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.
EXHIBIT 2 1002
Modification Procedures
01035-5
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 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 1003
Modification Procedures
01035-6
EXHIBIT 2 1004
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 1005
Coordination
01040-2
ꞏ Project name and number
ꞏ Contractor's name
ꞏ Date
ꞏ Report #__ (also "page ___ of ___")
ꞏ Weather conditions
ꞏ Staff employed on the project and duties performed
(Distinguish between field and office staff)
ꞏ Trades on job site, respective number of trades persons used, and work description ꞏ Subcontractors on job site, number of respective subcontractor's staff present and work description
ꞏ Equipment on job site, type and number and whether or not used. ꞏ Summary of work performed
ꞏ Materials delivered to site
ꞏ Delays to project
ꞏ Visitors to project
ꞏ Other comments
ꞏ Contractor's signature
ꞏ 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 1006
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 1007
Coordination
01040-4
EXHIBIT 2 1008
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 1009
Coordination
01050-2
EXHIBIT 2 1010
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.
EXHIBIT 2 1011
Regulatory Requirements
01060-2
2.1 Contractor’s License
The Contractor shall possess at the time of bid and maintain throughout the duration of the contract, a valid California Class A and C-33 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.
*** END OF SECTION ***
EXHIBIT 2 1012
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.
EXHIBIT 2 1013
References
01090-2
Calendar Day - Any day including legal holidays, Saturdays and Sundays.
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.
EXHIBIT 2 1014
References
01090-3
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.
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.
EXHIBIT 2 1015
References
01090-4
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.
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.
EXHIBIT 2 1016
References
01090-5
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.
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.
EXHIBIT 2 1017
References
01090-6
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.
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 1018
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 1019
References
01090-8
EXHIBIT 2 1020
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.
EXHIBIT 2 1021
Project Meetings
01200-2
1.3 Minutes
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.
EXHIBIT 2 1022
Project Meetings
01200-3
2.4 Minutes
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 1023
Project Meetings
01200-4
EXHIBIT 2 1024
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 EXHIBIT 2 1025
Submittals
01300-2
schedule for submission of submittals proposed by the Contractor. This time provision does 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.
EXHIBIT 2 1026
Submittals
01300-3
4. Contractor using other software shall be required to provide to the Construction Manager conclusive evidence of 100 percent data transfer compatibility.
5. Delivery: Deliver submittals to Construction Manager 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 reEXHIBIT 2 1027 Submittals
01300-4
submittals 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 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 EXHIBIT 2 1028
Submittals
01300-5
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.
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:
EXHIBIT 2 1029
Submittals
01300-6
1. Name and address of Contractor.
2. Name and address of Subcontractor, manufacturer, supplier, or distributor, as applicable.
3. Name and address of Owner.
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:
EXHIBIT 2 1030
Submittals
01300-7
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.
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.
EXHIBIT 2 1031
Submittals
01300-8
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 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, EXHIBIT 2 1032
Submittals
01300-9
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.
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 EXHIBIT 2 1033
Submittals
01300-10
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 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.
EXHIBIT 2 1034
Submittals
01300-11
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.
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.
EXHIBIT 2 1035
Submittals
01300-12
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 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.
EXHIBIT 2 1036
Submittals
01300-13
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.
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 "Equipment Data and Preventive Maintenance Tasks Sheet.” A copy of the subject form is included at the end of this Section for information.
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.
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.
EXHIBIT 2 1037
Submittals
01300-14
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 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.
EXHIBIT 2 1038
Submittals
01300-15
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 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.
EXHIBIT 2 1039
Submittals
01300-16
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.
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.
EXHIBIT 2 1040
Submittals
01300-17
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. 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.
EXHIBIT 2 1041
Submittals
01300-18
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 1042
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:
EXHIBIT 2 1043
Submittals
01300-20
Generator
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 1044
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.
EXHIBIT 2 1045
Progress Schedule
01310-2
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 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 1046
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 1047
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 EXHIBIT 2 1048
Progress Schedule
01310-5
Manager a written Time Impact Analysis illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date.
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.
EXHIBIT 2 1049
Progress Schedule
01310-6
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.
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 1050
Progress Schedule
01310-7
EXHIBIT 2 1051
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 1052
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 1053
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 1054
Construction Facilities and Temporary Controls
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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:
EXHIBIT 2 1055
Construction Facilities and Temporary Controls
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a. During hours of darkness, provide markers with torches, flashers, or other adequate lights.
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.
EXHIBIT 2 1056
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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.
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.
EXHIBIT 2 1057
Construction Facilities and Temporary Controls
01500-5
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 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.
EXHIBIT 2 1058
Construction Facilities and Temporary Controls
01500-6
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.
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, EXHIBIT 2 1059
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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.
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).
EXHIBIT 2 1060
Construction Facilities and Temporary Controls
01500-8
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.
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. *** END OF SECTION ***
EXHIBIT 2 1061
Construction Facilities and Temporary Controls
01500-13
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 1062
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 EXHIBIT 2 1063
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brand, trade name, or manufactured product known to the Design Consultant that meets these Specifications.
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 ***
EXHIBIT 2 1064
Materials and Equipment
01600-3
EXHIBIT 2 1065
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 ***
EXHIBIT 2 1066
System Testing
01660-2
EXHIBIT 2 1067
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, EXHIBIT 2 1068
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01670-2
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.
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 EXHIBIT 2 1069
Training
01670-3
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.
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 1070
Training
01670-4
EXHIBIT 2 1071
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.
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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:
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.
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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 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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DIVISION 2
TECHNICAL
SPECIFICATIONS
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DIVISION 9
TECHNICAL
SPECIFICATIONS
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COATING REHABILITATION OF THE DRY SEAL GAS HOLDER INTERIOR SECTION 1 - Scope of Work
1) Provide all labor, materials, equipment, and incidentals required to remove all the existing interior coatings and repaint the Dry Seal Gas Holder (Digester Gas Holder) interior shell, floor, inlet, piping, bottom of piston and all other miscellaneous steel. The full coating system shall be Sherwin Williams Dura-Plate 6100 epoxy, or approved equal, designed for H2S environments.
Dry Seal (Digester) Gas Holder
Year Built: 1999
Existing Coating: Epoxy
2) The shell to roof seam and roof support pedestals shall be caulked with poly sulfide caulking.
The gas holder has an original epoxy lining system.
3) All welding shall be complete prior to any abrasive blasting or coating application. 4) The Contractor shall have a current California C-33 license. The Contractor shall submit three projects within the last five years using plural component equipment and 100% solids epoxy on the interior of storage tanks. The information shall include Name of project, size of project, name and phone number of owner or Engineer.
5) The Contractor should expect that mill scale and corrosion are present under existing coating systems, all existing interior coatings shall be completely removed down to bare steel and providing “White Metal Blast Cleaning” (SSPC/SP # 5) to allow for proper adhesion of the interior coating system.
6) The Contractor shall dispose of all wastes from abrasive blasting and any other wastes or debris generated during work. The Contractor shall sample, and test waste as required by applicable regulatory agencies, and as necessary for classification of wastes prior to disposal.
The Contractor shall bear all costs for waste sampling, testing, accumulation, transport, and disposal, including the cost for wastes classified as hazardous and non-hazardous. 7) At least three days prior to start of work, the Contractor shall arrange with the City for a prepreparation conference at the job site to ensure that all parties are familiar with the work, including specifications and the manufacturer’s printed application instructions.
SECTION 2 - Governing Standards
1) The following standards (including the most recent update or version) shall govern the work unless specified otherwise in these specifications:
SSPC-Vol.1, Steel Structures Painting Manual, Good Painting Practice.
SSPC-Vol.2, Steel Structures Painting Manual, Systems and Specifications.
SSPC-SP 1 Solvent Cleaning
SSPC-SP 2 Hand Tool Cleaning
SSPC-SP 3 Power Tool Cleaning
SSPC-SP 5 White Metal Blast Cleaning
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SSPC-SP Guide 11 Stripe Coating
SSPC-SP 7 Brush-Off Blast Cleaning
SSPC-SP 10 Near White Blast Cleaning
SSPC-SP 11 Power Tool Cleaning to Bare Metal
SSPC-AB 1 Mineral and Slag Abrasives
SSPC-PA 1 Shop, Field and Maintenance Painting
SSPS-PA Guide 3 Guide to Safety in Paint Application
SSPS-PA Guide 12 Lighting
SSPC-Guide to Vis 1-89 Visual Standard for Abrasive Blast Cleaned Steel SSPC-V15 (3-93) Visual Standard for Power & Hand-Tool Cleaned Steel ISO-8502-3 Preparation of Steel Substrates (Class 2)
All applicable State and Federal OSHA safety standards.
SECTION 3 - Submittals
1) The Contractor shall provide a separate submittal for each material to be used in the work. At a minimum provide submittals for Abrasive materials, Paint systems, Thinners, and any other additives.
