REQUEST FOR STATEMENT OF QUALIFICATIONS AND … · 2020. 4. 23. · request for statement of qualifications and proposal for . storm drain operations and maintenance inspection and

REQUEST FOR STATEMENT OF QUALIFICATIONS AND PROPOSAL FOR

STORM DRAIN OPERATIONS AND MAINTENANCE INSPECTION AND CLEANING

TOWN CIP NO. 20-102

BID OPENING:

2:00 p.m. on Tuesday May 5, 2019

TOWN OF MORAGA 329 RHEEM BOULEVARD

MORAGA, CA 94556

TABLE OF CONTENTS Notice Inviting Proposal Bids

Instructions and Information for Bidders

Bid Proposal Bid

Schedule

Subcontractor List

Noncollusion Affidavit

Bidder’s Questionnaire

Contract

General Conditions

Supplemental General Conditions Special Provisions Appendix

A – NCE Memorandum, CCTV and Hydrovac Guidance

B – MUTCD Temporary Traffic Control Figures

C – Insurance Forms

D – California Storm Water BMP Handbook September 2014 SC-10, SC-11, SC-44


TOWN CIP NO. 20-102 APPROVED FOR ADVERTISING:

SHAWN KNAPP, P.E. DATE PUBLIC WORKS DIRECTOR/TOWN ENGINEER

NOTICE INVITE BID Page 4

NOTICE INVITING PROPOSAL BIDS

1. The Town of Moraga (“Owner”), will accept sealed bids for STORM DRAIN OPERATIONS AND MAINTENANCE INSPECTION AND CLEANING (“Project”), by or before May 5, 2020 at 2:00 p.m., at the Town Offices, 2nd Floor, Public Works Department, located at 329 Rheem Boulevard, Moraga, California, 94556 at which time the bids will be publicly opened and read aloud. Owner reserves the right to reject any and all bids, to re-bid, or to waive any nonsubstantive irregularities or defect in the bids.

2. Pursuant to California Public Contract Code Section 3300, this Project requires the following certifications: NAASCO PACP Certification and NAASCO MACP Certification. Failure to possess the specified license(s) at the time the bid is submitted shall render the bid non-responsive. All work and equipment utilized shall conform to FED-OSHA and CAL-OSHA Title 8 requirements, including, but not limited to work performed in confined spaces and/or gas hazardous environments.

3. The base Scope of Work (“Work”) includes but is not limited to: An on-call contract for three years, to establish a contract that will extend through calendar years 2020, 2021, and 2022 with an option to extend through calendar years 2023 and 2024 that includes the following:

1. Provide pipe condition ratings for up to 5,000 linear feet of storm drain pipe each year using the NASSCO PACP Condition Grading System for the Categories: Structural and O&M.

2. Provide manhole condition ratings each year using the NASSCO MACP Condition Grading System for those manholes associated with the storm drain pipe listed in item 1 above for the Categories: Structural and O&M.

3. Provide routine hydrovac cleaning for up to five (5) days each year. Additional hydrovac services may be required in support of CCTV inspections.

4. CCTV and hydrovac data shall be electronically reported for use within the Town’s storm drain GIS system (the details of which will be provided).

The Estimated Cost for 2020 is $27,000. 4. The plans, specifications, and contract documents for the Project (“Contract Documents”) may be obtained from the Public Works Department of the Town of Moraga, at 329 Rheem Boulevard, Moraga, CA, (925) 888-7026.


Contract Documents will be available on/after April 10, 2020. Contractors may obtain a copy of the Contract Documents for a nonrefundable payment of Twenty-Five Dollars ($25.00) per set in the form of a cashier’s check, money order, or certified check payable to the Town of Moraga. An additional nonrefundable charge of Twenty-Five Dollars ($25.00) will be required for contract documents that are mailed to Contractor. Contract documents may also be obtained through the Town website by e-mail at no cost. Please contact Public Works Administration at [email protected] for information regarding electronic contract documents. Owner does not guarantee the arrival of Contract Documents in time for bidding.

Additionally, the Contract Documents may be viewed on or after April 10, 2020 and on an open plan room policy at the following Contractor/Builder exchanges:

A. DODGE DATA & ANALYSIS, 830 Third Avenue, 6th Floor, New York, NY 10022, Website: www.construction.com; Email: [email protected]; Phone 877-784-9556. This is an online exchange.

B. CONSTRUCTION BIDBOARD, Inc. (eBidboard), 11622 El Camino Real #100., San Diego, CA 92130. Phone: 1-800-479-5314, Fax: 1-619-688-0585. This is an online exchange.

C. MARIN BUILDERS EXCHANGE, 660 Las Gallinas Avenue, San Rafael, CA 94903, Website: www.marinbuilders.com; Email: [email protected]; Fax 415-462-122; Phone 415-462-1220.

D. PLACER COUNTY CONTRACTORS ASSOCIATION & BUILDERS EXCHANGE, 10656 Industrial Avenue, Suite 160, Roseville, CA 945678; Website: www.pccamembers.com; Phone: 916-771-7229; Fax: 916-771-0556.

E. BAY AREA BUILDER'S EXCHANGE OF ALAMEDA COUNTY, 3055 Alvarado Avenue, San Leandro 94577, CA 94577; Website: bayareabx.com; Email: [email protected]; Phone 510-483-8880.

F. BAY AREA BUILDERS EXCHANGE, 2440 Stanwell Drive, Suite B, Concord, CA 94520; Website: www.bayareabx.com; Phone 925-685-8630.

mailto:[email protected]

http://www.construction.com/


http://www.marinbuilders.com/


http://www.pccamembers.com/


http://www.bayareabx.com/


G. PENINSULA BUILDERS EXCHANGE, 735 Industrial Road, San Carlos, CA 94070; Website: www.safetystar.org/safetystar; Phone 650-591-4486.

H. BUILDER’S EXCHANGE OF STOCKTON, 4561 Quail Lake Drive, Suite B2, Stockton, CA 95207; Website: www.besonline.com; Email: [email protected]; Phone: 209-478-1000.

It is the responsibility of the Bidders to obtain from the Town’s website or in person at the Engineering Division office any and all changes to the plans, specifications, proposal forms, addenda other project notifications and documents during the bid process. A bid is invalid if it has not been deposited at the designated location prior to the time and date for receipt of bids indicated in the Notice Inviting Bids or prior to any addendum extension thereof.

5. Each bid must be submitted using the Bid Proposal Form provided with the Contract Documents. In accordance with California Public Contract Code Section 20170, each Bid Proposal must be accompanied by bid security of ten percent (10%) of the maximum bid amount, in the form of a cashier’s or certified check made payable to Owner, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security shall guarantee that upon award of the bid, the bidder shall execute the contract and submit payment and performance bonds and insurance certificates as required by the Contract Documents within seven (7) days following notice of award of the Contract. 6. Bidders are solely responsible for the cost of preparing their Bids. 7. Owner specifically reserves the right, in its sole discretion, to reject any or all Bids, to re-bid, or to waive inconsequential defects in bidding not involving time, price or quality of the work. Owner may reject any and all Bids and waive any minor irregularities in the Bids. 8. Pursuant to California Labor Code Section 1771, this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. These prevailing rates, as determined by the Director of the California Department of Industrial Relations, are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight (8) hours. The rate for holiday and overtime work shall be at least time and one-half.

9. Performance and payment bonds will be required of the successful bidder.

http://www.safetystar.org/safetystar

http://www.besonline.com/


http://www.dir.ca.gov/DLSR


10. The substitution of appropriate securities in lieu of retention amounts fromprogress payments is permitted in accordance with Public Contract Code Section22300.

11. Pursuant to Public Contract Code Section 4104 each Bid Proposal mustinclude the name and location of the place of business of each subcontractor whoshall perform work or service or fabricate or install work for the prime contractor inexcess of one-half of one percent (½ of 1%) of the bid price, using theSubcontractor List form included with the Contract Documents.

12. No bid may be withdrawn for a period of sixty (60) days after the date set forthe opening for bids except as provided pursuant to Public Contract Code Sections5100 et seq.

13. Additional information is provided in the Instructions and Information forBidders, which should be carefully reviewed by all bidders prior to submitting a BidProposal.

14. A non-mandatory pre-bid conference meeting will be held on April 21, 2020 at 2:00 PM: The meeting will occur at 329 Rheem Boulevard, Moraga, CA forthe purpose of acquainting all prospective bidders with the bid documents and theWorksite. The bidders’ conference is non-mandatory and, due to the current‘Shelter in Place’ order from Contra Costa County (HO-COVID19-03), videoconferencing may occur in lieu of an in-person meeting. For those interested inparticipating in the pre-bid conference, email Mark Summers [email protected] prior to April 16 at 2:00 PM.

All questions shall be submitted by email to both [email protected] and [email protected] by April 28, 2020 at 2:00 PM.

The County Health Order(s) can be found in the following link: https://cchealth.org/coronavirus/pdf/2020-0331-Health-Officer-Order-COVID19.pdf.

15. A contractor or subcontractor shall not be qualified to bid on, be listed in abid proposal, subject to the requirements of Section 4104 of the Public ContractCode, or engage in the performance of any contract for public work, as defined inthis chapter, unless currently registered and qualified to perform public workpursuant to Section 1725.5. It is not a violation of this section for an unregisteredcontractor to submit a bid that is authorized by Section 7029.1 of the Businessand Professions Code or by Section 10164 or 20103.5 of the Public Contract Code,provided the contractor is registered to perform public works pursuant to Section17.25.5 at the time the contract is awarded. On or after March 1, 2015, any bidssubmitted without proof that bidder and any listed subcontractor(s) are currentlyregistered and qualified to perform public work, pursuant to Labor Code Section1725.5, shall not be accepted by Owner.

16. The project is subject to compliance monitoring and enforcement by the

https://cchealth.org/coronavirus/pdf/2020-0331-Health-Officer-Order-COVID19.pdf




https://cchealth.org/coronavirus/pdf/2020-0331-Health-Officer-Order-COVID19.pdf


Department of Industrial Relations (California Labor Code Section 1771.4).

TOWN OF MORAGA

SHAWN KNAPP, P.E. DATED PUBLIC WORKS DIRECTOR/TOWN ENGINEER

Publication Date: April 10, 2020.

4/23/2020

INSTRUCTIONS AND INFORMATION FOR BIDDERS Page 1

INSTRUCTIONS AND INFORMATION FOR BIDDERS

Each Bid Proposal submitted to the Town of Moraga (“Owner”) STORM DRAIN OPERATIONS AND MAINTENANCE INSPECTION AND CLEANING (“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission. Each bid “(Bid Proposal”) must be sealed andsubmitted to the Owner by or before the date and time and at the location setforth in the Notice Inviting Bids, or as amended by subsequent addendum.Faxed Bid Proposals will not be accepted. Late submissions will be returnedunopened.

2. Examination of Contract Documents and Project Site. Each bidder issolely responsible for thorough review of the Contract Documents (as defined inthe General Conditions) and the examination of Project site prior to submitting aBid Proposal. However, bidders should not enter onto Owner’s property or theProject site without prior authorization from Owner. Bidders are responsible forreporting any errors or omissions in the Contract Documents to Owner prior tosubmitting a Bid Proposal, subject to the limitations of Public Contract CodeSection 1104.

3. Requests for Information. Bid inquiries regarding the Project must besubmitted in writing or by email to Public Works Administration([email protected] ) and Mark Summers ([email protected])must be submitted at least ten days prior to the bid opening. The subject line forany such bid inquiry shall include a reference to STORM DRAIN OPERATIONSAND MAINTENANCE INSPECTION AND CLEANING Project, Bid Inquiry –Contract No. CIP 20-102 or shall not be deemed valid.

4. Addenda. Any addenda issued prior to Bid Time shall constitute part ofthe Contract Documents. Owner reserves the right to issue addenda prior to BidTime, subject to the limitations of Public Contract Code section 4104.5.

5. Brand Designations and “Or Equal” Substitutions. Any specificationdesignating a material, product, thing, or service by specific brand or trade name,followed by the words “or equal,” is intended only to indicate quality and type ofitem desired, and bidders may request use of any equal material, product, thing,or service. All data substantiating the proposed substitute as an “equal” item mustbe submitted with the written request for substitution. A request for substitutionmust be submitted within the time period provided in the specifications. If no timeperiod is specified, the substitution request may be submitted any time withinthirty-five (35) days after the date of award of the contract. This provision doesnot apply to materials, products, things, or services that may lawfully bedesignated by a specific brand or trade name pursuant to Public Contract CodeSection 3400(c).

mailto:([email protected]


6. Bidders Interested in More Than One Bid. No person, firm, orcorporation may submit or be a party to more than one Bid Proposal unlessalternate bids are specifically called for. However, a person, firm, or corporationthat has submitted a subcontract proposal or quote to a bidder may submitsubcontract proposals or quotes to other bidders and may also submit a BidProposal as a prime contractor.

8. Bidder Information. Each Bid Proposal must be signed by the bidder’sauthorized representative. Bid Proposals submitted by partnerships must besigned in the partnership name by a general partner with authority to bind thepartnership. Bid Proposals submitted by corporations must be signed with thelegal name of the corporation, followed by the signature and designation of thepresident, secretary, or other person authorized to bind the corporation.

11. Bid Protest. Any bid protest must be in writing and received by theOwner at the Public Works Department, 329 Rheem Boulevard, Moraga, CA94556 before 5:00 p.m. no later than two (2) working days following bid opening(the “Bid Protest Deadline”) and must comply with the following requirements:

11.1 Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.

11.2 The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address and telephone number of the person representing the protesting bidder if different from the protesting bidder.

11.3 A copy of the protest and all supporting documents must also be transmitted by fax or by e-mail, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

11.4 The protested bidder may submit a written response to the protest, provided the response is received by Owner before 5:00 p.m., within two (2) working days after the Bid Protest Deadline or after receipt of the bidprotest, whichever is sooner (the “Response Deadline”). The responsemust include all supporting documentation. Material submitted after theResponse Deadline will not be considered. The response must includethe name, address and telephone number of the person representing theprotested bidder if different from the protested bidder.

11.5 A copy of the response and all supporting documents must also be


transmitted by fax or by e-mail, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest

11.6 The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

12. Rejection of Bids and Award of Contract. Owner reserves the right,acting in its sole discretion, to waive nonsubstantive bid irregularities, the right toaccept or reject any and all bids, to rebid or to abandon the work entirely. TheContract will be awarded, if at all, within fourteen (14) calendar days afteropening of Bids, to the responsible bidder submitting the lowest responsive bid,as set forth in the Bid Proposal.

14. Evidence of Responsibility. Within seventy-two (72) hours following arequest by Owner, a bidder shall submit to the Owner satisfactory evidenceshowing the bidder's financial resources, the bidder's experience in the type ofwork being required by the Owner, the bidder's organization available for theperformance of the contract and any other required evidence of the bidder'squalifications to perform the proposed contract. The Owner may consider suchevidence before making its decision awarding the proposed Contract.

15. License(s); Contractor Registration. The successful bidder and itssubcontractor(s) must possess the California contractor’s license(s) in theclassification(s) required by law to perform the work, as indicated in the NoticeInviting Bids, and must be registered with the Department of Industrial Relations.A contractor or subcontractor shall not be qualified to bid on, be listed in a bidproposal, subject to the requirements of Section 4104 of the Public ContractCode, or engage in the performance of any contract for public work, as defined inthis chapter, unless currently registered and qualified to perform public workpursuant to Section 1725.5. It is not a violation of this section for anunregistered contractor to submit a bid that is authorized by Section 7029.1of the Business and Professions Code or by Section 10164 or 20103.5 of thePublic Contract Code, provided the contractor is registered to perform public workspursuant to Section 17.25.5 at the time the contract is awarded. On or after March1, 2015, any bids submitted without proof that bidder and any listedsubcontractor(s) are currently registered and qualified to perform public work,pursuant to Labor Code Section 1725.5, shall not be accepted by Owner. Theproject is subject to compliance monitoring and enforcement by the Department ofIndustrial Relations (California Labor Code Section 1771.4).

20. Owner’s Representative. Owner’s designated representative for thisProject is Shawn Knapp, Public Works Director / Town Engineer.

BID PROPOSAL Page 1

BID PROPOSAL


Town CIP No. 20-102

(“Bidder”) hereby submits this Bid Proposal to Town of Moraga (“Owner”) for the above- referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein.

1. Base Bid. Bidder proposes to perform and fully complete the Work for theProject as specified in the Contract Documents, within the time required for fullcompletion of the Work, for the following price (“Base Bid”):

Dollars ($ ).

2. Addenda. Bidder acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received: #01 #05 #02 #06 #03 #07 #04 #08

3. Bidder’s Warranties. By signing and submitting this Bid Proposal, Bidderwarrants the following:

3.1 Bidder has thoroughly examined the Contract Documents, and represents that, to the best of Bidder’s knowledge there are no errors, omissions, or discrepancies in the Contract Documents subject to the limitations of Public Contract Code Section 1104.

3.2 Bidder has had the opportunity to examine the Work site and local conditions at the Project location.

3.3 Bidder is fully qualified to perform the Work.

3.4 Bid has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid.

4. Award of Contract. By signing and submitting this Bid Proposal, Bidderagrees that if Bidder is awarded the Contract for the Project, that within seven (7)days following issuance of the notice of award to Bidder, Bidder shall:

BID PROPOSAL Page 2

4.1 Enter into a Contract with Owner in accordance with the terms of this Bid Proposal, by signing and submitting to Owner the Contract form included with the Contract Documents; and

4.2 Submit to Owner a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and

4.3 Submit to Owner the insurance certificate(s) and endorsement(s) as required by the Contract Documents.

5. Bid Security. As a guarantee that if awarded the Contract, it will performits obligations under section 5, above, Bidder is enclosing bid security in theamount of ten percent (10%) of its maximum bid amount in the following form:

A cashier’s check or certified check payable to Owner and issued by Bank in the amount of

Dollars ($ ).

