

D. Perform Work continuously during critical connections and changeovers, and as required to prevent interruption of City operations.

E. Coordinate proposed Work with the Engineer and facility operations personnel before effecting unit shutdowns. Under no circumstances cease Work at the end of a normal working day if such actions may inadvertently cause a cessation of any facility operating process, in which case, remain onsite until necessary repairs are complete.

F. Do not close lines, open switches, or take other action which would affect the operation of existing systems, except as specifically required by the Contract Documents and after approval of the Engineer. Such actions will be considered by City and Engineer upon one week written notice to the Engineer.

1.6 ADJACENT FACILITIES AND PROPERTIES
A. Examination:

1. After Effective Date of the Agreement and before Work at site is started, Contractor, Engineer, and affected property owners and utility owners shall make thorough examination of pre-existing conditions including existing buildings, structures, pipelines, and other improvements in vicinity of Work, as applicable, which might be damaged by construction operations.

2. Contractor shall take two sets of photographs and videotape pre-existing conditions prior to the start of the work. One set of photographs and videotape shall be given to the Engineer. Periodic reexamination shall be jointly performed to include, but shall not be limited to, cracks in structures, settlement, leakage, and similar conditions. Include public roads and improvements to adjacent private property as part of preexisting condition documentation.

3. Record observations for signature of Contractor.

B. Documentation:

1. Submit two copies of photographs, videotapes and other records documenting examination for Engineer’s signature. Engineer will review, sign, and return one record copy of every observation document and photograph to Contractor to be kept on file in Contractor's field office as site records.

2. These observations and photographs and videotapes are intended for use as indisputable evidence in ascertaining whether and to what extent damage occurred as a result of Contractor's operations, and are for protection of adjacent property owners, utility owners, Contractor, and City.

C. Notification: The Contractor shall notify all affected property owners at least one week prior to construction.

1.7 OWNER'S (City) OCCUPANCY
City will occupy the premises during the entire period of construction for the conduct of its normal operations. Cooperate with City in all construction operations to minimize conflict and to facilitate City usage.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

1.8 SITE SECURITY
Contractor shall coordinate with the Engineer to ensure that site security is maintained at all times.

Contractor shall take whatever measures are necessary to maintain site security, including the use of temporary fencing and gates if required. Contractor shall be completely responsible for the construction site security and for any vandalism or theft occurring thereto.

1.9 OWNER (City) FACILITIES
A. Operation and Shutdown of Existing Facilities:

1. Continuous occupancy of City facilities is of critical importance. Schedule and conduct activities to enable City access to existing facilities continuously, unless otherwise specified.

2. Conduct Work outside regular working hours on prior written consent of Engineer in accordance with Section 01 32 16, “Construction Progress Schedules,” to meet Project schedule and avoid undesirable conditions.

3. Do not proceed with Work affecting a facility's operation without obtaining Engineer’s advance approval of the need for and duration of such Work.

B. Damage to Existing Facilities

1. The Contractor shall be responsible for restoring, repairing, or replacing City facilities damaged by the Contractor, to the satisfaction of the Engineer.

1.10 PHYSICAL CONDITIONS
A. Exercise reasonable care to verify the location of existing subsurface structures and underground facilities, proceeding in accordance with Section 01 10 00, “Summary of Work” and of other applicable sections of the Specifications.

B. Thoroughly check adjacent areas subject to excavation by visual examination (and by electronic metal and pipe detection equipment, as necessary) for indications of subsurface structures and underground facilities.

C. Make exploratory excavations where existing underground facilities or structures may potentially conflict with proposed underground facilities or structures. Conduct exploratory excavations sufficiently ahead of construction to avoid possible delays to Contractor's Work.

1.11 REFERENCE POINTS AND SURVEYS
A. Location and elevation of benchmarks are shown on the Survey Control Diagram contained in the Drawings.

B. Dimensions for lines and elevations for grades of structures, appurtenances, and utilities are indicated on the Plans, together with other pertinent information required for laying out Work.

If conditions vary from those indicated, Contractor shall notify the Engineer and Engineer immediately.

C. City and/or Engineer may perform checks to verify accuracy of Contractor's layout Work and that completed Work complies with the Contract Documents.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

D. Any existing survey points or other control markers destroyed shall be replaced by a Land Surveyor licensed in the State of California and approved by City. Replacement shall be at the Contractor's expense.

E. Contractor's Responsibilities:

1. Provide additional survey and layout required, and construction staking as required.

2. Locate and protect reference points prior to starting Work at site.

3. Check and establish exact location of existing facilities prior to construction of new facilities and any connections thereto.

4. In event of discrepancy in data provided by Engineer, request clarification before proceeding with Work.

5. Preserve and leave undisturbed control staking.

6. Re-establish reference points resulting from destruction by Contractor's operations.

7. Retain professional land surveyor or civil engineer registered in California who shall perform or supervise engineering surveying necessary for additional construction staking and layout.

8. Maintain complete accurate log of survey Work onsite as it progresses as a Record Document. Include in project as-builts. See Section 01 72 00, “Record Documents.”

9. Submit documentation, as requested.

10. Provide competent employee(s), tools, stakes, and other equipment and materials as the Engineer may require to:
a. Check layout, survey, and measurement of Work.
b. Measure quantities for payment purposes.

11. Cooperate with the Engineer so that checking and measuring may be accomplished with least interference to Contractor's operations.

1.12 PERMIT REQUIREMENTS
A. Notification

1. The Contractor shall provide a contact name and mailing address for the purpose of notification in conformance with the approval or permit conditions. The Contractor shall provide the name(s), email addresses, and telephone numbers of representatives who can be reached at all times and who have the authority and responsibility to respond immediately to an emergency situation at the construction jobsite. Mailing addresses, email addresses, name and telephone numbers required for notification and emergency response shall be provided to the City Engineer.

B. The Contractor shall submit copies of all other permits and approvals from other government agencies with respect to the work. If a permit is not required from these agencies, the Contractor should provide copies of correspondence that indicates that a permit is not required.

C. The above requirements shall be distributed to all Subcontractors working on the project site.

PART 2 PRODUCTS - (NOT USED)
PART 3 EXECUTION - (NOT USED)

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 32 16

CONSTRUCTION PROGRESS SCHEDULE
PART 1 GENERAL

1.1 DESCRIPTION
A. Summary: The work of this section consists of project schedule requirements including preparation of a project schedule, schedule updates, schedule revisions and time impact analysis.

The project schedule shall be based upon the Critical Path Method (CPM) for planning, scheduling and reporting progress of the Work.

B. Purpose: The purpose of the project schedule is to ensure adequate planning, coordination, scheduling, and reporting during execution of the work by the Contractor. The project schedule will assist the Contractor and the Engineer in monitoring the progress of the work, evaluating proposed changes, and processing the Contractor's monthly progress payment.

C. Software: The software shall be the latest version of Primavera Project Planner (P3), SureTrak Project Scheduler, Microsoft Project, or approved equal.

D. No work shall be done outside of the hours stated in the Contract Documents without written permission of the Engineer.

1.2 SUBMITTALS
A. Project Schedule: After contract award and before the Pre-Construction conference, submit one electronic copy and 2 paper copies of the proposed project schedule, and accompanying CPM Schedule Reports.

B. Project Schedule Updates: On or before the 7th day preceding the progress payment request date, submit estimates of the percent completion of each schedule activity and necessary supporting data. Provide two paper copies and one electronic copy.

C. Project Schedule Revisions and Time Impact Analysis: Submit one electronic copy and two paper copies of a Time Impact Analysis. Each Time Impact Analysis shall include a Fragmentary Network (Fragnet) demonstrating how the Contractor proposes to incorporate a modification, change, delay, or Contractor request into the project schedule.