2) The Contractor shall include the following data in the interior coating system submittal:
a. Weight in pounds/gallon – ASTM D-2196
b. % solids by volume – ASTM D-2369
c. Percent solids by weight – ASTM D-2369
d. Air cure dry time to re-coat – ASTM D-1640
e. Minimum adhesion to steel substrate – ASTM D-4541 using a type II instrument (Minimum acceptable adhesion shall be 800 p.s.i.).
f. Manufacturer’s batch numbers and dates of manufacture for materials to be furnished as part of this project.
g. Letter from dehumidification manufacture that the equipment has been properly sized as per the specification requirements.
h. The Contractor shall submit repair procedures from the manufacture. 3) The Contractor shall include the following data in the manufacturer’s recommended handling and installation instructions for the proposed paint system submittal:
a. Storage – including maximum and minimum storage temperatures. b. Surface preparation
c. Coating repair
d. Application equipment
e. Mixing and application of coating system – including a table of minimum and maximum time to re-coat as a function of temperature
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f. Curing – including curing time required before holiday testing, and curing time required before immersion as function of temperature and coating thickness. Minimum and maximum re-coat times.
g. Ventilation and Containment System
h. Acceptable temperatures at the time of application.
i. Health and Safety Plan
j. Fire Prevention Plan.
4) The Contractor shall include the following data in the equipment submittal:
a. Details of vacuum system for removing dust and abrasive from abrasive blast cleaned surfaces.
b. The manufacturer’s latest written operation instructions include recommendations for air filter maintenance and change interval for air compressors used for work. 5) The Contractor shall include the following data in the report submittal:
a. Actual weight of blast cleaning abrasive used for field abrasive blast cleaning, submitted within 24 hours after blasting is completed.
b. Quantity of coating material used for each coat, submitted within 24 hours after completion of each coat.
c. Name of laboratories proposed to be used to test waste prior to testing any materials. d. Laboratory test results for representative waste samples prior to removing any waste materials from the job site. At a minimum, the samples shall be tested for total concentrations of the 17 metals identified in Title 22, for comparison to Total Threshold Limit Concentrations (TTLC) values. The California Waste Extraction Test (WET) shall be performed for each analyte of each sample for which the total concentration exceeds 10 times the Soluble Threshold Limit Concentration (STLC) value, if any, as specified in Title 22. Toxic Characteristic Leaching Procedure (TCLP) testing shall be performed for each analyte of each sample for which the total concentration exceeds 20 times the TCLP values, if any, specified in the Federal Resource Conservation and Recovery Act(RCRA). Reactivity, corrosive, and Ignitability testing shall be performed as required by Title 22 and/or the City or representative of the disposal facility. e. Receipts from disposal site for all waste. Receipts shall identify disposed material and source, show quantity of disposed material in tons or cubic yards, and show method used for final disposition as buried, incinerated, and chemically treated and/or other means.
f. Quantity of thinner used for each coat and total amount used.
SECTION 4 - Quality Assurance
1) The Contractor shall provide evidence of having completed at minimum, three (3) similar interior tank coating projects of similar size (50-ft diameter, 50-ft height) and application of 100% solids coatings in the last five years prior to commencement of this work. 2) The Contractor shall certify in writing that foremen and workers on-site shall be experienced and knowledgeable in preparation for and application of high-performance industrial coatings.
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3) The Contractor’s workmanship shall conform to the standards and recommendations of SSPS Vol. 1, especially Chapters 5.1 and 6.
4) The City may use any testing method deemed necessary to verify quality of work. 5) The Contractor shall ensure proper materials handling and use, including: all coating materials are labeled and used in accordance with SSPC-PA 1, Paragraphs 5.1.1 thru 5.1.5, except all coating system materials without a stated shelf life shall be delivered and used within six months of the date of manufacture; and certification, from any source, that the coating system materials are still suitable for use beyond the stated shelf life or beyond the six month period specified above will not be accepted. All equipment and materials shall be stored in a secure ventilated container.
6) The Contractor shall perform the necessary quality assurance in accordance with an approved plan. The Contractor will supply all inspection equipment. The City reserves the right to use their equipment at any time.
7) The Contractor shall comply with the following conditions in collection and analysis of wastes:
a. All testing of spent abrasive blast media and removed coating materials to classify these wastes as hazardous or non-hazardous shall be performed by a laboratory that complies with and is certified under the Environmental Laboratory Accreditation Program (ELAP) of the California Department of Health Services. b. Any Laboratory performing analysis shall provide for comparison to TTLC, STLC, TCLP limits, and RCRA limits, and to all other applicable regulatory limits. Laboratory shall retain samples at least ninety (90) calendar days after all analyses are complete. c. The Contractor shall ensure collection of as many representative samples as required by the representative of the disposal facility, but not less than 4 total. d. The Contractor shall ensure the following: each sample shall have an identifying sample number assigned when the sample is taken; each sample number shall be included on the sampling chain of custody and in all reports, correspondence, and other documentation related to the sample; each sample shall have a sampling chain of custody; and, each chain of custody show the name and organization of each person having custody of the sample, and also show the sample number, job name and location, time of day and date sample was taken, material sampled, and tests to be performed.
e. The Contractor shall notify the City at least 24 hours prior to sampling collection for the purpose of City verification of samples collected.
f. Manufacturer’s Representative: The Contractor shall, at no cost to the City, provide a qualified technical representative of the coating system manufacturer at the jobsite as required by the City to resolve problems related to the coating system or the application of the system.
SECTION 5 - Delivery, Storage, and Handling
1) The Contractor shall deliver materials as follows:
a. Delivery of abrasive grit shall be in original labeled moisture-proof bags or airtight bulk containers. Abrasives shall not be reused.
b. Delivery of coating system materials shall be in original, unopened containers with seals unbroken and labels intact. Labels shall identify type of material, color, and EXHIBIT 2 1188
batch number. No material shall exceed six months from the original batch manufacturing date (No exceptions).
2) The Contractor shall store materials as follows:
a. Store materials in a single, approved location.
b. Store coating system materials enclosed, secure, and ventilated structures, and maintain temperature inside the structure within the temperature range recommended by the manufacturer.
c. Keep storage location clean, neat, and free of fire hazards. d. All operating equipment shall be placed into secondary containment to prevent accidental spills.
3) The Contractor shall handle materials as follows:
a. Avoid spilling thinners, solvents, paint products or other materials that contain toxic substances. All compressors and operating equipment shall be placed in secondary containment. All sewer or site drains shall be covered. 4) Remove discarded thinners, solvents, and paint products from the jobsite daily.
SECTION 6 - Safety
1) The Contractor shall comply with all Federal, State, and Local applicable safety regulations and requirements. All scaffolding shall be equipped with interior stairways. No exterior ladders will be allowed on scaffolding. No gas, diesel, or propane lifts are allowed on the interior of the tank. Only electric or indirect type lifts are allowed. The gas holder tank is considered a confined space entry. The Contractor shall provide gas monitoring and a certified confined space attendant.
SECTION 7 - Existing Interior Coatings
1) The City assumes the present coating system (Epoxy) is the original coating system provided at the time of tank erection and fabrication.
2) The Contractor shall bear all costs associated with stripping, handling, storing, testing, transport, and disposal of all waste. It shall be the Contractors responsibility to estimate the quantity and classification of waste associated with work.
SECTION 8 - Warranty
1) All materials and work supplied under this Section shall be warranted for a period of one (1) year by the manufacturer and the Contractor as specified in Section 00700 General Conditions of the Construction Contract. The warranty period shall commence upon written notice of completion by the City. The materials shall be warranted to be free from defects in workmanship, design and materials. If the materials should fail during the warranty period, it shall be replaced or restored to service at no expense to the City SECTION 9 - Products for Interior Coating System Materials 1) The Contractor shall provide the following new interior coating systems consisting of a thick film epoxy on all interior surfaces:
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a. The interior lining system shall be Sherwin Williams Dura-Plate 6100, 100% solids epoxy, or approved equal, recommended for corrosion protection of storage tanks. b. The minimum adhesion value (ASTM D-4541) for the lining system using a type two instrument shall be 800 P.S.I. The interior roof, rafters, and shell shall be completely coated, caulked, and tested prior to abrasive blasting on the floor plates. c. The Contractor shall provide coating “certified non-lead” (less than 0.06 percent lead by weight in the dried film) as defined in Part 1303 of the Consumer Products Safety Act.
SECTION 10 - Abrasives
1) The Contractor shall use abrasive grit for field blast cleaning conforming to the following:
a. Produce a surface profile of 3.5 to 4.5 mils for all interior surfaces. b. New, clean, and free of contaminants, and containing no hazardous materials. c. Provide a sharp angular profile.
d. Certified by California Air Resources Board, Executive Order G-565. e. Conform to all applicable requirements of the Local San Joaquin Air Quality District. f. No sand or glass abrasives are allowed. Only grit type abrasives to be used. g. All welding shall be complete prior to surface preparation and coating application.
SECTION 11 - Quality Control
1) The Contractor shall provide adequate lighting (SSPC Guide12), without shadows and glare, during all phases of work. The entire work area shall be illuminated to facilitate visual and instrument inspection and ensure that work is performed as specified. Work will be rejected if proper lighting is not provided for a proper inspection. Provide the following minimum illumination during all phases of work:
a. General work area: 25-Foot Candles.
b. Surface preparation and coating application: 30-Foot Candles. c. Inspection: 50-Foot Candles.
2) The Contractor shall provide ground supported scaffolding equipped with stairways and no exterior ladders. The Contractor shall provide personnel to move scaffolding and furnish other assistance to City Inspectors as required.
3) The City Coating Inspector will examine surfaces after abrasive blast cleaning to verify that all deposits of contaminants have been removed as per surface clean as per ISO 8502 (Class 2). The Contractor shall blow down and vacuum all surfaces prior to City inspection. Tank floors shall be vacuumed.