A Bid Bond, using the Bid Bond form included with the Contract Documents, payable to Owner and executed by a surety licensed to do business in the State of California.

BID PROPOSAL Page 3

This Bid Proposal is hereby submitted on , 20 :

s/ Name and Title [print]

Company Name License # and Classification

Address DIR Registration #

City, State, Zip Phone

Attachments: Fax

Bid Schedule Subcontractor List Noncollusion Affidavit Bidder’s Questionnaire

BID SCHEDULE Page 4

BID SCHEDULE

Base Bid Bid Item Item Description Unit Estimated

Quantity Unit Price Total

$ $

1 Pre-cleaning Videotaping 5000 LF $ $

2 Post-Cleaning Videotaping 5000 LF $ $

3 Light Storm Drain Cleaning – Up to 1’ Diameter

100 LF $ $


200 LF $ $


300 LF $ $


300 LF $ $


100 LF $ $

8 Light Storm Drain Cleaning – Over to 5’ Diameter

100 LF $ $

9 Cleaning of Catch Basins & Inserts Up to 47” x 51” Diameter

10 EA $ $

10 Cleaning of Catch Basins & Inserts Over 47” x 51” Diameter

10 EA $ $

11 Disposal of Solid Waste Materials

1 TON $ $

12 Heavy Storm Drain Cleaning – Up to 1’ Diameter

100 LF $ $


200 LF $ $


300 LF $ $


300 LF $ $


100 LF $ $

17 Heavy Storm Drain Cleaning – Over to 5’ Diameter

100 LF $ $

18 Emergency Response Callout 5 EA. $ $

BID SCHEDULE Page 5

BASED ON CONTRACT DOCUMENTS ENTITLED STORM DRAIN OPERATIONS AND MAINTENANCE INSPECTION AND CLEANING DATED APRIL 10, 2020.

The bidder is required to provide prices for all Bid Items. If a bid proposal for any Bid Item is incomplete, that specific bid proposal may be deemed non-responsive and subject to rejection. For the purposes of determining the lowest responsible bid, the lowest responsible bid will be the lowest Total Base Bid. The Town intends to award one contract only to the bidder who submits the lowest responsive, responsible bid price among all bid proposals submitted.

The Town intends to award one on-call service contract only to the bidder who submits the lowest responsive, responsible bid price among all bid proposals submitted, which will be based on the lowest total base bid. It is understood and agreed that the quantities of work under each base bid item are approximate only, and is given for a basis of comparison of proposals. The right is reserved to the Agency to increase the amount of work under any item, as may be required, in accordance with provisions set forth in the specification for the project.

Notes: 1. Fees above shall remain in effect for entire duration of Agreement; bid accordingly;2. Do not modify the Bid Schedule. Doing so may result in your bid being disqualified and

deemed non-responsive.

Page 1

SUBCONTRACTOR LIST

For each Subcontractor who will perform a portion of the Work in an amount in excess of ½ of one percent of the Bidder’s total Contract Price,1 the Bidder must list a description of the work, the name of the Subcontractor, and the location of its place of business. Note to Bidders: Please print legibly. Illegible forms may be rejected.

DESCRIPTION OF WORK

SUBCONTRACTOR NAME AND

LOCATION OF PLACE OF BUSINESS

LICENSE NUMBER

DIR REGISTRATION NUMBER (LABOR

CODE 1725.5)

1 For street or highway construction this requirement applies to any subcontract of $10,000 or more.

SUBCONTRACTOR LIST

NONCOLLUSION AFFIDAVIT Page 1 of 2

NONCOLLUSION AFFIDAVIT

(To be executed by bidder and submitted with bid)

To the CITY / COUNTY of DEPARTMENT OF PUBLIC WORKS

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER'S QUESTIONNAIRE Page 1 of 2

BIDDER’S QUESTIONNAIRE

STORM DRAIN OPERATIONS AND MAINTENANCE INSPECTION AND CLEANING - Town CIP No. 20-102

Submission of a completed Bidder’s Questionnaire with the sealed bid is required for the above-referenced project (“Project”). Owner may use the completed Questionnaire to evaluate the Bidder’s qualifications for this Project. The Questionnaire should be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid.

Part 1: Contact Information

Contractor Name: (“Contractor”)

Check One: Corporation Partnership Sole Proprietorship

Address:

Phone:

Fax:

Owner of Company:

Contact Person:

Contractor’s License Number(s) IF APPLICABLE:

Part 2: Contractor Experience

1. How many years has Contractor been in business under its present businessname?

2. Has Contractor completed projects similar in type and size to this Project as ageneral contractor?

3. Has Contractor ever been disqualified on grounds that it is not responsible? Ifyes, provide additional information on a separate sheet of paper regarding the


disqualification, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project, the reasons that Contractor was disqualified as not responsible, and the month and year in which the disqualification occurred.

4. Has Contractor ever been terminated from a construction project, either asa general contractor or as a subcontractor? If yes, provide additional informationon a separate sheet of paper regarding the termination, including, but not limitedto, the name and address of the agency or owner of the subject project, the typeand size of the project, whether Contractor was under contract as a generalcontractor or a subcontractor, the reasons that Contractor was terminated, and themonth and year in which the termination occurred.

5. Provide information about the Contractor’s past projects performed as ageneral contractor as follows:

5.1 Six (6) most recently completed public works projects within the last three (3) years.

5.2 Three (3) largest completed private projects within the last three (3) years; and

5.3 Any project which is similar to this Project. Use separate sheets of paper provide all of the following information for each project identified in response to the above three categories:

a. Project Nameb. Locationc. Ownerd. Owner Contact (name and current phone number)e. Architect or Engineer Namef. Architect or Engineer Contact (name and current phone number)g. Construction Manager (name and current phone number)h. Description of Project, Scope of Work Performed i. Initial ContractValue (at time of bid award)j. Final Cost of Construction (including change orders)k. Original Scheduled Completion Datel. Time Extensions Granted (number of days)m. Actual Date of Completionn. Number and amount of Stop Notices or Mechanic’s Liens filed o.Amount of liquidated damages assessed against Contractorp. Nature and resolution of any claim, lawsuit, and/or arbitration betweenthe Contractor and the Owner


Part 3: Verification

I, the undersigned, hereby declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Contractor, and that all response and information set forth herein and in all attachments hereto are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature: ______________________________ Date: _______________

CONTRACT Page 1 of 4

CONTRACT

This public works contract (“Contract”) is entered into by and between Town of Moraga (“Owner”) and _____________________ _(“Contractor”) for

work on the Storm Drain O&M Inspections - Town CIP No. 20-102

(“Project”). The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractorhas submitted a Bid Proposal to perform work on the Project, and on‘ , 20_, Owner authorizedaward of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents. The Contract Documents are comprised of theNotice Inviting Bids; the Instructions to Bidders; addenda, if any; the BidProposal, and attachments thereto; the Contract; the payment and performancebonds; the General Conditions; the Supplemental General Conditions, if any; theProject drawings and specifications; applicable provisions of the CaltransStandard Specifications and the Special Provisions; and Change Orders, if any.

3. Contractor’s Services. Contractor agrees to perform all of the Workrequired for the Project, as specified in the Contract Documents, all of which arefully incorporated herein. Contractor shall provide, furnish, and supply all thingsnecessary and incidental for the timely performance and completion of the Work,including, but not limited to, provision of all necessary labor, materials,equipment, transportation, and utilities, unless otherwise specified in the ContractDocuments. Contractor also agrees to use its best efforts to complete the Workin a professional and expeditious manner and to meet or exceed theperformance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timelyperformance and completion of the Work in strict accordance with the terms andconditions of the Contract Documents, Owner shall pay Contractor the “ContractPrice”, in accordance with the payment provisions set forth in the GeneralConditions. The Contract Price is all inclusive and includes all Work; all federal,state, and local taxes on materials and equipment, and labor furnished byContractor, its subcontractors, subconsultants, architects, engineers, andvendors or otherwise arising out of Contractor's performance of the Work,including any increases in any such taxes during the term of this Agreement;and any duties, fees, and royalties imposed with respect to any materials andequipment, labor or services. The taxes covered hereby include (but are notlimited to) occupational, sales, use, excise, unemployment, FICA, and incometaxes, customs, duties, and any and all other taxes on any item or service that ispart of the Work, whether such taxes are normally included in the price of suchitem or service or are normally stated separately. Notwithstanding the foregoing,each party shall bear such state or local inventory, real property, personal


property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

6. Liquidated Damages. If Contractor fails to complete the Work withinthe Contract Times, Owner may assess liquidated damages in the amount ofOne Thousand Dollars ($1,000) for each day of unexcused delay incompletion, and the Contract Price shall be reduced accordingly.

7. Labor Code Compliance. This public works Contract is subject to allapplicable requirements of Chapter 1 of Part 7 of Division 2 of the LaborCode, including, but not limited to, requirements pertaining to wages, workinghours and workers’ compensation insurance. Pursuant to Labor CodeSection 1771(a), Contractor represents that it and all of its Subcontractors arecurrently registered and qualified to perform public work pursuant to LaborCode Section 1725.5. Contractor covenants that any additional or substituteSubcontractors will be similarly registered and qualified.

8. Workers’ Compensation Certification. Pursuant to Labor Code Section1861, by signing this Contract, Contractor certifies as follows: “I am aware ofthe provisions of Section 3700 of the Labor Code which require everyemployer to be insured against liability for workers’ compensation or toundertake self-insurance in accordance with the provisions of that code, and Iwill comply with such provisions before commencing the performance of theWork on this Contract.”

9. Prevailing Wages. This Project is subject to the prevailing wagerequirements applicable to the locality in which the Work is to be performedfor each craft, classification or type of worker needed to perform the Work,including employer payments for health and welfare, pension, vacation,apprenticeship and similar purposes. Copies of these prevailing rates areavailable online at http://www.dir.ca.gov/DLSR.

10. Notice. Any notice, billing, or payment required by the ContractDocuments must be made in writing, and sent to the other party by personaldelivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a PDF (or comparable) file. Notice is deemed effective upon deliveryunless otherwise specified. Notice for each party shall be given as follows:

Owner Contractor Name Town of Moraga Address 329 Rheem Boulevard City/state/zip Moraga, CA 94556 Phone (925) 888-7026Fax (925) 376-5203Attn: Shawn Knapp, Director of Public

Works / Town Engineer

http://www.dir.ca.gov/DLSR


Email [email protected] Copy to: [email protected]

11. General Provisions.

11.1 Assignment and Successors. Contractor may not assignits rights or obligations under this Contract, in part or in whole,without Owner’s written consent. This Contract is binding onContractor’s successors and permitted assigns.

11.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Supplemental General Conditions.

11.3 Governing Law and Venue. This Contract shall be governed by California law and venue shall be in the Superior Court of the County in which the Project is located, and no other place.

11.4 Amendment. No amendment or modification of this Contract shall be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

11.5 Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between Owner and Contractor. If any provision of this Contract, or portion thereof, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract shall remain in full force and effect.

11.6 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party.




The parties agree to this Contract as witnessed by the signatures below:

OWNER: CONTRACTOR:

s/ Cynthia Battenberg Town Manager

Date:

Attest:

s/

Name/Title [print]

Date:

s/ Marty McInturf Town Clerk

Date: _______________________________

Seal:

Approved as to Form:

s/ Michelle Marchetta Kenyon Town Attorney

Date:

Contractor’s License Number(s)

Expiration Date(s)

GENERAL CONDITIONS Page 1

GENERAL CONDITIONS, SUPPLEMENT GENERAL CONDITIONS AND SPECIAL CONDITIONS

General Conditions Table of Contents:

Article 1 – Definitions............................................................................................ Article 2 – Roles and Responsibilities................................................................... Article 3 – Contract Documents............................................................................ Article 4 – Bonds, Indemnity and Insurance.......................................................... Article 6 – Contract Modification......................................................................... Article 7 – General Construction Provisions........................................................ Article 8 – Payment............................................................................................. Article 9 – Labor Provisions................................................................................ Article 10 – Safety Provisions............................................................................. Article 12 – Dispute Resolution........................................................................... Article 13 – Suspension and Termination........................................................... Article 14 – Miscellaneous Provisions.................................................................

See Supplemental General Conditions and Special Provision Sections for Respective Table of Contents


Article 1 Definitions

1. Definitions. The following definitions apply to all of the ContractDocuments unless otherwise indicated. Defined terms and titles of documentsare capitalized in the Contract Documents, with the exception of the words “day,”“furnish,” and “install.”

1.1 Allowance means an amount included in the Bid Proposal for Work that may or may not be included in the Project, depending on conditions that will not become known until after Work on the Project is underway. If the Contract Price includes an Allowance and the cost of performing the Work covered by that allowance is greater or less than the Allowance, the Contract Price shall be increased or decreased accordingly.

1.2 Architect/Engineer means the licensed individual(s) or firm(s) retained by Owner to provide architectural or engineering services for the Project. If no Architect/Engineer has been retained for this Project, any reference to Architect/Engineer shall be deemed to refer to Owner.

1.5 Change Order means a written document signed by Owner and Contractor after execution of the Contract, which changes the scope of Work, the Contract Price, and/or the Contract Time.

1.6 Claim means a separate demand by Contractor for change in the Contract Time or Contract Price, that has previously been submitted to Owner in accordance with the requirements of the Contract Documents, and which has been rejected by Owner, in whole or in part.

1.7 Construction Manager means the individual(s) or firm retained by Owner to provide construction management services for the Project. If no Construction Manager has been retained for this Project, any reference to Construction Manager shall be deemed to refer to Owner.

1.8 Contract means the signed agreement between Owner and Contractor.

1.9 Contract Documents means, collectively, addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the notice of award and notice to proceed; the payment and performance bonds; the escrow agreement for securities in lieu of retention; the guaranty; certificates of insurance and proof of liability coverage; the General Conditions; the Supplemental General Conditions, if any; selected provisions of the Caltrans Standard Specifications and the Special Provisions; the Project plans, drawings and specifications; and any Change Orders.


1.10 Contract Price means the total compensation to be paid to the Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order and/or adjusted pursuant to an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, or equipment following submission of the Bid Proposal. The Contract Price is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

1.11 Contract Time means the number of calendar days for performance of the Work, as set forth in the Contract and as may be amended by Change Order and/or extensions of time.

1.12 Contractor means the individual, partnership, corporation, or joint- venture who has signed the Contract with Owner to perform the Work.

1.13 Council The Town of Moraga Town Council, the governing body of the Town of Moraga.

1.14 County Contra Costa County, California.

1.15 County Standard Plans Standard Plans for Construction of Local Streets and Roads issued by Contra Costa County, Public Works Department, latest edition.

1.16 Day means a calendar day, a period of twenty-four (24) hours measured from midnight to the next midnight. If not otherwise specified in the contract, days shall be presumed to be calendar days.

1.17 DSA means the Division of the State Architect for the State of California.

1.18 Final Completion means the Contractor has fully completed all of the Work required by the Contract Documents, including all punch list items and all required submittals, to the Owner’s satisfaction. Substantial


completion does not apply to this Project.

1.19 Final Payment means payment of the unpaid Contract Price, less amounts withheld pursuant to the Contract Documents, including, but not limited to, liquidated damages, unreleased stop notices, amounts subject to setoff, and up to 150% of unresolved third-party claims for which Contractor is required to indemnify Owner, and up to 150% of amounts in dispute as authorized by Public Contract Code Section 7107.

1.20 Furnish means to purchase and deliver to the site designated for installation.

1.21 Hazardous Materials means any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal, or cleanup.

1.22 Inspector means the individual(s) or firm(s) retained by Owner to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all applicable codes, regulations, and permits.

1.23 Install means to fix in place for materials, and to fix in place and connect for equipment.

1.24 Laboratory The designated laboratory authorized by the Town of Moraga to test materials and work involved in the contract.

1.25 Owner means the public agency which has signed the Contract with Contractor for performance of the Work, and includes its governing body, officers, employees, and authorized representatives.

1.26 Project means the public works project referenced in the Contract.

1.27 Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor to perform a specific portion of the Work.

1.28 Town - The Town of Moraga, acting by and through its designated representatives.

1.29 Work means the construction and services necessary or incidental to performing the Contractor’s obligations with respect to the Project in conformance with the requirements of the Contract Documents.

1.30 Working Day a period comprising the normal working hours of the


day and further defined in Section 8-1.05 ("Time") of the Caltrans Standard Specifications.

1.31 Worksite means the place or places where the Work is performed.

Other terms appearing in the Contract Documents shall have the intent and meaning specified in Section 1 ("Definitions and Terms") of the Caltrans Standard Specifications.


Article 2 Roles and Responsibilities

2.2 Contractor.

2.2.1 Contractor shall provide all labor, materials, equipment and services necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic and efficient manner in the best interests of Owner.

2.2.2 Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for, and required to exercise full control over, construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work with that of all other Contractors and Subcontractors, unless the Contract Documents provide other specific instructions.

2.2.3 Contractor shall provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents.

2.2.4 Contractor shall, at all times during performance of the Work, provide a qualified full-time superintendent, acceptable to Owner, and assistants, as necessary, who shall be physically present at the Project site while any aspect of the Work is being performed.

2.2.5 Contractor shall, at all times, ensure that the Work is performed in a good workmanlike manner and in full compliance with the Contract Documents and all applicable laws, regulations, codes, standards, and permits.