1.3 PROJECT SCHEDULE
A. Schedule Development:

1. The late finish date shown on the schedule shall be the same date as the last day of the contract period.

2. The Contractor shall use the Precedence Diagram Method (PDM) with limited use of lead or lag durations between schedule activities. The Contractor's project schedule shall consist of procurement activities (including mobilization, submittal, and the fabrication and delivery of key and long-lead procurement items) and construction activities.

3. The Contractor's project schedule shall consist of, but not be limited to, the following for each activity:

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

a. Identify each and every activity number with numerical designations (maximum 5-digit). Numbering of activities shall be in increments of 10 digits. b. Concise description of the work represented by the activity (maximum 48 characters).

Avoid the use of non-standard abbreviations. The work related to each activity shall be limited to one work trade.
c. Activity duration in whole working days with a maximum duration of 15 work days each, unless otherwise approved by the Engineer, except for non-construction activities including mobilization, shop drawing and sample submittals, fabrication of materials, delivery of materials and equipment, and concrete curing.

4. In developing the project schedule, ensure that subcontractor work at all tiers, as well as the prime contractor’s work, is included and coordinated in the project schedule.

5. The project schedule as developed shall show the sequence and interdependence of activities required for complete performance of the work. Ensure all work sequences are logical and the project schedule shows a coordinated plan of the work.

6. Proposed duration assigned to each activity shall be the Contractor's best estimate of time required to complete the activity considering the scope and resources planned for the activity.

7. Resource loading of each activity shall list all personnel by labor category and equipment type and capacity proposed to complete the activity in the duration shown.

8. Consider seasonal weather conditions in planning and scheduling all work influenced by high or low ambient temperatures, wind and/or precipitation to ensure completion of all work within the contract time. Show anticipated weather conditions on project calendar.

B. Joint Review, Revision, and Acceptance:

1. Within seven calendar days of receipt of the Contractor's proposed project schedule, the Engineer and Contractor shall meet for joint review, correction, or adjustment of the proposed project schedule. Any areas which, in the opinion of the Engineer, conflict with timely completion of the project shall be subject to revision by the Contractor.

2. In the event the Contractor fails to define any element of work, activity, or logic, and the Engineer review does not detect this omission or error, such omission or error, when discovered by the Contractor or Engineer, shall be corrected by the Contractor at the next monthly project schedule update and shall not affect the contract time.

3. Within seven (7) calendar days after the joint review between the Contractor and Engineer, the Contractor shall revise and resubmit the project schedule in accordance with agreements reached during the joint review.

4. Upon acceptance of the project schedule by the Engineer, the project schedule will be used to evaluate the Contractor's monthly applications for payment based upon information developed at the monthly project schedule update meeting.

1.4 PROJECT SCHEDULE UPDATES
A. General: Update the project schedule on a bi-weekly basis throughout the entire contract time and until project substantial completion. The status date of each schedule update shall be the 7th day preceding the progress payment request date.

B. Procedure: The Contractor shall meet with the Engineer each month at a project schedule update meeting to review actual progress made through the status date of the project schedule update, including dates activities were started and/or completed and the percentage of work completed on each activity started and/or completed.

C. Progress Payments: The monthly updating of the project schedule shall be an integral part of the process upon which progress payments will be made under this contract. If the Contractor Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

fails to provide schedule updates or revisions, then a portion of his monthly payment may be retained until such corrections have been made.

1.5 PROJECT SCHEDULE REVISIONS
A. Required Revisions: If, as a result of the monthly schedule update, it appears the project schedule no longer represents the actual prosecution and progress of the work, the Engineer will request, and the Contractor shall submit, a revision to the project schedule. The Contractor may also request reasonable revisions to the project schedule in the event the Contractor's planning for the work is revised. If the Contractor desires to make changes in the project schedule, the Contractor shall notify the Engineer in writing, stating the reason for the proposed revision.

Accepted revisions will be incorporated into the project schedule at the next monthly schedule update.

B. Procedure: If revision to the project schedule is contemplated, the Contractor or Engineer shall so advise the other in writing at least seven (7) calendar days prior to the next schedule update meeting, describing the revision and setting forth the reasons therefore. City-requested revisions to the project schedule will be presented in writing to the Contractor, who shall respond in writing within seven (7) calendar days.

1.6 TIME IMPACT ANALYSIS FOR CONTRACT MODIFICATIONS, CHANGES, DELAYS, AND

CONTRACTOR REQUESTS
A. Requirements: When contract modifications or changes are initiated, delays are experienced, or the Contractor desires to revise the project schedule, the Contractor shall submit to the Engineer a written time impact analysis illustrating the influence of each modification, change, delay, or Contractor request on the contract time.

B. Time Extensions: Activity delays shall not automatically mean that an extension of the contract time is warranted or due the Contractor. It is possible that a modification, change, or delay will not affect existing critical path activities or cause non-critical activities to become critical. A modification, change, or delay may result in only absorbing a part of the available total float that may exist within an activity chain of the project schedule, thereby not causing any effect on the contract time. Time extensions will be granted in accordance with the terms of the contract.

C. Float: Float is not for the exclusive use or benefit of either the Government or the Contractor.

Extension of the contract time will be granted only to the extent the equitable time adjustments to the activity or activities affected by the modification, change, or delay exceeds the total (positive or zero) float available on a particular activity.

D. Procedure: Each time impact analysis shall be submitted within the time period stated in a request for proposal, or the time period designated under the clauses entitled Changes or Default.

In cases where the Contractor does not submit a written request for extension of time and a time impact analysis within the designated time, it is mutually agreed that the particular modification, change, delay, or Contractor request does not require an extension of the contract time. Upon acceptance, the time impact analysis shall be incorporated into the project schedule at the next monthly schedule update.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

PART 2 PRODUCTS - (NOT USED)
PART 3 EXECUTION - (NOT USED)

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 33 00

SUBMITTALS
PART 1 GENERAL

1.1 DESCRIPTION
A. This Section specifies the general methods and requirements of submissions applicable to the following work-related submittals: Shop Drawings, Product Data, Samples, and Construction or Submittal Schedules. Detailed submittal requirements will be specified in the technical specification section.

1.2 SHOP DRAWINGS, PRODUCT DATA, SAMPLES
A. Shop Drawings.

1. Shop drawings, as specified in individual work Sections include, but are not necessarily limited to: custom-prepared data such as fabrication and erection/installation (working) drawings of concrete reinforcement, piping layout, scheduled information, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports including performance curves and certifications as applicable to the work.

2. All shop and working drawings shall be prepared on standard size, 22-inch by 34-inch sheets, except those which are made by changing existing standard shop or working drawings.

3. All shop drawings submitted by subcontractors for approval shall be sent directly to the Contractor for checking. The Contractor shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials.

4. The Contractor shall check all subcontractors’ shop drawings regarding measurements, size of members, materials, and details to satisfy himself/herself that they conform to the intent of the Drawings and Specifications. Shop drawings found to be inaccurate or otherwise in error shall be returned to the subcontractors for correction before submission thereof.

5. All details on shop drawings submitted for approval shall show clearly the relation of the various parts of main members and lines of the structure, and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the Drawings before being submitted for approval.

B. Product Data: Product data as specified in individual Sections, includes, but is not necessarily limited to, standard prepared data for manufactured products (sometimes referred to as catalog data), such as the manufacturer’s product specifications and installation instructions, availability, roughing-in diagrams and templates, catalog cuts, product photographs, standard wiring diagrams, printed performance curves and operational-range diagrams, production or quality control inspection and test reports and certifications and recommended spare-parts listing, and product warranties, as applicable to the Work. Product data shall be submitted electronically to the maximum extent possible.

C. Samples: Samples specified in individual Sections, includes, but is not necessarily limited to, physical examples of the work such as sections of manufactured or fabricated work, and units of work to be used by the Engineer for independent inspection and testing, as applicable to the Work.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

1.3 EQUIPMENT, MATERIALS AND COMPONENTS
A. All equipment, materials and components furnished by the Contractor shall be stock models for which parts are readily available and shall be products which shall have performed satisfactorily in an installation independent of the manufacturer's facilities for a consecutive period of not less than two (2) years as of the date of the bid opening.

