Agenda packet — City Council and Concurrent Authorities, May 23, 2023 (part 2 of 8)

1.6 DEFINITIONS
As used in this Section, the following terms shall have the following definitions:
(A) "Qualified individual" means an individual who is in a certified state or federally approved apprenticeship program in an applicable trade or has become a journeyperson in his or her applicable trade.
(B) "Contract for public works or improvement" means any contract with the City for construction, alteration, demolition or repair work.
(C) "Resident of Stockton" means an individual who has been domiciled, as defined by Section 200(b) of the California Elections Code, within the boundaries of Stockton for at least one year immediately preceding the date of the award of contract by the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as a rent/lease agreement, telephone and utility bills or payment receipts, a valid California driver's license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within Stockton. For the purposes of this Section, the following Zip Code areas are considered to be within Stockton:
95202, 95203, 95204, 95205, 95206, 95207, 95209, 95210, 95212, 95215 and 95219. (D) "Viable apprenticeship program" means an apprenticeship program approved by the California Department of Apprenticeship Standards that has graduated apprentices annually for at least the past five years. Any apprenticeship program that has been approved for less than ten years shall be deemed a viable apprenticeship program EXHIBIT 2 364
Supplementary Conditions
00800-4
provided that, following the fifth anniversary of its approval by the California Department of Apprenticeship Standards, it graduates apprentices each subsequent year.

1.7 CONTRACTS - SUBCONTRACTS
Contracts and bid documents shall incorporate this Section by reference and shall provide that the failure of any contractor or subcontractor to comply with any of the requirements of this Section shall be deemed a material breach of the contract or subcontract.

All subcontracts shall expressly acknowledge the City's status as a third party beneficiary to that subcontract and further expressly acknowledge that the City, as a third party beneficiary, shall have the right to enforce the provisions of this Section with regard to that subcontract or seek remedies available under this Section should a party to the subcontract fail to comply with any of the provisions of this Section that apply to the subcontract. However, nothing set forth herein shall create a contractual relationship, or privity, between the City and any subcontractor.

Bidders or contractors and subcontractors shall maintain records necessary for monitoring their compliance with this Section.

1.8 EXCEPTIONS
The provisions of this Section shall not apply:
(A) Where the City determines that the contract is necessary to respond to a declared emergency which endangers the publish health, welfare, or safety and there is no time to apply the provisions of this Section.

To City construction contracts or portions thereof, wherein the work is of a highly specialized nature as determined by the City Council when the contract specifications are approved (Ord. 011-09 § 1, eff. 10- 01-09)
EXHIBIT 2 365
Supplementary Conditions
00800-5

LOCAL EMPLOYMENT ORDINANCE

COMPLIANCE DOCUMENTATION
Final Report
For

PROJECT NAME
PROJECT NO.

CITY OF STOCKTON

MUNICIPAL UTILITIES DEPARTMENT
Notice to Proceed:

Date
EXHIBIT 2 366
Supplementary Conditions
00800-6
General Information
The Prime Contractor and every subcontractor shall complete this page and the accompanying forms no later than 30 days after Substantial Completion of the Project.

Project Name:

Project Number:

Contract Date:

Contractor:

Address:

City: STATE: ZIP:

Phone:

Contractor’s License Number:

Type of Contractor’s License (s):

EXHIBIT 2 367
Supplementary Conditions
00800-7

SUMMARY SHEET FOR LOCAL RESIDENT PARTICIPATION
List the actual number of hours performed in Table 1
TABLE 1

ITEM DESCRIPTION HOURS TO DATE
A Total number of hours performed at the jobsite
B Qualifying number of labor hours performed at the jobsite Qualifying hours are defined as hours performed by Local Residents.

Percent local participation: B/A x 100 =
EXHIBIT 2 368
Supplementary Conditions
00800-8

SUMMARY SHEET FOR APPRENTICESHIP REQUIREMENT
TABLE 2
Trade/
Classification
Number of
Journeymen
Number of
Apprentices
EXHIBIT 2 369
Supplementary Conditions
00800-9

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE
TABLE 3
Employee
Name *
Zip Code
of
Residence
Local Resident
Yes/No
Meets one
year
Residency
Requirement
Yes/No
Hours
Employed
Base
Hourly
Pay
Total
Hourly
Pay
If apprentice, please indicate with an asterisk (*)
Please provide supporting documentation for proof of residence and one year residency requirement.

EXHIBIT 2 370
Supplementary Conditions
00800-10

GOOD FAITH EFFORT DOCUMENTATION

CITY OF STOCKTON

MUNICIPAL UTILITIES DEPARTMENT
Please check all boxes that apply:

Placed a valid job order for existing and projected position vacancies with the local office of the State Employment Development Department, for no less than 10 consecutive calendar days.

Placed a valid job order for existing and projected position vacancies with Worknet of San Joaquin County, for no less than 10 consecutive calendar days.

Advertised existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens’ centers.

Conducted a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City facility (may be combined with other contractors).

Provided ongoing assistance to Stockton residents in completing job application forms.

Conducted a job application workshop to assist the community in applying and interviewing for jobs in the contracting industry, to be held at a City facility (may be combined with other contractors).

Established a job application center located in the City of Stockton, where job applications may be obtained, delivered to and collected.

Conducted job interviews within 10 miles of the location designated for contract performance.

Advertised valid existing and projected position vacancies through the local media, such as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.

Telephone solicitation of known potential local subcontractors or employees.

Any other means of obtaining employees who are residents of Stockton that are reasonably calculated to comply with the goals of this ordinance.

Please provide supporting documentation for all boxes checked.

EXHIBIT 2 371
Supplementary Conditions
00800-11
I declare under the penalty of perjury that the foregoing information is true and correct.

By my signature below, I acknowledge that I have met the requirements of the City of Stockton’s Local Employment Ordinance.

I understand this information is subject to audit verification, and I acknowledge and am hereby advised that upon, and as a result of, a finding of non-compliance with the Local Employment Ordinance Provisions, the City may determine that I and/or my firm is not a responsible bidder on future projects.

Owner/Authorized Representative (Signature) Name of Firm Name and Title (Print) Date
EXHIBIT 2 372
Supplementary Conditions
00800-12

2.0 COMMUNITY WORKFORCE AND TRAINING AGREEMENT (For contracts valued at $1,000,000 and above)
EXHIBIT 2 373
Supplementary Conditions
00800-13
EXHIBIT 2 374
Supplementary Conditions
00800-14
EXHIBIT 2 375
Supplementary Conditions
00800-15
EXHIBIT 2 376
Supplementary Conditions
00800-16
EXHIBIT 2 377
Supplementary Conditions
00800-17
EXHIBIT 2 378
Supplementary Conditions
00800-18
EXHIBIT 2 379
Supplementary Conditions
00800-19
EXHIBIT 2 380
Supplementary Conditions
00800-20
EXHIBIT 2 381
Supplementary Conditions
00800-21
EXHIBIT 2 382
Supplementary Conditions
00800-22
EXHIBIT 2 383
Supplementary Conditions
00800-23
EXHIBIT 2 384
Supplementary Conditions
00800-24
EXHIBIT 2 385
Supplementary Conditions
00800-25
EXHIBIT 2 386
Supplementary Conditions
00800-26
EXHIBIT 2 387
Supplementary Conditions
00800-27
EXHIBIT 2 388
Supplementary Conditions
00800-28
EXHIBIT 2 389
Supplementary Conditions
00800-29
EXHIBIT 2 390
Supplementary Conditions
00800-30
EXHIBIT 2 391
Supplementary Conditions
00800-31
EXHIBIT 2 392
Supplementary Conditions
00800-32
EXHIBIT 2 393
Supplementary Conditions
00800-33
EXHIBIT 2 394
Supplementary Conditions
00800-34
EXHIBIT 2 395
Supplementary Conditions
00800-35

COMMUNITY WORKFORCE AND TRAINING AGREEMENT

COMPLIANCE DOCUMENTATION
Monthly Workforce Utilization Report
MM/DD/YYYY through MM/DD/YYYY
For

PROJECT NAME
PROJECT NO.

CITY OF STOCKTON
___________________ DEPARTMENT
EXHIBIT 2 396
Supplementary Conditions
00800-36
General Information
The Prime Contractor and every subcontractor shall complete this page and the accompanying forms to be submitted monthly.

Project Name:

Project Number:

Contract Date:

Contractor:

Address:

City: STATE: ZIP:

Phone:

Contractor’s License Number:

Type of Contractor’s License (s):

EXHIBIT 2 397
Supplementary Conditions
00800-37

SUMMARY SHEET FOR LOCAL WORKFORCE UTILIZATION
TABLE 1

ITEM DESCRIPTION HOURS
A Total hours performed at the jobsite ( +)
B Labor hours performed at the jobsite by Stockton Residents () C Labor hours performed by Local Area (San Joaquin) Residents () D Labor hours performed at the jobsite by Apprentices ( +) E Labor hours performed at the jobsite by Stockton Apprentices () F Labor hours performed by Local Area (San Joaquin) Apprentices () Local Hire Requirements:

B
Primary Goal = x 100%
A
= _________% must be equal to or greater than 50%
If the primary goal of 50% is not achieved, provide as an attachment, documentation showing any requests made to the Union dispatchers for Stockton residents and the Union’s response to the request.

C
Secondary Goal = x 100%
A
= _________% must be equal to or greater than 50%
State of California, Department of Industrial Relations, Division of Apprenticeship Standards Requirements:

D
x 100%
A
= _________% must be equal to 20%
Priority Apprenticeship and Workforce Development Requirements:

E
Primary Goal = x 100%
D
= _________% must be equal to or greater than 50%
If the primary goal of 50% is not achieved, provide as an attachment, documentation showing any requests made to the Union dispatchers for Stockton residents and the Union’s response to the request.

F
Secondary Goal = x 100%
D
= _________% must be equal to or greater than 50%

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE
EXHIBIT 2 398
Supplementary Conditions
00800-38
TABLE 2
Employee
Name *
Union
Zip Code
of
Residence
Employee Residency
Stockton Resident
S.J. County
(Local Area)
Resident
Neither
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked
TOTAL   
If apprentice, please indicate with an asterisk (*)
Stockton Resident means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095 (I) (3).

Local Area Resident means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County.

You may be required to provide supporting documentation for proof of residency.

Priority zip codes are: 95202, 95203, 95204, 95205, and 95206.

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE
EXHIBIT 2 399
Supplementary Conditions
00800-39

BY APPRENTICES
TABLE 3
Trade/Classification
Number of
Journeymen
Hours
Number of
Apprentices
Hours
Apprentice Residency
Stockton
Resident
S.J. County
(Local Area)
Resident
Neither
Check,
if Yes
Number
of Hours
Worked
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked
TOTAL   
Stockton Resident means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095(I)(3).

Local Area Resident means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County.

EXHIBIT 2 400
Supplementary Conditions
00800-40
I declare under the penalty of perjury that the foregoing information is true and correct.

By my signature below, I acknowledge that I have met the requirements of the City of Stockton’s Community Workforce and Training Agreement.

I understand this information is subject to audit verification, and I acknowledge and am hereby advised that upon, and as a result of, a finding of non-compliance with the Community Workforce and Training Agreement, the City may determine that I and/or my firm is not a responsible bidder on future projects.

Owner/Authorized Representative (Signature) Name of Firm Name and Title (Print) Date
EXHIBIT 2 401
Supplementary Conditions
00800-41

3.0 Labor, Working Hours:

3.1. No Work shall be done between [6:00 p.m. and 7:00 a.m.] without permission of the City. However, emergency work may be done without prior permission.

3.2. Night Work may be undertaken as a regular procedure with the permission of the City; such permission, however, may be revoked at any time by the City if Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the Work at night.

4.0 Services, Materials, and Equipment:

A. Interfaces to Equipment, Instruments, and Other Components:

1. The drawings, specifications, and overall design are based on preliminary information furnished by various equipment manufacturers which identify a minimum scope of supply from the manufacturers. This information pertains to, but is not limited to, instruments, control devices, electrical equipment, packaged mechanical systems, and control equipment provided with mechanical systems.

2. Provide all material and labor needed to install the actual equipment furnished, and include all costs to add any additional conduit, wiring, terminals, or other electrical hardware to the work, which may be necessary to make a complete, functional installation based on the actual equipment furnished. Make all changes necessary to meet the manufacturer’s wiring requirements.

3. Submit all such changes and additions to the Construction Manager for acceptance in accordance with the General Conditions.

4. Review the complete set of drawings and specifications in order to ensure that all items related to the electrical power and control systems are completely accounted for. Include any such items that appear on drawings or in specifications from another discipline in the scope of Work.

B. Until Substantial Completion of the Work is acknowledged by the City, Contractor shall have the responsible charge and care of the Work and of materials to be used herein, including materials for which Contractor has received partial payment or materials which have been furnished by the City, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

C. Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before the Work's completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, Contractor shall, at Contractor's own expense, provide suitable drainage and erect such temporary structures or rent such structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time from any cause whatever shall not relieve Contractor of Contractor's responsibility for the Work and materials as specified herein.

D. When the quality of a material, process, or article is not specifically set forth in the Contract Documents, the best available quality of the material, process, or article shall be provided.

E. Delivery and Inspection:

EXHIBIT 2 402
Supplementary Conditions
00800-42

1. Deliver products in undamaged condition, in manufacturer’s original container or packaging with identifying labels intact and legible. Include date of manufacture on label. ***END OF SECTION***
EXHIBIT 2 403
Modifications to General Conditions
00810-1
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS
NONE
***END OF SECTION***
EXHIBIT 2 404
Modifications to General Conditions
00810-2
EXHIBIT 2 405
Liability and Insurance Requirements
00820-1
SECTION 00820 - LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION
Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

2.0 INSURANCE REQUIREMENTS
Exhibit B:

Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 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 $2,000,000 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. Surety Bonds as described below.

5. 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 $1,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the 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 Stockton.

EXHIBIT 2 406
Liability and Insurance Requirements
00820-2
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.

City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

1. The City of Stockton, 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 ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

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 Stockton 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 Stockton, 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 Stockton’s site.

EXHIBIT 2 407
Liability and Insurance Requirements
00820-3
Claims Made Policies (Professional & Pollution Liability only) If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, 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.

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

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

Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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 Stockton.

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. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. 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 Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

EXHIBIT 2 408
Liability and Insurance Requirements
00820-4
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton 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.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

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.

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

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
***END OF SECTION***
EXHIBIT 2 409
Summary of Work
01010-1
SECTION 01010 - SUMMARY OF WORK

1.0 WORK COVERED BY CONTRACT DOCUMENTS
The work shall be performed in accordance with the intent of the Contract Documents as stated in the Contract Documents, excluding only the Work indicated or specified to be provided by the City or others under separate contract or other arrangement.

2.0 CONTRACT ADMINISTRATION
The following are designated:

2.1 Name of Construction Manager
Kelly Sao
Associate Engineer
2500 Navy Drive
Stockton, CA 95206

2.2 Name of Design Consultant
N/A

2.3 Name of City's Representative
Kelly Sao
Associate Engineer
2500 Navy Drive
Stockton, CA 95206

3.0 TIME ALLOWED FOR COMPLETION
In accordance with the provisions of Paragraph 00700-6.2, Time of Completion, substantial completion of this project shall be completed within ninety (90) consecutive calendar days from the effective date of the Notice to Proceed and final completion shall be achieved within thirty (30) consecutive calendar days following substantial completion.

EXHIBIT 2 410
Summary of Work
01010-2

4.0 DAMAGES FOR DELAYS
In accordance with the provisions of Paragraph 00700-6.5, Liquidated Damages, for the period of time that any portion of the work remains unfinished after the time fixed for substantial completion, and for the period of time that any portion of the work remains unfinished after the time fixed for final completion, in the Contract documents, as modified by extensions of time granted by the City, it is understood and agreed by the Contractor and the City that the Contractor shall pay the City One Thousand Dollars ($1,000) per day liquidated damages. Should work remain unfinished after the time fixed for both substantial completion and final completion, the liquidated damages shall remain One Thousand Dollars ($1,000) per day.

5.0 WEATHER DAYS
In accordance with the provisions of Paragraph 00700-6.4.2.c., Weather Delays, an allowance of zero (0) calendar days of weather caused delay is provided.

6.0 WORK SEQUENCE AND CONSTRAINTS
Refer to Section 01040, Coordination.

7.0 OCCUPANCY REQUIREMENTS
Refer to Section 01040, Coordination.

8.0 CITY FURNISHED MATERIALS

8.1 Plans and Specifications - At the Contractor’s request, the City will deliver original documents to, and pickup up from, a duplication service in the Stockton metropolitan area. The Contractor shall be responsible for the cost of the additional copies, and for picking up such copies. At no time will the City make the original documents available to the Contractor.

9.0 TRENCH EXCAVATION
The maximum amount of trench remaining open without backfill shall be zero (0) feet. No trench in public areas shall be left open during periods when the Contractor is not at the site of work, trenches in these areas shall either be backfilled and temporarily paved, where applicable, or covered with steel trench plates as specified in the technical specifications. No more that two consecutive trench plates will be allowed at anytime when the Contractor is not at the site of work.

10.0 WORK UNDER OTHER CONTRACTS
The City’s Utility Facilities are critical facilities that operate twenty-four hours each and every day.

During the life of this contract, other contracts may be let to construct, operate, maintain, or repair facilities in and/or around the project sites. The Contractor shall refer to the provisions pertaining to cooperation and coordination elsewhere in these Contract Documents, and shall coordinate with the City to minimize interferences to or caused by other contracts.

EXHIBIT 2 411
Summary of Work
01010-3
Other work anticipated to occur during the life of this project includes, but is not limited to, the following: N/A

11.0 CONTRACTOR'S WORK PERCENTAGE
The minimum portion of the work to be performed by the Contractor's forces shall be fitty-one percent (51%) for this contract.

12.0 UNDERGROUND FACILITIES
The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities.

The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist, prior to installation work, until they have been sufficiently located to avoid damage to the facilities.

Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities which the Contractor is connecting to.

No additional compensation shall be provided to the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care.

13.0 LEGAL AND CITY HOLIDAYS
New Years Day Martin Luther King's Birthday
Lincoln's Birthday President's Day
Cesar Chavez Observance Memorial Day
Fourth of July Labor Day
Columbus Day Veteran's Day
Thanksgiving and the Day after Christmas
The City will have limited staff and support capabilities available during these holidays. Requests for inspection or other City services on holidays will be paid for by the Contractor at the established holiday pay scale rate for the services required. The City shall determine the appropriate level of response and support needed in terms of any request.
***END OF SECTION***
EXHIBIT 2 412
Summary of Work
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EXHIBIT 2 413
General Provisions
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SECTION 01015 – GENERAL PROVISIONS

1.0 GENERAL

1.1 Description
This Section covers general provisions and requirements for the Work and is supplementary to the Standard Specifications and the Conditions of the Contract.

1.2 Guarantee
The Contractor shall guarantee that the equipment, materials and workmanship furnished under this Contract will be as specified and will be free from defects for a one-year guarantee period, starting from the date of Final Completion of the Work, unless a longer period of time is prescribed by law or required by special provisions elsewhere in the Contract Documents and except as otherwise noted herein. If a specific item (or items) of equipment or material cannot be utilized by the Owner at Final Completion because the Work is incomplete or defective, the guarantee for that item (or items) shall begin when the Owner is provided beneficial use. Beneficial use for any such items shall be provided prior to Final Completion. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the Owner, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects, failure or abnormalities which, in the judgment of the Owner, become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools and supplies required for correction of defects, failure or abnormalities shall be paid by the Contractor. In the event warranty work involves repair or replacement of parts, machine work, or any other work which affects the equipment or materials installed under this Contract, the Contractor’s guarantee on such items and work shall be extended for a period of one year from the date of installation of said items, or the performance of said work.

If, within ten (10) days, unless specified otherwise by the Owner, after the Owner gives the Contractor notice of a defect, failure, or abnormality of the Work, the Contractor neglects to make the necessary repair or adjustments, the Owner may make the repair or adjustments or order the Work to be done by a third party, with the cost of the Work to be paid by the Contractor. In the event of an emergency where, in the judgment of the Owner, delay would cause serious loss or damage, repairs or adjustments may be made by the Owner, without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor.

1.3 Contractor’s License
The Contractor for this Project shall possess at the time of bid, and maintain throughout the duration of the Contract, a valid California Class A General Engineering Contractor’s License.

1.4 Patents
Royalties and fees from patents covering materials, articles, apparatus, devices, or equipment (as distinguished from processes) used in the Work, shall be included in the Contract amount. The Contractor shall satisfy all demands that may be made at any time for such royalties or fees and he shall be liable for any damage or claims for patent infringements. The Contractor shall, at his own cost and expense, defend all suits or proceedings that may be instituted against the Owner for infringement or alleged infringement of any patents involved in the Work and, in case of an award of damages, the Contractor shall pay such award. Final payment to the Contractor by the Owner will not be made while any suit or claim remains unsettled. The Contractor, however, will not be held liable for the defense of any suit or other proceeding, nor the payment of any damages or EXHIBIT 2 414
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other costs for the infringement of any patented process required by the Contract Documents; except if the Contractor has information that the process so required is an infringement of a patent, the Contractor shall be liable for any damages or claims in connection therewith unless he promptly notifies the Owner of such infringement.

2.0 PRODUCTS (Not applicable in this Section)

3.0 EXECUTION

3.1 Public Complaints.

The Contractor shall respond to public complaints when requested by the Owner.

3.2 Guarantees and Warranties
Except as herein specified, all guarantees and warranties shall conform with applicable requirements of Sections 7-1.23 and 7-1.24 of the Standard Specifications, entitled “Guarantee (General)” and “Guarantee (Specific),” respectively.

3.3 Precedence of Contract Documents
A. Section 00700, Paragraph 1.2 applies.

B. Detail Drawings take precedence over small-scale drawings and full-size Drawings shall be followed in preference to both. Full-size Drawings take precedence over reduced-size Drawings.

3.4 Care and Protection of Property
If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the Work on the part of the Contractor, such property shall be restored by the Contractor, at his expense, to a condition, as determined by the City, which is similar or equal to that existing before the damage was done, or he shall make good the damage in another manner acceptable to the Owner. The Contractor is responsible for the following at his own expense:

A. To conduct his operation in a manner which will cause the least amount of damage, inconvenience and interference with the normal use of any public or private property. Such operations shall be confined to the least possible space and shall be accomplished in a neat and workmanlike manner, taking care not to unnecessarily disturb or damage adjoining property, disturbing only those trees, shrubbery, floral pieces or other landscaping planting, fences, buildings, structures or other facilities of any kind or description in the manner and as directed by the Owner. Remove all transplantable trees, shrubs and bushes that may be damaged or destroyed by construction and reset them after construction. Re-vegetation of disturbed property shall be accomplished in such manner as required to return the property to its prior condition or better.

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 or the work of any other contractor.

C. To provide suitable storage facilities for all materials which are liable to injury by exposure to weather, theft, breakage, or otherwise. If the Owner determines that suitable storage for certain EXHIBIT 2 415
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materials is not being provided, he may direct the Contractor to remove it from the job site, or to store it properly at the job site.

D. To place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work.

E. To clean up not less than at the end of each work day, 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. More frequent clean-up shall be performed as required to maintain access to all other Owner facilities still in operation.

F. To remove and dispose of off-site in accordance with all Federal, State and local regulations, all surplus material, false-work, temporary structures, including foundations thereof, plants of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition before final payment.

G. To affect all cutting, fitting or patching of his Work required to make the same to conform to the Drawings and Specifications and, except with the consent of the Owner, not to cut or otherwise alter the work of any other contractor.

H. To close work access during time when active construction work is not ongoing.

3.5 Field Check of Existing Improvements
It shall be the responsibility of the Contractor to check all dimensions, elevations, and location of existing structures, utilities, pipelines, grades or other existing items affected by or affecting the Work under this Contract, prior to the start of construction and ordering of materials and equipment affected thereby. The Contractor shall be solely responsible for determining the extent and cost of all removal and salvage operations. The Contractor shall notify the Owner if existing conditions are not as shown on drawings.

3.6 Protection of Existing Improvements
A. In the performance of the Work contemplated under this Contract, the Contractor shall take all precautions necessary, including but not limited to those described herein, to ensure that all existing improvements not specifically indicated for removal are not damaged or interfered with in any way. Should the Contractor disturb or damage such improvements without authorization, all expense for replacement or repair of the existing improvements so disturbed or damaged shall be borne by the Contractor. The Owner has diligently attempted to correctly locate and show the existing utilities, pipelines and substructures in the vicinity of the Work, but the Owner does not guarantee that there are not improvements other than those shown, nor that the locations shown are entirely correct. Failure of the Owner to show all the existing utilities, pipelines and substructures and their locations shall not be a basis for claim for extra work.

The Contractor shall be held responsible for all damage to existing utilities, pipelines and substructures whether shown or not.

B. Notify Underground Service Alert (U.S.A.), telephone 800-642-2444, at least forty-eight (48) hours prior to performing any excavation for this Work. In coordination with the appropriate authorities probe, pot-hole, or otherwise ascertain the exact location of all existing underground improvements in advance of excavation such that no damage to these improvements will occur.

In the event interferences in construction are encountered with the various existing improvements, the Owner reserves the right to appropriately change the alignment and grade of the facilities. Additional materials required to accommodate such change shall be paid in accordance with unit prices as prescribed in Section 9 of the Standard Specifications.

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3.7 Cooperation With Others
A. The Contractor is hereby advised that work on other contracts within or adjacent to his contract limits may already be in progress. Contracts for construction may also be subsequently awarded to others and because of relocation and construction of various utilities he may not have exclusive occupancy of the territory within or adjacent to the limits of the Contract.

B. In case of interferences between the operations of different construction contractors, the Owner will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire project. In all such cases, the decision of the Owner shall be accepted as final. The temporary delay of the Contractor’s work due to such circumstances shall not be considered as justification for any claims for additional compensation.

C. The Contractor shall coordinate his activities with the Owner as they relate to utility shutdowns.

The Plant must operate 24 hours per day and only the Owner’s staff will be permitted to operate valves or other utilities.

3.8 Unfavorable or Hazardous Construction Conditions
During unfavorable weather, wet ground, or other unsuitable construction conditions, the Contractor shall confine his operation to work which will not be affected adversely thereby. No portion of the Work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the Work in a proper and satisfactory manner as determined by the Owner.

3.9 Testing and Substantial and Final Completion
See Section 01660.
*** END OF SECTION ***
EXHIBIT 2 417
Measurement and Payment
01025-1
SECTION 01025 - MEASUREMENT AND PAYMENT

1.0 GENERAL

1.1. Measurement of Quantities
Measurements of the completed work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures and the units of measurement for payment, and the limits thereof, shall be made as shown on the Plans, Specifications, General Requirements, and Supplementary Conditions.

1.2 Units of Measurement
Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon.

1.3 Certified Weights
When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales, or when approved by the Construction Manager, on a completely automated weighing and recording system. The Contractor shall furnish the Construction Manager with duplicate licensed weigh master’s certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.

1.4 Methods of Measurement
Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the method stipulated in the particular sections involved. In determining quantities, all measurements shall be made in a horizontal plane unless otherwise specified.

Material not used from a transporting vehicle shall be determined by the Construction Manager and deducted from the certified tag.

When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Construction Manager in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Construction Manager and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted.

Full compensation for all expense involved in conforming to the above requirements for measuring and weighing materials shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional allowances will be made therefore.

Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside the lines indicated on the plans or given by the Construction Manager; or material remaining on hand after completion of the Contract, will not be EXHIBIT 2 418
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paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material.

2.0 DESCRIPTION OF BID ITEMS

2.1. General
Bid Items 1 through 6 are presented to indicate major categories of the work for purposes of comparative bid analyses, payment breakdown for monthly progress payments. Bid items are not intended to be exclusive descriptions of work categories and the Contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item (work phase) as shown and specified.

2.2 Duration of Prices
Quoted prices accepted by the City shall be held good and in effect until the Work is completed and accepted by the City, unless modified by Change Order.

2.3 Bid Items 1-6
Compensation for all equipment, tools, materials, labor, service, travel, and incidentals, and for doing the work and all other items required to complete the Work in conformity with the Contract Documents will be included in the payment provided in this Section unless specifically excluded.

No other compensation will be made except for the items listed in the Bid Proposal. Work for which no separate payment has been provided will be considered as a subsidiary obligation of the Contractor, and the cost therefore included in the applicable contract price for the item to which the work applies. All measurements of work done will be made by the Construction Manager. No adjustment in prices will be made where any quantities provided in the Item Description vary from actual quantities, unless the work described and shown in the Contract Documents has been modified by the City.

2.3.1 Bid Item 1 - Mobilization/Demobilization, Bonds, Permits and Insurance on all work - Bid Item 1 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; for the marshaling of equipment; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents for this Project; demobilize all manpower, equipment, unused material, facilities and incidentals from the jobsite upon completion of construction activities; clean up and restoration to the preconstruction condition.

Payment for Bid Item 1 will be in the amount shown in the Bid Schedule and will be made on a lump sum basis at one hundred percent (100%) of the indicated amount contingent upon the Contractor furnishing, and the Construction Manager’s acceptance of, the Construction Schedule, the Contractor’s Cost Breakdown, and proof of acquisition of all required bonds, insurance, and permits. Payment for Bid Item 1 shall be subject to retention in accordance with applicable contract requirements.