2.2.6 Contractor shall comply with Owner’s and Architect/Engineer’s directions and instructions in accordance with the terms of Contract Documents, but nothing contained in these General Conditions shall be taken to relieve Contractor of any obligations or liabilities under the Contract Documents. Owner’s and/or Architect/Engineer’s failure to review or, upon review, failure to object to any aspect of Work reviewed, shall not be deemed a waiver or approval of any non-conforming aspect of the Work.

2.2.7 Contractor shall be responsible to Owner for the acts or omissions of any party or parties performing portions of the Work for or on behalf of Contractor or its Subcontractors.

2.2.8 Contractor shall promptly correct, at Contractor’s sole expense, any


Work that is deficient or defective in workmanship, materials, and equipment.

2.3 Subcontractors.

2.3.1 All Work which is not performed by Contractor with its own forces shall be performed by Subcontractors. Owner reserves the right to approve any and all Subcontractors proposed to perform the Work.

2.3.2 Contractor shall require every Subcontractor and material supplier to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s or material supplier’s portion(s) of the Work, and to likewise bind their subcontractors or material suppliers. Nothing in these Contract Documents shall create a contractual relationship between a Subcontractor and Owner, but Owner shall be deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor.

2.3.3 If the Contract is terminated, each subcontract agreement shall be assigned by Contractor to Owner, subject to the prior rights of any surety, provided that the Owner accepts such assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement.

2.3.4 Contractor shall comply with the Subcontractor Listing law, Public Contract Code Sections 4101, et seq. Contractor shall not substitute any other person or firm in place of any Subcontractor listed in the Bid except as may be allowed by law.

2.3.5 Subcontractors shall not assign or transfer their subcontracts or permit them to be performed by any other contractor without Owner’s written approval. At Owner’s request, Contractor shall provide Owner with a complete copy of all executed subcontracts or final commercial agreements with Subcontractors and/or suppliers.

2.4 Coordination of Work.

2.4.1 Owner reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, and shall avoid hindering, delaying, or interfering with the work of other contractors and subcontractors. To the full extent permitted by law, Contractor shall hold harmless and indemnify Owner, Architect/Engineer, and Construction Manager against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of another contractor or subcontractor.


2.4.2 Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor shall give the Architect/Engineer prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any such patent defects shall be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work.

2.5 Submittals. Contractor shall submit to Architect/Engineer for review and approval, all shop drawings, samples, product data and similar submittals required by the Contract Documents within seven (7) days of the notice of award of the Contract.

2.5.1 Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.

2.5.2 Contractor shall ensure that its submittals are prepared and delivered in a manner consistent with the schedule of Work and in such time and sequence so as not to delay the performance of the Work or completion of the Project.

2.5.3 Each submittal shall include the Project name and location, Contractor’s name and address, the name and address of any Subcontractor or material supplier involved with the submittal, the date, and references to applicable specification section(s) and/or drawing and detail number(s).

2.5.4 If corrections are required, Contractor shall promptly make and submit any required corrections in full conformance with the requirements of this section.

2.5.5 Review and approval of a submittal by the Architect/Engineer shall not relieve Contractor from complying with the requirements of the Contract Documents.

2.5.6 Any Work performed without prior approval of a required submittal shall be performed at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including, but not limited to, the cost of removing and replacing such Work, repairs to other affected portions of the Work, and the cost of additional time or services required of the Architect/Engineer, Construction Manager, or Inspector.

2.5.7 Submittals shall be shown on the schedule prepared by the Contractor and shall not be indicated as critical path items of work.


Article 3 Contract Documents

3.1 Interpretation of Contract Documents.

3.1.1 The drawings and specifications are complementary. If Work is shown on one but not on the other, Contractor shall perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The drawings and specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown therein. Contractor shall perform all work and services and supply all things reasonably related to and inferable from the Contract Documents.

3.1.2 If Contractor becomes aware of any ambiguity, discrepancy, omission, or error in the drawings or specifications, Contractor shall immediately notify the Architect/Engineer and request clarification of such. The Architect/Engineer’s clarifications or interpretations shall be final and binding.

3.1.3 In the event of a conflict between the drawings and specifications, the specifications shall control. Figures control over scaled dimensions.

3.1.4 Any terms that have well-known technical or trade meanings shall be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents.

3.1.5 Contractor shall verify all relevant measurements at the Worksite before ordering any material or performing any Work, and shall be responsible for the correctness of those measurements.

3.2 Order of Precedence. Information included in one Contract Document but not in another shall not be considered a conflict or inconsistency. In case of any conflict or inconsistency among the Contract Documents, the following order of precedence shall apply, beginning from highest to lowest: approved Change Orders; addenda; the Contract; the notice of award and notice to proceed; the Supplementary General Conditions, if any; the General Conditions; the payment and performance bonds; and the plans, specifications and drawings.


Article 4 Indemnity, and Insurance

4.2 Indemnity. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless Owner, its agents and consultants, Architect/Engineer, and Construction Manager (individually, “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Pursuant to Public Contract Code Section 9201, Owner shall timely notify Contractor upon receipt of any third-party claim relating to the Contract.

4.3 Insurance. Within seven (7) days after being notified of the award of contract, and before execution of the Contract by Owner, Contractor shall, at its sole cost and expense, obtain and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, and until the expiration of the warranty period following final completion and acceptance thereof by Owner. Every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days prior written notice to Owner. Every policy shall also be endorsed to state that the Owner shall be given written notice of nonrenewal at least thirty (30) days prior to the nonrenewal date. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of“VII” or better. If Contractor fails to provide any of the required coverage in fullcompliance with the requirements of the Contract Documents, Owner may, at itssole discretion, purchase such coverage at Contractor’s expense and deduct thecost from payments due to Contractor, or terminate the Contract for default.

4.3.1 The following insurance policies and limits are required for this Contract unless otherwise specified in the Supplemental General Conditions:

4.3.1.1 Commercial General Liability Insurance (“CGL”): Contractor shall maintain a Commercial General Liability insurance policy insuring Contractor for an amount not less than $5,000,000 per occurrence, including products and completed operations, property damage, bodily injury and personal & advertising injury. If a general aggregate limit applies, either the general aggregate limit


shall apply separately to this Project or the general aggregate limit shall be twice the required occurrence limit. The coverage shall be at least as broad as Insurance Services Office (ISO) Form CG 00 01.

4.3.1.2 Automobile Liability: Contractor shall maintain an Automobile Liability insurance policy insuring Contractor for an amount not less than $5,000,000 per accident for bodily injury and property damage. The coverage shall be at least as broad as Insurance Services Office (ISO) Form Number CA 0001 covering Code 1 (any auto).

4.3.1.4 Workers’ Compensation Insurance and Employer’s Liability: The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with of at least one million dollars ($1,000,000.00). If Contractor is self-insured, Contractor shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

4.3.1.5 The Commercial General Liability and Automobile Liability policies are to contain or be endorsed to name The Town of Moraga, its elected and appointed officers, contractors, consultants, employees, agents and volunteers are hereby added as additional insureds, but only as respect to the 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. If provided in the form of an endorsement, the Commercial General Liability coverage shall be at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms.

4.3.2 Each certificate of insurance must state that the coverage afforded by the policy or policies shall not be reduced, cancelled or allowed to expire without at least thirty (30) days written notice to Owner, unless due to non-payment of premiums, in which case ten (10) days written notice shall be made to Owner.

4.3.3 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 Town for all work performed by the Contractor, its employees, agents, and subcontractors.

4.3.5 Contractor shall ensure that each Subcontractor is required to maintain the same insurance policies as set forth herein, with respect to its operations, including those requirements related to the additional insureds and waiver of subrogation. For Commercial General Liability coverage, subcontractors shall provide coverage at least as broad as CG 20 38 04 13.

Article 6 Contract Modification

6.1 Changes in Work. Owner reserves the right to make changes in the Work without invalidating the Contract. Owner may direct or Contractor may request changes in the Work, and any such changes shall be formalized in a Change Order, which may include commensurate changes in the Contract Price and/or Contract Time as applicable. Contractor must promptly comply with Owner-directed changes in the Work in accordance with the intent of the original Contract Documents, even if Contractor and Owner have not yet reached agreement as to adjustments to the Contract Price and/or Contract Time.

6.1.1 In the event of a dispute over entitlement to a change in Contract Time and/or a change in Contract Price related to an Owner-directed change, Contractor must perform the Work as directed and may not delay its work or cease work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute.


6.1.2 In the event that Owner and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents as opposed to changed Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute.

6.1.3 Contractor’s failure to promptly comply with an Owner-directed change shall be deemed a material breach of the Contract, and in addition to all other remedies available to it, Owner may, at its sole discretion, hire another contractor and/or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct such cost from the Contract Price.

6.1.4 Contractor’s sole recourse for an unresolved dispute related to changes in the Work is to comply with the dispute resolution provisions set forth in Article 12, below.

6.2 Change Order Requests. Contractor must submit a request for a change in the Work and/or a change in the Contract Price or Contract Time as a written Change Order request. Any Change Order request submitted by Contractor must include a complete breakdown of actual cost, and credits, and shall itemize labor, materials, taxes, insurance, and subcontract amounts. All claimed costs must be fully documented.

6.2.1 All Change Order requests must be signed by Contractor and must include the following certification:

“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete, and agrees that any costs, expenses, or time extension request not included herein shall be deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code Sections 12650 et seq.”

6.3 Adjustments to Contract Price. Any increase or decrease to the Contract Price shall be determined based on one of the following methods:

6.3.1 Amounts previously provided in the form of unit prices, the schedule of values, or Allowances, shall apply first if applicable; or

6.3.2 A mutually agreed upon lump sum; or


6.3.3 On a time and materials basis, which may include a not-to-exceed limit, calculated as the total of the following sums:

6.3.3.1 All direct labor costs plus fifteen percent (15%) for overhead and profit;

6.3.3.2 All direct material costs, including sales tax, plus fifteen percent (15%) for overhead and profit;

6.3.3.3 All direct plant and equipment rental costs, plus fifteen percent (15%) for overhead and profit; and

6.3.3.4 All direct subcontract costs plus ten percent (10%) for overhead and profit; and


Article 7 General Construction Provisions

7.1 Permits and Taxes.

7.1.1 Contractor shall obtain and pay for any and all permits, fees, or licenses required to perform the Work, unless otherwise indicated in the Contract Documents. Contractor shall cooperate with and provide notifications to government agencies with jurisdiction over the Project, as may be required. Contractor shall provide Owner with copies of all notices, permits, licenses, and renewals required for the Work.

7.1.2 Contractor shall pay for all taxes on material and equipment, except Federal Excise Tax to the extent that Owner is exempt from Federal Excise Tax.

7.2 Temporary Facilities. Contractor shall provide, at Contractor’s sole expense, any and all temporary facilities, including, but not limited to onsite office, sanitary facilities, storage, scaffolds, temporary traffic control devices, barricades, walkways, and any other temporary structure required to perform the Work along and any utility services incidental thereto. Such structures must be safe and adequate for the intended use, and installed and maintained in accordance with all applicable federal, state, and local laws, codes, and regulations. Contractor shall promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor shall promptly repair any damage to Owner’s property caused by the installation, use, or removal of the temporary facilities, and shall promptly restore the property to its original or intended condition. Additional provisions pertaining to temporary facilities may be included in the Specifications or Supplemental General Conditions.

7.3 Signs. No signs may be displayed on or about Owner’s property, except signage which is required by law, without Owner’s prior written approval as to content, size, design, and location.

7.4 Protection of Work and Property.

7.4.1 Contractor is responsible at all times for protecting the Work and materials and equipment to be incorporated into the Work from damage until the Notice of Completion has been recorded. Except as specifically authorized by Owner, Contractor shall confine its operations to the area of the Project site indicated in the drawings. Contractor is liable for any damage caused to Owner’s real or personal property, the real or personal property of adjacent property owners, or the work or personal property of other contractors working for Owner.

7.4.2 If Contractor encounters facilities, utilities, or other unknown


conditions not shown on or reasonably inferable from the drawings or apparent from inspection of the Project site, Contractor shall promptly notify Architect/Engineer, and shall avoid taking any action which could cause damage to such facilities or utilities pending further direction from the Architect/Engineer. If Architect/Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth herein.

7.4.3 Contractor shall provide, install, and maintain all shoring, bracing, underpinning, etc., necessary to provide support to Owner’s property and adjacent properties and improvements thereon. Contractor shall provide notifications to adjacent property owners as may be required by law.

7.4.4 Contractor shall be required to repair or replace, at Contractor’s sole expense, any property damage caused by its acts or omissions in performing the Work. Any such repair or replacement must be performed expeditiously. Any such repairs or replacements should be performed to restore the damaged area to its previous condition, including, but not limited to, use of the same type of materials, the same finishes, and the same dimensions, so that the repairs or replacements match the appearance of the existing facilities as closely as possible.

7.5 Noninterference. Contractor shall take reasonable measures to avoid interfering with Owner’s use of its property at or adjacent to the Project site, including, but not limited to, use of roadways, entrances, parking areas, walkways, and structures.

7.6 Materials and Equipment.

7.6.1 Unless otherwise specified, all materials and equipment required for the Work must be new and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Unless otherwise specified, all materials and equipment required for the Work shall be deemed to include all components required for complete installation and intended operation, and shall be installed in accordance with the manufacturer’s recommendation. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work.

7.6.2 If the Work includes installation of materials or equipment to be provided by Owner, Contractor shall be responsible for the proper examination, handling, storage, and installation of such items in accordance with the Contract Documents. Contractor shall promptly notify Owner of any defects discovered in Owner-provided materials or equipment. Contractor shall be responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and


control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor.

7.7 Substitutions.

7.7.1 Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and Contractor may request use of any equal material, product, thing, or service.

7.7.2 A request for substitution must be submitted to Architect/Engineer for approval within the time period provided in the Specifications. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier.

7.7.3 All data substantiating the proposed substitute as an “equal” item must be submitted with the written request for substitution using the form provided in these Contract Documents. Contractor has the burden of proving the equality of the proposed substitution. Contractor’s failure to timely provide necessary submittals does not establish grounds for substitution.

7.7.4 If the proposed substitution is approved, Contractor is solely responsible for any additional costs associated with the substituted item(s). If the proposed substitution is rejected, Contractor shall, without delay, install the item specified.

7.7.5 Architect/Engineer’s review of a proposed substitution shall not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor shall be solely responsible for all cost impacts resulting therefrom, including, but not limited to, the cost of removal and replacement and the impact to other design elements.

7.8 Testing and Inspection.

7.8.1 Contractor shall schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor shall provide timely notice to all necessary parties as specified in the Contract Documents. Owner shall bear the initial cost of testing to be performed by independent testing consultants retained by Owner. However, Contractor shall be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. In addition, if any portion of the Work which is subject to testing is covered or concealed by


Contractor prior to testing, Contractor shall bear the cost of making that portion of the Work available for the testing required by the Contract Documents, and any associated repair or remediation costs.

7.8.2 All materials, equipment, and workmanship used in the Work shall be subject to inspection by Owner’s Inspector at all times and locations during construction and/or fabrication. All manufacturers’ application or installation instructions shall be provided to the Inspector at least ten (10) days prior to the first such application. Contractor shall, at all times, make the Work available for inspection. Any Work that fails to comply with the requirements of the Contract Documents shall be promptly repaired, replaced, or corrected by Contractor, at Contractor’s sole expense. In addition, if any portion of the Work is improperly covered or concealed by Contractor prior to inspection, Contractor shall bear the cost of making that portion of the Work available for inspection, and any associated repair or remediation costs.

7.8.3 If required off-site testing and/or inspection must be conducted at a location more than one hundred (100) miles from the Project site, Contractor shall be responsible for the additional travel costs required for testing and/or inspection at such locations.

7.8.4 Contractor shall be solely responsible for any delay occasioned by remediation of noncompliant Work.

7.9 Clean up. Contractor shall regularly remove debris and waste materials and maintain the work areas in clean and neat condition. Prior to discontinuing work in an area, Contractor shall clean the area and remove all rubbish along with its construction equipment, tools, machinery, waste and surplus materials. Contractor shall, at all times, minimize and confine dust and debris resulting from construction activities. At the completion of the Work, Contractor shall remove from the Worksite all of its equipment, tools, surplus materials, waste materials and debris.

7.9.1 Before demobilizing from the Worksite, Contractor shall ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas.

7.9.2 If Contractor fails to commence compliance with its cleanup obligations within two (2) business days following written notification from Owner or its representative, Owner may undertake appropriate cleanup measures without further notice and the cost of such shall be deducted from any amounts due or to become due the Contractor in the next payment period.

7.10 Instructions and Manuals. Contractor shall provide three (3) copies


each of all instructions and manuals required by the Contract Documents. These shall be complete as to drawings, details, parts lists, performance data, and other information that may be required for Owner to easily maintain and service the materials and equipment installed pursuant to this Contract. All manufacturers’ application or installation instructions shall be provided to the Inspector at least ten (10) days prior to the first such application. The instructions and manuals, along with any required guarantees, shall be delivered to the Architect/Engineer for review. Contractor and/or its Subcontractors shall instruct Owner’s personnel in the operation and maintenance of any complex equipment prior to final acceptance of the Work, as may be required in the Contract Documents.

