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HomeMy WebLinkAbout8153-8174RESOLUTION NO$174 (1993 Series) A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATION LIMIT AND SELECTING THE ADJUSTMENT FACTORS FOR THE FISCAL YEAR 1993 -1994 WHEREAS, the voters approved the Gann Spending- Limitation Initiative on November 6, 1979 and Proposition 111 on June 5, 1990, which established and defined annual appropriation limits on State and local government entities; and, WHEREAS, regulations provide for the establishment by resolution by the governing body of each local jurisdiction of its appropriations limit and the annual adjustment factors; M WHEREAS, the required computations to determine the estimated appropriations subject to limitation for Fiscal Year 1993 -94 have been performed by the Department of Finance and are available for public review. NOW, THEREFORE, BE IT RESOLVED, that the.Council of the City of San Luis Obispo does hereby adopt the following appropriation limit and annual adjustment factors for Fiscal Year 1993 -94: Appropriations Limit, 1992 -93 $22,087,343 Cost of Living Factor California Per Capita Income 2.72% Population Factor County Population Growth 1.86% Appropriations Limit, 1993 -94 $23,110,118 R -8174 Resolution No. 8174 (1993 Series) Uponmotionof Mayor Pinard on the following roll call vote: Page 2 secondedby Council Member Settle and AYES: Council Members Settle, Rappa, Roalman, Romero and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this ist day of June 1993. Peg Pin , Mayor ATTEST: 'mama / /.,�..L.� Clerk `M .. City of San Luis Obispo ArMUI'HIAIIUN LIMI1 Hlb1UHT ExhibitA Fiscal Year Limit Base Inflation Factor Population Factor Appropriation Limit Appropriations Subject to Limit Variance 1978 -79 $8,018,152 1979 -80 $8,018,152 1.1017 0.9966 8,803,564 $6,189,680 $2,613,884 1980 -81 8,803,564. 1.1211 1.0052 9,920,998 5,795,468 4,125,530 1981 -82 9,920,998 1.0912 1.0103 10,937,298 8,296,846 2,640,452 1982 -83 10,937,298 1.0679 1.0259 11,982,451 8,247,797 3,734,654 1983 -84 11,982,451 1.0235 1.0142 12,438,188 9,414,875 3,021,.313 1984 -85 12,438,188 1.0474 1.0213 13,305,250 10 „356,484 2,948,766 1985 -86 13,305,250 1.0374 1.0204 14,084,445 11,451,837 2,632,608 1986 -87 14,084,445 1.0230 1.0297 14,836 „316 13,081,774 1,754,542 Pre -Prop 111 1987-88 14,836,316 1.0304 1.0071 15,395,880 14, 411,701 984,119 1988 -89 15,395,880 1.0393 1.0410 16,656,977 15,223,479 1,433,498 1989-90 16,656,977 1.0498 1.0293 17,998,848 16,753,800 1,245,048 Post -Prop 111 1987 -88 14,836,316 1.0347 1.0293 15,800,924 14,411,701 1,389,22 -3 1988 -89 15,800,924 1.0466 1.0410 17,215,275 15,223,479 1,991,796 1989 -90 17,215,275 1.0519 1.0392 18,818,610 16,691,715 2,126,895 1990 -91 18,818,610 1.0421 1.0459 .20,511,013 15,005,409 5,505,604 1991 -92 20,511,013 1.0414 1.0304 22,009,518 14,911,057 7,098,461 1992 -93 ` 22,009,518 0.9936 1.0100 22,087,343 18,094,926 3,992,417 1993 -94' 22,087,343 1.0186 1.0272 23,110,118 15,215,044 7,895,074 . Appropriations subject to limit are estimates for these two years. a: \approhis jv o RESOLUTION NO. 8173 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 2132 LOCATED AT 1190 LAUREL LANE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 2132 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the R -3 zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easements for access through, or use of property within, the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has issued a negative declaration of environmental impact for the project, which is hereby approved. SECTION 2. Conditions. The approval of the tentative map for Tract 2132 is subject to the following conditions: Relationship to planned development: 1. Approval of this subdivision is contingent upon the adoption of the planned development rezoning of the included property to the R -3 -PD district as requested by application PD 13 -93. Density: 2. The maximum density allowed on each lot is 2.00 dwelling units, as defined by the zoning regulations. Lots may be developed with more than one dwelling unit if this density is not exceeded, and if all property development standards are met for the additional unit. C Resolution No. 8113 (1993 Series) Tract 2132 Page 2 Transportation: 3. The subdivider shall install a concrete pad and transit shelter, "P" pole sign and trash receptacle along the Laurel Ln. frontage, to the satisfaction of the City Engineer. The location shall be approximately 80 feet southerly of the Laurel /Southwood intersection, within the public R/W area behind the sidewalk (no bus turn -out is required). 4. The subdivider shall pay a maximum of $50,000 towards local area traffic improvement facilities.prior to recordation of the final map, as determined by the City Engineer. Anticipated improvements include a traffic signal at Southwood Drive and Laurel Lane, a traffic signal at Laurel Lane and Orcutt Road, railroad signal relocation and street widening at Orcutt Road. 5. The City is expected to adopt a new traffic impact fee sometime in mid -1993. Upon adoption of traffic impact fees, the fees specified above may be- credited towards any traffic impact fees if incorporated into the traffic impact fee list of projects. The subdivider shall pay all applicable traffic impact fees prior to recordation of the final map. 6. A bulletin board or information kiosk shall be installed in the recreation area. Information on ridesharing, transit, bicycle routes, other alternative transportation methods, plus recycling information shall be posted on this board or kiosk as it becomes available to the homeowners' association. Homeowners' association: 7. The subdivider shall establish covenants, conditions, and restrictions for the regulation of land use control of nuisances and architectural control of all buildings and facilities. These CC &R's shall be approved by the Community Development Department and administered by the Laurelwood homeowner's association. The subdivider shall include the following provisions in the CC &R's for the Tract: a. A homeowners' association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas, including private streets, drainage facilities, parking lots, walls and fences, lighting, recreation area, and landscaping in a first class condition. Resolution No. 8173 (1993 Series). Tract 2132 Page 3 b. The homeowners' association shall maintain all public right -of -way frontage improvements (on Laurel Lane and Southwood Drive), rather than individual lot owners. C. There shall be no provisions in the CC &R's that prohibit use of private clotheslines in rear yard areas. d. The City shall be granted the right to maintain the common areas and rights -of -way if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right to inspect the site at mutually agreed times to assure conditions of CC &R's and the final map are being met. e. There shall be no parking except in approved, designated spaces. f. The City shall have the right to tow away vehicles on a complain basis, which are parked in unauthorized places. g. Garages.shall be available for parking at all times. h. There shall be no outdoor storage of boats, campers, motorhomes, or trailers, nor long -term storage of inoperable vehicles. i. There shall be no outdoor storage by individual homeowners except in designated storage areas. j. The homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. k. Appropriate "no parking" signs and red - curbing shall be installed and maintained along interior streets as required by the City Fire Department. 1. There shall be no change in city - regulated provisions of the CC &R's without prior approval by the Community Development Director. Resolution No. 8173 (1993 Series) Tract 2132 Page 4 Public works improvements: 8. All interior streets shall have structural sections based on a soils report recommendation, and that meet City standards, subject to the approval of the City Engineer. 9. All sidewalks constructed along the private streets must meet all handicap access requirements and therefore must be a minimum of 4' -0" wide (excluding the curb width). All said sidewalks must maintain a minimum of 4' -0" clearance around any fire hydrant, street light pole, sign pole and any other street furniture or obstacle. 10. All entrances to this site (including the Laurel Ln. driveway) shall be constructed as street type entrances, to the satisfaction of the City Engineer. 11. The subdivider shall plant street trees along all streets (public and private) per City standards and to the satisfaction of the City Arborist. Tree species Laurel Lane......... Coast Live Oak /London Plane Southwood Dr ........ Evergreen Pear /Chinese Pistache Private streets..... Choose from Master Street Tree List Special consideration shall be given to the street tree planting scheme along the Laurel Ln. frontage. Specifically, it will be necessary to provide an 8'x 8' planting area adjacent to the back of sidewalk. 12. The subdivider shall dedicate street tree.easements along all public street frontages to the satisfaction of the City Engineer. 13. a. All water mains shall be public and shall be constructed per City standards to the satisfaction of the City Engineer and Utilities Engineer. b. All sewer mains within the private streets shall be public and shall be constructed per City standards to the satisfaction of the City Engineer and Utilities Engineer. C. All on -site storm drainage facilities shall be privately owned and maintained by the Homeowners' Association. Resolution No. 8i!3 (i993 Series) Tract 2.132 Page 5 14. The subdivider shall dedicate all private streets as a public water and sewer system easement, to the satisfaction of the City Engineer and Utilities Engineer. Said easement shall exempt the City from all responsibility for the replacement of any decorative pavements (other than City standard asphalt concrete pavement) used on any private streets. 15. Each lot shall be served by individual services (water, sewer, gas, electric, telephone and cable TV) to the satisfaction of the City Engineer and Utilities Engineer. Piping shall be installed to make use of reclaimed water for maintaining landscaping in the common area, to the approval of the Utilities Engineer and Public Works Director. 16. All water services shall be sized accordingly to provide the flows required for fire sprinklers, to the satisfaction of the Utilities Engineer and Fire Marshal. 17. The Subdivider shall dedicate a 6' wide public utilities easement along all street frontages (public and private). 18. The subdivider shall install conduit for the future undergrounding of existing overhead utilities, along the Laurel Lane frontage. If the cost of conduit installation is less than 2/7 of the total estimated cost of undergrounding, then the subdivider shall deposit the difference with the City. Any such sum is to be used to off -set the costs of the eventual completion of said undergrounding project. The Public. Works Director shall determine how and when the work will be done. 19. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc..., shall be tied to the City's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. A 5 -1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information System (GIS) purposes, is also required to be submitted to the City Engineer. 20. The subdivider shall provide the City Engineer with a detailed hydraulic analysis which indicates the effects of the proposed development on adjacent and downstream properties. The analysis must address the existing storm drain facilities and creek capacities. The proposed development cannot create a situation which increases flooding potential downstream. Resolution No. 8173 (1993 Series) Tract 2132 Page 6 21. The subdivider shall dedicate vehicular access rights to the City, along all public street frontages, except for approved driveway accesses (private streets). Sound wall: 22. The sound wall along Laurel Lane and Southwood Drive shall be set back at least 6' from the sidewalk, and a minimum of 40% of the frontage shall be set back at least 8', and shall be a combination of a wall and 31- high - minimum earth berm, with tree planters. A section of the wall, located approximately in the middle of the Laurel Lane block; shall be set back from 6' to 12' or more. The area between the .sidewalk and the wall shall be planted with a variety of drought- tolerant screening plants. The wall shall be designed, following the recommendations of an acoustical engineer, to address potential reflective sound affecting property across the street, to sound levels determined acceptable in the City's general plan. Design shall be to the approval of the Community Development Director or Architectural Review Commission. Addressing: 23. An addressing plan, including names for the private streets, shall be submitted for approval by the Community Development Director. On motion of Council Member Settle seconded by Council Member Roalman and on the following roll call vote: AYES: Council Members NOES: Mayor Pinard ABSENT: Council Member Settle, Roalman, and Romero Rappa the foregoing resolution was passed and adopted this 25th day of Mme, 1993. Mayor Pe Pinard ATTEST: It Cle iane R. Gladwell By: Kim Condon, Assistant City Clerk Resolution No. 8173 (1993 Series) Tract 2132 Page 7 APPROVED: ,s/ /L�. •i rr 0 , c CITY CLERK MEMORANDUM July 7, 1993 MEMO TO FILE: RE: RESOLUTION 8173 (1993 Series) Judy Lautner informed us that the revised resolution submitted by Community Development and subsequently approved by the City Attorney and conformed did not include two amendments made during the May 25th Council Meeting. Research confirmed this fact and a new resolution was drafted, approved and conformed on July 12, 1993 which included the previously omitted amendments (see attached.) C' C rk F--7 —.71 The subdivider shall establish covenants, conditions, and - -- restrictions for the regulation of land use control of nuisances and architectural control of all buildings and facilities. These CC &R's shall be approved by the Community Development Department and administered by the Laurelwood homeowner's association. The subdivider shall include the following provisions in the CC &R's for the Tract: a., A homeowners' association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance —of_ -all common areas, including private streets,___ewe _ m__ns,di7ainage facilities, parking lots, s wall and fences, lighting, recreation area, and landscaping in a first class condition. 14. The subdivider shall dedicate all private streets as a public water :ete:srit easement, to the satisfaction of the City Engineer and ffilities Engineer. Said easement shall exempt the City from all responsibility for the replacement of any decorative pavements (other than City standard asphalt concrete pavement) used on any private streets. RESOLUTION NO. 8173 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO \ GRANTING APPROVAL OF TENTATIVE TRACT NO. 2132 LOCATED AT 1190 LAUREL LANE BE IT RESOLVED by the Council of the City of San Obispo as,follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 2132 and / e Planning Commission's recommendations, staff recommendations; and reports thereof, makes the following findings: ,/ 1. The design Of the tentative map and proposed improvements are consistealt with the general plan. f 2. The site is physically suited for the type and density of development alloyed in the R -3 zone. 3. The design of the subdivision and /the proposed improvements are not likely to cause serious /h'ealth problems, substantial environmental damage\or substantially and unavoidably injure fish or wildlife or their hab:Ytat. 4. The design of the subdivision or the type of improvement will not conflict with easements for access through, or use of property within, the proposed subdivision. 5. The Community Development D \ ector has determined that the proposed subdivision /will not ave a significant effect on the environment and/has issued negative declaration of environmental impact for the project, which is hereby approved. SECTION 2. Conditions. The approva�j of the tentative map for Tract 2132 is subject to the followin conditions: Relationship to /planned development: 1. Approval /of this subdivision is contingent\ upon the adoption of the planned development rezoning of the ncluded property to the/R -3 -PD district as requested by application PD 13 -93. Density: 2. Th'e maximum density allowed on each lot is 2.00 dwelling units, as defined by the zoning regulations. Lots "ITay be / developed with more than one dwelling unit if this d ity is not exceeded, and if all property development stan;rds are met for the additional unit. S 'I- C��-C &C 'd me"M 0 d(D,+ c1 I I Resolution No. 8173 (1993 Series) Tract 2132 Page 2 Transportation: 3. The subdivider shall install a concrete pad and transit shelter, "P" pole sign and trash receptacle along the Laurel Ln. frontage, to the satisfaction of the City Engineer. The location shall be approximately 80 feet southerly of the Laurel /Southwood intersection, within the public R/W area behind the sidewalk (no bus turn -out is required). 4. The subdivider shall pay a maximum of $50,000 towards local area traffic improvement facilities prior to recordation of the final map, as determined by the City Engineer. Anticipated improvements include a traffic signal at Southwood Drive and Laurel Lane, a traffic signal at Laurel Lane and Orcutt Road, railroad signal relocation and street widening at Orcutt Road. .5. The.City is expected to adopt a new traffic impact fee sometime in mid -1993. Upon adoption of traffic impact fees, the fees specified above may be credited towards any traffic impact fees if incorporated into the traffic impact fee list of projects. The subdivider shall pay all applicable traffic impact fees prior to recordation of the final map. 6. A bulletin board or information kiosk shall be installed in the recreation area. Information on ridesharing, transit, bicycle routes, other alternative transportation methods, plus recycling information shall be posted on this board or kiosk as it becomes available to the homeowners' association. Homeowners' association: 7. The subdivider shall establish covenants, conditions, and restrictions for the regulation of land use control of nuisances and architectural control of all buildings and facilities. These CC &R's shall be approved by the Community Development Department and administered by the Laurelwood homeowner's association. The subdivider shall include the following provisions in the CC &R's for the Tract: a. A homeowners' association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas, including private streets, sewer mains, drainage facilities, parking lots, walls and fences, lighting, recreation area, and landscaping in a first class condition. Resolution No. 8173 (1993 Series) Tract 2132 Page 3 b. The homeowners' association shall maintain all public right -of -way frontage improvements (on Laurel Lane and Southwood Drive), rather than individual lot owners. C. There shall be no provisions in the CC &R's that prohibit use of private clotheslines in rear yard areas. d. The City shall be granted the right to maintain the common areas and rights -of -way if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right to inspect the site at mutually agreed times to assure conditions of CC &R's and the final map are being met. e. There shall be no parking except in approved, designated spaces. f. The City shall have the right to tow away vehicles on a complain basis, which are parked in unauthorized places. g. Garages shall be available for parking at all times. h. There shall be no outdoor storage of boats, campers, motorhomes, or trailers, nor long -term storage of inoperable vehicles. i. There shall be no outdoor storage by individual homeowners except in designated storage areas. j. The homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. k. Appropriate "no parking" signs and red - curbing shall be installed and maintained along interior streets as required by the City Fire Department. 1. There shall be no change in city - regulated provisions of the CC &R's without prior approval by the Community Development Director. Resolution No. 8173 (1993 Series) Tract 2132 Page 4 Public works improvements: 8. All interior streets shall have structural sections based on a soils report recommendation, and that meet City standards, subject to the approval of the City Engineer. 9. All sidewalks constructed along the private streets must meet all handicap access requirements and therefore must be a minimum of 4' -0" wide (excluding the curb width). All said sidewalks must maintain a minimum of 4' -0" clearance around any fire hydrant, street light pole, sign pole and any other street furniture or obstacle. 10. All'entrances to this site (including the Laurel Ln. driveway) shall be constructed as street type entrances, to the satisfaction of the City Engineer. 11. The subdivider shall plant street trees along all streets (public and private) per City standards and to the satisfaction of the City Arborist. . Tree species Laurel Lane......... Coast Live Oak /London Plane Southwood Dr ......... Evergreen Pear /Chinese Pistache Private streets..... Choose from Master Street Tree List Special consideration shall be given to the street tree planting scheme.along the Laurel Ln. frontage. Specifically, it will be necessary to provide an 81'x 8' planting area adjacent to the back of sidewalk. 12. The subdivider shall dedicate street tree easements along all public street frontages to the satisfaction of the City Engineer. 13. a. All water mains shall be public and shall be constructed per City standards to the satisfaction of the City Engineer and Utilities Engineer. b. All sewer mains within the private streets shall be public and shall be.constructed per City standards to the satisfaction of the City Engineer and Utilities Engineer. C. All on -site storm drainage facilities shall be privately owned and maintained by the Homeowners' Association. r i Resolution No. 8173 (1993 Series) Tract 2132 Page 5 14. The subdivider shall dedicate all private streets as a public water system easement, to the satisfaction of the City Engineer and Utilities Engineer._ Said easement shall exempt the City from all responsibility for the replacement of any decorative pavements (other than City standard asphalt concrete pavement) used on any private streets. 15. Each lot shall be served by individual services (water, sewer, gas, electric, telephone and cable TV) to the satisfaction of the City Engineer and Utilities Engineer. Piping shall be installed to make use of reclaimed water for maintaining landscaping in the common area, to the approval of the Utilities Engineer and Public Works Director. 16. All water services shall be sized accordingly to provide the flows required for fire sprinklers, to the satisfaction of the Utilities Engineer and Fire Marshal. 17. The Subdivider shall dedicate a 6' wide public utilities easement along all street frontages (public and private). 18. The subdivider shall install conduit for the future undergrounding of existing overhead utilities, along the Laurel Lane frontage. If the cost of conduit installation is less than 2/7 of the total estimated cost of undergrounding, then the subdivider shall deposit the difference with the City. Any such sum is to be used to off -set the costs of the eventual completion of said undergrounding project. The Public Works Director shall determine how and when the work will be done. 19. All boundary monuments, lot - corners and centerline intersections, BC's, EC's, etc..., shall be tied to the City's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. A 5 -1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information System (GIS) purposes, is also required to be submitted to the City Engineer.. 20. The subdivider shall provide the City Engineer with a detailed hydraulic analysis which indicates the effects of the proposed development on adjacent and downstream properties. The analysis must address the existing storm drain facilities and creek capacities. The proposed development cannot create a situation which increases flooding potential downstream. Resolution No. 8113 (1993 Series) Tract 2132 Page 6 21. The subdivider shall dedicate vehicular access rights to the City, along all public street frontages, except for approved driveway accesses (private streets). Sound wall: 22. The sound wall along Laurel Lane and Southwood Drive shall be set back at least 6' from the sidewalk, and a minimum of 40% of the frontage shall be set back at least 81, and shall be a combination of a wall and 31- high- minimum earth berm, with tree planters. A section of the wall, located approximately in the middle.of the Laurel Lane block, shall be set back from 6' to 12' or more. The area between the sidewalk and the wall shall be planted with a variety of drought - tolerant screening plants. The wall shall be designed, following the recommendations of an acoustical engineer, to address potential reflective sound affecting property across the street, to sound levels determined acceptable in the City's general plan. Design shall be to the approval of the Community Development Director or Architectural Review Commission. Addressing: 23. An addressing plan, including names for the private streets, shall be submitted for approval by the Community Development Director. On motion of Council Member Settle , seconded by Council Member Roalman , and on the following roll call vote:. AYES: Council Members NOES: Mayor Pinard ABSENT: Council Member Settle, Roalman, and Romero Rappa the foregoing resolution was passed and adopted this 25th day of May, 1993. Mayor Pe Pinard ATTEST: C i Clerk Dian Gladwell Resolution No. 8173 (1993 Series) Tract 2132 Page 7 APPROVED: Vvy� ^���Q� �� c�� �� � \�� `✓ GP /R 45 -93 RESOLUTION NO. 8172 (1993 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP TO CHANGE THE DESIGNATION AT 2160 SANTA BARBARA STREET FROM SERVICE- COMMERCIAL / LIGHT_ INDUSTRIAL TO PUBLIC /SEMIPUBLIC. WHEREAS, the Planning Commission and the City Council have held public hearings on the proposed amendment in accordance with the California Government Code; and WHEREAS, the potential environmental impacts of the amendment have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines; NOW, THEREFORE, the Council resolves as follows: SECTION 1. Finding. The amendment maintains general plan internal consistency and promotes the public health, safety and welfare. SECTION 2. Environmental Determination. An initial environmental study concludes that, with mitigation, the project will not have any significant adverse impacts on the environment (ER 45 -93). The Council hereby approves a mitigated negative declaration. `SECTION 3. Adoption. The general plan Land Use Element map is hereby amended as shown on the attached Exhibit A. The Community Development Director shall cause the change to be reflected in the documents published by the City. Council Council On motion of Member Settle, seconded by Member Romero , and on the following roll call vote: Ayes: Council Members Settle, Romero, Roalman, and Mayor Pinard Noes: None Absent: Council Member Rappa the foregoing resolution was passed and adopted this 18th day of May , 1993. Mayor P g Pinard ATTEST: ty erk Diane R Gladwell R -8172 r Resolution No. 8172 GP /R 45 -93 Page 2 . ":• _ D / wmL:reso\gpr45 -93 I li II�Ij�,1I IJII�� ci ty of san LUIS OBISp0 990 Palm Street /Post Office Box 8100 • San LuiS Obispo. Ca 93403.8100 EXHIBIT A Change in designation from Service - Commercial /Light - Industrial _ _ to Public /Semipublic I CV J U RESOLUTION NO. J�� 8171 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE. CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY APPROVING A CHURCH ON THE EAST SIDE OF JOHNSON AVENUE, NORTH OF GENERAL HOSPITAL (ARC 162 -92) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony; the applicant's request for approval of a church (ARC 162 -92), the appellants' statements, the Architectural Review Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed project will not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity. 2. The Community Development Director has determined that the proposed project, as amended by mitigation, will not have a significant effect on the environment and has granted a negative declaration. The City Council hereby affirms this action. SECTION 2. Appeal denied. The appeal of the Architectural Review Commission's action is hereby denied, and the Architectural Review Commission's action approving the design is upheld, subject to all conditions as required by the Architectural Review Commission, and including two additional conditions, as follows: 1. A 6 -foot high masonry wall shall be installed along the full extent of the northerly boundary of the church property, to screen adjacent residential uses from noise and visual intrusion. The design of the wall shall be subject to the approval of the Community Development Director prior to building permii issuance. 