B. Any item which the Contractor proposes to furnish as equal to any item specified shall be submitted for approval following the instructions below.

1.4 REQUIRED SUBMITTALS
C. Construction Schedule. The Contractor shall furnish the Engineer his/her proposed work schedule within 15 days after award of contract. The Contractor shall also advise the Engineer of revisions of the schedule as modifications may become necessary, or as may be required after commencement of work. Such outlines and revisions shall be in sufficient detail to enable the Engineer to judge as to the adequacy of the Contractor's operations and to anticipate such conditions as may tend to impair or retard the progress and completion of the work.

D. Payment Schedule. The Contractor shall furnish the Engineer a detailed payment schedule within 15 days of award of contract. This schedule shall be based upon the Contract Bidding Schedule but with sufficient additional detail to allow accurate calculation of the Monthly Progress Payment. Lump sum bid items shall be broken down into their component parts, i.e., mobilization, excavation, arsenic treatment system, etc. in accordance with Section 01 30 01 Schedule of Values with a cost figure for each.

E. Submittals are required on the items as listed individually in each section of the Technical Specifications (Divisions 2 through 49). The description of submittal data required is contained in the individual section.

F. As-built drawings: One (1) complete set of (22” x 34”) blueline prints of the Contract Drawings will be furnished to the Contractor for use in preparing as-built drawings. The Contractor shall keep this set of prints on the job site and accurately record (redline) all changes to contract drawings including Contract Modifications, as indicated in Section 01 72 00 Record Documents. Submit as-built redline prints to the Engineer at the completion of the job.

1.5 CONTRACTOR’S RESPONSIBILITIES
A. The Contractor shall review shop drawings, product data and samples, including those by Subcontractors, prior to submission to determine and verify the following:

1. Field measurements.

2. Field construction criteria.

3. Catalog numbers and similar data.

4. Conformance with the Specifications.

B. If a shop drawing shows any deviation from the requirements of the Contract Documents, the Contractor shall provide a description of the deviations with the reason and justification in a letter attached to the submittal.

C. The review and approval of shop drawings, samples or product data by the Engineer shall not relieve the Contractor from his responsibility with regard to the fulfillment of the Contract.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

D. No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data shall be at the Contractor’s risk. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity.

E. Project work, material, fabrication, and installation shall conform with approved shop drawings, applicable samples, and product data.

1.6 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule.

B. Deliver submittals electronically in PDF format.

C. All submittals and Requests for Information (RFI) shall be made sufficiently in advance of construction to provide 14 calendar days for review by the Engineer.

D. A single submittal shall be provided by the Contractor for all items contained within a single specification. Submit all product data, shop drawings, laboratory test results, material source information, and certificates of compliance listed in each specification section under a single submittal cover for review. Incomplete submittals will not be reviewed.

E. Number of submittals required. It is the intent of the City to maximize the use of electronic submittals. Submit one electronic copy to the Engineer. If an electronic submittal is not practical submit per the following:

1. Shop Drawings: Unless otherwise stated in the respective Specifications Sections, submit five hard copies.

2. Product Data: Unless otherwise stated in the respective Specifications Sections, submit five hard copies.

3. Samples: Submit five samples unless stated otherwise in the respective Specification Sections.

F. Submittals shall contain:

1. Cover sheet that includes:
a. The date of submission and the dates of any previous submissions. b. The Project title and number.
c. Contractor identification.
d. The names of:
1) Contractor.
2) Supplier.
3) Manufacturer.
e. Identification of the product, with the specification section number, page, and paragraph(s).

2. Field dimensions, clearly identified as such.

3. Relation to adjacent or critical features of the Work or materials.

4. Applicable standards, such as ASTM numbers.

5. Identification of deviations from Contract Documents.

6. Identification of revisions on resubmittals.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

1.7 REVIEW OF SHOP DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND SAMPLES A. The Engineer’s review is for general conformance with the design concepts presented in the Contract Documents. Markings or comments shall not be construed as relieving the Contractor from compliance with the Contract Drawings and Specifications or from departures there from.

The Contractor remains responsible for details and accuracy, for coordinating the work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly, and for performing work in a safe manner.

B. The review of shop drawings, data, and samples will be general. They shall not be construed:

1. As permitting any departure form the Contract requirements:

2. As relieving the Contractor of responsibility for any errors, including details, dimensions, and materials:

3. As approving departures from details furnished by the Engineer, except as otherwise provided herein.

C. If the shop drawings, data or samples submitted describe variations and show a departure from the Contract requirements which the Engineer finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the Engineer may return the reviewed drawings without noting an exception.

D. One electronic copy of shop drawings or product data will be returned to the Contractor.

Samples will not be returned. If the Contractor wishes extra copies to be returned, he shall submit additional copies.

E. Submittals will be returned to the Contractor under one of the action codes indicated and defined on the transmittal form furnished by the Engineer.

F. Re-submittals will be handled in the same manner as first submittals. On re-submittals the Contractor shall direct specific attention, in writing, on the letter of transmittal and on resubmitted shop drawings by use of revision triangles or other similar methods, to revisions other than the corrections requested by the Engineer on previous submissions. Any such revisions which are not clearly identified shall be made at the risk of the Contractor. The Contractor shall make corrections to any work done because of a revision that is not in accordance with the Contract Documents.

G. Partial submittals may not be reviewed. The Engineer will be the only judge as to the completeness of a submittal. Submittals not complete will be returned to the Contractor, and will be considered “Rejected” until re-submitted. The Engineer may at his option provide a list or mark the submittal directing the Contractor to the areas that are incomplete.

H. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, the Contractor shall give written notice thereof to the Engineer at least five (5) working days prior to release for manufacture.

I.When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Engineer.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

1.8 DISTRIBUTION
A. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the Engineer.

1.9 GENERAL PROCEDURES FOR SUBMITTALS
A. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities, or within the time specified in the individual work sections of the Specifications, so that the installation will not be delayed by processing times including re-submittal (if required), coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be authorized because of poorly sequenced activities. No extension of time will be authorized because of the Contractor’s failure to transmit submittals sufficiently in advance of the Work.

B. All submittals shall be made utilizing the government furnished Submittal Form R1-67 which shall be used as the document for approving or disapproving the material. Written approval must be obtained from the Government before items requiring submittal are installed.

Submittals not in accordance with the plans and specifications shall be accompanied by a written statement indicating in detail all parts which deviate from the plans and specifications.

C. All submittals shall be made to the Engineer by the Contractor only. Submittals received by the Engineer without the Contractor's signature shall be returned to the Contractor without action.

D. Literature, shop drawings, etc., fully describing the items which the Contractor proposes to install shall be submitted in the form of one electronic copy. Material or finish samples shall be submitted in five (5) sets. Items submitted shall be plainly marked to indicate which options, models etc. are proposed.

PART 2 PRODUCTS - (NOT USED)
PART 3 EXECUTION - (NOT USED)

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 40 00

QUALITY CONTROL
PART 1 GENERAL

1.1 PERFORMANCE OF WORK BY CONTRACTOR
A. The Contractor's procedure and methods of construction may, in general, be of his/her own choosing, provided they follow best general practice and are calculated to secure results which will satisfy the requirements of these specifications.

B. The Contractor shall furnish the Engineer all reasonable facilities for obtaining such information as he may desire respecting the character of the materials and the progress of the work. The Contractor shall furnish information to include the number of persons employed, their pay, the time they worked, and other elements of cost at the request of the Engineer or the Engineer.

1.2 AUTHORITY OF THE ENGINEER
A. The authority of the Engineer for technical contract administration and inspection of the work is limited to the following functions:

1. Inspect and accept or reject work and materials including exceptions to material submittals and shop drawings.

2. Assure compliance with all technical contract terms and conditions.

3. Clarify specifications and drawings where clarification does not involve contract cost or time. Any disagreements with the Contractor over clarification of specifications and drawings are to be immediately referred to the City.