7.11 As-built Drawings. Contractor and its Subcontractors shall maintain on the Worksite a separate complete set of Contract drawings which shall be used solely for the purpose of recording changes made in any portion of the Work in order to create as-built drawings. The as-built drawings shall be updated as changes occur, on a daily basis if necessary. Progress payments may be delayed, in whole or in part, until such time as the as-built drawings are brought up to date to the satisfaction of the Architect/Engineer. Actual locations to scale shall be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities, etc., installed underground, in walls, floors, or otherwise concealed. Deviations from the original drawings shall be shown in detail. The location of all main runs, whether piping, conduit, ductwork, drain lines, etc., shall be shown by dimension and elevation. Contractor shall verify that all changes in the Work are depicted in the as-built drawings and shall deliver the complete set of as-built drawings to the Owner and Architect/Engineer for review and approval as the condition precedent to acceptance of the Work.

7.12 Existing Utilities. Pursuant to Government Code Section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by Owner in the Contract Documents, Contractor shall immediately provide written notice to Owner and the utility. Owner assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site, if such utilities are not identified in the Contract Documents. Contractor shall be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans or specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by Owner’s failure to provide for removal or relocation of such utility facilities.

7.13 Notice of Excavation. Pursuant to Government Code Section 4216.2, except in an emergency, Contractor shall contact the appropriate regional notification center, at least two (2) working days, but not more than fourteen (14) calendar days prior to commencing any excavation if the excavation will be conducted in an area that is known, or reasonable should be known, to contain


subsurface installations, and if practical, Contractor shall delineate with white paint or other suitable markings the area to be excavated. 7.14 Trenching and Excavations.

7.14.1 Contractor shall promptly, and before the following conditions are disturbed, provide written notice to Owner if the Contractor finds any of the following conditions:

7.14.1.1 Material that Contractor believes may be a hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

7.14.1.2 Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

7.14.1.3 Unknown physical conditions at the site of any unusual nature, differing materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

7.14.2 Owner shall promptly investigate the conditions and if Owner finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures describe in the Contract Documents.

7.14.3 In the event that a dispute arises between the Owner and the Contractor regarding any of the matters specified in subsection 7.14.1, above, Contractor shall not be excused from any schedule completion date provided for in the Contract Documents, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between Contractor and Owner.

7.15 Trenching of Five Feet or More. Pursuant to Labor Code Section 6705, if the Contract Price exceeds twenty-five thousand dollars ($25,000.00) and the Work includes the excavation of any trench or trenches of five feet (5’) or more in depth, a detailed plan must be submitted to Owner and/or its civil or structural engineer, for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If such plan varies from the shoring system standards, it must be prepared by a registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is


prohibited. 7.16. Contractor To Maintain Cost Data

7.16.1. Contractor shall maintain full and correct information as to the number of workers employed in connection with each subdivision of Work, the classification and rate of pay of each worker in form of certified payrolls, the cost to Contractor of each class of materials, tools and appliances used by Contractor in Work, and the amount of each class of materials used in each subdivision of Work. Contractor shall provide Owner with monthly summaries of this information. If Contractor maintains or is capable of generating summaries or reports comparing actual Project costs with Bid estimates or budgets, Contractor shall provide Owner with a copy of such report upon Owner’s request.

7.16.2. Contractor shall maintain daily job reports recording all significant activity on the job, including the number of workers on Site, Work activities, problems encountered and delays. Contractor shall provide Owner with copies for each Day Contractor works on the Project, to be delivered to Owner either the same Day or the following morning before starting work at the Site. Contractor shall take pre-construction and monthly progress photographs of all areas of the Work. Contractor shall maintain copies of all correspondence with Subcontractors and records of meetings with Subcontractors.

7.16.3. Owner shall have the right to audit and copy Contractor’s books and records of any type, nature or description relating to the Project (including, without limitation, financial records reflecting in any way costs claimed on the Project), and to inspect the Site, including Contractor’s trailer, or other job Site office, and this requirement shall be contained in the subcontracts of Subcontractors working on Site. By way of example, Owner shall have the right to inspect and obtain copies of all Contract Documents, planning and design documents, Bid proposal and negotiation documents, cost records and job cost variance reports, design modification proposals, value engineering or other cost reduction proposals, revisions made to the original design, job progress reports, photographs, and as-built drawings maintained by Contractor. Owner and any other applicable governmental entity shall have the right to inspect all information and documents maintained hereunder at any time during the Project and for a period of five years following Final Completion, in accordance with the provisions of Government Code Section 8546.7. This right of inspection shall not relieve Contractor of its duties and obligations under the Contract Documents. This right of inspection shall be specifically enforceable in a court of law, either independently or in conjunction with enforcement of any other rights in the Contract Documents.


Article 8 Payment

8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor shall prepare and submit to Owner and Architect/Engineer a schedule of values apportioned to the various divisions and phases of the Work. Each line item contained in the schedule of values shall be assigned a value such that the total of all items shall equal the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment.

8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Supplemental General Conditions or Specifications, Contractor shall submit to Owner and Architect/Engineer for approval, a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month.

8.2.1 Each application for payment shall be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Worksite, as well as authorized and approved Change Orders. Each pay application shall be supported by the Contractor’s Schedule of Values and any other substantiating data required by the Contract Documents.

8.2.2 Owner shall pay the undisputed amount due, as certified by Architect/Engineer, within thirty (30) days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code Section 20104.50. Owner shall deduct a percentage from each progress payment as retention, as set forth in subsection 8.5, below, and may deduct additional amounts as set forth in subsection 8.3, below.

8.3 Adjustment of Payment Application. Owner may adjust or reject a payment application, including application for Final Payment, in whole or in part, as may be necessary to protect Owner from loss or damage based upon the following:

8.3.1 Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including, but not limited to, correction or completion of punch list items;

8.3.2 Loss or damage caused by Contractor or its Subcontractor(s) arising out of or relating to performance of the Work;

8.3.3 Contractor’s failure to pay its Subcontractors and suppliers when payment is due;


8.3.4 Failure to timely correct rejected, nonconforming, or defective Work;

8.3.5 Unexcused delay in performance of the Work;

8.3.6 Any unreleased stop notice, retained as 125% of the amount claimed;

8.3.7 Any other costs or charges that may be offset against payments due, as provided in the Contract Documents; and

8.3.8 Contract payments shall not be made when payroll records are delinquent or inadequate.

If a payment application is adjusted based on one of the foregoing, Contractor shall be notified in writing of the basis for the adjustment, and shall be promptly paid once the basis for that adjustment has been remedied and no longer exists.

8.4 Acceptance of Work. Neither Owner’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.


Article 9 Labor Provisions

9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, Government Code Sections 12900 et seq., Government Code Section 11135, and Labor Code Sections 1735, 1777.5, 1777.6, and 3077.5.

9.2 Labor Code Requirements.

9.2.1 Pursuant to Labor Code Section 1810, eight (8) hours of labor shall constitute a legal day’s work under this Contract.

9.2.2 Pursuant to Labor Code Section 1813, Contractor shall forfeit to Owner as a penalty, the sum of twenty-five dollars ($25.00) for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight (8) hours in any one (1) calendar day or more than forty (40) hours per calendar week, except if such workers are paid overtime pursuant to Labor Code Section 1815.

9.2.3 Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code Section 1777.5, which is incorporated by reference herein.

9.3 Prevailing Wages. Each worker performing Work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Contractor shall post a copy of the applicable prevailing rates at the Worksite.

9.3.1 Pursuant to Labor Code Section 1775, Contractor and any Subcontractor shall forfeit to Owner as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Contractor shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

9.4 Payroll Records. Contractor shall comply with the provisions of Labor Code Sections 1776 and 1812, which are incorporated by reference herein.

9.4.1 Contractor and each Subcontractor shall keep accurate payroll records, showing the name, address, social security number, work

http://www.dir.ca.gov/dlsr


classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

9.4.1.1 The information contained in the payroll record is true and correct.

9.4.1.2 The Contractor or Subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any Work performed by its employees on the Project.

9.4.2 A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request, to Owner, or to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations, and as further provided by the Labor Code.

9.4.3 Upon notice of noncompliance with Labor Code Section 1776, Contractor or Subcontractor shall have ten (10) days in which to comply with requirements of this section. If Contractor or Subcontractor fails to do so within the ten (10) day period, Contractor or Subcontractor shall forfeit a penalty of one hundred dollars ($100.00) per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

9.5 Compliance Monitoring. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).

9.5.1 Pursuant to California Labor Code Section 1771.4, the contractor and its subcontractor(s) shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner: (a) at least monthly or more frequently if specified in the contract with the awarding body; and (b) in a format prescribed by the Labor Commissioner.

9.5.2 The contractor shall post job site notices, as prescribed by regulation (California Labor Code Section 1771.4).


Article 10 Safety Provisions

10.1 Safety Precautions and Programs. Contractor and its Subcontractors shall be fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors shall comply with all applicable laws and regulations and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite.

10.1.1 Contractor shall immediately provide a written report to Owner of all recordable accidents and injuries occurring at the Worksite. If Contractor is required to file an accident report with a government agency, Contractor shall provide a copy of the report to Owner.

10.1.2 Contractor’s safety program shall comply with the applicable legal and regulatory requirements. Contractor shall provide Owner with copies of all notices required by law or regulation.

10.1.3 Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance shall be promptly remedied by Contractor.

10.1.4 If Owner determines, in its sole discretion, that any part of the Work or Worksite is unsafe, Owner may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work and/or to take corrective measures to the Owner’s satisfaction. If Contractor fails to promptly take the required corrective measures, Owner may perform them and deduct the cost from the Contract Price. Contractor agrees it shall not be entitled to a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with the Owner’s request for corrective measures pursuant to this provision.

10.2 Hazardous Materials. Unless otherwise specified, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Worksite that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but shall immediately cease work on the area affected and report the condition to the Owner and Architect/Engineer. No asbestos, asbestos- containing products or other Hazardous Materials shall be used in performance of the Work.


10.3 Material Safety. Contractor shall maintain Material Safety Data Sheets (“MSDS”) at the Worksite, as required by law, for materials or substances used or consumed in the performance of the Work. The MSDS shall be accessible and available to Contractor’s employees, Subcontractors, Owner, and Owner’s representatives.

10.3.1 Contractor shall be responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Worksite and/or used in the performance of the Work.

10.3.2 Contractor shall ensure proper labeling on any material brought onto the Worksite so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.


Article 12 Dispute Resolution

12.1 Claims. This Article applies to any Claim arising from or related to the Contract or performance of the Work. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:(A) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the Owner under the Contract for this public works project; (B) payment by the Owner of money or damages arising from work done by, or on behalf of, the claimant pursuant to the Contract for this public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; and (C) payment of an amount that is disputed by the Owner.

12.2 Form and Contents of Claim 12.2.1 Contractor’s written claim must be submitted via registered mail or certified mail with return receipt requested and must identify itself as a “Claim” under this Article 12 and must include the following: (i) a narrative of pertinent events; (ii) citation to contract provisions; (iii) theory of entitlement; (iv) complete pricing of all cost impacts; (v) a time impact analysis of all time delays that shows actual time impact on the critical path; (vi) documentation supporting items (i) through (v); and (vii) a verification under penalty of perjury of the Claim’s accuracy. The Claim shall be submitted to Owner within thirty (30) calendar days of receiving Owner’s written decision, or the date Contractor contends such decision was due, and shall be priced like a change order according to Article 6.2, and must be updated monthly as to cost and entitlement if a continuing Claim. Routine contract materials, for example, correspondence, requests for information, change order requests, or payment requests shall not constitute a Claim. Contractor shall bear all costs incurred in the preparation and submission of a claim.

12.2.2 Upon receipt of a Claim, Owner shall conduct a reasonable review of the Claim. Within 45 days, or such extended period as Owner and Contractor may agree, Owner shall provide Contractor with a written statement identifying what portion of the Claim is disputed and what portion is undisputed.

12.2.3 If Owner’s governing body must approve Owner’s response to the Claim and the governing body has not met within the 45-day (or extended) period, then Owner shall provide its written statement within three (3) days of the governing body’s meeting.

12.2.4 Owner shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion.

12.2.5 Claims must be submitted on or before the day of final payment. Claims not submitted before final payment are deemed waived.


12.2.6 Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently prosecute the disputed work to final completion in accordance with Owner’s determination.

12.3 Informal Conference After Claim Submission 12.3.1 If the Contractor disputes Owner’s response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute. Owner shall schedule such a meet and confer conference within 30 days for settlement of the dispute.

12.3.2 Within ten (10) days of the meet and confer conference, Owner shall provide Contractor with a written statement identifying the portion(s) of the Claim that remain in dispute and the portion(s) that are undisputed.

12.3.3 Owner shall pay the undisputed portions of the Claim within 60 days of the issuance of any written statement identifying an undisputed portion.

12.4 Mediation 12.4.1 If the Contractor disputes Owner’s statement provided under Paragraph 12.3.2 it shall inform Owner and the parties shall mutually agree to a mediator within 10 business days of the date of the written statement. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

12.4.2 Mediation shall be confidential and non-binding. Unless otherwise agreed by the parties or as provided in this Paragraph 12.4, the mediation shall be pursuant to the construction mediation procedures of JAMS and held at the JAMS office closest to the Project site.

12.4.3 The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of mediation and upon notice to the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010, et seq. The parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et seq. The mediator will undertake to resolve any discovery disputes relating to the mediation.

12.4.4 For Claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to this Paragraph 12.4 shall excuse the mediation obligation under Public Contract Code Section 20104.4(a), as provided in Paragraph 12.5,


below.

12.4.5 If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be resolved as otherwise provided by the Contract and applicable law.

12.4.6 Following receipt of a Claim, the parties may mutually agree, in writing, to waive the mediation requirements of this Paragraph 12.4 and proceed to the commencement of a civil action.

12.4.7 All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion.

12.5. Dispute Procedures for Claims Under $375,000 (PCC §§ 20104, et seq.)

12.5.1. Public Contract Code Section 20104, et seq., specifies required provisions on resolving contract claims less than $375,000, which are set forth below, and constitute a part of this Contract.

12.5.2. For the purposes of this section, “Claim” means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by Owner. In order to qualify as a Claim, the written demand must state that it is a Claim submitted under Article 12 of Document 00 7200 (General Conditions) and be submitted in compliance with all requirements of Document 00 7200 (General Conditions), Article 12. Separate Contractor Claims that together total more than $375,000 do not qualify as a “separate demand of $375,000 or less,” as referenced above, and are not subject to this section.

12.5.3. A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim for purposes of this section. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under this section by submitting a separate claim in compliance with Contract Documents claim submission requirements.

12.5.4. Caution. This section does not apply to tort claims, and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code.

12.5.5. Procedure:

12.5.5.1. The Claim must be in writing, submitted in compliance with all requirements of these General Conditions, Article 12 including, without limitation, the time prescribed by and including the documents necessary to substantiate the Claim, pursuant to General Conditions, paragraph 12.2.


Claims must be filed on or before the day of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in these General Conditions, Article 12 or elsewhere in the Contract Documents.

12.5.5.2. For Claims of fifty thousand dollars ($50,000) or less, Owner shall respond in writing within forty-five (45) days of receipt of the Claim, or Owner may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims Owner may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section upon mutual agreement of Owner and Claimant. Owner’s written response to the Claim, as further documented, shall be submitted to Claimant within fifteen (15) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater.

12.5.5.3.. For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: Owner shall respond in writing within sixty (60) days of receipt of the Claim, or Owner may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims Owner may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section, upon mutual agreement of Owner and Claimant; Owner’s written response to the Claim, as further documented, shall be submitted to Claimant within thirty (30) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater. 12.5.5.4. Meet and Confer: If Claimant disputes Owner’s written response, or Owner fails to respond within the time prescribed above, Claimant shall notify Owner, in writing, either within fifteen (15) days of receipt of Owner’s response or within fifteen (15) days of Owner’s failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand Owner will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

12.5.5.5. Following the meet and confer conference, if the Claim or any portion remains in dispute, Claimant may file a claim as provided under the Contract Documents and applicable law.

12.6 Other Matters 12.5.1 The provisions of this Article 12 constitute a non-judicial claim settlement procedure that, pursuant to Government Code Section 930.2, shall constitute a condition precedent to submission of a valid Government Code claim. Contractor shall bear all costs incurred in the preparation, submission, and administration of a claim. Any claims presented in accordance with the Government Code must affirmatively indicate Contractor’s prior compliance with the Claims procedure herein


and the previous dispositions under Paragraphs 12.3 and 12.4 above of the claims asserted. No suit may be brought against Owner arising out of or in connection with the Contract unless and until Contractor presents to Owner a statutory Government Code Claim, in accordance with Government Code Sections 910, et seq. Pursuant to Government Code Section 930.2, the one-year period in Government Code Section 911.2 shall be reduced to 150 days from either accrual of the cause of action, substantial completion, or termination of the contract, whichever occurs first. In all other respects, the Government Code shall apply unchanged.

12.6.2 Failure to submit and administer Claims as required in Article 12 shall waive Contractor’s right to claim on any specific issues not included in a timely submitted Claim. Claim(s) or issue(s) not raised in a timely protest and timely Claim submitted under this Article 12 may not be asserted in any subsequent litigation, Government Code Claim, or legal action.

12.6.3 Contractor shall submit Subcontractor claims in the same manner as other Claims. In the event a Subcontractor (on behalf of the Subcontractor or a lower-tier subcontractor) requests Contractor in writing to present a Claim to the Owner and furnishes reasonable documentation supporting the Claim, Contractor shall, within 45 days of receipt of the written request, notify the Subcontractor in writing as to whether the Contractor presented the claim to Owner and, if the Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not doing so.

12.6.4 All waivers or modifications of this Article 12 may only be made a writing signed by Owner and Contractor, and approved as to form by legal counsel for both. Oral or implied modifications shall be ineffective.