2. A public fire hydrant shall be installed at the southerly end of Fixlini Street in a location that attempts to minimize impacts on adjacent street parking, as approved by the Fire Chief. Council On motion of Council Member Romero seconded by Member Roalmart and on the following roll call vote: AYES: Council Members Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was passed and adopted this' 18 day of May 1993. R -8171 Resolution No. ARC 162 -92: Page 2 (1993 Series) 2070 Fixlini Street Mayor eg Pinard ATTEST: City,r-lert Diane Gladwell By: Kim ondon, Assistant City Clerk APPROVED: (::7Ci \Administrative Officer 0 ��� ���V' �� � �� . ���� ` �� ��' �� may, ��. ivy 1 RESOLUTION No. 8170 (1993) Series '`J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PARTICIPATION OF THE POLICE DEPARTMENT IN THE SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE WHEREAS, the City of San Luis Obispo recognizes that the trafficking and use of illicit drugs poses significant law enforcement and social problems within the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo recognizes that an effective illicit drug enforcement program can be accomplished only through the cooperative regional efforts of all the law enforcement_ jurisdictions within the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo desires that the San Luis Obispo Police Department should participate in the San Luis Obispo County Narcotic Task Force. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO HEREBY RESOLVES AS FOLLOWS: 1. That the City of San Luis Obispo adopt the Inter- Agency Agreement for the San Luis Obispo County Narcotic Task Force ( "agreement ") attached hereto as Exhibit A and incorporated herein by reference; 2. That the Chief of Police.be designated as the City's representative to the Board of Governors of the San Luis Obispo County Narcotic Task Force, and that he be authorized to execute agreements on behalf of the City, consistent with the Agreement and the City Budget; 3. That the Police Department provide manpower and support to the San Luis Obispo County Narcotic Task Force as delineated in the Inter - Agency Agreement for the San Luis Obispo County Narcotic Task Force; and 4. That this resolution shall remain in effect until June 30, 1996, the date of expiration for the Inter - Agency Agreement for the San Luis Obispo County Narcotic Task Force, unless sooner terminated by action of the City Council. On motion of Council MemberRomerq seconded by Council Member Roalman and on the following roll call vote, to wit. AYES: Council Members Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was passed and adopted this 18 day of May, 1993. PEG PINARD,MAYOR ATTEST: Dj5Kt GLAD ELL, ffFY CLERK APPROVED AS TO FORM: R -8170 ��� �� ,r' �- r. INTER- AGENCY AGREEMENT FOR THE SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE A- 41 -93 -CC This Agreement is entered into, by and among, the State of California, Department of Justice, Bureau of Narcotic Enforcement; the County of San Luis Obispo; the cities of Arroyo Grande, Atascadero,, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo; and the California Polytechnic State University, San Luis.Obispo; This agreement shall be effective July 1, 1993, provided that by said date it has been ratified by all agencies identified above. WITNESSETH WHEREAS, Law Enforcement Administrators agree that drug cultivation, manufacturing, distribution, sale, and use presents a major law enforcement problem, and WHEREAS, each agency identified above is unable to commit sufficient resources to adequately curtail those illegal practices, and WHEREAS, the above identified agencies, by Inter - Agency agreement, combined resources to control narcotics activities in San Luis Obispo County, and WHEREAS, the San Luis Obispo County Narcotics Task Force has been very successful during that time. i P A- 41 -93 -CC NOW, THEREFORE, the parties do agree as follows: 1. Effect of Agreement. This Agreement shall supercede and be a novation of the Law Enforcement Inter - Agency Agreement dated June 30, 1990. 2. Purpose The purpose of this Inter - Agency Agreement is to provide for the exercise of common power of each of the parties to provide combined investigative resources. These resources shall be utilized for the purpose of enforcing the laws of the State of California as they relate to narcotics and controlled substances. The specific goals and objectives of the Task Force will be determined by the San Luis Obispo County Narcotics Task Force Board of Governors and published as the SLOCNTF Operations Order Manual. 3. Governing Body of NTF. A. Composition of Board of,Governors The NTF will be governed by the Police Chiefs of Atascadero, Arroyo Grande, and San Luis Obispo, the Sheriff of San Luis Obispo County, the District Attorney of San Luis Obispo County, and the Special Agent in Charge of the Los Angeles Field Office of the Bureau of Narcotic Enforcement. Each of these members shall have an equal vote. 2 B. Authority of the Board The Board shall have the authority to establish, evaluate, and change the goals and objectives of the NTF whenever necessary. It shall also have the authority to enter into financial arrangements to the extent of resources available. Additionally, the Board of Governors will be responsible for the expenditure of seized asset forfeiture funds which are held in a San Luis Obispo County Narcotic Task Force account. The Board of Governors will, by majority vote, allow l expenditures from said account. C. Board Meetings The Board shall fix time and place for its meetings and shall hold at least one meeting quarterly. Any action taken by the Board shall be taken by a majority in attendance provided a quorum exists. Four members of the Board shall constitute a.quorum. D.. Board Chairman One member of the Board shall be elected as Chairman and serve for a one year term. The Bureau ,of Narcotic Enforcement Special Agent in Charge shall not serve as Chairman. 3 4. Supervision of the NTF A Special Agent Supervisor /Task Force Commander from the Bureau of Narcotic Enforcement shall be responsible for supervision of the NTF, and will report directly to the Board, through the Chairman. The Task Force Commander shall be requited to inform each agency head, on a frequency established by'the Board, on all potential targets for investigations, NTF activities, and /or any controlled substance related problems. 5. Task Force Assignments A. Agency personnel will be assigned as follows: San Luis Obispo Sheriff's Department - Two Deputy Sheriffs San Luis Obispo Police Department One Police Officer Atascadero Police Department Arroyo Grande Police Department Paso Robles Police.Department Morro Bay Police Department San Luis Obispo District Attorney Bureau of Narcotic Enforcement 4 - One Secretary I - One Police officer - One Police Officer - One Police Officer - One Police Officer - Two Investigators - one part -time Account Clerk One Special Agent Supervisor /Task Force Commander c {� B. Any individuals assigned shall be under the immediate control of the Task Force Commander and shall adhere to all NTF policies and procedures. C. Each agency shall be responsible for compensation of the personnel assigned from that agency to include all salaries, benefits, payroll taxes and insurances, and overtime. Overtime, due-to. potential budgetary impact, must be an item of communication between each agency responsible for payment and the NTF supervisor. D. The police officer assigned by the Atascadero Police Department, Arroyo Grande Police Department, and the secretary assigned by the San Luis Obispo Police Department shall be compensated by funds contributed by the following cities. City of. Arroyo Grande City of Atascadero California Polytechnic University City of Grover Beach City of Morro Bay City of Paso Robles City of Pismo Beach The City of San Luis Obispo will contribute funds to pay a portion of the Arroyo Grande Police Officer as their fair share. 5 Each agency will contribute funds to the City .of San Luis Obispo Finance Department as their fair share of the annual budget proposal approved by the Board of Governors. Any cost of living increases as granted by the employing agency will also be compensated. The San Luis Obispo Finance Department will dispense funds at the discretion of the Board of Governors. E. The police officers assigned by the Paso Robles Police Department, the Morro Bay Police department, and the account clerk assigned by the San Luis Obispo District Attorney's Office shall be compensated by funds generated by asset forfeiture monies. The assignment shall be evaluated every fiscal year for continuation based on the availability of revenue. 6. Asset Forfeiture It shall be the responsibility of the San Luis Obispo County Narcotic Task Force•to investigate those asset forfeiture seizures initiated within the County of San Luis Obispo under section 11470 of the California Uniform Controlled Substances Act and 21 United States Code 881. Such seizures will then be deposited in accounts maintained in a Narcotic Task Force interest bearing account. Expenditures of proceeds derived from such seizures after disposition shall be authorized by majority vote of the San Luis, Obispo County Narcotic Task Force Board of Governors in compliance 6 C) o with 11489 of the California Uniform Controlled Substances Act and /or federal guidelines. 7. Equipment and Supplies The San Luis Obispo Police Department, San Luis Obispo County Sheriff's Department, and the California Bureau of Narcotic Enforcement shall each be responsible for providing vehicles to be utilized by personnel assigned to the unit. This responsibility shall include insurance, gas and oil, upkeep and maintenance, radio installation, and other expenses associated with the vehicles. The California Bureau of Narcotic Enforcement will provide Task Force office space, telephone service, a portable base station, $20,000 in undercover buy funds, and will provide a burglar alarm system for said office. The San Luis Obispo Police 'Department will provide $1,200 in undercover funds for the purchase of drugs and narcotics in the City of San Luis Obispo. San Luis Obispo County Sheriff's Department will provide $1,000 in investigative funds for the purchase of drugs and narcotics in the County of San Luis Obispo. Additionally, $4,000 from the San Luis Obispo County Drug Fund will.be allotted to the Task Force for the purchase of drugs and narcotics in the County.of San Luis Obispo. Office supplies and office expenses should be provided for - from excess funds paid by the eight agencies listed in Section 5 -D. 7 8. 9. Acts of Participating Agents Personnel assigned to the Task Force shall be deemed to be continuing under the employment of their parent agency.. Term, Withdrawal, and Termination of Agreement The term hereof .is three years, until June 30, 1996. Any member agency may withdraw from the Task Force by resolution of its governing body. Written .notice of such withdrawal shall be given to the Board prior to February 01, and become effective only as of July 01, in the year in which withdrawal is made. Termination of this agreement may be made by resolution of the governing bodies of all but one of the participating agencies. IN WITNESS, WHEREOF, the, parties have executed this Agreement on the dates set forth beside their respective signatures. CITY OF SAN LUIS OBISPO Date APPRovED As To FORM: 8 Mayor Peg P Volard ATTEST: 'arc K , �� D e R. GladwellV City Clerk ��� ��1 • �N �� � � � �, n(� \ 'v �� � ;;- .� �� RESOLUTION NO.8169 (1993 Series) COMPENSATION OF PROPERTY OWNERS IN THE COMMERCIAL FIRE ZONE FOR UNDERGROUND WATERLINE CONNECTIONS THAT ARE REQUIRED FOR FIRE SPRINKLER RETRO -FIT WHEREAS, on June 6, 1990, the City Council adopted Ordinance. No. 1170 amending the San Luis Obispo Municipal Code Chapter 15, Section 15.08.010, adopting the 1988 Uniform Fire Code (UFC) and repealing Sections 15.08.040 through 15.08.350, and WHEREAS, the 1988 UFC, Section 10.306(c) requires "existing buildings that are in the `commercial fire zone,' as established in Section 10.501 of the UFC .as amended by the City of San Luis Obispo, shall have an automatic sprinkler system installed and operational throughout, by January 1, 2000," and WHEREAS, Ordinance 1205 (1992) Series amended the 1988 Uniform Fire Code Section 10.306(c) to add the exception that "Buildings of un- reinforced masonry construction shall have an automatic fire - sprinkler system installed and operational by the deadline set forth in the Building Code for compliance with seismic retro -fit standards ", and WHEREAS, Council directed staff to bring back a Capital Improvement Program over a nine- year period to help compensate property owners for the cost associated with the waterline connections in the "downtown core" for buildings requiring a retro -fit sprinkler system. NOW, THEREFORE, BE IT RESOLVED, the City Council authorize the compensation of each property owner in the commercial fire zone (Attachment 1), who is required to sprinkler retro -fit, actual costs up to the amount of $150 per foot for underground waterline connections from the property line to the point of connection with the City's water system. An annual adjustment for inflation shall be made to the $150 per foot rate, on January 1 of each year, based upon the "Engineering News Record" (ENR) publication, "20 Cities Construction Cost Index" (CCI), from the prior December issue, beginning at the base of April, 1993 of 5166.79. R -8169 Resolution No. 8169 (1993 Series) Page 2 Upon motion of Council Member Romero seconded by Council Member Roalman and on the following roll call vote: AYES: Council Members Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was adopted this 18th day of May 1993. ATTEST: VA 1p�, I W MM 4. A, rd" APPROVED: City A ministrative Officer Finance Director Ir Mayor Peg d Fire Chief Director Ce n 69 o• d i D3 as G✓s I .0 m b ao O s d RD s Do 0 r F UiN � r N N [O=Z e•s= d 'Is a3 3 4y �OSti 'yo � 'IS oaol vsoa v1Nvs '1S SOSO� 'IS oaaou '1S UUGHO_ *is 1S 04 .b i ace Eo �o i !-- ' � I nna ' W ATTACHMENT 1 r N w ■ i � C U = a V1NYS Soso oeaou boHo ovods IN HOV38 �lY �V � �� ��, �.� ���� �� ,� r ��� ��' RESOLUTION NO. 8168(1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING STANDARD SPECIFICATIONS FOR CONSTRUCTION OF PUBLIC WORKS PROJECTS WHEREAS, the Engineering Division of the Public Works Department is responsible for the preparation of Specifications for Public. Works Projects, and WHEREAS, specifications are necessary to ensure that Contractors of Public Works facilities construct projects to minimum acceptable standards and follow existing laws to protect the health, safety and welfare of the public, and WHEREAS, legally adopted Standard Specifications are necessary to provide "design and plan immunity" thereby protecting the City from possible liability, and WHEREAS, the existing Standard Specifications are in need of updating to be consistent with current State Standard Specifications (dated July 1992) and City policies and construction techniques and materials, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby: 1. Approves a booklet prepared by the Engineering Division of the Public Works Department setting forth Standard Specifications for construction of Public Works projects, entitled "Standard Specifications," attached hereto marked Exhibit "A" and incorporated herein by reference, and 2. Authorizes the Public Works Department to prepare and maintain a supply of said booklet for distribution. Resolution No8168 (1993 Series) Page Two. 3. Directs the City Engineer to incorporate these "Standard Specifications" in all construction contracts advertised by the City. On motion of council Member Romero and on the following roll call vote: seconded by Council Member Roalman AYES: Council Members Romero„ Roalman, Settle, and Mayor.Pinard NOES: None ABSENT: Council Member Rappa the foregoing Resolution was passed and adopted this 18th day of May , 1993. ATTEST: f r / i / ./, .� 7. APPROVED: JM /skids -sr by MAYOR P96 PINARD � � �� � �. \.�� � � �c V. ��v �� ��� ��� �� -� I L i r i t t i t PUBLIC WORKS ENGINEERING r h' !z Y DEPARTMENT DIVISION n i III •• STANDARD SPECIFICATIONS MAY 1995 APPROVED BY THE CITY ENGINEER: WAYNCA. PETERSON DATE CITY ENGINEER R.C.E. 18598 ADOPTED BY THE CITY COUNCIL BY RESOLUTION NO. 81689 1993 SERIES Copies of this publication may be purchased for $5.00 each. Please contact City of San Luis Obispo Engineering Dept., 955 Morro St., San Luis Obispo CA, 93401 (805) 781 -7200 CITY OF SAN LUIS OBISPO DEPARTMENT OF PUBLIC WORKS STANDARD SPECIFICATIONS 1993 These Standard Specifications shall be used in conjunction with the State of California, Department of Transportation, Standard Specifications dated July 1992, which shall be referred to as State ,j Standard Specifications. In case of a conflict between the State ai( Standard Specifications and the City of San Luis Obispo Standard Specifications, the City of San Luis Obispo Standard Specifications shall apply. SECTION.1 DEFINITIONS AND TERMS Definitions and terms shall be as defined in Section 1 of the State Standard Specifications except as herein modified. 1 -1.04 Attorney General. Shall mean the Mayor or City Clerk of the City of San Luis Obispo. 1 -1.13 Department, Department of Transportation, District Director of Transportation, Caltrans. Shall mean the City of San Luis Obispo. 1 -1..15 Director. Shall mean the City Engineer. 1 -1.18 Engineer. Shall mean the City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. 1 -1.25 Laboratory. Shall mean the City or a designated laboratory authorized by the City to test materials and work involved in the contract. 1 -1.37 Special Provisions. The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Standard Specifications. The Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be considered As a part of the special provisions. 1 -1.39 State. Shall mean the City of San Luis Obispo. M1 -1.40 State Contract. Act. Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to these Standard Specifications. l� t� 0 0 1 -1.49 State Standard Specifications. Shall mean the Standard Specifications of the California Department of Transportation, Business and Transportation Agency, dated July 1992. 1 -1.50 Standard Specifications. Shall mean the Standard Specifications of the City of San Luis Obispo. 1 -1.51 Engineering Standards. Shall mean the Engineering Standards of the City of San Luis Obispo. 1 -1.52 City. Shall mean the City of San Luis Obispo, California. SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS Proposal requirements shall be as specified in Section 2 of the State Standard specifications, except as herein modified. 2 -1.01 Contents of Proposal Forms. Section 2 -1.01, "Contents of Proposal Forms," of the State Specifications is amended by adding the following second paragraph: The quantity of work, to be paid for under any contract pay item shall be by the unit(s) specified in the contract proposal, in lieu of those units specified in the Standard Specifications and the State Standard Specifications. 2 -1.05 Proposal Form. All proposals must be made upon blank forms which are provided in the special provisions. All proposals must give the prices proposed, in figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or a partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal.must show the name of the state under the laws of which the corporation was chartered, the names, titles, and business addresses of the president, secretary and treasurer. 2-1.054 Required Listing of Proposed Subcontractors. The second paragraph shall be amended to read as follows: A sheet for listing the subcontractors, as required herein, is included in the "special provisions." 2 -1.06 Reiection of Proposal. The proposal may be rejected if it shows any alterations of form, additions not called for, conditional or alternative bids, erasures, or irregularities of any kind. Bids shall have all spaces for bid prices and.totals filled in, and shall be arithmetically correct. In any event, item prices shall prevail over total prices. F The Council of the .City of San.Luis Obispo, California, reserves the right to reject, any, and.;. all proposals, and may readvertise at its discretion. 2 -1.07 Proposal Guaranty. All bids shall be presented under sealed cover, and shall be accompanied by certified check, cashier's check, or bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City of San Luis Obispo. Such security shall be for an amount not less than ten percent (10 %) of the aggregate amount of said bid, and NO BID SHALL BE CONSIDERED UNLESS SUCH CERTIFIED CHECK, CASHIER'S CHECK. OR �) BIDDER'S BOND IS ENCLOSED THEREWITH. The outside of the envelope containing the bid shall be marked according to the instructions contained in the "Notice to Bidders." The bidder's bond shall conform to the bond form shown in special provisions for the project and shall be properly filled out and executed. SECTION 3 AWARD AND EXECUTION OF CONTRACT Award and execution of contract shall be as specified herein in lieu of the State Standard Specifications. 3 -1.01 Award of Contract. The City of San Luis Obispo reserves the right to reject any and all proposals. The award of contract, if it is awarded, will be to the lowest and best regular responsible bidder whose proposal complies with the requirements prescribed'. Such award, if made, will be made within thirty (30) days after the opening of the proposals. The period of time within which the award of contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the City and the bidder. 3 -1.02. Contract Bonds. The Contractor shall furnish two (2) good and sufficient bonds to the City of San Luis Obispo, California. One (1) bond shall be in the amount equal to fifty percent (50 %) of the total contract price for payment of claims for labor and other materials, and the other bond in the amount equal to one hundred percent (100 %) of the total contract price for faithful performance. A profit and loss statement will be required for those companies providing bonds which are not "Admitted" sureties. The City reserves the right to refuse such companies based on the profit and loss statement. 3- 1.03_ Execution of Contract. The Contract shall be signed by the successful bidder and returned, together- with the contract bonds and proof of insurance coverage, within ten '(110) days, not including 3 0 0 1 Saturdays, Sundays, or legal holidays, after the bidder has received '. notice that the Contract has been awarded. No proposal shall be considered binding upon the city until the execution of the Contract. 3 -1.04 Failure to Execute the Contract. The failure of the lowest and best regular responsible bidder to execute the contract and file acceptable contract bonds and the proof of insurance coverage within ten (10) days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice that the Contract has been awarded to him shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. 3 -1.05 Return of Proposal Guaranties. The bidder's security of the second and third lowest responsible bidders may be withheld until the contract has been finally executed. The cash, cashier's checks and certified checks submitted by all other unsuccessful bidders shall be returned to them within ten 10 days after the contract is awarded, and. their bidders' bonds shall be of no further effect. SECTION 4 SCOPE OF WORK Scope of work shall be as specified in Section 4 of the State Standard Specifications. SECTION 5 CONTROL OF WORK Control of work shall be as specified in Section 5 of the State Standard Specifications, except as herein modified. 5 -1.02 Plans and Working Drawings. After the fourth paragraph, add the following: Working drawings for any structure not included in the plans furnished by the Engineer shall be approved by.the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. 5-1.04 Coordination and Interpretation of Plans. Amend to read as follows: These Standard Specifications, the State Standard Specifications, the Engineering Standards, the State Standard Plans, project plans, special provisions, contract change orders, and all supplementary documents and standards are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are 4 {i, intended to be complementary., and to describe and provide for a complete work. Project plans shall govern over Engineering Standards; Engineering Standards and project plans shall govern over 1 these Standard Specifications; the special provisions shall govern over.these Standard Specifications, the State Standard Specifications, Engineering Standards, and the plans; these Standard Specifications shall govern over the State Standard Specifications. �i Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the special provisions, or 1 the plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the contract. In the event of any doubt or question that arises with respect to the true meaning of these specifications, the special provisions or the plans, reference shall be made to the Engineer, whose decision thereon shall be final. In the event of any discrepancy, between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings. 5- 1.07 - Lines and Grades. After the first paragraph add the following: Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The second paragraph shall be amended to read as follows: When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements, in writing, a reasonable length of time in advance of starting operations ,. that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time. 5 -1.08 Inspection. After the first paragraph, add the following: Whenever the Contractor changes the normal agreed -to hours of work, he shall give a 24 -hour notice to the Engineer, so that proper inspection may be provided. If the Contractor, fails to properly notify the Engineer as specified above, any work performed by the Contractor outside the normal hours of work and in the absence of the Engineer will be subject to rejection. 1 5 I SECTION 6 CONTROL OF MATERIALS Control of materials shall be as specified in Section 6 of the State Standard Specifications. SECTION 7� LEGAL RELATIONS AND RESPONSIBILITY Legal Relations and Responsibility shall be as specified in Section 7 of the State Standard Specifications, except as herein modified. 