4) The Contractor shall verify at a minimum of two times daily that air supply is free of oil and moisture contamination (ASTM D-4285). The Contractor shall use effective oil and water separators in all main compressor airlines and shall be placed as close as practicable to the equipment. Prior to using compressed air, the Contractor shall test the quality of air downstream of the separators at suitable outlets by blowing the air on a clean white blotter for 2 minutes to check for any contamination, oil, or moisture.
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5) The Contractor shall perform the following daily: measure air temperature, humidity, relative humidity, and metal surface temperature, and determine dew point and relative humidity prior to abrasive blasting or painting. The Contractor shall provide portable temperature and humidity recorders to provide continuous permanent hard copy of the Digester Gas Holder conditions and, repeat measurements and determination of dew not less often than every four hours at the start of preparation operations and run constantly until final cure. The Contractor shall maintain a written record of measurements and dew points, and time that measurements were taken, keep such record on-site, and make records available to City Inspector on request.
6) The Contractor shall furnish 1 roll of Testex tape 1.5 to 4.5 mils X-course prior to the start of abrasive blasting. The City Coating Inspector may evaluate surface preparation using field abrasive blasting standards, and Testex tape. Evaluation may include inspection of blasted surfaces for dust and abrasive residue, using clear adhesive coated tape. An evaluation will be made immediately prior to coating application.
7) The Contractor shall verify cleanliness of all spray application equipment prior to, or no later than, time of mixing coating material.
8) The Contractor shall measure wet film thickness during coating application of coating to ensure adequate coating thickness, taking at least one measurement for each 100 square feet of application area. The Contractor shall measure dry film thickness after each coat using a non-destructive magnetic dry film thickness gauge.
9) The City Coating Inspector may, but is not required to, also measure coating thickness, at random locations, after each coat. SSPC –PA 2 (Level 1) is only to be used for the calibration of dry film thickness gauges. This is a minimum maximum dry film thickness specification. Dry film thickness readings will not be averaged. All inspection equipment shall be supplied by the Contractor. All equipment shall have current calibration certificates. The City reserves the right to use their own equipment at any time.
10) The Contractor shall test all coated surfaces for pinholes (NACE SPO-188) and holidays after application of the final coat in accordance with the following:
a. Perform test in presence of the City Coating Inspector. b. Perform test after coating has cured as recommended by the manufacturer. c. Use an appropriate detector, such as Elcometer #236 or as approved by the City representative.
d. Re-test after coating repairs until non detectable.
SECTION 12 - Limiting Environmental Conditions
1) The Contractor shall apply coatings only when conditions are within the limits prescribed by the manufacturer and shall not apply coatings when the following conditions exist:
a. Metal temperature is less than 60 degrees F.
b. Relative humidity is greater than 45 percent.
2) Contractor shall not abrasive blast or apply coatings when air temperature is less than 5 degrees F above dew point.
SECTION 13 - Dehumidification
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1) The Contractor shall provide dehumidification as required to establish and maintain the specified temperature and relative humidity inside the Digester Gas Holder twenty-four hours a day, seven days a week until final cure. The Contractor shall complete any blasting, coating, and testing operations within the duration of time as specified. The City shall not provide a time extension for weather delay. The Contractor shall bear all cost and liability for work resulting from dehumidification equipment failure, breakdown, power failure, or down time. 2) The Contractor shall provide dehumidification continuously from start of white metal (SP #5) abrasive blasting, until a minimum of three (3) days after application of final coat and all repairs are completed, or for a longer period as recommended by the coating system’s manufacturer.
The Contractor shall submit a letter from the dehumidification manufacture that the equipment has been properly sized for this project prior to any abrasive blasting operations. A minimum of one air change per hour is required. Working hour meters are required on the dehumidification units.
3) The Contractor shall provide dehumidification equipment consisting of a solid desiccant (not liquid, granular, or loose lithium chloride) design having a single rotary desiccant bed capable of continuous operation, fully automatic with drip-proof electrical controller. Air heaters alone are not acceptable as dehumidification units.
4) The Contractor shall ensure that relative humidity of processed air from dehumidification unit does not exceed forty five percent.
5) The Contractor shall ensure dehumidification equipment provides a minimum of two complete air changes inside the Digester Gas Holder every sixty minutes. 6) The Contractor shall ensure areas adjacent to the surface that is to be blasted and coated are not exposed to a relative humidity greater than forty-five percent at any time during blasting, cleaning, coating, or curing.
7) The Contractor shall ensure that during blast cleaning and coating, and for 96 hours after the final coat and all repairs are completed, dehumidification units maintain an air and steel temperature of 70 degrees F minimum inside the Digester Gas Holder. 8) The Contractor shall ensure dehumidification equipment is placed as close to Digester Gas Holder manhole as possible.
9) The Contractor shall ensure cleaning of dehumidification filters prior to start of dehumidification and weekly cleaning thereafter.
10) The Contractor shall ensure dehumidification tubing is maintained as follows:
a. Mechanically connected and sealed with duct tape at joints. b. Extended to the center of the Digester Gas Holder and attached to a diffuser that will distribute air equally throughout Gas Holder tank.
c. Have no dust or other foreign matter inside tubing.
11) The Contractor shall provide and maintain 24-hour strip chart recorder for humidity and temperature and place humidity and temperature measuring devices inside Digester Gas Holder at the start of abrasive blasting operations even if dehumidification is not being used.
SECTION 14 - Preparation
1) The Contractor shall prepare surfaces to be coated in accordance with the coating manufacturer’s instructions but not less than specified herein.
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2) During blast cleaning operations, pipe openings in bottom shall be covered with plywood bulkheads, or other approved barriers, to prevent entry of spent abrasive, removed coating or other foreign materials.
3) The Contractor shall clean surfaces including removal of all visible oil, grease, dirt, welding residue, and other contaminants from areas to be coated (SSPC/Sp#1); inspection using a black light to locate oil and grease; and removal of slag and weld metal accumulation and splatters by chipping or grinding as required in NACE SPO-178. 4) The Contractor shall provide blast cleaning including removal of existing coating, under film corrosion, corrosion, and other corrosion products from all areas to be coated; and preparation of all surfaces to be coated by abrasive blast cleaning to SSPC-SP 5 white metal with a surface profile of 3.5 to 4.5 mils.
5) The Contractor shall ensure complete abrasive blast cleaning of metal prior to application of coating system. The Contractor will provide a hold back of 5” into the existing coating. 6) The Contractor shall not reuse abrasive blast media unless the media is specifically designed for reuse, if steel abrasive is used the working mixture shall be a minimum of 75% grit and 25% shot. The Contractor shall be fully aware of the different required anchor profiles that are required for different products.
7) The Contractor shall ensure maintenance of abrasive blasting equipment including:
a. Installation of an oil moisture separator in the airline between compressor and blast machine.
b. Installation of an air cooler/dryer in the airline between the compressor and the oil and moisture separator.
c. Use of venturi nozzle.
8) The Contractor shall ensure all surfaces to be blast cleaned are electrically grounded during blast cleaning. All air and blast lines will have cable whip checks installed. 9) The Contractor shall provide exhaust air dust collectors to prevent discharge of dust to the outside air. No dust socks are allowed.
10) The Contractor shall mask-off and protect all exposed machined metal surfaces, plastic, and other surfaces not to be painted or that may be damaged by abrasive blasting or tying into coating systems.
11) The Contractor shall remove all dust and abrasive from freshly blasted surfaces by use of a vacuum system.
12) The Contractor shall dispose of abrasive blast media and other waste materials off-site and discard material directly from Digester Gas Holder to a portable container and remove container from site. The Contractor shall ensure the media is not placed on ground or other intermediate location. No abrasives shall be reused at any time.
SECTION 15 - Application
1) The Contractor shall adhere to general application requirements as follows:
a. Mix and apply all coatings in accordance with the manufacturer’s recommendations and instructions, the applicable requirements of SSPC-PA 1, and as specified herein. b. Obtain Inspector’s evaluation and approval of steel surface preparation immediately prior to application of first coat.
EXHIBIT 2 1193
c. Obtain Inspector’s evaluation and approval of cleanliness of previous coat immediately prior to application of a subsequent coat.
d. Contractor shall provide ratio testing at the beginning of each application. e. Apply coatings by plural component spray except areas of less than 2 square inches may be brushed, or the roof and rafters.
f. Required brush striping of edges, welds, nuts, and bolts. The thin film stripe coat will be applied as a totally independent coat by brush and allowed to dry prior to application of the finish coat. The stripe coat will be the same as the system being applied. No other products shall be allowed for stripe coats.
g. Apply coatings at a temperature recommended by the manufacturer. Prior to mixing, coating materials shall be not less than 90°F. Use explosion-proof inline heaters, if necessary.
h. Scaffolding or other support system shall be free of abrasive blast media, dirt, and other foreign matter prior to coating application. The Contractor should be fully aware that most 100% epoxies can produce amine blush which must be removed prior to over coating and disinfection.
i. Finish coat shall be uniform in color and gloss over the entire surface. The finish coat shall be smooth to touch with no sags, runs, dry spray, over-spray, cracks, pinholes, or other surface defects and must be even in color and appearance. When coating is applied, the previously coated area will be masked off to prevent overspray onto newly painted surfaces.
j. Coating should not be applied closer than 6 inches from an unprepared surface. k. The Contractor shall apply a totally independent brush coat and allow to dry to all welds, plate edges, rafter edges, nuts, bolts, and hard to reach areas prior to application of the finish coat.