4. Verify, prepare, and recommend payment estimates on progress payments; forward to the City for approval.

5. Conduct "Labor Standards Interviews" in accordance with instructions from the City. All known or suspected violations of the Labor Standards Provisions shall be reported immediately to the City.

6. Enforce safety requirements in accordance with the Federal and State Regulations and the Technical Specifications.

B. The Engineer is not authorized to take the following actions, all of which remain the sole responsibility of the Engineer.

1. Make changes to the contract provisions, period of performance, or change any contract terms or conditions.

2. Make decisions concerning any claims and disputes under this contract.

C. Close liaison will be maintained by the Engineer, the City and the Contractor. The Engineer shall notify the City immediately of any problems encountered, including but not restricted to maintaining completion schedules.

1.3 AUTHORITY OF THE INSPECTOR
A. An Inspector employed by the City will assist the Engineer in making inspections and measurements and will enforce strict compliance with the terms of the contract.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

B. The Inspector shall have free access to the job site at all times while construction is in progress, and the Contractor shall furnish such information and assistance as may be necessary.

C. The Inspector shall, on a daily basis, record the work being accomplished, the trades working, materials delivered and/or installed, reasons for delays, and other pertinent information.

D. The Inspector may reject unsuitable materials or work not performed in accordance with the terms of the contract until the situation has been referred to and resolved by the Engineer and/or City.

E. The Inspector shall observe that all construction is performed in conformance with the contract health and safety requirements.

F. The Inspector shall conduct wage rate interviews and report suspected labor standard violations to the City.

G. The Inspector shall check and verify the Contractor's progress payment requests, if progress payments have been included in the contract.

H. No decisions or instructions of an Inspector will at any time relieve the Contractor from the responsibility of complying fully with all the requirements of the contract. In cases of difference arising between an Inspector and the Contractor or his agent, appeal shall be taken to the Engineer.

I. Inspectors are not authorized to waive or alter in any respect any of the terms or requirements of the contract, to make additional requirements, to grant extensions of time or delays, or to waive forfeitures. The Contractor shall not be entitled to payment for any work improperly performed with or without an Inspector's approval.

1.4 INSPECTION AND TESTING
A. Contract Description.

1. Where the Contract Documents require work to be field tested or approved, it shall be tested in the presence of the Engineer or its authorized representative. The Engineer shall have the right to witness all on-site tests performed by the Contractor and any shop tests.

The results of any tests performed by the Contractor shall be made available for the information of the Engineer. Inspections, tests or favorable reviews by the Engineer or others shall not relieve the Contractor from its obligation to perform the work in accordance with the requirements of the Contract Documents or for its sole responsibility for the quality of workmanship and materials.

2. Except as specifically required under the technical specifications for testing and inspection, all tests for materials furnished by the Contractor will be done in accordance with commonly recognized standards of national organizations. Where tests are to be performed by an independent laboratory or agency, the Contractor shall furnish such samples of all materials as required by the Engineer without charge. The sample or samples of materials to be tested shall be selected by such laboratory or agency, or the Engineer, and not by the Contractor. No material for which the Contract Documents require the submittal and approval of tests, certificates of compliance or other documentation shall be incorporated in the Work until such submittal has been made and approved.

3. The Contractor shall provide safe access for the Engineer and inspectors to adequately inspect the quality of work and the conformance with the Contract Documents. The Contractor shall furnish the Engineer the necessary labor and facilities for such things as Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

excavation in the compacted fill to the depths required to take samples. The Contractor shall provide adequate lighting, ventilation, ladders and other protective facilities as may be necessary for the safe performance of inspections.

4. Upon completion of the Work the Engineer will conduct a final inspection as provided for in Section 01 77 00, “Project Closeout.” Records shall be available at all reasonable hours for inspection by other local or State agencies to ascertain compliance with laws and regulations.

B. Notice

1. The Contractor shall notify the Engineer in writing at least 72 hours before any field testing or special inspections, including concrete and compaction testing, are required to be performed by the independent laboratory. Any offsite test will require more intense planning and scheduling.

2. Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be provided.

Any work done in the absence of the Engineer shall be considered to be rejected. It will be the responsibility of the Contractor to demonstrate to the satisfaction of the Engineer that the work meets all conditions of the specification and if such conditions are not met to remove the work.

3. The Contractor shall give the Engineer written notification at least 30 days prior to the shipment of materials and equipment to be tested and/or inspected at the point of origin.

Satisfactory tests and inspections at the point of origin shall not be construed as a final acceptance of the materials and equipment nor shall such tests and inspections preclude retesting or re-inspection at the site of the Work.

C. Testing

1. The Contractor shall be responsible for, and shall pay for, all source quality control testing, off-site tests of materials required including all source and mix design tests for the approval of soil and concrete materials, testing for material disposal, and all quality control testing.

2. The City will perform the soils and concrete quality assurance testing in the Technical Specifications during the performance of the Work. The City may retain the services of an independent qualified testing agency to perform soil and asphalt quality assurance compaction testing and work identified as requiring special inspections and testing as defined by the CBC 2018.

3. The City will perform bacteriological and chlorine residual testing on the new water main.

4. The Contractor shall be responsible for water main pressure testing. The pressure test shall be witnessed by the City for the duration of the test.

5. The Contractor shall be responsible for the costs associated with the re-test of any failed test. The cost of the re-test of any failed test will be deducted from the bid price.

6. The Engineer shall have the authority to require additional tests or inspections due to the manner in which the Contractor executes its work. Examples of such additional tests and inspections include; tests of materials substituted for previously accepted materials, or substituted for specified materials, or retests made necessary by failure of material to comply with the requirements of the Specifications. The Contractor shall be responsible for the costs of any additional tests or inspections.

7. The Contractor shall submit information and certifications for any independent testing laboratory or agency to the Engineer for review and approval of the labs or agency.

D. Work Covered Prior to Inspection and/or Testing

1. Work requiring inspection and/or testing shall not be concealed or buried prior to the acceptance of such inspection or testing. Work covered without the favorable review or Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

consent of the Engineer shall, if required by the Engineer, be uncovered for inspection and/or testing at the Contractor's expense.

E. Work Covered With Prior Inspection and/or Testing

1. If the Engineer considers it necessary or advisable that covered work which was favorably inspected and tested be uncovered for re-inspection and/or retesting, the Contractor, at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such work is defective, the Contractor will bear all expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective the Contractor will be allowed an increase in the Contract price or an extension of the Contract time, or both, directly attributable to such uncovering, exposure, observation, testing and reconstruction, and a Change Order shall be issued for such additional work.

F. Coordination of State of California and other Inspections

1. The Contractor is completely responsible for scheduling all State, County, and any other agency inspections such as Pacific Gas and Electric Company in accordance with the State, County, and agency requirements. The Contractor shall notify the Engineer of all work component inspection notices and schedules. Failure of the Contractor to properly coordinate and schedule these inspections shall not be cause for time extensions.

PART 2 PRODUCTS

2.1 TEST WATER
A. The City will provide water for testing. The Contractor shall properly dispose of the water which is required for testing of piping and structures, including dechlorination. The Contractor shall coordinate with the City for the use of water available at the project site and shall pay all costs associated with the use of the water. The Contractor shall dispose of all testing water in the sanitary sewer without damage to property, and in accordance with applicable regulations.

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 50 00

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GENERAL

1.1 SUBMITTALS SECTION INCLUDES
A. Meet requirements of Section 01 33 00, “Submittals,” as applicable. Make submittals required below before starting Work at the site or in accordance with accepted schedule of submittals submissions.

B. Administrative Submittals: Copies of permits and approvals for construction as required by Laws and Regulations and governing agencies.