2.3.2 Bid Item 2 - Pre-construction CCTV and Cleaning - Bid Item includes all labor, equipment, materials, and incidentals needed to furnish and perform CCTV video inspection and line cleaning as shown on the Drawings and as described in the Specifications.

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Payment for Bid Item 2 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.

2.3.3 Bid Item 3 - Post-construction CCTV – Bid Item 3 includes all labor, equipment, materials, and incidentals needed to furnish and perform CCTV video inspection as shown on the Drawings and as described in the Specifications.

Payment for Bid Item 3 will be made at the lump sum fixed price given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown and subject to retention in accordance with applicable contract requirements.

2.3.4 Bid Item 4 - Two (2) 24" CIPP Liners and End Seals - Bid Item includes all labor, equipment, materials, and incidentals needed to furnish, install, and cure a liner, Cured-In-Place-Pipe (CIPP) as well as an End Seal at the transition between the lined and unlined pipe; and all work required to reinstall the siphon breakers as shown on the Drawings and as described in the Specifications.

Payment for Bid Item 4 will be at the unit price given in the Bid Schedule given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown, and subject to retention in accordance with applicable contract requirements.

2.3.5 Bid Item 5 - One (1) 14" CIPP Liner and End Seal - Bid Item 5 includes all labor, equipment, materials, and incidentals needed to furnish, install, and cure a liner, Cured-In-Place-Pipe (CIPP) as well as an End Seal at the transition between the lined and unlined pipe; and all work required to reinstall the siphon breaker as shown on the Drawings and as described in the Specifications.

Payment for Bid Item 5 will be at the unit price given in the Bid Schedule given in the Bid Schedule, in accordance with the accepted Contractor’s Cost Breakdown, and subject to retention in accordance with applicable contract requirements.

2.3.6 Bid Item 6 - Contingency - Bid Item 6 includes all labor, equipment, materials, and incidentals needed for all other work not identified and necessary for project completion as shown on the Drawings and as described in the Specifications.

Payment for Bid Item 6 will be made at the lump sum fixed price or on a force account basis from the lump sum price given in the Bid Schedule, and is subject to retention in accordance with applicable contract requirements.

2.3.9 Total Bid - The total amount bid includes the summation of Bid Items 1 through 6 and represents the total price bid to provide the work as shown on the drawings and as specified.

2.4 PAYMENT FOR MOBILIZATION
A. Limit amounts included under mobilization to the following items:

1. Moving on the site any equipment required for first month operations.

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

3. Establishing fire protection plan and safety program.

4. Developing construction water supply.

5. Providing field office trailers for the Contractor and the Construction Manager, complete with all specified furnishings and utility services including telephones.

6. Providing on-site sanitary facilities and potable water facilities as specified.

EXHIBIT 2 420
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7. Arranging for and erection of Contractor's work and storage yard, employee parking facilities, and entrance road.

8. Submit all required insurance certificates and bonds.

9. Obtaining all required permits, licenses, and fees.

10. Developing construction schedule.

11. Submit preliminary schedule of values of the Work.

12. Provide and erect the project sign.

13. Post all OSHA, (state agency), Department of Labor, and all other required notices.

14. Limits of construction and clearing have been located and flagged.

15. Have Contractor’s project manager and/or general superintendent on job site fulltime.

16. The Construction Manager is satisfied that responsive and responsible progress on the Contract Work is under way.

B. Furnish data and documentation to substantiate the amounts claimed under mobilization.

C. Limit price for mobilization to no more than five percent (5%) of Contract Price.

D. No payment for mobilization, or any part thereof, will be recommended until all mobilization items listed above have been completed.

2.5 PAYMENT FOR START-UP AND DEMOBILIZATION
A. Total Price for start-up and demobilization shall not be less than 3 percent (3%) of Contract Price.

3.0 CONTRACTOR'S COST BREAKDOWN
Lump Sum Price Breakdown - For work to be performed for a lump sum price, the Contractor shall submit a price breakdown to the Construction Manager prior to the first payment and within ten (10) days after Notice to Proceed. The price breakdown, as agreed upon by the Contractor and the Construction Manager, shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of work with a price fairly apportioned to each item.

If not identified as a bid item, mobilization, overhead, bond, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the Construction Manager, mobilization, bond and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses.

The price breakdown shall be generally in the same format as the Contract specifications divisions and subdivisions, with major items of work listed individually. The price breakdown shall be by structure, civil, landscaping, or other logical division of work. The price breakdown for architectural, structural, mechanical, and electrical work shall include separate items for identifiable portions of the structures. The price breakdown shall include separate allowances for any testing and startup work required. Measurable approximate quantities of work performed by the Contractor or its subcontractors shall be provided. For quantities that are the sum total of several individual quantities, backup summaries shall be provided which list the individual descriptions and quantities.

These summaries then will be used to determine the quantities of work in place in subsequent progress payment requests.

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The above is a statement of the intent of the Contract Documents to provide a moderate level of detail, acceptable to the Construction Manager, to allow a fair and reasonable estimate to be made of the value of work installed. The detail of the price breakdown must be sufficient to provide timely processing of the monthly progress payment request.

The price breakdown will be subject to the approval of the Construction Manager, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of work. The price breakdown shall be sufficiently detailed to permit its use by the Construction Manager as one of the bases for evaluating requests for payments.

The Construction Manager shall be the sole judge of the adequacy of the price breakdown. *** END OF SECTION ***
EXHIBIT 2 422
Modification Procedures
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SECTION 01035 - MODIFICATION PROCEDURES

1.0 CHANGES IN CONTRACT PRICE
Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Construction Manager and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted.

The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Construction Manager:
a. By unit prices accepted by the City and stated in the Contract Documents; b. By unit prices subsequently fixed by agreement between the parties; c. By an acceptable lump sum proposal from the Contractor; or d. By Force Account (as described in Paragraph 01035-3.0, Force Account Payment, when directed in writing and administered by the City through its agents or representatives.

When required by the Construction Manager, the Contractor shall submit, in the form prescribed by the Construction Manager, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered.

The Construction Manager will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Construction Manager will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed.

The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.

2.0 NEGOTIATED CHANGE ORDERS
Under the methods described in Paragraph 01035-1.0b and 1.0c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the Construction Manager. The direct costs shall include only the payroll cost for workers and foremen, including wages and fringe benefits as established by negotiated labor agreements or state prevailing wages. To the actual payroll cost will be added a labor surcharge which shall be the actual costs of taxes and insurance. Such labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws EXHIBIT 2 423
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and for all other payments made to, or on behalf of, the workmen, other than actual payroll cost and subsistence and travel allowances. No other fixed labor burdens will be considered, unless approved in writing by the Construction Manager.

Other direct costs include the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the Construction Manager as described in Paragraph 01035-3.0, Force Account Payment; and the cost of incidentals directly related to such work. The direct costs shall not include any payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work, labor or office costs pertaining to the Contractor's managers or superintendents, its office and office facilities, or anyone not directly employed on such work, nor the cost of small tools as all such indirect costs form a part of the Contractor's overhead expense.

Under the method described in Paragraph 01035-1.0b and 1.0c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be:
a. For work by its own organization, the Contractor may add the following percentages:

1. Direct Labor 24 percent

2. Materials 15 percent

3. Equipment (owned or rented) 15 percent
b. For all such work performed by a subcontractor, approved in accordance with the provisions in Section 00100-17.0 Subcontractors, said subcontractor may add the same percentages listed in (a.) above to its net costs, for combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor’s net cost, before above markup. Said additional five (5) percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.

For all such work performed by a sub tier-subcontractor, approved in accordance with the provisions in Section 00100-17.0 Subcontractors, said sub tier-subcontractor may add the same percentages listed in (a.) above to its net costs, for combined overhead and profit.

The subcontractor may add up to five (5) percent of the sub tier-subcontractor's net cost, before markup, for its combined overhead and profit. The Contractor may add up to five (5) percent of the net cost of the sub tier-subcontractor who performed the work, before markup. Said additional five (5) percent markup shall reimburse the subcontractor and the Contractor, respectively, for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a sub tiersubcontractor. c. To the total of the actual costs and fees allowed herein under, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation.

When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the EXHIBIT 2 424
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markups allowed under the use of the method described in Paragraph 01035-3.0, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted.

3.0 FORCE ACCOUNT PAYMENT
If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages and fringe benefits as established by negotiated labor agreements or state prevailing wages. To the actual payroll cost will be added a labor surcharge which shall be the actual costs of taxes and insurance. Such labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual payroll cost and subsistence and travel allowances. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00).
d. Additional bond.
e. Additional insurance, other than labor insurance.

To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work:

1. A fixed fee not to exceed twenty-four (24) percent of the cost of Item a above, and fifteen (15) percent of the costs of Items b and c above.

2. To the total of the actual costs and fees allowed in Items a, b, and c above, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above.

For all such work performed by forces other than the Contractor's organization, the Contractor shall reach agreement with such other forces as to the distribution of the payment made by the City for such work. No additional payment therefore will be made by the City by reason of the performance of the work by a subcontractor or other forces.

The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping.

The City reserves the right to furnish such materials and equipment as it deems expedient and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment.

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01035-4
For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the monthly rate in the Cal Trans "Labor Surcharge and Equipment Rental Rates" publication. The rental cost allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs and no further allowances will be made for those items, unless specific agreement to that effect is made. For Contractor owned equipment, costs shall be based on either actual cost accounting records or the Cal Trans "Labor Surcharge and Equipment Rental Rates" publication. Hourly rates shall be determined by dividing the monthly rate by 176 hours.

Prior to the commencement of force account work, the Contractor shall notify the Construction Manager of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets approved by the Construction Manager. The reports, if found to be correct, shall be signed by both the Contractor and Construction Manager, or inspector, and a copy of which shall be furnished to the Construction Manager no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. If the Construction Manager, or inspector, do not agree with the labor, equipment and/or materials listed on the Contractor's daily force account report, the Contractor and Construction Manager, or inspector, shall sign-off on the items on which they are in agreement. The Construction Manager shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice as provided in Paragraph 00700-7.4.2.1, Notice. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations.

To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Construction Manager, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed.

The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Construction Manager and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices.

When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Section. The Contractor shall not claim for anticipated profits on work that may be omitted.

4.0 UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED QUANTITIES The unit prices as stated in the bid form and as negotiated in Change Orders shall apply to one hundred (100) percent of the quantity indicated to be estimated quantity for the bid item, plus or minus twenty-five (25) percent. Adjustments in unit prices will be made in accordance with Section EXHIBIT 2 426
Modification Procedures
01035-5
9-1.06, Increased or Decreased Quantities, and 9-1.15, Changes in Character of Work, of the State of California Specifications, with the following modifications:
a. Delete all references to "Section 9-1.04" and insert "Paragraph 01035-3.0, Force Account Payment.”
b. Delete the last paragraph (fourth paragraph) of Section 9-1.15, Changes in Character of Work.

5.0 TIME EXTENSIONS FOR CHANGE ORDERS
If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements of Paragraph 01310-6.0, Time Impact Analyses.

6.0 CONTRACTOR CHANGE REQUESTS
Change requests may be initiated by the Contractor’s Representative. Such requests must be presented in a format mutually agreeable to the Construction Manager, and shall include the following information:
a. Reason for Request - An introductory statement which clearly identifies the need for the change; change requests which do not directly benefit the City or the project, or which are intended solely as contractual relief shall be rejected. b. Nature of the Request - A complete description of the requested change, its impact on the functional performance of the System, and its effect on the delivery schedule of the System. c. Cost or credit of the Requested Change - The total impact on cost or credit to the City for the change to the System.

7.0 VALUE ENGINEERING COST PROPOSALS
Refer to section 00700-7.4, Value Engineering Change Proposals (VECP). ***END OF SECTION***
EXHIBIT 2 427
Modification Procedures
01035-6
EXHIBIT 2 428
Coordination
01040-1
SECTION 01040 - COORDINATION

1.0 GENERAL
This Section covers coordination requirements supplementary to those of the Contract and other Sections of these Specifications. These requirements may be modified as mutually agreed upon by the Contractor and Construction Manager.

The Contractor will obtain construction schedules from subcontractors and suppliers, and assume responsibility for correctness.

The Contractor will incorporate schedules from subcontractors and suppliers into Progress Schedule to plan for and comply with sequencing constraints.

2.0 COOPERATION WITH OTHERS
The Contractor is hereby advised that work on other contracts within or adjacent to its contract limits may already be in progress. Contracts for construction may also be subsequently awarded to others and because of relocation and construction of various utilities he may not have exclusive occupancy of the territory within or adjacent to the limits of the Contract.

In case of interferences between the operations of different construction contractors, the Construction Manager will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire project. In all such cases, the decision of the Construction Manager shall be accepted as final. The temporary delay of the Contractor's work due to such circumstances shall not be considered as justification for claims for additional compensation.

The Contractor shall coordinate his activities with the City as they relate to utility shutdowns. The City facilities must operate 24 hours per day, except as otherwise noted elsewhere in these specifications, and only the Owner's staff will be permitted to operate valves or other utilities.

3.0 ORGANIZATION AND COORDINATION

3.1 Monthly Reports
The Contractor shall prepare and submit a progress report to the Construction Manager by the tenth calendar day of each month. This progress report shall include a description of all efforts completed during the previous month, tasks scheduled for the next month, outstanding problems, and personnel changes. The report shall also include updated schedule milestones with narratives.

3.2 Daily Reports
The Contractor shall complete a Contractor's daily report, a copy of which shall be submitted to the Construction Manager on a daily basis by the end of the succeeding work day. The information contained in the daily report shall include, but not necessarily be limited to, the following:

EXHIBIT 2 429
Coordination
01040-2
· Project name and number
· Contractor's name
· Date
· Report #__ (also "page ___ of ___")
· Weather conditions
· Staff employed on the project and duties performed
(Distinguish between field and office staff)
· Trades on job site, respective number of trades persons used, and work description · Subcontractors on job site, number of respective subcontractor's staff present and work description
· Equipment on job site, type and number and whether or not used. · Summary of work performed
· Materials delivered to site
· Delays to project
· Visitors to project
· Other comments
· Contractor's signature
· Safety/accident activities
The Contractor's standard daily report form may be used provided it furnishes, as a minimum, all the information cited above.

3.3 Correspondence
All correspondence from the Contractor to the Construction Manager shall be dated and numbered in sequence. The Construction Manager will likewise number its correspondence and transmittals to the Contractor.

4.0 SYSTEM OUTAGE REQUESTS
Modifications to existing facilities, the construction of new facilities, and the connection of new to existing facilities may require the temporary outage or bypass of treatment processes, equipment, utilities, or other facilities. In addition to the Construction Schedule required under Section 01310, the Contractor shall submit a System Outage Request (SOR) and a detailed outage plan and time schedule for all construction activities which will make it necessary to remove a tank, pipeline, channel, electrical circuit, control circuit, equipment, structure, road or other facilities from service.

The SOR and outage plan shall be submitted to the Construction Manager for review and acceptance a minimum of two weeks in advance of the time that such outage is needed. The outage plan shall be coordinated with the construction schedule specified in Section 01310 and shall meet the restrictions and conditions specified in this section. The detailed plan shall describe the Contractor's method for preventing bypassing of other facilities; the length of time required to complete said operation; any necessary temporary power, controls, instrumentation or alarms required to maintain control, monitoring and alarms for the City’s facilities; and the manpower, plant and equipment which the Contractor shall provide in order to ensure proper operation of associated treatment units.

In addition, the outage plan shall describe the Contractor's contingency plan that shall be initiated in the event that his temporary facilities fail or it becomes apparent that the time constraints described in the approved outage plan cannot be met. The contingency plan shall conform to all specified outage requirements. All costs for preparing and implementing both the outage and contingency plans shall be borne by the Contractor with no additional compensation therefore.

EXHIBIT 2 430
Coordination
01040-3
The Contractor shall provide, Monday through Friday at least two days prior to the actual shutdown, written confirmation of the shutdown date and time, or written notification that the schedule for performing the work has changed or revisions to the outage plan are required.

5.0 SEQUENCING OF THE WORK
Operations of the City’s facilities are critical to the public health and safety of the citizens of Stockton. Sufficient facilities to serve the needs and demands of the City shall remain in service at all times. The City shall be the sole judge as its needs and the facilities that must remain in service to provide adequate service.

The Contractor shall coordinate and cooperate with the City to establish his schedule for work at all of the project facilities. The approved project schedule shall be subject to change as it pertains to site work and shutdowns, when required by the City to accommodate unforeseen or emergency situations in the operation of its facilities.

6.0 ACCESS TO PROJECT FACILITIES
The City will provide keys and alarm codes to the Contractor to provide access to each facility site included in this contract work. Keys and alarm codes will be provided only to the Contractor’s Representative and jobsite foremen; the actual number of keys provided shall be determined by the City, based upon the Contractor’s scheduling for work crews.

The Contractor shall ensure that each site is locked and secure, with alarm activated, at all times that workers are not at the site.
*** END OF SECTION ***
EXHIBIT 2 431
Coordination
01040-4
EXHIBIT 2 432
Coordination
01050-1
SECTION 01050 - FIELD ENGINEERING

1.0 CHECK OF EXISTING IMPROVEMENTS
It shall be the responsibility of the Contractor to check all dimensions, elevations, and location of existing structures, utilities, pipelines, grades or other existing items affected by or affecting the Work under this Contract, prior to the start of construction and ordering of materials and equipment affected thereby. The Contractor shall be solely responsible for determining the extent and cost of all removal and salvage operations. The Contractor shall notify the Construction Manager if existing conditions are not as shown on the Contract Documents.

2.0 DATUM
Where applicable, elevation datum for this Project is based on the Project bench mark shown on the Drawings. All connections shall be installed based on actual elevations of existing structures to which connections are made.

3.0 LINES AND GRADES
The Contractor shall lay out all work, including structures and pipelines, and shall be responsible for any errors resulting there from. In all questions arising as to proper location of lines and grades, the Construction Manager's decision will be final.

As part of the bid price for the construction of the improvements the Contractor shall provide and be responsible for the layout of all work on this project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Drawings and as required for the proper operation and function. The Contractor shall stake the work limits.

The Contractor's layout shall be based on existing structures, survey control and bench marks established by the City.

The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Construction Manager in checking location and grades of the work as set by the Contractor, if requested by the Construction Manager. This shall include moving materials and equipment located between monuments and the construction work.
*** END OF SECTION ***
EXHIBIT 2 433
Coordination
01050-2
EXHIBIT 2 434
Regulatory Requirements
01060-1
SECTION 01060 - REGULATORY REQUIREMENTS

1.0 APPLICABLE CODES
This Section summarizes without limitation the laws and codes by which the Work has been designed and to which the Contractor shall conform in the prosecution of the Work. The Contractor shall make available for their use at the site such copies of laws, regulations, or codes applicable to the Work as the City may request of it.

1.1 Laws and Regulations
As specified in Sections 00700-4.11 and 00700-4.12 of the General Conditions, and in Section 7-

1.09 of the Standard Specifications.

1.2 Codes
a. California Building Code (CBC), 2010 Edition.
b. Title 8, Industrial Relations, California Administrative Code, Chapter 4, Division of Occupational Health and Safety, Safety Orders.
c. Title 19, Public Safety, California Administrative Code, State Fire Marshal. d. Codes and Standards listed in Section 16010 of these Specifications. e. Local Mechanical Code.
f. Local Plumbing Code.
g. National Fire Protection Association.
h. National Electric Code
i. State and Local Public Health Codes.
j. San Joaquin Valley Unified Air Pollution Control District Regulations.

1.3 Specifications
Standard Specifications and State of California Specifications, as defined in Section 01090.

2.0 LICENSES, FEES, AND PERMITS
The City will pay the fee for City of Stockton and County of San Joaquin issued permits specific to the Project; the Contractor will be responsible for picking up said permits at the appropriate times.

For those permits and licenses generally required to work or do business as a Contractor, the Contractor shall procure the permit or license and pay all charges and fees. In all cases, the Contractor shall pay all costs for complying with special requirements of permits and shall give notice necessary and incident to the prosecution of the Work. For any permits obtained by the City after the Contract Bid Date, an adjustment (add or deduct) in the Contract Price, as appropriate, will be made by change order, to account for all costs incurred in complying with the requirements of the respective permit. See also Section 00700-4.9 of the General Conditions.

2.1 Contractor’s License
EXHIBIT 2 435
Regulatory Requirements
01060-2
The Contractor shall possess at the time of bid and maintain throughout the duration of the contract, a valid California Class”A” Contractor License.

2.2 Business License
The Contractor shall possess prior to the execution of the contract and maintain throughout the duration of the contract, a valid City of Stockton business license.

2.3 Permits
Description
*** END OF SECTION ***
EXHIBIT 2 436
References
01090-1
SECTION 01090 - REFERENCES

1.0 DEFINITIONS
Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City Design Consultant, or Construction Manager.

Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity, and are intended to refer to persons of either sex.

Singular words include the plural and "person" includes firms, companies, and corporations.

Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms.

Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved.

Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God.

Addenda - Written or graphic instruments issued prior to the bid which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections.

Agreement - The written document covering the performance of the Work as more fully described in the Contract Documents.

Authorized City Official - The City Manager or his designee.

Beneficial Occupancy - The City operating and maintaining specific constructed facilities for the purpose for which they are intended, after City has provided written acceptance of substantial completion for such facilities.

Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price for the work to be performed.

Bidder - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Bond(s) - Bid, Performance, or Labor and Material Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents.

Calendar Day - Any day including legal holidays, Saturdays and Sundays.

EXHIBIT 2 437
References
01090-2
City - A public or quasi-public agency or authority, corporation, association, partnership, or individual for whom the work is to be performed. Under this contract, the City is identified by name in the agreement.

City's Representative - The person designated, in writing, by the City to act as its agent on specified matters relating to this Contract. The City's Representative is an employee of the City or other individual who has been designated to represent the City. The City’s Representative may also act as the Construction Manager.

Construction Manager - The person designated, in writing, by the City to act as its representative at the construction site and to perform construction inspection services and administrative functions relating to this Contract. Initial contact by the Contractor with the City shall be through the Construction Manager.

Contract Change Order - A written order to the Contractor, covering changes in the plans or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order.

Contract Documents - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable:

Notice Inviting Bids
Instructions to Bidders
Official Bidding Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgments
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications
Technical Specifications
Drawings and Plans
Addenda, if any
Executed Change Orders, if any
Notice of Award
Notice to Proceed
Standard Drawings
Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract.

Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form. Also referred to as Contract Amount or Contract Sum.

Contract Time - Number of calendar days stated in the Contract for the completion of the Work.

Contract Completion Date - The date on which the City accepts the work as being complete.

EXHIBIT 2 438
References
01090-3
Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of its or their legal representatives.

Contractor's Plant and Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work.

Day(s) - Calendar Day(s).

Direct - Action of the City or Construction Manager by which the Contractor is ordered to perform or refrain from performing work under the Contract.

Drawings - Refers to the Contract drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the Design Consultant, approved by the City, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the work to be performed. The terms drawing, plan and plans have the same meaning as the term drawings unless otherwise stated or specified.

Design Consultant - The engineer or architect designated by the City to have design control over the Work or a specified portion of the Work, acting either directly or through duly authorized representatives. Such representatives shall act within the scope of the particular duties delegated to them.

Engineer - See Resident Engineer.

Field Directive - Written documentation of the actions of the City or Construction Manager in directing the Contractor. Also referred to as a Directive.

Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis.

Final Completion - Final Completion is the date upon which written acceptance by the City has occurred stating that the Construction of all work as required by the Contract Documents has been completed in accordance with the Contract Documents.

Float - Float or "total float" shall be defined as provided in the Associated General Contractors of America "CPM in Construction, A Manual for General Contractors.” Furnish - To deliver to the job site or other specified location any item, equipment, or material.

General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered.

General Requirements - Part of the Contract Documents establishing special conditions or requirements peculiar to the work and supplementary to the General Conditions.

Geotechnical Engineer - Registered professional engineer in the State of California who conducted the site sub-surface investigation and prepared the soils report utilized for design purposes.

Herein - Refers to information presented in the Contract Documents.

EXHIBIT 2 439
References
01090-4
Holidays - Legal holidays designated by the City or specifically identified in the Contract and Paragraph 01010-13.0
Inspector - City or Construction Manager staff who inspect and review the work for conformance with the Contract Documents.

Install - Placing, erecting, or constructing any item, equipment, or material.

Laboratory - The designated materials testing laboratory authorized by the City to test materials and work involved in the Contract.

Life Cycle Cost - The sum of all costs over the useful life of a building, system, or product, including the cost of design, construction, acquisition, operation, maintenance, and salvage value. The useful life will be determined by the City.

Liquidated Damages - The amount prescribed in Paragraph 00700-6.5, Liquidated Damages, and Paragraph 01010-4.0, Damages For Delays, to be paid to the City or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the specifications.

Net Cost Savings - The reduction in construction contract cost to the City resulting from implementation of a value engineering change proposal submitted by the Contractor. Net cost savings shall be determined by deducting from the estimated gross savings, the estimated amount of increased costs to the City resulting from the proposed change. Estimated gross savings shall include all labor, material, equipment, overhead, profit, and bond. Estimated City costs shall include, but not be limited to, design, construction, acquisition, operation, and maintenance costs.

Notice of Award - A written notice by the City to the Contractor informing it that the Contract has been awarded to the Contractor.

Notice to Proceed - The written notice by the City to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Work.

Official Bidding Document - A separately bound manual which contains copies of all documents to be submitted as the bid.

Owner - City of Stockton.

Paragraph - For references or citation purposes, refers to the paragraph(s), called out by paragraph number and alphanumeric designator.

Person - Includes firms, companies, corporations, partnerships, and joint ventures.

Project - The undertaking to be performed under the provisions of the Contract.

Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding.

Provide - Furnish and install, complete in place.

Punch List - List of incomplete items of work and of items of work which are not in conformance with the Contract.

Resident Engineer - Construction Manager or his designee.

EXHIBIT 2 440
References
01090-5
Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action.

Shown - Refers to information presented on the Drawings, with or without reference to the Drawings.

Site - The property as described in the General Conditions or as shown on the Drawings.

Soils Engineer - Shall mean the Engineer, or at his discretion, may mean the Geotechnical Engineer.

Specifications - That part of the Contract Documents consisting of the General Conditions, Supplementary Conditions, General Requirements, applicable State Standard Specifications, and Technical Specifications.

Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract.

Standard Specifications - The City of Stockton Standard Specifications and Plans in effect at the time of advertising the Work.

State of California Specifications - The State of California Department of Transportation Standard Specifications in effect at the time of advertising the Work. Also referred to as State Standard Specifications and Cal Trans Standard Specifications.

Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term subcontractor, does not include any separate contractor or any separate contractor's subcontractors.

Submittals - The information which is specified for submission to the Construction Manager in accordance with the Project Manual.

Substantial Completion - Substantial Completion is the date upon which written acceptance by the City has occurred stating that the construction of facilities is sufficiently completed in accordance with the Contract Documents, such that specific facilities can be utilized for the purpose for which they are intended, and the City thereupon takes beneficial occupancy of each facility.

Sub-subcontractor - A sub-subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub-subcontractor means a sub-subcontractor or an authorized representative thereof.

Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub-subcontractor.

Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law.

Value Engineering - Modifications to the project which are proposed by the Contractor and which provide the product or services equivalent to that called for in the project specifications, but at lower cost than the cost of those products or services designated in the specifications.

EXHIBIT 2 441
References
01090-6
Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action.

Work - The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract.

Working Day - Any day, other than a holiday, Saturday or Sunday, on which the Contractor may proceed with regular work on the current controlling operation as determined by the Construction Manager toward the completion of the Contract. A working day is equivalent to

1.45 calendar days.

2.0 ABBREVIATIONS
Whenever the following terms are used, the intent and meaning shall be as follows:

Abbreviations Stands For
AASHTO American Association of State and Highway and Transportation Officials
AAMA Architectural Aluminum Manufacturers Association
ABMA American Boiler Manufacturers Association
ACI American Concrete Institute
ADC Air Diffusion Council
AGA American Gas Association
AGMA American Gear Manufacturers Association
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AMCA Air Moving and Conditioning Association
ANSI American National Standard Institute (formerly United States of America Standards Institute)
APA American Plywood Association
API American Petroleum Institute
AREA American Railway Engineers Association
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating and Air Conditioning Construction Managers
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
AWPA American Wood-Preserver's Association
EXHIBIT 2 442
References
01090-7
Abbreviations Stands For (cont.)
AWS American Welding Society
AWWA American Water Works Association
CAGI Compressed Air and Gas Institute CAL/OSHA State of California Department of Industrial Relations, Division of Industrial Safety CBC California Building Code
CBM Certified Ballast Manufacturers
CBR California Bearing Ratio
CI Chlorine Institute
CISPI Cast Iron Soil Pipe Institute
CMAA Crane Manufacturers Association of America
CPSC Consumer Products Safety Commission
CRA California Redwood Association
CRSI Concrete Reinforcing Steel Institute
CTI Cooling Tower Institute
DFPA Douglas Fir Plywood Association
EIA Electronic Industries Association
EPA U.S. Environmental Protection Agency
ETL Electronic Testing Laboratory
FM Factory Mutual Insurance Company
FPS Fluid Power Society
FS Federal Specifications
GO 95 General Order No. 95, California Public Utilities Commission Rules for Overhead Electric Line Construction
HI Hydraulic Institute
HMI Hoist Manufacturers Institute
IAPMO International Association of Plumbing and Mechanical Officials IBR Institute of Boiler and Radiator Manufacturers
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronic Engineers
IES Illuminating Engineering Society
IPCE International Power Cable Engineers Association
ISA Instrument Society of America
NAAMM National Association of Architectural Metal Manufacturers NBS National Bureau of Standards
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NPDES National Pollutant Discharge Elimination System
NSF National Sanitation Foundation
NWMA National Woodwork Manufacturers Association
OSHA Occupational Safety and Health Act
PCMAC Prestressed Concrete Manufacturers Association of California SMACNA Sheet Metal and Air Conditioning Contractors National Association
SSPC Structural Steel Painting Council TCA Tile Council of America UPC Uniform Plumbing Code
UL Underwriters Laboratories
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
*** END OF SECTION ***
EXHIBIT 2 443
References
01090-8
EXHIBIT 2 444
Project Meetings
01200-1
SECTION 01200 - PROJECT MEETINGS

1.0 PRE-CONSTRUCTION CONFERENCE
The Construction Manager will schedule a pre-construction conference and organizational meeting at the project site or other convenient location upon award and/or execution of the Contract and prior to commencement of construction activities.