12.6.5 Any failure by Owner to respond within any time frame contained in Paragraphs 12.2 through 12.5 of this Article shall result in the Claim being deemed rejected in its entirety. No failure to meet a time requirement shall constitute an adverse finding with regards to the merits of the Claim or the responsibility or qualifications of the Contractor.

12.7 Compliance with Statutory Procedures. The foregoing provisions of Paragraphs 12.1 through 12.6 are intended to comply with Public Contract Code Section 9204 and, to the extent applicable, Public Contract Code Section 20104, et seq. In the event of any conflict, the applicable Public Contract Code provision will apply.


Article 13 Suspension and Termination

13.1 Suspension for Cause. In addition to all other remedies available to Owner, if Contractor fails to perform or correct work in accordance with the Contract Documents, Owner may immediately order the Work, or any portion thereof, suspended until the cause for the suspension has been eliminated to Owner’s satisfaction.

13.1.1 Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents.

13.1.2 Owner’s right to suspend the Work shall not give rise to a duty to suspend the Work, and Owner’s failure to suspend the Work shall not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.

13.2 Suspension for Convenience. Owner reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for Owner’s convenience, and not due to any act or omission by Contractor or its Subcontractors. Upon notice by Owner pursuant to this provision, Contractor shall immediately suspend, delay, or interrupt the Work as directed by Owner. The Contract Price and the Contract Time shall be equitably adjusted by Change Order to reflect the cost and delay impact occasioned by such suspension for convenience.

13.3 Termination for Default. Contractor may be deemed in default if Contractor refuses or fails to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; to make prompt payment to its employees, subcontractors, or suppliers; disregards laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lacks financial capacity to complete the Work within the Contract Time; or is otherwise responsible for a material breach of contract.

13.3.1 Upon Owner’s determination that Contractor is in default, Owner may provide Contractor and its surety written notice of default and intent to terminate the Contract.

13.3.2 Within seven (7) calendar days after notice of intent to terminate for default has been given, unless the default is cured or arrangements to cure the default have been made and memorialized in writing, to Owner’s satisfaction, Owner may terminate the Contract by written notice to Contractor with a copy to Contractor’s surety.

13.3.3 Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety shall be deemed to have waived its right to


complete the Work under the Contract, and Owner may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that Owner determines advisable under the circumstances. Contractor and its surety shall be jointly and severally liable for any additional cost incurred by Owner to complete the Work following termination. In addition, Owner shall have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work.

13.3.4 In the event Owner terminates for default and it is later determined that there was no default by Contractor, Owner’s termination for default is automatically converted to a termination for convenience.

13.4 Termination for Convenience. Owner reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor shall immediately stop the Work, comply with Owner’s instructions, and use its best efforts to minimize further costs. In the event of termination for convenience, Contractor shall be compensated as follows:

13.4.1 For the value of its Work performed to date, including overhead and profit;

13.4.2 For demobilization costs, and

13.4.3 Five percent (5%) of the total cost of the Work performed as of the date of notice of termination or five percent (5%) of the value of the Work yet to be completed, whichever is less.

The parties agree that this sum constitutes full and fair compensation to Contractor.

13.5 Provisions Remaining in Effect. Upon termination pursuant to this Article, the provisions of the Contract Documents remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date.


Article 14 Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims. Pursuant to Public Contract Code Section 7103.5, Contractor and its Subcontractors agree to assign to Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or subcontract. This assignment shall be effective at the time Owner tenders Final Payment to Contractor, without further acknowledgement by the parties.

14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents shall be deemed to be inserted, and the Contract Documents shall be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents shall be amended accordingly.

14.3 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless specified in writing by the waiving party.

14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and shall not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.

14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that the Contract was awarded by Owner.


SUPPLEMENTAL GENERAL CONDITIONS

1. Preconstruction Conference. A preconstruction conference shall bescheduled prior to commencement of the Work. The date, time and location of thepreconstruction conference will be provided after award of contract and prior toissuance of in the Notice to Proceed.

2. Reference to Standard Specifications. Any reference to “StandardSpecifications,” “State Specifications,” or “CSS” within these Contract Documentsshall mean the current edition of the Standard Specifications of the State of California,Department of Transportation and any associated Revised Standard Specifications or“RSS” and the following shall apply:

2.1 In case of conflict between the Standard Specifications and the Contract Documents, the Contract Documents shall govern.

2.2 Where the term “Engineer” is used in the Standard Specifications, it shall mean the Owner’s Representative or authorized designee(s).

2.3 Where the term “Special Provisions” is used in the Standard Specifications, it shall mean these Supplemental General Conditions.

2.4 Where the term “State” is used in the Standard Specifications, it shall mean “Town of Moraga” or “Owner.”

2.5 Any provisions for measurement and payment specified in the Standard Specifications shall be disregarded and the provisions of the Contract Documents shall govern.

3. Builder’s Risk Insurance. Builder’s Risk Insurance is not required for thisproject.

1. 5. Authorized Work Days and Hours.

5.1 Authorized Work Days. Except as expressly authorized in writing byOwner, Contractor is limited to performing Work on the Project on the followingdays of the week prior, excluding holidays: Monday – Friday

5.2 Authorized Work Hours. Except as expressly authorized in writing byOwner, Contractor is limited to performing Work on the Project during thefollowing hours prior to: 8:00 a.m. to 5:00 p.m.

6. For Reference Only. Contractor shall be responsible for the careful review ofany document, study, or report appended to the Contract Documents solely forinformational purposes and identified as “For Reference Only.” Nothing in anydocument, study, or report so appended and identified is intended to supplement,


alter, or void any provision of the Contract Documents. Contractor shall promptly notify Architect/Engineer of any perceived or actual conflict between the Contract Documents and any document provided For Reference Only.

7. New Utility Connections. Owner shall pay connection charges and metercosts for new permanent utilities required by the Contract Documents. Contractorshall notify Owner sufficient in advance of the time needed to request service fromeach utility provider so that connections and services are initiated in accordance withthe Project schedule.

8. Subcontractors List. Before a Subcontractor commences work on the Project,Contractor shall provide the Owner’s Representative a written statement with thename of the Subcontractor, a description of each portion of the Work performed bythe Subcontractor, and the percentage of the overall Work to be performed by theSubcontractor. Copies of Subcontracts shall be available to the Owner’sRepresentative upon request.

9. Disposal of Materials Outside of Street Right-of-Way. Contractor shall beresponsible for all costs associated with disposal of excavated materials on propertyowned or controlled by third parties. Prior to disposal of any such materials onproperty owned or controlled by third parties, Contractor must obtain: (1) writtenpermission from the third-party owner or its lawful representative; (2) a writtenrelease from the third party owner or its lawfulrepresentative, releasing Owner from any and all liability arising from the disposal onthat property; and (2) written permission from the Owner's Representative to disposeof the materials at the location.

10. Emergency Contact. At or prior to the pre-construction conference,Contractor must provide the Owner's Representative with the name and telephonenumber(s) for the person(s) designated by the Contractor to serve as the emergencycontact at all times until the Project is completed. The person(s) designated toserve as the Contractor's emergency contact for this Project must be able at alltimes to arrive at the Worksite within thirty (30) minutes following notification of anemergency by the Town or Owner, regardless of the time of day.

11. Environmental Protection. The ProjectWorksite(s) are in close proximity to a

waterway(s) (the "Creek"). Contractor is required to comply with all applicable environmental laws, regulations, permits, and the like, and to ensure

that no prohibited substance or runoff is introduced to the Creek as the result of

Contractor's Work on the Project.

SPECIAL CONDITIONS Page 1

SPECIAL PROVISIONS

PIPE CONDITION ASSESSMENT USING CCTV

AND

STORM DRAIN CLEANING

SPECIFICATIONS

Special Conditions Index

Contents PART 1 - GENERAL ............................................................................................................. 2 PART 2 - SPECIAL PROVISIONS ..................................................................................... 12 PART 3 - GENERAL PROVISIONS ................................................................................... 13 PART 4 - EXECUTION ....................................................................................................... 19 PART 5 - PAYMENT FOR WORK ...................................................................................... 24


PART 1 - GENERAL

1.1 SCOPE OF SERVICES AND WORK PHASING

A. The purpose of this bid is to obtain competitive unit prices for all labor,material, and equipment necessary to inspect via closed-circuittelevision (CCTV) existing storm drain pipes and to perform HydrovacCleaning of existing storm drain pipes. All project locations will be withinthe Town of Moraga.

B. Contractor shall provide storm drain maintenance services for the Townof Moraga. This is a time and materials contract; the Town does notguarantee a minimum amount of services under this contract.

Contractor shall provide storm drain maintenance services to meet Townneeds. Services shall include, but not be limited to, maintenance, repair,and/or replacement of structural controls to ensure that discharges ofpollutants are minimized in accordance with best management practices(BMPs). Storm drain maintenance services may include the inspectionand cleaning of storm drain lines, catch basins and structural controls,including but not limited to Reinforced Concrete Pipes (RCP), ConcretePipes (CP), Perforated Concrete Pipes (PCP), Polyvinyl Chloride Pipes(PVC), Corrugated Metal Pipes (CMP), manholes, catch basins inserts,curb inlets, and Continuous Deflection System (CDS) devices. Asscheduled, Contractor shall clean, remove and dispose of accumulatedsoil materials and standing water. Sedimentary and soil materials mayinclude, but is not limited to; sand, silt, rocks, rubbles, bauxite, ropefibers, Styrofoam, wood chips, cement, fertilizers, molasses, wheat,soda ash, sodium bicarbonate, potash, steel, diesel bunker fuel, palmoil, ammonium nitrate, boxed goods, potassium, iron, magnesium,borax, talc, processed kelp materials, rubbish, organic matter, and/orfruits.

Contractor shall provide all labor, supervision, materials, equipment andall related incidentals required to perform required services. Contractorshall move, cover or protect any structures or equipment that has thepotential to be damaged during storm drain maintenance services. Anysuch damages caused by Contractor’s operation shall be repaired,replaced, reinstalled or reconstructed and restored, at no additional costto the Town. Contractor shall remove from Tidelands all materials, tools,equipment, debris and coverings upon completion of services.Contractor shall not permit debris and waste material generated fromany operations to enter into any storm water conveyance system or


receiving water. Contractor shall always maintain site safety and security of public areas.

Additional Services and Materials: The Town Representative may request additional services and materials that are not specifically defined in the above General Requirements section. Contractor shall not

Contractor shall possess a California State Contractor’s License, Classification A, C-34, C-36, or C-42 and submit to the Town Representative a copy of the license prior to award of the Agreement. In addition, Contractor must have performed similar storm drain cleaning projects within the last three years.

C. Contractor shall provide storm drain maintenance services to meet theTown needs. Services shall include, but not be limited to, maintenance,repair, and/or replacement of structural controls to ensure thatdischarges of pollutants are minimized in accordance with bestmanagement practices (BMPs). Storm drain maintenance services mayinclude the inspection and cleaning of storm drain lines, catch basinsand structural controls, including but not limited to Reinforced ConcretePipes (RCP), Concrete Pipes (CP), Perforated Concrete Pipes (PCP),Polyvinyl Chloride Pipes (PVC), Corrugated Metal Pipes (CMP),manholes, catch basins inserts, curb inlets,

D. The work to be completed on each section of pipe will be performed inphases as defined in the following:

1. Phase 1: Inspection.

a. Storm drain pipe sections shall be inspected by means of remoteCCTV. If a blockage hampers the inspection of the pipe in onedirection, then the Contractor shall attempt to complete thesection by televising from the other manhole or access point tocomplete the section. The Contractor must immediately report theobstruction to the Town or his representative (hereinafter referredto as “Town”). All CCTV work shall conform to Current NASSCO-PACP standards.

b. CCTV inspections will be delivered entirely in electronic format.1. All PACP Header information shall be completed in

accordance with PACP Guidelines.

2. The documentation of the work shall consist of PACP CCTV


Reports, PACP database, logs, electronic reports, graphics, etc. noting important features encountered during the inspection. The speed of travel shall be slow enough to inspect each pipe joint, tee connection, structural deterioration, infiltration and inflow sources, and deposits, but should not, at any time, be faster than 30 feet per minute, except as noted otherwise in this document.

3. The camera must be centered in the pipe to provide accuratedistance measurements to provide locations of features in thepipe and these footage measurements shall be displayed anddocumented on the video. All PACP Observations shall beidentified by audio and on PACP log. All video must becontinuously metered from manhole. The pipe should beclean enough to ensure all defects, features andobservations are seen and logged. If cleaning is required, seePerformance Specification Guideline for Storm Drain PipeCleaning.

2. Phase 2: Storm Drain Pipe Cleaning. Based on the Town’s review,the Town will determine if additional work will be required. The Town,at their sole discretion, will either declare the work on the particularpipe section complete or notify the Contractor of additional work (i.e.Phase 3: Heavy Storm Drain Cleaning, Deposit Cut, Root CutMedium, Root Cut Ball, or Lateral Cut).

3. Phase 3: Additional Storm Drain Pipe Cleaning (at the Town’sdiscretion). The Contractor shall perform the assigned additionalwork, which may be any one of the following items: Light Storm DrainPipe Cleaning, Heavy Cleaning, Deposit Cut, Root Cut Medium, RootCut Ball, or Lateral Cut.

4. Phase 4: Post Cleaning Inspection. Final televising of the pipesection to evaluate the condition of the pipe section after all cleaninghas been performed in phase 3. Phase 4 will be required to beperformed and will be reimbursed at the bid unit price.

a. The recorded video must show the entire circumference of thepipe. Any flow control to remove standing water and debris shallbe incidental to the contract. It is not the intent of this specificationto require bypass pumping to control heavy flow; however, theContractor must, at a minimum, make reasonable effort to control


the flow. The Contractor must also consider weather conditions to obtain the best video image of the pipe. This may require the Contractor to delay any video work after major rain events until the system can return to lower dry weather flow. The Contractor shall submit PACP data to include the electronic video reports, logs, graphics, etc. for the Town’s review.

b. The sections of pipe to be cleaned and televised through thiscontract will be located primarily within the paved areas of thepublic right-of-way; however, there may be some pipe sectionsthat are located within public easements on private property. Thesuccessful bidder will be responsible to coordinate and gainaccess to any and all pipe sections and will be responsible for anyrestoration. This will include written authorization betweenContractor and landowner. Costs associated with access will beincluded with other items bid in this contract.

E. The Contractor shall furnish all labor, components,materials, tools, and appurtenances necessary for the performance andcompletion of the contract.

F. Award of the contract will be determined through an evaluation of bidsand in the best interest of the Town.

G. The Contractor will be held fully liable for any damages incurred that arecaused by his or her negligence.

H. Patents, Trade Secrets, and Copyrights: The Contractor shall pay alllicense fees and royalties and assume all costs incident to the use inthe performance of the work or the incorporation in the work of anyinvention, design, process, product or device which is the subject ofpatent rights, trade secrets protection rights, or copyrights held byothers. The Contractor shall indemnify and hold harmless the Town andEngineer and anyone directly or indirectly employed by either of themfrom and against all claims, damages, losses and expenses (includingattorney’s fees and court and arbitration costs) arising out of anyinfringement of patent rights, trade secret protection rights, or copyrightincident to the use in the performance of the work or resulting from theincorporation in the work of any invention, design, process, product ordevice not specified in the contract documents, and shall defend all suchclaims in connection with any alleged infringement of such rights.

1.2 OWNER


This contract will be administered and performed under the direction and inspection of the Town of Moraga (“Town”) or its designated representative. Questions pertaining to this contract, before and after award, should be directed to Mark Summers, (925) 888-7038, [email protected].

1.3 COMPLIANCE AND ACCEPTANCE

A. Compliance with this contract shall be complete when all conditions setforth in these specifications have been met. The following defines eachwork item, the level of effort, and quality of work that will be necessary tomeet the intent of this specification.

B. Television Inspection1. CCTV inspections will be delivered entirely in electronic format.2. All CCTV work shall conform to the most current NASSCO PACP

standards. The documentation of the work shall consist of NASSCOPACP CCTV Reports, NASSCO PACP database, logs, electronicreports, graphics, etc. noting defects and observations encounteredduring the inspection.

C. Light Storm Drain Cleaning (Each Segment)Removal of Deposits Settled (DS): a. Up to 12-inches 25%b. 13- to 24-inches 15%c. 25- to 30-inches 10%

1. The Contractor shall clean the pipe and associated manholes,including drop connections and benches, to remove all DepositsSettled (DS), so that the pipe is ready for televising. This will requirean unlimited amount of passes of a hydraulic flusher to remove allloose debris and collect it for removal in the downstream manhole.All debris must be removed from the pipe, including any debris thatmay have been washed up into any service connections (does notinclude known pre-existing conditions in service connections), dropconnections or the bench wall of the manholes. This item does notinclude any root cutting, deposit removal, or grinding of protrudingservice connections.

D. Heavy Storm Drain Cleaning (Each Segment)1. Removal of Obstructions (OB) and Deposits Settled (DS) that

exceed percentage established for light cleaning. This alsoincludes Deposits Attached Grease (DAGS) if able to remove withrotating nozzle or other mechanical means; not to include saws or



cutters. Compliance with this section requires substantial effort towards cleaning. (THIS IS WRITTEN FOR SANITARY SEWER, USE OF HEAVY CLEANING FOR STORM DRAIN NEEDS TO BE JUSTIFIED).