C. Traffic Control Plan: Submit vehicular and pedestrian traffic control plan as described in this section.

1.2 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS
A. City of Sebastopol Standard Specifications and Details.

B. State of California, Department of Transportation (Caltrans) Specifications and Standards:

1. Standard Specifications:
a. Section 7 Legal Relations and Responsibility
b. Section 12 Construction Area Traffic Control Devices

2. Standard Plans:
a. Temporary Traffic Control Systems

3. California Manual on Uniform Traffic Control Devices, Current Edition (California MUTCD)
C. Commercial Standards:

1. State of California, Division of Industrial Safety, Department of Industrial Relations:

2. Safety Orders of the Division of Industrial Safety, Department of Industrial Relations of the State of California, current edition
D. The Contractor must so conduct their operations so as to cause the least possible obstruction and inconvenience to public traffic. Unless otherwise approved by the Engineer, all traffic must be permitted to pass through the Work.

E. Due to the need to accommodate and minimize inconvenience to the public, unless expressly specified or approved in writing by the Engineer, no road closures will be permitted. Public vehicular and pedestrian traffic must be allowed to travel through the Work area with an absolute minimum of interruption or impedance unless otherwise provided for in the Technical Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

Specifications or approved in writing by the Engineer. The Contractor must make provisions for the safe passage of pedestrians around the area of Work at all times.

F. Residents affected by construction must be provided passage and access through the Work area to the maximum extent possible.

G. The Contractor must provide multiple, advance written notices of closures to all affected property owners in a form approved by the Engineer.

H. Except as otherwise approved by the Engineer or City, the stockpiling or storing of material in City streets or right of way shall be prohibited. Where this is unavoidable, all such materials must be piled or stored in a manner that will not obstruct sidewalks, driveways, or pedestrian crossings. Gutters and drainage channels must be kept clear and unobstructed at all times. All such materials shall be stored and handled in a manner that protects City streets, sidewalks, or other facilities from damage.

I. Where approved in advance by the Engineer, the Contractor must construct and maintain detours for the use of public traffic at his or her own expense. Failure or refusal of the Contractor to construct and maintain detours so approved at the proper time will be a material breach of the Contract subject to any and all remedies available pursuant to the Contract Documents and at law and equity. Such remedies include, but are not limited to, termination pursuant to the Contract General Conditions.

J. Throughout performance of the Work the Contractor must construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for the public and private traffic at all times including Saturdays, Sundays and holidays.

K. The Contractor will be responsible for keeping all emergency services, including the Healdsburg police and fire departments informed of obstructions to, or detours around any public or private roads caused by reasons of his or her operations.

L. The Contractor must comply with the California Manual on Uniform Traffic Control Devices (MUTCD) at all times.

M. The fact that rain or other causes, either within or beyond the control of the Contractor, may force suspension or delay of the Work, shall in no way relieve the Contractor of his or her responsibility of maintaining traffic through the Project and providing local access as specified in this section. The Contractor must, at all times, keep on the job such materials, force and equipment as may be necessary to keep roads, streets and driveways within the Project open to traffic and in good repair and shall expedite the passage of such traffic, using such force and equipment as may be necessary.

1.3 MOBILIZATION
A. Mobilization shall include, but not be limited to, these principal items:

1. Moving Contractor's field office and equipment required for first month operations onto site.

2. Installing temporary construction power, wiring, and lighting facilities.

3. Providing on-site communication facilities, including telephones.

4. Providing onsite sanitary facilities and potable water facilities as specified and as required by Laws and Regulations, and governing agencies.

5. Insurance and bonds.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

6. Posting OSHA required notices and establishing safety programs and procedures.

7. Having Contractor's superintendent at the site full time.

8. Submitting of initially acceptable schedules as required.

B. Obtaining required permits.

1.4 ACCESS TO SITE
A. Access to the work from existing roads. The City assumes no responsibility for the condition or maintenance of any road or structure thereon that may be used by the Contractor in performing the work under these specifications or in traveling to and from the site of the work. No payment will be made to the Contractor by the City for any work done in improving, repairing, or maintaining any road or structure thereon for use in the performance of the work under these specifications. Roads subject to interference by the Work shall be kept open.

1.5 PROTECTION OF PROPERTY
A. The Contractor shall not enter upon private property for any purpose without first obtaining written permission from the owner or his duly authorized representative, shall be responsible for the preservation of all public and private property along and adjacent to work contemplated under the contract, and shall use every precaution necessary to prevent damage or injury thereto.

He/she shall exercise due care in preventing, and shall be responsible for damages to structures of all kinds, whether owned by the City or privately, and shall protect from disturbance or damage all land monuments.

1.6 PROTECTION OF ENVIRONMENT
A. All contract operations shall be conducted in compliance with all federal, state and local environmental laws and regulations. This condition applies to, but is not limited to, laws and regulations governing noise levels, air and water quality standards, and cultural resources.

B. If the Contractor fails or refuses to promptly comply with the requirements of subparagraph A. above, the Engineer or his/her authorized representative, shall notify the Contractor of any noncompliance and indicate to the Contractor the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed.

Such notice, either oral or written, when served on the Contractor or his representative(s) at the site of the work, shall be deemed sufficient.

C. In the event the Contractor fails or refuses to promptly comply with the compliance directive issued under subparagraph above, the Engineer with the concurrence of the Contracting Officer may issue an order to suspend all or any part of the work.

D. When satisfactory corrective action is taken, an order to resume work will be issued. The Contractor shall not be entitled to any extension of time, nor to any claim for damage or to excess costs by reason of either the directive or the suspension order.

1.7 ADDITIONAL SAFETY REQUIREMENT
A. In addition to the Safety Standards and Accident Prevention requirements of Section 23 of the Information for Bidders, and Section 16 of the Part III Special Provisions, roll-over protection and seat belts required by 29 CFR 1926 shall be extended to include equipment regardless of year of manufacture.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

1.8 CONTRACTOR'S USE OF PREMISES
A. Availability of lands:

1. All work is to be performed on City lands or such other lands which are designated for the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the City, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the Contractor exclusive occupancy of the lands or rights of way provided.

B. Use of premises: The Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the project site and approved staging areas. The Contractor shall assume full responsibility for any damage to any such land or area.

C. Lands furnished by the City upon which Contractor shall perform the Work are as shown on the Drawings.

D. Coordinate with the City on location(s) for Contractor’s temporary facilities and laydown of materials and equipment. In the absence of available laydown area for materials and equipment on City-owned lands or within the City right-of-way, Contractor shall make his/her own arrangements for temporary facilities and laydown of materials and equipment.

E. Contractor's employees shall park their vehicles in City approved parking areas only.

F. Contractor's employees shall not use existing City buildings or landscaped areas for break or lunch times. Contractor's employees shall be responsible for cleaning up any litter from break or lunch time.

1.9 TEMPORARY TRAFFIC CONTROL PLAN
A. The Contractor shall provide all materials, equipment, and labor necessary to furnish, place, and maintain all temporary traffic control systems, including construction and maintenance area traffic control devices and flaggers as required to access the project site and perform the Work in accordance with this Section, and all other appurtenant work, complete in place, as shown on the Drawings and as specified herein.

B. The Contractor shall submit for review by the Engineer, a Work Zone Traffic Control Plan on 11" x 17" format which contains only information related to the site-specific work zone traffic control. The plan will show which California MUTCD typical applications, if any, are to be used for each work operation in addition to site specific traffic control. If the Contractor proposed to use the current edition of California MUTCD in specific work operations, they shall submit in writing for consideration which Typical Application Diagram will be used for each work operation. The Work Zone Traffic Control Plan shall be specific to the proposed method(s) construction and shall include:

1. Specific details for construction staging, including the location and limits of the work zone.

2. Locations of all excavations.

3. Plans for protection of the public from construction-related hazards.

4. Lane closures and traffic routing including consideration of construction-related trucking routes.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

5. A trucking route for approval by the Engineer. The route must minimize traffic on residential streets that are not part of the project.