1.1 Attendees
The City, Design Consultant, Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work.

1.2 Agenda
The Construction Manager will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination and construction. The agenda may include, but may not be limited to:

1. Adequacy of distribution of Contract Documents.

2. Distribution and discussion of list of major subcontractors and suppliers.

3. Proposed progress schedules and critical construction sequencing.

4. Major equipment deliveries and priorities.

5. Project coordination.

6. Designation of responsible personnel.

7. Procedures and processing of:
a. Field decisions.
b. Proposal requests.
c. Submittals.
d. Change Orders.
e. Applications for Payment.
f. Record Documents.

8. Use of premises:
a. Office, construction, and storage areas.
b. OWNER's requirements.

9. Construction facilities, controls, and construction aids.

10. Shoring requirements and submittal of CONTRACTOR’s geotechnical report.

11. Temporary utilities.

12. Safety and first aid procedures.

13. Security procedures.

14. Housekeeping procedures.

1.3 Minutes
EXHIBIT 2 445
Project Meetings
01200-2
Meeting minutes will be taken by the Construction Manager and distributed accordingly within fourteen (14) days. If the Contractor does not submit written objection to the contents of such minutes within seven (7) days after presentation to him, it shall be understood and agreed that the Contractor accepts the minutes as a true and complete record of the meeting.

2.0 PROGRESS MEETINGS
The Construction Manager will conduct progress meetings at the project site at regularly scheduled intervals which may be as frequent as weekly. Frequency of meetings are to be determined at the pre-construction conference.

2.1 Schedule
The dates, times and locations for the various meetings shall be agreed upon and recorded at the preconstruction conference. Subsequent changes to the schedule shall be by agreement between the Construction Manager and Contractor, with appropriate written notice to all parties involved.

2.2 Attendees
The City, Design Consultant, Construction Manager, Contractor, and its Superintendent shall each be represented at these meetings. Attendance by subcontractors, suppliers and other entities is subject to issues and/or items of the agenda which may, or may not, require attendance.

2.3 Agenda
Purpose of progress meetings: To expedite work of subcontractors or other organizations that are not meeting scheduled progress, resolve conflicts, and coordinate and expedite execution of the Work.

1. Review progress of the Work, Progress Schedule, narrative report, Application for Payment, record documents, and additional items of current interest that are pertinent to execution of the Work. Verify: Actual start and finish dates of completed activities since last progress meeting.

2. Durations and progress of activities not completed.

3. Reason, time, and cost data for Change Order Work that will be incorporated into Progress Schedule and application for payment.

4. Percentage completion of items on Application for Payment.

5. Reasons for required revisions to Progress Schedule and their effect on Contract Time and Contract Price.

Discuss potential problems which may impede scheduled progress and corrective measures.

2.4 Minutes
EXHIBIT 2 446
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Meeting minutes will be taken by the Construction Manager and distributed accordingly within fourteen (14) days. If the Contractor does not submit written objection to the contents of such minutes within seven (7) days after presentation to him, it shall be understood and agreed that the Contractor accepts the minutes as a true and complete record of the meeting.

3.0 CONFERENCES
At any time during progress of the Work, the City and the Construction Manager shall have the authority to require the Contractor and any subcontractor, suppliers, or service providers to attend job-site conferences. Any notice of such conference shall be duly observed and complied with by the Contractor and subcontractors, suppliers, or service providers without extra cost to the City.

4.0 POST CONSTRUCTION MEETING
The Contractor shall plan, and include in its bid, all costs for a post construction meeting, including the following:

The Contractor shall:

A. Meet with and inspect the Work 11 months after date of Substantial Completion with City and Construction Manager.

B. Arrange the meeting at least 7 days before meeting.

C. Meet in the City’s office or other mutually agreed upon place.

D. Inspect the Work and draft list of items to be completed or corrected.

E. Review service and maintenance contracts, and take appropriate corrective action when necessary.

F. Complete or correct defective work and extend correction period accordingly.

G. Require attendance of Superintendent, appropriate manufacturers and installers of major units of constructions, and affected subcontractors. *** END OF SECTION***
EXHIBIT 2 447
Project Meetings
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EXHIBIT 2 448
Submittals
01300-1
SECTION 01300 - SUBMITTALS

1.0 DESCRIPTION
This Section covers requirements for submittals and forms a part of all other Specification Sections in which submittals are specified or required. Refer to the specific Sections and Divisions of the Specifications for additional submittal requirements.

A. Submittal Requirements Included In This Section

1. Number of submittal copies required.

2. Progress schedule.

3. Schedule of values.

4. Shop drawings.

5. Samples.

6. Materials lists and equipment data.

7. Instruction (operation and maintenance) manuals.

8. Installation instructions.

9. Record Drawings and Specifications.

10. Certificates.

B. Submittal Requirements Covered In the Conditions of the Contract and Other Sections

1. Applications for payments.

2. Schedule of testing laboratory services.

3. Written guarantees and warranties.

4. Manufacturers' certified reports.

5. Web Based Construction Document Management.

2.0 SUBMITTAL-GENERAL REQUIREMENTS
Submit to the Owner for its review and approval technical data and drawings for all shop drawings, samples, materials lists, equipment data, software, assemblies and installations, test procedures, instruction manuals, record documents, manufacturers' equipment manuals, and other submittals required by the Technical Specifications. All such items required to be submitted for review shall be furnished by and at the expense of the Contractor and any work affected by them shall not proceed without such review. Properly prepare, identify, and transmit submittals and their contents as provided herein or as the Owner may otherwise direct. Except for record documents, test procedures, and instructional manuals for operation and maintenance, obtain submittal approval before the material or equipment covered by the submittal is delivered to the site. Contractor will not be paid for equipment or material delivered to the project site until the appurtenant submittals have been approved. Coordinate the progress schedule required under Section 01310 and the Special Provisions to this requirement.

A. Submittal Review Time Allow no less than thirty (30) days for the review of submittals, not including the time necessary for delivery or mailing, and this time shall cause no delay in the Work. Extension of the Contract Time shall not be granted because of the Contractor's failure to make timely and correctly prepared and presented submittals with allowance for the checking and review periods. All submittals shall be completed within ninety (90) days after Notice to Proceed by the City, unless the Construction Manager accepts an alternate schedule for submission of submittals proposed by the Contractor. This time provision does EXHIBIT 2 449
Submittals
01300-2
not obligate the Construction Manager to approve submittals that may otherwise be deemed not acceptable.

B. Deviations At the time of the submission, give notice in writing in the submittal of any deviation from the requirements of the Technical Specifications and Project Plans. Clearly indicate or describe the deviations and reasons therefore, including all other changes required to correlate the Work. State in writing all variation in costs occasioned by the deviations and any assumption of the cost of all related changes if the deviation is approved.

Requirements stated in Paragraph E below shall also apply.

C. Number of Submittals Except for manufacturer's instruction manuals and samples, the Owner shall require and retain four (4) copies of all submittals, specified or required in this and all other Sections of these Specifications, for his and his representatives' use, unless otherwise specifically noted in a specific Specification section. Submit such additional number of copies, not to exceed four (4), to be reviewed and returned for your use. For submitted drawings 11 x 17 and larger, submittal of a reproducible copy set with two (2) sets of black-line printed copies is preferred and encouraged. Additional sets for the Contractor's use are not necessary in this case as the reproducible set will be returned to the Contractor marked to show the required corrections or approval.

The number of submittals required for manufacturer's instruction manuals and samples are described later in this Section.

D. Method of Submittal Deliver submittals by means of separate, dated, signed, and sequence numbered transmittals, identifying as to initial or re-submittal status, and fully describing the submittal contents. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer’s package or are so functionally related that expediency indicates checking or review of the group or package as a whole. Except as noted, do not combine in a single submittal equipment which is specified in one section of the Specifications with equipment specified in other Sections of the Specifications. Submittals are not acceptable directly from Subcontractors, suppliers, or manufacturers. In each transmittal state the Owner's Project Number and Name, Name and Address of Contractor, Name and Address of Subcontractor, Manufacturer, Supplier or Distributor as applicable, Plan Reference and Specification Section, Articles, and paragraphs to which the submittal pertains; identify accompanying data sheets, catalogs, and brochures in the same manner. Where several types or models are contained in the literature, delete non-applicable portions or specifically indicate which portions are intended and applicable. Fully index all items submitted in the transmittal letter.

E. Submittals in electronic media format

1. General: Provide all information In PC compatible format using operating system as utilized by the Construction Manager and City.

2. Text: Provide text documents and manufacturer’s literature using current version of [MS Word] [Adobe Acrobat (i.e. PDF extension)] as utilized by the [City] [and] [Construction Manager].

3. Graphics: Provide all graphic submittals (drawings, diagrams) utilizing current version of AutoCAD, Microstation, Adobe Acrobat (i.e. PDF extension) as utilized by the Construction Manager and City.

4. Contractor using other software shall be required to provide to the Construction Manager conclusive evidence of 100 percent data transfer compatibility.

EXHIBIT 2 450
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5. Delivery: Deliver submittals to Construction Mananger via [email protected].

6. Incomplete Submittals, including those not correctly transmitted, not correctly titled and identified, or not bearing the Contractor's review and approval stamp, shall be returned to the Contractor without review.

7. Interrelated Submittals Except where the preparation of a submittal is dependent upon the approval of a prior submittal, simultaneously submit all submittals pertaining to the same class or portion of the Work.

During the preparation of submittals, informal communication and clarifications may be required between the Contractor and the City for exchange of technical information to assist and expedite preparation of complete submittals. As a result of this informal information exchange, certain minor refinements and revisions in the systems specified may be authorized informally by the City, but these shall not alter the scope of work or case increase or decrease in the Contract price. During this informal exchange, no oral statement by the City shall be construed to give formal approval of any component or method, nor shall any statement be construed to grant formal exception to, or variation from these Specifications.

F. Contractor's Review and Approval All submittals shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness and coordination.

Such responsibility shall not be delegated in whole or part to subcontractors or suppliers.

These submittals may be prepared by the Contractor, subcontractors, or suppliers, but the Contractor shall ascertain that submittals meet all of the requirements of the Contract Documents. The Contractor shall ensure that there is no conflict with other submittals and notify the Construction Manager in each case where its submittal may affect the work of another contractor or the City. The Contractor shall ensure coordination of submittals among the related crafts and subcontractors.

On every submittal of shop drawings, samples, materials lists, equipment data, instruction manuals, and other submittals upon which the proper execution of the Work is dependent, mark with the Contractor's review and approval stamp certifying that (1) the submittal has been reviewed, checked, and approved and the contents have been coordinated with the requirements of the Work and the Technical Specifications and Project Plans including related Work, (2) all quantities, field measurements, field construction criteria, materials, equipment, catalog numbers, and similar data have been determined and verified, or that it shall be done, and (3) the Work covered by the submittal is recommended by the Contractor and the Contractor's guarantee shall fully apply thereto. The Contractor's stamp shall be dated and signed by the Contractor in every case.

G. Review and Approval Submittals will be reviewed only for conformance with the design concept of the Project and with the information given in the Technical Specifications and Project Plans. The approval of a separate item as such shall not indicate approval of the assembly in which the item functions nor shall approval be construed as revising, in any way, the requirements for a fully integrated and operable system as specified. The approval of submittals shall not relieve the Contractor of responsibility for any deviation from the requirements of the Technical Specifications and Project Plans or for any revision in resubmittals unless the Contractor has given notice in writing of the deviation or revision at the time of submission or resubmission and written approval has been given to the specific deviation or revision. The approval of submittals shall not relieve the Contractor of responsibility for errors or omissions in the submittals or for the accuracy of dimensions and EXHIBIT 2 451
Submittals
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quantities, the adequacy of connections, and the proper and acceptable fitting, execution, and completion of the Work.

H. Form of Approval Review of submittals has as its primary objective the completion for the City of a project in full conformance with the Contract Plans and Specifications, unmarred by field corrections, and within the time provided. In addition to this primary objective, submittal review as a secondary objective will assist the Contractor in its procurement of equipment that will meet all requirements of the project Plans and Specifications, will fit the structures detailed on the Plans, will be completed with respect to piping, electrical, and control connections, will have the proper functional characteristics, and will become an integral part of a complete operating facility.

After review by the Design Consultant of each of the Contractor’s submissions, the material will be returned to the Contractor with actions defined as follows:

1. NO EXCEPTIONS NOTED (RESUBMITTAL NOT REQUIRED) - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission.

2. MAKE CORRECTIONS NOTED (RESUBMITTAL NOT REQUIRED) - Same as 1, except that minor corrections as noted shall be made by the Contractor.

3. AMEND AND RESUBMIT- Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Design Consultant.

4. NOT ACCEPTABLE (RESUBMIT) - Submitted material does not conform to Plans and Specifications in major respect (i.e., wrong size, model, capacity, or material).

Items 1 and 2 above (no re-submittal required) are considered “favorable review.” Items 3 and 4 above (correction and re-submittal required) are considered “unfavorable review.” It shall be the Contractor’s responsibility to copy and/or conform reviewed submittals in sufficient numbers for its files, subcontractors, and vendors.

I. Corrections and Re-submittals Make all required corrections and resubmit the required number of corrected submittals until approved by the Owner. Direct specific attention in writing to revisions other than the corrections called for by the Owner on previous submittals, and state in writing all variations in costs and your assumption of the cost of related changes the same as is required for deviations in 2.0B. Identify each re-submittal with number of the original submittal followed by consecutive letters starting with "A" for first re-submittal, "B" for second re-submittal, etc. The Owner reserves the right to deduct moneys from the amounts due the Contractor to cover the cost of its review time for any and all submittals beyond the second submission.

J. Check of Returned Submittals Check returned submittals for correction and ascertain if the corrections result in extra cost above that included under the Technical Specifications and Project Plans, and give written notice to the Owner within five days if, in your opinion, such extra cost results from corrections. By failing to so notify the Owner or by starting any Work covered by a submittal, all claims for extra costs resulting from required corrections are waived.

EXHIBIT 2 452
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K. Conformance Do not purchase, fabricate, deliver, construct, or commence any Work represented by required submittals until the applicable submittal has been approved.

Conform Work to the approved submittals and all other requirements of the Technical Specifications and Project Plans unless subsequently revised by contract change order, in which case prepare and submit revised submittals as may be required. Do not proceed with any related Work which may be affected by the Work covered under submittals until the applicable submittals have been approved, particularly where piping, machinery, equipment, concrete work and the required arrangements, embedments and clearances are involved.

L. Piecemeal Submittals Except for reinforcing steel submittals, piecemeal submittals shall be returned un-reviewed. However, for mechanical equipment and the like, separate submittals for embedded items, embedded metal work and anchors shall be reviewed.

3.0 SCHEDULE OF VALUES
Submit to the Owner for acceptance, in the form directed by or acceptable to the Owner, a complete schedule of the values of the various portions of the Work to coincide with the construction schedule, including quantities and unit prices aggregating the Contract Price (except in cases and to the extent that accepted unit prices form the basis for payment). In the schedule, subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction and to coordinate with the progress schedule required for this Work. Provide support data to substantiate its correctness as required by the Owner. Include with each item in the schedule of values, its proper share of overhead and profit. An unbalanced breakdown providing for overpayment to the Contractor on items of Work which would be performed first will not be approved. The schedule of values, when accepted by the Owner, shall be used only as a basis for the Contractor's applications for payment and not for additions to or deductions from the Contract Price. Provide the initial submittal for the schedule of values at the preconstruction conference as per Section 01200.

4.0 PROGRESS SCHEDULE
Refer Section 01310, Construction Schedule.

5.0 SHOP DRAWINGS
Each submittal shall be complete with respect to dimensions, design criteria, materials, connections, bases, foundations, anchors, and the like, and shall be accompanied by technical and performance data as necessary to fully illustrate conformance with the Technical Specifications and Project Plans. Provide the number of submittal sets as indicated in paragraph 2.0C of this Section.

A. Title Block and Identification On each shop drawing, provide a space for the Engineer's approval or correction stamp and a title block showing the following:

1. Name and address of Contractor.

2. Name and address of Subcontractor, manufacturer, supplier, or distributor, as applicable.

3. Name and address of Owner.

EXHIBIT 2 453
Submittals
01300-6

4. Date, scale of drawings, and identification number.

5. Revision date, number, and brief description.

6. Contractor's review and approval stamp.

7. Owner's Number.

8. Plan Reference and Specification Section reference.

9. Project Name.

B. Preparation and Size Details and information shall be clearly drawn, dimensioned, noted, and cross referenced. Unless otherwise approved, prepare shop drawings of the same size as the Contract Drawings or on 8-1/2 by 11 inch or 11 x 17 inch sheets as applicable.

Maximum sheet size shall be 22 inches by 34 inches. Refer to Paragraph 2.0C above regarding use of a reproducible copy set for the larger drawings.

Submittal and record drawings shall be drafted and submitted in AutoCAD with two copies of half sheet drawings and a magnetic media copy on a CD.

C. Data Unless the following data is included in the instruction manuals or equipment data submitted prior to or with the shop drawings, submit with the shop drawings complete catalog and technical data for all manufactured products, materials, machinery, and equipment covered by the shop drawing submittal. Include data showing for each item, as applicable, the following information:

1. Manufacturer's specifications and details.

2. Applicable technical data and performance curves.

3. Preparation, assembly, and installation instruction with allowable tolerances.

4. Connection requirements.

5. Pre-start-up servicing and operating methods.

6. Other data and information necessary to demonstrate that the proposed items conform to the Technical Specifications and Project Plans.

D. Information Required Shop drawings shall contain details and information fully developing the pertaining Technical Specifications and Project Plans requirements and such other information as may be specified or required for approval, including but not limited to:

1. Related work with cross references to applicable portions of the Technical Specifications and Project Plans.

2. Dimensions including variations between indicated dimensions and actual conditions.

3. Physical configurations with critical dimensions for clearance, access, and servicing.

EXHIBIT 2 454
Submittals
01300-7

4. List of materials including fasteners and connectors.

5. Structural construction and assemblies, welds shown by AWS symbols, and each fastener and connector shown by type and class.

6. Grouting work, including grouting space and material.

7. Concrete foundations and bases for machinery and equipment including joints, joint filler and sealer, and reinforcing.

8. Anchor bolt details showing type and class, sizes, embedments, projections, and locations measured with respect to permanent structural features. An anchor bolt template shall be shown on the Shop Drawings and shall be furnished unless waived in writing by the Owner.

9. Protective coatings and factory finishes fully described as to materials, number of coats, plated and metallic coating finishes, treatments, and similar information, all based on specified requirements. The term "as specified" is not acceptable for this purpose.

10. Machinery and equipment details. Standard catalog items need not be illustrated in detail, but indicate and detail sizes, supports, and connections.

11. Location of auxiliary items that are parts of machinery and equipment including sight glasses, petcocks, gauges, lubrication fittings and access, and maintenance monitoring devices.

12. Piping systems and piping including layout, fittings, valves, appurtenances, hangers and supports, and sleeves.

13. Electrical equipment showing plans, elevations, sections, arrangements, materials, anchor bolts, supports, weights, wiring and circuit diagrams, internal connections, busses, grounding, conduit spaces, layout of instruments, gages, meters, and other components. Diagrams shall carry a uniform and coordinated set of wire numbers and terminal block numbers to permit cross-referencing between the contract document drawings, the drawings prepared by the Contractor’s installer, and equipment Technical Manual Drawings. Drawing number cross-referenced shall be provided.

14. Written descriptions fully describing the operation of all control circuits, start-up sequencing, shut down sequencing and alarms.

15. Underground duct banks showing typical details of conduits, joints, spacers, and means of securing conduits in place during concrete placement.

16. Dielectric connections, and materials and methods to be used to isolate aluminum from dissimilar materials.

17. Full-size lettering layouts for data plate and nameplate inscriptions.

E. Details and Connections Satisfactorily detail all connections required to complete the Work, including details necessary to make indicated or specified additions to existing work or to provide connections for future work. Design connections and parts of strength to withstand, without adverse deflection or stress, all loads or pressures to which they may be subjected EXHIBIT 2 455
Submittals
01300-8
and to develop the strength of the members or parts connected. In no case shall the connections, parts, or details be inferior to those required by the Technical Specifications or Project Plans.

F. Related Work The term "by others" is not acceptable for the description of related work shown in the shop drawings. Clearly note by name or description the Contractor, Subcontractor, or trade to provide such related Work; where such name or description is missing, it shall be understood and agreed that the Contractor is to furnish and install such related Work.

G. Clearances Do not proceed with any related Work that may be affected by piping, machinery, equipment, or other work therein until shop drawings and data showing all components with acceptable clearances have been approved.

H. Composite Shop Drawings With Installation Layouts Prepare and submit drawings, wherever specified or required, to resolve tight or conflicting field conditions. Show dimensional plans and elevations of the materials or equipment of all trades in the involved area or space, and include complete information as to arrangements, locations, clearances, avoidance of interferences, access, sizes, supports, connections, services, assembly, disassembly, and installation. Composite shop drawings and layouts shall be coordinated in the field by the Contractor and his Subcontractors for proper relationship to the Work of all trades, based on field conditions, and shall be checked and approved by them before submittal. Contractor shall have competent technical personnel readily available for such coordinating and checking.

6.0 SAMPLES
Where samples are required in any of the following Specification Sections, unless otherwise specified, each sample submittal shall include two sets of samples. One set of approved samples and all disapproved samples shall be returned to the Contractor. Samples of value retained by the Owner shall be returned to the Contractor after completion of the Work if the Contractor's first transmittal of the sample requests its return. Approved samples of manufactured items returned to the Contractor may be installed in the Work if the location is recorded and the samples bear temporary identification as such.

A. Identification Label or tag each sample or set of samples identifying the manufacturer's name and address, brand name, catalog number, intended use and other data as required by these Specifications.

B. Colors, Patterns, and Textures For items required to be of selected and approved colors, patterns, textures, or other finish, submit sufficient samples to show the range of shades, tones, values, patterns, textures, or other features corresponding to the instructions and requirements specified.

C. Field-Applied Paint and Coatings Submit samples of finishes at least 60 days prior to start of such finishing operations in conformance with requirements specified in Section 09900, Painting and Protective Coatings.

D. Factory Finish Colors of material specified to be furnished with a factory finish are subject to approval. Submit duplicate samples of factory finishes showing the full range of available colors for selection and approval when requested by the Owner.

EXHIBIT 2 456
Submittals
01300-9

7.0 MATERIALS LISTS AND EQUIPMENT DATA
Within thirty (30) days after the Notice to Proceed, the Contractor shall submit a List of Materials to the Construction Manager for review. The List shall include all items of equipment and materials for mechanical, piping, architecture, electrical, heating and ventilating, equipment piping, and plumbing work; and the names of manufacturers with whom purchase orders have been or will be placed. Items on the List shall be arranged in the same order as in these Specifications, and shall contain sufficient data to identify precisely the items of material and equipment the Contractor proposes to furnish. The List shall include the Specifications or Drawing references. After the submission is favorably reviewed and returned to the Contractor by the Construction Manager, it shall become the basis for the submission of detailed manufacturer’s drawings, catalog cuts, curves, diagrams, schematics, data, and information on each separate item for review as set forth elsewhere in the Contract Documents. The favorable review of shop drawings shall be obtained prior to the fabrication, delivery and construction of items requiring shop drawing submittal.

In determining acceptability, consideration shall be given to the availability of maintenance and replacement parts and materials, the availability of manufacturer's technical representatives, other factors that relate to the maintenance and repair of installed items without excessive inconvenience to the Owner, guarantees and warranties, as well as determination of conformance with the Technical Specifications and Project Plans.

A. Materials Furnished Under Standard Specifications For materials specified by reference to standard or reference specifications, prepare and submit for approval a list of such materials by manufacturer's names and identifications to the extent requested by the Owner.

B. Material Lists Neatly bind submittal copies with sturdy labeled covers. Copies shall contain an index listing the contents. Loose submittals shall be returned un-reviewed. For each item listed, include the manufacturer's name and address, trade or brand name, local supplier's name and address, catalog numbers and cuts, brochures, terms and conditions of manufacturer's guarantee and warranty, other information to fully describe the item, and supplementary information as may be required for approval. Mark cuts, brochures, and data to indicate the items proposed and the intended use. Provide the number of submittal sets as specified in Paragraph 2.0C above.

C. Equipment Data Submit complete technical and catalog data for every item of mechanical and electrical equipment and machinery to be incorporated in the Work, including components. Submittal copies shall be bound, indexed, and contain information as required in paragraph 7.0B for submittal of materials lists and shall further include specific information on performance and operating curves and data, ratings, capacities, characteristics, efficiencies, and other data to fully illustrate and describe the items as may be specified or required for approval, in particular, equipment incorporating logic circuits shall have a draft of a detailed theory of operation. Data shall be submitted in sets covering complete systems or functioning units. The number of submittal sets required shall be as specified in Paragraph

2.0C above.

D. Foreign Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in Stockton, unless otherwise required in these specifications or the special provisions, where they shall be retained for a sufficient period of time to permit inspection, sampling, and testing.

Attention is directed to the provisions in Section 00700-6.5 Liquidated Damages. The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States and it shall be the Contractor’s responsibility to deliver materials obtained from outside of the United EXHIBIT 2 457
Submittals
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States to the point of entry into Continental United States in sufficient time to permit timely delivery to the job site.

The Contractor, at no cost to the City, shall supply the facilities and arrange for any testing required in Stockton which the City is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the City.

The manufacturer, producer or fabricator of foreign material shall furnish to the City a Certificate of Compliance. In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in these specifications or otherwise requested by the City.

8.0 INSTRUCTION MANUALS
Obtain data from the various manufacturers and submit instruction (operation and maintenance) manuals covering all mechanical and instrumentation equipment and machinery installed in the Work.

A. Contents Each manual shall have an index listing the contents. Information in the manuals shall include not less than:

1. General, introduction and overall equipment description, purpose, functions, and simplified theory of operation.

2. Specifications.

3. Installation instructions, procedures, sequences, and precautions, including tolerances for level, horizontal, and vertical alignment.

4. Grouting requirements including grout spaces and materials.

5. List showing lubricants for each item of mechanical equipment, approximate quantities needed per year, and recommended lubrication intervals; where possible, types of lubricants shall be consolidated with equipment manufacturers' approval to minimize the number of different lubricants required for plant maintenance.

6. Start-up and beginning operation procedures.

7. Operational procedures.

8. Shutdown procedures.

9. Short and long term inactivation procedures.

10. Maintenance, calibration, repairs and rebuilds instruction.

11. Parts lists and spare parts recommendations.

12. Lists of all special tools, instruments, accessories, and special lifting and handling devices required for periodic maintenance, repair, adjustment, and calibration.

EXHIBIT 2 458
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01300-11

13. Wiring diagrams and detailed circuit operation description.

14. Performance curves and data.

15. Other information as may be specified or required for approval.

In addition to the above information, the Contractor, with the assistance of the respective equipment manufacturer, shall complete and include as part of the instruction manual for all equipment and machinery, the City of Stockton’s “Preventative Maintenance Modification/Addition Request Form.” A copy of the subject form is included at the end of this Section for information. Both pages of the entire form must be completed by the Contractor. Clean copies of this form will be provided to the Contractor for his use. A copy of the City of Stockton’s “PM Procedure Number and Description Report” will be provided to the Contractor and is to be used in completing the aforementioned form.

B. Format and Organization

1. Use drawings and pictorials to illustrate the printed text as necessary to fully present the information.

2. Where information covers a family of similar items of equipment, identify the applicable portions by heavy weighted arrows, boxes or circles, or strike-out the inapplicable information. Non-conforming data are not acceptable and shall be returned for rework and re-submittal. The submittal cover should state the method used to identify the applicable portions.

3. Incorporate into books all Manufacturers' Equipment Manuals including those specified in pertinent Sections of the Specifications. These books shall be organized by Equipment Class in same manner and sequence as the Specifications, i.e. Mechanical, Electrical, Instrumentation, etc. Book size and quantity shall be sufficient for inclusion of all data, and be of type and quality hereinafter specified in Paragraph 8.0C below.