2) The Contractor shall provide color as follows: (Thick Film Epoxy) Sherwin Williams Dura-Plate 6100 (White) or approved equal.
a. White
3) The Contractor shall provide a Dry Film Thickness (DFT) as follows: (Thick Film Epoxy) a. First Coat: 25.0 mils minimum to 35.0 mils maximum
b. Minimum total DFT: 25.0 mils
c. Maximum total DFT: 35.0 mils
4) The Contractor shall provide additional coats to achieve specified minimum dry film thickness. 5) Application of Coating System
a. Above Diaphragm Bolting Angles – Upon acceptance of all surface preparation (including the tank shell, piston bottom and floor), by the City’s inspectors, completely coat all internal surfaces of the tank shell in rings 3, 4 and 5 and all accessories and appurtenances not directly exposed to the stored product. Under surface of roof plates and upper surface of piston are excluded from work. b. Below Diaphragm Bolting Angles – Upon acceptance of all surface preparation (including the tank shell, piston bottom and floor), by the City’s inspectors, EXHIBIT 2 1194
completely coat all internal surfaces of the tank shell in rings 1 and 2 and all accessories and appurtenances exposed to the stored product. c. Bottom of Piston – The Contractor shall completely coat all internal surfaces of the under surface of the piston bottom exposed to the stored product. Piston rings are excluded from work. Piston is held by support housing off the floor. Total clearance from tank floor to the bottom of the piston is 3-ft.
d. Tank Floor – The floor will be coated after the shell and bottom of piston are completely caulked, tested, and repaired. Total clearance from tank floor to the bottom of the piston is 3-ft.
6) The Contractor will apply non-skid (abrasive) after the first coat on the topside of the walking platform when the coating is still wet. The abrasive shall be applied to refusal. After the excess abrasive is removed by blowing down or vacuuming.
7) The Contractor shall provide application equipment as follows:
a. Airless spray pumps in compliance with manufacturer’s requirements, having an antifreeze device, and fluid filter. b. Use fluid tip size recommended by manufacturer.
c. Use clean fluid lines not previously used to apply zinc-rich or water-based coating materials.
d. Clean equipment using only products recommended by the coating manufacturer. e. Blow lines to remove all thinners prior to painting. f. Barcol hardness testing is required eight hours after each application of the 10% solids epoxy.
g. For each application, a sample shall be sprayed onto plastic and marked with the date and time of application including the batch number. This sample shall be retained and be given to the project Engineer.
h. Plural Component Coatings: After each component of the plural component coating system has been thoroughly heated, the Contractor shall perform a paint pump ratio test shall be done prior to each application in the presence of the Inspector. i. The Contractor shall place two clean see‐through containers with preprinted volumetric marks on a flat surface. The hose valve for each component shall be opened simultaneously and each component’s flow rate shall be allowed to stabilize by pouring the discharging materials into separate disposable containers. After the flow is stabilized, the hoses shall be transferred to the pre‐printed volumetric containers and the valves shall be shut off after one of the containers has been filled to 32 or 48 fluid ounces, depending on the mixing ratio recommended by the Manufacturer. If the volumetric quantity of coating in the containers does not match the Manufacturer’s recommendation, the Contractor shall correct the ratio issues. No spraying shall be performed until the ratio test result has met the manufacturers written technical data sheet and been accepted by the Inspector. All plural component pump gauges shall be in working order prior to any application, if gauges are not working, they shall be immediately replaced. All gauges shall be in the zero position when pump is off. The Contractor will spray first onto plastic and put batch number and date and retain until end of project.
8) The Contractor shall provide coating repairs as follows:
EXHIBIT 2 1195
a. Touch-up or refinish all chipped, abraded, or otherwise unsatisfactory portions of the work in accordance with the manufacturer’s recommendations. The Contractor shall be fully aware that high solids epoxies can amine blush. b. Re-coating or touch-up of areas that have cured beyond the maximum time recommended by the manufacturer require the following special preparation. i. Sweep blast area and 3-inches into the surrounding area. Sweep blast under low pressure to uniformly abrade surface and feather edges. Feather edges by sanding or other means acceptable to the Inspector.
ii. Remove abrasive blast residue from blasted area with special attention to marginal areas of intact coating.
iii. All repairs shall be masked off.
SECTION 16 - Interior Curing and Cleaning
1) The Contractor shall ensure curing of all coatings by forced heated air ventilation for a minimum of 72 (ventilating) hours at seventy degrees, or longer if recommended by the manufacturer after coating application and repairs are completed. Curing shall include providing ventilation at a rate of at least one complete air change every four hours. 2) Equipment shall have a time recorder that provides a cumulative record of operating time. 3) Deliver air from ventilating fan to center of Digester Gas Holder through continuous flexible duct that is not reduced in area from the fan outlet exhausting to the exterior of the tank. 4) Prior to re-installation of roof vent covers removed during forced air ventilation, the Contractor shall clean dust and abrasive-blasting residue from the roof ventilation screens and top of rafter lips.
5) The Contractor shall thoroughly wash down with water all interior surfaces, including but not limited to, roof, rafters, walls, floor, piping. Shell to Roof Junction Gap and Voids Caulking 6) After the finish coat is cured (fingernail depression test), the Contractor shall completely fill and seal all voids and bolt holes. The Engineer will determine if the voids can be filled with poly sulfide caulking, if voids cannot pass the holiday test after several attempts. This application will be performed after the application of final coat of epoxy and holiday testing or as directed by the manufacture.
7) Upon complete curing, the Contractor shall submit in writing to the City certification that the coating is fully cured and ready to be placed into service.
SECTION 17 - Manway Gasket Replacement
1) The Contractor shall supply new manway gaskets for tank manways, upon completion of all work.
SECTION 18 - Disposal of Existing Coatings and Spent Abrasive Blast Media 1) The Contractor shall dispose of spent abrasive blast media and removed coating materials in accordance with a City approved disposal plan.
2) The Contractor shall coordinate and pay all costs for sampling and testing of spent abrasive blast media and removed coating materials in order to document waste class. Minimum sampling and testing requirements are listed previously in this Section.
EXHIBIT 2 1196
3) Prior to removal of hazardous wastes off-site, the Contractor shall allow adequate time for City to review laboratory test results, as well as the time required to obtain a Hazardous Waste Generator’s U.S. EPA ID Number, if required the City will provide the Contractor with written notice to dispose of all or a portion of the spent abrasive blast media and/or removal coating materials as hazardous waste, if so, determined by the City that such disposal is required. 4) The Contractor shall be responsible for all costs associated with accumulating, transporting, and disposing of spent abrasive blast media and removed coating materials.
SECTION 19 - Clean-Up
1) Upon completion of the work, the Contractor shall make a detailed inspection of all work. 2) The Contractor shall be solely responsible for all paint over-spray or fugitive dust fallout claims.
3) The Contractor shall remove all spattering, spits, and blemishes. 4) Upon completion, of work, the Contractor shall remove all staging, tarps, scaffolding, and containers from the site, including but not limited to paint and thinner containers and excess paint and thinner (to be disposed of in conformance to all current regulations); paint spots removed, and the entire job site cleaned; all damage to surfaces resulting from the work from this section to be cleaned, repaired or refinished to the complete satisfaction of the City. All clean up shall be completed within 7 calendar days starting at the last day of holiday testing of the Digester Gas Holder. The Contractor shall allow adequate time for City for review of laboratory test results, as well as the time required to obtain a Hazardous Waste Generator’s U.S. EPA ID Number if required.
5) The Contractor shall bear all costs associated with site clean up.
SECTION 20 - Measurement and Payment
1) Under this item, the Contractor shall remove all existing coatings from the inside of the tank and abrasive blast interior surfaces. The Contractor shall then recoat the tank interior using the system specified. The Contractor shall also provide the necessary environmental controls.
SECTION 21 - Omissions
1) Care has been taken to delineate herein those surfaces to be coated. However, if the coating requirements have been inadvertently omitted from this section or any other section of the specifications, it is intended that all metal surfaces unless specifically exempted herein, shall receive a first-class protective system equal to that given the same type of surface pursuant to these specifications.
SECTION 22 - Inspection
1) The City will retained a N.A.C.E. Certified Coating Inspector, who will inspect all phases of work to be performed as outlined herein. The Coating Inspector shall be an addition to the City Inspector who shall remain the primary observer for all work on the project. The Contractor shall not rely upon the City’s inspectors for documentation of environmental conditions and assuring compliance with plans and specifications.
EXHIBIT 2 1197
2) The Contractor shall notify the City, a minimum of 48 hours in advance, of all surface preparation or paint application to perform a preliminary examination and provide acceptance of the surface preparation and each coat prior to application of the next coat. 3) All materials, tools, and equipment to be used in the blasting and coating operations will be examined, if deemed inadequate or non-conforming the Contractor shall comply with the coating inspector’s recommendation to remove, replace, or repair any materials, tools, or equipment found not to be in conformance with the Contract Documents including the approved shop drawings and manufacturer’s recommendations. 4) The City inspectors will observe the Contractor’s safety activities throughout work and the Contractor shall immediately rectify any deficiencies noted in that observation. The Contractor shall be fully responsible for compliance with all safety measures, hazardous and toxic materials regulations, and site security.