7 -1.01C Contractor's Licensing Laws. After the last paragraph, add �. the following: Attention is further directed to Business and Professions Code Section 7028.15(e) which requires that a licensed contractor shall not. submit a bid to the City unless the Contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that the representations are made under penalty of perjury. 7-1.08 and 7 -1.09 Public Convenience and Public Safety. The last a paragraph in Sections 7 -1.08 and 7 -1.09 shall be amended to read as follows: Except as otherwise provided in the special provisions, all items, including flagging costs, listed under this section 7- 1.08 and 7 -1.09 and the payment therefor shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. 7 -1.10 Use of Explosives. Before the first paragraph add the following: Should the Contractor require the use of explosives in work, he shall obtain a permit for such use from the City of San Luis Obispo Fire Department. The Contractor may also be required to increase the amount of his insurance if, in the opinion of the Engineer, the Contractor's insurance does not include sufficient coverage for such use of explosives. 7-1.12 Responsibility for Damage and Insurance. "Responsibility for Damage" shall be as specified herein in lieu of the State Standard Specifications. (A) Responsibility for Damage The Contractor shall indemnify and hold harmless the City of San Luis Obispo and its officers, officials, employees and agents from and against all claims, damages, losses and expenses including attorney 6 I fees arising out of the performance of the work described herein, caused in whole or in, part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of San Luis Obispo. The City of San Luis Obispo and all employees thereof connected with the work, including but not limited to.the City Engineer, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any .part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person, either workmen or the public; or for damage to property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. Nothing in the Contract is intended to create the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the contract intended to establish a standard of care owed to the public or any member thereof. (B) Insurance BIDDERS ATTENTION IS DIRECTED.TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY RECOMMENDED THAT BIDDERS CONFER WITH THEIR RESPECTIVE INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF BID SUBMISSION THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF AN APPARENT LOW BIDDER FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS, THAT BIDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance. of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. (a) Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage ( "occurrence" form CG 0001 1185) or 'Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 7 I • O 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. (b) Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General.Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the. required occurrence limit. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self - Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. j (d) Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:. liability arising out of activities performed by or on behalf of. the Contractor, including the insured's general supervision of the Contractor; products and completed operations of the 8 I Contractor-; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. . The coverage shall contain no special limitations on the scope of protection afforded to the City, - its. officers, officials, employees or volunteers: b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance_ and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; its officers, officials, employees or volunteers.. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation- against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3. All Coverages Each insurance policy required by this clause shall be endorsed 1 to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail; return receipt requested, has been given to the-City. (e) Acceptability of Insurers 1 Insurance is to be placed with insurers with a Best's rating of no less than A:VII. (f) verification of Coverage Contractor shall furnish the City with certificates of. insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and. endorsements are to be on forms provided by the City in the special provisions. Where by statute, the City's workers' compensation- related forms cannot be used, equivalent forms approved by the Insurance Commissioner are, to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 9 I o (g) Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7-1.15 Relief from Maintenance and Responsibility. This section is deleted in its entirety from this Standard Specification. 7 -1.23 Guarantee. In addition to any other warranties and guarantees provided by law or in any other provision of these Standard Specifications, the Contractor shall be responsible for faulty materials or workmanship appearing within one year from the completion of the project and shall immediately, upon written notice, remedy any defects resulting therefrom and shall pay for any damage to other work resulting therefrom. SECTION 8 PROSECUTION AND PROGRESS Prosecution and progress shall be as specified in Section 8 of the State Standard.Specifications, except as herein modified. 8 -1.04 Progress. Schedule. The first and second paragraph are amended to read as follows: Before starting work, the Contractor shall submit to the Engineer a practical progress schedule, and on or before the fifteenth of each month a copy showing the status of work actually completed during the preceding estimate period. The schedule shall indicate the controlling items of work for each phase of the project. 8-1.06 Time of Completion. Shall be as specified in Section 8 -1.06 of the State Standard Specifications, except as herein modified:. day - Working days will be counted beginning on the of the pre job conference. 8 -1.08 Termination of Control. The second paragraph shall be amended as follows: If the Contractor's control of the work is terminated or he abandons the work and the contract work is completed in conformance with the provisions of Section 10255 of the State Contract Act, any dispute concerning the amount to be paid by the City to the Contractor or his surety or to be paid to the City by the Contractor or his surety, under the provisions of Section 10258 -of Said Act, shall be subject to the provisions in Section 9- 1.11, "Resolution of Construction Claims," of the Standard Specifications. 10 I S -1.10 Utility and Non- Highway Facilities. Shall be as specified in Section 8 -1.io of the State Standard Specifications, except as herein modified: extension of time, agreeable to both_ the City and the Contractor, shall be granted. SECTION 9 MEASUREMENT AND PAYMENT I� Measurement and payment shall be as specified in Section 9 of the State Standard Specifications except as herein modified. 9- ..1.03A Work Performed by Contractor. The second paragraph shall be amended as follows: To the total of the direct costs computed as provided in Sections 9- 1.03A(1) "Labor," 9- 1.03(2) "Materials," and 9- 1.03A(3), "Equipment Rental," there will be added a markup of 24 percent to the cost of labor, 15 percent to the cost of materials, and 15 percent to the cost of equipment rental. All utilities that would.interfere removed or relocated by with construction will their respective owners before be or during construction, and no additional compensation shall be allowed to the Contractor if he is required to work around writing to be made by the utility facilities which have not been removed or acceptable, and for relocated. However,. if the Contractor's work is delayed by the above mentioned utility removal or relocation, an extension of time, agreeable to both_ the City and the Contractor, shall be granted. SECTION 9 MEASUREMENT AND PAYMENT I� Measurement and payment shall be as specified in Section 9 of the State Standard Specifications except as herein modified. 9- ..1.03A Work Performed by Contractor. The second paragraph shall be amended as follows: To the total of the direct costs computed as provided in Sections 9- 1.03A(1) "Labor," 9- 1.03(2) "Materials," and 9- 1.03A(3), "Equipment Rental," there will be added a markup of 24 percent to the cost of labor, 15 percent to the cost of materials, and 15 percent to the cost of equipment rental. materials furnished and delivered by the Contractor on the ground and not used, to the time of such estimate, and the value thereof. The City of San Luis Obispo shall retain ten percent (10%) of such estimated value of the work done and fifty percent (50 %) of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid as part security for the fulfillment of. the Contract by the Contractor, and shall monthly pay to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under provisions of the Contract. No such estimate or payment shall be required to be made, when, and in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the Contract or when in his judgment the total value of the work done since the.last estimate amounts to less than three hundred dollars ($300.00). No such estimate or payment shall be construed to be an acceptance of any defective or improper material. �, 11 I 9 -1.06 Partial Payments. Shall be amended to read as follows: The City of San Luis Obispo shall, once in each month, cause an estimate in writing to be made by the Engineer of the total amount of work complete and acceptable, and for materials furnished and delivered by the Contractor on the ground and not used, to the time of such estimate, and the value thereof. The City of San Luis Obispo shall retain ten percent (10%) of such estimated value of the work done and fifty percent (50 %) of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid as part security for the fulfillment of. the Contract by the Contractor, and shall monthly pay to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under provisions of the Contract. No such estimate or payment shall be required to be made, when, and in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the Contract or when in his judgment the total value of the work done since the.last estimate amounts to less than three hundred dollars ($300.00). No such estimate or payment shall be construed to be an acceptance of any defective or improper material. �, 11 I It is mutually agreed between the parties to the Contract that no certificate given or payments made under Contract, except for final certificate of payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, against any claim of the part of the first part and no payment shall be construed to be an acceptance of any defective work or improper materials. The Contractor further agrees that the payment of the final amount due under the Contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of San Luis Obispo, the City Council and the Engineer from any and all claims or liability on account of work performed under the Contract or any alteration thereof. 9 -1.08 Adjustment of overhead Costs. This section is deleted in its entirety from this Standard Specification.\ 9 -1.10 Arbitration. This section of the State Standard Specifications is deleted in its entirety from this Standard Specification. 9 -1.11 Resolution of Construction Claims. Construction claims of three hundred seventy -five thousand dollars ($375,000) or less arising under or related to the performance of the Contract shall be resolved as specified in the Public Contract Code Sections 20104.0- 20104.8, inclusive, and these Standard Specifications. 12 I 9 -1.07 Payment. After Acceptance. Section 9 -1.07, "Payment After Acceptance," Section 9- 1.01A, "Payment Prior to Proposed Final Estimate," and Section 9- 1.07B, "Final Payment and Claims," of the State Standard Specifications are amended to read as follows: Final Payment. The Engineer shall, after the completion of the Contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City of San Luis Obispo shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract.. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment will not be due and payable until the expiration of �. thirty -five (35) days from the date of acceptance of the work by the City Council. The date of acceptance of the work shall be the date that the City Council formally accepts the ._...v.L .,....., 4-1,e of i`}.o Fnni nccr It is mutually agreed between the parties to the Contract that no certificate given or payments made under Contract, except for final certificate of payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, against any claim of the part of the first part and no payment shall be construed to be an acceptance of any defective work or improper materials. The Contractor further agrees that the payment of the final amount due under the Contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of San Luis Obispo, the City Council and the Engineer from any and all claims or liability on account of work performed under the Contract or any alteration thereof. 9 -1.08 Adjustment of overhead Costs. This section is deleted in its entirety from this Standard Specification.\ 9 -1.10 Arbitration. This section of the State Standard Specifications is deleted in its entirety from this Standard Specification. 9 -1.11 Resolution of Construction Claims. Construction claims of three hundred seventy -five thousand dollars ($375,000) or less arising under or related to the performance of the Contract shall be resolved as specified in the Public Contract Code Sections 20104.0- 20104.8, inclusive, and these Standard Specifications. 12 I SECTION 10 DUST CONTROL Dust control shall be as specified in Section 10 of the State Standard Specifications, except as herein modified. 10 -1.03 Dust Control. The dust and slurry produced during pavement sawcutting shall be cleaned up immediately following cutting. The dust and slurry shall be removed from the site by vacuuming and not washed into city sewers or storm drains. Alternate methods of removal shall be approved in writing by the Engineer prior to implementation by the Contractor. 10 -1.04 Payment. The last paragraph of this section is deleted in its entirety from these Standard Specifications. SECTION 11 MOBILIZATION Mobilization shall be as specified in Section 11 of the State Standard Specifications. SECTION 12 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES Construction area traffic control devices shall be as specified in Section 12 of the State Standard Specifications, except as herein modified. 12 -2.02 Flagging Costs. The first paragraph of this section is .: amended to read as follows: The cost of furnishing all flaggers, including transporting flaggers, to provide passage of public traffic through the work under the provisions in Sections 7 -1.08 "Public Convenience" and 7 -1.09 "Public Safety," of the State Standard Specifications, shall be considered as included in the prices paid. for the various items of work and no additional compensation will be allowed therefor. The cost of providing stands or towers for use of flaggers shall be considered as part of the cost of furnishing flaggers. SECTION lb EXISTING HIGHWAY FACILITIES Existing highway facilities shall be as-specified in Section 15 of the State Standard Specifications, except as herein modified. 13 • O 15 -2.02A Obliterating Roads and Detours. Unless otherwise specified in the special provisions, obliterating shall consist of removal of all asphalt, concrete or Portland cement concrete pavement and rooting, plowing, pulverizing or scarifying to a minimum depth of 0.5 foot or to the bottom of the underlying base material, whichever is the lesser. The loosened material shall be shaped to provide a presentable and well- drained area. 15 -2.06 Measurement. In addition to the provisions of Section 15- 2.A6, "Measurement," of the State Standard Specifications, referring to the quantities of structure excavation, all excavation and backf ill required to remove, dispose of, salvage and reconstruct highway' facilities will be considered incidental to performing the work and no separate payment will be made therefor. 15 -2.07 Payment. When the contract does not include separate items i for removing any of the existing highway facilities encountered within the project limits, then payment for removing such facilities shall be included in the contract prices paid for the various contract items of work. 15 -3.02 Removing Concrete - Removal. Methods. In addition to the provisions of Section 15 -3.02, "Removal Methods," of the State Standard Specifications, existing concrete shall be cut to a true line where new concrete is to join existing concrete using a concrete saw cutting to a minimum depth of 1 -1/2 inches or to a depth as shown on the plans. 15 -3.04 Removing Concrete - Payment. In addition to the provisions of Section 15 -3.04, "Payment," of the State Standard Specifications, items of work for removing concrete will be paid for at the price per square foot or in the case of curbs or gutters per lineal foot or by any, other method specified on the plans or in the special provisions. SECTION 16 CLEARING AND GRUBBING Clearing and grubbing shall be as specified in Section 16 of the State Standard Specifications. SECTION 17 WATERING watering shall be as specified in Section 17 of the State Standard specifications, except as herein modified. 17 -1.04 Payment. In lieu of Section 17 -1.04 of the State Standard Specifications, full compensation for developing the water supply for all water required for the work and for furnishing and applying all water will be considered as included in the prices paid for the 14 i C C various contract items of work and no separate payment will be made therefor. SECTION 18 DUST PALLIATIVE Dust palliative shall be as specified in Section 18 of the State Standard Specifications, except as herein modified. 18 -1.05 Payment. No additional compensation will be allowed for furnishing or applying water used with the dust palliative. Binder for dust palliative shall be paid for as extra work as provided in Section 4 -1.03D when the application of dust palliative is ordered by the Engineer. SECTION 19 EARTHWORK Earthwork shall be as specified in Section 19 of the State Standard Specifications-, except as herein modified.. 19 -1.03 Grade Tolerance. Grade tolerance shall be as specified here in lieu. of the State Standard Specifications. Immediately prior to placing subsequent layers of material thereon, . the grading plans shall conform to one of the following: A. When asphalt concrete or asphalt concrete base is to be placed on the grading plane, the grading plane at any point shall not vary more than 0.05 -foot above or below the grade established by the Engineer. B. When subbase or base material (other than asphalt concrete base) to be placed on the grading.plane is to be paid for by the ton, the grading plane at any point shall not vary more than 0.05 -foot above or below the grade established by the Engineer. C. When the material to be placed on the grading plane is to be paid for by the cubic yard, the grading plane at any point shall be not more than 0.05 -foot above the grade established by the Engineer. 19 -1.04 Removal and - Disposal of Buried-Man-made Objects The last two sentences are deleted. 19 -2.04 Slides and Slivouts. In lieu of the applicable provisions of Section 19 -2.04 of the State Standard Specifications, the cost of pioneering work necessary to make slide or slipout areas accessible to normal excavation equipment will be paid at,the contract prices for roadway excavation and will not be paid for as extra work. 15 0 0 1 19 -2.06 Surplus Material. Unless otherwise shown on the plans or specified in the special provisions, surplus excavated material shall become the property of the Contractor and shall be disposed of off the site of the work in accordance with Section 7 -1.13, "Disposal of Material Outside the Highway Right -of- way," of the State Standard Specifications. 19 -2.09 Payment. Overhaul and applying water will be included in the price paid per cubic yard for roadway excavation and no additional compensation will be allowed therefor. - possible precautions to prevent damage to underground improvements, 19 -8 TRENCH EXCAVATION 19 -8.01 Description. Trench excavation shall consist of all necessary clearing and grubbing, sawcutting, removal and disposal of all asphaltic concrete pavement, concrete pavement, and sidewalk and curb and gutter, and excavation, removal and disposal of trench �. material for underground utility lines. 19 -8.02 Obstructions and Utilities: Attention is directed to Section 'Existing 8 -1.101 "Utility & Non - Highway Facilities," and Section 15; Highway Facilities." The Contractor shall determine the grade and /or location of the public utility facilities such as telephone poles, underground conduit, including sewer and water mains and services and shall so conduct the work at all times to prevent damage to, or interruption of service by, said utilities. The Contractor's attention is directed to the possible existence of other underground improvements which may or may not be shown on the plans. All precaution shall be taken to preserve and protect any such improvement whether shown on the plans or not. If, in the opinion of the Engineer, the Contractor is not taking all possible precautions to prevent damage to underground improvements, the Engineer shall instruct the Contractor to stop any and all operations affecting the safety of the improvements until a determination is made as to the procedure to follow to protect and reduce the possibility of damage to the improvement. the City Engineer that any damage done to an �. If it is established by underground improvement is caused by negligence on the part of the Contractor, the Contractor shall repair the damage or shall have the damage repaired at his own expense and at no cost to the City. Any and all expenses that the City of San Luis Obispo incurs having said damage repaired shall be deducted from the last payment to the Contractor for the project. 19-8.03 Pavement and Curb, Gutter & Sidewalk Removal. Pavement and curb, gutter & sidewalk shall be cut prior to breaking out and removal. Portland Cement Concrete shall be saw cut. Asphalt concrete may be saw -cut, wheel -cut, or cut with a spade. 16 1 Additional sawcutting may be required before paving operations begin. See requirements for repaving trenches. The pavement and curb, gutter & sidewalk shall be cut on each side of the trench to neat lines. Concrete shall be cut with a diamond saw to a depth no less than four inches (411). Asphalt concrete may be cut with an air spade or wheel -cut, except that if the cuts are not satisfactory, the Contractor will be required to use a diamond saw to cut the asphalt. concrete. Sawcutting slurry shall be vacuumed up in conjunction with the cutting. If there is the possibility of a narrow section of pavement breaking out between the trench and a nearby crack or joint, the pavement shall be removed to the crack or joint and the edges "trued -up." Where the pavement edges have raveled or broken out in an irregular fashion due to construction operations, the Contractor shall "true -up" and square off the pavement edges to provide a neat and regular appearance, in accordance with the directions.of the Engineer. All trimmed edges shall have a straight and vertical face at least 1k inches deep prior to resurfacing. All extra cutting and trimming to true -up and square off the pavement edges shall be considered included in the contract unit prices paid for the various items of work in which pavement must be removed and replaced and no additional compensation will be allowed therefor. 19 -8..04 Trench Excavation. The width of trenches at approximately the level of the top of the pipe to be installed shall be not more than the outside diameter of the barrel of the pipe plus sixteen (1611) inches, maximum. The above clearances shall be increased to accommodate shoring and also provide space. for banding at points required. Excavation for structures shall be at least twelve (1211) inches beyond dimensions of structures as shown on the plans. If the Contractor is unable to maintain the trench width allowed in the previous paragraph, the Engineer shall specify the bedding requirement to compensate for the additional loading on the pipe. Such additional bedding may require crushed rock or other suitable granular bedding material or concrete encasement as necessary to obtain satisfactory pipe support. The trench shall be excavated a minimum of four inches (411) below the grade of the bottom of the pipe barrel and sufficient "Select Backfill Material" shall be placed in the bottom of the trench and mechanically compacted to bring the trench bottom up to grade of the bottom of the pipe barrel to provide a uniform bearing bedding of four inches (411) of select material under- the pipe. The relative compaction of the select bedding material shall be not less than ninety percent (90 %) as determined by test method No. California 216 of modified AASHO. The holes for bells, collars, valves_ and fittings shall be excavated manually with hand tools. It is the intention of the preceding requirements to provide a firm and compacted uniform bearing throughout the entire length of the pipe. 17 I 0 0 � When excavating for pipes, conduits, ducts, or lines of any kind, and solid rock or other unyielding material is encountered, additional material shall be removed below the normal trench bottom to a minimum depth of six inches, or as directed by the Engineer. The resulting subtrench shall be backfilled with pipe bedding material and shall be compacted, by mechanical means, to a relative compaction of 90 percent �I and shall be true to the designed line and grade for the nornmal trench bottom. when excavating for pipes, conduits, ducts, or lines of any kind and a firm foundation is not encountered due to soft, spongy or other unsuitable material, additional material shall be removed below the normal trench bottom to a minimum depth of one foot, or as directed by the Engineer. The resulting subtrench shall be backfilled with float rock, and shall be true to the designed line and grade. Any additional bedding material ordered over the amount required by the plans or specifications will be paid for as provided in the special provisions, or in accordance with Section 4- 1.03D. If the necessity for such additional bedding material has been caused by an act or failure to act on the part of the Contractor, or is required for the control of ground water, the Contractor shall bear the expense of the additional excavation and bedding material. Methods of excavation and the shoring -up of said excavations shall be in accordance with the applicable sections of the STATE CONSTRUCTION SAFETY ORDERS issued by the Division of Industrial Safety. Failure to comply with any. of these rules, orders, regulations, shall be sufficient cause for the Engineer to immediately suspend all work. Compensations for losses incurred by the Contractor by such an emergency suspension shall not be allowed. During backfilling operations the bottom of the shoring shall be kept above the level of the backfill at all times. 19 -8.05 Disposal of Excess Material. Unless otherwise specified all material excavated from the trench shall be loaded immediately after excavation onto trucks and hauled and deposited at any legal dumping site within or out of the City Limits. At fire hydrant service lines and where traffic control is not critical, the Engineer may permit excavated material to remain at the site for a period not to exceed twenty -four (24) hours. 