4. Within each book of manuals, provide a Table of Contents for that book. If more than one book is necessary for a Class of Equipment, place a complete Table of Contents for that Class of Equipment within each book of that Class.

5. In addition, an overall Index of Contents shall be prepared in the same number of sets as required below for the final manuals and submitted separately to the Owner for his insertion in the Operation and Maintenance Manuals.

6. When a manufacturer's manual exceeds one inch in thickness and is bound as specified in Paragraph 8.0C it need not be rebound within another book, but the Overall Index shall refer to it by title and indicate that it is bound separately.

7. Electronic assembly drawings: Detailed circuit schematics, circuit board drawings, and chassis layouts shall be provided for all electrical and electronic equipment as part of the submittal. The circuit schematics, circuit board drawings, and chassis layouts shall clearly show, locate, and identify all components and component wiring. Circuit boards and circuit board components shall be identified by the original manufacturer’s name and part number. Component values and tolerance shall be shown.

8. Drawings: Preprinted drawings provided by manufacturers of off-the-shelf equipment may be used if the drawings are an integral part of an offset printed O&M Manual, are EXHIBIT 2 459
Submittals
01300-12
not larger than 11-inches by 17-inches, are clearly legible when reproduced using conventional office copying machines, and, in the opinion of the Construction Manager, satisfy the requirement of these specifications. One reproducible of the O&M Manual drawing original must be supplied for each O&M Manual drawing larger than 11-inches by 17-inches, and must satisfy all drawing requirements specified herein. Those preprinted O&M Manual drawings, which are not acceptable, or which must be modified or corrected to show the actual as-built design, shall be redrawn as new speciallyprepared shop drawings. Acceptable equipment manufacturer’s drawings incorporated into equipment operating and maintenance manuals need not be duplicated or removed from the manuals.

C. Manual Binding

1. Bind all materials in sturdy three-ring loose leaf binders designed to provide full view opening and ease of making content additions or replacements. Maximum binder size shall be three (3) inches, with this binder size containing not more than 21/2 inches of material. Binders of smaller thickness shall contain correspondingly less material. All bound material shall be three-hole punched; loose material shall not be permitted.

Prints larger than 11 x 17 inches shall be inserted into a clear plastic cover envelope equipped with a three-hole tab on one edge suitable for inserting in the above described binders.

2. Permanently label face of cover and bound edge of each book "MANUFACTURERS' INSTRUCTION MANUAL," and indicate Class of Equipment, i.e., Mechanical, Electrical, Instrumentation, etc. or name specific equipment if a single unit is contained.

Where more than one book is needed for a Class of Equipment or a single specific equipment unit, number books consecutively BOOK I, BOOK II, etc.

3. If more than one Class of Equipment is contained in a book, separate each class with a tabbed stiff divider insert page.

4. Prior to purchase or delivery, submit samples of each intended type of binder and obtain approval from the Owner.

D. Manual Submittals Submittals shall include three (3) complete copies of each manual, one of which shall be returned to the Contractor marked to show the required corrections or approval. When approved, the Contractor shall deliver four (4) sets of unmarked (without review comments) manuals to the Owner. The Contractor shall submit preliminary instruction manuals at least ten (10) days prior to the start of Factory Acceptance test.

9.0 INSTALLATION INSTRUCTIONS
In addition to the instructions submitted under the above Section 8.0, submit copies of manufacturers' installation instructions for material and equipment incorporated in the Work to the extent specified in other Sections and Divisions of the Specifications or requested by the Owner for its review. Installation instructions shall be reviewed for general adequacy only. After review, the Contractor shall distribute copies to all those involved with the instructions.

EXHIBIT 2 460
Submittals
01300-13

10.0 CITY PERSONNEL TRAINING PLAN
The Contractor shall submit a training plan at least fourteen (14) days prior to the start of any required City personnel training. Training plans shall describe the training course objectives, the scope of subjects to be covered, course outline including approximate time devoted to each subject, course materials to be provided by the Contractor, training aids to be used and training methods to be used (lecture, demonstration, student practice, etc.). The submittal shall include resumes for instructors of each class demonstrating the instructor’s qualifications.

11.0 OTHER SUBMITTALS
Provide copies of other submittals such as calculations, manufacturer's certified reports, operational demonstration and system validation reports specified in other Sections and Divisions of the Specifications.

12.0 STORAGE INSTRUCTIONS
For each equipment and material item furnished, provide for the Owner's records two (2) copies of the manufacturer's recommended instructions for storage of the respective equipment or material.

The instructions shall address conditions both before installation and (for mechanical, electrical and instrumentation equipment) after installation but before placing into continuous operation. Submit manufacturer's storage instructions either prior to delivery of the material/equipment or with the request for payment of materials delivered. Payment for materials delivered shall not be approved without submittal of the manufacturer's storage instructions.

13.0 TOOLS, ACCESSORIES, SPARE PARTS, AND MAINTENANCE MATERIALS Furnish and deliver all special tools, instruments, accessories, spare parts, and maintenance materials required by the Technical Specifications and Project Plans, and furnish and deliver the special tools, instruments, accessories, and special lifting and handling devices shown in the approved instruction manuals. Unless otherwise specified or directed, deliver the items to the Owner, with the Contractor's written transmittal accompanying each shipment, in the manufacturers' original containers labeled to describe the contents and the equipment for which it is furnished. Where specifically required in the Section covering the material, furnish a metal cabinet to house this equipment.

Provide spare parts and special tool lists. The list shall show the manufacturer’s/supplier’s name, address, and telephone number, the quantity of spare parts and special tools required for each item of equipment provided under division 17, and the current list price of each.

14.0 RECORD DRAWINGS AND SPECIFICATIONS
Maintain one record copy of all Drawings, Specifications, Addenda, Modifications, approved submittals, correspondence, and transmittals at the site in good order and readily available to the Owner. Clearly and correctly mark the Record Drawings and the Record Specifications annotated EXHIBIT 2 461
Submittals
01300-14
to show all changes made during the construction process at the time the changed Work is installed.

No such changes shall be made in the Work unless previously authorized by a Modification or by specific approval of deviations or revisions in submittals.

A. Buried and Concealed Work Record the precise location of all piping, conduits, ducts, cables, and like Work that is buried, embedded in concrete or masonry, or concealed in wood or metal framed walls and structures at the time such Work is installed and prior to concealment. Each feature of the concealed Work, such as the beginning and end of straight runs, radius center point of curved runs, angles, connections, plugged tees or other fittings for future connections, and like items shall be accurately located by not less than two dimensions to permanent structures. The depth below finish grade, slab, or paving shall be noted for buried pipe, conduit, or ducts at the beginning and end of straight grade runs and at all grade change points, excepting sewer or drain lines run between manholes. Should the Contractor fail to record such buried or concealed Work, he shall uncover the unrecorded Work to the extent required by the Owner and shall satisfactorily restore and reconstruct the removed Work with no change in the Contract Price or the Contract Time.

B. Delivery Upon completion and prior to final inspection of the Work, and as a condition of final payment, submit the Record Drawings and Specifications to the Owner for review, and make such revisions or corrections as may be necessary for them to be a true, complete, and accurate record of the Work in the opinion of the Owner. When approved, the Contractor shall deliver the Record Drawings and Specifications to the Owner.

15.0 REVISION OF SUBMITTALS
Whenever a contract change order causes a change to the information contained in previously approved submittals, submit information and data corresponding to the changed requirements for approval. Submit revisions following the procedure required for previously approved submittals.

16.0 CERTIFICATES
Each certificate required under the Contract or in any of the following Sections shall be signed by the individual, office, or agent lawfully authorized to execute the certificate, and such authority shall be cited in the certificate by title, description, or other acceptable evidence. All certificates shall be sworn as to the correctness and validity of the contents. Where specifically required in the respective section, certificates shall be notarized and duplicate copies of required certificates shall be notarized to be true copies.

A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the special provisions, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the EXHIBIT 2 462
Submittals
01300-15
requirements of the plans and specifications and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as directed by the Construction Manager.

17.0 EARTHQUAKE DESIGN AND RESTRAINT
Design, construct and attach all manufactured equipment supplied under this Contract, and as noted in the respective technical Sections, to resist stresses produced by seismic forces specified in this Section. Rigidly attach equipment that does not vibrate during normal operation. For equipment that vibrates during normal operation, attach by means of isolators with mechanical stops that limit movement in all directions unless it can be demonstrated by calculations that such stops are not required. Restrain equipment or portions of equipment that move during normal operation with mechanical devices that prevent displacement unless it can be demonstrated by calculations that such restraints are not required.

A. Work Included The work included in this Paragraph includes, but is not limited to, the following: All electrical equipment, cabinets and casework plus contents, electrical panels and lighting fixtures.

B. Minimum Earthquake Forces Except as provided herein, base calculations on the minimum earthquake forces prescribed for Essential Facilities by the 2010 California Building Code as published by California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936.

C. Include calculations with submittals of shop drawings, details and data specified in respective technical Sections of these Specifications. Calculations must bear the original seal and signature of a Professional Engineer or a Structural Engineer licensed in California and who provided responsible charge for the design.

18.0 CONSTRUCTION PHOTOGRAPHS
The Contractor shall perform pre-construction and post-construction survey of all existing structures, pavements and other above ground facilities within the project limits prior to beginning any work, noting their condition by means of dated photographs supplemented by written documentation, where applicable.

Color photographs shall be taken with a digital camera at locations that are appropriate to show pre-existing conditions and after constructed conditions. Each photograph shall show the date and time the photograph was taken and clearly be labeled showing the location, viewing direction, and any special features noted. Two (2) 4”x6” copies of each photograph shall be submitted to the City.

The photographs shall be indexed, inserted in a plastic viewing folder.

Full compensation for pre-construction survey shall be included in the contract price for the various items of work involved, and no additional compensation will be allowed therefore.

EXHIBIT 2 463
Submittals
01300-16

18.1 SUMMARY
A. Section includes requirements for:

1. Pre-construction photographs.

2. Pre-construction videos.

3. Post-construction photographs.

4. Post-construction videos.

B. The purpose of the photographs and videos is to document the condition of the facilities prior to the Contractor beginning work at the Project site and after Substantial Completion of the Work.

C. Areas to be photographed and videoed shall include the site of the Work and all existing facilities either on or adjoining the Project site, including the interior of existing structures, that could be damaged as a result of the Contractor’s Work.

D. The scope of the photographic and video graphic documentation shall be the sole responsibility of the Contractor, but shall be acceptable to the Construction Manager.

E. Related sections:

1. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

2. It is the Contractor’s responsibility for scheduling and coordinating the Work of subcontractors, suppliers, and other individuals or entities performing or furnishing any of Contractor’s Work.

3. The following Sections are related to the Work described in this Section. This list of Related Sections is provided for convenience only and is not intended to excuse or otherwise diminish the duty of the Contractor to see that the completed Work complies accurately with the Contract Documents.
a. Section 01200 - Project Meetings.
b. Section 01700 - Closeout Procedures.

18.2 SUBMITTALS
F. Key plan: Submit key plan of Project site with notation of vantage points marked for location and direction of each photograph. Include the same label information as the corresponding set of photographs.

G. Photographs:

1. Paper media:
a. Submit 4 prints of each photographic view within 7 days of taking photographs. b. Format:
1) 4- by 6-inch photos.
2) Photographs shall be enclosed in clear plastic sleeves that are punched for standard 3-ring binders.
c. Identification: On back or below each print, provide the following information:
1) Name of project.
2) Date photograph was taken.
3) Description of vantage point, indicating location and direction by compass point.

2. Digital media:
a. Provide photos as individual, indexed JPG files with the following characteristics:
1) Compression shall be set to preserve quality over file size.

EXHIBIT 2 464
Submittals
01300-17
2) Highest resolution JPG images shall be submitted. Resizing to a smaller size when high resolution JPGs are available shall not be permitted. 3) JPG image resolution shall be 800 by 600 or higher.
4) Images shall have rectangular clean images. Artistic borders, beveling, drop shadows, etc., are not permitted.

H. Videos:

1. Submit 4 copies of each video within 7 days of recording.

2. Videos shall be submitted in a digital color video format on a DVD suitable for playback on a standard DVD player.

3. Identification: On each copy provide a label with the following information:
a. Name of project.
b. Date video was recorded.

I. Pre-construction photographs and videos: Submit prior to beginning work at the Project site or prior to the Preconstruction Conference specified in Section 01200, whichever occurs earlier.

J. Post-construction photographs and videos: Submit with project closeout documents as specified in Section 1300.

18.3 MEDIA
K. Paper media:

1. Commercial grade, glossy surface, acid-free photographic paper.

L. Digital media:

1. 120 millimeters, 700-MB, 80-minute CD compatible with Microsoft Windows XP.

M. Videos:

1. 120 millimeters, DVD compatible with standard DVD players.

18.4 GENERAL
N. Photographs (paper and digital media):

1. Date stamp: Unless otherwise indicated, date and time stamp each photograph as it is being taken so stamp is integral to photograph.

O. Videos:

1. Display continuous running time. At start of each video recording, record weather conditions from local newspaper or television and the actual temperature reading at Project site. No additional compensation shall be provided for construction photographs and all costs therefore shall be included in the overall bid for construction of the project. *** END OF SECTION ***
EXHIBIT 2 465
Submittals
01300-19
Equipment Data & PM Tasks
(One Entity per Sheet - please circle one: new or additional) Equipment Tag #: Date installed:

Equipment Name: Warranty Start Date:

Equipment Initial Value: Warranty End Date:

Equipment Description: Supplier Name:

Manufacturer Name:

Model NO: Serial NO:

Equipment Location:

Misc. Equipment
Size: Manufacturer:

Capacity: Model NO:

Voltage: Serial NO:

Phase: Hertz:

Pumps
Galons Per Minute: Seal Type:

Size: Manufacturer:

RPM: Model NO:

TDH: Serial NO:

Type: Voltage:

Phase: Hertz:

Motors
Frame: Phase:

RPM: Horsepower:

Voltage: Weight:

Amerpage: Manufacturer:

Model NO: Serial NO:

Control Voltage:

Engines
Primary Fuel: Manufacturer:

RPM: Model NO:

Cylinders: Serial NO:

Horsepower:

Generator
EXHIBIT 2 466
Submittals
01300-20
Manufacturer: Amps:

Model NO.: Phase:

Serial NO.: Power Factor:

KVA: Frame:

Voltage: KW:

Fan Specs
Manufacturer: Wheel Diam, Inches:

Model NO.: Discharge:

Serial NO.: Rotation:

Type: BHP:

Weight: SP (in. wg):

CFM:

Valve Specs
Manufacturer: Actuator Type:

Model NO.: Body Type:

Serial NO.: Material:

Voltage: Connection Type:

Service: Size:

PM Tasks
NO of Days/Hours Task NO Task Description Est Time
Start
Date
NO. of Days/Hours: How often does this task need to be completed? Task NO.:

If this is a new task, leave the task number blank and write out the description of the new task.

Est. Time: What is the estimated time to complete the task? Start Date: When should this task start?
EXHIBIT 2 467
Progress Schedule
01310-1
SECTION 01310 - PROGRESS SCHEDULE

1.0 CONSTRUCTION SCHEDULE
A. Section includes: Preparation, submittal, and maintenance of computerized progress schedule and reports, Contract time adjustments, and payment requests, including the following:

1. Preliminary Schedule.

2. Baseline Schedule.

3. Weekly Schedule.

4. Schedule Updates.

5. Schedule Revisions.

6. Time Impact Analyses.

B. Related sections:

1. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

2. It is the CONTRACTOR’s responsibility for scheduling and coordinating the Work of subcontractors, suppliers, and other individuals or entities performing or furnishing any of CONTRACTOR’s Work.

3. The following Sections are related to the Work described in this Section. This list of Related Sections is provided for convenience only and is not intended to excuse or otherwise diminish the duty of the CONTRACTOR to see that the completed Work complies accurately with the Contract Documents.
a. Document 00700 – General Conditions
The schedule shall be submitted within ten (10) days of Notice to Proceed and favorably reviewed by the Construction Manager before the first partial payment can be made.

The Contractor shall provide with its schedule a procedural outline of the system shutdowns and proposed tie-in procedures, which shall be subject to the favorable review of the Construction Manager and the City.

1.1 Base Schedule
The Contractor shall submit the schedule based on either the bar chart method or the Critical Path Method (CPM). The schedule shall indicate preceding activity relationships and/or restraints where applicable and a controlling path shall be indicated. The schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The construction schedule shall clearly show the sequence of construction operations and specifically list:
a. The start and completion dates of all work items.
b. The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement.
c. Progress milestone events or other significant stages of completion. d. The lead time required for testing, inspection and other procedures required prior to acceptance of the work.

Activities shall be no longer than fifteen (15) workdays, except for submittals and delivery items.

If an activity takes longer, it shall be broken into appropriate segments of work for measurement EXHIBIT 2 468
Progress Schedule
01310-2
of progress. This limitation may be waived, upon approval of the Construction Manager, for repetitious activities of longer durations for which progress can be easily monitored.

1.2 Responsible Person
A. Contractor shall designate, in writing and within 5 calendar days after Notice of Award, person responsible for preparation, maintenance, updating, and revision of all schedules.

B. Qualifications of responsible person:

1. Authority to act on behalf of Contractor.

2. 5 years verifiable experience in preparation of complex construction schedules for projects of similar value, size, and complexity.

Knowledge of critical path method (CPM) scheduling utilizing Primavera Project Planner or SureTrak or Microsoft Project software.

1.3 Reports
The following reports shall be submitted with the Base Schedule:
a. Bar Chart: A bar chart which lists each activity description, early start and finish dates, and all preceding and succeeding activities. The chart shall indicate all critical activities.

A chart with the above information shall be provided with each monthly update in lieu of the report specified in Paragraph 01310-4.1.1.a.
b. CPM Schedule: A CPM network report sorted by I-J or activity number which lists each activity description, early start and finish dates, preceding and succeeding activities and restraints, including lead/lag durations. The report shall show the critical path.

1. CPM network report sorted by total float.

2. CPM network report sorted by early start.

2.0 WEATHER CONDITIONS
Seasonal weather conditions shall be considered in the planning and scheduling of work influenced by high or low ambient temperatures or precipitation to ensure the completion of the Work within the Contract Time. No time extensions will be granted for the Contractor's failure to take into account such weather conditions for the location of the Work and for the period of time in which the Work is to be accomplished.

The expected loss of working days specified in the Supplementary Conditions, Paragraph 01010-5.0, Weather Days, shall be included in a separate identifiable critical activity labeled "Weather Days Allowance" to be included at the end of the project schedule. When weather days occur, and are approved as such by the Construction Manager, the Contractor shall either:
a. Increase the duration of the current critical activity (ies) by the number of weather days experienced, or
b. Add a critical activity to the schedule to reflect the occurrence of the weather day(s).

EXHIBIT 2 469
Progress Schedule
01310-3
The duration of the weather day allowance activity shall be reduced as weather days are experienced and included in the schedule. Any remaining weather days in the weather day allowance activity at the completion of the project shall be considered as float and shall not be for the exclusive use or benefit of either the City or Contractor.

3.0 UPDATES

3.1 Submittal Period
The Contractor shall submit at monthly intervals a report of the actual construction progress.

Each monthly report shall cover a period of approximately thirty (30) days ending around the 30th of each month, or on another mutually agreed upon date each month. The monthly reports shall be submitted within ten (10) days of the end of the reporting period.

A. Submit, on a monthly basis, updated schedules as specified. Submit final schedule update as specified.

B. Submit revised schedules and time impact analyses as specified.

C. Submit schedules in the media and number of copies as follows:

1. 3 sets of the CPM network and/or bar chart (as specified by the OWNER) on D-size sheets. Color-coding to be specified by the OWNER.

2. 3 sets of Tabular reports listing all activities sorted numerically identifying duration, early start, late start, early finish, late finish, total float, and all predecessor/successor information.

3. 2 sets of CPM Schedule data electronic files stored on CD/DVD.

3.1.1 All Monthly Updates - All monthly updates shall include as a minimum:
a. Tabulation reports for the following sorts:

1. I-J [or Activity] Numbers

2. Total Float

3. Early Start

4. Logic report of proceeding and succeeding activities with all restraints indicated (precedence schedules only)
b. Narrative Report - The report shall show the activities or portions of activities completed during the reporting period. The report shall state the percentage of the work actually completed and scheduled, the remaining duration, and the progress along the critical path in terms of days ahead or behind the allowable dates as of the report date. Any changes made by the Contractor to the schedule, including I-J (or Activity) numbers and activity descriptions, shall be listed.

3.1.2 On-Schedule Updates - If the project is proceeding on schedule, the monthly update report may consist of a marked-up copy of the graphical network diagram. This submittal shall clearly indicate the status of any minor shifts in sequence or schedule and the estimated completion date or percent complete of all activities currently in progress. The Contract completion date EXHIBIT 2 470
Progress Schedule
01310-4
shall also be indicated. The Contractor shall submit a narrative report relating to status of construction, the schedule, and factors which may affect the remainder of the schedule.

3.1.3 Delayed Schedule Updates - If, in the opinion of the Construction Manager, the project is behind schedule, the monthly report shall include a revised network diagram and/or mathematical analysis showing the Contractor's proposed revised schedule. The schedule shall be revised under the conditions defined in Paragraph 01310-3.3, Schedule Revisions. An analysis of the effect that the delay has on progress along other paths shall also be included in the report. The Contractor shall also submit a narrative report with each updated analysis which shall include but not be limited to a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective actions taken or proposed.

3.2 Schedule Review
Once each month, on a date mutually agreed upon, but no later than seven (7) working days after the submittal of the monthly update specified herein, a jobsite meeting will be held to review the Construction Schedule, job progress and the monthly update, or the Construction Manager will provide written comments on the monthly update.

3.3 Schedule Revisions
The conditions under which the Construction Manager will require revisions of the Construction Schedule include the following:
a. When delay in completion of any work item or sequence of work items results in an estimated extension of project completion by either twenty (20) working days or by five percent (5%) of the remaining duration of time to complete the Contract, whichever is less.
b. When delays in submittals or deliveries make re-planning or rescheduling of the work necessary.
c. When the schedule does not represent actual prosecution and progress of the work. d. When any change to the sequence of activities, the completion date for major portions of the work, or changes occur which affect the critical path. e. When Contract modification necessitates schedule revision.

The Contractor shall not make any changes to the critical path without the Construction Manager’s written consent.

4.0 TIME IMPACT ANALYSES

4.1 Requirement
When change orders impacting project duration are initiated, delays are experienced, or the Contractor desires to revise the schedule logic, the Contractor shall submit to the Construction Manager a written Time Impact Analysis illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date.

EXHIBIT 2 471
Progress Schedule
01310-5

4.1.1 Construction Schedule Analysis -
a. Each Time Impact Analysis shall include an analysis demonstrating how the Contractor proposes to incorporate the change order, delay, or Contractor request into the Schedule.
b. The analysis shall demonstrate the time impact based on the date of occurrence of the change, delay or revision; the status of construction at that point in time; and the impact of all affected activities.

4.2 Delays
Activity time delays will not automatically mean that an extension of Contract Time is warranted or due the Contractor.
a. It is possible that a strike or contract modification will not affect existing critical activities or cause non-critical activities to become critical, i.e., a strike or modification may result in only absorbing a part of the available total float that may exist within an activity chain of the network, thereby not causing any effect on the Contract completion date or time. b. The Contractor acknowledges and agrees that mitigation for delays due to changes, differing site conditions, and other causes will require revision of preferential sequences of the Work before proposing an updated schedule which supports a delay to the Project as a whole. When a delay to the Project as a whole can be avoided by revising preferential sequencing, and the Contractor chooses not to implement the revisions, the Contractor will be entitled to a time extension but is not entitled to compensation for indirect overhead.
c. Float or slack shall not be for the exclusive use or benefit of the City or the Contractor.

Extensions of time for performance will be granted only to the extent that the equitable time adjustments for the activity or activities affected exceeds the total float along the activity chain involved at the time the change was ordered or the delay occurred. d. The definitions of "non-critical activities" and "total float" shall be as provided in the Associated General Contractors of America book "CPM in Construction, A Manual for General Contractors."

4.3 Submittal
Time Impact Analyses shall be submitted in quadruplicate and within fifteen (15) days after a delay occurs or with the Contractor's cost proposal in response to a notice of change from the Construction Manager. In cases where the Contractor does not submit a Time Impact Analysis for a specific change order, delay, or Contractor request within the specified period of time, then it is mutually agreed that the particular change order, delay, or Contractor request has no time impact on the Contract completion date and no time extension is required. a. Approval or rejection of Time Impact Analyses by the Construction Manager and the City will be made within fifteen (15) days after receipt of the Time Impact Analysis unless subsequent meetings and negotiations are necessary. b. Upon mutual agreement by both parties, schedule revisions illustrating the influence of change orders, delays, and/or Contractor requests will be incorporated into the next schedule update.

EXHIBIT 2 472
Progress Schedule
01310-6

5.0 WEEKLY ACTIVITIES PLAN
On the last working day of every week the Contractor shall submit to the Construction Manager the Contractor's Plan of Activities for the following three weeks. The Plan of Activities shall describe the activity and location of the activity and include the activity's I-J or Activity number as provided in the Construction Schedule.

6.0 CASH FLOW PROJECTION
A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.

7.0 WORKHOUR PROJECTION
A work hour projection shall be submitted with the Construction Schedule. The projection shall list projected work hours for each intended trade. This applies to the Contractor and the Subcontractors as listed in the bid. The projection shall include work hours for project management, superintendence and administration. The work hour projection shall be revised and resubmitted when revisions to the Construction Schedule will result in changes to the projected manpower.
*** END OF SECTION ***
EXHIBIT 2 473
Progress Schedule
01310-7
EXHIBIT 2 474
Quality Control
01400-1
SECTION 01400 - QUALITY CONTROL

1.0 QUALITY CONTROL
All materials and equipment shall be new and of the specified quality and equal to the samples found to be acceptable by the Design Consultant if samples have been submitted. It shall be the duty of the Contractor to call the Construction Manager's attention to apparent errors or omissions and request instructions before proceeding with the Work. The Construction Manager may, by appropriate instructions, correct errors and supply omissions not involving extra cost, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents.

At the option of the Construction Manager, materials and equipment to be supplied under this Contract will be tested and inspected either at their place of origin or at the site of the Work. The Contractor shall give the Construction Manager written notification at least 30 days prior to the shipment of materials and equipment to be tested and inspected at 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 reinspection at the site of the Work.

Inspection of the Work by the City, Construction Manager and/or Design Consultant shall not relieve the Contractor of its obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract.

2.0 INSPECTION
All work and materials are subject to the inspection of the Construction Manager. The Contractor shall notify the Construction Manager before noon of the working day before inspection is required.

If the Specifications, the Construction Manager's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give timely notice, in writing, of its readiness for inspection. Unless otherwise determined by the Construction Manager, all inspections shall be done only in the presence of the Construction Manager or its authorized representatives. The City, Construction Manager, Design Consultant and authorized government agents and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or progress and to all warehouses and storage yards wherein materials and equipment are stored, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract, and improper work will be subject to rejection. Work and materials not meeting such requirements shall be made good, and unsuitable work or materials may be rejected; notwithstanding that such work or materials have been previously inspected by the Construction Manager or that payment therefore has been included in a progress estimate.

No portion of any work or installed materials shall be covered or concealed in any manner whatsoever without first being inspected by the Construction Manager. If any work should be covered up without the approval or consent of the Construction Manager, the Construction Manager shall have the authority to require that such work be uncovered for examination; defective work, if any, corrected; and recovered at the Contractor's expense.

EXHIBIT 2 475
Quality Control
01400-2

3.0 SAMPLES AND TESTS
At the option of the Construction Manager, the source of supply of materials for the Work shall be subject to tests and inspection before the delivery is started and before such materials are used in the Work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of materials to be used in the Work in sufficient quantities or amounts for testing or examination.

All tests of materials furnished by the Contractor shall be made in accordance with the commonly recognized standards of national technical organizations, and such special methods and tests as are prescribed in the Contract Documents.

Certificates of compliance shall be provided by the Contractor as required in the Technical Specifications.

3.1 Sampling
The Contractor shall furnish such samples of materials as are requested by the Construction Manager, without charge. No material shall be used until the Construction Manager has had the opportunity to test or examine such materials. Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the jobsite, such as concrete test cylinders, shall be taken or prepared by the Construction Manager or Testing Firm in the presence and with the assistance of the Contractor.

3.2 Testing
Unless otherwise provided, all initial testing for concrete and soils shall be at no expense to the Contractor and shall be performed in the City's laboratory or in a laboratory designated by the City.

Any retesting required due to failed test or defective material or sample shall be at the Contractor's expense. When required by the Contract or the Construction Manager, the Contractor shall furnish, at no extra charge, certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory.

The Contractor is responsible for all system and equipment testing as provided for in these Contract Documents.

3.3 Test Standards
All sampling, specimen preparation, and testing of materials shall be in accordance with the standards of nationally recognized technical organizations.

The physical characteristics of all materials not particularly specified shall conform to the latest standards published by the American Society for Testing Materials, where applicable. *** END OF SECTION ***
EXHIBIT 2 476
Construction Facilities and
Temporary Controls
01500-1
SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

1.0 GENERAL
The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation.

The Contractor shall respond to public complaints when requested by the City.