5) The SSPC-Vis1 pictorial surface standards along with dry film and wet film thickness gauges will be used by the Coating Inspector to determine acceptability of the paint application. The Contractor shall provide necessary testing equipment to perform the above-mentioned tests. 6) The Contractor shall afford the City’s inspectors all reasonable facilities and assistance in monitoring the coating and priming operations. The Contractor shall provide weekly copies of their daily work reports to the Coating Inspector. Such reports shall include, but not be limited to, the day and date of work performed, the relevant weather conditions, the type and amount of work performed, all work related to the safety of the operation, and personnel assigned to work actually performed.
7) To facilitate adequate inspection of all surfaces, the Contractor shall provide scaffolding or rigging and people to move the scaffolding as necessary for the Coating Inspector to perform dry film thickness readings, and visual holiday inspection as required by these specifications and reference standards. The Contractor shall provide personnel to move scaffolding or rigging at the instructions of the Engineer.
8) The Coating Inspector shall have authority to direct the Contractor to suspend operations when environmental conditions fall outside the manufacturer’s recommended parameters.
The Contractor shall comply with these directions and shall not proceed until the Coating Inspector determines environmental conditions are sufficient to proceed. Failure to suspend coating operations as directed or restarting work without the direction of the City’s inspectors, shall be cause for rejection of work performed. The Contractor shall immediately remove and replace all such work in accordance with these Project Special Provisions as directed by the Coating Inspection; no additional compensation shall be allowed.
EXHIBIT 2 1198
RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017 Page 1 of 6
CONSTRUCTION CONTRACT
FOR THE
RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT
PROJECT NO. UW24017
This contract is made and entered into on _____________, by and between MECHANICAL ANALYSIS/REPAIR, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 142 N. CLUFF AVENUE, LODI, CA 95240, 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 RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT (PROJECT NO. UW24017), 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 08/22/2023, 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 $1,215,337.00, 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 1199
RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017 Page 2 of 6 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 1200
RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017 Page 3 of 6 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 1201
RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017 Page 4 of 6 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.&titl e=&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 ensure 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 EXHIBIT 3 1202
RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017 Page 5 of 6 rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code. 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.
EXHIBIT 3 1203
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.
Processing of change orders shall be in accordance with Section 4-1.0SA 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-
1.0SA, 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:
ELIZA R. GARZA, CMC
CITY CLERK
CITY OF STOCKTON
By: _____________ _
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:--------------
CITY ATTORNEY
CITY:
By: _____________ _
HARRY BLACK
CITY MANAGER
By:
MECHANICAL
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68-
ANALYSIS/REPAIR, INC.
0310712------=---Tax Identification No.
RWCF Digester Gas Holder Diaphragm Replacement, Project No. UW24017 Page 6 of 6 EXHIBIT 3 1204
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EXHIBIT 3 1206
EXHIBIT 3 1207
EXHIBIT 3 1208
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
(Digester Gas Holder Diaphragm Replacement)
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 $2,000,000 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.
EXHIBIT B EXHIBIT 3 1209
Liability and Insurance Requirements
00820-2
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.
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 selfinsurance 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 (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
EXHIBIT B EXHIBIT 3 1210
Liability and Insurance Requirements
00820-3
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 EXHIBIT B EXHIBIT 3 1211
Liability and Insurance Requirements
00820-4
complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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
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.
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
EXHIBIT B EXHIBIT 3 1212
Liability and Insurance Requirements
00820-5
***END OF SECTION***
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EXHIBIT 3 1227
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, MECHANICAL ANALYSIS/REPAIR, INC., a STATE OF CALIFORNIA 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 MILLION, TWO HUNDRED FIFTEEN THOUSAND, THREE HUNDRED THIRTY-SEVEN AND xx/100 DOLLARS ($1,215,337.00), 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:
RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT
(PROJECT NO. UW24017)
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 1228
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 1229
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
That we, MECHANICAL ANALYSIS/REPAIR, INC., a STATE OF CALIFORNIA 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 MILLION, TWO HUNDRED FIFTEEN THOUSAND, THREE HUNDRED THIRTY-SEVEN AND xx/100 DOLLARS ($1,215,337.00), 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:
RWCF DIGESTER GAS HOLDER DIAPHRAGM REPLACEMENT
(PROJECT NO. UW24017)
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 1230
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 1231
City of Stockton
Legislation Text
File #: 23-0672, Version: 1
APPROVE FINDINGS AND AWARD A CONTRACT TO HDR ENGINEERING, INC. FOR THE
WASTEWATER AND STORMWATER UTILITIES COST OF SERVICE RATE STUDIES
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize a contract with HDR Engineering, Inc. of Folsom, California, for the Wastewater and Stormwater Utilities Cost of Service Rate Studies, Project No. PUR 23-027, in the amount of $334,995.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
Adoption of the proposed resolution would retain HDR Engineering, Inc. to conduct Wastewater Utility and Stormwater Utility cost of service rate studies.
The Municipal Utilities Department (MUD) periodically evaluates the customer rate structures of the Water, Wastewater, and Stormwater Enterprise Funds. The costs for wastewater conveyance and treatment are paid by utility customers in accordance with the rates established by the City Council in 2019 following the requirements of California Constitution Article XIII D, Section 6 (commonly referred to as “Proposition 218” and referred to herein as “Article XIII D”). The current wastewater rate structure will end in July 2024. MUD plans to review rates for wastewater utility charges to ensure that rates reflect changes in the costs to provide sewer service, and to ensure that the MUD maintains adequate funding levels for the ongoing cost to operate, maintain, and replace sewer collection system and treatment infrastructure.
In 1991, the City established the Stormwater Utility to provide a source of funding for stormwater management and adopted an interim stormwater customer rate of $2.10 per month to fund the first phase of the Porter-Cologne Clean Water Act. This interim stormwater customer rate has not changed since 1992 even though it was not intended to fund costs for the entire stormwater program.
The proposed contract would evaluate the appropriate rate structure to fund the maintenance and regulatory activities of the Stormwater Utility and assist with a balloting procedure as outlined in Article XIII D.
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File #: 23-0672, Version: 1
It is recommended that Council adopt a resolution to approve findings and authorize the City Manager to execute a Professional Services Contract with HDR Engineering, Inc. of Folsom, California, in the amount of $334,995 to provide a comprehensive review of the Wastewater Utility and Stormwater Utility Enterprise funds cost of service and rate structures.
DISCUSSION
Background
Wastewater Utility
The wastewater system collects and treats an average of 30 million gallons a day of wastewater from throughout the City under the National Pollution Discharge Elimination System (NPDES) permit criteria before discharging into the San Joaquin River. The wastewater is collected and routed to the Regional Wastewater Control Facility (RWCF) through an extensive network of over 1500 miles of pipe and 35 pump stations.
Operations and maintenance of the pipes, pump stations, and the RWCF is funded strictly by the customers served by the system. The revenue requirements are equitably distributed among each customer class - residential, industrial, and commercial - based upon their impact on the system, either by flow volume or strength of treatment required. At least every five years, a comprehensive rate study report is prepared that applies generally accepted rate setting principles to identify the revenue necessary to operate and maintain the system and equitably distribute the required revenue among the customer classes. Rate studies are necessary to maintain a sound fiscal base and provide a framework for responsible utility management. The last Comprehensive Wastewater Rate Study was prepared in 2019. In 2020, following the procedural notice and majority protest requirements of Article XIII D of the California Constitution, often referred to as Proposition 218, a 5- year phased rate schedule was accepted by the Council. The rates established in 2020 will end in 2024, and it is timely to perform another comprehensive rate study to determine adequate revenue and equitable rates for the next 5-years.
Stormwater Utility
The Stormwater Utility was first established in the early 1990’s in response to passage of the PorterCologne Clean Water Act (CWA). The CWA governs water quality regulation in California and was established to protect the beneficial uses of water and water quality-including surface water bodies, groundwater, and wetlands. The original Stormwater fee of $2.10 per month for single family residences was approved in 1991 and implemented in 1992. The original fee was intended to fund only the first phase of the CWA implementation, which was to perform a condition assessment of the local waterways. The original fee was not intended to fund a fully functional Stormwater utility.
Adjustment of Stormwater rates became more difficult when Article XIII D was codified in 1996. The last fee update was attempted in 2011 and was not approved by property owners.
The Stormwater Utility has expanded extensively from the initial task of assessing the condition of local waterways. Presently, the Stormwater Utility collects and conveys stormwater through approximately 685 miles of pipelines, 76 pump stations, and more than 100 outfall pipes to our local rivers, creeks, and sloughs under the criteria of an NPDES permit. The current rate, set over 30- years ago, is insufficient to fund both the maintenance necessary to sustain an antiquated system and evolving State and Federal regulatory requirements.
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File #: 23-0672, Version: 1
The proposed work for both the Wastewater and Stormwater Utilities will be based on the recently adopted Wastewater and Stormwater Master Plans, proposed and planned Capital Improvement Projects, and historical information. The product will be a comprehensive rate study for each utility that will evaluate the revenue requirements, current rate calculations, and customer classes to determine equitable rates to fund maintenance and regulatory activities. The scope of work includes assistance with procedural notice requirements and other limitations of Article XIII D.
Proposition 218 Process
Wastewater
It is industry standard to identify wastewater rates by user classes including residential, commercial/institutional, and industrial categories. Residential customer rates are based on a fixed rate, whereas commercial/institutional and industrial customers are based on wastewater volume and strength. Utilities can only charge rates sufficient to recover the cost of utility services. One substantive requirement of Article XIII D is the amount of the fee or charge imposed must not exceed the proportionate cost of the service attributable to the parcel. Wastewater rate changes are subject to procedural notice, majority protest requirements, and other limitations of Article XIII D.