19 -8.06 Removal of Water from Excavations. The Contractor shall furnish, install, and operate such pumps or other devices as may be necessary for the removal of water from trenches during pipeline construction. Groundwater may be removed by laying rock or gravel on the bottom of the trench or by other means which will prevent groundwater from softening the bottom of the trench. The cost of removing water by any or all of the methods shall be included in the unit costs or lump sum costs for pipeline installation and appurtenances, and no additional compensation will be made therefore. 19-8.07 Conflict with Existing Sewer Lines.. Where sewerlines and building sewer laterals have been cut through,�the same shall be replaced in a workmanlike manner providing a watertight repair and 18 replacement installed to the existing or designed grade of the sewerline or building. sewer lateral. A continuous section of the new pipeline shall becen'tered on, the existing sewerline or lateral being crossed. One -sack slurry cement backfill shall be placed around the sewer lateral at the crossing. 19- 8.075. Where sewerlines and building sewer laterals are encountered in the trench and they would interfere with the laying of the pipeline, the Contractor shall have "the option of either removing the sewerline or house sewer lateral and immediately replacing same after the line has been installed, or excavating the trench to such a depth and length as to permit the laying of the pipe below said sewerline or house sewer lateral. 19 -8.08 Payment. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in trench excavation, shall be considered as included in the contract unit or lump sum price paid for the item of utility work involved and no separate payment will be made therefor. 19 -9 TRENCH BACRFILL AND COMPACTION 19 -9.01 Description. Trench backfill shall consist of all necessary trench backfilling and compact -ion, and pavement, curb and gutter & sidewalk restoration for underground utility lines. 19 -9.02 Restoration of Street Pavement; Curb, Gutter--_& Sidewalk. Prior to beginning pavement replacement operations, the Contractor shall remove any temporary paving material and the backfill material to a depth and width required to construct the new base or as prescribed in the specifications and special provisions. The type, and thickness and /or depth of paving material shall be as delineated on the plans and the Engineering Standards or as prescribed in the special provisions. 19 -9.02A Base Materials. Unless indicated otherwise on the plans, neither Portland Cement Concrete Pavement nor "Total Thickness Deep Lift" asphalt concrete pavement will require a specific class of base material, provided the "Select Backfill Material," meeting all parts of the specifications for select backfill material, is brought to pavement subgrade and.meets all specified requirements for compaction of pavement subgrade. 19- .9.02B. Portland Cement Concrete Pavement. P.C. Concrete pavement shall be placed; consolidated, and finished to the thickness and depth as delineated on the plans. In the event that the thickness and depth is not delineated on the plans, the P.C. Concrete shall be equal to the thickness of the existing P.C. Concrete pavement, but not less than eight inches (86) thick. The paving material shall conform to thesrequirements of Section 90, "Portland Cement Concrete ". 19 19 -9.02C Asphalt Concrete Pavement. Unless indicated otherwise on the plans, the asphalt concrete pavement shall be deep -lift, total- thickness base and finish pavement. The total thickness of the asphalt concrete base and pavement shall be as indicated on the plans or as prescribed in the special provisions. The pavement subgrade and the sides of the trench shall be primed with asphaltic emulsion. Asphalt concrete shall conform to the provisions in Section 39, "Asphalt Concrete." o Asphaltic emulsion shall conform to the provisions in Section 94, "Asphaltic Emulsions." 19 -9.02D Sidewalk. -Curb and Gutter Restoration. Sidewalk, curb and gutter restoration shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks" and as specified below. P.C. Concrete sidewalks, curb, gutters and driveways which must be removed to pursue the work shall be saw -cut to the nearest score marks and replaced,with P.C. Concrete equal in dimensions to that removed with score marks matching existing score marks. Every effort shall be made not to damage the existing concrete improvements and to match the existing improvements as to color and surface texture. Concrete improvements shall not be restored unless and until the condition of the backfill is such as to properly support the improvements, pavement, trees, shrubbery, fences, and lawn grass or other property and surface structures shall be repaired or replaced to a condition equal to that before the work began, the Contractor to furnish all labor and materials incidental thereto. The cost of restoration of sidewalk areas torn up by the Contractor's operations shall be considered as included in the contract prices paid for the various contract items and no additional compensation will be allowed therefor. 19 -9.03 Backfill Material. "Select Backfill Material" as specified herein, shall be used for bedding the pipes and for backfilling the trench over the top of the pipe in accordance with the Engineering Standards trench details. In unpaved areas, the trench shall be backfilled with "Select Material" to one foot over the pipe, then backfilled with native material to the original ground grade. The "Select Backfill Material" shall be granular- material conforming to the following requirements: sieve Size Passing 1 inch 100 No. 4 80 -95 No. 30 35 -70 No. 200 15 Max. Sand equivalent not less than 30. 20 Materials having corrosive properties will not be acceptable. Marine or beach sand will not be acceptable, nor will local "Red Rock" be allowed. The material shall be capable of reaching 90% relative compaction by jetting methods. 19 -9.03A Initial Backfill. "Select Backfill Material" shall be used for bedding the pipe and the initial backfill. After the bedding of select backfill material has been properly placed in the bottom of the trench, the pipe may be laid and.inspected.. Select material shall be placed. on both sides and over the pipe and thoroughly compacted by mechanical means or by jetting methods, to an elevation of not more than six inches (611) above the top of the pipe or the top of the pipe bell. When PVC pipe is used, pipe shall be backfilled to the spring line and compacted to 90% prior to completing initial backfill. The relative compaction of the initial backfill material shall be no less than 90% as determined by test. It is important that proper precautions be taken, when jetting, to prevent floating of the pipe. The Contractor shall be wholly responsible for damage resulting from neglect of these precautions. 19- 9.03E Subsequent Backfill. After the "Initial Backfill" has been completed, "Select Backfill Material" shall be placed in the trench and thoroughly compacted by mechanical means or by jetting methods, to grade or elevations as shown or specified on the plans. The material shall be compacted to 90% or greater compaction. However, in street rights -of -way or other areas as may be indicated on the plans, the backfill above an elevation equal to twenty =four inches (2411) below finish grade shall be compacted to provide a relative compaction of ninety -five percent (95 %) or better. In lieu of the above requirement, for using an impact compactor, the Engineer may give the .Contractor permission to satisfy the same compaction requirement by placing properly moistened select material in trench layers not to exceed six inches (60) loose depth and compacting by means of pneumatic tools or vibratory compactors. �. 19 -9.03C Slurry Cement _Backfill. Slurry cement backfill shall conform to the applicable provisions of Section 19- 3.062 of the State Standard Specifications, and as herein modified. Slurry cement backfill may be used in lieu of the requirements of Sections 19 -9.03A and 19 -9.03B upon approval of the Engineer. 19 -9.04 Temporary Paying. Temporary cold mix paving or steel plates, covering trenches and excavated areas within pavement areas and public right -of -way, shall be placed immediately after backfill and compaction operations or at the end of the.work day. Paving shall be flush with adjacent paving and the Contractor shall regularly.maintain temporary pavement until permanent paving is placed. 11 21 I 19 -9.05 Payment. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in trench backfill and compaction, shall be considered as included in the contract unit or lump sum price paid for the item of utility work involved and no separate payment will be made therefor. SECTION 20 LANDSCAPING AND IRRIGATION Landscaping, functional planting and irrigation shall be as specified herein in lieu of the State Standard Specifications. ` 20 -1 GENERAL 20 -1.0 Description. This section shall govern the preparation, planting and irrigation system construction for landscaping areas required by the plans or special provisions. Existing utilities and improvements not designated for removal shall be protected in place. Removals shall be .performed in accordance with applicable provisions of Section 15 of the State Standard Specifications. Unless otherwise provided, walls, curbs, planter boxes, walks, irrigation system and similar improvements required by the plans or special provisions shall be constructed following rough grading and g before landscapin.. e. 20 -2 TREE PROTECTION. 20-2.01 Description of Work. The Contractor shall be responsible to supply all materials, tools, labor and equipment for the protection and mitigation methods for tree(s) denoted on the plans to be saved. 20 -2 02 Recruirements of Work. Before grubbing, clearing, trenching, or grading is allowed, tree protection measures shall be implemented to the satisfaction of the Engineer for those trees identified to be saved. Upon completion of the required protection measures, the Contractor shall call the Engineer 48 hours in advance to schedule an inspection of the work. The Engineer must approve this work before the Contractor is allowed to proceed with grubbing, clearing, trenching, or grading of the site. It 20 -2.03 Protection Fences. Tree(s) denoted on the plans to be saved will have a five foot (5' ) high fence installed around the tree before any work is allowed on the site. The location of the fence shall be at the drip -line of the tree or as directed by the Engineer. 22 [l ! c 17) This fence shall be made of chain link fabric and secured with steel fence poles set at eight foot (8') on center. These poles shall be six feet (61) feet long by 1 -1/2" inches in diameter, buried twelve inches (1211). All tree protection fences shall remain in place until the development has final approval. Any fence needing repair during this time shall be done so before work proceeds. 20- .2.04 Pruning. No pruning of limbs or trees will be allowed, except as approved by the Engineer. If pruning is allowed, it shall be done by a certified arborist per the City's "Tree Pruning and Planting Standards and Specifications ". 2.0- 2.05. Parking and Storage of Building Materials. No vehicle or construction equipment will be allowed to park within the dripline of tree(s) to be saved. No construction materials will be allowed to be stored within the driplines of tree(s) to be saved. 20 -.2.06 Dumping. No depositing of waste or construction materials (sand, rock, wood, saw dust, drywall, paint, concrete, mortar, etc.) will be allowed within twenty feet (201) of dripline or protective fence. 20 -2.07 Herbicide Use. The use of herbicide (pre- emergent and post - emergent) will not be allowed within twenty feet (201) of the tree's dripline or protective fence. 20 -2.08 Trunk Protection. Grade stakes, signs or other materials will not be allowed to be nailed or attached by other means to the trunks or branches of the protected tree(s). Wounds to the trunk and limbs caused during the construction of the project shall be treated per the requirements and approval of the Engineer. S20 -2.09 Trenching. No trenching (any depth) for utility, service or irrigation lines will be allowed within the dripline of protected tree(s), unless approved by the Engineer. If the trenching is within twenty feet (201) of the dripline or protective.fence or within the dripline or fence, the Contractor is to chalk out the path of the trench and call the Engineer for approval before trenching is allowed. Trenching. within twenty feet (201) of the dripline can be done with equipment. Any roots encountered, one inch (111) in diameter or larger, shall be pruned cleanly by hand, leaving a square cut and sealed with approved tree seal. All trenching within the dripline., with approval of the City, shall be done by hand. Any roots encountered one inch (111) in diameter or less shall be pruned cleanly by hand, leaving a square cut and sealed with. approved tree seal. Any roots one inch (111) in diameter or greater found within the dripline shall be tunneled under by hand and protected from scarring and drying out. A'l1 root pruning shall be inspected and approved by the Engineer before'backfilling is allowed. 23 ;7 20 -3 EROSION CONTROL 20 -3.01 .Description of.Work. This work shall consist of furnishing a. Roots shall be shaded from hot direct sunlight when exposed in open trenches. Trenches shall be backfilled within twenty four (24) hours. 20 -2..10 Grading. 1. Cut condition - No graded cuts will be allowed within the driplines and protection fences of tree(s) unless approved by the City. If grade cuts are allowed, roots encountered one inch (1 11) in diameter or larger shall be pruned cleanly by hand, leaving a square cut and sealed with approved tree seal. Structural compensatory top pruning shall then be done to produce balance between root growth and top growth, where required. This structural pruning shall be approved by the Engineer and be performed by a certified Arborist per the City's "Tree Pruning and Planting Standards and Specifications". (Exercise caution not to overexpose trunk area to the south and west to prevent sun scald.) 2. Fill condition - No fill materials will be allowed within the driplines and protection fences of tree(s) to be saved unless approved by the City. If fill material is allowed within this area, remedial mitigation methods shall be implemented per details on the plans, or as specified by the Engineer. 20 -2.11 Tree Removals. Tree(s) proposed to be removed skull be identified with a sign provided by the City and posted with a notice of a Tree Removal Permit visible from the street. ` 20 -3 EROSION CONTROL 20 -3.01 .Description of.Work. This work shall consist of furnishing a. all erosion control materials, labor, equipment and tools to protect the site from erosion due to water and wind from site grading work as stated on the plans, special provisions and herein. 20 -3.02 Inspections 1. The Contractor shall call the Engineer for an inspection after site preparation is complete and before the application of erosion control measures and materials unless stated differently in the special provisions or the plans. The Contractor is to call the Engineer 48 hours in advance of inspection to set up time. 2. If hydroseeding work is required, the Engineer shall be present during the mixing of the slurry. The Contractor is to notify the Engineer 48 hours in advance of this inspection. 24 It I 3. Upon completion. of this work, the Engineer shall inspect all aspects of this work„ and judge its performance on the requirements of the plans, special provisions and this section. The Contractor shall notify the Engineer 48 hours in advance of this inspection. The Engineer reserves the right to reject work that does not fulfill the requirements of the plans, special provisions and this section. It is the responsibility of the Contractor to remedy any rejected work at his /her expenses and call for re- inspection. 20 -3.03 Verification of Materials and Ouantities Used. If hydroseeding is required, the Contractor shall, at time of slurry application, present to the Engineer copies of all invoices stating the materials and quantities used (invoices for the seed shall show the germination rate and germination test date). 20 -3.04 Site Preparation. Areas of site to receive erosion control materials (jute mesh, mats, blankets and hydroseed) shall be cleared per Section 20- 4..02. Soil surfaces left glazed by grading operations shall be loosened to a depth of one inch (111) by raking, tilling or other methods. Loose rocks larger than two and one half inches. (2 1/211) in diameter brought to the surface during the scarification process shall be. removed and disposed of. 20 -3.05 Slope Protection. 1. Unless called out differently on the plans or in the special provisions, all slopes in excess of 10% gradient shall be hydroseeded per Section 20 -3.06. Slopes planted with landscape plants that are in excess of 25% gradient shall be protected with erosion control mats, blankets or jute mesh per Section 20 -3.07. The preferred method will be called out on the plans, special provisions, or by the direction of the Engineer. 2. All of the following protection devices and methods, if not called out on the plans or in the special provisions shall be approved by the Engineer. All permanent erosion control devices shall be installed before final inspection. 3. All erosion control devices shall be the first order of work and be installed or applied as soon as practical. From October 15 to April 15, this work shall be installed or applied after each area is graded and no later than five (5) working days after completion. 4. All temporary construction banks or slopes greater than 2 to 1 shall be protected by nylon mesh reinforced visquene, anchored at the top in a six inch (611) backfilled trench. 1 25 I • o ! 20 -3.06 Erosion Control Hydroseedinc4. Erosion control hydroseeding shall be in accordance with the following requirements: 1. Slurry mix: Unless specified differently on the plans or in the special provisions, the slurry mix shall be composed of the following materials: SEED min. purity & germination)* POUNDS PER ACRE Bromus mollis - Blando Brome (95 %, 85 %) 20 Festuca megalura - Zorro Fescue (85 %, 80 %) 8 Trifolium hirtum "Hykon" - Rose Clover (95 %, 90 %) 30 inoculated with appropriate bacteria 3 Eschscholzia californica - California Poppy (95 %, 75 %) 3 Lupinus nanus - Sky Lupine (95 %, 75 %) 4 * Seed is to be supplied by "S & S Seeds" (805) 684 -0436 or "Clyde Robin Seed Co." (415) 785 -0425, or equal. OTHER MATERIALS POUNDS PER ACRE 100% Wood fiber mulch (green) 1,800 Commercial fertilizer (16 -20 -0) 400 "M- binder" (stabilizing emulsion) or equal 120 Water * Quantity of water shall be as needed for the application and as specified by the manufacturer of the stabilizing emulsion. 2. Application: The slurry preparation shall take place at the site and in the presence of the Engineer. Spraying of the slurry shall be done by an experienced hydroseeding company and commence within five (5) minutes after all materials have been mixed thoroughly. 20 -3.07 Erosion Control Blankets and Jute Mesh Nettinq. Erosion control blankets and jute mesh netting shall be in accordance with the following requirements: 1. Blankets: a. Unless specified differently on the plans or in the special provisions or by the Engineer, the erosion control blankets shall be composed of 100% biodegradable materials and be manufactured by American Excelsior ( "Curlex!') , North American Green (SC150), or equal. b. Installation and attachment to the slope.of these blankets shall be as specified on the plans, -in the special provisions, and by the Engineer, in accordance with the manufacturer's instructions. 26 1 IJ C) O 2. Jute Mesh Netting: _r a. Unless specified differently on the plans, in the special provisions or by the Engineer, the netting shall be composed of heavy jute fiber, woven into a mesh with one inch (111) openings. This material shall be manufactured by Santa Fe Bag Co., Jim Walls Co. or equal. b. Installation and attachment to the slope of this netting shall be in accordance with the manufacturer's instructions as :specified on the plans, in the special provisions, and by the Engineer. 20 -3.08 _Sediment Control. Erosion or sediment from the site shall be temporarily controlled by the use of sediment fences or hay barriers. Permanent controls shall be identified on the plans, or in the special provisions. 20-3.09 Sediment Fences. The fence shall be made of a polypropylene filter fabric netting (36" ht.) with hardwood post (481' ht. x 2" sq. at 7' o.c.) and a tensioning cord sewed into the top of the fabric. This fence, if not specified on the plans, in the special provisions or by the Engineer shall be "Silt -Lok ", "Econo Fence ", or equal and be installed per manufacturer's instructions. 20 -3.10 Hay Barriers. Temporary hay barriers for erosion control shall be placed as directed on the plans, in the special provisions or directed by the Engineer. They shall extend one bale past highest point of expected flow line and be tightly butted against each other and be placed perpendicular to the.direction of flow. Once in place, each bale shall be staked twelve inches (1211) from the ends (centered on bale) with two (2) lengths (min_. 3611) of #4 re -ba.r driven flush with top of bale into firm soil. 20 -4 SITE CLEARANCE AND FINISH GRADING r20 -4.01 - Description of Work. The Contractor is responsible to supply all labor, tools, equipment and materials to complete the clearing and preparing the grade to facilitate the requirements of the plans, special provisions and these Standard Specifications. 20 -4.02 Site Clearance. Site clearance shall conform to the following requirements: 1. The Contractor shall clear- the site to be .improved, within the limits of the work to be done, of all undesired surface growth, grass, roots, shrub & tree stumps, weeds, old masonry, asphalt - stabilized earth, rubbish and other debris. All of which, unless otherwise.approved, shall. be removed from the site and.disposed of. 27 I 28 Ij 2. Weeds and herbicide use: The Contractor shall take full responsibility for the application and use of herbicide for weed control. If specified in the special provisions or noted on the plans, the application of herbicide must be in direct compliance with the "directions of use" provided by the manufacturer for the herbicide being used. 20 -4.03 Finish Grading. Finish grading shall conform to the following requirements: 1. It is the responsibility of the Contractor to adjust the soil i surface as required to achieve even, continuous contours capable of facilitating surface run -off. 2. Finish grades in planting areas adjacent to paving, header boards, concrete mow strips, curbs; valve boxes, etc. shall be established at one (1) inch below such elevations, or as directed by the plans or special provisions. In areas of mulch, the finish grade will be established at 2 inches below such elevations as mentioned above unless noted differently on the plans or special provisions. 3. Grades not indicated shall be uniformly sloped between given or set elevations and provide a rounded profile for all abrupt changes in grade. 4. Grades shall slope away from buildings at two (2) percent slope for a distant of three (3) feet, unless drainage structures are present, then graded towards these structures. Maintain a minimum six (6) inch clearance from wood used on the exterior of structures, including walls framed with wood studs. 5. If landscape mounding is indicated on the plans, any of the fill to be used shall be approved by the Engineer. Prior to filling, all such areas shall be cleared per Section 20 -4.02, then tilled j to a depth of four (4) inches to prevent interface between the two soils. All fills shall be compacted to 90 percent relative compaction per Section 19 =5 of the State Standard Specifications. Fill areas shall be graded beyond the indicated area then cut back to the required finish grade. 6. Finish grading in areas of hardscaping shall be done to allow for base course and paving material thickness. 7. The finish grade will be maintained through the entire landscape and irrigation installation and the establishment and maintenance period. Any.subsidence or non- compliance to this section will be remedied by the Contractor. 8. Any surplus materials shall be disposed of per Section 19 -2.06 of these Standard Specifications. 28 Ij I I I 0 L, C 20 -4.04 Inspections. Upon completion of the Site Clearance and Finish Grading, an inspection will be done by the Engineer verifying that the conditions of this section have been achieved. The Contractor shall notify the City a minimum forty eight (48) hours in advance to schedule this inspection. Approval by the City must be obtained before the next phase of the installation is allowed. 20 -5 NOW STRIPS, HEADERS AND EDGING 20 -5.01 Description of Work. The Contractor is responsible to supply all labor, materials, equipment and tools to install all mow strips, headers and edging as delineated on the plans. 20 -5.02 Concrete Mow Strips. Concrete mow strips shall conform to the following requirements: 1. Concrete - Mow strips shall be constructed of Class "B" concrete conforming to the provisions of Section 90 -10, "Minor Concrete" of the State Standard Specifications. 2. Finish & Color - Unless otherwise noted on the plans or in the special provisions, the concrete mow strip shall be uncolored, and the finish shall be a light broom finish running parallel to the length of the strip. 3. Reinforcement bar - If not shown on the plans or noted in the special provisions, the reinforcement bar shall be #3 bar continuously run at the center of cross - section of the concrete mow strip. Splices of the re -bar shall be overlapped at least forty five (45) bar diameters. 4. Expansion joints - Felt expansion joints or equal shall be �. installed at twenty (20) foot intervals, at changes in direction of turns, at beginning of curves, and where mow strips butts up to other structures. 5. Design - Unless otherwise detailed on the plans, the size of the mow strip shall be as noted: cross - sectional dimension, six (6) inches wide by six (6) inches vertical height, with exposed corners eased one quarter (1/4) inch. 20 -5.02B Installation 1. After finish grading has been completed, the Contractor shall chalk the location of the concrete mow strip on the ground and will have the Engineer approve its location. 2. After approval of the location, the Contractor shall precede with the trenching for the form work. The depth of the trench shall be six (6) inches deeper that the mow strip and wide enough for the placement of the form materials. All soft or spongy materials shall be removed from the bottom of the trench, and the 29 I • • f bottom filled and compacted with earth (to 95% compaction of the surrounding soil) to the required depth of the concrete mow strip. 3. If height above grade is not noted on the plans or in the special provisions, the concrete mow "strip will be set as noted in Section 20- 4.03(2). 4. Forms shall be rigid enough to withstand the pressure of fresh concrete being worked and have a smooth surface placed next to concrete. Forms shall be clean and treated with form oil. 5. Extruded curb machines may be used, but only after approval by the Engineer. 