6. A pedestrian routing plan for approval by the Engineer prepared in accordance with the California MUTCD. The routing plan must demonstrate how pedestrians will be safely routed around the project site during construction.

7. Lane closure markings, barricade locations, and sign locations showing the necessary signing, methods of delineation and channelization and reference to the appropriate Caltrans standards and California MUTCD details for all affected roads.

8. Dimensions of lanes affected by traffic control that will be open to traffic.

9. Dimensions and locations of signs and cone tapers.

10. Identification of side streets and driveways affected by construction and

11. Time periods of lane closures and detours.

C. The Work Zone Traffic Control Plan 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.

D. The Work Zone Traffic Control Plan shall be submitted to the Engineer and other affected agencies for review at least two weeks prior to implementation in order to determine the Contractor’s compliance with the requirements of this section.

E. No work except for installation of project identification signs will be allowed to commence prior to approval of the Work Zone Traffic Control Plan.

F. A "Letter of Responsibility," on company letterhead, indicating the names and telephone numbers of at least three different persons who shall be available to be contacted in case of emergency at any time during the life of the contract. Said persons must have decision-making authority within the company.

1.10 PROTECTION OF WORK AND PROPERTY
A. Reference General Conditions and this Section.

B. Comply with all OSHA and other applicable safety rules.

C. Keep Owner informed of all accidents or near accidents on the site and related claims.

D. Use of Explosives: No blasting or use of explosives will be allowed on the site.

E. During the performance of the Work, Contractor is responsible for adapting its means, methods, techniques, sequences, and procedures of construction to allow the City to maintain operation as described in Section 01 10 00, “Summary Of Work,” at the existing level of facility production and consistent with applicable permit requirements, and Laws and Regulations. In performing such Work and in cooperating with the City to maintain operations, it may be necessary for Contractor to plan, design, and provide various temporary services, utilities, Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

connections, temporary piping and heating, access, and similar items that will be included within the Contract Price.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION

3.1 TEMPORARY UTILITIES
A. Power:

1. Electric power is not available at the site for the Contractor’s. Contractor shall make arrangements to obtain and pay for electrical power used in performing the Work until final payment and acceptance by the City.

2. Electrical appurtenances required for providing temporary electric power services for the Contractor shall be provided by the Contractor and approved by Pacific Gas and Electric Company.

3. Cost of electric power used in performance and acceptance testing will be borne by Contractor.

4. The Contractor shall provide its own diesel or gasoline engine driven air compressor system and power generator when required for its pneumatic tools or equipment, if any.

B. Lighting: Provide temporary lighting at least to meet all applicable safety requirements to allow erection, application or installation of materials and equipment, and observation or inspection of the Work. Cost of temporary lighting required for performing the Work will be borne by the Contractor.

C. Water:

1. Contractor to pay for all water use related to the Work. The Contractor shall provide temporary connections, piping and valving. The Contractor shall not make connection to any water system without first obtaining permission from the City.

2. Contractor will provide temporary facilities and piping required to bring water to the point of use, and remove them when no longer needed. The City will install a metering device.

The Contractor will pay for water used based on meter readings.

3. Contractor will provide and bear costs of necessary water required for testing equipment, tanks or vaults, and piping prior to Substantial Completion.

D. Minimum Safety Equipment:

1. Contractor to provide and maintain onsite adequate safety equipment for activities involved, including but not limited to, air monitors, confined space entry equipment when required, adequate first aid supplies, etc. Contractor to submit list for City review.

E. Sanitary and Personnel Facilities:

1. Provide and maintain facilities for Contractor's employees, Subcontractors, and all other onsite employees. Service, clean, and maintain facilities and enclosures.

2. Use of the City’s existing sanitary facilities by construction personnel will not be allowed.

3. Locate sanitary facilities where they will not create a public nuisance or interfere with the work and at the direction of the Engineer or Engineer, relocate sanitary facilities.

4. Make Contractor’s facilities available to the City Construction Inspector.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

F. Communication:

1. The Contractor shall make arrangements to obtain and pay for its own communication equipment such as telephone, cellular phone, and facsimile equipment.

2. Contractor to pay all costs of installation and monthly bills.

3. No incoming telephone calls allowed to City telephone system.

G. Fire Protection: Furnish and maintain on the site adequate firefighting equipment capable of extinguishing incipient fires. Comply with applicable parts of the National Fire Prevention Standard for Safeguarding Building Construction Operations (NFPA No. 241).

3.2 PROTECTION OF WORK AND PROPERTY
A. General:

1. Perform Work within rights-of-way and easements in a systematic manner that minimizes inconvenience to property owners and the public.

2. No residence or business shall be cut off from vehicular traffic unless special arrangements have been made.

3. Maintain in continuous service all existing oil and gas pipelines, underground power, telephone or communication cable, water mains, irrigation lines, sewers, poles and overhead power, and all other utilities encountered along the line of Work, unless other arrangements satisfactory to owners of said utilities have been made.

4. Where completion of Work requires temporary or permanent removal and/or relocation of an existing utility, coordinate all activities with owner of said utility and perform all work to their satisfaction.

5. Protect, shore, brace, support, and maintain underground pipes, conduits, drains, and other underground utility construction uncovered or otherwise affected by construction operations.

6. Keep fire hydrants and water or sewer control valves free from obstruction and available for use at all times.

7. In areas where Contractor's operations are adjacent to or near a utility such as gas, telephone, television, electric power, water, sewer, or irrigation system and such operations may cause damage or inconvenience, suspend operations until arrangements necessary for protection thereof have been made by Contractor.

8. Notify property owners and utility companies which may be affected by the construction operation at least 7 calendar days in advance. Before exposing a utility, obtain utility owner's permission. Should service of utility be interrupted due to Contractor's operation, notify proper authority immediately. Cooperate with said authority in restoring service as promptly as possible and bear all costs incurred.

9. Do not impair operation of existing sewer or storm drain systems. Prevent construction material, pavement, concrete, earth, volatile and corrosive wastes, and other debris from entering sewers, pump stations, storm drains, or other sewer structures. Maintain original site drainage wherever possible.

B. Site Security: Provide and maintain additional temporary security fences as necessary to protect the Work and Contractor's equipment and stored material. Contractor shall be solely responsible for any vandalism, theft, or damage to the work and Contractor’s equipment and stored material.

C. Barricades and Lights:

1. Provide barricades, as necessary, to prevent unauthorized entry to construction areas inside and outside of fenced area, and as required to ensure public safety and the safety of Contractor's employees, other employer's employees, and any others who may be affected by the Work.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

2. Provide to protect existing facilities and adjacent properties from potential damage.

3. Locate to enable access by facility operators and property owners.

4. Protect streets, roads, highways, and other public thoroughfares that are closed to traffic by effective barricades with acceptable warning signs that comply with the requirements of the manual on Uniform Traffic Control Devices, current edition.

D. Signs and Equipment:

1. Conform to requirements of the Contract Documents.

2. Barricades: Provide in sufficient quantity to safeguard public and Work.

3. Traffic Cones: Provide to delineate traffic lanes to guide and separate traffic movements.

4. Provide barricades and lighting at obstructions, such as material piles and equipment.

5. Illuminate barricades and obstructions with warning lights from sunset to sunrise.

6. Alert the general public of construction hazards, which would include surface irregularities, unramped walkways, grade changes, and trenches or excavations in roadways and in other public access areas.

E. Trees and Plantings:

1. Protect from damage and preserve trees, shrubs, and other plants outside the limits of the Work and within the limits of the Work unless designated on the Drawings to be removed. a. Where practical, tunnel beneath trees when on or near the line of trench. b. Employ hand excavation as necessary to prevent tree injury. c. Do not stockpile materials or permit traffic within drip lines of trees. d. Provide and maintain temporary barricades around trees. e. Water vegetation as necessary to maintain health.
f. Cover temporarily exposed roots with wet burlap, and keep the burlap moist until soil is replaced around the roots.
g. No trees, except those specifically shown on Drawings to be removed, shall be removed without written approval of the Engineer.
h. Dispose of removed trees in a legal manner off the site.