2. Under this bid item, the Contractor shall remove all obstructions inthe pipe. All debris must be removed from the pipe, including anydebris that may have been washed up into any service connections(does not include known pre-existing conditions in serviceconnections), drop connections or the bench wall of the manholes.This includes all grease, rocks, debris, sticks, etc. that will reducethe hydraulic capacity of the pipe and limit future maintenanceaccess of remote equipment. This work will include an unlimitednumber of passes by high velocity hydro-cleaning equipment. Amechanical/hydraulic Spinner Nozzle may be used wherenecessary at no additional cost to the Town; however, theContractor shall be responsible for any damage to the pipe or anyservice connections. This item does not include cutting/grindingprotruding break-in connections, as that work will be paid under aseparate bid item.

3. The Contractor shall maintain detailed documentation of cleaningefforts made to remove these items. Such documentation shall bemade available to the Owner at any time.

4. The Contractor shall immediately notify the Owner if he believesthat this level of cleaning will cause a pipe collapse due to theexisting deterioration of the host pipe. The Owner’s determinationwhether to continue or stop work is final.

E. Root Cut (Each segment)1. Root Cut Medium - Removal of Roots Medium (RM), and Root

Balls (RB) in one or two joints.

2. Root Cut Ball – Removal of Root Balls (RB) removed in at least 3 joints.

3. The Owner shall determine if the pipe segment requires root cutcleaning. All roots must be screened, collected, and removed fromthe pipe for proper disposal.

4. The Contractor shall immediately notify the Owner if he believesthat these activities performed under this paragraph will cause apipe collapse due to the existing deterioration of the host pipe.


Owner's determination whether to continue or stop work is final.

F. Deposit Cut (Each Segment)1. Removal of Deposits Attached Encrustation (DAE) and Deposits

Attached Grease (DAGS) that require a cutter to remove.

2. Under this bid item, the Contractor shall remove all obstructions inthe pipe. All debris must be removed from the pipe, including anydebris that may have been washed up into any service connections(does not include known pre-existing conditions in serviceconnections), drop connections or the bench wall of the manholes.This includes all deposits, grease, debris, sticks, etc. that willreduce the hydraulic capacity of the pipe and limit futuremaintenance access of remote equipment. This work will includean adequate number of passes using high velocity hydro-cleaningequipment required to produce a clean pipe in accordance withthese specifications. A mechanical/hydraulic root, chain cutter, etc.may be used where necessary at no additional cost to the Owner;however, the Contractor shall be responsible for any damage to thepipe or any service connections. This item does not includecutting/grinding protruding break-in connections, as that work willbe paid under a separate bid item.

3. Compliance with this section requires substantial effort towardscleaning, chipping, cutting, grinding, etc. to remove hardeneddeposits, grease, etc. The Contractor shall use remote CCTVequipment to monitor the progress of the work and ensure that thepipe is not damaged.

4. The Contractor shall immediately notify the Owner if he believesthat activities performed under this paragraph will cause damagedue to the existing deterioration of the host pipe. The Owner'sdetermination whether to continue or stop work is final.

5. The Contractor shall maintain detailed documentation of cleaningefforts made to remove these items.

6. If attached deposits cannot be removed by tools normally used inthe industry, the Owner should be consulted immediately. TheOwner and the Contractor should discuss whether to cancel thework on that segmentation or negotiate a flat rate or hourly rate forthe Contractor to do the work.


G. Lateral Cuts1. Removing protruding laterals, excludes DIP, SP, CAS etc.

2. The Owner shall determine when break-in service connections willrequire grinding based on his review of the initial survey televisioninspection. The Contractor shall cut/grind the protruding serviceconnection by using a remote grinding/cutting device capable ofremoving, concrete, vitrified clay, PVC and other types of pipematerial. The device shall be specifically designed to cut/grindprotruding service connections. The Contractor shall use remoteCCTV equipment to monitor the progress of the work and ensurethat the service connection is not damaged.

3. The protruding break-in service connection shall be cut/groundflush to the main pipe without scouring or damaging the main pipeor service connection. All cuttings must be screened, collected, andremoved from the pipe for proper disposal. During the final surveytelevision inspection, the Contractor shall slowly pan the entirecircumference of the trimmed connection to verify the quality of thework.

4. The Contractor shall immediately notify the Owner if he believesthat the pipe is not structurally sound. The Contractor and Ownershall discuss the severity and risk of cutting/grinding the lateral. TheOwner shall then determine, if they want the lateral cut/ground, atthe Owners risk, or if the work should not be performed on thiscontract.

5. If other than typical lateral materials are encountered, theContractor shall notify the Owner and the Owner and Contractorshould discuss the ability, costs and risks associated withcutting/grinding the lateral. The Owner shall decide, whether tocut/grind the lateral or to not cut/grind the lateral. If the Ownerdecides to cut/grind the lateral, the price should be negotiatedbetween the Owner and Contractor, prior to cutting/grinding thelateral.

H. Debris Records1. The Contractor shall keep records of types of debris, removed from

each segment of pipe and provide these records to Owner in theformat requested by Owner.


1.4 REFERENCED DOCUMENTS

A. All work must also conform to the latest edition of the followingspecifications1. NASSCO PACP Standards

1.5 SUBMITTALS

A. All submittals are due as scheduled. Work will not proceed until allsubmittals are received and approved. The Town reserves the right toadjust the due dates of the submittals based on Contractor performance.The Contractor shall label each submittal indicating what is represented,name of Contractor, and project number. All submittals identified asbeing in error shall be re-performed and corrected at the Contractor’sexpense.

B. Submittals Required with Bid Documents include:1. List of references2. Documentation of Certification of PACP Software

C. Submittals required of the Successful Bidder1. Name of the project supervisor and resumes2. Documentation of NASSCO PACP certification for all CCTV operators,

database and software3. Sample inspection CCTV data and video or data from other approved

inspection methodD. Permits: Contractor shall obtain and pay all fees and costs for state,

federal or local government permits required to perform storm drainmaintenance services. Contractor shall be responsible for any permitviolations and fines incurred. Contractor shall not be entitled to anyreimbursement from the Town for fees, costs, permits, violations or finesincurred.

E. Equipment List: Contractor shall submit, for Town Representative’sapproval, a list of all motorized equipment proposed for use under thisAgreement. No motorized equipment shall be used by Contractor underthis Agreement until the equipment is approved, in writing, by the TownRepresentative.

1. Cleaning Water Tank to hold an adequate amount of cleaning watershall be a truck-mounted tank equipped with mounted nozzle heads.The tank shall be a watertight tank.

2. b. High Pressure Water Blaster shall be high-pressure spray nozzleequipped with high-pressure pump capable of varying water pressure(nozzle pressure) up to a maximum of 10,000 psi. These nozzles shallhave the capability of varying lead angle, angle of contact within the


drainage systems, dwell time, etc. 3. Vacuum Truck shall have a truck mounted industrial vacuum capable

of removing all waste material and equipped with watertight holdingtank (separate from cleaning water tank) to hold vacuumed up wastematerial.

4. Waste Material Tank shall be watertight tank to store all waste material,such tank referred hereinafter as storage bin shall be equipped toseparate solid waste from waste material and devices to movesuspended solids from liquid waste and transfer wastewater intowastewater tank.

5. Wastewater Tank shall be watertight tank to store wastewater.6. Television/Camcorder Inspection Equipment. Contractor shall provide

a DVD-formatted camcorder and necessary ancillary equipment forvideoing all interior sections of drainage systems. The equipment shallbe specifically designed and constructed for such inspection. Lightingfor the camcorder shall be suitable to produce a clear picture of theentire periphery of the interior surface of the drainage systems.

7. The camcorder shall be capable of operating in a 100% humidityenvironment.

8. Water Discharge Flow Meter shall be used to quantify, in gallons, theflow of cleaning and standing water being discharged in to any Townsanitary sewer.

9. Contractor shall provide other equipment like bulk hauling vehicles,loaders, machine driven scrapers and bores, mechanical drag bucket,machine driven brushes, root cutter, inflatable plugs (pigs) and othertools and equipment necessary to clean the inside of the drainagesystem, remove spoil materials and haul such materials to a Class IIIlandfill. Tools and equipment used to clean the drainage systems shallbe the type designed for the purpose of maintaining and cleaning thesystems without damaging interior surfaces or structurally damagingthe pipes and ancillary structures. j. Water used for cleaning shall be atContractor’s option, potable or non-potable conforming to theprovisions of this Agreement and “Water” of Standard Specifications forPublic Works Construction (SSPWC).

F. Contractor shall furnish to the Town Representative at the kick-offmeeting a copy of any licenses related to services under this Agreement.

G. Contractor shall furnish three copies of materials safety data sheet(MSDS) for all chemicals used on Town properties.


PART 2 - SPECIAL PROVISIONS

2.1 TOWN RIGHTS

A. The Town reserves the right to stop the work when in the Town’sjudgment the Contractor's work or activities are threatening the healthand safety of the public or endangering the environment or endangeringthe waters of the state. Work shall not proceed until a satisfactoryresolution has been achieved, according to the Town.

2.2 EMERGENCY RESPONSE

The Contractor shall provide direct contact information to the Town. These numbers are intended for the Town’s use in contacting the evening/weekend/holiday emergency work crew for emergencies resulting from the Contractor’s actions or lack thereof during this project. This crew shall be responsible for contacting the Town within one hour after the first verbal and electronic notification. If the Contractor's crew has not responded to the site of the emergency within one hour of the first contact, verbal and electronic, the Town will make all necessary repairs and bill the Contractor for all work performed. Premiums for emergency response shall be identified in the bid proposal.

2.3 WORKING HOURS

A. The Contractor may be required to work days, nights or weekends toachieve the lowest depth flows in the pipes and not conflict with publicevents.

B. No work will be allowed on weekends or holidays except at thediscretion of the Town.

2.4 PRE-QUALIFICATIONS

A. PACP Requirements

1. Current NASSCO PACP certification of all CCTV operators, working onthis project, will be required for all CCTV work.

2. Database shall be an NASSCO-PACP (Current Version) CertifiedAccess Database.

3. CCTV Software shall be NASSCO-PACP (Current Version) certified.4. CCTV inspections (Video and Data Collected) will be delivered entirely

in digital format.


PART 3 - GENERAL PROVISIONS

3.1 MAINTENANCE OF TRAFFIC

A. The Contractor shall be responsible for maintaining "local" traffic at alltimes and for notifying the proper authorities regarding the closing of theroads. The Contractor will be responsible for obtaining all permitsrequired for maintenance of traffic.

B. The Contractor shall not begin work until standard barricades andwarning signs are in an acceptable position and the markers and signsconform to the California "Manual of Uniform Traffic Control Devices forStreets and Highways" and all applicable state and local requirements.The Contractor assumes all responsibilities and liabilities regarding strictadherence to applicable sections for the maintenance of traffic andpublic safety as set forth in the FHWA "Manual of Uniform Traffic ControlDevices for Streets and Highways”, and other applicable regulations. Alltraffic control devices must be in place prior to starting work.

C. The cost of all traffic control devices shall not be paid separately, but shallbe included in the other price items in the contract.

D. The Contractor shall maintain local traffic at all times during all phasesof this project in a manner causing the least amount of inconvenience tothe abutting property owners. Temporary driveways, temporaryroadways, or run around as may be necessary to provide vehicularaccess to and from the abutting properties shall be constructed,maintained, and subsequently removed by the Contractor as directed bythe Town.

E. The portion of the pavement not affected by the work shall be kept clearof all material and equipment.

F. The Contractor shall hold harmless the Town and all its representationfrom all suits, actions, of claims of any character brought on account ofany injuries or damages sustained by any person or persons or propertyin the performance of this contract.

G. If at any time traffic has to be blocked (emergencies only), the Contractorshall notify the nearest fire, police departments and servicedepartments.

H. The cost of maintenance of traffic shall be incidental to the contract and


not measured for payment.

3.2 EXISTING UTILITIES

A. The Contractor must take the necessary precautions for the protectionof any utility encountered on the project or the restoration of any utilitydamaged during the work.

B. All maintenance, repair, and replacement of existing utilities shall be inaccordance with the rules and regulations of the various utilitycompanies having jurisdiction.

C. All existing storm pipes, driveway drains, surface drain pipes and otherproperty, removed or damaged during construction shall be repaired andreconnected by the Contractor as directed by the Town at no additionalcost to the Town.

3.3 USE OF PREMISES

A. The Contractor shall not trespass upon or in any way disturb privateproperty without first obtaining written permission from the propertyowner and/or owner or Prime Contractor as appropriate to do so. A copyof such written permission shall be furnished to the Owner prior toaccessing the site.

B. It shall be the Contractor's responsibility to work equipment aroundpoles, trees, or other obstructions and to do so at his own expense.

C. If the Contractor finds it necessary to obtain additional working area, itshall be the Contractor's responsibility for its acquisition.

D. The Contractor shall, at no additional expense, restore such property tothe original condition in the sole and unfettered opinion of the systemowner. The Contractor must take photographs and/or videos of existingproperties prior to disturbance of each property, and make a copyavailable to the system owner.

E. All items within the street right-of-way or pipe easement shall beremoved, or removed and replaced, or restored as directed by the Town.

F. The Contractor shall ensure all employees have visible identificationduring any time that they on the project site or within private property.This identification must be worn so that it is readily recognized andreadable to the public.


3.4 PROTECTION OF TREES

The Contractor shall avoid any unnecessary damage to trees. Branches which overhang the project limits and which interfere with the operation of equipment shall be tied back to avoid damage, if possible. Where injury to branches is unavoidable, the branches shall be sawed off neatly at the trunk or main branch, and the cut area shall be protected with approved pruning spray immediately. The Contractor at no additional expense shall remove any trees damaged beyond saving, and make restitution to the Town (public or private).

3.5 FENCING

Any fences, including hedge and shrubs, that need to be removed to facilitate the work shall be replaced, in kind or with repairs satisfactory to the Town, at the Contractor's expense. Replacement of fences, hedges, and shrubs shall be considered incidental to the contract and not measured for payment.

3.6 RESTORATION

A. All roadway berms and drainage ditches disturbed by the work shall berestored, reshaped, and graded to drain.

B. Pavement restoration, if necessary, shall conform to the Town'sregulations, or the Town's Specifications depending upon who hasjurisdiction for the street. Trench backfill and compaction shall be inconformance with the local street restoration jurisdiction.

C. The remediation of sunken trenches caused by activities conducted inthis contract shall be the Contractor's responsibility. Sunken areas shallbe backfilled and compacted to meet adjoining grades; the surface shallbe re-seeded or resurfaced with asphalt or concrete matching theexisting surfacing.

D. The Contractor shall restore unpaved areas by seeding and mulching.No direct payment will be made for seeding and mulching.

E. Driveways shall be restored in accordance with Town's regulations, orthe Town's Specifications depending upon who has jurisdiction for thedriveway.

F. All disturbed areas shall be restored as nearly as possible to theiroriginal condition.


G. All restoration shall be completed in strict accordance with theappropriate items of the specifications as directed by the Town.

H. The cost of all restoration of streets, drives, walks; sod, etc. shall beincidental to the contract and not measured for payment.

I. Restoration shall be kept current with the project work. Failure to keeprestoration of these items completed reasonably close shall result in astop work notice and delay of payment until such restoration iscompleted to the satisfaction of the Town.

3.7 CLEANUP

The Contractor shall keep the work area in an uncluttered condition by the frequent removal of debris. The Contractor shall remove all debris and unused material and leave the area in a condition similar to the condition of the area before any work was performed.

3.8 PROPERTY DAMAGE

A. The Contractor shall immediately investigate any and all reports ofsewage backing up into fixtures served by the pipe section that is beingcleaned or televised.

B. The Contractor will be required to notify the Town immediately if hecauses any damage to private or public property caused by activitiesrelated to this contract. The Contractor shall make repairs and/or cleanthe property immediately in a timeframe that is acceptable to the Town.

3.9 SAFETY REQUIREMENTS

Contractor shall abide by all CAL/OSHA, OSHA, and Town safety codes, policies, and procedures. If not in compliance with OSHA standards, Contractor will be responsible for fines incurred. Before the start of work, Contractor shall post signs and provide barricades to safely protect the public. At the completion of the work, Contractor shall remove all signs and barricades. Contractor shall follow current CALTRANS traffic control guidelines when performing work. Contractor shall submit required submittals to the Town Representative 10 days after award of this agreement. A list of submittals may be found in the Submittals Section of this scope of services.

Contractor alone shall be responsible for the safety, efficiency and adequacy of its employees, equipment, appliances, methods, and for any damage, which may result from their failure or improper maintenance or operation.


Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the services provided.

Contractor shall give notices and comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection.

Material usage shall be accomplished with strict adherence to California Division of Industrial Safety, or other governing regulations, and all manufacturers' warnings and application instructions listed on the Material Safety Data Sheet and on the product container label.

3.10 ENVIRONMENTAL REQUIREMENTS

All work to be completed as part of the Agreement must comply with all Municipal Permit requirements and Town direction related to permitted activities including the following requirements:

No discharges of any material may enter the stormwater conveyance system or creek system including, but not limited to, water, dust, petroleum products, soil or debris. Contractor must immediately remove any such material that inadvertently enters the storm drain system.

If any activity could potentially release materials to the storm drain system or the bay, appropriate protection of the storm drain system shall be implemented as described in the California Stormwater Best Management Practices (BMPs) Handbooks developed by the California Stormwater Quality Association (www.cabmphandbooks.com), or the US EPA's Preliminary Data Summary of Urban Stormwater Best Management Practices. All storm drain protection systems must minimize the discharge of pollutants and be adequately maintained.

Any materials being stored which could release constituents by wind or run-off transport shall be protected by overhead cover, secondary containment, tarpaulins, or other appropriate methods.

Contractor shall ensure all stockpiles related to their activities and/or storage of materials are covered daily throughout the term of the Agreement.

BMPs must be implemented to prevent dirt and/or debris from being tracked or


transported off the work site. All dirt and/or debris tracked or transported offsite shall be cleaned up at the end of each workday.