Stormwater
Article XIII D has a different process for adjusting stormwater rates rather than the majority protest procedure for wastewater utilities. Stormwater utilities must follow a two-step balloting process. The first step is a majority protest ballot that provides the Stormwater Utility customers the opportunity to approve or deny proceeding with the rate change balloting. As with Wastewater, a majority of the eligible Stormwater Utility customers must return notice of protest of the subsequent rate change balloting to stop the process. If a majority protest is not received, balloting of the actual fee change can proceed. The second step is an affirmative ballot. Individual ballots are mailed to all eligible customers that meet the procedural requirement of Article XIII D, including a manner to indicate support or opposition of the fee change. A majority of the returned ballots must indicate approval for the new Stormwater fee to be implemented.
The intent of both the Wastewater Utility and Stormwater Utility rate studies are to evaluate the efficacy of the current rates, to ensure rate structures are designed to meet the legal requirements of the California Constitution, and to ensure compliance with recent legal decisions related to Article XIII D.
Present Situation
On March 31, 2023, the City advertised a Request for Proposals (RFP) for the Wastewater and Stormwater Cost of Service Rate Studies. On April 27, 2023, two proposals with separate proposal fees under sealed, separate envelopes were received from the following firms:
· HDR Engineering, Inc. of Folsom, California.
· Bartle Wells Associates of Berkeley, California
A committee evaluated the proposal’s based on each firm’s understanding of work and project approach, specific experience with similar studies, experience, and qualifications of the proposed team and quality and clarity of the proposal. HDR Engineering, Inc. met, or exceeded, the City of Stockton Page 3 of 5 Printed on 8/16/2023
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File #: 23-0672, Version: 1
requirements and was found to be best qualified based on the noted criteria. HDR Engineering, Inc. is also familiar with both the City’s Wastewater and Stormwater Utilities and has first-hand knowledge of the current rate structure and cost of service calculations among the customer classes.
It is anticipated the rate study will take approximately ten months to complete. Recommendations on any potential changes to the current Wastewater or Stormwater rate structures will be brought back to Council for consideration.
Staff recommends Council adopt a resolution to approve findings and award a Professional Services Contract to HDR Engineering, Inc. in the amount of $334,995 for the Wastewater and Stormwater Cost of Service Rate Studies.
Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support an exception to the competitive bidding process for contracts negotiated following solicitation of competitive proposals.
These findings include:
1. The Wastewater and Stormwater Utilities are Enterprise Funds. Operation and maintenance activities for each utility are supported by the specific utility ratepayers and rates must reflect the cost of operating the utility.
2. Article XIII D of the California Constitution defines the requirements for conducting rate studies including the fee or charge method of calculation proposed to be imposed upon each parcel.
3. Recent court decisions require rate study reports every five years.
4. The City does not have the technical expertise to prepare the study in a timely and costeffective manner for completion in 2024.
5. The use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for consultant selection. The use of these criteria helps ensure the selection of a consultant that will provide the highest quality professional service, which is in the public interest.
6. It is in the public interest to have well established rates to ensure proper funding for the operation of the Wastewater Utility and Stormwater Utility. A qualification and performancebased consultant selection will ensure the ratepayers are paying appropriate rates for the services provided.
7. The City negotiated a contract following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
The recommended resolution will approve a contract with HDR Engineering, Inc. in the amount of $334,995 to provide a comprehensive Wastewater and Stormwater Utility cost of service rate studies and recommendations on any rate or structures changes.
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FINANCIAL SUMMARY
Funds are available from the Wastewater Utility fund and Stormwater Utility fund. Funding for each utility’s rate study will be specific to the work performed for the utility.
There is no impact to the General Fund, or any other unrestricted funds, from this action.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING FINDINGS AND AWARDING A CONTRACT TO HDR ENGINEERING, INC. OF FOLSOM, CALIFORNIA FOR THE WASTEWATER AND
STORMWATER UTILITIES COST OF SERVICE RATE STUDIES
The Municipal Utilities Department (MUD) operates and maintains the City’s Wastewater collection and treatment system, and Stormwater system including compliance with the National Pollutant Discharge Elimination System Permit for each utility; and
The costs for wastewater collection and treatment are paid for by wastewater utility customers in accordance with rates adopted by the City Council. Wastewater rates fund the cost to operate, maintain and replace existing collection and treatment facilities; and The current wastewater rates were established following a rate study and balloting procedure in 2019 and included five-year phased increases which ends in 2024; and The Stormwater rate was developed in 1992 for implementation of the first phase of the Clean Water Act and was not intended to fund the costs for subsequent maintenance and regulatory costs; and
The Stormwater rate has not changed since first adopted in 1992 and is insufficient for funding necessary maintenance and increasing regulatory requirements; and It is necessary to complete additional rate studies to confirm appropriate funding levels for the ongoing cost to operate, maintain, and replace utility infrastructure; and On April 27, 2023, sealed proposals for Wastewater Utility and Stormwater Utility Cost of Service Rate Studies (PUR-23-027); and
Proposals were evaluated based on each firm’s understanding of the work, project approach, specific experience with similar studies, qualifications of the proposed team, and the quality and clarity of the proposal; and
HDR Engineering, Inc. met, or exceeded, the requirements and was found to be best qualified proposer; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process. 1237
These findings include:
a. The Wastewater and Stormwater Utilities are Enterprise Funds. Operation and maintenance activities for each utility are supported by the specific utility ratepayers and rates must reflect the cost of operating the utility. b. Article XIII D of the California Constitution defines the requirements for conducting rate studies including the fee or charge method of calculation proposed to be imposed upon each parcel.
c. Recent court decisions require rate study reports every five years. d. The City does not have the technical expertise to prepare the study in a timely and cost-effective manner for completion in 2024.
e. The use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for consultant selection. The use of these criteria helps ensure the selection of a consultant that will provide the highest quality professional service, which is in the public interest.
f. It is in the public interest to have well established rates to ensure proper funding for the operation of the Wastewater Utility and Stormwater Utility. A qualification and performance-based consultant selection will ensure the ratepayers are paying appropriate rates for the services provided. g. The City negotiated a contract following the solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
2. A Professional Service contract (Exhibit 1 to the Resolution) with HDR Engineering, Inc. of Folsom, California for the Wastewater and Stormwater Utilities Cost of Service Rate Studies, Project No. PUR 23-027 in the amount of $334,995 is hereby awarded.
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3. The City Manager or designee is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED August 22, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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1 (Rev. 10.27.22)
STANDARD AGREEMENT
CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:
1. This Agreement is entered into between the City of Stockton (“City”) and HDR Engineering, Inc. (“Contractor”) to provide Wastewater and Stormwater Cost of Service Rate Studies as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: July 1, 2023 Terminates on: December 31, 2024
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ 334,995.00
4. 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.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms and Conditions
(d) Exhibit D – Goods and Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G – Discrimination and Harassment Policy (HR-15) (h) Exhibit H – Request for Proposal Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
HDR Engineering, Inc
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
CITY OF STOCKTON
Harry Black, City Manager Date
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
June 16, 2023
Holly Kennedy, Senior Vice President
2365 Iron Point Road, Suite 300, Folsom, CA 95630
EXHIBIT 1 Contract for WW & SW Rate Studies
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EXHIBIT A
STATEMENT OF WORK
1. Project Scope
Contractor shall provide professional and technical assistance in the development of comprehensive wastewater and stormwater cost of service rate studies in compliance with Proposition 218 requirements.
City will provide documentation or reports to the Contractor as necessary for the completion of the tasks in Section 3 Tasks That Support the Deliverables in this Exhibit.
The rate study shall have the following three (3) analytical elements:
a. Revenue Requirement Analysis: The revenue requirement analysis evaluates the adequacy of the City’s existing rates to meet the financial policies and/or financial planning targets (e.g., DSC, minimum reserves, replacement funding). The key component shall be developing a funding plan for the capital improvement plan for each utility.
b. Cost of Service Analysis: The cost of service analysis shall proportionally distribute the costs to the identified customer groups served by the City. A detailed review of the City’s customer classes for each utility shall be undertaken and any recommended class adjustments shall be discussed with the City. The cost of service shall provide the City with the cost-based level of revenue necessary for each customer class of service.
c. Rate Design Analysis: Finally, given an appropriate level of funding for Operations and Maintenance (O&M) and capital needs, along with a proportional distribution of the allocated costs (i.e., revenue requirement), the rate design analysis shall develop the proposed rates. In designing the proposed rates, consideration shall be given to establishing cost-based rates (fixed/volumetric charges), in compliance with California constitution Article XIII D, Section 6 (Article XIII D), or Proposition 218.
2. Major Deliverables
Contractor shall provide a written report, public outreach, presentations to the Water Advisory Group and the Council Water Committee, and public hearings.
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3. Tasks That Support the Deliverables
Task 1 – Project Management
This task includes the general project management activities that are required to manage schedule, budget, resources and to communicate with the City. Contractor shall work with the City’s Project Manager to schedule project activities and provide regular communication (e.g., bi-weekly conference calls) and monthly invoicing and progress reports.
Task 2 – Initial Kick-Off Meeting
An initial project “kick-off” meeting shall be held at the City’s offices with Contractor and City project team. At this meeting Contractor shall be prepared to discuss study goals, objectives, and review data needs to develop and review the overall methodology. This shall include an evaluation of the current wastewater and stormwater rates and the customer classes of service to be analyzed within the study.