2. The balling and burlapping of trees indicated for replacement shall conform to the recommended specifications set forth in the American Standards for Nursery Stock. All balls shall be firm and intact and made-balls will not be accepted. Handle ball and burlap trees by the ball and not by the top.

3. In the event of damage to bark, trunks, limbs, or roots of plants that are not designated for removal, treat damage by corrective pruning, bark tracing, application of a heavy coating of tree paint, and other accepted horticultural and tree surgery practices.

4. Replace each plant that dies as a result of construction activities.

F. Existing Structures: Where Contractor contemplates removal of small structures such as mailboxes, signposts, and culverts that interfere with Contractor's operations, obtain approval of the Engineer. Replace those removed in a condition equal to or better than original.

G. Waterways: Keep ditches, culverts, and natural drainages continuously free of construction materials and debris.

H. Dewatering: Construct, maintain, and operate cofferdams, channels, flume drains, sumps, pumps, or other temporary diversion and protection works. Furnish materials required, install, maintain, and operate necessary pumping and other equipment for the environmentally safe removal and disposal of water from the various parts of the Work. Maintain the foundations and parts of the Work free from water.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

3.3 TEMPORARY CONTROLS
A. Air Pollution Control: Comply with requirements of the Federal Clean Air Act and any and all governing local requirements.

B. Noise Control: Provide acoustical barriers so noise emanating from tools or equipment will not exceed legal noise levels.

C. Water Pollution Control: Comply with the NPDES General Permit and all requirements of the State of California, the County of Sonoma, and the Contract Documents.

D. Erosion, Sediment, Runoff, and Flood Control

1. Provide, maintain, and operate temporary facilities to control erosion and sediment releases, prevent runoff of contaminated or sediment laden water, and to protect Work and existing facilities from flooding during construction period.

2. Comply with the NPDES General Permit for Storm Water Discharges associated with Construction Activity.

3.4 STORAGE YARDS AND BUILDINGS
A. Temporary Storage Yards: Due to site constraints only minimal onsite storage of materials will be permitted. Contractor shall utilize only the allotted area for his/her activities and area designated on drawings as “contractor laydown area.”
B. Temporary Storage Buildings:

1. No storage buildings will be allowed.

2. No storage of combustible materials shall be permitted onsite other than what is being used or consumed that day.

3.5 ACCESS ROADS AND DETOURS
A. No road detours are anticipated for the Work.

B. Maintain drainage ways. Install and maintain culverts to allow water to flow beneath access roads. Provide corrosion-resistant culvert pipe of adequate strength to resist construction loads.

C. Provide gravel, crushed rock, or other stabilization material to permit access by all motor vehicles at all times.

D. Maintain road grade and crown to eliminate potholes, rutting, and other irregularities that restrict access.

E. Coordinate with Engineer lane closures and other operations affecting traffic and access.

Provide at least 72 hours’ notice to the Engineer of operations that will alter access to the site.

F. Upon completion of construction, leave roads and fences in same or better as pre-construction, and suitable for future use by the City.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

3.6 PARKING AREAS
A. Due to site constraints, Contractor shall provide parking facilities for personnel working on the Project in Contractor's parking area or other approved area. No employee or equipment parking will be permitted on the City’s existing paved areas without prior approval. Any additional parking spaces required shall be the responsibility of the Contractor.

3.7 VEHICULAR TRAFFIC
A. Comply with Part III, Section 30 of the Contract Special Provisions.

B. Comply with Laws and Regulations regarding closing or restricting the use of public streets or highways. No public or private road shall be closed, except by written permission of the Engineer. Assure the least possible obstruction to traffic and normal commercial pursuits.

C. Prior to any anticipated road closure or detour, a traffic control plan and pedestrian traffic control plan prepared by a California licensed Civil or Traffic Engineer shall be submitted to the Engineer.

D. No work shall commence until traffic control signing has been approved by the Engineer.

E. The Contractor shall provide all materials, equipment, and labor necessary to furnish, place, and maintain all temporary traffic control systems and pedestrian control systems, including construction and maintenance area traffic control devices and flaggers as required to perform the Work.

F. Conduct Work to interfere as little as possible with public travel, whether vehicular or pedestrian.

1. Whenever it is necessary to cross, close, or obstruct roads, driveways, and walks, whether public or private, provide and maintain suitable and safe bridges, detours, or other temporary expedients for accommodation of public and private travel.

2. Road Closures: Maintain satisfactory means of exit for persons residing or having occasion to transact business along the route of the Work. If it is necessary to close off roadway or alley providing sole vehicular access to property for periods greater than 2 hours, provide written notice to the Engineer so affected 3 days prior to such closure. In such cases, closings of up to 4 hours may be allowed. Closures of up to 10 hours may be allowed if a week's written notice is given and undue hardship does not result. Notification signs to the public including ”No Parking” signs shall be posted at least 48 hours prior to Work in affected area.

3. In making street crossings, do not block more than one-half the street at a time. Whenever possible, widen the shoulder on the opposite side to facilitate traffic flow. Provide temporary surfacing on shoulders as necessary.

G. Whenever the Contractor’s operations create a condition hazardous to the public, furnish, erect, and maintain such fences, barricades, lights, signs and other devices as are necessary to prevent accidents or damage or injury to the public.

H. Maintain top of backfilled trenches before they are paved, to allow normal vehicular traffic to pass over. Provide temporary access for driveways where required. Cleanup operations shall follow immediately behind backfilling.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

I. When flaggers and guards are required by regulation or when deemed necessary for safety, furnish them with approved orange wearing apparel and other regulation traffic control devices complying with the provisions of the California MUTCD and State of California Department of Transportation Standard Specifications and Standard Plans.

J. Coordination: Coordinate traffic routing with that of others working in the same or adjacent areas.

K. Under no circumstances shall access to businesses or residences be held up more than 30 minutes at any one time. The Contractor may coordinate with property and business owners to schedule work so that longer delays do not adversely affect residents or business owners to their satisfaction. In addition, Contractor shall give personal notice to all affected property owners as specified in paragraph M, hereinbefore. Before closing any street to through traffic, Contractor shall obtain prior approval from the Engineer seven (7) days in advance of closure. Contractor shall at all times provide access to public facilities such as schools, etc. and make provisions for passage of emergency vehicles.

L. Should the Contractor appear to be neglectful or negligent in furnishing warning and productive measures as above specified, the Engineer may direct attention to the existence of hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor at his expense, without cost to the City. Should the Engineer point out any inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety nor abrogate his obligation to furnish and pay for these devices M. The Contractor shall keep the City of Sebastopol Fire Department informed regarding the closure or restriction of any traveled way. At a minimum, the Contractor shall call the Fire Department at (707) 823-8061, daily to report any traveled way closure. This requirement applies 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 local streets.

3.8 CLEANING DURING CONSTRUCTION
A. General:

1. Rubbish shall not be allowed to accumulate on the site and the Contractor shall collect and remove, from time to time, such rubbish and debris incident to the execution of the contract as, in the opinion of the Engineer, may be undesirable or disfiguring on the premises. The Contractor may not burn any material on the site. Wet down exterior surfaces prior to sweeping to prevent blowing of dust and debris.

2. Provide approved containers for collection and disposal of waste materials, debris, and rubbish. At least at weekly intervals, dispose of such waste materials, debris, and rubbish offsite.

3. At least weekly, brush sweep the entry drive and roadways, and all other streets and walkways affected by Work and where adjacent to Work. There will be times when sweeping will be required daily. Remove all mud and debris tracked onto roadway as soon as possible.