6. After all forms, steel and expansions joint materials have been installed, the Contractor is to call the Engineer (48 hours before) for an inspection of the work. 7. Upon approval by the Engineer of the trenching and form work, the wet by the application of water for a period of seven (7) days Contractor shall pour the concrete. The forms and trench shall after pour, or, a waterproof membrane shall be used. The exposed. be slightly moistened prior to pour. The concrete mow strip shall be poured continuously the entire length of the form work, seventy two (72) hours. The membrane shall be a six (6) mil. with no lifts allowed. Stops in the pour will only be allowed at expansion joints or at the ends of forms. The forms shall be 10. After the required curing period, the forms shall be stripped. lightly vibrated to eliminate air pockets and to settle the concrete. patched with a cement mortar to the satisfaction of the Engineer; 8. Upon screeding of concrete, the top and exposed sides shall be finished per Section 20- 5.02(2) & (5). The finish shall be true 20 -5.03 Headers - Solid Wood & Laminated_ Headers shall conform to and straight with the top surface of the strip uniform.in width, free from humps, sags, or other irregularities. 9. The concrete mow strip shall be cured by keeping it continuously wet by the application of water for a period of seven (7) days after pour, or, a waterproof membrane shall be used. The exposed. surface shall be kept continuously wet until membrane can be applied. The membrane shall remain in place for a period of seventy two (72) hours. The membrane shall be a six (6) mil. white plastic sheet, securely weighted down by placing a.bank of earth on the edges of the sheets. 10. After the required curing period, the forms shall be stripped. Any excess concrete will be removed and cleaned up. Any blemishes that the Engineer- finds, at his discretion, will be patched with a cement mortar to the satisfaction of the Engineer; or the entire section will be removed_ by neatly saw cutting and repouring the area to match the new concrete mow strip. 20 -5.03 Headers - Solid Wood & Laminated_ Headers shall conform to the following requirements: 30 fi20- 5.03A. Materials 1. If noted on the plans that headers between lawn and planter areas or other such places are to be solid wood, it is to be constructed of Construction Heart Redwood with a nominal size of 2X4. 2. If noted on the plans that the header is to be laminated wood ( "bender board "), it shall be of such thickness that when laminated together it shall match a total width of one and one half (1/2) inches (nominal size of a 2x solid header) . It shall also be of an appropriate thickness that the curve it is required to make can be done easily with no kinking or cracking of the wood. The depth of this member shall match the thickness of three and one half (3 1/2) inches (nominal size of a 2x4 solid header), unless it is to match width with a different size solid wood header, and then it is to match it's depth. Laminated wood headers ( "bender board ") shall be made out of "Construction Heart Redwood ". 3. Stakes used to secure these headers boards shall be _ "Construction Heart Redwood" and be a nominal size of 1x2 with a length of eighteen (18) inches. Nails to secure the stakes to the headers will be six penny (6d) galvanized common nails. 20 -5.03B Installation 1. After finish grading, the Contractor shall chalk out the position of the header boards for inspection by the Engineer (48 hour notification). If Contractor installs the headers without the approval of the Engineer, the Contractor takes full responsibility for his work and the Engineer reserves the right to reject its location.. l2. After approval of location by the Engineer, the Contractor is to trench and set-the header boards. The elevation shall be set as specified in Section 20- 4.03(2) unless otherwise noted. The boards shall be set on firmly compacted subgrade. 3. Staking: a. Laminated headers boards: The laminated header boards shall be built -up as specified in Section 20- 5.03A(2) to the width required. Splices.in the bender boards shall be offset to one another by_a minimum twenty four (24) inches and outside splices will be offset by at least forty eight (48) inches. ' All outside splices shall be staked on both sides of. the header. other staking will be at a minimum of eight (8) feet on center per foot of length. The staking shall be 1 31 • o alternated side to side. Curves will be staked at a closer spacing.as required, depending on the radius of the curve. Staking members shall be as specified in Section 20- 5.03A(3) and nailed with two (2) 6d nails per stake into. headers. The stakes shall be driven one half (1/2) inch lower than top of header and then back cut at a forty five (45) degree angle, with the acute part facing stake.. b. Solid wood headers: Solid wood headers shall be staked and nailed as specified above. The spacing of the stakes shall be a minimum of four (4) feet on center per length and twelve (12) inches from the ends. The stakes shall be placed on the planter side of the header when used to separate lawn and planting areas. 4. After staking the headers, they shall be backfilled and compacted. The soil on each side of the headers will be finished graded to the required elevation. 20- 5.04- Metal and Plastic Edging. Edging shall conform to the following requirements: 20 -5.04A Materials and Installation. 1. Metal - If not noted differently on the plans or in the special provisions, metal edging shall be equal to Ryerson's 1/8" x 4" steel, green edging. Stakes shall be steel and supplied by the same manufacturer of the edging and installed per their specifications. The setting of elevation of the edging shall be per Section 20- 5.03B. 2. Plastic - Unless otherwise noted on the plans or in the special provisions, plastic edging shall not be used. 20 -6 SOIL CONDITIONING 20 -6.01 Description of Work. The Contractor shall supply all labor, tools, equipment, and materials to amend all areas to be landscaped. 20 -6.02 Receipts of Materials-Used. The Contractor shall submit to the Engineer copies of all receipts of materials used as called out on the plans, special provisions and this section. 20 -6.02 Inspections. Upon completion of this work, the Contractor shall notify the Engineer (a minimum of 48 hours before the inspection) to inspect the soil conditioning work to see if it complies with the requirements of this section. 20 -6.03A Organic Soil Amendments. The organic soil amendment will be ground or processed wood product derived from redwood, fir or cedar sawdust,. or fir or pine bark treated with a non -toxic agent to absorb 32 I I I I I I L I _J fJ water quickly, and shall comply with the following requirements, unless otherwise specified: Gradation: Sieve Size Percent Passing 1/4" 95% min. #8 80% min. .#35 30% min. Nitrogen content (percent, dry weight) Redwood Fir & cedar Fir & pine bark 0.40% - 0.06% 6.56% - 0.84% 0.80% - 1.20% It shall be applied at a rate of three (3) cubic yards per one thousand (1000) square feet (1" layer). 20 -6.05 _Fertilizer. "Grow -Power Plus" (5 -3 -1), or equal, will be applied at a rate of two hundred (200) pounds per one thousand (1000) square feet. 20 -6.06 Other Soil Amendments. Incorporate sulfur at one (1) pound per one thousand (1000) square feet and gypsum at two (2) pounds per one thousand (1000) square feet (both finely broken up). 20 -6.07 Soil Conditioning Procedure. 1. Soil conditioning can proceed after site clearance and finish grading has been completed and approved in accordance with the requirements of Section 20 -4. 2. Soil will not be worked when it is so. wet or dry as to cause excessive compaction or forming hard clods and dust. 3. Before incorporation of materials into soil, the Engineer (48 hour minimum notification) will inspect the quality and quantity of the materials used. At this time the Contractor is to present to the Engineer copies of the invoices of the materials used. 4. The Contractor is to till the soil to a minimum depth of eight (8) inches before spreading the soil amendments. Then rake the area, removing any debris, rocks over one (1) inch in diameter, or other foreign matter and disposing of them.. 5. The soil amendments and fertilizer will be mechanically spread at a uniform rate as specified on the plans, special provisions, and this Section 20 -6. I 6. After spreading, the soil shall be uniformly cultivated into the upper six (6) inch of the soil by ,suitable equipment operated into a minimum of two opposite directions. The resulting soil shall be well mixed, loose, and friable. 33 I • :o 7. After soil conditioning is complete, the soil shall be watered and allowed to settle, then raked smooth to comply with the finish grading Section 20- 4.03(2). 20 -7 IRRIGATION 20 -7.01 Description of Work. The materials, and equipment to install on the plans, special provisions, Contractor shall supply all labor, the irrigation system as specified and herein specified. 20 -7..02 Compliance with Codes.. All work shall conform to all State and local codes and regulations governing the trades in this work. Requirements of these plans, special provisions and these Standard Specifications not conflicting therewith, but exceeding code requirements shall govern. The Contractor shall obtain and pay for all necessary permits required for this work. The Contractor shall also arrange and pay for all cost in connection with inspections or approvals required by the governing agencies concerning this Contract. The Contractor is responsible for any equipment, material, or installation noted on the plans or special provisions that is in conflict with the codes and regulations as mentioned above. The Contractor is to notify the Engineer in such a situation. Failure of the Contractor to do so, implies total responsibility by the Contractor. 20 -7.03 Protection. All existing appurtenances shall be protected by the Contractor during the performance of this section. It is the responsibility of the Contractor to determine the location of any underground facilities (Underground Service Alert, (800) 642- 2444). Failure to protect same shall result in repair or replacement by the Contractor. at his expense to the satisfaction of all parties involved. The Contractor shall preserve existing irrigation systems and take whatever measures necessary to ensure its continual operation during the course of the installation. The Contractor will not be allowed to trench through existing tree and shrub driplines unless approved by the Engineer. Then only if remedial measures are taken to ensure their survival and health. When the project involves renovation work, the Contractor shall obtain existing "Drawings of Record" or "as- built" plans from the City and locate existing piping, wiring and equipment. 20 -7.04 Static Water Pressure at P.O.C. The Contractor is to check the static water pressure at the Point of Connection (P.O.C.) of the irrigation system to the source of water. The Contractor shall notify the Engineer of this pressure forty eight (48) hours before start of work under this section. 34 l' u I LJ I 1 I I u Ci 0 J 20 -7.06 Drawings of Record. The Contractor shall call the Engineer for a set of blue line and mylar sepia prints of the irrigation system before the start of work. These prints will be for the sole use of generating and preparing "Drawing of Record" (know as "as- builts "). The Contractor is to draw the actual installation of all pipes, 1 valves, heads, wiring, controllers, etc. of the irrigation system onto the blue line prints as work proceeds. The Contractor shall show the location of the following appliances by dimensioning off of two (2) permanent reference points (no trees): 1. Point of connection 2. Mainline pipe and electrical conduit routing at all changes in �. direction and at 150 foot intervals on long straight runs. 3. Low voltage wiring that does not parallel the mainline. 4. Any direct burial equipment that does not have a utility box access from grade. 5. All moisture sensor locations and their exact depth from grade. 6. Other related items as may be directed by the Engineer. Upon completion of work, the Contractor will transfer all information about the location of the appliances and equipment onto the mylar sepia print in a neat and clear way using water proof ink made for mylar. The Contractor shall sign, date and state on the print that they are complete and accurate, and title them "Drawings of Record ". This work will then be returned to the Engineer as part of the conditions of acceptance of the project. The Contractor shall furnish to the City-one (1) individually bound plastic covered 3 -ring notebook detailing the operation and maintenance requirements of the system at the end of the maintenance 1 35 I 20 -7.05 Inspections'. The following inspections, if not specified differently in the special= provisions, will be required on the irrigation system. The Contractor is to contact the Engineer at least 48 hours in advance of these required inspections. Failure to pass any inspection is the responsibility of the Contractor. The Contractor must remedy the situation at his cost and call for re- inspection before proceeding to the next phase of installation. The required inspections listed below are detailed in the following sections: 1. Head layout inspection 2. Pressure test ' 3. Coverage test 4. Operational test 20 -7.06 Drawings of Record. The Contractor shall call the Engineer for a set of blue line and mylar sepia prints of the irrigation system before the start of work. These prints will be for the sole use of generating and preparing "Drawing of Record" (know as "as- builts "). The Contractor is to draw the actual installation of all pipes, 1 valves, heads, wiring, controllers, etc. of the irrigation system onto the blue line prints as work proceeds. The Contractor shall show the location of the following appliances by dimensioning off of two (2) permanent reference points (no trees): 1. Point of connection 2. Mainline pipe and electrical conduit routing at all changes in �. direction and at 150 foot intervals on long straight runs. 3. Low voltage wiring that does not parallel the mainline. 4. Any direct burial equipment that does not have a utility box access from grade. 5. All moisture sensor locations and their exact depth from grade. 6. Other related items as may be directed by the Engineer. Upon completion of work, the Contractor will transfer all information about the location of the appliances and equipment onto the mylar sepia print in a neat and clear way using water proof ink made for mylar. The Contractor shall sign, date and state on the print that they are complete and accurate, and title them "Drawings of Record ". This work will then be returned to the Engineer as part of the conditions of acceptance of the project. The Contractor shall furnish to the City-one (1) individually bound plastic covered 3 -ring notebook detailing the operation and maintenance requirements of the system at the end of the maintenance 1 35 I • o i period. All pages within the notebook shall be in clear plastic sleeves, Poly -Vu #PV119 or equal, to protect pages during field use. This manual shall contain the following information on 8 1/2" x 11" sheets: 1. Title and index sheet 2. Irrigation zone map a. Prepare one map for each controller. b. The map shall be a small scaled drawing showing the area covered by each remote control valve. Each area shall be numbered to correspond to the controller number. c. The map shall not be a reproduction of the irrigation plan. No equipment is to be shown, only the wetted areas. If soil sensors are specified, show these locations with "S ". 3. A copy of the controller's operation manual. 4. Maintenance checklist by week, month and year. 5. Copy of material list. 6. Parts breakdown sheets for all equipment. 7. Operation and maintenance manuals for pumps and related pump station equipment. 8. Copy of Contractor's statement. t guarantee 9. Copy of the manufacturer's equipment warranties. A folded copy of the "Drawings of Record" shall be included in the back of the manual. 20 -7.07 Controller Charts. After the Drawings of Record have been furnished and approved by the Engineer, the Contractor is to provide two (2) controller charts showing the operational areas of each valve and how the controller schedules these stations. These charts shall be a blackline print using color to denote the valve station areas and of a size to be attached to the door of the controller cabinet. These reductions will be laminated between sheets of 20 mil. plastic. One chart will be given to the Engineer and the other will be attached to the door of the controller cabinet. 20 -7.08 Egmipment to be Furnished. Prior to the acceptance of the irrigation system and contingent upon it's acceptance, the Contractor is to supply to the City the following tools and equipment: 1. Two (2) wrenches for each type of sprinkler head installed. 36 I 6. Two (2) copies of maintenance and parts manuals for controllers, valves, quick couplers, rotary heads, and other equipment as specified in the special provisions. These shall be bound in a three ring binder. ' 20 -7.09 Plans. Plans are schematic. Contractor is responsible to provide all offsets, fittings, etc. which may be required. Equipment is not drawn to scale, but is shown in its proper location, unless otherwise stated. All dimensions or spacings are approximate, before proceeding with work, the Contractor shall check and verify all dimensions and report iany variations to the Engineer. 2.0 -- -7.10 Performance. Since the plans are schematic, with approval of the Engineer, the Contractor shall make adjustments to the system when necessary to compensate for site features. The Contractors responsibility and required performance is to install a complete, effective and efficient irrigation system, providing total coverage and proper precipitation to all planting areas with minimum overthrow. The Contractor shall not install the irrigation system when obvious discrepancies exist between the plans and the site conditions. These discrepancies will be brought to the attention of the Engineer before work is to be started. 20 -7.11 Training. At the end of the Maintenance period, the Contractor shall train the City's maintenance crews in the proper operation of the system and components. The Contractor shall provide the Engineer with written evidence of the persons trained and the date at which this training was done. 20 -7.12 Materials 20 -7.12A Description. All materials shall be as indicated on the plans, special provisions and as herein specified. All materials shall be new and unused prior to installation unless stated differently on the plans or special provisions. All electrical wiring, controls, motors, and devices shall be U.L. listed and so labeled. 1 37 I i 1 2. One (1) quick coupler key for each four (4) or less valves installed. 3. One (1) loose key for each hose bib installed. 4. Two (2) keys for each controller cabinet door. 5. One (1) key for each four (4) units,, such as valve boxes, quick coupler lock covers, or other items as required by the special r provisions. 6. Two (2) copies of maintenance and parts manuals for controllers, valves, quick couplers, rotary heads, and other equipment as specified in the special provisions. These shall be bound in a three ring binder. ' 20 -7.09 Plans. Plans are schematic. Contractor is responsible to provide all offsets, fittings, etc. which may be required. Equipment is not drawn to scale, but is shown in its proper location, unless otherwise stated. All dimensions or spacings are approximate, before proceeding with work, the Contractor shall check and verify all dimensions and report iany variations to the Engineer. 2.0 -- -7.10 Performance. Since the plans are schematic, with approval of the Engineer, the Contractor shall make adjustments to the system when necessary to compensate for site features. The Contractors responsibility and required performance is to install a complete, effective and efficient irrigation system, providing total coverage and proper precipitation to all planting areas with minimum overthrow. The Contractor shall not install the irrigation system when obvious discrepancies exist between the plans and the site conditions. These discrepancies will be brought to the attention of the Engineer before work is to be started. 20 -7.11 Training. At the end of the Maintenance period, the Contractor shall train the City's maintenance crews in the proper operation of the system and components. The Contractor shall provide the Engineer with written evidence of the persons trained and the date at which this training was done. 20 -7.12 Materials 20 -7.12A Description. All materials shall be as indicated on the plans, special provisions and as herein specified. All materials shall be new and unused prior to installation unless stated differently on the plans or special provisions. All electrical wiring, controls, motors, and devices shall be U.L. listed and so labeled. 1 37 I • o 1 All stored materials shall be stored at the location as directed by the Engineer. Stored materials shall be placed in a orderly and safe manner and stored not to interfere with other construction trades or activities. 20 -7.128 Substitutions. No substitutions for irrigation materials will be allowed unless approved by the Engineer in accordance with Section 6 -1.05, "Trade Names and Alternatives," of the State Standard Specifications. The Contractor may propose materials substitutions under this section i by providing the following information in triplicate to the Engineer: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature,, performance charts and flow charts for each item to be substituted. 3. Provide the amount of cost savings if the substituted item is approved. 4. Contractor shall be fully responsible for the total performance of such substitution to equal or match the original product in every respect. 5. If the substitution proves to be unsatisfactory in the opinion of the City, the Contractor shall remove such work and replace it with the originally specified item (including labor) at no cost to the City. .20 -7.12C Plastic Pipe and Fittings from 100% 1. Plastic pipe shall be extruded virgin polyvinyl chloride (PVC) type I, grade II, class 1120 & 1220 in accordance with ASTMD1784 or D2241 cell classification 12454B. 2. All plastic pipe shall be continuously and permanently marked with the following information: manufacturer's name, nominal size, PVC 1120 or 1220, standard dimension ratio (SDR) or pressure rating in p.s.i., IPS and NSF approval. 3. Plastic pipe shall be manufactured by Lasco, Celanese, Pacific Western, or Johns Manville. 4. Pressure mainline pipe, inch and one half (1/211) or larger shall be PVC schedule 40; pipe less than inch and one half (1/211) shall be PVC class 315. 5. Non - pressure (laterals) pipe shall be PVC class 200. 38 I 6. Plastic PVC fittings shall be type II, I.P.S., schedule 40, NSF approved, injected molded. Fittings shall comply with ASTM D1764, D266 -73, and /or D2467 -73, cell classification 13454B. Treaded PVC fittings shall.be injection- molded. 7. All threaded nipples shall be schedule 80, standard weight with molded threads, and grey in color. 8. All PVC cement and primer shall comply with ASTM D2564 and be NSF and IAPMO standards. All cement shall be new and fresh stock. Lateral lines and fittings shall be cemented using a 1005 active solvent, blue in color. Mainline pipe and fittings shall be coated with a primer and then cemented with 100$ active solvent grey in color. Both primer and solvent shall be similar in all respects to that manufactured by IPS "Weld -on'. brand. All jointing shall be per manufacturer's application directions. Excess cement will be wiped away from the pipe joint after i assembly. All threaded fittings shall be made with Teflon tape and not jointed with solvent. 9. All pressure mainline pipe used in reclaimed, non- potable irrigation systems shall be purple "Alertline" manufactured by Brownline Inc. or equal and. be installed per manufacturer's directions. 10. All surface run PVC irrigation pipe and fittings shall be U.V. resistant as manufactured by Brownline Inc., or equal and installed per manufacturer's directions. 1 20 -7.12D Galvanized Pipe and Fittings. Steel pipe shall be galvanized, standard weight (schedule 40) complying with the requirements of ASTM A -120. Steel pipe shall be jointed with galvanized, threaded, standard weight malleable iron fittings and couplings and have a non - toxic, non - hardening joint compound applied to the male threads only. 20- 7.12E. Copper Pipe. Copper pipe shall be type K and in accordance with ASTM B -98. Copper pipe shall be jointed with .the appropriate solder type wrought copper fittings for two and one half inch (2 1/211) and smaller sizes. Cast brass fittings shall be used for sizes over two and one half inch (2 1 /2 "). ® 20- 7..12F Brass Pipe and Fitting. Brass pipe shall be 85% red brass, American National Standard Institute (ANSI) , schedule 40 screwed pipe. Fittings shall be medium brass, screwed 125 pound class. 20 -7.12G Flexible Tubing. Flexible pipe tubing shall be made of thick walled, low density polyethylene with the outside diameter of .69 inches and a minimum wall thickness of .10 inches. It shall be manufactured by Rainbird ( "Swing Pipe'!.,),.or Toro ( "Funny Pipe "), KBI 39 0 • o i ( "Flexee Pipe "), Pepco ( "Swing Riser "), or equal and use the manufacturer's matched fittings for jointing to other pipe. 20 -7.12H Sleeves. Pipes running under drive ways, parking lots, walkways and other paved areas, as denoted on the plans, shall be installed in a PVC schedule 40 sleeves. The depth and size of the sleeve will be shown on the plans. (Minimum depth equal to depth of service line, minimum size 1" greater than service line.) Control wire shall also be sleeved under paved areas in 2" minimum sleeve. 20 -7.122 Backf low Prevention Device. The backf low prevention device shall be manufactured by Febco Sales, Inc., be the type specified on the plans, and be installed per details and manufacturer's instructions. 20 -7.12J Pressure Regulator. Pressure regulator, if required shall be manufactured by Wilkens, or equal. It will be the type as specified on the plans and be installed per details and manufacturer's instructions. 20 -7.12K Electrical Remote Control Valves. The electrical remote control valves shall be the type, size and capacity designated on the plans. These valves shall be manufactured by Toro, Rainbird, Thompson, Hydro Rain, or equal and be installed per details and manufacturer's instructions. Remote control valves shall be normally closed (N.C.) and master remote control mainline valves shall be normally open (N.O.). Electric remote control valves used in non - potable irrigation systems shall be the type designed for this use as noted on the plans. 20 -7.12L Gate valves. Gate valves shall be line size and be of the "ball" type configuration and installed per details. These valves shall be made of bronze or brass (no plastic) and be rated at one hundred fifty (150) p.s.i. for cold water. 20 -7.12M Check valves. Check valves shall be of the type shown on the plans and be installed at the location shown per details and the manufacturer's instructions. Check valves, if,not shown on the plans, will be required to prevent "low head drainage" at the toe of all slopes. These check valves will be manufactured by Toro ( #840 -01), KBI (KC & CV Series) or equal, be line size and installed per manufacturer's instructions. 20 -7.12N Quick Coupling Valves. Quick coupling valves shall be of the size noted on the .plans. They shall be made of heavy duty brass, two -piece construction with locking rubber cover. Quick coupling valves used on non - potable irrigation systems will have the rubber cover marked with "NON- POTABLE, DO NOT DRINK" warnings. The quick 40 I coupling valves shall be installed p,er the plans's details and the manufacturer's instructions. 