2.0 TEMPORARY UTILITIES

2.1 Electrical Service
The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary electrical service at a mutually agreeable location. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities.

Electric power may be available for the Contractor’s use, on a site specific basis, and at the City’s sole discretion.

2.2 Water
The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water. The Contractor shall pay for all water used for the Contractor's operations prior to final acceptance. The Contractor shall be responsible for the disposal of all water used in the course of construction in accordance with all local, state and national laws.

2.3 Temporary Lighting
The Contractor shall provide temporary lighting in all work areas sufficient to maintain a lighting level during working hours not less than the lighting level required by California OSHA standards.

As permanent lighting facilities are completed they may be used in lieu of temporary facilities, provided however, that bulbs, lamps, or tubes of such facilities used by the Contractor shall be replaced prior to final acceptance of the Work.

2.4 Heating and Ventilation
The Contractor shall provide means for heating and ventilating all work areas as may be required to protect the Work from damage by freezing, high temperatures, weather, or to provide a safe environment for workers. Unvented direct fired heaters shall not be used in areas where freshly EXHIBIT 2 477
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placed concrete will be exposed to the combustion gases until at least two hours after the concrete has attained its initial set.

2.5 Sanitary Conveniences
The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition.

3.0 CONSTRUCTION FACILITIES
Construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided.

3.1 Staging and False work
Temporary supports shall be designed by a professional registered engineer with an adequate safety factor to assure adequate load bearing capability. If requested by the Construction Manager, the Contractor shall submit design calculations for staging and shoring prior to application of loads.

Excavation support shall be in accordance with Section 00700-4.12, Safety.

3.2 Temporary Enclosures
When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees or the public are in progress, the area of activity shall be enclosed adequately to contain the dust, over-spray, or other hazard. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures. The Contractor shall comply with the San Joaquin Valley Unified Air Pollution Control District regulations for such work.

3.3 Warning Devices and Barricades
The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of Cal/OSHA.

A. Hazards in public right-of-way:

Contractor shall:

1. Mark at reasonable intervals, trenches and other continuous excavations in public rightof-way, running parallel to general flow of traffic, with traffic cones, barricades, or other suitable visual markers during daylight hours:
a. During hours of darkness, provide markers with torches, flashers, or other adequate lights.

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2. At intersections or for pits and similar excavations, where traffic may reasonably be expected to approach head on, protect excavations by continuous barricades:
a. During hours of darkness, provide warning lights at close intervals.

3.4 Above Grade Protection
On multi-level structures the Contractor shall provide safety protection that, as a minimum, shall meet the requirements of Title 8, California Code of Regulations.

3.5 Use of Explosives
All persons engaged in the activities of receiving, storing, using, handling or transporting any explosives must obtain a permit from the Fire Prevention Bureau; and all work shall be governed by the Health & Safety Code and any amendments or existing Articles of the National Board of Fire Underwriters Fire Prevention Code. The Contractor must notify the Construction Manager at least 14 days prior to the use of explosives.

4.0 PROTECTION AND RESTORATION OF PROPERTY
The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor is responsible for the following, at no additional cost to the City:
a. The Contractor shall conduct operations in a manner which will cause the least amount of damage, inconvenience and interference with the normal use of any public or private property. The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
b. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. Remove all transplantable trees, shrubs and bushes that may be damaged or destroyed by construction and reset them after construction. If damaged or removed because of the Contractor's operations, they shall be restored or replaced as required to return the property to its prior condition and location, or better, as is reasonably possible.

Lawns shall be re-sod, or re-seeded and covered with suitable mulch if appropriate sod is not available.
c. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right-of-way which are designated for removal or would be destroyed because of the Work.
d. 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 or the work of any other contractor.
e. To provide suitable storage facilities for all materials which are liable to injury by exposure to weather, theft, breakage, or otherwise. If the Owner determines that suitable storage for certain materials is not being provided, he may direct the Contractor to remove it from the job site, or to store it properly at the job site.

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f. To place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work.
g. In coordination with the appropriate authorities probe, pot-hole, or otherwise ascertain the exact location of all existing underground improvements in advance of excavation such that no damage to these improvements will occur. In the event interferences in construction are encountered with the various existing improvements, the City reserves the right to appropriately change the alignment and grade of the facilities. h. Provide for the flow of all sewers and drains interrupted during the progress of the Work, in a manner acceptable to the City and immediately cart away and remove all offensive matter at no additional cost to the City.

Where interruption of existing utilities occurs as the result of the Contractor's activity for this Work, whether intentional or accidental, repairs to the interrupted utility shall be performed by the Contractor in a manner acceptable to the Owner unless instructed otherwise in these Contract Documents. The repairs, including materials used, shall be performed in accordance with the requirements of the respective utility as well as the requirements of the Contract Documents for this Project. Where a conflict exists between the requirements of the respective utility and those of the Contract Documents for this Project, the more stringent of the two shall apply unless instructed otherwise by the Owner.

5.0 PROJECT SECURITY
The Contractor shall make adequate provision for the protection of the Work area against fire, theft, and vandalism, and for the protection of the public against exposure to injury and shall comply with the City's security measures.

5.1 Fire Extinguisher
Sufficient number of fire extinguishers of the type and capacity required to protect the Work and ancillary facilities, shall be provided and maintained in readily accessible locations. The local fire marshal shall have jurisdiction in determining the appropriate level of protection required.

5. 2 First aid
Post first aid facilities and information posters conforming to requirements of OSHA and other applicable Laws and Regulations in readily accessible locations.

5.3 Temporary Fences
Except as otherwise provided, the Contractor shall enclose the site of the Work with a fence adequate to protect the Work and temporary facilities against acts of theft, violence, or vandalism.

In the event all or a part of the site is to be permanently fenced, this permanent fence or a portion thereof may be built to serve for protection of the Work site, provided however, that any portions damaged or defaced shall be replaced prior to final acceptance.

Temporary openings in existing fences shall be protected to prevent intrusion by unauthorized persons. During night hours, weekends, holidays, and other times when no work is performed at EXHIBIT 2 480
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the site, the Contractor shall provide temporary closures or guard service to protect such openings.

Temporary openings shall be fenced when no longer necessary.

6.0 ACCESS ROADS
Access roads shall be maintained to all storage areas and other areas to which frequent access is required. Similar roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed, such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities.

7.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control.

7.1 Dust Control
The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. Haul routes shall be kept visibly wet during excavation and hauling operations.

Unless the construction dictates otherwise, and unless otherwise approved by the Construction Manager, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.

7.2 Mud Control
The Contractor shall: Prevent mud nuisance caused by construction operations, unpaved roads, excavation, backfilling, demolition, or other activities.

7.3 Noise Abatement
Operations at the Worksite shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance.

Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.

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7.4 Working Hours
Construction shall be allowed only between the hours of seven (7:00) a.m. and six (6:00) p.m. on weekdays and nine (9:00) a.m. to six (6:00) p.m. on weekends and holidays, unless otherwise approved by the City.

Normal working hours are defined as between the hours of seven (7:00) a.m. and six (6:00) p.m. on weekdays.

The Contractor shall be responsible for any inspection and additional administration costs incurred by the City, or its agents and representatives, for work by the Contractor outside the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work in Section 01010, Summary of Work, specifically required to be performed outside the normal working hours is excluded from the provisions of this paragraph.

The Contractor shall notify the Construction Manager at least 48 hours prior to any work outside the normal working hours defined above, on weekends or holidays. No work outside normal working hours will be allowed to take place without proper notification and approval by the construction manager.

7.5 Drainage Control
In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property.

Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow.

Drainage means shall be provided to protect the Work and adjacent facilities from damage due to water from the site or due to altered drainage patterns from construction operations.

Temporary provisions shall be made by the Contractor to ensure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses.

7.6 Construction Cleaning
The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work.

The Contractor shall clean up not less than at the end of each work day, 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. More frequent clean-up shall be performed as required to maintain access to all other City facilities still in operation.

All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations.

Before final inspection of the work, the Contractor shall clean the project site, material sites, and all ground occupied by him in connection with the work of all rubbish, excess materials, false-work, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition.

Nothing herein, however, shall require the Contractor to remove warning, regulatory, and guide signs prior to formal acceptance by the City.

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Full compensation for all site maintenance and cleanup will be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefore.

7.7 Disposal of Material
The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required Federal, State, and local regulations pertaining to such disposal.

7.8 Parking and Storage Areas
All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the Construction Manager.

8.0 TRAFFIC REGULATION

8.1 General
The Contractor shall take all necessary steps to minimize inconvenience to the general public throughout all work under this Contract. No driveways or private roads shall be blocked without notifying the property owner and access must be restored during all non-working hours. Safe access must be maintained for pedestrian traffic throughout the work area at all times.

At least one lane of traffic in each direction must be kept open at all times unless prior approval is provided by the City and any affected agency. No roads shall be blocked or made inaccessible, due to the Contractor's work, without prior written approval of the City and the affected agencies.

The Contractor shall not block or obstruct fire lanes at any time.

8.2 Haul Routes
Prior to the pre-construction conference, the Contractor shall submit for approval the proposed route(s) for all construction traffic on the project. This shall include any designated routes, if any, shown on the Contract Drawings. Upon approval, the Contractor shall strictly adhere to that route(s) only, unless written permission is obtained to change the route(s).

8.3 Traffic Control
Traffic control shall be in accordance with the California Department of Transportation Traffic Manual. The Contractor shall submit for approval, by the City and any other applicable agency, its traffic control plans prior to work on public streets.

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Traffic control shall include signs, warning lights, reflectors, barriers, and other necessary safety devices and measures, including sufficient flaggers to direct vehicular traffic through the construction areas.

No material or equipment shall be stored/parked where it will interfere with the free and safe passage of public traffic, and at the end of each day's work, and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the public right-of-way.

Should the Contractor appear to be negligent in furnishing warning and protective measures, as above provided, the Construction Manager may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor at its expense.

9.0 PROJECT OFFICE
The Contractor shall maintain on the project site a suitable office or other protected area in which shall be kept project copies of the Contract Documents, project progress records, project schedule, shop drawings, and other relevant documents which shall be accessible to the City and Construction Manager during normal working hours.

10.0 CONTRACTOR’S SAFETY RULES
The Contractor shall execute and abide by all terms and conditions of the City's "Contractor's Safety Rules," a copy of which is included at the end of this section. The Contractor shall post "Contractor's Safety Rules" on the job site for the entire construction period for this Project.

11.0 NOT USED
*** END OF SECTION ***
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CITY OF STOCKTON

DEPARTMENT OF MUNICIPAL UTILITIES

CONTRACTOR'S SAFETY RULES

THESE SAFETY RULES ARE TO INFORM YOU OF CERTAIN SAFETY AND HEALTH REQUIREMENTS

THAT MUST BE FOLLOWED WHILE WORKING AT THE REGIONAL WASTEWATER CONTROL

FACILITY MAIN PLANT, TERTIARY PLANT, PUMP STATIONS OR OTHER MUNICIPAL UTILITIES DEPARTMENT SITES.

1. DRINK ONLY BOTTLED WATER. DO NOT DRINK FROM ANY FAUCET, PIPELINE OR HOSE

WHILE WORKING AT THE MAIN PLANT, TERTIARY PLANT, OR SMITH CANAL PUMP STATION.

2. STRICT ADHERENCE TO CONFINED SPACE ENTRY PROCEDURES OUTLINED BY CALOSHA TITLE 8 ARTICLE 108 MUST BE FOLLOWED.

3. WASH HANDS THOROUGHLY BEFORE EATING OR DRINKING.

4. WORK ONLY IN CONTRACTED AREAS. DO NOT WANDER THROUGH THE SITE.

5. OBSERVE THE 15 M.P.H. SPEED LIMIT ON THE MAIN PLANT AND TERTIARY SITES.

OBSERVE ALL STOP SIGNS.

6. CHECK WITH THE CONTRACT MANAGER BEFORE BEGINNING ANY CONTRACTED WORK

TO REVIEW ANY SPECIAL HAZARDS OR SAFE PRACTICE PROCEDURES FOR THE AREA YOU ARE WORKING IN.

7. IT IS YOUR RESPONSIBILITY TO ADVISE YOUR WORK CREWS AND SUBCONTRACTORS

REGARDING HAZARDS AND SAFE PRACTICE MEASURES REQUIRED WHILE DOING ANY WORK AT MUNICIPAL UTILITIES DEPARTMENT FACILITIES. POTENTIALLY HAZARDOUS CHEMICALS ARE STORED AND USED AT MANY M.U.D. SITES.

8. THE ABOVE RULES DO NOT EXEMPT ANY CONTRACTOR OR SUB-CONTRACTOR FROM ANY APPLICABLE FEDERAL, STATE OR LOCAL REGULATIONS.

THE ACKNOWLEDGMENT BELOW MUST BE SIGNED AND RETURNED TO THE CONTRACT MANAGER. THANK YOU FOR YOUR COOPERATION.

I UNDERSTAND AND AGREE TO COMPLY WITH THE ABOVE RULES WHILE ON ANY MUNICIPAL UTILITIES DEPARTMENT SITE.
____________________________________ _________________________

CONTRACTOR'S SIGNATURE DATE
____________________________________

COMPANY NAME
EXHIBIT 2 485
Materials and Equipment
01600-1
SECTION 01600 - MATERIAL AND EQUIPMENT

1.0 STORAGE OF MATERIALS
Materials shall be stored in such a manner as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Construction Manager, materials shall be placed on platforms or other hard, clean surfaces, and covered when directed.

Materials shall be stored so as to facilitate inspection. Storage areas shall be suitably fenced, if necessary to protect the public or the material.

Unless otherwise designated in the General Requirements, locations and arrangements for storage sites for materials and equipment outside the limits of work shall be selected and maintained by the Contractor at its expense. Full compensation for furnishing such storage sites as may be necessary or required by the Contractor shall be considered as included in the price bid and no additional compensation will be allowed therefore. The City shall be specifically exempted in any agreement from any liability incurred from the use of private property for construction purposes.

Use of portions of the City's area at the site for materials and equipment storage shall be permitted only upon the approval of the Construction Manager.

2.0 HAZARDOUS MATERIALS
The storage and handling of potential pollution causing and hazardous materials, including but not necessarily limited to, gasoline, oil and paint shall be in accordance with all local, state and federal requirements. All hazardous materials shall be stored and handled in strict accordance with the Material Safety Data Sheets for the products. Material Safety Data Sheets shall be submitted to the Construction Manager prior to the delivery of materials to the project. Hazardous materials shall be removed and legally disposed as soon as no longer needed for project work. All spills of potential pollution causing and hazardous materials shall be contained, cleaned-up, removed and legally disposed, and remediated completely at no additional cost to the City.

3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS

3.1 General
In preparing these Specifications, the Design Consultant has named those products which to its knowledge meet the Specifications and are equivalent in construction, functional efficiency, and durability.

Wherever catalog numbers and specific brands or trade names preceded by "similar and equal" or followed by the designation "or equal" are used in conjunction with a designated material, product, thing, installation, or service mentioned in these Specifications, they are used to establish the standards of quality and utility required.

The first-named manufacturer is the basis for the project design and the use of alternative-named or unnamed manufacturer's products proposed by the Contractor may require modifications in the project design and construction. Where only one product has been named by brand, it is the only brand, trade name, or manufactured product known to the Design Consultant that meets these Specifications.

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Wherever catalog numbers and specific brands or trade names not preceded by designation "similar and equal" nor followed by the designation "or equal", are used in conjunction with a designated material, product, thing, installation, or service mentioned in these Specifications, to ensure compatibility with existing facilities, no substitutions will be allowed. Reference Paragraph 00100-19.0, Substitutions During Bidding.

3.2 Substitutions
Substitutions which are equal in quality and utility to those specified will be permitted, subject to the following provisions. For this purpose, the Contractor shall submit to the Construction Manager in accordance with Public Contract Code Section 3400, no later than thirty five (35) days after the Notice to Proceed, a typewritten list containing a description of each proposed substitute item or material. Sufficient data, drawings, samples, literature, calculations, or other detailed information as will demonstrate to the Design Consultant that the proposed substitute is equal in quality and utility to the material specified shall be appended to this list. The Design Consultant will favorably review in writing such proposed substitutions as are, in its opinion, equal in quality to the items or materials specified. In the event that a substitute is favorably reviewed, fifty percent (50%) of all savings shall be credited to the City.

Failure of the Contractor to submit proposed substitutions for review in the manner described above and within the time prescribed shall be sufficient cause for rejection by the Construction Manager of any substitutions otherwise proposed.

3.3 Modifications and Costs
If named alternatives or substitutions are proposed by the Contractor and favorably reviewed by the Design Consultant, the Contractor is responsible for providing, at no additional cost to the City, any electrical, mechanical, structural, or other related changes or testing that may be required to accommodate or provide the particular material or equipment the Contractor desires to use. Any deviation from the Specifications or the Drawings resulting from the type of material or equipment to be used shall not be the basis for any "extra charges" above and in excess of the original bid price of the work.

In addition the Contractor is responsible for all additional costs to the City, and its agents and representatives, for evaluation of data submitted by the Contractor for alternative named or substitutions and any redesign necessary. The City shall deduct said costs from the Contract monies due the Contractor.
*** END OF SECTION ***
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Materials and Equipment
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EXHIBIT 2 488
System Testing
01660-1
SECTION 01660 - SYSTEM TESTING
The Contractor shall test the facilities as specified in the City of Stockton Standard Plans and Specifications.

The Contractor shall provide all necessary facilities for conducting the tests, including but not limited to, personnel, power, water equipment, and chemicals. The Contractor shall provide the required minimum notice to the Construction Manager of its readiness and intent prior to each test. *** END OF SECTION ***
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System Testing
01660-2
EXHIBIT 2 490
Training
01670-1
SECTION 01670 - TRAINING

1.0 GENERAL
Conduct an instruction program for City's operation and maintenance personnel. Provide training for the purpose of familiarizing the City's personnel with the proper operation and maintenance of all equipment. Training shall include both classroom instruction and "hands-on" instruction held at the equipment.

Additional specific requirements for each type of equipment and/or system are identified in the Specification sections covering the various project equipment and/or systems.

2.0 INSTRUCTORS
Training for an individual component within a system shall be performed by the manufacturer’s factory-certified personnel. Training provided by the system fabricator, packager, integrator, or supplier shall be in addition to the component training.

Training instructors shall be trained and familiar with giving both classroom and hands-on field training.

3.0 SCHEDULING
Conduct training after the equipment has been installed, tested, and adjusted, and prior to City acceptance for beneficial occupancy or substantial completion of the respective equipment item, unless required earlier in the progress of the work the Specification section covering that equipment or system. Training shall be a prerequisite for acceptance.

Schedule instruction periods acceptable to the City, and provide formal written notice of the proposed instruction period at least fourteen (14) days prior to commencement of the instruction period. The City will review and comment on the proposed training schedule to accommodate scheduling of its shift personnel and ongoing or forecasted workload. The duration of the training sessions may vary from one hour up through multiple days, and should be based upon the complexity of the equipment involved and the training required.

For operation and routine maintenance instruction, three separate but identical training sessions for each respective equipment item or system shall be required (on different days or sets of days for multiple day sessions) to accommodate the scheduling of City’s shift personnel and City’s workload. For detailed maintenance and overhaul training, and for detailed troubleshooting, repair, and programming instruction for electrical and instrumentation equipment, two separate but identical training sessions (on different days or sets of days for multiple day sessions) shall be required for each respective equipment item or system.

4.0 INSTRUCTION PROGRAM
Instruction programs shall include basic system operation theory, troubleshooting, routine maintenance and repair, "hands-on" operation of equipment, and rebuild/overhaul procedures.

Provide copies of all training material (graphs, diagrams, cut-a ways, charts, descriptions, instructions, etc.) used in the training sessions for the use of City's personnel in attendance and for insertion into the O&M manuals. All training material shall become the property of the City.

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Training
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Instructors shall prepare a typed agenda for each training session and submit to City with the proposed training schedule twenty-one (21) days prior to the proposed commencement of the training period. City will review and comment on the adequacy of the proposed training and training schedule. Instructors shall obtain City approval of each training session agenda prior to the start of its respective session.

Training sessions, and their respective agendas, shall be organized into topic groupings to allow City to coordinate personnel attendance with the topics being taught. For example, operators do not need to attend overhaul training. Agenda shall also include a statement of the intended audience, list of major training topics, goals and objectives for each major training topic, and motivational statements (i.e. why is this important).

Training sessions shall cover the information required in the Operation and Maintenance manuals submitted in accordance with Section 01300 and the following topics, as applicable:
a. Operation, including theory of operation, start-up procedures, shutdown procedures, instrumentation and controls
b. Lubrication, including changing of major fluids
c. Operation safety
d. Emergency situation response
e. Troubleshooting
f. Preventive maintenance procedures
g. Optimizing life of equipment components
h. Maintenance, including adjustment and/or removal and replacement of wear components
i. Overhaul and repair, including takedown procedures, disassembly and assembly j. Programming
k. Record keeping
Training for overhaul and repair on mechanical equipment, and for troubleshooting, repair, and programming on electrical, instrumentation, and control equipment shall provide sufficient detail, duration, and quality to result in factory certification for City staff receiving such training, where factory certification is available. This training shall include an examination to determine the competency of the participating students. All tests shall be scored by the instructor and results submitted to the City. Certificates shall be issued by the manufacturer to those students demonstrating a level of competency acceptable to the manufacturer. The manufacturer/instructor shall anticipate training City staff to this level of detail as follows:

Mechanical Equipment Two separate sessions with four City maintenance staff in each session (separate days)
Electrical, Instrumentation and control Two separate sessions with four City maintenance staff in each session (separate days)

5.0 LOCATION
All training shall be conducted at City facilities, except that training for factory certification in troubleshooting, repair, and programming of electrical, instrumentation, and control equipment may occur at the manufacturer's facility, at the manufacturer's option. Should the manufacturer choose to conduct this factory certification training at its facilities, the Contractor shall arrange for and pay all costs for travel, lodging, meals, and other associated expenses for City staff to travel to and from, and receive training at, the manufacturer's facility, at no additional cost to the City.

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Training
01670-3

6.0 RECORDING OF TRAINING SESSIONS
Contractor shall record in color using DVD format, every session of the instruction program for each respective equipment item or system. Recording shall be performed by a person experienced in the operation of video recording equipment. Care shall be taken to properly place the camera, and provide adequate lighting and sound systems to ensure good video and audio quality. The final submitted DVD shall be subject to City approval and acceptance.

For video recording of "hands-on" training at the equipment, ambient noise shall be considered too loud to obtain satisfactory sound quality. For "hands-on" training sessions at the equipment, the recording shall be done without sound and the instructor shall dub a detailed narrative onto the recording by a means that will provide sound quality satisfactory to the City. Contractor shall propose a dubbing methodology to the City for approval prior to the first "hands-on" training session.

Contractor is not required to video record factory certification training that occurs at the manufacturer's facilities, but shall record any such training that occurs at City facilities.

Label each DVD identifying the session and respective equipment item or system. Multiple sessions of the same instruction program may be contained on the same DVD, but only one equipment item or system shall be recorded on the same DVD. The original and one copy of each DVD shall be submitted to the City within seven days following completion of each respective instruction program and any post-session dubbing. Responsibility for coordinating and providing all equipment, including video recorder and microphones, necessary to satisfactorily record each session, including all associated costs, shall be borne by the Contractor at no additional cost to the City.
*** END OF SECTION ***
EXHIBIT 2 493
Training
01670-4
EXHIBIT 2 494
Contract Closeout
01700-1
SECTION 01700 - CONTRACT CLOSEOUT

1.0 INSTRUCTION MANUALS
All Instruction Manuals shall be submitted to, and approval by the Construction Manager obtained, prior to seventy-five (75) percent of the work being completed, or prior to the City taking beneficial occupancy of any equipment or facility, whichever occurs first. Incomplete or unacceptable Instruction Manuals as determined by the Construction Manager shall constitute justification for withholding all or any portion of progress payments.

2.0 EQUIPMENT START-UP
After all acceptance tests have been completed by the Contractor and City, but prior to final acceptance, the Contractor shall recheck all equipment for proper alignment, adjustment, and calibration, check oil levels, re-lubricate all bearing and wearing points, and in general assure that all equipment is in proper condition for regular continuous operation.

3.0 FINAL CLEANING

3.1 Final Clean Up
Before final inspection of the Work, the Contractor shall clean the construction area, material sites, adjacent property and streets, and all ground occupied by the Contractor in connection with the Work of all rubbish, excess materials, form lumber, etc. All parts of the Work shall be left in a neat and presentable condition.

3.2 Final Building Clean-Up
On all building projects and wherever else applicable, besides general broom cleaning, the following special cleaning shall be performed at completion of the Work:
a. Putty stains and paint shall be removed from glass; glass shall be washed and polished, inside and outside. Care shall be exercised so as not to scratch glass. b. Marks, stains, fingerprints, and other soil and dirt shall be removed from painted, decorated, or stained work.
c. Waxed woodwork shall be cleaned and polished.
d. Hardware shall be cleaned and polished of all traces; this shall include removal of stains, dust, dirt, paints, and blemishes.
e. Spots, soil, paint, plaster, and concrete shall be removed from tile; tile work shall be washed afterwards.
f. Fixtures and equipment shall be cleaned, and stains, paint, dirt, and dust shall be removed.

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g. Temporary floor protections shall be removed; floors shall be cleaned, waxed, and buffed.
h. Dust, cobwebs, and traces of insects and dirt shall be removed.

4.0 PROJECT COMPLETION

4.1 Substantial Completion
Substantial Completion is the date upon which written acceptance by the Owner has occurred stating that the construction of facilities is sufficiently completed in accordance with the Contract Documents, such that specific facilities can be utilized for the purpose for which they are intended, and the Owner thereupon takes beneficial occupancy of each facility.

4.2 Final Completion
Final Completion is the date upon which written acceptance by the Owner has occurred stating that the Construction of all remaining Work as required by the Contract Documents, has been completed in accordance with the Contract Documents. The following items as they pertain to all remaining Work of the Project are included in the requirements which shall be completed prior to Final Completion being certified:
a. Removal and disposal of all non-salvageable materials, and clean-up of the project area. b. Correction of all work deficiencies and/or non-compliance items. The punch list for the entire Contract shall be resolved to the Owner's satisfaction prior to Final Completion. c. Written certification by the Contractor stating that all the above items have been accomplished and a request that the Owner accept the project as having attained "Final Completion.”
A. Submit following Closeout Submittals upon Substantial Completion or upon completion of the Work and at least 7 days prior to submitting Application for Final Payment:

1. Evidence of Compliance with Requirements of Governing Authorities.

2. Project Record Documents

3. Operation and Maintenance Manuals.

4. Warranties and Bonds.

5. Keys and Keying Schedule.

6. Evidence of Payment and Release of Liens and/or Stop Payment Notices as outlined in Conditions of the Contract.

7. Release of claims as outlined in Conditions of the Contract.

8. Survey Record Documents as specified in Section 01722.

9. Certificate of Final Completion.

4.3 PROJECT RECORD DOCUMENTS
A. Maintain at Project site, available to the City and Construction Manager, 1 copy of the Contract Documents, shop drawings, and other submittals in good order:

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1. Mark and record field changes and detailed information contained in submittals and change orders.

2. Record actual depths, horizontal and vertical location of underground pipes, duct banks, and other buried utilities. Reference dimensions to permanent surface features.

3. Identify specific details of pipe connections, location of existing buried features located during excavation, and the final locations of piping, equipment, electrical conduits, manholes, and pull boxes.

4. Identify location of spare conduits including beginning, ending, and routing through pull boxes and manholes. Record spare conductors, including number and size, within spare conduits and filled conduits.

5. Provide schedules, lists, layout drawings, and wiring diagrams.

6. Make annotations with erasable colored pencil conforming to the following color code:

Additions: Red
Deletions: Green
Comments Blue
Dimensions: Graphite
B. Maintain documents separate from those used for construction:

1. Label documents "RECORD DOCUMENTS."
C. Keep documents current:

1. Record required information at the time the material and equipment is installed and before permanently concealing.

D. Deliver record documents with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor.

E. During progress meetings, record documents will be reviewed to ascertain that changes have been recorded.

5.0 GUARANTEE
The Contractor shall guarantee that the equipment, materials and workmanship furnished under this Contract, including all work and materials provided by subcontractors or manufacturers of packaged equipment components, will be as specified and will be free from defects for a one-year guarantee period, starting from the date of Substantial Completion of the Work, unless a longer period of time is prescribed by law or required by special provisions elsewhere in the Contract Documents and except as otherwise noted herein. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. The Contractor also agrees to indemnify, defend, and hold the City harmless from liability of any kind arising from damage due to said defects. The Contractor shall execute and submit a completed Warranty Form prior to the Substantial Completion date or the final acceptance of the project or within five (5) days of the occupancy or use of a portion of the Work, whichever is applicable.

If a specific item (or items) of equipment or material cannot be utilized by the City at Substantial Completion because the Work is incomplete or defective, the guarantee for that item (or items) shall begin when the City is provided beneficial use. Beneficial use for any such items shall be provided prior to Final Completion.

In the event warranty work involves repair or replacement of parts, machine work, or any other work which affects the equipment or materials installed under this Contract, the Contractor's guarantee on such items EXHIBIT 2 497
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and work shall be extended for a period of one year from the date of installation of said replacement items, or the performance of said repair or replacement work.

Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects, failure or abnormalities which, in the judgment of the City, become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools and supplies required for correction of defects, failure or abnormalities shall be paid by the Contractor and its Surety. If, within ten (10) days, unless specified otherwise by the City, after the City gives the Contractor notice of a defect, failure, or abnormality of the Work, the Contractor neglects to make the necessary repair or adjustments, the City may make the repair or adjustments or order the Work to be done by a third party, with the cost of the Work to be paid by the Contractor and its Surety. In the event of an emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs or adjustments may be made by the City, without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor and its Surety.

The City and the Contractor agree that guarantee period on the parts of the work possessed and used by the City in accordance with Paragraph 00700-3.5, City's Right to Use or Occupy, shall commence on the date that the City takes possession of such work and so notifies the Contractor in writing. The City and Contractor further agree that such possession and use of the work shall not be deemed as Substantial Completion or acceptance of any other part of the Work.

Prior to the expiration of the guarantee period, the City reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds and maintenance requirements and determine required repair or replacement of defective items.

For the purpose of this Section, acceptance of the Work or a portion of the Work by the City, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. *** END OF SECTION ***
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TECHNICAL SPECIFICATIONS

SECTION I - CLEANING AND CCTV INSPECTIONS OF STORM LINE

GENERAL

1.1 SCOPE
A. Closed Circuit Television (CCTV) inspection is required for the following:
a. Document the existing condition of the host pipe.
b. Verify pipe diameter, length, grade and bends.
c. Ensure that the pipeline is properly cleaned prior to installing the liner.
d. Ensure proper liner installation.

B. Prior to each television inspection, all flow shall be stopped by turning off pumps upstream of the pipeline section to be cleaned and inspected. The line shall be thoroughly cleaned as required by these specifications.

C. This section is intended to provide the Contractor with general guidelines. It is the Contractor’s responsibility to supply all labor, materials, and equipment not specifically mentioned herein or noted on the Plans, but which are incidental and necessary to complete the specified work.

1.2 SUBMITTALS
A. Provide the following submittals:

1. Written documentation for arrangements of legal disposal of all liquids and materials removed from pipelines and siphon breakers during cleaning.

2. Weight tickets for hauling and disposing of hazardous material.

3. Submit description of cleaning equipment and methods.

4. Submit description of CCTV inspection equipment, sample CCTV inspection logs, and recordings (CD or DVD).

5. Provide to the Engineer pre-installation and post-installation video recording and suitable log for the storm line. All video inspection shall utilize CD, DVD, or external hard drive for documentation. Unedited video recordings and a suitable log of the inspection shall be provided to the Engineer five working days prior to lining (pre-installation) and within three working days after the liner installation (post-installation).

6. The CCTV video inspection and reporting shall be submitted in a NASSCO‐ PACP version format on POSM software. Any software substitution must be fully compatible with POSM. Substitute software must demonstrate flawless integration into POSM. All software will be tested for compatibility with COS/MUD systems prior to acceptance.

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7. Pre-installation inspection log: Submitted with each pre-installation video recording. The log shall identify the storm line by pipe numbers and drawing number. The log shall include:
a. The cleaning and inspection dates.
b. Location and alignment length.
c. Documentation and detailed description of defects.

8. Post-installation inspection log: Submitted with each post-installation video recording. The log shall identify the storm line by pipe numbers and plan sheet number. The log shall include:
a. The inspection dates.
b. Location and alignment length.
c. Defects in the liner, including, but not limited to, gouges, cracks, bumps, wrinkles, or bulges.

1.3 PREVIOUSINSPECTIONVIDEORECORDINGS
Video recording of the pipes to be lined are available for viewing. To view existing video, Contractor shall provide external hard drive to the City. Allow 3 working days for videos to be placed on hard drive. Contractor to pick up from City offices. The Owner makes no express or implied guarantee as to the accuracy or the completeness of the information contained on the video recordings. The Contractor must make their own judgment as to the condition of the pipes and the quantity of cleaning necessary and must not rely on the description provided on the video recordings. The video is from September 2019 and may not capture the current conditions of the pipe.

1.4 CCTVCAMERA
A. Shall be 360-degree radial view, color image camera capable of rotating to look directly up tee and wye connections.

B. Shall be intrinsically safe and shall be operative in 100 percent humid conditions.

C. Lighting intensity shall be remotely controlled and shall be adjusted to minimize reflective glare.

D. Lighting and camera quality shall provide a clear, in-focus picture of the entire inside periphery of the pipe.

1.5 CAMERA ACCESSORIES
A. Camera shall be mounted on a track such that the lens is located at the spring line of the pipe being televised.

B. Lighting equipment shall be properly sized for the pipe diameter being televised.

C. Recordings that are determined by the Engineer to be too dark shall be retelevised with better lighting.

1.6 RECORDING
A. High quality color CD or DVD.

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noise to provide complete intelligibility of oral report. The Contractor shall give oral commentary on pipeline location, pipe numbers, direction of inspection, and at all structural features including, but not limited to, defects, debris build-up, and all features as directed by the Engineer.

C. The footage counter shall be accurate to one foot for measurements of distance traveled by camera within the pipeline.

D. The camera advancement through the pipeline shall be at a speed that allows a clear picture of the pipeline and allows for thorough investigation of all structural features of the pipeline. The speed shall be adjusted based on direction from the Engineer.

1.7 CLEANING OF EXISTING HOST PIPE
Prior to conducting closed circuit television inspection, it shall be the responsibility of the Contractor to ensure the pumps are turned off upstream of the pipeline section to be cleaned and inspected to thoroughly clean the host pipe. The word ‘clean’ in this specification is defined as the removal of all accumulations including sludge, dirt, sand, rocks, asphalt, concrete, grease, roots.

A. It will be the Contractor’s responsibility to make as many cleaning passes as necessary to meet the above definition of “clean”. Acceptance of the cleaning, as determined by the Engineer, shall be based upon the subsequent video inspection of the pipe and the lining manufacturer’s cleaning requirements.

B. Contractor shall assume that pipe is approximately 5% full of debris.

C. Tree and plant roots shall be removed from within the p i p e s . Special attention should be used during the cleaning operation to assure removal of roots from the joints and laterals. Procedures may include the use of mechanical equipment such as rodding machines, root cutters, porcupines, and high-velocity jet cleaners.

D. Water Usage: The Contractor may use fire hydrants with temporary meters obtained from the City of Stockton, County of San Joaquin, or California Water Service Company.

E. Cleaning Equipment: Storm line cleaning shall be performed with high-velocity jet equipment. When using a high-velocity jet machine, it shall not remain stationary while cleaning the line. Selection of equipment shall be based on field condition such as access to pipes and siphon breaker, quantity of debris, quality of pipe, size of line, and proposed pipe lining activities. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the line and siphon breakers. During cleaning operations, precautions shall be taken by the Contractor in the use of cleaning equipment to avoid any damage to the pipe.

F. Contractor shall have its own hydro-vacuum truck to remove all debris and spoils.

City will not supply any equipment, materials or labor for the execution of the work or intent of the project. However, Contractor will be allowed to dispose of all debris and spoils generated during cleaning activities at the City of Stockton Regional Wastewater Control Facility located at 2500 Navy Drive, Stockton, CA.

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G. Removal and Disposal of Material:

1. Sludge, dirt, sand, rocks, grease, and other solids or semi-solid material resulting from the cleaning operation shall be removed at the downstream of the section being cleaned. Passing materials to the 14 Mile Slough is not permitted.

2. Trucks hauling solids or semi-solids from the site shall be watertight so that no leakage or spillage will occur. Under no circumstances shall solids or semi-solids be dumped onto the ground surface, streets, in the sewer system, catch basins, or within storm drains.

3. Material removed from the pipes during the cleaning operation shall be disposed of legally by the Contractor at the Stockton Regional Wastewater Control Facility. All debris and containers shall be removed from the right-of- way at the end of each workday. If testing determines that the material is hazardous as specified by the California Department of Toxics and Substance Control, the material shall be legally hauled and disposed of at a hazardous waste landfill.

4. It is the Contractor’s responsibility to determine the quantity of debris and solids to be removed during cleaning. However, Contractor shall anticipate that lines are approximately 25% full of debris. Video recordings of a previous inspection will be made available for the Contractor to examine. The tapes are for information only and the Owner does not guarantee the accuracy of the information provided.

1.8 CCTV INSPECTION OF PRE AND POST-INSTALLATION
A. Perform television inspection immediately after cleaning of the host and lined pipe to document the condition of the host pipe or liner, to provide quality assurance of the liner installation, and to verify the lines were cleaned. Inspect the lines by using a 360-degree radial view color image camera.

B. Video inspection shall be done on one pipe section at a time. CCTV inspection shall be performed when there is no flow.

C. Corresponding pumps for the pipes to be CIPP must be turned off.

D. The Contractor shall be responsible for cleanup, repair and property damage costs and claims should the Contractor’s operation cause any backups or overflows. The Contractor shall also reimburse the Owner the full cost of any and all fines the Owner is required to pay as a result of a backup or overflow.

E. Should the camera get stuck in the pipe, the Contractor shall be responsible for all costs in extracting it. Costs related to difficulties encountered during internal video inspection are incidental to the contract, and claims will not be considered.

F. Inspection shall be performed in the presence of the Engineer by experienced personnel trained in locating breaks, obstacles, and defects by closed circuit television.

G. Note the locations of obstructions which may prevent proper installation of the pipe liner into the pipelines.

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SECTION II - STORM DISCHARGE PIPE REHABILITATION USING CURED-IN-PLACE PIPE METHOD

GENERAL

2.1 SCOPE
A. Rehabilitate existing pipe by inserting a resin-impregnated flexible tube through the host pipe, inflating it to the inside diameter of the host pipe using low-head hydrostatic or air pressure, and curing the tube using heated water or steam.

B. This section provides general guidelines. Nothing contained herein shall relieve the Contractor from completing the CIPP pipe rehabilitation in the most feasible, efficient, highest quality, and safe manner as required by these specifications.

C. Contractor shall supply all labor, materials, equipment and apparatus not specifically mentioned herewith or noted on the Plans, but which are incidental and necessary to complete the specified work.

2.2 EXPERIENCE REQUIREMENTS
A. CIPPManufacturer:

1. Minimum of 25,000 linear feet of CIPP installed in the U.S.

B. Installation Contractor:

1. A minimum of five (5) years of active experience in the commercial installation of CIPP.

2. Minimum of three successfully completed projects totaling at least 15,000 linear feet of CIPP installation.

3. Each of the referenced lining projects shall have been in service in the owner’s system for at least one year.

4. Referenced project experience must be specific experience of the Installation Contractor. The prior experience of individuals within the organization that was gained through employment with other companies will not be accepted.

5. Licensed bymanufacturer.

C. FieldSuperintendent:

1. Shall supervise all pipe rehabilitation operations.

2. Cured-in-place pipe supervisory field experience on a minimum of three successfullycompletedprojects.

3. Qualifying experience for the three reference projects submitted shall include:
a. Length: At least 10,000 linear feet CIPP total length. b. Flow Control: At least one year of flow control supervisory field experience.
c. Tenure with Installation Contractor: Minimum of one year.

D. Installation Crew:

1. At least three persons from the CIPP installation crew shall have a minimum of two years of CIPP experience, have at least one year of tenure with bidding Contractor, and be on the project site at all times.

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E. BoilerTechnician:

1. Provide the name and information for the boiler technician who will perform the actual work.

2. Shall be certified and approved as operators by the rehabilitation system manufacturer or an independent testing agency.

F. The final decision to accept or reject the product, manufacturer, and/or installer lies solely with the Owner. The named Manufacturer, Field Superintendent, CIPP Installer, and Boiler Technician must be utilized to perform the work under this project, unless changes are specifically authorized by the Owner.

2.3 SUBMITTALS
Contractor shall submit the following:

A. Experience:

1. Submit documentation demonstrating compliance with specified experience requirements as detailed in this Section.

B. Product Data:

1. Information on CIPP materials, including lining material, resins, and enhancers.

2. CIPP Manufacturer’s recommended storage procedures, resin application, curing process details and cure schedules (including heat up, hold and cool down cycles and temperature control for pipe diameter and CIPP thickness).

3. Continuous temperature sensor and monitoring equipment including manufacturer’s recommended instructions for installation and use.

4. Upon approval of the City, the manufacturer’s recommendations shall become the basis for acceptance or rejection of actual methods of installation used in the work.

C. ConstructionDetails:

1. Trimming and finishing at siphon breakers.

2. Safety systems associated with the proposed heating equipment and boiler management operational safety systems for use with the cure process.

3. Methods, materials, equipment, and procedures employed to seal annular space between the CIPP and the host pipe at siphon breakers.

D. Engineering calculations for the design of the liner thickness. Design calculations shall be checked and approved by a Registered Civil Engineer in the State of California. Liner design calculations shall be supported by field analysis, technical assumptions, requirements of these Specifications and ASTM F1216.

E. During the curing process, keep logs, charts and/or graphs of the liner temperatures at the specified locations to ensure that proper temperatures and cure times have been achieved.

F. Certifications and Testing:

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1. Certification from the CIPP manufacturer that the resin/catalyst and tube material complies with the required application meets the intended service condition and complies with the physical requirements.

2. Literature and background information on the independent third-party testing laboratory proposed for testing the physical properties of the installed pipe.

3. Manufacturer’s certification that lining material is manufactured, sampled, tested and inspected in accordance with ASTM F1216 and F1743.

Include the manufacturing date of the lining materials in the certification.

4. Verification of product conformance by third party testing for the chemical resistance and physical testing requirements along with a report of test results.

G. For the diameter and thickness to be installed on the project, provide volume of resin required per unit length (gal/foot or liters/meter) to fill the volume of air voids in the tube plus the additional allowance for polymerization shrinkage and to meet the finished liner strength requirements.

H. After impregnation of the tube for installation, submit a process record that verifies that the resin impregnation yield matches the required quantity for the diameter and thickness.

I. Written notification of any crew changes. Notification shall be a minimum of one week prior to date of actual change.

2.4 WARRANTY
A. Contractor shall provide a warranty to be in force and effect for a period of one year from the date of written final acceptance.

B. The warranty shall require the repair or replacement of the liner due to failure resulting from faulty materials or installation as deemed necessary by the Owner.

C. All required work incidental or required as part of the repair or replacement shall be provided by the Contractor at no additional cost to the Owner.

2.5 PRODUCTS
A. Materials provided and process variables used in the CIPP installation process are the responsibility of the Contractor.

B. Materials, installation procedures and the final product shall equal or exceed the requirements of ASTM F1216 and F1743.

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2.6 COMPONENT PROPERTIES
A. Liner Tube:

1. One or more layers of flexible needle felt or an equivalent woven and/or non-woven material capable of carrying resin, withstanding installation pressures and curing temperatures, compatible with the resin system used, and having markings to determine elongated length during liner installation.

B. Resin:

1. Compatibility withApplication:
a. Liquid thermosetting resin that is compatible with the CIPP rehabilitation process used and designed for a s t o r m d r a i n .

2. Type:
a. Polyester, vinyl ester, or epoxy meeting the service conditions specified for the tube system and the applicable sections of ASTM F1216 and F1743.

3. ResinCharacteristics:
a. Sufficiently thixotropic to obtain non-draining characteristics when impregnated into the fiber fabric.

C. Catalyst:

1. Compatible with the resin and other materials to be utilized in the rehabilitationprocess.

2. Select quantity and type of catalyst based on the curing conditions and recommendations of the resin manufacturer.

D. Continuous Temperature Monitoring and Collection:

1. Equipment shall provide discrete temperature readings at maximum 2-foot intervals for entire length of CIPP segment. Approved systems include Zia Systems and VeriCure.

2.7 FINISHED AND CURED LINER PROPERTIES
A. DesignParameters

1. The liner material and thickness shall be calculated and designed for use in force main storm discharge and must be in strict conformance with applicable sections of ASTM F1216, F1743 and D5813.

B. The design shall be based on the following pipe conditions, service requirements and physical conditions:

1. Deterioration design parameter: Fully Deteriorated.

2. Assume groundwater is two feet above the pipe crown.

3. All pipes subject to soil load of 130 lb/cu.ft. and H-20 live load.

4. Ovality of host pipe is 2 percent.

5. Factor of safety (N) is 2.

6. Modulus of passive soil reaction is 1,700 psi.

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7. System Pressure is below 10 psi.

8. External Buckling Design – Acceptable third-party testing and verification of the design analysis techniques (ASTM F1216, Section X1.2.2).

9. A minimum service life of 50 years.

C. The liner shall be homogeneous throughout free of cracks, kinking, flattening, holes, foreign materials, blisters, deleterious faults, or other injurious defects. The physical properties of the cured liner shall meet the minimum chemical resistance requirements of ASTM F1216 and F1743 and shall conform to the minimum structural standards listed in the following table:

D. LinerColor:

1. The inner wall shall be white, light blue, light green, light red (vitrified clay color), or natural.

2. Yellow, black, and light purple are not acceptable.

StructuralProperty ASTM
Standard
Minimum Value
Polyester Resin Vinyl ester or Epoxy Resin
WallThickness D2122 As calculated, but in no
case less than 9mm
As calculated, but in no
case less than 9mm
FlexuralStrength D790 4,500 psi 5,000 psi
Flexural Mod. of Elasticity
(short term) D790 400,000 psi 400,000 psi
Flexural Mod. of Elasticity
(long term) D790
200,000 psi, but not
less than 50% of shortterm flexural modulus
of elasticity
150,000 psi, but not less
than 50% of short-term
flexural modulus of
elasticity
TensileStrength D638 3,000 psi 4,000 psi
E. Liner Tube Sizing:

1. Outside diameter of the liner tube being inserted shall be properly sized to allow for expansion so that the CIPP liner can fit tightly against the host pipe.

2. Shall be properly sized to the length to be rehabilitated and be able to stretch to fit irregular pipe sections and negotiate bends and curves with the minimum tube length necessary to effectively span the designated run.

3. Contractor shall verify the lengths of the pipelines to be rehabilitated in the field prior to impregnation of the tube with resin, to ensure that the tube will have sufficient length to extend the entire length of the run.

4. Contractor shall measure the inside diameter of the existing pipelines in the field so that the liner can be installed in a tight-fitted condition.

2.8 LINER PIPE STORAGE AND HANDLING
A. Properly store and handle liner to prevent damage in accordance with the manufacturer’s recommendations and as approved by the Engineer.

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B. Damage includes, but is not limited to, gouging, abrasion, flattening, cutting, puncturing, or ultra-violet (UV) degradation.

C. Promptly remove damaged materials and pipe rejected by the Engineer from the project site at no additional cost to Owner and disposed of in accordance with current applicableregulations.

2.9 PREPARATORYWORK
A. Ensure corresponding pumps for the CIPP pipes must be turned off.

B. Thoroughly clean the host pipe as required by these specifications.

C. Diameter and Length Verification: Verify internal diameter and length of existing pipe prior to sizing and ordering liner.

D. Preliminary CCTV Inspection of Storm Lines:

1. Perform internal CCTV inspection after cleaning of the line to document the condition of the host pipe, and verify the line was cleaned in accordance with the liner manufacturer’s requirements.

2.10 WET-OUTPROCEDURE
A. Utilize the resin and catalyst in sufficient quantities to ensure complete impregnation of the liner and provide the properties specified in this Section.

B. The fiber-felt liner tube shall be fully impregnated with resin by vacuum or other means prior to installation. The resin and catalyst systems that are compatible with the requirements of the method shall be used. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowance for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall.

C. If resin impregnation/wet-out is to take place off-site, provide the Owner with 48 hours’ notice for the scheduled wet-out. The Owner reserves the right to check, verify or inspect all phases of production and testing of materials, from manufacturing, shipping, wet-out, installation, and cure, to finished product.

2.11 FINALCLEANINGAND INSPECTIONS
A. The existing host pipe shall be cleaned again just prior to insertion of the liner.

B. A maximum of one hour may elapse between this final cleaning pass and the insertion of the liner.

C. After the cleaning is complete, a final camera pass shall be made to verify the cleanliness of the line.

D. Pipe invert shall be cleared of any standing water and continuously visible during the inspection
E. Prior to insertion of the liner, the storm line must be accepted as ‘clean’ as defined in Section I of these specifications and/or by the Inspector.

F. This final inspection does not need to be recorded but the Inspector must be present in the TV truck during the inspection to verify the cleanliness of the line.

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2.12 LINERINSTALLATION
A. Continuous temperature monitoring sensors shall be placed between the host pipe and the liner in the bottom of the host pipe (invert) throughout the reach to record the heating and cooling that takes place on the outside of the liner during processing.

B. Install the liner tube through the existing pipe opening.

C. Transport the impregnated liner tube to the site and store in such a manner that it will not be damaged, exposed to heat and/or direct sunlight, or result in any public safety hazard. Materials shall be subject to inspection and review prior to installation. The impregnated liner tube must be installed prior to exceeding the resin pot life.

D. The installed pipe liner shall be in strict accordance with the liner manufacturer’s instructions and recommendations. The liner shall be inserted through an existing pipe opening or other access approved by the City, by means of the installation process and the application of hydrostatic head, compressed air, or other means sufficient to fully expand and extend the liner to the termination point. The liner shall be installed at a rate not to exceed that needed to remove water from the line during installation process.

E. Contractor may obtain water from the City of Stockton.

2.13 CURING
A. Heating Source and Distribution Equipment:

1. After liner placement is completed.

2. Provide suitable heat source and distribution equipment to distribute or recirculate hot water or stream throughout the pipe.

3. The equipment shall be capable of delivering hot water or other heating methods throughout the section to uniformly raise the temperature above
the temperature required to cure the resin.

4. This temperature shall be determined by the manufacturer based upon the resin/catalyst system employed.

5. The curing of the CIPP must take into account the existing pipe material, the resin system, and ground conditions (temperature, moisture level, and
thermal conductivity of the soil).

6. The heat source piping shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing water, steam, or air supply.

7. Continuous temperature monitoring sensors shall be placed along the invert for the full segment.

8. Another such gauge shall be placed between the impregnated tube and the pipe invert at a minimum of five feet from the termination to determine the temperature during cure.

9. Water temperature during the cure period shall meet the requirements of the resin manufacturer as measured at the heat source inflow and outflow return lines.

10. Provide standby equipment to maintain supply of the heat source.

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B. Cure Period

1. Shall be of duration recommended by the resin manufacturer during which time the recirculation of the water to maintain the temperature continuously takes place.

2. The initiation temperature for cure shall be as recommended by the resin manufacturer.

3. Temperature monitoring devices shall be installed at all exposed portions of the pipe (beginning and end of run) and continuously along the invert run of installed liner between the host pipe and the CIPP liner.

2.14 COOLDOWN
A. After the tube is cured, allow a cool-down period prior to opening the downstream plug and returning normal flow back into the system.

B. The CIPP shall be cooled to a temperature below 100 degrees Fahrenheit, or to a temperature as required by the Owner or as specified on the discharge permit before relieving the head in the inversion pipe.

C. Cool-down may be accomplished by the introduction of cool water into the CIPP.

D. Care shall be taken in the release of the static head so that a vacuum will not develop that could damage the newly installed liner.

2.15 SAMPLINGANDLABORATORYTESTING
A. The physical properties of the installed CIPP:

1. Shall be verified through field sampling and laboratory testing.

2. Materials testing shall be performed at the Contractor’s expense and by an independent third-party laboratory recommended by the manufacturer and pre-approved by the Owner.

3. Testing shall be in accordance with applicable ASTM test methods to confirm compliance with the requirements for minimum wall thickness, flexural strength, and short-term flexural modulus of elasticity specified in thisSection.

B. Testing short term properties of the CIPPliner material from the actual installed liner:

1. Certified results.

2. Tests shall be conducted at a minimum of one location.

3. At discharge end.

4. Sample:
a. Cut from a section of cured CIPP that has been inverted through a like diameter pipe which has been held in place by a suitable heat sink, such as sandbags.
b. The sample may be fabricated from material taken from the tube and the resin system used and cured in a clamped mold placed in the downtube.

C. If required by the City, remove a sample from the pipe to be used to check the liner thickness, by core drilling 2-inch diameter test plugs at locations specified by the Engineer.

EXHIBIT 2 510
Technical Specifications

Page 13 of 15 ends

D. The laboratory results shall identify the test sample location as referenced to the station. Final payment for the project shall be withheld pending receipt and approval of the test results. If properties tested do not meet minimum requirements, the CIPP shall be removed and replaced at no additional cost to the Owner.

2.16 FINISHED PIPE LINER
A. Finished Liner:

1. Shall be inner polyethylene layer and an outer polyester felt layer impregnated with a thermosetting resin to fit tightly against the existing inside pipe wall.

2. Shall be fabricated from materials that, when cured, shall be chemically resistant to withstand internal exposure to storm drain.

3. Shall be continuous over the length of pipe reconstructed.

4. Shall be free from dry spots, delamination, and lifts, remove and replace the CIPP if these conditions are present.

5. The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work.

B. InteriorSurface:

1. Smooth interior surface that is considered wrinkle free.

2. No circumferential wrinkles, wrinkles greater than one-quarter inch in height, or wrinkles pointing against flow direction shall be allowed.

3. If wrinkles are detected in the installed liner, the Contractor shall provide photographs and dimensions of the wrinkle including height and direction.

4. The City will determine if replacement or repair of CIPP liner is required.

C. Liner Terminations at end ofdischargepipes:

1. The beginning and end of the CIPP shall be cut flush at the inlet and outlet points.

2. The ends shall be permanently sealed to the rehabilitated pipeline to prevent any infiltration between the CIPP and the host pipe.

3. Ends shall be sealed with a resin mixture that is recommended by the linermanufacturer.

D. Sealing:

1. Shall be compatible with the liner/resin system, provide a watertight seal and is approved by the Engineer prior to start of construction.

2. Hydraulic cements and quick-set cement products are not acceptable.

3. Sealing shall be performed at no additional cost to the Owner.

E. Defective Liner Assessment and Repair Guidelines:

1. Liners that do not meet the quality specified above shall be assessed by the City based on the guidelines shown in Table below:

2. Engineer’s assessment and remedy shall be final. Repairs shall EXHIBIT 2 511
Technical Specifications

Page 14 of 15 ends

be performed by the Contractor at no additional cost.

3. Repairs shall meet the original specifications for finished liner.

Defect Tolerance Remedy
Wrinkles, Fins, or Folds along top of
pipe (from 9 to 3 clock position)
Repair if exceeding 5% of
nominal diameter of host
pipe
Trim to within 1/2” of liner
wall
Wrinkles, Fins, or Folds along
bottom of pipe (from 3 to 9 clock
position)
Repair if exceeding 3% of
nominal diameter of host
pipe
Trim to within 1/2” of liner
wall
Bubbles, Blisters, Dimples, Lumps,
Lifts, or Foreign Inclusions along top
of pipe (from 9 to 3 clock position).

Measurements shall be based on
average circular diameter of liner.

Repair if exceeding 5% of
nominal diameter of host
pipe
Remove and patch with
epoxy
Bubbles, Blisters, Dimples, Lumps,
Lifts, or Foreign Inclusions along
bottom of pipe (from 3 to 9 clock
position). Measurements shall be
based on average circular diameter of
liner.

Repair if exceeding 3% of
nominal diameter of host
pipe
Remove and patch with
epoxy
Cracked, Delaminated, Dry Spots,
Burst, Collapsed, or Unraveled
Repair all Remove and patch with
epoxy

2.17 QUALITYCONTROL
A. The Contractor shall clean and perform a closed-circuit television inspection after installation of the CIPP liner.

B. Contractor shall perform an exfiltration test on the liner.

C. Exfiltration test:

1. Plug the upstream end using appropriately sized 90-degree elbow fittings, plastic standpipe and flexible watertight couplings.

2. The standpipe shall be temporarily secured and shall extend up to or above the levee elevation.

3. After the CIPP has cooled down to ambient temperature, fill the standpipe and liner with water so that a head of 10 feet or 2 feet above ground
surface, whichever is greater, is achieved at the lowest point in the segment being tested.

4. The filled carrier pipe shall be allowed to stand for a 1-hour test period after air has been expelled from pipe.

5. The allowable water exfiltration for any length of pipe between termination points shall not exceed 50 U.S. gallons per inch of internal pipe diameter per mile per day.

6. If the lined pipe segment does not meet the requirements of the exfiltration test, repair or replace and retest the lined pipe segment so that it meets the requirements at no additional cost to the Owner.

EXHIBIT 2 512
Technical Specifications

Page 15 of 15 ends

SECTION III – END SEALS

GENERAL

3.1 SCOPE
A. Install end seal at the upstream end of the pipes.

3.2 SUBMITTALS
Contractor shall submit the following:

A. Experience:

1. Submit documentation demonstrating previous experience with installing end seals.

B. Product Data:

1. Information on end seal materials.

2. Manufacturer’s recommended storage procedures.

3. Upon approval of the City, the manufacturer’s recommendations shall become the basis for acceptance or rejection of actual methods of installation used in the work.

C. ConstructionDetails:

1. Trimming and finishing of CIPP liner at the installation area.

2. Methods, materials, equipment, and procedures employed to install end seals

3.3 WARRANTY
A. Contractor shall provide a warranty to be in force and effect for a period of one year from the date of written final acceptance.