4. Do not allow material to fall out of trucks onto any roadway when hauling away cleared and grubbed vegetation, particularly the branches and thorns of Kiave trees to be removed.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

3.9 REMOVAL OF TEMPORARY FACILITIES AND UTILITIES
A. At such time or times any temporary construction facilities and utilities are no longer required for the Work, Contractor shall notify the Engineer of his intent and schedule for removal of the temporary facilities and utilities, and obtain the Engineer’s approval before removing the same. As approved, Contractor shall remove the temporary facilities and utilities from the site as his property and leave the site in such condition as specified, as directed by the Engineer, and/or as shown on the Plans.

B. After completion of the project, all temporary utility services shall be disconnected or removed and all affected improvements shall be restored to their original condition by the Contractor at no cost to the City.

C. The condition of the site shall be left in a condition that will restore original drainage, evenly graded, seeded or planted as necessary, and left with an appearance equal to, or better than original.

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 60 00

PRODUCT REQUIREMENTS
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Products.

B. Product delivery requirements.

C. Product storage and handling requirements.

D. Product options.

E. Product substitution procedures.

1.2 PRODUCTS
A. Furnish products of qualified manufacturers suitable for intended use. Furnish products of each type by single manufacturer unless specified otherwise.

B. Do not use materials and equipment removed from existing premises, except as specifically permitted by Contract Documents.

C. Furnish interchangeable components from same manufacturer for components being replaced.

1.3 PRODUCT DELIVERY REQUIREMENTS
A. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage.

B. Transport and handle products in accordance with manufacturer's instructions.

C. Deliver products or equipment in manufacture’s original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage.

D. Promptly inspect shipments to ensure products comply with requirements, quantities are correct, and products are undamaged.

E. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage.

F. Clearly and fully mark and identify as to manufacturer, item and installation location.

1.4 PRODUCT STORAGE AND HANDLING REQUIREMENTS
A. Store and protect products in accordance with manufacturers' instructions. Provide manufacturer’s instructions for storage and handling.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

B. Store with seals and labels intact and legible.

C. Store sensitive products in weather tight, climate controlled, enclosures in an environment favorable to product.

D. Store pumps, motors, electrical equipment, and other equipment having antifriction or sleeve bearings in weather tight warehouses.

E. For exterior storage of fabricated products, place on sloped supports above ground.

F. Provide bonded off-site storage and protection when site does not permit on-site storage or protection.

G. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products.

H. Store loose granular materials on solid flat surfaces in well-drained area. Prevent mixing with foreign matter.

I. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage.

J. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition.

1.5 STORAGE FACILITIES
A. Temporary Storage Building:

1. Provide a weather proof temporary storage building or other secure facility specifically for the purpose of providing for protection of products and equipment.

2. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers.

3. Provide method of storage of products and equipment off the ground.

1.6 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description.

B. Products Specified by Naming One or More Manufacturers: Products of one of manufacturers named and meeting specifications, no options or substitutions allowed.

C. Products Specified by Naming One or More Manufacturers with Provision for Substitutions:

Submit request for substitution for any manufacturer not named in accordance with the following article.

1.7 PRODUCT SUBSTITUTION PROCEDURES
A. Engineer will consider requests for Substitutions only within 30 days after date of OwnerContractor Agreement.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

B. Substitutions may be considered when a product becomes unavailable through no fault of Contractor.

C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents.

D. A request constitutes a representation that Contractor:

1. Has investigated proposed product and determined that it meets or exceeds quality level of specified product.

2. Will provide same warranty for Substitution as for specified product.

3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner.

4. Waives claims for additional costs or time extension which may subsequently become apparent.

5. Will reimburse Owner for review or redesign services associated with re-approval by authorities having jurisdiction.

E. Substitutions will not be considered when they are indicated or implied on Shop Drawing or Product Data submittals, without separate written request, or when acceptance will require revision to Contract Documents.

F. Substitution Submittal Procedure:

1. Submit three copies of request for Substitution for consideration. Limit each request to one proposed Substitution.

2. Submit Shop Drawings, Product Data, and certified test results attesting to proposed product equivalence. Burden of proof is on proposer.

3. Engineer will notify Contractor in writing of decision to accept or reject request.

PART 2 PRODUCTS - (NOT USED)
PART 3 EXECUTION - (NOT USED)

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

SECTION 01 70 00

PROJECT CLOSEOUT
PART 1 GENERAL

1.1 FINAL CLEANUP
A. The Contractor shall promptly remove all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. The Contractor may not burn any material on the site. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final cleanup of the project site.

1.2 CLOSEOUT TIMETABLE
A. The Contractor shall establish dates for equipment testing, acceptance periods, (as required under the Contract). Such dates shall be established not less than two weeks prior to beginning any of the foregoing items, to allow the City, the Engineer, and their authorized representatives and consultants sufficient time to schedule attendance at such activities.

B. All temporary buildings, including field offices, storage buildings, and sheds shall be removed from the project site 7 days after completion of the Work. All temporary services such as water, power, utilities, service contracts, pager contracts, telephones, and other temporary services shall remain in service for 7 days following approval of substantial completion of the Work by the City, and shall be discontinued within 7 days after.

1.3 FINAL INSPECTION
A. The Contractor shall notify the Engineer at least ten (10) working days prior to the anticipated date of completion of all work specified in the contract. Upon completion of the work, the Engineer shall proceed with final inspection and shall complete such inspection as promptly as practicable. The time required for such inspection and the making of any corrections as a result thereof shall be included in the contract performance time.

1.4 FINAL SUBMITTALS
A. The Contractor, prior to requesting its final progress payment, shall submit the following items to the Engineer:

1. Written guarantees or warranties.

2. Certificates of compliance.

3. Completed final Record Drawings.

4. Certificates of inspection and acceptance by local governing agencies having jurisdiction.

1.5 COMPLETION OF THE WORK
A. The date of substantial completion of the Project shall be the date when the construction is sufficiently completed, in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy or utilize the project for the use for which it was intended, and the City has accepted the Project.

Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022

1.6 REMAINING PUNCH LIST ITEMS
A. Upon attaining substantial completion and upon acceptance of the Work by the City, by agreement between the parties some small remaining punch list items may remain to be completed by the Contractor.

B. Failure of the Contractor to complete or correct all such outstanding punch list work to the satisfaction of the Engineer shall constitute a waiver by the Contractor of all rights to any and all claims it may have to all monies withheld by the City under the Contract to cover the value of such uncompleted or uncorrected items.

1.7 MAINTENANCE, CORRECTION AND REPAIR PERIOD
A. The Contractor shall comply with the correction and repair requirements contained in the General Conditions.

B. Replacement of earth fill or backfill, where it has settled below the required finish elevations, shall be considered as a part of such required repair work, and any repair or resurfacing constructed by the Contractor which becomes necessary by reason of such settlement shall likewise be considered as a part of such required repair work unless the Contractor shall have obtained a statement in writing from the affected private owner or public agency releasing the City from further responsibility and liability in connection with such repair or resurfacing.

C. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the City. If the Contractor fails to make such repairs or replacements promptly, the City reserves the right to do the work or to have the work done by others and the Contractor and its Surety shall be liable to the City for the cost thereof.

1.8 ACCEPTANCE AND FINAL PAYMENT
A. Final acceptance is the allowance of final estimates by the Contracting Officer. The Engineer shall certify to the Contracting Officer that the contract is complete and include with the certification the amount of the final payment due the Contractor. All progress or partial payments made prior to the final payment are subject to correction in the final estimate and payment.

1.9 RELEASE OF CLAIMS
A. After completion of work, and prior to final payment, the Contractor shall furnish to the Contracting Officer a release of claims Form DI-137, properly executed by the Contractor, releasing claims against the United States arising out of the contract, other than claims specifically excepted from the operation of the release.

PART 2 PRODUCTS - (NOT USED)
PART 3 EXECUTION - (NOT USED)

END OF SECTION
Agenda Item Number 4
Agenda Item Number 4
City Council Meeting Packet for March 1, 2022