20- 1.120 Hose Bib (Garden) Valves. Hose bib valves shall be the type as indicated on the plans and be bronze or brass, three quarter inch (3/411) straight- nosed, key operated and pressure rated at 150 p..s.i.. Hose bibs used on non- potable irrigation systems shall be posted with a permanent sign stating "NON- POTABLE, DO NOT DRINK ". 20 -7.12P Sprinkler :Heads...- Sprinkler heads shall be of the type and sizes shown on the plans.. If not-detailed differently on.the plans, the heads will be mounted on triple swing joint assemblies and installed per manufacturer's instructions. The sprinkler heads shall be manufactured.by Hunter, Toro, Rainbird, Buckner, Thompson, Hydro Rain, or equal. 20 -7.120 Utility Boxes (Valve, Splice and Pull Boxes). All remote control valves, gate valves, quick coupling valves, etc. shall be Placed in lockable plastic or concrete valve boxes as detailed of the Plans. Provide four- (4) cement bricks under utility boxes in turf areas to prevent settling from heavy maintenance equipment. Provide 1/2" square galvanized cloth under utility boxes to prevent gopher intrusion. Unless otherwise noted on the plans, all ut-1 -i -ty boxes shall_ have bolt -lock lids and be bolted shut with stainless steel bolts to prevent vandalism. All splices in control wire not occurring at the control valves shall be installed in plastic splice or pull boxes. These boxes will be installed per details on -the plans and be manufactured by Car "son. Industries, Ametek, Brooks, or equal.- 20 -7.12R Control Wire. Control wire from valves to controller shall be Direct Burial, AWG -U.F., 600 volts with a 3/64 inch insulation thickness, and sized in accordance with the controller equipment manufacturer's recommendation. Water -proof splices, where permitted, shall be as follows: 1. 18 -16 gauge: Spears brand Dri- splice connectors. 2. 16 -14 gauge: as above or with 3M's DBY #054007- 09053. 3. 12 -10 gauge: 3M's DBR #054001- 09964. Follow manufacturer's installation instructions completely. If gopher protection is identified as needed.on the plans or in the special provisions, low voltage direct burial wire shall be incased in non - metallic conduit. Computer control cable and. high voltage wiring shall always be .incased in non- metallic conduit.. Conduit shall conform to Section 86 -2.05A of the State Standard Specifications. 41 J 42 1 20 -7.12S Automatic Controller Unit. The type of controller unit shall be called out on the plans and shall be compatible with Rainmaster Central Control Irrigation Telemetry System. This work shall include the 120 volt power supply connection unless otherwise noted. This work shall be done by a licensed electrician following all applicable codes. Also provide electrical grounding and power surge protection as per manufacturer's instructions. 20 -7.13 General Installation. Requirements. Manufacturer's directions shall be followed in all cases where the manufacturer used in the Contract furnishes directions covering points not shown on the plans or in the Specifications. 20 -7.14 Layout. Prior to trenching, the Contractor shall. lay out the location of all sprinkler heads and valves using colored layout flags. The Contractor is responsible to make minor adjustments to the layout to compensate,for variations in the site from the plans. Upon completion of the layout, the Contractor shall call for an inspection (48 hours notification) by the Engineer. Before trenching and irrigation installation, layout must be approved by the Engineer. Upon approval of system layout, the work shall begin within three (3) working days. 20- 7.15 Trenching. 1. See Section 20 -7.03 for protection requirements as it relates to this section. 2. After approval of layout, the Contractor shall trench for pipe, tubing, control wire., conduit, and sleeve runs. These trenches shall be straight with vertical sides and uniform bottoms. The width shall be as required for installation of multiple pipes (as required by Section 20- 7.16(3), fittings, valve boxes, swing joint assemblies, eta. 3. Boulders, rocks, and other debris shall be entirely removed or cut to the width of the trench and to a depth of six (6) inches below trench bottom, then recompacted with native soil or sand to the required trench depth. 4. Unless otherwise noted on the plans the trench depth shall be as required to provide the following minimum soil coverage: a. Mainline (pressure. supply lines) sizes two (2) inches and smaller:. 18 inches. b. Mainline (pressure supply lines) sizes two and one half (2 -1/2) inches and larger, and under paving: 24 inches. c. Lateral lines (non - pressure lines): 12 inches. 42 1 All metal pipe and fittings below grade set in concrete shall be wrapped with a protective covering of three layers of polyvinyl chloride tape (electrician tape) . Overlap layers until the total thickness is at least ten (10) mils. 7. Pipe and sleeve installation in hardscape areas: 1 a. Coordinate installation of sleeving -. piping and wiring under paved areas with other trades. 43 5. Unless otherwise noted on the plans, provide cover over electrical wiring and conduit as follows: a. Low voltage wiring: eighteen (18) inches. b. Computer control cable in sch 40 PVC conduit: eighteen (18) inches. c. High voltage wiring in conduit: as per local code: twenty- four (24) inches minimum. 20 -7.16 Pipe Installation. 1. All pipe fitting connections shall be per pipe manufacturer's recommendations and instructions. Installers for solvent and rubber gasket joints shall be trained by the manufacturer's representative in techniques for making correct joints prior to performing work on the site. .2. Pipe shall be snaked in trench and be supported continuously during installation and final resting place in trench. 3. Two or more pipes in a trench shall be separated from each by a minimum six inch (611) horizontal distance. 4. During the installation of the pipe, all ends shall be capped (or plugged by other means) to prevent foreign matter from entering the system as it is being installed. All open ends of pipe shall be temporarily.capped during cessation of work.. 5. After pipes, risers and valves have been installed and prior to pressure testing, the system shall be flushed using a full head of water. This shall be done until all foreign matter is flushed from system. 6. Thrust blocking consisting of one (1) cubic foot of concrete shall be installed at turns, elbows, tees, and other places of undo stress on the mainline. Provide additional thrust blocking at locations shown on the plans. Provide thrust blocking at each change of direction and at the terminal points of all rubber gasket piping. Block in accordance with pipe manufacturer's instructions. All metal pipe and fittings below grade set in concrete shall be wrapped with a protective covering of three layers of polyvinyl chloride tape (electrician tape) . Overlap layers until the total thickness is at least ten (10) mils. 7. Pipe and sleeve installation in hardscape areas: 1 a. Coordinate installation of sleeving -. piping and wiring under paved areas with other trades. 43 20 -7.17 Pressure Test. • O 1 b. Piping under hardscape areas shall be tested at full static flushed, the Contractor shall cap all sprinkler risers and pressure for two (2) hours as required by Section 20 -7.17. systematically bleed all air from the system. Contractor shall obtain City's approval prior to paving. ' c. All sleeving shall extend twelve (12) inches beyond hardscape pressurize the irrigation system with one hundred fifty (150) edge. d. A galvanized nail or other suitable marker shall be placed at must be present when the system is pressurized. The Engineer the edge of pavement on each side to indicate the location of 3. If any leaks in the system are found, the Contractor shall have sleeves. the entire system re- inspected after the required repairs. e. Install sleeving, piping, wiring, and /or conduit in location until the system is found to be water tight by the Engineer. show on the plans or as directed by the Engineer. f. Sleeving for wiring shall be sized for ease of pulling wires without damage to insulation. g. Piping under existing pavements may be installed by jacking, boring or hydraulic driving except as otherwise specified on the plans or in the special provisions or by the Engineer. Open ends of sleeves shall be sealed off to prevent introduction of native material into the sleeve. h. Secure Engineer's permission prior to cutting or breaking existing pavements. i. Make completely clean cuts in pavement using power saws, at approved locations only. j. Replace, repair and restore to the Engineer's satisfaction all paved surfaces to their original condition. Such work shall match the original work in every respect, including type, strength, texture, and finish. 20 -7.17 Pressure Test. 1. After all automatic control valves, gate valves, quick coupling valves and check valves have been installed and the system flushed, the Contractor shall cap all sprinkler risers and , systematically bleed all air from the system. 2. After bleeding all air from the system and after the recommended curing time for the solvent has elapsed, the Contractor shall pressurize the irrigation system with one hundred fifty (150) p.s.i. of water for a period of four (4) hours. The Contractor shall notify the Engineer 48 hours in advance, and the Engineer must be present when the system is pressurized. The Engineer will return in four (4) hours to inspect the system. 3. If any leaks in the system are found, the Contractor shall have the entire system re- inspected after the required repairs. Installation of the heads and backfilling will not be allowed until the system is found to be water tight by the Engineer. 44 1 I 6.. Splices in wiring will only be allowed at the remote control valves, in pull or splice boxes, and a.t the controller. 45 i 6. All sprinkler heads, after finish grading, either left too high 20 -7.18 Installing.:Heads. or low will be adjusted to their proper height as detailed or 1. After the system is found to be water tight, sprinkler heads noted on the plans or special provisions. shall be installed, adjusted and a coverage test shall be run. 2. Head spacing shall not exceed the maximum shown on the plans for the heads selected. 3. Unless otherwise noted on the plans or stated in the special provisions, heads in lawn, areas shall be installed three (3) inches above finish grade. Lawn heads shall be installed two (2) 3. inches away from walks, curbs, paving, headers, mow strips, or other structures. Shrub heads shall be installed per details on the plans. 4. Head locations and adjustments shall be done to achieve full and 4. uniform coverage with minimum overthrow. 5. The Contractor shall be prepared to install lawn heads elevated above grade in seeded areas when detailed on the plans or as directed by the Engineer. The Contractor shall be responsible to 5. lower the heads to their proper position upon the establishment of seeded areas. 6.. Splices in wiring will only be allowed at the remote control valves, in pull or splice boxes, and a.t the controller. 45 i 6. All sprinkler heads, after finish grading, either left too high or low will be adjusted to their proper height as detailed or noted on the plans or special provisions. 20 -7.19 Installing Control Wire and Controller(s) 1. All control wire and splices made to the wire shall be as specified in Section 20- 7.12R. 2. Wiring, wherever possible shall be placed in same trench as it's valve and mainline, running under the pipe. Multi- wiring shall be taped together at twelve (12) foot intervals. 3. Wiring not. run in trenches with pipes shall be buried a minimum of 18 (eighteen) inches and run along walks, curbs, or building edges wherever possible. 4. A minimum two (2) foot expansion loop shall be provided at all valves, changes in direction, pull or splice boxes, at every five hundred (500) feet of straight runs, and at each controller. 5. All common wire shall be white, pilot wiring any other color. Each controller shall have a common neutral wire to its respective valves. Each remote control valve shall have a separate control wire with no other valves connected to it. 6.. Splices in wiring will only be allowed at the remote control valves, in pull or splice boxes, and a.t the controller. 45 i 7. Connect control wire-to controller in sequential order according the valve station numbers shown on the plans. At the valves, attach a small aluminum tag with valve number inscribed. site soil is not acceptable, this may require the import of sand 8. Place controller(s) and enclosure(s) at locations approved shown 3. on the plans or as directed by the Engineer. 9. If not detailed differently on the plans, install controller enclosure(s) on concrete pads as per manufacturer's instructions. 10. When completed, controller(s) shall be fully operational. ' 20 -7.20 Backfilling. Trenches located under areas where paving, asphaltic concrete or concrete will be installed shall be backfilled with a six (6) 1. Backfilling will only be allowed after all test and inspections inch layer of sand. below and above pipe(s), and compacted to 95 %. have been passed and piping, heads, valves, wiring, thrust Remaining backfill shall be compacted per #3 above. blocking, valve boxes, pull or splice boxes, sleeving, and other 1. .equipment installed. 2. As soon as the work has been installed, inspected and approved, all excavations shall be filled with fine earth materials, free from clods, rocks, and other large organic matter. If existing . site soil is not acceptable, this may require the import of sand or soil as backfill as part of this contract. 3. Backf ill shall be placed in maximum six (6) inch layers, each layer compacted to a dry density equal to 90% of the adjacent soil. The finish grade of the trench and surrounding area shall be finished graded in accordance with Section 20 -4.03. 4. Trenches located under areas where paving, asphaltic concrete or concrete will be installed shall be backfilled with a six (6) inch layer of sand. below and above pipe(s), and compacted to 95 %. Remaining backfill shall be compacted per #3 above. 20- 7.21 System Adiustment. 1. Verify that the entire system has been flushed and cleaned. 2. Verify that all main line shut -off valves are fully open. 3. If plans show a mainline pressure regulator, set the pressure to the required pressure as called out on the plans, then proceed downstream to zone adjustments. 4. Using pressure gauges and pitot tubes, adjust remote control valve flow controls and /or pressure regulators to the zone . setting as called out on the plans. The set pressure is the operating pressure of the sprinkler head furthest. or highest from the valve. All other heads will have slightly higher pressures. 5. After zone pressures has been set, adjust arc patterns to avoid overspray onto non - planted areas. i 46 6. Finally, adjust radius diffuser pins to avoid overspray onto non - planted areas or as directed on the plans. 20 -7.22 Coverage and Operational Tests.. 1. Coverage test: a. The Contractor shall provide 48 hours notice to the Engineer for the coverage test. b. With the Engineer present, the Contractor is to test the system for proper coverage. c. The Contractor shall adjust the system's pressure regulating devices (in accordance with Section 20- 7.21) to obtain the correct pressure at each sprinkler head. d. Each head shall be adjusted for proper coverage and precipitation rate with minimum overthrow onto walks, buildings, streets, parking lots and other such structure. e. If the system is found to need adjustments, the Contractor ' shall make these without additional cost to the City. The Contractor will make changes in'the irrigation equipment, the head's nozzle size, and the angle of throw to achieve a properly operating irrigation system. 2. operational test: The system shall be run in it's manual mode and in its automatic mode, testing each station operation through it's entire cycle. c. Any part of the system not meeting the approval of the Engineer shall be repaired and then tested again at no cost to the City. 20. -7.23 Clean Un_. After completion of this work and before. the operational test, the Contractor shall clean the entire work site of excess material, rubbish and debris. Remove all construction barricades, equipment and tools so as not to hamper operational testing. 1 47 I a. At the completion of the irrigation installation and prior to planting and contingent upon it, an operational test shall be run. This test shall be run in the presence of the Engineer (48 hour notification time). b. The performance of all components of the system shall be evaluated for proper. working order, function and coverage. The system shall be run in it's manual mode and in its automatic mode, testing each station operation through it's entire cycle. c. Any part of the system not meeting the approval of the Engineer shall be repaired and then tested again at no cost to the City. 20. -7.23 Clean Un_. After completion of this work and before. the operational test, the Contractor shall clean the entire work site of excess material, rubbish and debris. Remove all construction barricades, equipment and tools so as not to hamper operational testing. 1 47 I 0 n Drip Irrigation Materials 20 -7.24 - 20 -7.24A Description. All materials shall be as indicated on the plans, special provisions and as herein specified. All materials shall be new and unused prior to the installation unless stated differently on the plans or in the special provisions. manufactured by Brownline,.Spears or equal. Tubing to fitting All irrigation materials not called out in this section but are noted , on the plans or in the special provisions, and noted in other sections of these specifications shall be as specified in these other sections. 20 -7.248 Substitutions. No substitutions for irrigation materials will be allowed unless approved by the Engineer in accordance with Section 6 -1.05, "Trade Names and Alternatives" of the State Standard Specifications. 20 -7.24C Distribution Tubing and Fittings. 1. Polyethylene tubing- This tubing, if not called out on the plans ' or in the special provisions, shall be made out of linear, low density polyethylene resin, and be a 111/2" inch diameter size (.600 I.D. x .700 O.D.). This tubing shall be manufactured by ' Roberts, Hardie, Rainbird., Salco or equal and be suitable to fit compression fitting manufactured by AG. Products, Lasco /Spears or equal. The tubing and fittings shall be U. V. resistant. 2. PVC (Polyvinyl Chloride) tubing - This tubing, if not called out on the plans or in the special provisions, shall be extruded from flexible vinyl chloride compound conforming to ASTM designation D -2287. This tubing shall be manufactured by Salco, Pepco or equal and be jointed with PVC fittings (type II, I.P.S., sch 40, NSF approved) . These fitting shall be U.V. resistant and be manufactured by Brownline,.Spears or equal. Tubing to fitting connections will be made with Lasco 705 cement and P -70 Primer , (or equal) per manufacturer's label instructions. Excess cement will be wiped cleanly away from tubing joint after assembly. 20 -7.24D Micro or Spaghetti Extension Tubing. This tubing shall be made from extruded, linear, low density polyethylene resin. This tubing shall be from the same company that manufactures the drip emitters so as to match the emitter's barbs. 20 -7.24E Drip Emitters. The drip emitters shall be the type as shown on the plans. The emitters shall be pressure compensating, flow ' regulating and self flushing and be manufactured by Salco, Rainbird, Toro, Buckner or equal. These emitters shall be installed per details on the plans and as instructed by the manufacturer. ' 20 -7.24F Micro Spray Heads. The micro spray heads shall be as specified and installed per the plans details. The heads shall be manufactured by Micro -Jet, Toro, Rainbird, or equal. 48 1 F L ' 20 -7.24G Drip_ Fihter._.:Control Valve and Pressure Regulator. These three devices shall be installed per the details on the plans and the manufacturer's instructions. They shall be installed as close as possible to the first emitter and be installed in a valve box in accordance with Section 20- 7.120, of sufficient size to allow maintenance. The filter shall precede the valve and pressure regulator, with the regulator on the outflow side of the valve. 1. Drip Filter - Every valve circuit of the drip irrigation system shall have a filter installed. If noted differently on the plans or special provisions, the filter shall be a Wye- Strainer type with a 140 t0 155 mesh filtering screen. These filters shall be manufactured by Pepco, Hardie, Toro, Salco, Buckner, or equal. 2. Control Valve - See section 20 -7.12K 3. Pressure Regulator All drip emitters shall run between pressures of 10 p.s.i. and 50 p.s.i.; To insure this range, a drip pressure regulator shall be installed in each drip valve circuit. The type specified will be as show on the plans and be a "in- line ", preset regulator especially design for use on low flow irrigation systems. They shall be manufactured by Pepco, Hardie, Toro, Rainbird or equal. 20 -7.24H Ball valves. Ball valves sizes and locations shall be as specified on the plans and shall be installed per plans "s details and be manufactured by Pepco, Salco, KBI or equal. 20 -7.24I End Caps. All ends of distribution tubing shall have removable, flushable ends caps installed. These shall be manufactured by Pepco, Hardie or equal. 20 -7.24J Bug Caps. All ends of micro or spaghetti extension tubing from the drip emitters to the plant pits shall be fitted with bug caps. These shall be from the same company that manufacture's the drip emitters and micro tubing. 20 -7.24K Hose Stakes. If not called out differently on the plans, all surface runs of distribution tubing and micro extension tubing shall be secured to the finish grade with stakes. Distribution tubing ' shall be staked at six foot (61) centers, micro tubing shall be staked at their terminus and at three foot (31) centers. The stake shall be wire metal type and be manufactured by Pepco, Salco or equal. Site ' made stakes shall be 9 ga. wire or greater for distribution tubing and 12 ga. wire or greater for the micro tubing, with minimum six (611) inch legs. Size and gauge shall vary with soil conditions and be made. with approval of the Engineer. 20 -7.24L Access Sleeves. - If not specified differently on the plans, all underground drip emitters shall be placed in access sleeves. End caps on distribution tubing of subsurface system shall also be placed in access sleeves. These sleeves shall be installed per plans's details and have a one inch (111) layer of pea gravel installed at the 1 49 1 bottom. These sleeves shall be manufactured by Salco, Rainbird or , equal. 20 -7.25 General Installation Requirements. 1. Inspections - The following inspections, if not specified differently in the special provisions, shall be required on the , drip irrigation system. The Contractor shall contact the Engineer 48 hours in advance of these inspections to set up inspection time. Failure to pass any inspection is the responsibility of the Contractor. The Contractor must remedy the situation at his /her cost and call for re- inspection before being allow to proceed with the next phase of installation. 1 The required inspections listed below are detailed in the following sections: a. Layout inspection b. Pressure test c. Installation inspection and operational test 2. Installation of equipment and work not called out in this section, but required as part of the drip irrigation system shall be as specified in Sections 20 -7.01 to 20- 7.2.3. 20 -7.26 Layout. Prior to trenching or installation, the Contractor is to layout all micro spray heads and valve locations with flags and chalk out drip distribution tubing runs. The Contractor is , responsible to make minor adjustment to the layout to compensate for variations in the site from the plans. Upon completion of layout, The Contractor shall call for inspection by the Engineer. Before trenching and irrigation installation, layout must be approved by the Engineer. 20 -7.27 Trenching and Backfill. All trenching shall conform to the provisions of Section 20 -7.15 and 20 -7.20, except if noted differently on the plans. 20 -7.28 Pressure Test. Once all rigid mainline and lateral piping, valves, filter(s), and pressure regulator(s) have been installed as specified in Section 20 -7.16 and 20 -7.24, and the system flushed with water. The Contractor shall cap all ends of pipe and systematically bleed all air from the system. The system shall then be tested in accordance with the requirements of these Standard Specifications. 20 -7.29 Drip Distribution Tubing Installation. 1. After the system is found to be water tight, the Contractor shall install the distribution tubing. 2. The tubing shall be snaked in the trench in underground systems and about the landscape in above ground installations to allow 50 L for the expansion and contraction variations (add. 3% to tubing length required as a general rule). 3. Any tight turns in the tubing shall be made with fittings to prevent kinking. 1 4. All tubing cuts for fitting connections shall be done with a sharp tool leaving a square end. 5. Temporarily cap all free ends of tubing with tape to prevent dirt contamination. 6. Tubing -to- compression fittings shall be seated to full depth of fitting. 7. PVC tubing shall be: solvent welded to PVC fitting using primer and cement following manufacturer's instructions. PVC tubing shall. be kept under the 110 degree F. maximum cementing temperature during installation of fittings by means of shading, damp rags or working when temperatures are cooler. 8. All surface runs of distribution tubing shall be staked in accordance with Section 20- 7.24K. 9. Distribution tubing runs on, soil surface shall be 'free of any sharp stones, aggregate or debris. 10. All ends of distribution tubing shall have flushable end caps. Subsurface tubing end caps shall be installed in access sleeves as specified in Section 20 -7.24I and 20- 7:24L. 11. After installation of all distribution. tubing, all ends caps shall be removed and the system flushed until water runs clear through all ends of tubing, then capped. 20- 7.30- Drip Emitters and Micro Spray Heads. After installation of all underground components, backfilling, surface run distribution tubing, and approvals; all plant materials shall. be planted before the installation of drip emitters, micro tubing and micro spray heads. 1. Holes for the installation of the emitters and micro spray heads shall be made with a hole punch tool designed for the emitter and head being used. 2. Water shall be flowing through the distribution tubing at low pressure (0 -5 p.s.i.) during the emitter-installation. . 3. Micro extension tubing shall be of the appropriate size for the drip emitter. The ends of this tubing shall be fitted with bug caps, and the terminus shall be located at the out perimeter of the planting pits. This tubing shall be staked at the terminus and at three (3) foot center'as specified in Section 20- 7.24K. 51 1 3. The system shall be run in its manual mode and its automatic mode, testing each valve station operation through its entire cycle. 4. Any part of the drip system not meeting the approval of the Engineer shall be repaired and then tested again at no cost to the City. 20 -7.32 Clean Up. After completion of this work, the Contractor shall clean the entire site of excess materials, rubbish and debris. 