Task 3 – Data Collection and Review
Contractor shall provide an initial written data request detailing the data and information (e.g., financial, statistical, customer) required to conduct each rate study.
For those areas where the data is not readily available or will require significant labor and expense on the City’s part to provide, Contractor and the City shall determine the “sensitivity” or “importance” of the data required and whether alternative data sources are available.
Task 3A – Wastewater Utility Data Collection
The data required for the wastewater utility should be readily available. The City shall provide wastewater billing on volumes, and for those customers billed on the basis of strength levels, the billed strengths. As a part of the study, information on strength levels by customer class of service will be requested.
Task 3B – Stormwater Utility Data Collection
The data required for the stormwater utility will be focused on parcel data and information. Data will be provided to the Contractor in a format that is easily transferred to a usable format. For the impervious lot area information, the City will provide individual parcel data and impervious area (density development factors) for those customers billed under the impervious area method.
Contractor shall work with the City to select the appropriate method to accumulate and receive data in a manner that is usable to the rate study.
Task 4 – Review of the City’s Financial and Rate Setting Policies Contractor shall work with City staff to review the existing financial and rate setting policies. Contractor, in collaboration with the City, shall update or supplement the existing policies with industry standard policies to establish an updated set of written EXHIBIT 1 Contract for WW & SW Rate Studies
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financial policies. These policies then become an input into, and the basis for, the development of technical analysis. At the completion of this task a project meeting (Virtual Meeting #1) shall be held to review and discuss the updated policies.
Task 5 – Baseline Revenue Requirement Analysis
Contractor shall develop the “baseline” revenue requirement for each utility using generally accepted rate-setting methodology, while also incorporating best industry financial planning and rate practices, and the City’s unique customer and system characteristics. Contractor shall review the various sources of funds (revenues) and compare them to the applications of funds (expenses) of each utility, while considering the prudent and proper funding for operating and maintenance (O&M) and capital expenditures.
The revenue requirement shall be developed for a 20- year time period, with a focus, for rate-setting purposes, on the initial five-year period.
Contractor shall review water consumption history for the City’s commercial and industrial customers and work with the City to develop a reasonable projection for wastewater billing volumes and the resulting wastewater revenues.
For stormwater, the proposed revenues are based on the current rate structure and the impervious area and equivalent residential unit (ERU) calculation. The stormwater revenue shall be projected based on the data provided by the City.
The Contractor shall project the City’s O&M expenses from an adopted budget, or prior year actual expenditure levels, and adjusted for known changes in levels of service or personnel for each utility. Future projections of O&M expenses shall be based on historical inflationary factors experienced by the City and projections of future impacts. This approach is used to establish the level of O&M expenditures for the projected 20-year period. The projection of the capital projects shall be based upon the City’s current capital improvement plan for each utility. Emphasis shall be placed upon adequately and consistently funding from rates an amount for renewal and replacement facilities. In addition to the funding provided from rate revenues, the analysis shall also review other capital improvement funding sources (e.g., grants, long-term debt, reserves, connection fees, developer contributions). Given a better understanding of the overall magnitude of the needed capital projects, a final capital funding plan shall be developed that meets the City’s goals and objectives, while attempting to minimize the impacts to rates over time.
In developing the overall revenue requirement, consideration shall also be given to the City’s financial policies and other financial planning criteria as identified in Task
4. These may be items such as the minimum funding of capital projects from rates (≥ annual depreciation expense), minimum target for debt service coverage (e.g., ≥
1.15 DSC), or minimum reserve levels.
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Once a draft of the revenue requirement has been developed, an internal project meeting with the City’s project team shall be held to review the analysis (City Staff Meeting #1). This meeting is intended to review the overall methodology used, review the analyses on a line-by-line basis to confirm with the City the appropriateness of the data and assumptions used within the analysis for each utility. This will provide an opportunity for the City to review the development of the rate model and provide suggestions/ changes. Given the input and direction during the project meeting, the final revenue requirement shall be developed for discussion with City staff. A project meeting (Virtual Meeting #2) shall be held to review and discuss the updated policies.
Task 6 – Development of Alternative Revenue Requirements At the conclusion of Task 5, the “baseline” revenue requirement shall be developed and reviewed with the City project team. Based on the results, Contractor shall work with the City project team to determine alternative analyses to consider the overall revenue (rate) impacts based on changes in capital projects, funding, and O&M for each utility. Contractor shall provide up to three alternative revenue requirement analyses for review and discussion with the City project team for each utility.
Contractor shall work with the City to determine the alternatives and at the completion of the draft analyses a single half-day meeting shall be held at the City’s offices (City Staff Meeting #2) to review the results of the requested alternatives and develop the final revenue requirement alternative(s). Based on the direction for developing the alternative revenue requirements, the final revenue requirement alternatives for each utility shall be developed for discussion with City staff. A project meeting (Virtual Meeting #3) shall be held to review and discuss the final revenue requirement analyses.
Optional Task – Stormwater Public Opinion Survey
If needed in the scope, an optional task includes a customer opinion survey at the start of the project given obtaining sufficient property owner ballot support for increased stormwater rates can be very challenging. Depending upon the results of the revenue requirement analysis, it may be important for the City to gain a better understanding of the potential level of support for increased stormwater rates, prior to the City making the important decision to proceed with a balloting process.
As an optional task, Contractor shall collaborate with the City to develop a survey of property owners to better measure and gauge the potential level of support and gain an understanding of the potential stormwater rate that is acceptable to the community. If the City selects for this task, Contractor shall develop a survey and a determination of how the survey shall be conducted (e.g., virtual, emailed, mailed).
If mailed by Contractor, this would be an additional cost based on the actual cost of mailing the survey. Based on survey results, Contractor and the City will review the public outreach approach and determine the next steps to gain public approval for the proposed stormwater rates.
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Task 7 – Water Advisory Group Presentation (#1)
The scope of services presented herein has been developed with tasks placed in a relative sequential order. At this point of the project, Contractor would present the selected alternative(s) to the Water Advisory Group (WAG) for review and comment.
Contractor would start the presentation with a summary of the rate setting process and outline the key policy areas for input.
Next, a review of the revenue requirement alternative(s) for each utility (assuming a simultaneous completion) would be presented to gain input from the WAG. This is an important stopping and check-in point as the overall results of the revenue requirement need to be used in the development of the cost of service analysis.
Therefore, it is recommended that preliminary policy direction be provided at this point of the study so that the cost of service can be developed based on the recommended alternative. This will allow the WAG to provide preliminary policy direction based on the developed alternative(s).
At this WAG meeting, Contractor would also present an overview of the approach for developing the cost of service analysis and rate designs. Contractor would address input and feedback that the WAG provides on key cost of service policy level discussions, which would include a review of the customer classes of service and alternative rate structures. This discussion and feedback will help provide direction and “jump start” the next two tasks. This will not result in the “final” decision for the cost of service and rate structures, but rather, simply provide a starting point for the analysis and future review and discussions.
Task 8 – Cost of Service Analysis
Contractor shall address the legal requirements of Proposition 218 (California Constitution Article XIII D) to develop the cost basis for the rate structure and customer classes of service. Contractor shall provide clear documentation of the cost basis and proportionality of the City’s proposed rates.
The objective of a cost-of-service study shall be to proportionally distribute the revenue requirement between the customer classes of service (for wastewater single-family, multi-family, commercial, industrial, and stormwater on an ERU basis).
The cost of service analysis shall provide calculated average unit costs, which is the cost basis for the proposed rates.
Contractor shall review the customer characteristics and current customer classes of service, and work with the City project team at the start of the analysis to determine the appropriate customer classes of service.
The selected revenue requirement alternative developed in the previous tasks shall be proportionally distributed between the identified customer classes of service of each utility. For cost of service purposes, a single year is used to allocate costs. The results of this task will be a proportional distribution of costs to the identified customer EXHIBIT 1 Contract for WW & SW Rate Studies
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classes of service for each utility to establish the proposed rates. As noted above, the cost of service approach is similar for the wastewater and stormwater utilities.
However, the stormwater utility approach is simplified given the billing approach on an ERU basis.
From the above process, a summary page of the cost of service study will be developed. The summary page compares the difference between the current level of rate revenues received from each class of service, and the distributed costs to each customer class of service for each utility. This provides the City with an understanding of the relationship between the costs each customer class of service places on the system and the revenues received from the customers. The cost of service will also provide average unit costs, or cost-based rates, which are used in the development of the final proposed wastewater rate designs.
At the completion of the draft cost of service analysis, a half-day project meeting will be held at the City’s offices (City Staff Meeting #3) to review and discuss the draft results for each utility. This will allow Contractor to walk the City through the methodology and approach to the cost distribution and for the City to review the assumptions and provide input and feedback on the development of the final cost of service analysis. Based on the input and direction during the project meeting, the final cost of service analysis for each utility will be developed for discussion with City staff. A project meeting (Virtual Meeting #4) will be held to review and discuss the final cost of service analysis for each utility.
Task 9 – Rate Design Analysis
The City’s present wastewater and stormwater rate designs shall be reviewed to confirm how well they align (perform) with the City’s current rate-setting goals and objectives. Based on the identified customers classes of service developed in the cost of service analysis, up to two alternative rate designs shall be prepared for each customer class of service for review and consideration by the City. Each alternative shall meet the targeted revenue needs (i.e., revenue requirement) over the projected time period and be cost-based.