Any fuel products, lubricating fluids, grease or other products and/or waste released from Contractor’s vehicles or equipment shall be collected and disposed of immediately, in accordance with State, Federal, and local laws.

All job site waste materials will be properly disposed of at the completion of work, including unsalvageable materials that may have been in the storm drain conveyance system.

Contractor shall ensure that all employees are trained on the nature and implementation of the special provisions outlined above. This training shall include identifying the location of the storm drains on the job site, highlighting the proximity of the bay and the direct connection between the storm drain and the bay, and identifying all BMPs to be implemented to prevent the discharge of pollutants to the storm drain conveyance system or the bay.

Without limiting the generality of the other requirements of the Agreement, all work shall conform to the requirements of all applicable codes and the applicable requirements of the following documents:

A. California Occupational Safety and Health Administration Regulations,Title 8, California Code of Regulations.

B. Construction Safety and Health Regulations – Title 29, Code of FederalRegulations (CFR), Parts 1920 and 1926.

C. California Hazardous Waste Management Regulations, Title 22 and 23,California Code of Regulations, Division 4, Chapter 30.

D. California Regional Water Quality Control Board (CRWQCB).

E. Federal Water Pollution Control Act, 40 CFR Section 122.26.

F. State Water Resources Control Board Order No. 20120006-DWQ,National Pollutant Discharge Elimination System General Permit No.CAS 000002, Waste Discharge Requirements for Discharge ofStormwater Runoff Associated with Construction Activity.

G. California Regional Water Quality Control Board San Francisco BayRegion Municipal Regional Stormwater NPDES Permit Order R2-2009-0074 NPDES Permit No. CAS612008


H. In case of conflict between codes, reference standards, and otherAgreement documents, the most stringent requirements shall govern.All conflicts shall be brought to the attention of the Town Representativefor clarification and directions prior to proceeding.

Disposal of Solid Waste Materials: Contractor shall ensure that at all times during cleaning operations or transfer of waste, including hauling and disposal, that no such waste or material will spill anywhere. Contractor shall cover the top of the storage bin and the wastewater tank to prevent any accidental spillage. Contractor shall place sandbags along the perimeter of the designated storage area to prevent migration of such accidental spill into adjacent areas or storm drain or sewer system. Any spillage shall immediately be cleaned by Contractor to the Town’s satisfaction at no additional cost to the Town. Contractor is responsible for the cost of any cleaning or remedial actions necessary due to any spillage or unauthorized discharge.

PART 4 - EXECUTION

4.1 GENERAL

All services under this Agreement shall be undertaken by the Contractor only upon issuance of a Task Authorization issued by the Town for said services. Contractor shall not perform services until the Town representative provides a written Task Authorization specifically indicating the scope and negotiated cost for the services. A Task Authorization shall not be considered effective until the form has been signed by the Town. The Town does not guarantee a minimum or total amount of services against this Agreement.

Contractor shall provide a written report to the Town Representative on all inspection, cleaning, and maintenance operations under this Agreement. Such reports shall include the quantification of the amount of debris removed from each insert, catch basin, CDS Unit, or storm drain line.

A. Pre-cleaning Videotaping: Prior to beginning of work, the TownRepresentative may request Contractor to videotape any sections of theDrainage Systems scheduled to be cleaned. The Town Representativewill review the tape and determine the extent of the cleaning required. Ifafter review of the Pre-cleaning videotape, the Town Representativedetermines that no cleaning is required, Contractor will be notifiedaccordingly. All videotapes shall be of high quality and shall include taskauthorization number, date, time, surface landmarks locations, size,length, and type of pipe, and cleaning status (i.e., pre-cleaning or post-


cleaning). Pre-cleaning videotapes shall be labeled accordingly and kept separate from post-cleaning videotapes and digitally transferred to CD or DVD. Contractor shall provide the Town Representative with one videotape on CD or DVD discs.

B. Cleaning: Unless otherwise directed, Contractor shall perform allcleaning from the downstream catch basins. Contractor shall insertinflatable plugs (pigs) in open pipe ends to prevent discharge of wastematerials into additional pipe sections. Contractor shall be responsiblefor locating and obtaining access into manholes, catch basins, or curbinlets. Contractor should be aware of the tidal changes adjacent to stormdrain systems. Use of wastewater to clean storm drain system is notpermitted.

Contractor shall ensure uniform cleaning operations and 95% removalof spoil materials and standing water from inside the storm drain system.All harden soil materials and root intrusion shall be removed within thepipe section. Contractor’s cleaning operation shall not damage pipes,pipe connections, pervious backfill around the perforated subsurfacedrainage pipes, interior surfaces of the storm drain system that wouldreduce the hydraulic capabilities of the system. The interior walls of thestorm drain piping and ancillary structures shall be cleaned to provide aminimum of 95% interior cavity for each pipe, manhole, catch basins, orcurb inlet cleaned. Contractor shall maintain the existing flow line slopeas shown on the available drawings. All surface areas surrounding thework area will be swept clean and any debris removed. Contractor shallhaul waste to the designated storage area and transfer the wastes intoa watertight storage bin for separation of solids from wastewater.

Following completion of work, the Town may request Contractor tovideotape cleaned pipes, manholes, catch basins, curb inlets, or inserts.The Town Representative will review the videotapes and determine ifthe cleaning operation was performed to the Scope of Services.

If a section of storm drain system cannot be successfully cleaned due toblockage, Contractor shall videotape the obstructed section and submitthe videotape to the Town Representative for a determination. The costof post-cleaning videotaping shall be included in the cost for pipecleaning; Contractor will not be compensated for post-cleaningvideotaping.

C. The Contractor shall furnish and maintain, in good condition, all cleaningand televising equipment necessary for proper execution of the work.


D. Maintaining Flow: It will be the responsibility of the Contractor,throughout the tenure of this contract, to provide and maintain sufficientflow at all times to pass any flash of storm flow of drainage ditches andprevent any backwater flooding due to obstruction caused by cleaningor CCTV equipment.

E. Retrieval of Materials and Equipment: It shall be the Contractor'sresponsibility to remove materials and equipment that has been lodgedin the pipe from cleaning, television inspection, or point repairexcavations.

F. Work Schedule. This schedule shall outline the sequence in which theContractor proposes to conduct his operations and shall be approved bythe Town before work is started. The Contractor shall use a time-scaledlogic diagram format. The level of detail of activities shall provide clear,concise communication of the plan of work. At a minimum, activitiesshowing initial mobilization, start-up, cleaning and televising, and anyresultant point repairs shall be included.

G. Original and updated schedules must be provided to the Town in writing.The software used for producing the schedules must have the capabilityto tailor the form and format of schedules, and accompanying reports,to the Town’s requirements.

H. The Town may require additional updates to the schedule as changesoccur. These additional updates will be submitted to the Town within 24hours of the request. Changes to the schedule are subject to approvalof the Town.

4.2 TELEVISION INSPECTION AND COMPUTERIZED EQUIPMENT

A. The Contractor shall use a color pan and tilt camera or a side wallscanning (panoramic) camera specifically designed and constructed forpipe inspection. Each pipe to be televised shall be suitably isolated tocontrol flow during the inspection. The Contractor shall provide arecording of the televised pipe inspection, locating each pipe serviceconnection entering the pipe.

B. Lighting for the pan and tilt camera or side wall scanning camera shallprovide a clear picture of the entire periphery of the existing pipe.


C. The pan and tilt camera shall pause, pan, and visually inspect all serviceconnections, pipe ends, and maintenance or structural defects. Ifutilizing a camera with side wall scanning capabilities, pausing andpanning of each lateral is not necessary during the inspection if theimage clearly depicts the inside of the lateral for post processing. If ablockage cannot be removed and hampers the televising of the pipe inone direction then the Contractor shall attempt to complete the sectionby televising from the other manhole to complete the section, thisreversal should immediately follow the initial direction. The Contractormust immediately report the obstruction to the Town.

D. Side wall scanning inspection systems are imaging cameras that arecapable of a continuous 360 degree image capture of the wall of thepipeline being inspected. These systems may have one or multiplecameras to capture the complete interior view of the pipeline. Due to thehigh resolution of the image quality, the inspections may be conductedat a higher speed than color pan and tilt CCTV method. Once thepipeline inspections are completed, the captured images can be linkedwith a companion software package that allows for identifying andcoding defects and features in the pipeline. Typically these systemsprovide a fold flat view and a perspective view (typical of CCTV) of thepipeline.

E. If the image quality is not adequate for post-inspection coding, theContractor shall be required to repeat the survey at the Contractor’sexpense.

F. The Contractor shall perform all CCTV inspections in accordance withNASSCO’s Pipeline Assessment Certification Program (PACP). CCTVinspections will be delivered entirely in electronic format. The entiresurvey shall be recorded in an approved electronic format submitted withelectronic links between the data and the video. All television inspectionreports shall be with-in +/- two (2) feet of the measured linear footagebetween manholes along the existing pipe centerline from the start ofpipe to end of pipe. All Town and PACP required header informationmust be fully and accurately entered on all CCTV reports. Work notfollowing these specifications may be rejected for payment and theContractor may be required to re do the work.

G. The Contractor shall provide a PACP certified operator on site at alltimes during the entire survey. If video is to be coded separately fromthe actual recording, both the onsite Operator and the individualperforming the PACP coding shall be PACP certified. The Contractor


shall provide proof of certification prior to commencement of work, prior to a change in personnel involved in data collection, and as requested by the Town

H. CCTV Reports, logs, electronic reports, and worksheets must includethe following information and conform to the applicable guidelines:1. CCTV Reports, NASSCO PACP Certified Database, and electronic

worksheets must accompany all inspection work.2. All Town and NASSCO PACP required header information must be fully

and accurately entered on all CCTV reports.

4.3 STORM DRAIN CLEANING AND GRINDING OF SERVICE CONNECTIONS

A. The Contractor shall provide equipment that is specifically designedand constructed for pipe cleaning. Solids and debris resulting from thecleaning operation shall be collected and removed from thedownstream manhole and disposed of at a site selected by the Ownerand approved by appropriate jurisdictional personnel. Under nocircumstances shall sewage solids be dumped onto the surface,street, or into ditches, inlets, or storm drains.

B. The Contractor shall use the manufacturer’s recommended size toolsfor the various size pipes. Equipment recommended by themanufacturer to protect the manhole and pipe, such as pull-in slantjack rollers and roller and yoke assembly, roller manhole jacks, etc.shall be utilized.

C. The Contractor is required to submit documentation of the work that isperformed and the type of debris removed, as well as landfill permitsand disposal documentation.

D. The Contractor shall have a CCTV camera in the pipe, during allcleaning operations to include: Lateral Cut and Deposit Cut. Thecamera shall be used for the Contractor's verification that the cleaningequipment is not damaging the public pipe. No submittal is required forthis item and the cost for monitoring the cleaning equipment operationshall be included in the associated unit cost for the cleaning item. Thisin no way waives the Contractor's responsibility for damaging the pipebut is intended to bring the resulting damage to the Contractor'sattention so that the operation can be stopped in a timely manner.


PART 5 - PAYMENT FOR WORK

5.1 MEASUREMENT AND PAYMENT

A. In cases where the pipe is entirely inspected manhole-to-manhole, paymentswill be based on the measured linear footage between manholes along theexisting pipe centerline from manhole wall to manhole wall at the unit pricesubmitted on the unit price page.

B. Cleaning of drain pipes will be measured for payment by the linear foot of thevarious diameters of pipe actually cleaned and verified through televisioninspection. In cases where the pipe is entirely inspected manhole-to-manhole,payments will be based on the measured linear footage between manholesalong the existing pipe centerline from the center of the manhole at the unit pricesubmitted on the unit price page.

C. Lateral Cuts will be calculated for payment based on multiplying the numberof laterals satisfactorily completed and meeting the specification governing finalacceptance, by the bid unit price for each.

D. All invoicing will be by pipe segment, and payment and will be made when allpunch list items and rework are completed for each Storm Drain Segment.Additional work shall be invoiced and paid upon completion.

E. The following items of work will not be measured for payment but the costthereof will be considered as incidental to the contract:1. Data entry, computerized equipment, software, and hardware to submit therequired electronic submittals, including the video files, records, and logs.2. Completion of all electronic forms.3. Photographic equipment and supplies used to show storm drain pipe andmanhole defects.4. Bypass pumping and flow control where required by the Contractor toperform his or her work.5. Providing temporary and final paving at any proposed excavations.6. Providing temporary and final restoration of grass areas.7. Emergency after-hours response.8. Demobilization and mobilization because of suspension of work.9. Updates to the schedule as required by the Town.10. Right of entry access to private property.11. Dye testing of service connections in order to meet the CCTV specification.12. Traffic Control13. Mobilization/ Demobilization

F. In order for the Town to properly and accurately track costs of the contract,


the Contractor shall submit the final invoice on each project within 30 days after the completion of the project.

**END OF SECTION**

Attachment A – NCE Memorandum, CCTV and Hydrovac Guidance

Lake Tahoe, NV PO Box 1760

Zephyr Cove, NV 89448 (775) 588-2505

MEMORANDUM

Date: December 12, 2019 To: Town of Moraga From: NCE

Subject: CCTV and Hydrovac Guidance

The purpose of this memo is to provide the Town guidance on how to handle annual CCTV inspections and hydrovac cleaning as part of the Storm Drain Operations & Maintenance Program. Key information presented below include a description of the Town’s current storm drain Geographic Information System (GIS), the approach for conducing annual CCTV inspections and hydrovac cleaning, a description of the contracting process, the roles and responsibilities of the Town and the vendor, and an outline of the reporting requirements for hydrovac and CCTV inspection activities.

Storm Drain GIS Organization In order for the selected vendor(s) to provide the most meaningful information to the Town and prepare files in a format that is compatible with the Town’s storm drain GIS, the following description of the storm drain GIS is provided:

The Town’s storm drain GIS is organized into Node (i.e., junction or point) and Link (i.e., conveyance or line) feature classes, each classified by type. Node types include Catch Basins, Manholes, and Open Pipes. Link types include Pipes, Culverts, Ditches, and V-ditches.

The key attribute for each GIS record is the Unique ID, an exclusive database value that allows tables or other GIS layers to be joined to the Node or Link feature classes. When a vendor provides a summary of nodes or links that have been inspected using CCTV or cleaned using hydrovac methods, the Town requests the vendor provide a list of unique IDs that corresponds to those features. In order to successfully join vendor provided spreadsheets or tables to the GIS, it is important to note that Unique IDs must match exactly. In other words, a GIS record with Unique ID “N-0001” will not join to a table record with “N_0001”. The table record must also be input as “N-0001”.

The naming convention of the Unique ID for both Nodes and Links take two basic formats: 1. Records that begin with “L” (for Links) or “N” (for Nodes) followed by a four-digit

number (e.g., N-0001 or L-0001) refers to new data collected during the recent datacollection project

2. Records that begin with “Z” followed by a single number plus “LINK” or “NODE” thena four-digit number (e.g., Z8_LINK_0010 or Z8_NODE_0077) refers to legacy datathat existed prior to the recent data collection project

Approach to CCTV inspections and hydrovac cleaning CCTV inspections – The Enhanced O&M Program will involve the Town contracting with vendor(s) to perform complete condition assessments (CCTV inspections) for up to 5,000 linear feet (LF) of storm drain pipe each year. Depending on system conditions and observations, the

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Town will continue to televise storm drain assets at a rate of up to 5,000 LF/year for up to 10 years, or as long as resources are available. If CCTV inspections are reduced or ceased, Town staff will reevaluate the need for future CCTV inspections. The list of storm drain assets to receive a CCTV inspection for 2020 is included in Attachment A.

The CCTV inspection list includes link records that are stubs with a length of “20.00”; however, these are not actual lengths but instead represent a placeholder for future field verification based on the results of the asset inventory project. As a result, Town staff will need to field verify storm drain pipe assets with a length of “20.00”, confirm connectivity, update the GIS, and implement the CCTV inspections accordingly.

Hydrovac – Routine maintenance or hydrovac cleaning allows the storm drain system to perform as designed and constructed. Storm drain assets that cannot be efficiently maintained by Town staff through basic maintenance may be identified for routine maintenance. The Town will plan to hire a vendor to conduct hydrovac cleaning for up to approximately five (5) days each year. This approach to routine maintenance is based on past practices, the current list of storm drain assets to be cleaned, and a reasonable rate of hydrovac cleaning given the Town’s limited resources.

The enhanced O&M program assumes five (5) days of hydrovac services each year. Additional hydrovac services may be required in support of CCTV inspections. This effort would be above and beyond the proposed five (5) days each year. The list of storm drain assets to receive hydrovac cleaning for 2020 is included in Attachment B.

Vendor Contracting – The Town will develop a list of prequalified vendors through a Request for Qualifications (RFQ) or similar process. Annually, when the list of storm drain assets to receive a CCTV Inspection or hydrovac cleaning is developed, the Town will engage with prequalified vendors where a competitive bid process will result in the Town selecting a vendor and scheduling the CCTV inspections.

The Town will negotiate the specific scope of services, which may include a combined hydrovac and CCTV inspection, depending on the Town’s needs. In addition, seasonal unit costs ($/linear foot or $/day) will be negotiated with the selected vendor(s) to establish the best rate for CCTV inspections or hydrovac cleaning.

Vendor and Town Responsibilities When CCTV inspections of storm drain features are requested by the Town, the vendor will be provided a table that includes a list of Node and/or Link Unique IDs and associated attribute information. In addition, the Town will provide a series of maps for navigation. The Town will email the list and maps to the vendor’s point of contact.