20 -8 PLANTING 20 -8.01 Description of Work. The Contractor shall supply all plants, labor, materials, tools, and equipment. to install all plant materials, and do other incidental work as indicated .on the plans, special provisions, and this section.. 52 4. All buried drip emitters shall be installed in a access sleeve. 5. For subsurface drip irrigation systems the terminus of the micro tubing shall be place above grade. 6. Micro spray head spacing shall not exceed the maximum shown on the plans for the heads selected. ' 7. Micro spray heads shall be adjusted in spacing, pattern and riser height to achieve full and uniform coverage with minimum overthrow. 20 -7.31 Installation Inspection and Operational Test 1. At the completion of the drip irrigation installation, the Engineer will inspect the .system installation and at the same time have an operational test run. 2. The inspection and test shall evaluate the system for proper working order, function, coverage and emitter flow. a. Each plant will be inspected for the proper number of emitters, correct location and the required bug caps. b. The Engineer will spot check the emitters for correct flow rate by discharging water into a container for a calculated time period. b. Check for desired minimum pressure at points located at the system worst hydraulic condition with pressure testing equipment supplied by the Contractor (Schrader pressure testing valve). 3. The system shall be run in its manual mode and its automatic mode, testing each valve station operation through its entire cycle. 4. Any part of the drip system not meeting the approval of the Engineer shall be repaired and then tested again at no cost to the City. 20 -7.32 Clean Up. After completion of this work, the Contractor shall clean the entire site of excess materials, rubbish and debris. 20 -8 PLANTING 20 -8.01 Description of Work. The Contractor shall supply all plants, labor, materials, tools, and equipment. to install all plant materials, and do other incidental work as indicated .on the plans, special provisions, and this section.. 52 1 C 20 -8.02 Receipt. The Contractor shall submit to the Engineer copies of all invoices of plants and materials used to complete this section of work. One contingency of acceptance of this section is the submittal of these copies to the Engineer: 20 -8.03_ Finish Grading. After completion of this section the entire area shall be re- graded in accordance with the requirements of Section 20 -4.03. 20 -8.04 Clean IIp. The Contractor shall clean the site of all rubbish and debris, empty all refuse barrels and cans, and remove and empty them from the area at least once every week during construction period. The project area shall be kept clean enough as not to hamper the work of other trades or cause public harm. 20 -8.05 Inspections.. The Contractor shall notify the Engineer 48 hours in advance of. the following inspections. These inspections are required unless it is stated differently on the plans or special provisions. These inspections are a contingency of acceptance of this section of work. The required inspections are: 1. Plant delivery inspection - The Engineer will inspect and must. 1 approve all required plant materials. These plants will be inspected for conformance to the requirements of Section 20- 8.07B. All plants furnished by the Contractor shall be true to the type shown on the plans and shall be tagged identifying the plants by genus, species, and variety;'however, determination of the plant ' species or variety will be made by the Engineer and his /her decision shall be final: Plants shall be individually tagged or tagged in groups. The Engineer reserves the right to reject any plant(s) at his /her discretion. 2. Layout inspection - The Contractor is to layout all plant materials (except ground covers from flats or liners), either by placing the container or staking, at the locations or spacings call out on the plans. The Engineer will inspect the locations and after approval of the placement of the plants, planting will be allowed. If the Contractor installs, the plants without the Engineers approval, the Contractor assumes total responsibility of their placement and the Engineer reserves the right of rejecting their placement. 3. Final planting inspection - After completion of this section, the Contractor (48 hour in advance) shall notify the Engineer of this required in The Engineer will, approve or deny acceptance as judged upon the conditions and requirements of the plans, special provisions and this section. At this time the Contractor shall submit to the Engineer copies of invoices of material used, as required by Section 20 -8.02. 53 1 r0 20 -8.06 Quantities. Numerical quantities and totals are provided on the plans for convenience only. The Contractor is responsible to supply all plants called out by symbols or spacings for each plant noted on the plans or special provisions. 20 -8.07 Plant Materials. 20 -8.07A Nomenclature. Plant names show on the plans refer to botanical names (genus, species and variety) of each plant. Common names, when shown, are for convenience only and shall not be used when ordering plants. ' 20 -8.07B Nursery Grade, Condition and Size 1. Nursery grade - All plants shall be No. 1 grade and shall conform to the State of California Grading Code of Nursery Stock. 2. Condition - Plants furnished by the Contractor shall be healthy, S shapely, well rooted and show no evidence of having been restricted or deformed at any time. Plants shall be well grown, free from pest and disease, and shall be grown in nurseries which have been inspected by the State of California's Department of Food and Health. 3. Size - Where height and /or spread is noted on the plans, they shall be measured with branches in their normal position. Where caliper is noted, it shall be measured .four (4) feet above finish grade. Where only container size is noted, it shall be , understood that these plants be of accepted industry size as required by Section 20- 8.07B(1). 20- 8.'07C Protection and Storage. No plants shall be transported to the site that is not thoroughly wet through out its root ball. Any plant that, in the opinion of the Engineer, has damaged root ball or ' is dry or in wilted condition when delivered to the planting area will not be accepted, and replaced at Contractor's expense. Trucks used for the transportation, shall be equipped with covers to protect the plants from wind burn. Plant material that is stored shall not be stored for more than five (5) days. The stored plants shall be protected from winds, heat, cold, and sun; and shall be watered daily until planted. The plants shall also be protected from vandalism and theft and will be the Contractor responsibility to replace plants that suffer this act. Bare root and balled & burlapped plants shall be kept moist by means of wet sawdust, burlap or similar materials. 20 -8.07D Watering. Once the plant material is installed, it is the responsibility of the Contractor. to keep the plants well watered, either by use of the irrigation system or by hand watering. 20 -8.07E Substitutions - No substitution for plant materials will be allowed unless approved by the Engineer in accordance with Section 6- 54 1.05, "Trade Names and Alternatives," of the State Standard Specifications. ' 20 -8.08 Plant Pit Backfill Mixture and Rate. The backfill mixture shall be composed of: Native, rock free soil 75% by volume Soil amendments 25% by volume "Grow- power" 15 # /C.Y. of mix Sulfur 6 oz. /C.Y. of mix With the following fertilizer (Agriform 20 -10 -51 21 gram planting tablets, or equal) used.at the following rates: size Ouant. size Ouant. 1 -2 gal. 1 20" box 6 5 gal. 2 24" box 7 7 -10 gal. 4 36" box 8 15 gal. 5 4811 box 9 Other sizes shall be per manufacturer's instructions. Placement of the tablet(s): Backfill halfway up the root ball, place tablet(s) beside the root ball, about one inch from root tips and equally spaced around the root ball. Do not place tablets in bottom of hole. 20 -8.09 Plant Installation. Planting shall not begin until all soil conditioning and finish grading has been accomplished and approved by the Engineer. Plants in boxed containers, 24" or larger shall be planted before installation of the irrigation system with approval of the Engineer. Irrigation lines conflicting with these plant locations shall be rerouted to clear the root ball. All other planting may proceed irrigation installation only at the assumption of .total responsibility by the Contractor and with approval of the Engineer. ' 20 -8.10 Plant Pits. If not otherwise shown on the plans, the plant pits shall have vertical sides. The size of the pit shall be twice the width of the root ball or container, and one and one half (1 1/2) the root ball or container height. The sides and bottom of the plant pit will be scarified. 20 -8.11 Plantinct of .Trees and shrubs. 1. Containers shall be removed in such a way that the plant's roots are not injured. Balled and burlapped plants shall have the wrapping cut back at the root crown after the plant is positioned in the plant pit. 2. Backfill with the backfill mixture so that the root ball is one (1) inch higher than the finish grade. This backfill shall be water settled and lightly foot tamped.. 55 I • O 3. Place plant in the pit so that it is plumb and straight and the ' best side is facing the most viewed angle. 4. Backfill with the mixture halfway up the root ball and place the ' fertilizer as specified in Section 20 -8.08. 5. Backfill with the rest of the mixture up to the finish grade and water settle thoroughly. Add additional backf ill mixture to fill ' any remaining voids below finish grade. 20 -8.12 watering Basins 1. Construct a mound of backfill mixture around each plant, except ground covers planted from flats, trees and shrubs in grass areas; forming a watering basin the same diameter of the drip line of the plant. 2. The mounding for fifteen (15) gallon and larger plants shall be t at least four (4) inches above the finished grade. Mounds for smaller sizes shall be two (2) inches above grade. 20 -8.13 Staking and Guying Supports. Staking and guying shall be done immediately after planting of trees. 1. The Contractor shall stake all new trees called out on the plans , per Engineering Standard #7121, 7122, 7123, and 7124 as amended to date. Backfill mixture will be as herein specified. The lodgepole stakes shall.be of sufficient length to support the ' head of the tree. 2. Tree guying shall be installed per details on the plans. 20 -8.14 Ground Cover Planting 1. Ground covers are to be planted in alternating rows so that the spaces between form equilateral triangles at the spacing noted on the plans. ' Shrub and trees shall be planted first. Ground covers shall then be planted under, around and between these shrubs and trees unless noted differently. 2. Ground covers shall be planted in moist soil and be planted with a proportionate amount of soil from the flat. This soil shall be such that the soil doesn't crumble when removing plants. 3. If not otherwise noted on the plans or special provisions, a pre - emergent herbicide shall be applied as specified in Section 20- 8.18B to the ground cover planted areas for weed control. 1 56 ' I I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 20 -.8.15 Vine Planting 1. Vines shall be planted as specified in Section 20 -8.10 to 20- 8.12. 2. Vines shall be attached to their supports as follows: a. Trellis - After planting, carefully cut vine from nursery stake and spread branches. Spread and attach. branches to trellis with green, plastic tie ribbon. b. Walls _ Same procedure as trellis, but secure branches with adhesive masonry vine ties or as directed.on the plans. On both techniques, the Engineer will have final approval of placement of vine on supports. 20 -8.16 Lawn Installation. Before installing lawn all finish grading and soil conditioning shall be complete and approved in accordance with these Standard Specifications. Lawn installation shall conform to the following requirements: 20 -8.16A Sodding. 1. sod type, if not called out on the plans or noted in the special provisions, shall be a drought tolerant, fine bladed Tall Fescue sod as approved by the Engineer. 2. The finish grade shall be re- graded to the thickness of the specified sod, be firm and raked smooth with no depressions or undulations. 3. The subgrade shall be moist but not wet when sod is laid. Sod strips shall be, laid parallel with staggered ends offsetting adjacent.rows, and butting -up tightly against each other and all construction. On slopes the sod shall be run perpendicular to the contours. 4. Within two (2) hours after installing sod and before rolling, the sod shall be lightly watered. All seams and joints shall then be rolled with a half filled roller. 5. The sodded area shall be watered thoroughly to penetrate the subsoil at least six (6) inches. Watering shall be repeated as necessary to keep the sod moist until rooted. 6. Sod area shall be protected until established by staking and marking with 36" long wood stakes (bury 12" deep) at eight (8) feet on center with plastic orange ribbons attached. Two strings (orange), one at the top and one six (6) inches above grade attached to the stakes shall surround the area. Signs stating "KEEP OFF GRASS" shall be placed on every change of direction of the strings. This area shall be protected until the grass is 57 0 0 1 seed applied at the rate shown on the plans or in the special 1 well rooted and has two and one half (2 -1/2) inches of top growth. required to cover area. 3. 20 -8.16B Hand.Seeded Lawns 1 1. Grass seed shall be the type specified on the plans or in the special provisions. The seed shall be fresh, clean, new crop 4. seed mechanically pre -mixed to the specified proportions. The seed must be delivered to the site in unopened, original 5. Any seed that germinates outside of the designated grass area containers bearing the dealers guaranteed analysis and shall be immediately pulled, including roots and disposed of. germination (90% pure with 85% germination). The area of seeded lawn shall be protected per Section 2. After finish grading, the soil surface shall be lightly raked and seed applied at the rate shown on the plans or in the special provisions. The seeding shall be sown uniformly and applied in two opposite directions, each with half the amount of seed required to cover area. 3. After seeding, the area shall be evenly covered to a depth of 1/4 inch with a mulch (amendment) as specified in Section 2.0 -6.04. The seed covered area shall then be rolled with an empty roller, then thoroughly watered. 4. The seeded area shall be kept continuously moist through out the 1 germination period, as specified by the seed company.. 5. Any seed that germinates outside of the designated grass area shall be immediately pulled, including roots and disposed of. 6. The area of seeded lawn shall be protected per Section 20- 8.16A(6). 20 -8.16C Stolonized Lawn Plantings in 1. The grass stolons shall be the type specified on the plans or the special provisions. 2. After finish grading, the area shall be thoroughly watered to a 1 depth of at least six (6) inches. As soon as the soil can be worked, if not specified on the plans or in the special provisions, "Grow- power" fertilizer at twenty -five (25) pounds per one thousand (1,000) square feet shall be worked into the top one (1) inch of soil. 3. At time of planting, the top two (2) inches of soil shall be friable and contain enough moisture to prevent the stolons from drying out during planting. The stolons shall be worked into the soil to depth of one half to one and one half inches (1/2" to 1 -1/211) by mechanical or hand planter, or broadcast by hand and covered with mulch (amendment) as specified in Section.20- 6.03A. 4. Areas exceeding 10,000 s.f. a mechanical spreader shall be used; less than 10,000 s.f. and more than 2,000 s.f. a hand planter or 1 .58 1 mechanical planter shall be used; less than 2,000 s.f. hand planting only shall be used. 5. Hydroseeding of stolon grass area is allowed, if approved by the Engineer, stated on the plans or in the special provisions. This hydroseeding shall be applied per the rates noted on the plans or in the special provisions. 6. Planted stolons shall not dry out. Watering shall begin immediately after planting and stolons kept moist at all times until plants are well established. 7. The stolonized area will be protected per Section 20- 8.06A(6). 20 -8.16D gydroseeded Lawn Planting 1. Seed and rate of application shall be as specified on the plans or in the special provisions. Fiber shall be 100% virgin wood fiber mulch (dyed green), such as Weyerhaeuser's Silva -Fiber or equal at the rate specified on the plans or in the special provisions. A taxifier, M- Binder by Ecology Controls or equal, shall be organic and added when slopes exceed five (5) percent. Fertilizer shall be "Grow- Power" (5 -3 -1) and applied at five hundred fifty (550) pounds per acre, or as specified on the plans or in the special provisions. 2. After finish grading, the surface two (2) inches of soil shall be loosened by lightly tilling and then floated level. Area shall be sept moist to a depth of six (6) inches. 1 3. The slurry preparation shall take place at the site by an experienced hydroseeding company. Spraying shall commence five minutes after all materials have been mixed into the slurry. 1 4. Oversprayed areas will be cleaned up immediately and any seed that germinates outside of the hydroseeded area shall be pulled immediately and disposed of. 5. The area of hydroseeding shall be protected as specified in Section 20- 8.16A(6). 20 -8..17 wildflower seeded Areas. Wildflower seed to be applied to natural areas shall conform to the following requirements: t. 20- 8.17A. The seed shall be of the type specified on the plans or special provisions. The seed shall be fresh, clean, new crop seed and ' delivered to the site in labeled, un- opened containers. The seed shall be labeled as to the germination rate,, germination test date, and the quantity of seed supplied. For seed mixtures, an itemized list shall be supplied citing percent composition and minimum ' germination standard for each component in;the mixture. 59 1 The seed shall be supplied by one of the following companies if not specified on the plans or in the special provisions: Environmental Seed Producers, Inc., S &S Seeds, and /or Clyde Robin Seed Co. 1. Mow area to be seed as low as possible, then remove cut vegetation. Loosen the top Two (2) inches of the soil with a flail mower with verticutting blades. Areas to receive seed shall not be deeply cultivated. 1 1 2. Apply seed with a cyclone seeder at the rates of application stated on the plans or in the special provisions. Use sand as a , proportioner (2:1 sand to seed) to help insure even distribution. 3. After seed application, lightly rake area to achieve a seed ' cover. This can be done by a hand rake for small areas, or for large areas, using a drag mat behind a tractor. 20 -8.178 Planting Time. Seed planting must take place during San Luis Obispo's winter rainfall period. Contractor shall start soil preparation after first light rain fall, when soil is slightly moist and not before November. After soil has dried to the point of being moist in the top two (2) inches of soil, and upon approval of the Engineer, the Contractor shall sow seed as specified in Section 20- 8.17A(3) ". 1 After the Contractor has seeded the area, he shall send to the Engineer copies of invoices of seed used, showing amounts applied. 20 -8.17C Hydroseeding wildflowers. Hydroseeding of wildflower shall conform to the requirements of Section 20 -3 Erosion Control, and the special provisions. 20 -8.18 Mulching. Mulching shall be applied to the areas noted on the plans or as required in the special provisions only after the area has been finish graded and planted in conformance to the following ' requirements: 20 -8.18A Material, Rates of Application and Installation. The type of mulch shall be noted on the plans or special provisions. If not, it shall be material available at the City Corporation Yard per Engineer's approval. ' If not noted on the plans, the depth of mulch shall be two (2) inches and shall be applied in a neat and even layer around, under and between all plants. The mulch will be cleared away from, and not touch plant root crowns. 20 -8.18B Pre - emergent Herbicide 1. If not otherwise noted on the plans or special provisions, a pre - emergent herbicide shall be used after.the application of mulch for weed control. Pre - emergent herbicides: XL, Pennant, Ronstar, Rout, and Ornamental Herbicide 2 are approved for use under these 60 I general conditions._ The Contractor must determine which herbicide is safe for application for the plants being called out on the plans. The Contractor shall notify the Engineer if detrimental compatibility exist between the herbicide and the plants. The Contractor takes full responsibility for pre - emergent herbicide not approved for use. 2. The Contractor shall apply only granular forms of pre- emergent herbicide, and shall not apply it if the foliage is wet or the wind is more than five (5) miles per hour. The Contractor after application shall wash all foliage of herbicide residue after application. The application of the herbicide must be in direct compliance with the "directions of use" provided by the manufacturer for the pre- emergent herbicide being used. 20 -9 ESTABLISHMENT AND MAINTENANCE PERIOD 20 -9.01 Description of Work. The Contractor shall supply all labor, materials, equipment and tools to complete the establishment and maintenance period. 20 -9.02 General Requirements. During installation and construction of this project all areas shall be maintained continuously, up to the time of final acceptance. 20-9.03 Maintenance Period and Requirements. After all work indicated on the plans, in the special provisions and in these .Standard Conditions has been completed, inspected and approved by the City; the Contractor shall maintain all planted areas by means of continuous watering, weeding, rolling, mowing, re- seeding, pruning, replacing, fertilizing, spraying and /or other operations necessary for proper care and upkeep for the period of time specified and until acceptance of work by the City. The maintenance period shall be for one (1) year from date of the landscape being complete, inspected and approved by the City; unless otherwise stated on the plans or special provisions. The maintenance period shall be extended, at no additional cost to the City, by the time necessary to meet the requirements for completion of the maintenance period herein specified: 1. Mowing and edging: a. The first mowing on seeded lawns shall occur when the grass has a minimum of ninety percent (90 %) coverage. Cut the lawn to one half (1/2) its height the first mowing, then to its normal height thereafter.. 1 b. Mowing heights - mow the lawn a minimum of every seven (7) days to the following heights: bluegrass & rye grass- 1/211, 61 I • 1 .� 1 Bermuda grass - 3/411, dichondra - 111, and tall fescue - 2 -1/211. ' c. Young trees shall not be pruned or "headed up" until they are c. Edges shall be trimmed at least every other mowing. Only pruning to remove dead, diseased or damaged portions d. Clippings shall be caught, collected and disposed of. d. Shrubs will not be sheared unless designated by the Engineer 2. Watering: to be sheared. e. Pruning shall be done to maintain growth within space a. Water shall be applied lightly and frequently until roots as directed by the Engineer. begin to grow. This may be as often as necessary through the r day during hot dry weather. b. Remove support material prior to disfiguring of plant, b. Once plants are established, watering shall be done as 1 required for maximum plant growth. Lawns shall be scheduled for watering no.more than one day prior to wilting and then until surface run -off begins. c. All watering shall be done on a rising temperature. Automated systems can be set to water at 5 a.m. 3. Pruning: a. All pruning cuts shall be made to lateral branches or buds, ■ or flush with trunk. I b. Any cuts one (1) inch or larger shall receive two (2) coats of asphaltic base sealant. ' c. Young trees shall not be pruned or "headed up" until they are able to support themselves without staking or other supports. Only pruning to remove dead, diseased or damaged portions will be allowed. d. Shrubs will not be sheared unless designated by the Engineer r to be sheared. e. Pruning shall be done to maintain growth within space limitations or to maintain a proper leaf -to -root relationship as directed by the Engineer. 4. Staking and guying: r a. Replace all broken support materials. b. Remove support material prior to disfiguring of plant, replace or redo if support is still required. c. Supported plants shall be checked monthly and the support system removed as soon as they are no longer needed. 5. Insect and disease control: The Contractor shall properly identify any pest and immediately begin control by mechanical or 62 I 1 • o chemical methods. Chlorinated hydrocarbons and organic phosphate based pesticides shall not be used. All such methods shall be done in strict adherence to the manufacturer's instructions and without harm to any plant or animal life, except the pest to be controlled. 6. Weeding: The Contractor shall keep the entire area weed -free by mechanical or chemical weed removal methods once a week. Chemical application shall be done in strict adherence to the manufacturer's instructions and the Contractor shall take full responsibility for its use. 7. Fertilization: a. Ground cover areas and /or planted mulched beds shall be fertilized at thirty (30) day intervals with "Grow -Power Plus" at twenty (20) pounds per one thousand (1,000) square feet, or equal. b. Fertilizer, Agriform Turf Mix (34 -0 -7), 8 month formula shall be applied at ten (10) pounds per one thousand (1,000) square feet to lawn area after thirty (30) days into maintenance period, then again, if period is longer, after eight months. The Contractor at these points in time shall send to the Engineer a letter stating that this fertilization has taken place and enclose copies of invoices showing amounts applied. 8. Plant replacement: a. The Contractor shall replace all dead plant materials with the original designated plant type and size within two (2) weeks of verbal or written notice by the City. b. Should a potted plant die, the pot shall be immediately relocated out of view until the plant can be replaced. Such replacement shall not exceed five (5) working days. c. Any substitute replacement must have written consent of the Engineer. 9. Irrigation system: a. The irrigation system shall be kept in correct operating order at all times; repairing broken heads, valves, pipes, controllers, etc. in prompt fashion. b. Should failure occur, hand watering shall be carried out to insure healthy plant growth. K c. Automatic systems shall be seasonally adjusted to insure ® proper precipitation. Heads shall be inspected weekly for proper coverage and minimum overthrow. 63 0 0 1 d. On drip irrigation, the system shall be flushed and the filter(s) cleaned once a month or more. Once a month the pressure at the worst hydraulic points shall be tested for correct pressure and corrected. Once a week all emitters shall be checked for proper flow (clean or replace where required). 10. Damage to planting areas shall be repaired immediately. This work includes, but not limited to the following: a. Depressions caused by vehicles, equipment, foot traffic and subsidence shall be filled with soil, leveled, lightly compacted and replanted. b. Eroded or washed -out sections of slopes shall be rebuilt, recompacted and replanted. Deposits of silt on walks, planting areas and lawn areas shall be cleaned up and the area replanted as necessary to restore the area to their intended condition. c. All adjacent paved areas shall be kept neat and clean with all debris removed from planting and paved areas. 