Contractor shall confirm billing system limitations during the rate design process. For all rate structure alternatives developed, bill comparisons shall be developed that demonstrate the impacts to customers across various levels of usage. These shall be presented in both table and graphical format. Contractor shall work with the City to review the alternative rate structures. The study shall also include a comparison to up to ten other comparable wastewater utilities in Northern California, with a focus on utilities in Northern San Joaquin County.
Task 9A – Wastewater Utility Rate Design Analysis
Contractor shall design the rates for the wastewater utility following the existing rate structures. For residential customers, volume-based billing methods may be EXHIBIT 1 Contract for WW & SW Rate Studies
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explored. For high-strength customers, a review shall be undertaken of the rates for high strength BOD and SS.
Task 9B – Stormwater Utility Rate Design Analysis
Within the cost of service analysis, the definition of an ERU shall be reviewed and brought forward to the rate design process. The City’s current approach for stormwater rate design is reasonable in that it takes into account lot size and development density. As part of the rate designs, Contractor shall review these density factors (groupings) with the City for reasonableness.
At the conclusion of the draft rate designs, a half-day project meeting at the City’s offices (City Staff Meeting #4) shall be held to review and discuss the draft rate design analysis and alternatives for each utility. The final rate designs shall be developed based on the input and direction during the city staff meeting and a project meeting (Virtual Meeting #5) shall be held to review and discuss the proposed rates for each utility.
Task 10 – Water Advisory Group Presentation (#2)
At the conclusion of Tasks 8 and 9, Contractor shall work with City staff to present the draft results of the cost of service and rate alternative(s) to the WAG to gain policy direction and feedback. This meeting with the WAG will review the identified customer classes of service and revisit the purpose and approach for the cost of service analysis. Contractor shall request input from the WAG on the key policy decisions for the cost of service. Additionally, rate design alternative(s) shall be reviewed and discussed with the WAG to gain direction on their preferred alternative.
Task 11 – Development of the Final Draft Study Recommendations Based on the input from the WAG, Contractor shall work with the City project team to develop the final draft study recommendations. This shall include the final revenue requirement alternative, and subsequent rate transition plan for the next five-year period, along with the cost of service analysis and selected rate structure alternative.
This draft final analysis shall become the basis for the next steps (tasks) of the study.
Contractor and the City project team shall meet with City administration (Key Study Recommendation) to present the draft final findings and conclusions of the study.
Task 12 – Council Water Committee Presentation (#1)
Contractor shall present the draft final study results to the Council Water Committee to gain policy direction on the draft final study recommendations for each utility. This presentation will include a summary of the revenue requirement, cost of service, rate design findings, conclusions, and recommendations for each utility. This presentation will also discuss the alternatives considered and the advantages/disadvantages of the recommended approach so that the Council Water Committee gains a full understanding of the breadth of the study and considerations of each study.
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Task 13 – Written Documentation
Upon completion of the technical analysis, Contractor shall develop a draft written report of each rate study (separate report for wastewater rand stormwater). The written report is key to developing the administrative record to meet the intent of Proposition 218. Contractor’s comprehensive report shall document the activities undertaken as a part of the study, along with findings, conclusions, and recommendations to support the final proposed wastewater rates. The initial draft written report shall be reviewed by the City and comments/corrections included within the draft final report.
Contractor shall develop a draft final report for the City to make publicly available during the Proposition 218 process for each utility. The report shall stay at a draft final level, given the study results are not final until the Proposition 218 process is complete and the City Council adopts the final proposed rates. At the completion of the final rate hearing, and final City Council direction on the proposed rates, Contractor shall develop a final report documenting the City Council discussion and direction. Draft, draft final, and final written reports shall be provided electronically.
Task 13A – Wastewater Utility Written Report
The written report for the wastewater utility shall be similar to the report prepared by Contractor for the most recent wastewater rate study completed for the City. An Engineer’s Report is not required under Proposition 218 proceedings for wastewater.
Task 13B – Stormwater Utility Written Report and Engineer’s Report The stormwater utility will require an Engineer’s Report. The Contractor shall prepare a written report similar to the report prepared for the wastewater utility to provide documentation of the activities and technical analyses undertaken. In addition, the Contractor shall prepare an Engineer’s Report which contains, at a minimum, an explanation of the method of assessment, a description of the properties affected, and an assessment roll (Note: Due to the size of the assessment roll, it is often referenced in the report as being available at the City Clerk’s office).
Task 14 – Proposition 218 Assistance
Contractor shall assist the City in the development of Proposition 218 material and customer notification. Contractor shall work collaboratively with the City project team, and City Attorney’s department, to develop the initial Proposition 218 customer notification. Customer notification is one of the primary requirements of meeting the intent of Proposition 218. This notification must state the basis for the proposed rates, outline the overall proposed rates, and state the date and time of the public hearing.
The wastewater customer notification does not need to be parcel specific, while the stormwater customer notification does. For both utilities, the customer notification must be received by the customer at least 45 days prior to the noticed public hearing date and time.
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Task 15 – Proposition 218 Customer Notification Mailing and Balloting To adopt new wastewater and stormwater rates, the City will undertake a Proposition 218 process for each utility. Contractor understands the different Proposition 218 procedures or processes that shall be used for the wastewater utility and the stormwater utility. For that reason, this task is separated between the two utilities. In addition, based on the prior studies Contractor has completed for the City, this scope and fee have assumed that the City will be responsible for printing, mailing and tabulation/ verification, while Contractor shall contribute content, as well as layout and preparation.
Task 15A – Wastewater Proposition 218 Noticing Services Noticing shall provide an opportunity for customers/property owners to provide a protest to the proposed rates/fees. For the wastewater utility, the customer notification is not parcel specific under the requirements of Proposition 218. Given that, the City’s billing records shall be the starting point of the customer mailing list.
Contractor shall work with the City and City legal counsel, in developing the mailing list for the wastewater Proposition 218 notification.
Task 15B – Stormwater Proposition 218 Balloting Services The Proposition 218 requirements for stormwater include balloting services for each parcel served by the City’s stormwater utility.
For this task, Contractor shall work collaboratively with City staff to develop the final customer notification mailing list for each utility based on guidance from the City Attorney’s department.
Task 16 – Public Outreach
The City has noted at least two public outreach meetings to provide information to the public on the study results and recommendations. Contractor shall design meaningful, focused, and equitable stakeholder and community engagement with the integration of traditional, social media, and online meeting tools to expand coverage and engage under-served populations in the process. Materials shall be designed and translated in other languages, as appropriate, to make sure materials are culturally sensitive and appropriate for the target population in the project areas.
Contractor shall consistently communicate with project partners, stakeholders, and the public through email updates, webinar presentations and in-person briefings are critical to share the project’s progress, and to maintain project support.
Contractor Shall complete a stakeholder analysis. Contractor shall work with the City to map a variety of risk and stakeholder considerations including current and historical social, political and regulatory risks in the study area and past major development projects (positive or negative) as well as identification of key influencers/decision makers and addressing potential unique socioeconomic issues.
Findings from this assessment shall be used to develop a tailored and comprehensive Public Outreach Strategy. This roadmap shall include who will be EXHIBIT 1 Contract for WW & SW Rate Studies
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engaged, how they will be engaged, key messages, desired outcomes, strategies by audience, tools and materials, tactical action steps, schedules, and success measurement methodology. The Public Outreach Strategy shall also incorporate targeted activities towards environmental justice populations and work with key community and civic organizations to reach those audiences.
TRADITIONAL TOOLS: Stakeholder Coordination
Stakeholder groups such as business organizations, residential associations, advocacy groups, faith-based or educational leaders shall be asked to partner with the City to help spread the word about the rate study, provide information, and encourage them to engage their friends, colleagues, and neighbors. Initial communications with these groups will be conducted through one-on-one meetings, email correspondences or phone calls to discuss level of participation and coordination efforts as well as the appropriate communication tools to reach the target audiences. These advocates/influencer partners will act as a conduit to disseminate updates and key messaging to a wider audience than those included in the stakeholder database. Examples of coordination and communication activities that will occur through the rate study include:
• Preparation of electronic email newsletters
• Rate study promotion and updates (through organization publications and social media site such as posting and/or sharing)
• Addition of website link or graphic on organization websites • Presentations to established organization members
• Distribution of informational materials to organization members Public Open House Meetings (2)
In addition to stakeholder outreach, two Public Open House meetings shall be held to build awareness and garner feedback from the general public about the rate study.
Each open house shall be hosted in the evening for the larger general public and include possible display boards, a presentation, and facilitated question and answer session. The public will be able to talk one-on-one with project team members, review information, and provide input via comment card submittal or verbally through the question and answer session. The meetings shall occur at critical milestones in the rate study process, but after each WAG meeting, and before each City Council meeting and hearing. The open houses shall cover the same topics as the WAG meetings, but will have a broad “bigger picture” perspective.
Online Public Open Houses (2)
Contractor shall take each of the in-person Public Open House meetings and create an Online Public Open House meeting to complement them. The online meeting shall house the same information; however, it offers the public a more convenient alternative to the traditional, one-time opportunity of attending the evening meeting.
This online environment shall be available for attendance 24/7 for up to four weeks and will allow the participants to view the information and provide input from the EXHIBIT 1 Contract for WW & SW Rate Studies