The vendor will be responsible for locating each storm drain feature listed for hydrovac or CCTV inspection and capturing all the required inspection information including the following:

1) CCTV video files of links and photos of nodes2) Pipe plots or similar visual representation of pipe condition assessment (Attachment

C)3) CCTV and hydrovac summary spreadsheet (Attachment D)

This information will be presented in a report that includes a summary of the work completed, relevant observations, the duration of the work, and the equipment and methods used to complete the activities. Field notes, inspection forms, etc. will be accepted but are not required.

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Additional detail to be included for each section of the report or deliverable is listed below:

CCTV Video Files and Photos (CCTV only) • CCTV video files will be in MP4 format• Photos of nodes will be captured in JPG format• Each photo will include the Unique ID clearly indicated using a whiteboard or similar

field identification method

Pipe Plots (CCTV only) • Pipe plots will be in PDF format and include the following information:

o Visual profile representation of the pipe, location of pipe ratings, etc.o A sample of a pipe plot will be provided to the selected vendor(s)

Summary Spreadsheet (CCTV and hydrovac): • Template provided by Town• Two worksheets, one for Nodes and one for Links• For the Node worksheet, input the following for each feature inspected (CCTV and

hydrovac)o Unique IDo Feature Type (e.g., Catch Basin, Manhole, etc.)o Photo filenameo Maintenance condition upon arrival

Good: Feature is free from debris and flow is unhindered as it movesthrough the facility. No maintenance currently required

Fair: Feature is functional; however, small amounts of debris exist,flow can move through the facility, but maintenance is recommended

Poor: Feature has limited function, debris is evident, and requiresimmediate maintenance.

Complete blockage: Pipe has sediment or debris to the extent that thepipe is completely nonfunctional.

• For the Link worksheet, input the following for each feature inspected (CCTVInspection Only)

o Unique IDo Feature Type (e.g., Pipe, Culvert, etc.)o Maintenance condition upon arrival (see above for descriptions)o Upstream/Downstream Node IDso Diameter or length/widtho Pipe or Feature Materialo Linear feet inspectedo Duration of inspectiono Pipe condition ratings (using the NASSCO PACP Condition Grading System) for

two categories: Structural and O&M (Attachment E)o CCTV file nameo Pipe plot filename

• For the Link worksheet, input the following for each feature maintained (HydrovacOnly)

o Unique IDo Feature Type (e.g., Pipe, Culvert, etc.)o Maintenance condition upon arrival (see above for descriptions)o Upstream/Downstream Node IDso Diameter or length/width

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o Pipe or Feature Materialo Linear feet inspectedo Duration of inspectiono Depth to top of pipeo Other utilities or obstructions encountered

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Attachment A

Town of MoragaOperations Maintenance Program

2020 CCTV List

Unique ID Link Type Stub Owner Other Owner1 Link Material CCTV Reason Length (ft.)Z3_LINK_0190 Pipe Downstream Unknown Private Public (General) RCP Vanda 5 20.00Z2_LINK_0237 Pipe None Private Public (General) RCP Vanda 5 356.62Z5_LINK_0155 Pipe None Private Public (General) RCP Vanda 4 71.17Z5_LINK_0098 Pipe None Public (General) CMP Public/Easement and CMP; Vanda 5 39.00Z6_LINK_5000 Culvert None Public (General) CMP Public/Easement and CMP; Vanda 5 113.87Z5_LINK_0058 Culvert Other Private Public (General) CMP Public/Easement and CMP; Vanda 5 199.85Z2_LINK_0189 Pipe None Private Public (General) CMP Public/Easement and CMP; Vanda 5 241.74Z3_LINK_0159 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP; Vanda 4 and 5 20.00Z2_LINK_0140 Pipe None Private Public (General) CMP Public/Easement and CMP 9.23

L-0234 Pipe None Public (General) CMP Public/Easement and CMP 17.25L-0231 Pipe None Public (General) CMP Public/Easement and CMP 18.74

Z2_LINK_0235 Pipe Downstream Unknown Public (General) CMP Public/Easement and CMP 20.00L-0615 Pipe Downstream Unknown Public (General) CMP Public/Easement and CMP 20.00L-0422 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0382 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0623 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00

Z1_LINK_0001 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00Z7_LINK_0248 Pipe PPC Private Public (General) CMP Public/Easement and CMP 20.00

L-0547 Pipe PPC Public (General) CMP Public/Easement and CMP 20.00Z4_LINK_0050 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00

L-0683 Pipe Other Public (General) CMP Public/Easement and CMP 20.00Z9_LINK_0003 Pipe PPC Private Public (General) CMP Public/Easement and CMP 20.00

L-0618 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00Z3_LINK_0048 Pipe Upstream Unknown Public (General) CMP Public/Easement and CMP 20.00

L-0500 Pipe Upstream Unknown Public (General) CMP Public/Easement and CMP 20.00L-0477 Pipe PPC Private Public (General) CMP Public/Easement and CMP 20.00L-0514 Culvert Other Public (General) CMP Public/Easement and CMP 20.00

Z5_LINK_0013 Pipe PPC Private Public (General) CMP Public/Easement and CMP 20.00L-0381 Pipe Upstream Unknown Public (General) CMP Public/Easement and CMP 20.00L-0656 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0549 Pipe PPC Private Public (General) CMP Public/Easement and CMP 20.00L-0624 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0638 Pipe Other Private Public (General) CMP Public/Easement and CMP 20.00

Z2_LINK_0008 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0515 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0460 Pipe PPC Private Easement CMP Public/Easement and CMP 20.00L-0418 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0660 Pipe Downstream Unknown Public (General) CMP Public/Easement and CMP 20.00

Z2_LINK_0130 Pipe Downstream Unknown Public (General) CMP Public/Easement and CMP 20.00Z3_LINK_0151 Pipe PPC Private Public (General) CMP Public/Easement and CMP 20.00Z2_LINK_0075 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00Z7_LINK_0012 Pipe PPC Private Public (General) CMP Public/Easement and CMP 20.00Z2_LINK_0074a Pipe Other Private Public (General) CMP Public/Easement and CMP 20.00

L-0413 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0601 Culvert Other Public (General) CMP Public/Easement and CMP 20.00L-0505 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0684 Pipe Other Public (General) CMP Public/Easement and CMP 20.00L-0604 Pipe PPC Private Public (General) CMP Public/Easement and CMP 20.00L-0682 Pipe Downstream Unknown Public (General) CMP Public/Easement and CMP 20.00

Z2_LINK_0006 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0630 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0379 Pipe Upstream Unknown Public (General) CMP Public/Easement and CMP 20.00

Z2_LINK_0007 Pipe Downstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0501 Pipe Upstream Unknown Private Public (General) CMP Public/Easement and CMP 20.00L-0448 Pipe Upstream Unknown Easement CMP Public/Easement and CMP 20.00L-0681 Pipe PPC Public (General) CMP Public/Easement and CMP 20.00

Z2_LINK_0026b Pipe Other Public (General) CMP Public/Easement and CMP 20.00Z7_LINK_0288 Pipe None Public (General) CMP Public/Easement and CMP 22.59Z2_LINK_0226 Pipe None Public (General) CMP Public/Easement and CMP 24.21Z4_LINK_0195 Pipe None Public (General) CMP Public/Easement and CMP 29.71

L-0012 Pipe None Public (General) CMP Public/Easement and CMP 32.25Z7_LINK_0295 Pipe None Private Public (General) CMP Public/Easement and CMP 32.54

L-0161 Pipe None Easement CMP Public/Easement and CMP 33.45Z3_LINK_0103 Pipe None Public (General) CMP Public/Easement and CMP 36.06

L-0139 Pipe None Public (General) CMP Public/Easement and CMP 36.81Z7_LINK_0251 Pipe None Public (General) CMP Public/Easement and CMP 37.32Z2_LINK_0074 Pipe None Public (General) CMP Public/Easement and CMP 37.86

L-0232 Pipe None Public (General) CMP Public/Easement and CMP 39.23L-0152 Pipe None Public (General) CMP Public/Easement and CMP 39.88L-0230 Pipe None Public (General) CMP Public/Easement and CMP 50.06L-0206 Pipe None Public (General) CMP Public/Easement and CMP 51.82L-0104 Culvert None Private Public (General) CMP Public/Easement and CMP 55.92

Z3_LINK_0102 Pipe None Private Public (General) CMP Public/Easement and CMP 57.78L-0105 Culvert None Private Public (General) CMP Public/Easement and CMP 61.96

Z3_LINK_0059 Pipe None Public (General) CMP Public/Easement and CMP 62.68Z7_LINK_0266 Pipe None Public (General) CMP Public/Easement and CMP 68.77Z7_LINK_0036 Pipe None Private Public (General) CMP Public/Easement and CMP 79.14Z4_LINK_0042 Culvert None Private Public (General) CMP Public/Easement and CMP 83.16Z7_LINK_0283 Pipe None Public (General) CMP Public/Easement and CMP 96.91Z7_LINK_0242 Culvert None Private Public (General) CMP Public/Easement and CMP 98.28

L-0137 Culvert None Private Public (General) CMP Public/Easement and CMP 99.42L-0316 Culvert None Private Public (General) CMP Public/Easement and CMP 107.27

Z7_LINK_0009 Pipe None Private Public (General) CMP Public/Easement and CMP 115.41Z2_LINK_0212 Pipe None Private Public (General) CMP Public/Easement and CMP 119.94Z7_LINK_0285 Pipe None Public (General) CMP Public/Easement and CMP 130.82Z2_LINK_0053 Pipe None Private Public (General) CMP Public/Easement and CMP 134.66Z7_LINK_0265 Pipe None Public (General) CMP Public/Easement and CMP 137.62Z7_LINK_0284 Pipe None Public (General) CMP Public/Easement and CMP 138.59

L-0217 Pipe None Public (General) CMP Public/Easement and CMP 153.61Z7_LINK_0270 Pipe None Public (General) CMP Public/Easement and CMP 187.22Z7_LINK_3000 Culvert None Private Public (General) CMP Public/Easement and CMP 200.07

L-0003 Pipe None Public (General) CMP Public/Easement and CMP 235.43Z2_LINK_0049 Pipe None Private Public (General) CMP Public/Easement and CMP 279.45

1Owner is the primary field for owner; Other Owner presents if a link segment has more than one owner.

Page 6

Attachment B

Town of MoragaOperations Maintenace Program

2020 Hydrovac List

Unique ID Link Type Stub Owner Other Owner1 Maintenance Condition Length (ft.)Z5_LINK_0154 Pipe None Public (General) Poor 8.53

L-0457 Pipe PPC Private Public (General) Poor 20.00L-0656 Pipe Downstream Unknown Private Public (General) Poor 20.00L-0470 Pipe Upstream Unknown Private Public (General) Poor 20.00

Z4_LINK_0068a Pipe Upstream Unknown Private Public (General) Poor 20.00Z4_LINK_0085 Pipe PPC Private Public (General) Poor 20.00

L-0526 V-ditch Upstream Unknown Private Public (General) Poor 20.00L-0604 Pipe PPC Private Public (General) Poor 20.00L-0430 Pipe Other Private Public (General) Poor 20.00

Z4_LINK_0003a Pipe None Public (General) Poor 27.32Z7_LINK_0264 Pipe None Public (General) Poor 31.12Z4_LINK_0082 Pipe None Public (General) Poor 36.79Z7_LINK_0251 Pipe None Public (General) Poor 37.32Z7_LINK_0063 Pipe None Public (General) Poor 47.09

L-0104 Culvert None Private Public (General) Poor 55.92L-0201 Culvert None Public (General) Poor 60.34

Z4_LINK_0086 Pipe None Public (General) Poor 61.95Z9_LINK_0006 Pipe None Public (General) Poor 68.15

L-0200 Culvert None Private Public (General) Poor 74.40Z4_LINK_0021 Pipe None Private Public (General) Poor 136.59Z7_LINK_0307 Pipe None Public (General) Poor 213.01Z7_LINK_0020 Pipe None Private Public (General) Poor 226.22Z7_LINK_0119 Pipe None Private Public (General) Poor 316.34Z7_LINK_0118 Pipe None Public (General) Poor 632.27

1Owner is the primary field for owner; Other Owner presents if a link segment has more than one owner.

Page 7

Attachment C

4/11/2019 Plot.html

file:///P:/Active Projects/Moraga Town - A576/576.15.55 - Stormwater O&M/Rec'd from/Schaaf & Wheeler/181213 CCTV Flash Drives/Drive 2/Moraga2… 1/1

Project: ALDERBROOK PLACEDate: 7/21/2014 11:46:00 AM Pipe Segment Reference: Z3_0032 TO

Z3_CB0031Street: ALDERBROOK PLACE Upstream MH: Z3_0032Length Surveyed: 113 Downstream MH: Z3_CB0031Pacp Quick Overall Rating: 4123 Direction of Survey: UpstreamHeight (Diameter): 24 Material: Reinforced Concrete PipeStreet: ALDERBROOK PLACE

Severity

ID Number: Z3_CB0031

(0.0) - Manhole Remark: Z3_CB0031(0.0) - General Observation Remark: CATCHBASIN FOUND NOT ON MAP PLEASE ADD

TO GIS Z3_CB0031(0.0) - Water Level

(0.0) - Obstacle Pipe Material - Position: 3 To7 Remark: EXTRA CONCRETE AT OUTLET

PIPE

(67.3) - Roots Tap Joint - Position: 5



(113.0) - Water Level

(113.0) - Manhole Remark: Z3_0032

Total Distance: 113 ID Number: Z3_0032

Created with the report generator Back

http://www.posm.us/

Page 8

Attachment D

Date (M/DD/YYY) Vendor NameUnique ID(must match exactly)

DownstreamNode ID

UpstreamNode ID Link Type Activity Other Activity

Duration(hrs:min) Equipment

Maintenance Condition

Diameter (length/width) Material

Linear feet inspected

Depth to top of pipe Methods Observations CCTV filename (MP4) Pipe Plot filename (PDF)

Date (M/DD/YYY) Vendor NameUnique ID(must match exactly) Node Type Activity Other Activity

Duration(hrs:min) Equipment Methods Observations

Photo Filename (JPG)(with Unique ID)

Page 9

Attachment E

Attachment B – MUTCD Temporary Traffic Control Figures

California MUTCD 2014 Edition (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)

Chapter 6H – Typical Applications November 7, 2014 Part 6 – Temporary Traffic Control

Page 1212



Page 1205

Figure 6H-30. Interior Lane Closure on Multi-lane Street (TA-30)

--h -1 "'' W11-1 & W16-1 P (See Notes 6 &

L

-

See Section 6F.61 f Buffer Space

(optional)

Truck-Mounted Attenuator (optional)

Note: See Tables 6H-2 and 6H-3 for the meaning of the symbols and/or letter codes used in this figure.

Buffer Space See Section 6F.61

(optr a l) -

- -"---+--+

t t Typical Application 30

California MUTCD 2014 Edition Page 1187 (FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)



Page 1183


Figure GH-21. Lane Closure on the Near Side of an Intersection (TA-21)

... ...

t t t Note: See Tables 6H-2 and 6H-3

for the meaning of the symbols and/or letter codes used in this figure .

Work vehicle (optional)

...

.. See Section 6F.61

t t t Typical Application 21

Buffer space (optional)

W12-1

W9-3

W20-1



Page 1177

Figure GH-18. Lane Closure on a Minor Street (TA-18)

t

A

1

'

t

Typical Application 18


Work vehicle (optional )

Truck-mounted attenuator (optional)

Buffer space (optional )

50 to 00 ft

A

W21-1


Page 1171


Figure 6H-15. Work in Center of Road with Low Traffic Volumes (TA-15)

10 ft minimum to edge of pagement or outside edge of paved shoulder

(optional)

t

t


G20-2 ... t./ (optional)


(See Note #10) Temporary white edge line for long-term closure.

(opt;ooal)

t R4-7

W20-1


Page 1162



Page 1160



Page 1159



Page 1150


Figure 6H-6. Shoulder Work with Minor Encroachment (TA-6)

-- .. W20-1

G20-2

)!HOM avo ONl

(optional)

A

H \ ..

r----

' t

[ 10ft

' • • •

[

' Typical Application 6

... E NO WORK ROAD

(opti onal)

G20-2

Note: See 1 abies 6H-2 and or the meaning symbols and/or

codes used in

6H-3 of the letter this fig ure.

Vw"''' ehicle

Truck-m ounted uator onal)

atten v(opti

t

I Buffer space

(optional)

1/3 L

1

A W20-1

...


Page 1143


Figure GHI-3. Work on the Shoulders (TA-3)

G20-1

SlliW XX !XlN 1\ )IHOM OYOH \

"''

W21-5

-t

I Shoulder taper (see Note 7)

G20-2

)IHOM OVOH • ONl

(optional)


' t

' t

.a. END \__ ROAD WORK

(optional)

Shoulder taper (see Note 7)

_l 1/3 L

-t



... ...



Page 1139


Page 1143


Figure GHI-3. Work on the Shoulders (TA-3)

G20-1

SlliW XX !XlN 1\ )IHOM OYOH \

"''

W21-5

-t

I Shoulder taper (see Note 7)

G20-2

)IHOM OVOH • ONl

(optional)


' t

' t

.a. END \__ ROAD WORK

(optional)


_l 1/3 L

-t



... ...

Attachment C – Insurance Forms

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 oo

ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – (FORM B)

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULEName of Person or Organization:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarationsas applicable to this endorsement.)

WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in theSchedule, but only with respect to liability arising out of "your work" for that insured by or for you.

Attachment D – California Storm Water BMP Handbook September 2014 - SC-10, SC-11, SC-44