B. The warranty shall require the repair or replacement of the end seals due to failure resulting from faulty materials or installation as deemed necessary by the Owner.

C. All required work incidental or required as part of the repair or replacement shall be provided by the Contractor at no additional cost to the Owner.

3.4 PRODUCTS
A. Approved: WEKO-Seal Internal Joint Sealing, NPC CIPP End Seal, or HydraTite Internal Joint Seal or approved equal.

B. The width shall be standard size.

EXHIBIT 2 513
1 BROOKSIDE FSTATFS NORTH ARFA STORM DRAIN PUMPING STATION RECLAMATION DISTRICT 207 4, CITY OF STOCKTON, CALIFORNIA SIEGFRIED ENGINEERING, INC. ABBREVIATIONS:

A.C. ASPHALT CONCRETE
B.C. BEGINNING Of CURVE
C.B. CATCHBASIN
(TYPE 1, DWG. NO. 79, UNLESS NOTED)
C.G.&:S.W. CURB, GUTTER &: SIDEWALK
c.o.s. CITY Of STOCKTON
CONC. CONCRETE

D STORM DRAIN
DWG. NO. C.O.S. STANDARD, DRAWING NUMBER
E.C. END Of CURVE
f.O.C. FACE Of CURB
fl fLOWLINE
G.I. GALVANIZED IRON
LT.S. LIME TREATED SUB-BASE
M.H. MAJNTENANCE HOLE
M.S.L. MEAN SEA LEVEL
N.T.S. NOT TO SCALE
O.C.E.W. ON CENTER EACH WAY
LEGEND:
---W--- WATER
---s---
---D---

SANITARY SEWER

STORM ORAN
O.D.
p
P.C.

P.T.

PVC
R
R.C.P.

R/W
s
SDMH
SSMH
STL.

T&:B
T.I.

T.O.C.

W.W.f.

OUTSIDE DIAMETER

PAVEMENT
POINT Of CURVATURE
POINT Of TANGENCY

PROPERTY LINE
POL 't\/\NYL CHLORIDE
RADIUS

REINFORCED CONCRETE PIPE
RIGHT-Of -WAY

SANITARY SEWER

STORM (TYP DRAIN MAJNTENANCE HOLE
E 2, OWG. NO. 56, UNL£SS O™ERWISE NOTED)

SANITARY SEWER MAINTENANCE HOLE
(TYPE 1, DWG. NO. 55. UNL£SS OTI-fERWtSE NOTED)
STEEL
TOP &: BOTTOM

TRAFFIC INDEX
TOP Of CURB

WELDED WIRE FABRIC
---0-- M.H., DWG. 56, UNLESS OTHERWISE NOTED

PAVEMENT ELEVATION
z I TOP Of CURB ELEVATION
CURB, GUTTER &: SIDEWALK
P'.ZZZZZZJ PAVEMENT
- -D., S. OR W. -- EXISTING STORM ORAN (D), SANITARY SEWER (S}, WATER (W) ... .; ..

DETAIL NO.

SHEET NO.

PROPOSED LOT PAO ELEVATION
euo<LEY 00\,£

CIVIL ENGINEERS

STOCKTON, CALIFORNIA
JUNE, 1996
r ;fl"
� i=ff--✓ �
,,. ..
. f"-"',,� .I

VICINITY MAP -
N.T.S.

REVISIONS
Sl£ET NO.

C·I
C·/l
0-3
C-4
C-IS
C-0
SI
Sil
S3
64 SIS
CP-1
El
Ell
ES
E4
10 REVIEWED
SHEET INDEX:

DESCRIPTION
VICHTY MAP, 1.EOEM1. SHEET HlEX I - NOTES
SITE PUN PROFI.EPUN
DETA.1. SHEET
DETA.I. SHEET SJJIIPUN SJJII WALL IEH'ORCHJ SJJII CROSS SECTION SJJIIDETA.1.S satPDETA.1.S CAn«XJIC PROTECTION DETA.1.8 a.ECTAICAL SITE PUN CONTROi. llt.8aEII DtAORAMS
SYSl'BI DtAORAMS
MCC LAYOUT AND TH& LIE DtAQIWI
ACCEPTABLE TO · �

BROOKSIDE ESTATES
NORTH AREA STORM DRAIN•

PUMPING STATION
VICINllY MAP, LEGEND, SHEET INDEX
AND ABBREVIATIONS ,C.,,,d iP �c IPAL UTILITIES/EM DCPARTMCNT OF PuBIJC WORKS OTY OF STOCKTON, CAL.f"ORHIA
EXHIBIT 2 514
-==-=-NOTES:

1. THE C0NTRACTOR SHALL FURNISH AU. LABOR, t.tATERW..S, AND E0UtPMENT NECESSARY TO CONSTRUCT A F\JU.Y OPERATIONAL STORM DfWNACE PUMP STATlON AS DESCRIBED .. ACCOROAHCE TliE Pl.ANS ANO SPEClflCATIONS. AU. IMPROVEMEHTS SHALL BE CONSTRUCTED IN STRICT wmt THE cm' OF STOCKTON STANDARD SPECIFlCATIONS ANO PLANS, 1995 EDITION, ANO AU. AMENDMENTS THER€TO TO-OAT£. AU. WORK SHALL BE UNDER TH[ INSPECTION Of THE CITY Of STOCKTON DEPARTMENT Of PUBLIC WORKS.

2. El£VAT10NS ARE REFERRED TO NGYD 29. BENCH WARK IS AS SHOWN ON SHEET C- J.

3. DAAWING NUMBERS SHOWN ON THE Pl,t.NS REFER TO CJTY Of STOCKTON STAN� PlANS. 4, THE CONTRACTOR SHAU 8£ RESPONSIBLE FOR PROTECTING fROM DAMAGE AU. EXISTING IMPROVEMENTS CONTRACTOR SH,t,LL BE: THAT ARE REPt.ACEO TO REMAIN. SUCH IMPROVEMENT'S THAT ARE CW.W.EO BY THE AT HIS EXPENSE.

5. CONTRACTOR SHAU. OEMOUSH, EXCAVATE, REMOVE ANO OtSPOSE Of' AU. EXISTING CONCRETE CURB, GUTTER OR SID£WALI(, ASPHALT CONCRm PAVING, ANO 0El.£TERIOUS MA.TERW.. AS REQUIRED TO CONSTRUCT THE CONTRACT WORK. AU.

SUCH EXCESS MATERIAL GENERA.TED SHAU. BE DISPOSED OF FROM THE SITE BY THE CONTRACTOR. THIS WORK SHALL BE INCLUOED IN THE LUMP SUM Cl£ARING COSTS.

6. EXCAVATION Of 5 FEET OR WORE IN DEPTH WIU REQUIRE AN EXCAVATION PERMIT FROM THE STATE Of CALIFORNIA DEPARTMENT Of" INDUSTRIAL SAFETY. FOR TR£NCHES 5 F'EET OR t.lORE IN DEPTH, THE CONTRACTOR SHAU. COMPLY wrm SECTION 5-1.02A Of THE CAL.TRANS STANDARDS. CHAPTER 9 OR THE STATE OF CAUFORN� LABOR COOE, ANO Nff Loc-.t... C00ES OR ORDINANCES.
7, CONTRACTOR 51-W..L OBTAIN AN ENCROACHMENT PERMfT FOR AH'f WORK DON£ WITHIN THE cnv RIGHT-Of-WAY FROM THE CITY Of STOCKTON PUBUC WORl(S DEPARTMENT, ANO NOTIFY THE CITY 24 HOURS IN l>IYvANCE Of STARTING N('( WORK REQUIRED IN THE Pl.NIS.

8. PRIOR TO START Of CONSTRUCTION THE CONTRACTOR SHAU. CONTACT GREGG HOl.LADAY AT THE CITY Of STOCKTON AT (209) 937-8279 fOR A PRE-CONSTRUCTION MEETING.

A MINIMUM Of 48 HOURS NOTICE MUST BE GIVEN fOR TH£ PRE-CONSTRUCTION �-

9. PRIOR TO COMMENCING ANY WORI<, IT SHAU.. SE THE CONTRACTOR'S RESPONSIBILITY TO CONTRACTOR HAVE EACH UTlUTY COMPANY LOCATE IN THE FlELD THEIR WJN SERVICE LINES. THE SHAU. NOTIFY MEMBERS Of THE UNDERGROUND SERVICE ALERT (U.S.A.} 48 HOURS IN ADVANCE Of PERFORMING EXCAVAllON WORK BY CALLING THE TOLL-FREE NUM8£R (800-642-2,M-4),

10. THE CONTRACTOR SHAU CHECI( WITH THE UTILllY COMPANIES ANO VERIF'Y AU. UTILITY LOCATIONS. rT SHALL BE CONTRACTOR'S SOLE RESPONSIBILITY TO PROTECT AU. EXISTIHG UTILITIES SO THA.T NO DAMAGE RESULTS TO THEM DURING THE PERFORMANCE Of HIS CONTRACT. THE CONTRACTOR SHALL BE REQUIRED TO COOPERATE WITH OTliER SERVICES CONTRACTORS ANO UTIUTY COMPANIES INSTALL.ING NEW STRUCTURES, lnlLITIES ANO TO THE DEVELOPMENT.

11. WHENEVER PAVEMENT IS BROKEN OR CUT IN THE INSTAUATION Of TliE WORK COVERED BY THESE PLANS ANO SPEClflCATIONS, THE PAVEMENT SHAU. BE REPLACED WITH PAVEMENT MATERIALS EOUAL TO OR BETTER mA.N THE MATERIALS USED IN THE ORIGINAL PAVING.

THE FINISHED PAVEMENT SHALL BE SUBJECT TO THE APPROVH... Of THE CITY'S INSPECTOR.

12. PAYMENT F"OR PAVEMENT WILL BE MADE FOR THE AREAS SHOWN ON THE Pl..t.HS.

REPIJGEMENT OF PAVEMENT WHICH IS BROKEN OR Cln IN THE INSTAU.ATION Of' THE IMPROVEMENTS COVERED BY THESE Pl.ANS AHO SPECIFICATIONS, AND WHICH UES OUTSIDE OF SAID AREAS, SHAU BE INCLUDED IN THE CONTRACTOR'S UNrT PRICE FOR PAVEWENT, AHO NO AOOITIOt-W. PAYMENT SHAU.. BE WADE FOR SUCH WORK.

13. THE CONTRACTOR SHALL EXPOSE EXISTING STORM DRAINS, SANITARY SEWERS ANO WATER LINES WHERE CONNECTION IS TO 8£ MADE SO THAT HE CAN VERlfY EXISTING FtOWUNES ANO LOCATIONS BEFORE THE START OF CONSTRUCTION.

14. CONTRACTOR AGREES THAT HE SHAU. ASSUME SOL£ ANO COMPLETE RESPONSIBILITY FOR SAFETY JOBSITE CONDITIONS DURING THE COURSE Of CONSTRUCTION Of THIS PROJECT. INCLUDING OF AU. P£RSONS AND PROPERTY, THAT THIS REQUIREMENT SHAU. APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, ANO THAT Tli£ CONTRACTOR SHAU. DEFEND, INOEMNIF'Y AND HOlD THE OWNER AND THE ENGINEER HARML£SS FROM ANY ANO ALL UABIUTY. REAL OR AU..EGEO, IN CONNECTION WITH THE PERFORMANCE Of WORK OH THIS PROJECT. EXCEPTING FOR l.lABIUTY ARISING FROM THE SOL[ NEGLIGENCE Of THE OWNER OR THE ENGINEER.

15. EXISTING UTlUTIES ARE SHOWN AS THEY ARE BELIEVED TO EXIST. THE OWNER AND THE ENGINEER 00 NOT ACCEPT RESPONSIBILITY FOR THEIR N:.CUR>C'f. PRIOR TO COMMENCING AH( WORI(, THE CONTRACTOR SI-W.l HAVE EACH UTILITY COMPANY ACCURATELY LOCATE IN THE FIELD THEtR MAINS ANO SERVICE LINES. rT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROTECT AU. EXISTING UTILITIES, SO THAT NO DAM,t,GE RESl.N..TS TO THEM DURING THE PERFORMANCE Of HIS CONTRACT.

16. ATTENTION IS CAU.EO TO: SECTION 1540 (A) (1) Of THE CONSTRUCTlON SAFETY ORDERS (TITLE 8 CALIFORNIA AOMIN1STRATION COO£ SECTION 1540), ISSUED BY THE OCCUPATIONAi.. SAfETY AND HEALTH STANDARDS BOARD PURSUANT TO TME CAUFORNIA OCCUPATIONAL SAFETY AND HEALTH ACr Of 1973, AS AMENDED, WHICH STATES:
•PRIOR TO OPENING AN EXCAVATION, EFFORT SHALL Bf MADE TO DETERMINE WHETHER UNDERGROUND INSTALLATION I.E .• SEWER, WATER. FUEL. ELECTRIC UNES, ETC., WILL BE ENCOUNTERED ANO, If SO, WHERE SUCH UNDERGROUND INSTAUATIONS ARE LOCATED. WHEN THE EXCAVATION APPROACHES THE APPROXIMATE LOCATION Of SUCH AN INSTALLATION, THE EXACT LOCATION 5HAlJ..

BE DETERMINED BY CAREFUL PROBING OR HANO DIGGING AHO WHEN IT IS UNCOVERED, A0£0UATE PROTECTION SHAU. BE PRQ\110£0 FOR THE EXISTING INSTALlATION. AU. KNOWN OWNERS or UNDERGROUND FACILITIES IN THE AREA CONCERNED SHAl..1. BE ADVISED or PROPOSED WORK AT LEAST 48 HOURS PRklR TO THE START Of ACT\JAL EXCAVATlON.•

17. CONSTRUCTION STAl<ING:
�;si�:of"s"� s�FY�E�J£ETc�1'.;g> ��E��E(�
.

THE NE£0
FOR STAKING. STAl<ING REQUESTED BY THE CONTRACTOR OR THEIR

SUBCONTRACTORS THAT IS BEYOND STANDARD PROCEDURES, WILL BE SUBJECT TO AN EXTRA WORI( BACK CHARGE TO THE CONTRACTOR. THE CONTRACTOR SHAU EXERCISE DUE CAUTION AND SHAU. CAREFVLL Y PRESERVE BENCH MARKS, CONTROL POINTS, REF£RENCE POINTS ANO AU. SURVEY STAKES, ANO SHAU. BE LIABLE f'OR ALL EXPEN5£S RELATED TO

THE REPLACEMENT AND/OR ERRORS CAUSED BY THEIR UNNECESSARY LOSS OR DISTURBANCE.

18. ALL TRENCH EXCAVATION SHAU. BE IN ACCORDANCE WfTH CITY or STOCKTON STANDARD SPECIFICATION 7-1.01E.
19 THE CITY Of STOCKTON STANDARD PLANS AND DETAILS AS SHOWN HEREON ARE FOR THE CONVENIENCE Of' THE CONTRACTOR. PRIOR TO AND DURING CONSTRUCTION, THE CONTRACTOR SHALL 8£ RESPONSIBLE FOR BEING f'AMIUAR WITH THE CURRENT CITY Of STOCKTON STANDARDS ANO AU. UPDATES ANO REVISIONS MADE TO ANY Of niE CITY Of STOCKTON STANDARD DETAILS SHOWN ON THESE PLANS. THE CONTRACTOR IS ALSO RESPONSIBLE FOR BEING FAMILIAR WITH niE WRITTtN SPEClFlCATIONS AND/OR OniER STANDARD DETAILS NOT SHOWN BUT Wl«:H ARE INCLUDED 1H THE •cny OF STOCKTON STANDARD SPEClflCATIONS AND PLANS'.

20. THE C()H'l'RM:TOR SHAll OGTAIN A. PERMIT FROM lHE cnv or STOCKTON MUNICIPAt.

UTILITY DEPARTMENT FOR USE or WATER FROM FIRE tn'DfWr'TS FOR CONSTRUCTION PURPOSES. THE PERMIT SHAU. BE � B.Y THE CITY Of STOCKTON F1RE OEPARTMOff.

21. THE CONTRACTOR SHAU. COMPLY WllH NPOES PERMIT OBTAINED BY THE DE'v'ELOP£R C0NTROl (GRUPE OE.'IELOPMENT 80ARI). ASSOC1ATES) FROM THE STATE OF CM.JfORfiM WATER RESOURCES

22. IN EXPOSING EXISTING STORM DRAIN WANHOLES ANO EXISTING STORM 0RNN PIPE'S, ANO IN CONSTRUCTIOH OF THE PUMP STATIOH SUMP, THE CONTRACTOR SHALL TAKE M)[QUAl[ MEASURES TO PREVENT DISPLACEMENT OF PIPES AHJJ/OR. STRUCT1JRES RESUlllt«. f'ROU BUOYANCY EITECT Of GROUNDWATER.

23. THE CONTRACTOR SHAU. EXCAVATE., FlU ANO GRADE THE PROJECT SITE IN ORDER THAT THE SITE IMPR<M:MENTS CAN BE CONSTRUCTED TO THE GR.A.DES ANO SLOPtS SHOWN ON TH£ PLANS. AHY FU PUGED StWJ.. BE PROPERLY COMPACTED AS REQUIRED BY Tt£ PLANS ANO SPEQF'ICATIONS.

24. THE WRrTTEH CONTRACTOR AUTHORfZAllON SHALL BE HD.O RESPONSlBl£ FOR Nf'f AEl.D CHANGES MM>E WITHOUT FROM THE CITY ENGINEER.

25. THE CONTRACTOR SHAU. PRCNlOE AU. LIGKTS, BARRK:ADES, SIGNS, Fl.AGMEN OR OTHER DEVICES NECESSARY f'OR PtJ8UC SAFETY.

26. ALL STATIONS REF'ER TO DISTANCES ALONG NOTED CEN'T'ERLINE. UNLESS OTHERWISE NOTm. ALL STATIONS Of'F' CENTER ARE PERPENDtCUI..AR TO OR RAOIAU.Y OPPOSITE CENTERLINE STATIONS.

27. APPROPRl4TE DUST CONTROi. SHAU. BE PROW>EO, AT THE CONTRACTORS EXPENS£. TO MINIMIZE AH'f DUST NUISANCE AND SHAU. BE IN ACCOROANCE WITH SECTION 10 Of CAI.TRANS STANDARD SPEQACATIONS N4> THE REOUIREWENTS or THE Cr1'Y Of STOCKTON.

28. BENCH MARI<: CHtSELLED SOUARE TOP, SOUTHEAST CORNER Of lAKE OUTl.IT STRUCTURE, NORTH ENO or BROOKSIDE L.N(E.
(S.E.1. F.B. f616 PG.1) El.EVAllON • -7.53
GENERAL STRUCTURAL DRAWING NOTES:
,. ALL 8UfLDING WORK SHALL Bf IN STRICT ACCORDANCE Wl'rn THE 1994 EDfTION or THE UNV'"ORM COOE ANO STAND',ROS A.NO ALL PUBUCATIONS NOTED H[R{IN.

2. DETAILS APPLY
SHOWN ON THE STRUCTl.JRAL DRAWINGS ARE TYPtCAl ANO SIMA.AR. DETAILS TO SIM11..AA CONOmONS. SPEClnc: NOT£S AND OETA.11..S ON THE ORAWNGS TN<E PRECEDENCE OYER GENERAL NOTES ANO TY'PtCAL OETAILS.

3. DIMENSIONS SHOWN SHAU TA.KE PRECEDENCE OYER SCALE ON THE PLAN SECTIONS AND DETAILS. AH'f OISCR£PANCIES SHAU. BE BROUGHT TO THE IIAE>IATE ATTENTION Of THE ENGIN£ER.

4. ALL SHOP DRAWINGS MUST Bf SUBMITTED TO THE ENGINEER FOR REVIEW AND APPROVAL

8. CONCRETE NOTES
a. GENERAL - ALL C0NCR£tE WORK SHALL BE PERFORMED .. ACCORON«::E WITH .A.Cl ANO uec COOES.
b. CONCRETE STRENGTH - St.AB AND BUILDING FOUNDATION C0NCRETt: SHAU. OBTAIN A MINIMUM DEStGH SlRENCTH OF 3000 PSI.
2 J
;
1 ! :c;;r- CEMENT - 5.� SACt< PER YARD f'OR 3000 PSt CONCRETE. 1=Juw��4�1< or C£WO(f.

SLUMP - � liU.XIMUM.

CURING APPRO\IED BY - l<EEP WET MIN. Of 7 OAVS OR APPLY WEMBRANE CURING COMPOUND THE ENGINEER.
6) IIIBRATlON - AU. CONCRETE SHAU. BE VIBRATED INTO Pt.ACE WITH A MECHANICAL VIBRATOR. � �NG�H...��OFA.6�30��• MINIMUM or 2 Of.YS. c:. RENF'ORCING WATERW..S
'l DEFORMED BARS-ASTM A615.GR. 60, UNLESS OTHERWISE NOTED. 2 El.£CTRIC WELD£0 MRE f'.-BRIC (WWF) ASTM A- 185.
3 AU. LA.PS SHAU. BE 2� WIN., UNLESS OTHERWISE NOTED.
4 FOR Sl.ABS ON GROUND, REINFORCING B4RS SHAU. BE HEl.D IN PLACE AT THE CENTERLINE OF THE 5LA8 BY MEANS Of CONCRETE BLOCKS, BAR CHAIRS OR OTHER APPROv'EO METHOD. BA.RS SHAU. NOT BE POSmONEO BY PUWNG UP WfTH HOOKS AS CONCRETE IS POURED.
d. MtSCEl...LANEOUS
I) PROVIDE 3/� CHAMFER ON All EXPOSED CONCRETE EDGES, UNt.ESS OTHERWISE NOTED ON THE DRAWINGS.
2) ANCHOR POURtNG 90LTS ANO OOWEl.S MUST BE SECURELY SUPPORTED IN Pl.ICE BEFORE CONCRET'E TO INSURE PROPER LOCATION PER Pl.ANS.

THE REVIEW ANO APPRCNH... OF SHOP DRAWINGS BY THE ENGINEER IS fOR GENERAi.. c.owPUAHCE WITH Tl-IE DRAWINGS AND SPEClflCATIONS. THE CONTRACTOR SHALL REMAN RESPONSl8l£ FOR M.L ERRORS OF DETAILING, FM3RICATION ANO CORRECT mTING Of SlRUCT\JRAL MEMBERS, INCUJOING COORDINATION WITH OTHER TRADES.
�- ALL OETAIL CHANGES DESIRED SHALL BE SUBMITTED TO THE ENGINEER IN WRITING. SHOP DRAWINGS 00 NOT CONSTlTIJTE CHANGES IN WRITING. At.ONG WfTH A L.£TTER. THE SHOP DRAWINGS SHAU. SHOW AU. PROPOSED C.w.GES.

6. COOROINATE STRUCTURN... DRAWINGS WITH EQUIPMENT DRAWINGS f'OR CONSTRUCTlON DETAILS.

7. STRUCTURAi.. STEEL ANO MISCEl.LJ,NEOUS IRON NOTES
a. CODES - AU. WORK SHAU CONFORM TO THE LATEST EDmON or THE FQU.OWING CODES:.

THE FOLLOWING COOES:
'l UNIFORM BUILDING CODE..
2 Ar5C - AMERICAN IRON ANO STEEL SPECWICATIONS,
3 AWS - AMERK;AN WELDING SOCIETY.
4 ASTM - AMERICAN SOCIETY Of TESTING MATERW..S.
b. MATERIALS:
1 ! STRUCTURAL STEEL MEMBERS - ASTM A-36 OR PER Pl>HS.
2 SlRUCTURAL TUBING - ASTM A500 GRM>E B.
3 STRUCTURAL PIPES - ASTM .A.53 GRADE 8.
4 BOlTS, NUTS, WASHERS - ASN "307, UNLESS OTHERWISE NOTED ON THE PUNS. 5 HIGH STRENGTH BOlTS, NUTS ANO WASHERS - A5TM A.325 (INDICATED ON DRAWINGS AS HSMB).

WELOINC MATERIAL - E-70 EL£CTROOES PER AWS-01-1.

PAINT PRIMER-f'EO. SPEC. TT--031. RED OXIDE.

GALVANIZING - ASTM .A.575 MIN. 207 HOT CUPPED.

OPEN WEB STEEl JOIST - AS NOT£0 ON M Pt.ANS PER STANCWI> SPECIACATIONS Of THE STEEL JOIST INSTITUTE.
10) METAi.. DECKING - ASTM � GRADE D (FY•50KSI) GALVANIZED TO ASTM .A.525 G60 COA.TING. FABRICATION AS PER STED.. DECK INSTITIJTE SPEClflCATlONS. c. fA8R1CATION:
'! WELDING - WELDING SHALL BE PERfORMED BY CER'l1Fl£0 WELDERS ON..Y. 2 SHOP FA8RICATION TO THE GREATER POSSIBL£ EXTENT.
3 SHOP PRIME ALL STEEL EXCEPT CAI..VANU'EO STEEL. 00 NOT PRIME SURFACES TO BE WELDED OR WHICH WU BE Pl.ACED INTO CONCRETE.
d. SHOP DRAWINGS:
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e. TESTING AND INSPECTION:
1) STRUCTURAL STEEL - SUBMIT IMI..L REPORTS AS PER NSC SPEClflCATlONS. 2) HIGH STRENGTH BOl.TS, NUTS ANO WASHER - PROV10E WRITTEN MU CER1lflCATES. 3) AU. AELD WELDING SHA.U... BE PERf'ORMED BY A CERTlflEO WELDER ANO INSPECTED BY THE SOILS ENGINEER.
4) HIGH STRENGTH BOlTS SHALL BE INSPECTED SY A OUl,IJflED INSPECTOR APP'R('N[0 BY THE ENGINEER.
5) ALL FIELD WEl.OtNG SHAU �VE SPECIAL INSPECllON PER UNIF'ORM 8Ul.OING CODE CHAPTER 17.

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BROOKSIDE ESTATES

NORTH AREA STORM DRAIN

PUMPING STATION
NOTES
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EXHIBIT 2 515

INSTALL END SEAL & CIPP
NOTE: SIPHON BREAKER AND SCREEN/FLAP GATE
NEEDS TO BE REMOVED PRIOR TO CCTV & CIPP.

EXHIBIT 2 516

INSTALL END SEAL & CIPP
NOTE: SIPHON BREAKER AND SCREEN/FLAP GATE
NEEDS TO BE REMOVED PRIOR TO CCTV & CIPP.

EXHIBIT 2 517

INSTALL CIPP
INSTALL CIPP (TYP.)
NOTE: SIPHON BREAKER AND SCREEN/FLAP GATE
NEEDS TO BE REMOVED PRIOR TO CCTV & CIPP.

EXHIBIT 2 518

CONSTRUCTION CONTRACT

FOR THE BROOKSIDE NORTH STORM PUMP STATION
DISCHARGE PIPES REHABILITATION, PROJECT NO. US20028
This contract is made and entered into on _____________, by and between INSITUFORM TECHNOLOGIES, LLC, a STATE OF MISSOURI CORPORATION, with a business address at 580 GODDARD AVENUE, CHESTERFIELD, MO 63005, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of BROOKSIDE NORTH STORM PUMP STATION DISCHARGE PIPES REHABILITATION, hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Municipal Utilities department of the City of Stockton.

Total compensation for services and reimbursement for costs shall not exceed $173,702, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

EXHIBIT 3 Project No. US20028 Page 1 of 32 519
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Municipal Utilities department will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely EXHIBIT 3 Project No. US20028 Page 2 of 32 520
difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Municipal Utilities department, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Municipal Utilities department in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Municipal Utilities department or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties.

CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by EXHIBIT 3 Project No. US20028 Page 3 of 32 521
this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Division 2, Part 7, Chapter 1, Article 2, Wages of the California Labor Code shall be considered part of the contract agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=

2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Municipal Utilities department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

EXHIBIT 3 Project No. US20028 Page 4 of 32 522
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE
For contracts valued at $100,000 and above, pursuant to Stockton Municipal Code Section

3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT

For contracts valued at 1,000,000 and above, pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of the CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Municipal Utilities department as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Municipal Utilities department of such completion.

9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.

EXHIBIT 3 Project No. US20028 Page 5 of 32 523
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27- 1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-

1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST: CITY:

ELIZA R. GARZA, CMC

CITY CLERK

CITY OF STOCKTON
By:

By: HARRY BLACK

CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY By:

Whittney Schulte
Contracting & Attesting Officer
Insituform Technologies, LLC
13-3032158
By:

CITY ATTORNEY
Tax Identification No.

EXHIBIT 3 Project No. US20028 Page 6 of 32 524
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Exhibit B:

Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for 5 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:

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.

4. Surety Bonds as described below.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim EXHIBIT 3 Project No. US20028 Page 10 of 32 528
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administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

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

Claims Made Policies (Professional & Pollution Liability only) If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

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

Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the EXHIBIT 3 Project No. US20028 Page 12 of 32 530
REV 2022‐05‐17
underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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 Stockton.

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. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

EXHIBIT 3 Project No. US20028 Page 13 of 32 531
REV 2022‐05‐17
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.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 3 Project No. US20028 Page 14 of 32 532

EXHIBIT C
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BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, INSITUFORM TECHNOLOGIES, LLC, a STATE OF MISSOURI CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED SEVENTY-THREE THOUSAND, SEVEN HUNDRED TWO AND xx/100 DOLLARS ($173,702), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

BROOKSIDE NORTH STORM PUMP STATION DISCHARGE PIPES REHABILITATION (PROJECT NO. US20028)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

EXHIBIT 3 Project No. US20028 Page 29 of 32 547
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

CITY ATTORNEY
EXHIBIT 3 Project No. US20028 Page 30 of 32 548

BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, INSITUFORM TECHNOLOGIES, LLC, a STATE OF MISSOURI CORPORATION, as Principal and , corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of ONE HUNDRED SEVENTY-THREE THOUSAND, SEVEN HUNDRED TWO AND xx/100 DOLLARS ($173,702), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

BROOKSIDE NORTH STORM PUMP STATION DISCHARGE PIPES REHABILITATION (PROJECT NO. US20028)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any EXHIBIT 3 Project No. US20028 Page 31 of 32 549
such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

CITY ATTORNEY
EXHIBIT 3 Project No. US20028 Page 32 of 32 550
City of Stockton
Legislation Text
File #: 23-0413, Version: 1

APPROVE VENDOR POOL LIST FOR PROPERTY NUISANCE ABATEMENT AND EMERGENCY

BOARD-UP SERVICES

RECOMMENDATION
It is recommended that City Council approve a motion to:

1. Authorize the City Manager to execute a five-year contract with six contractors to establish a vendor pool list providing necessary property nuisance abatement and emergency board-up services.

2. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process; and

3. It is further recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion.

Summary
The Police Department's Neighborhood Services Section and the Fire Department have the regular need to oversee work within the City relative to the abatement of nuisances on properties and/or emergency board-up of properties. Given the immediacy of the need and the fluctuation of the work, non-City personnel have provided these services. The City issued a Request for Statement of Qualifications (RFSOQ) for the purpose of formally establishing a list of vendors to abate nuisances on properties and/or provide an emergency board-up of properties. Following the evaluation of the RFSOQs, staff has selected a list of qualified vendors for City Council approval (Attachment A).

DISCUSSION
Background
Abatement of nuisance properties is necessary to maintain compliance with City regulations when property owners fail to address neighborhood nuisances such as the accumulation of garbage, junk, debris, graffiti, and/or lack of yard maintenance. In addition, emergency board ups are necessary when there are unsecure or dangerous structures or conditions that might exist following, for example, a structure fire.

The Police Department's Neighborhood Services Section began using a rotating list of vendors in the 1990's to abate nuisance properties. The rotating pool of vendors was established in response to a request for qualifications sent to local contractors which included the following eligibility requirements:
set pricing and specifications for abatement work, a current City business license, and certain City of Stockton Page 1 of 3 Printed on 5/16/2023
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insurance requirements. This list has been managed by staff in the Neighborhood Services Section according to a set of predictable and equitable criteria.

In 2014 the City Council authorized a Request for Qualifications (RFQ) to solicit responses from all interested vendors to provide this suite of services to the City. The basic requirements set forth (a) the minimum requirements each vendor must meet in order to be on the list, (b) an established set of guidelines and processes for rotating through the list, (c) the set pricing and specifications for work, and (d) how vacancies on the list will be filled.

In 2018, an informal RFQ was completed upon the recommendation from the Purchasing Division.

Renewal of the RFQ incorporated prevailing wage pricing and vendor registration with Department of Industrial Relations (DIR).

Present Situation
On February 3, 2023, a RFSOQ was publicly advertised for Abatement and Emergency Board Up Services, Project PUR-23-018. On March 9, 2023, six proposals were received from the following vendors:
· 5 Star Construction Stockton, CA
· B-Line Construction, Inc, Sacramento, CA
· Golden Coast Construction and Restoration, Roseville, CA · Kustom US Inc dba Five Star Restoration a Division of Kustom, Gold River, CA · Nor-Cal Construction, Stockton, CA
· Baylor Services Inc, Stockton, CA
Three of the above vendors are located within the physical boundaries of San Joaquin County and have current business licenses with the City of Stockton. Those within the Stockton City limits received a five percent bid preference meeting the criteria set forth in Stockton Municipal Code, Section 3.68.090 (Local business preference). The preference points are factored into the overall rating score of the vendor's proposal and subsequent ranking on each rotating list. The remaining three vendors are outside the boundaries of San Joaquin County.

The Selection Committee, consisting of three members from the Police Department's Neighborhood Services Section, reviewed the proposals and ranked them according to the RFSOQ criteria, taking into account the local business preference criteria. The process conducted was consistent with other established vendor pools that are designed to maintain fair and equitable purchasing policies while addressing unique needs for providing contracted services. Staff recommends all six (6) vendors for approval by the City Council in order to establish a Rotating Contractors List for Abatements of Nuisance Properties (Attachment B) and a Rotating Contractors List for Emergency Board Up (Attachment C). The distinction between the two lists is the type of work required. Emergency Board Ups require immediate response on a 24-hour, 7 days per week basis and the work involved is very narrow in scope. The compensation rates for this work are different to account for the "on-call" nature of the jobs.

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FINDINGS
Pursuant to SMC section 3.68.070, Council may approve findings that support an exception to the competitive bidding process. These findings include:

1. Use of the RFSOQ process is appropriate for this Standard Agreement because it relies on the evaluation of professional qualifications, experience, and performance as the basis for the selection and to establish a list of qualified vendors.

2. Due to the pre-determined pricing, as noted on the Standard Prices for Rotating Contractors Lists, Procurements recommendation was to advertise and award based on qualified vendors.

FINANCIAL SUMMARY
There is no direct fiscal impact to the City of Stockton from approving a list of qualified vendors to provide nuisance abatement work and emergency board up services. All work performed by these vendors will be funded through the annual budget for nuisance abatements in the Police Department's Neighborhood Services Section and Fire Department, as applicable.

Attachment A - RFSOQ Vendor Ranking
Attachment B - Rotating List Abatement
Attachment C - Rotating List Emergency
Attachment D - Standard Agreement
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RFSOQ VENDOR RANKING

1. Nor-Cal Construction
2315 Bonniebrook Drive
Stockton, CA 95207
(209) 676-1882

2. 5Star Construction
330 North Wilson Way
Stockton, CA 95205

3. Golden Coast Construction and Restoration
1009 Enterprise Way, Suite 350
Roseville, CA 95678

4. B-Line Construction, Inc.
430 Lea Way
Sacramento, CA 95815

5. Baylor Services Inc
4000 North Wilson Way
Stockton, CA 95205

6. Kustom US Inc dba Five Star Restoration a Division of Kustom 2372 Gold River Road
Gold River, CA 95670
ATTACHMENT A 554

ROTATING CONTRACTORS LIST

ABATEMENTS

1. Nor-Cal Construction
2315 Bonniebrook Drive
Stockton, CA 95207
(209) 676-1882

2. 5Star Construction
330 North Wilson Way
Stockton, CA 95205

3. Baylor Services Inc
4000 North Wilson Way
Stockton, CA 95205
ATTACHMENT B 555

ROTATING CONTRACTORS LIST

EMERGENCY BOARD UP

1. Nor-Cal Construction
2315 Bonniebrook Drive
Stockton, CA 95207
(209) 676-1882

2. 5Star Construction
330 North Wilson Way
Stockton, CA 95205

3. Golden Coast Construction and Restoration
1009 Enterprise Way, Suite 350
Roseville, CA 95678

4. B-Line Construction, Inc.
430 Lea Way
Sacramento, CA 95815

5. Kustom US Inc dba Five Star Restoration a Division of Kustom 2372 Gold River Road
Gold River, CA 95670
ATTACHMENT C 556

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and 1RU&DO &RQVWUXFWLRQ 6WDU &RQVWUXFWLRQ %/LQH &RQVWUXFWLRQ ,QF *ROGHQ &RDVW &RQVWUXFWLRQ DQG 5HVWRUDWLRQ .XVWRP 86 ,QF GED )LYH 6WDU 5HVWRUDWLRQ D 'LYLVLRQ RI .XVWRPDQG%D\ORU 6HUYLFHV,QF (each a “Contractor” and collectively the “Contractors”) to provide $EDWHPHQW DQG (PHUJHQF\%RDUG8S6HUYLFHV as set forth in Exhibit A to this Agreement. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: JXO\ 1, 202 Terminates on: -XQH 3, 202 _____________________________________________________________________________ The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $VSHU([KLELW( _____________________________________________________________________________ The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.

D
Exhibit A – Statement of Work

E
Exhibit B – Insurance

F
Exhibit C – General Terms & Conditions

G
Exhibit D – Professional Services Special Terms & Conditions

H
Exhibit E – Compensation Schedule

I
Exhibit F – Timeline
_____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement. _____________________________________________________________________________

CONTRACTOR
1RU&DO&RQVWUXFWLRQ
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CONTRACTOR
6WDU&RQVWUXFWLRQ
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
Agreement Number:

ATTACHMENT D 557
______________________________________________________________________________________________ Address

CONTRACTOR
%/LQH&RQVWUXFWLRQ,QF
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CONTRACTOR
*ROGHQ&RDVW&RQVWUXFWLRQDQG5HVWRUDWLRQ
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
Authorized Signature Date

CONTRACTOR
.XVWRP86,QFGED)LYH6WDU5HVWRUDWLRQD'LYLVLRQRI.XVWRP ______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
ATTACHMENT D 558

CITY OF STOCKTON
___________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
____________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

John M. Luebberke, City Attorney
BY:__________________________________________________________________________

CONTRACTOR
%D\ORU6HUYLFHV,QF
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
ATTACHMENT D 559
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 To establish a pool of Contractors for abatement and board up services.

2. Project Scope

2.1 Property abatements are necessary to maintain compliance with City regulations when property owners fail to address neighborhood nuisances. Contractors shall provide abatement and emergency board up services based on an established rotating Contractors list for daytime non-emergencies and after-hours emergency board ups.

As each job is approved for abatement in Neighborhood Services Section, a Code Enforcement Officer will request the next available Contractor on the list. The Code Enforcement Officer shall contact the Contractor by telephone, if the Contractor is unavailable or unable to return the call within 15 minutes, the Code Enforcement Officer shall contact the next available Contractor listed. This process will continue until contact is made. Once contact is made, a job walk will be scheduled with the Contractor and Code Enforcement Officer. The Code Enforcement Officer will advise the Contractor of the tasks to be completed at the location. All costs & work must be approved by the Code Enforcement Officer prior to work beginning. Any change orders need to be approved by the Code Enforcement Officer before work is started. For after-hours emergencies, the Contractor may get called out and have the work authorized by the Fire Department and/or Code Enforcement Officer/Neighborhood Services Section (NSS).

Contractors must not perform any abatement work on behalf of the City, unless requested from the rotating list and authorized to do so by NSS, Fire Department, or Police Department personnel.

After three (3) occurrences of a Contractor failing to respond or deny a job the Contractor may be suspended or removed from the list at the discretion of Neighborhood Services Section; unless the department has been advised of unavailability prior to the request by the Contractor in writing.
x Contractors may be removed from the Rotating Contractors List if they do not have current business license, insurance, and DIR, ATTACHMENT D 560
2 (Rev. 10.30.18)
do not respond to a job quote request, poor quality of work, inappropriate billing, or for failure to follow the guidelines of the contract established by City of Stockton, Risk Services, Neighborhood Services, or Purchasing division and agreed upon by the Contractor.
x The Neighborhood Services Section will notify Contractor of removal from list, in writing via email, the condition(s) to be reinstated on the list, and if the removal is permanent. x Should the Contractor disagree with the removal, the Contractor shall file an appeal to the Police Services Manager in
Neighborhood Services Section within ten (10) days of removal notification.

Upon completion of work and approval by City Department, the Contractor shall submit an itemized invoice by email to NSS.

3. Specifications

3.1 SPECIFICATIONS FOR THE REMOVAL OF GRAFFITI
Item I: GENERAL DESCRIPTIONS OF WORK
It is required that all graffiti be removed in the manner appropriate to the affected surface. Paint that is used to cover graffiti must match as close as possible the color and type (latex, oil base, etc.) of existing paint.

In the case of terrazzo, or natural rock, it may be required that this type of surface be water or sand blasted. Painting may not be necessary; however, once the graffiti is removed, the surface must be resealed properly to eliminate water damage or leakage.

Contractors are required to have in their possession the following fully functional equipment:
x Paint
x Paint Roller, Paint Sprayer, etc.
x High Pressure Washer
x Absorbent
x Fire extinguisher or back-pack hand pump fire extinguisher x First Aid Kit
x Any other requested equipment or materials required by the Code Enforcement Officer
Item II: GENERAL INFORMATION
Removal shall mean that the entire surface encompassed by the graffiti ATTACHMENT D 561
3 (Rev. 10.30.18)
be cleaned and painted, and/or water or sand blasted and resealed, as specified in the General Description of Work. If the only issue being abated is Graffiti, the Contractor will be paid for 100 square feet minimum.

3.2 SPECIFICATIONS FOR THE SECURING OF STRUCTURE(S)
Item I: GENERAL DESCRIPTIONS OF WORK
Secure structure(s) and/or accessory structure(s) against illegal entry by boarding up all openings, including doors and windows, with a minimum one-half inch (1/2”) thick exterior- type plywood or approved equal material, to be cut to fit screen inset molding stop and secured by flatten screw shanks in accordance with the Code Enforcement Officer’s instruction. In some cases, shoring may be required for stabilization of structure. On request, doors may be secured with ¾ inch plywood.

Exception to this is aluminum and vinyl windows. Securing of aluminum and vinyl windows will be done in accordance with the Code Enforcement Officer’s instruction during site inspection to avoid any unnecessary damage to the window frame. All boards used for securing must be painted to match the exterior building’s color.

Contractors shall be required to have in their possession the following fully functional equipment:
x Plywood, Lumber, or other needed securing materials
x Drill/Screw Gun
x Saw
x Extension Ladder
x Generator (When requested or needed)
x Paint
x Paint Roller
x Screws and Lag bolts
x Any other requested equipment or materials required by the Code Enforcement Officer
x Fire extinguisher or back-pack hand pump fire extinguisher x First Aid Kit
x Lighting (Only Required for Contractors on the After-Hours Emergency Contractor List)
Item II: GENERAL INFORMATION
Securing shall mean all openings, including, but not limited to doors, ATTACHMENT D 562
4 (Rev. 10.30.18)
windows, basement openings, over-sized under floor vent openings and any other opening which may need securing as determined by the Code Enforcement Officer.

If the Contractor encounters individuals in the structure, he/she is to advise them of pending action and request that they leave the premises and notify the Code Enforcement Officer. If further resistance is encountered, the Contractor shall report immediately to the Code Enforcement Officer and provisions for the inspector and/or Police Department will be made to accompany or meet with the Contractor at the site to secure the premises.

No securing shall be conducted until the officer has verified the structure is vacant.

3.3 GENERAL CONDITIONS
x Acting in the performance of this agreement the Contractor and/or the agents and their employees shall act in an independent capacity and not as officers, employees or agents of the City.
x The Department, its officers and employees, shall not be liable for any loss, damage, or injury of any kind or nature as may arise out of any acts, duties, or obligations on the part of the Contractors, their agents, or employees, under this agreement; nor for any materials or equipment used in performing the work; nor for injury or damage to any person or persons, either workmen or the public; nor for damage to adjoining property from any cause whatsoever during the progress of the work or any time before final acceptance.
x The Contractor shall process and consider all claims for damage or injury in a courteous manner and as promptly as conditions warrant. x The Contractor shall promptly answer inquires and complaints of the Department, relative to any work charges, damages, or any other questions that may arise as a result for abatements operations by the Contractor.
x The Contractor shall notify the Department by phone before 4:00 p.m. the same working day or by 8:00 a.m. the next working day in the event that fixtures or utilities are damaged or destroyed by the Contractor. The Contractor shall then follow up the phone call with a written statement to be submitted with the billing. When the Contractor or responsible person is unavailable to rectify the situation, the Department shall make necessary arrangements to repair the ATTACHMENT D 563
5 (Rev. 10.30.18)
damaged or destroyed items when said damaged or destroyed items affect the health and/or well-being of property owner or adjacent property owners. Contractor is responsible for correcting, replacing, or paying all damages to property, fixtures, or utilities, whether the Contractor, Property Owner, or City does repairs.
x The Contractor shall be fully informed of and comply with all existing and future State and/or Federal laws and all City ordinances and regulations of the City which in any manner affect those engaged or employed in the work or the materials used in the work or which, in any way, affect the conduct of the work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
x The Department shall decide all questions which may arise as to the quality or acceptability of work performed, and as to the manner of performance and rate of progress of the work and all questions which arise as to the interpretation of the specifications. All work performed by the Contractor shall be done to the satisfaction of the Department.

The Department or authorized representative reserves the right to inspect the work.
x All equipment and tools shall be furnished, fully operable, operated and maintained by the Contractor. There will be no extra charge made to the Department for the same, except as may be preapproved by the Department or tools/equipment not on the required equipment list. All fuel, materials, supplies, etc., to perform the Agreement shall be furnished at no extra charge to the Department.

Contractor shall have reserve equipment available within a twentyfour (24) period or a time set by the Department. x Before and after any parcel is abated, the Contractor shall take two (2) to four (4) clear and precise dated digital photos in color of the property which work is abated, demonstrating the need for these services. Contractor shall furnish his own camera and memory card or data disc for proper storage of digital photos. Contractor is responsible for furnishing all photos to the Department at its sole cost and expense. These photos shall be taken immediately before and after abatement work is done and submitted with the invoice for payment to the Department. Each photo shall include the date picture was taken and the address and Code Enforcement officer’s name assigned to that particular project. Each "after" picture shall be taken from a like location as the "before" picture showing some ATTACHMENT D 564
6 (Rev. 10.30.18)
common outstanding landmark. There shall be no charge for digital photos. Digital photos must be uploaded into VSS as a pdf file.

Contractors shall store photos for a minimum of 180 days. x All Contractors on the City’s Rotating Abatement and Emergency Board up List’s are required to register on the Vendor Self-Service (VSS) portal at www.stocktonca.gov/vendorportal and submit itemized invoices for completed work by email to NSS to ensure payment.
x Invoices need to be submitted within five (5) business days after the work has been finished and approved by the Code Enforcement Officer. This requirement is a mandatory condition to remain on the City of Stockton’s Rotating & Emergency Contractor List. Invoices presented to the City of Stockton for payment must include the following before payment will be made:
o Purchase Order Number/Contract number
o Property Address or APN where work was completed
o Date abatement was completed
o Itemized breakdown of number of employees, hours for each, cost of each and a total for each employee
o Itemized breakdown of materials and equipment (when
applicable) used showing kind, quantity, and cost as well as a total for each.
o Any additional fees, (i.e., dumping fees, etc.) that have been preapproved by the Code Enforcement Officer o Photos (4) – 2 before abatement & 2 after abatement
o Total cost of all categories
o Contractor confirmation that prevailing wage will be paid o Copy of bid sheet signed by the Code Enforcement Officer and Contractor
This information is required in the event of an appeal, which may require us to present a detailed breakdown to the hearing officer.

Invoices without this information will be returned and payment delayed until the required information is provided. The Department will expedite payments due to the best of its ability within the framework of Policy. The Department will deduct errors from future billing upon verification of Contractor error. Contractor will be provided an itemized statement describing the deductions. Invoices received thirty (30) days from the date of abatement completion may not be honored.

ATTACHMENT D 565
7 (Rev. 10.30.18)
x The Contractor may be required to appear to Administrative or Court hearings, at the request of the City, to verify work completed and/or costs.
x The City reserves the right to terminate Contractor’s assignment if the City determines the Contractor is not completing their work at a satisfactory level and designate another City approved Contractor to complete the work.
x The Contractor shall be responsible for meeting all provisions and/or regulations of the Occupational Health and Safety Act (O.S.H.A.). x The Department requires all Contractors to be on site within one (1) hour from the initial contact with the Code Enforcement Officer, unless otherwise arranged with the Code Enforcement Officer. x Job specifications and costs to be approved prior to the Contractor beginning the work.
x At completion of the work, the Contractor is to contact the Code Enforcement Officer to verify work for approval of payment. x Set prices have been established for abatements. Reference Standard Prices for Rotating Contractor’s List & After-Hours Emergency Abatements (Exhibit E).
x All abatements not listed will be negotiated and pre-approved by the Department, before work begins.
x The City reserves the right to request additional bids from the Rotating Contractors List or to reject all bids. The City reserves the right to negotiate a price for each item if bids are above or below the desired price range for any services.
x At times there will be the need for specialized Contractors to abate certain violations (i.e., electricians, mechanical contractors, etc.).

These Contractors will be obtained by the Contractor and shall become their sub-Contractor or employee.

ATTACHMENT D 566
8 (Rev. 10.30.18)
x Contractors shall have the following minimum material stored locally for abatements and available at all times:
o Ten (10) 4’ x 8’ Sheets ½ Plywood
o Five (5) 4’ x 8’ Sheets ¾ Plywood
o Fifteen (15) 2” x 4” x 8” Studs
o Five (5) 4” x 4” x 8” Studs
o All hardware needed for securing
x Failure to comply with any of the requirements of the Rotating Contractor List may result in suspension or removal from either of the Rotating Contractors Lists for the City.

3.4 THE CITY NEIGHBORHOOD SERVICES SECTION STANDARD

PRICING
The City’s Neighborhood Services Section pricing schedule is described on Exhibit E.

4. Notices
Pursuant to Exhibit C – General Terms and Conditions, Section 15 – Notices, the mailing address for all required notices is as follows:

Contractor: _Nor-Cal Construction___ City: City of Stockton _2315 Bonniebrook Dr___ Attn: City Manager ____ _
_Stockton, CA 95207___ 425 N El Dorado St___ _
Stockton, CA 95202
Contractor: 5 Star Construction
_6507 N Pacific Av #222__
_Stockton, CA 95207_ __
Contractor: _Golden Coast Construction and Restoration
_1009 Enterprise Wy___________________
_Roseville, CA 95678__________________
Contractor: B-Line Construction Inc
_430 Lea Wy ___ _
_Sacramento, CA 95815__
Contractor: Kustom US Inc dba Five Star Restoration a Division of Kustom _2372 Gold River Rd __
_Gold River, CA 95670 _

ATTACHMENT D 567
9 (Rev. 10.30.18)
Contractor: Baylor Services Inc
_4000 N Wilson Wy ___ _
_Stockton, CA 95205__

5. Option to Renew.

Total term of the Agreement shall not exceed 5 years. There is no option for renew term.

ATTACHMENT D 568
REV 2022Ͳ05Ͳ17
Exhibit B:

Insurance Requirements
(Abatement and Emergency Board Up Services)
Contractor shall procure and maintain for the duration of the contract, and for 5 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:

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

4. Pollution Liability (only regarding use of herbicides or chemicals in the course of work) applicable to the work being performed, to include non-aerial spraying of pesticides and herbicides, etc., with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, ATTACHMENT D 569
REV 2022Ͳ05Ͳ17
and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Claims Made Policies (Pollution Only)
If any coverage required is written on a claims-made coverage form:

ATTACHMENT D 570
REV 2022Ͳ05Ͳ17

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

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

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. The Workers’ Compensation policy shall be endorsed with a ATTACHMENT D 571
REV 2022Ͳ05Ͳ17
waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT D 572
(Rev. 10.30.18; Mod 07.12.22 SG)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT D 573
(Rev. 10.30.18; Mod 07.12.22 SG)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT D 574
(Rev. 10.30.18; Mod 07.12.22 SG)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 ATTACHMENT D 575
(Rev. 10.30.18; Mod 07.12.22 SG)

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT D 576
(Rev. 10.30.18; Mod 07.12.22 SG)

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 ATTACHMENT D 577
(Rev. 10.30.18; Mod 07.12.22 SG)

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 ATTACHMENT D 578
(Rev. 10.30.18; Mod 07.12.22 SG)

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 ATTACHMENT D 579
1 (Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other ATTACHMENT D 580
2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed ATTACHMENT D 581
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

ATTACHMENT D 582
4 (Rev. 07.12.22)

8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

ATTACHMENT D 583
5 (Rev. 07.12.22)

12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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 work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

ATTACHMENT D 584
1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the ContractorV shall be paid on this Agreement is$_2,550,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

ATTACHMENT D 585
2 (Rev. 10.30.18)

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed _20 %.

2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

ATTACHMENT D 586
3 (Rev. 10.30.18)
ATTACHMENT D 587
4 (Rev. 10.30.18)

5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Itemized invoices shall be submitted by email to NSS as per Exhibit A.

ATTACHMENT D 588
1 (Rev, 10.27.22)

EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A as follows:

1.1 TIMELINE FOR COMPLETION OF WORK

1.1.1 Timeline for completion of work will be determined by the project scope and decided by the City personnel in charge of the project through the term of the contract.

ATTACHMENT D 589
City of Stockton
Legislation Text
File #: 23-0365, Version: 1

APPROVE MOTION TO AUTHORIZE ASPHALT CONCRETE COLD PLANING THROUGH DECEMBER 2024

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve the specifications for Asphalt Concrete Cold Planing through December 2024, Project No. WD23003.

2. Award a Service Contract in the amount of $352,125 to Pavement Recycling Systems, Inc. of Jurupa Valley, CA, for Asphalt Concrete Cold Planing through December 2024, Project No.

WD23003.

3. Authorize the City Manager to execute up to two one-year extensions to this Service Contract.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
The City contracts for asphalt concrete cold planing services to remove areas of failing or unsuitable asphalt concrete throughout the City.

On December 22, 2022, the City received two bids for Asphalt Concrete Cold Planing through December 2024, Project No. WD23003. Staff recommends award of a Service Contract to the lowest responsible bidder, Pavement Recycling Systems, Inc. of Jurupa Valley, CA, in the amount of $352,125 (Attachment A). Staff also recommends that Council approve the specifications for the project. The initial contract will expire on December 31, 2024, with the option for two one-year contract extensions. The Service Contract will be funded from the Fiscal Years (FY) 2022-23 and 2023-24 Road Maintenance and Rehabilitation Account (RMRA) program.

DISCUSSION
Background
The City contracts for asphalt concrete cold planing services to remove areas of failing or unsuitable asphalt concrete throughout the City. Asphalt concrete cold planing is the process of removing asphalt concrete with a milling machine in preparation for repair and repaving. The milling machine is equipped with a large drum and diamond tipped teeth, which removes a six-foot wide path of asphalt concrete to a pre-set depth and deposits the removed material onto a conveyor belt to transfer it to a City of Stockton Page 1 of 3 Printed on 5/16/2023
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truck for transport. Cold planing is a component of road repair and repaving work completed each year during the summer and early fall when the weather is typically favorable.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project as the estimated construction cost is under $1 million and because the scope does not meet the CWTA definition of a construction project.

Present Situation
On December 1, 2022, the Asphalt Concrete Cold Planing through December 2024, Project No.

WD23003, was advertised for bids. On December 22, 2022, two bids were received with the following results:

COMPANY NAME BID AMOUNT
Pavement Recycling Systems, Inc. $352,125
(Jurupa Valley, CA)
Granite Rock Company $463,050
(San Jose, CA)
Engineer’s Estimate $378,000
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this contract. Application of the Local Business Preference has no effect on the bid order, as no local firms bid on the project. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Pavement Recycling Systems, Inc., the lowest responsible bidder, is regular in all respects. Pavement Recycling Systems, Inc. has the proper license to perform the work. Staff recommends Council approve the specifications for the project and award a Service Contract to Pavement Recycling Systems, Inc. in the amount of $352,125 (Attachment A). The initial contract will expire on December 31, 2024, with the option for two one-year contract extensions by mutual agreement.

FINANCIAL SUMMARY
The term of the Service Contract with Pavement Recycling Systems, Inc. for the Asphalt Concrete Cold Planing, a part of the Local Street Resurfacing Program FY 2022-23 SB1, Project No.

WD23003, is proposed to be funded over several fiscal years.

The Local Street Resurfacing Program FY 2022-23 SB1, Project No. WD23003, Account No. 4570- 000-80007-300-000-30-45-000-000, will fund the Service Contract through December 31, 2023, in the amount of $175,500, and the Local Street Resurfacing Program FY 2023-24 SB1, Project No.

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WD24003, Account No. 4570-000-80007-300-000-30-45-000-000, will fund the Service Contract through December 31, 2024, in the amount of $176,625. The total not to exceed cost of this Service Contract over a period of two years is $352,125. Sufficient funding is available to award a Service Contract to Pavement Recycling Systems, Inc. for Asphalt Concrete Cold Planing through December 2024, Project No. WD23003, in the amount of $352,125.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Service Contract with Pavement Recycling Systems, Inc.

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CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2023, between the CITY OF STOCKTON, a municipal corporation (“CITY), and PAVEMENT RECYCLING SYSTEMS, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 10240 SAN SEVAINE WAY, JURUPA VALLEY, CA 91752, hereinafter called "CONTRACTOR.," THIS CONTRACT is for the ASPHALT CONCRETE COLD PLANING THROUGH DECEMBER 2024, PROJECT NO. WD23003, hereinafter referred to as “SERVICE”.

RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRACTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession.

CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.

CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $352,125.00 or as otherwise mutually agreed to in a Contract Change Order.

ASPHALT CONCRETE COLD PLANING THROUGH DECEMBER 2024, Project No.

WD23003

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City Council and Concurrent AuthoritiesMay 23, 2023

City Council and Concurrent Authorities
May 23, 2023