20.9.04 Completion of Period. At the completion of the maintenance and establishment period, the Contractor shall present to the Engineer a written notice that he /she has completed the required maintenance program, and complied with all applicable conditions of this section. With this written notice, the Contractor shall ask the Engineer to do the final inspection. The Engineer shall inspect the work as it relates to the plans, special provisions and these Standard Specifications and approve or deny an acceptance by the City of the work under this contract. 20 -10 GUARANTEE 20- 10.01. All turf, ground covers, shrubs and trees less than fifteen ' (15) gallons size shall be guaranteed by the Contractor to live and grow in an acceptable condition for a period of ninety (90) days after completion of the specified maintenance and establishment period and /or final acceptance of the project by the City. 20- 10.02. All trees and shrubs fifteen (15) gallons or larger shall be guaranteed by the Contractor to live and grow in an acceptable condition for a period of one (1) year after completion of the specified maintenance and establishment period and /or final acceptance of the project by the City. 20- 10.03. The irrigation system shall be guaranteed by,the Contractor of all materials and workmanship for a period of one (1) year from final acceptance by the City per the following.requirements: 64 1 1. Upon completio*h-of work, the Contractor shall submit to the City a written guarantee on company letterhead. The guarantee shall state that the Contractor has reviewed the operation of the system with City maintenance personnel and that the system will provide service as designed and installed for a period of one (1) ff year from date of acceptance by the City. 2. The Contractor guarantees to correct all problems which develop in the system due to faulty materials or workmanship during the guarantee period. 3. The Contractor shall repair or replace such work with three (3) working days as directed by the City when notified. 4. Should Contractor fail to make repairs promptly, the City reserves the right to make temporary repairs during the guarantee period as necessary to keep systems in operating condition without voiding the Contractor's guarantee, nor relieving the Contractor of his /her responsibilities. 5. Manufacturer's warranties shall not relieve the Contractor of any liability under the specified guarantee. Such warranties are intended only to supplement the Contractor's guarantee. Damage resulting from the system is also guaranteed by the Contractor to the satisfaction of the City. 20- 10.04. All replaced plant materials and repaired irrigation components shall be guaranteed for the full period as stated above beginning at the time of completion of repair /replacement. 20 -11 MEASUREMENT AND PAYMENT The contract lump sum or unit prices shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in "Landscaping and Irrigation,." complete in place, as specified and required in these Standard Specifications and the special provisions, as shown on the plans, and as directed by the Engineer. G SECTION 22 FINISHING ROADWAY Finishing roadway shall be as specified in Section 22 of the State Standard Specifications. f] 65 0 0 1 SECTION 24 LIME TREATMENT Lime treatment shall be as specified in Section 24 of the State Standard Specifications. SECTION 25 AGGREGATE SUB -BASES Aggregate sub -bases shall be as specified in Section 25 of the State Standard Specifications. SECTION 26 'AGGREGATE BASES Aggregate bases shall be as specified in Section 26 of the State Standard Specifications, except as herein modified: 1, 26- 1.02A- Class 2-.Aggregate Base. Class 2 aggregate base shall be as specified in Section 26 -1.02B of the State Standard Specifications, 3/4 -inch maximum. 26 -1.02B Class 3 Aggregate Base. Class 3 aggregate base As amended to read as follows: Class 3 aggregate base shall be free from vegetable matter and other deleterious substances, and shall be such nature that can be compacted' readily under watering and rolling to form a firm, stable base. Aggregate shall conform to the grading and quality requirements shown in the following tables: Sieve Sizes Grading Analysis Passing 21' 100 No. 2.00 0 - 9 Sand Equivalent 25 Min. Resistance (R- Value) 55 Min. 26 -1.02C Class 4 Aggregate Base. Class 4 aggregate base shall be free from vegetable matter and other deleterious substances and shall be of such nature that it can be compacted readily under watering and rolling to form a firm stable base. ,1 Aggregate shall conform to the grading and quality requirements shown in the following tables: t 66 \I t t ,1 1 Sieve Sizes Passing 2^ 100 1 -1/2" 90 - 100 3/4" 50 - 85 No. 4 25 60 No. 30 10 - 25 No. 200 2 - .9 The Class 4 aggregate base shall conform to the following quality requirements: Test Method Tests No. Calif. Requirements Loss in Los Angeles Rattler 211 52% Max. (500 Rev.) Resistance (R- Value) 301 75 Min. Sand Equivalent 217 30 Min. Plasticity Index 202 6 Max. All rock larger than 2" shall be removed at the source of the material by any method that the Contractor or supplier wishes to use. SECTION 27 CEMENT TREATED BASES Cement Treated Bases shall be as specified in Section 27 of the State Standard Specifications. SECTION 28 LEAN CONCRETE BASE Lean Concrete Base shall be as specified in Section 28 of the State Standard Specifications. SECTION 29 TREATED PERMEABLE BASES Treated permeable bases shall be as specified in Section 29 of the State Standard Specifications. 67 0 0 1 SECTION 37 BITUMINOUS SEALS Bituminous seals shall be as specified in Section 37 of the State Standard Specifications, except as herein modified. 37 -2.02 Materials. In lieu of the table of "Seal Coat Types" and "Size of Screenings," the site of screenings shall be 1 /4 "xNo. 10 for fine seal coat type. Bituminous binder for screening shall be cationic high viscosity -type emulsion applied at the approximate rate of 0.22 gallons per square yard. The exact rate will be determined by the Engineer. "Fog" seal shall be applied at the approximate rate of 0.05 gallons per square yard. The exact rate will be determined by the Engineer. SECTION 39 ASPHALT CONCRETE Asphalt concrete shall be as specified in Section 39 of the State Standard Specifications, except as herein modified. Bituminous binder for 'mixing with the mineral aggregate shall be paving asphalt AR 4000. Unless otherwise specified in the special provisions, asphalt concrete shall be type "B" and the mineral aggregate shall conform to the requirements for three - quarter inch (3/411) maximum aggregate, medium grading, as specified in Section 39 of the State Standard Specifications. SECTION 40 PORTLAND CEMENT CONCRETE PAVEMENT Portland cement concrete pavement shall be as specified in Section 40 of the State Standard Specifications. SECTION 41 PAVEMENT SUBSEALING Pavement subsealing shall be as specified in Section 41 of the State Standard Specifications. 68 i C O BECTION_42 GROOVE AND GRIND PAVEMENT Groove and grind pavement shall be as specified in Section 42 of the State Standard Specifications. SECTION 49 PILING Piling shall be as specified in Section 49 of the State Standard Specifications. SECTION 50 PRESTRESSING CONCRETE Prestressed concrete members shall be as specified in Section 50 of the State Standard Specifications. SECTION 51 CONCRETE STRUCTURES Concrete structures shall be as specified in Section 51 of the State Standard Specifications, except as herein modified: Minor Structures. In lieu of the provisions of Section 51 -1.02, 51- 1.05, 51 -1.22, and 51 -1.23 of the State Standard Specifications, such pipe headwalls, drop inlets, catch basins and such other miscellaneous concrete structures that are identified on the plans or in the special provisions as minor structures, and are listed in the proposal as separate items, will be paid for at the contract price for each structure so listed, which price shall include full compensation for all excavation, backfill, reinforcing steel, stops, metal frames, covers, grates, unused pipe stubs, and pipe connections into the structures as provided for in the special provisions or as shown on the plans. Minor structures, at the option of the Contractor, may be furnished and installed as precast units provided the structures in place are equal in all respects to cast -in -place construction as specified herein. SECTION 52 REINFORCEMENT Reinforcement shall be as specified in Section 52 of the State Standard Specifications. 69 0 0 l SECTION 53 AIR -BLOWN MORTAR Air -blown mortar shall be as specified in Section 53 of the State Standard Specifications. SECTION 54 WATERPROOFING Waterproofing shall be as specified in Section 54 of the State Standard Specifications. SECTION 55 STEEL STRUCTURES Steel structures shall be as specified in Section 55 of the State Standard Specifications. SECTION 56 SIGNS Sign structures shall be as specified in Section 56 of the State Standard Specifications. SECTION 57 TIMBER STRUCTURES Timber structures shall be as specified in Section 57 of the State Standard Specifications. SECTION 58 PRESERVATIVE TREATMENT OF LUMBER, TIMBER AND PILING Preservative treatment of lumber, timber, and piling shall be as specified in Section 58 of the State Standard Specifications. 70 r' i it 1 0 0 SECTION 59 PAINTING Painting shall be as specified in Section 59 of the State Standard Specifications. SECTION 61 CULVERT AND DRAINAGE PIPE JOINTS Section 61 "Culvert and Drainage Pipe Joints," is excluded in its entirety from this Standard.Specification. SECTION 62 ALTERNATIVE CULVERTS Section 62 "Alternative Culverts," is excluded in its entirety from this Standard Specification. SECTION 63 CAST -IN -PLACE CONCRETE PIPE ' Section 63 "Cast -in -Place Concrete Pipe," is excluded in its entirety from this Standard Specification.. SECTION 64 PLASTIC PIPE Section 64 "Plastic Pipe," is excluded in its entirety from this Standard Specification. SECTION 65 REINFORCED CONCRETE PIPE Reinforced concrete pipe shall be as specified in Section 65 of the State Standard Specifications, except as herein modified: 65 -1.09 and 65 -1.10 Measurement and Payment. Shall be as specified in Section 65 -1.09 and 65 -1.10 of the State Standard Specifications and Section 78 -1.17 and 78 -1.18 of these Standard Specifications. 71 0 1 0 SECTION 66 FATED METAL PIPE Section 66 "Corrugated Metal Pipe," is excluded in its entirety from this Standard Specification. SECTION 67 STRUCTURAL METAL PLATE PIPE Section.67 "Structural Metal Plate Pipe," is excluded in its entirety from this Standard Specification. SECTION 68 SUBSURFACE DRAINS Section 68 "Subsurface Drains," is excluded in its entirety from this Standard Specification. SECTION 69 OVERSIDE DRAINS Section 69 "Overside Drains,!' is excluded in its entirety from this Standard Specification. SECTION 70 MISCELLANEOUS FACILITIES Section 70 "Miscellaneous Facilities," is excluded in its entirety from this Standard Specification. SECTION 72 SLOPE PROTECTION Slope protection shall be as specified in Section 72 of the State Standard Specifications. SECTION 73 CONCRETE CURBS AND SIDEWALKS Concrete curbs and sidewalks shall be as specified herein in lieu of the State Standard Specifications. 72 �l 73 -.1.01 Description. This work shall consist of constructing curbs, gutters, sidewalks, gutter depressions, driveways, wheelchair ramps, and island paving of the form and dimensions shown on the plans, on the City of San Luis Obispo Engineering Standards, or as specified in these Standard Specifications and the special provisions. Such work shall be constructed of Class "B" minor concrete conforming to the provisions in Section 90 -10, "Minor Concrete" of the State Standard Specifications, except as herein modified: 1. The cement content of the minor concrete shall be not less than 470 pounds per cubic yard. 2. Concrete shall have a maximum slump of four inches (411), and a minimum slump of two inches (211). Reinforcement shall conform to the applicable provisions of Section 52, "Reinforcement ". 73 -1.02 Subarade Preparation: 1. The subgrade shall be constructed true to grade and cross section. The subgrade shall be of optimum moisture and compacted to a relative compaction of ninety percent (90 %) maximum density. Mechanical compacting equipment shall be used except when waived by the Engineer. 2. All soft or spongy material shall be removed to a depth of not less than six inches (611) below the base subgrade for curb and gutter, and four inches (4") below the base subgrade for sidewalk. Any excavation made below the base subgrade shall be filled with imported base material approved by the Engineer. Such material shall be placed at optimum moisture and compacted as required above. 3. At time of concrete placement, subgrade shall be at optimum moisture. 73 -1.02A Class 3 Aggregate Base Material: 1. Aggregate base material shall conform to the requirements as specified in Section 26- 1.02C, "Class 3 Aggregate Base." I73 -1.03 Forms: 1. The depth of the curb face form shall be equal to the full face height of the curb. 2. Forms shall be straight and true within 1/2" in 101. Warped forms and forms not having a smooth straight edge shall not be used. 73 I 2. Concrete being placed shall have a 2 to 4 inch slump. The Engineer shall have the authority to reject concrete not meeting this requirement. Concrete that has been batched over 60 minutes will be rejected. 3. Concrete shall be placed and compacted in the forms without segregation and shall be spaced alongside of the forms to remove rock pockets before being struck off and tamped with an expanded metal mesh tamper until sufficient mortar has been brought to the surface to finish and score the concrete 1/2" deep. 74 1 O O f 3. Wood forms shall be at least 1 -1/2" thick after being surfaced, except where it is necessary to use 1/2" or thinner material for curves, curb returns or grade changes. When 1/2" or thinner material is used, it must be rigidly cleated and braced. Forms are to be held in place with iron stakes spaced not greater than three feet (31) on center, and closer when specified by the Engineer. 4. All form material shall be cleaned and treated with non - staining oil before each use. 5. Curb forms shall be held in place with iron stakes or clamps so constructed as to be clear of the finishing operations. 73 -1.04 Expansion Joints and Dowels: 1. Expansion joint filler shall consist of pre- molded bituminous composition 1/4" thick, or other material approved by the Engineer. Expansion joint material shall be cut to true cross - section, set 1/8" below finish grade, and held rigidly in place with a backing board and stakes. Such backing boards and stakes are to remain in place until the concrete has been placed. When backing board is removed, it shall be done so as to allow the concrete to flow against the expansion material to prevent warping. Edges along the expansion joints shall be finished with a 1/8" radius. Expansion joints shall be located at intervals of 100 feet in the curb, gutter and sidewalk, on both sides of driveway ramps and at both ends of curb returns. Weakened plane joints 1 -1/2" in depth shall be constructed at intervals of 20 feet in the curb, gutter and sidewalk. 2. Steel, 1/2" minimum diameter dowels, 18" long with a 9" long sleeve or greased on one end, shall be placed securely in the expansion joints at 24" on center on a horizontal plane with the sidewalk. The same type of dowel shall be placed in curb and gutter expansion joints, one in curb and one in gutter. 73 -1.05 Placing and Finishing Concrete: 1. Prior to placing concrete, the base material and forms shall be thoroughly wet down. 2. Concrete being placed shall have a 2 to 4 inch slump. The Engineer shall have the authority to reject concrete not meeting this requirement. Concrete that has been batched over 60 minutes will be rejected. 3. Concrete shall be placed and compacted in the forms without segregation and shall be spaced alongside of the forms to remove rock pockets before being struck off and tamped with an expanded metal mesh tamper until sufficient mortar has been brought to the surface to finish and score the concrete 1/2" deep. 74 1 4. Finishing: The surface of the sidewalk shall be finished to grade and cross "sectioned with a wood float not less than 3 -1/2 feet long and shall be troweled at least once with a steel (Fresno) float not less than 2 -1/2 feet long. Additional troweling may be done with a smaller trowel as necessary, but at least once after the initial troweling. The sidewalk shall be scored at least 1/4" deep in uniform rectangles as near to 5 feet as practical. Such scoring shall conform to adjacent work. Four foot wide sidewalk shall be scored.at 4 foot intervals. Scoring in unusual circumstances shall be at the direction of the Engineer. 5. sidewalks and driveway ramps shall. be finished with a brushed surface by the use of properly cleaned hair broom drawn lightly and transversely across the sidewalk and driveway ramp. All edges shall be finished with an edger. 6. The surf Ace of the curb top shall be finished true to grade by means of a.straightedge float not less than three feet (31) in length, operated longitudinally over the surface of the concrete before removal of the forms. Form clamps shall be so constructed as not to interfere with the operations of this float. Additional floating operations may be done with smaller floats as necessary but at least once after the initial floating. 7. The form on the front of curbs shall not be removed in less than one hour nor more than six hours after the concrete has been placed. In no event shall forms be removed while the concrete is sufficiently plastic to slump. Immediately after removing the front curb form, the curb face shall be floated to bring to the surface sufficient mortar to steel trowel finish, or, with prior approval of the engineer, a coat of mortar not exceeding 1/4" thick, consisting of equal parts sand and cement; may be worked into the curb before it has set up. After the top and face of the curb have been troweled smooth; it shall be given a final brush finish. The gutter shall be floated with a wood float at least twice and a slick line four inches (411) wide shall be steel troweled at the flow line of the gutter. 8. The top and face of the finished curb shall be true and straight, and the top surface of the curb, gutter and sidewalk shall be of uniform width, free from humps, sags or other irregularities. When a straightedge 10 feet long is laid on the top or face of the curb or on the surface of the sidewalks and gutters, the surface shall not vary more than 1/811 ' from the edge of the straightedge, except at grade changes or curves'. Work not meeting this specification may be rejected and if rejected must . be replaced by the Contractor at no cost to the City: 73 -1.06 Curing: I1, Immediately after completing the `finishing operations, the concrete shall be cured as provided in Section 90 -7 "Curing 75 2. All concrete or mortar smeared or spilled on adjacent concrete shall be completely removed and cleaned off. Concrete" of the State Standard Specifications. Concrete shall be cured with non- pigmented curing compound conforming to the requirements of ASTM Designation: C309, Type 1, Class B. 73 -1.07 Backfill and Cleanup: 1. The Contractor shall remove all surplus material and rubbish from the site. The area between the sidewalk and curb shall be t completed to official grade with approved material. All forms shall be stripped prior to backfill, and excavation for forms shall be filled to grade. The area remaining between the sidewalk and property line shall be leveled or properly sloped, whichever applies to the particular location unless a retaining wall is constructed. 2. All concrete or mortar smeared or spilled on adjacent concrete shall be completely removed and cleaned off. 73- 1.08 Mission Plaza Style Sidewalk. The sidewalk shall be constructed of colored concrete with quarry tile inlay as indicated on the plans. The exposed concrete sidewalk surface shall be given a salt- finish. 73 -1.08A Concrete. Cement shall be Type. II A.S.T.M., C -150 low'' alkali conforming to the latest standard. Color to be mixed with the concrete shall be DAVIS "Adobe" #5964 added to the concrete in the amount of five (5) pounds per sack of cement. Concrete shall have 5.5 sacks of cement per cubic yard. Concrete shall be screeded and tamped and floated to the required surface grade prior to placing the salt on the surface.. The salt shall be of the gradation and shall be applied in the amount and coverage as directed by the Engineer. After the salt has been placed and rolled or troweled into the surface, the surface shall be sprayed with curing compound as specified in Section 73- 1.06. All channels formed for installation of tile shall be protected from the application of the sealing compound. 73 -1.08B Tile. The tile. shall be 11 -5/8" x.11 -5/8" x 9/16" Kraftile, Old Mission Hard Fired, Niles Red. Tile shall be set in full mortar bed and the joints shall be made and pointed up at the time the tile is set to bond the joint to the mortar bed. 73 -1.08C Mortar. The mortar shall be made up of one (1) part waterproof cement, four (4) parts sand, and no more than one (1) part hydrated lime. The mortar shall be colored to match that in the concrete. Grouted joints shall be under damp cloth fabric immediately after completion and left overnight. 76 Clean with HILLYARD'S 777, or approved equal. Seal with HILLYARD'S "Onyxseal," or approved equal. 73 -1.09 Measurement. Quantities of curbs, gutters, sidewalks, gutter depressions, driveways, wheel chair ramps and island paving will be measured by the linear foot or square foot as indicated in the proposal, and will be determined from the dimensions shown on the plans, or other such dimensions as may be ordered in writing by the Engineer. Concrete placed in excess of these dimensions will not be paid for., P.C. concrete curb and gutter shall be measured by the linear foot except when it is part of an integral curb, gutter- and sidewalk, at which time it shall be included and measured by the lineal foot of integral curb, gutter and sidewalk. Driveway ramps shall be measured by the square foot area between the top of the curb transition at each side of the ramp, and between the outer lip of the gutter and the back of the driveway. Measurement of sidewalk which is not integral with the curb and gutter shall be by the square foot area. 73- .1.10 Payment. Quantities of curbs, gutters, sidewalks, gutter depressions, driveways, wheelchair ramps and island paving will be paid for at the contract price per .linear foot or square foot as indicated in the proposal, which prices shall include full compensation for all excavation, backfill, base material, reinforcing steel, reinforcing mesh, dowels, expansion joint material, furnishing and applying water, and no separate payment will be made therefor, unless specified otherwise in the special provisions or shown on the plans. The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing curbs, gutters, sidewalks, gutter depressions, driveways, wheelchair ramps and island paving, complete and in place, as shown on the plans, and as specified in these Standard Specifications and special provisions, and as directed by the Engineer. i SECTION 74 PUMPING PLANT EQUIPMENT Section 74 "Pumping Plant Equipment,"' is excluded in its entirety from this Standard Specification. 77 I o i SECTION 75 MISCELLANEOUS METAL Miscellaneous metal shall be as specified in Section 75 of the State Standard Specifications. type, flanged type, or flexible coupling type, as indicated on the SECTION 76 WATERLINES 76 -1.01 Description. This work shall consist of the installation and construction of water pipelines and appurtenances as shown on the plans, in accordance with these Standard Specifications, the special provisions and as directed by the Engineer. The type of water pipe and appurtenance will be designated in the contract item. 76 -1.02 Materials. The materials for water pipelines are described in this Section 76 -1.02. 76 -1.02A Cast Iron Pipe (Ductile): Ductile cast iron pipe shall be centrifugally cast, ductile iron pipe, with ends jointed by a method approved by the Engineer which employs a single elongated rubber gasket to effect the joint such as "Tyton fig Joint" or an approved equal. The pipe shall be Class 50 coated outside and lined inside with seal- coated cement lining of 1/16" minimum thickness, all conforming to applicable ASA and AWWA Specifications. Ductile iron pipe shall be encased in polyethylene material per Section 76- 1.02R. Full compensation for encasing the ductile iron pipe shall be included in the unit price paid per linear foot and no additional compensation will be allowed therefor. 76 -1.02B Joints: Joints shall be mechanical type, compressed gasket type, flanged type, or flexible coupling type, as indicated on the plans and /or as specified in the special provisions. Compressed gasket joints shall be of a type that employs a single elongated rubber gasket to effect the joint seal, such as "Tyton Joint" or an approved equal. Gaskets, glands, and bolts for mechanical joint pipe and fittings shall conform to the applicable requirements of USA Standards A21.11 (AWWA C111) , USA Standard A21.12 (AWWA C112), WW- P -421c and WW- P -360b. Flexible couplings shall be Dresser, Smith -Blair Type, Victaulic, or approved equals. The couplings shall be straight or transition as indicated on the plans or as specified in the special provisions. Flange gaskets shall be best quality cloth inserted tubber or asbestos composition. Gaskets shall be full width of the flanges to which they 78 I O are applied. Flange bolts shall be of. the size and number determined by the size and classification of pipe. ,t 76 -1.02C Fittings: Fittings shall be as shown on the plans and /or as specified in the special provisions. Cast Iron Pipe push -on joint fittings shall have body thickness and radius of curvature conforming to USA Standard A21- 10 -64, and joints in accordance with Section 11 -2.3 of the USA Standard A21 -11, Class 250 short body gray iron in sizes 2" -12 ". Push-on fittings in sizes 14 " -16" shall be Class 250 Ductile Iron and shall. meet the requirements of USA Standards A21.10 with joints in conformance with Section 11 -2.3 of USA Standard A21.11. Mechanical joint fittings shall be Class 250 short body gray iron or ductile iron conforming to USA Standard A21.10 and USA Standard A21.11: Flanged fittings shall be in accordance with USA Standard A21.10. iAll fittings shall be cement lined by the centrifugal process in accordance with. USA Standard A21.4, as amended to date. Cement lining shall be standard.thickness. Special fittings and couplings shall be as shown on the plans and /or as specified in the special provisions, or approved equals. All fittings used shall be designed and rated for a water working pressure per not less than one hundred fifty (150) pounds square inch. All couplings shall be field coated., in place, with a heavy coat of an approved bitumastie material such as "KOP.PERS" Bitumastic 300 -M. 76- -1.02D PVC Class Water Pipe: The pipe shall be unplasticized Poly Vinyl Chloride (PVC) plastic class water pipe with integral bell and spigot joints or plain -end designed for joint assembly using elastomeric- gasket standard PVC couplings: The pipe shall meet the requirements of AWWA C900 !'Poly Vinyl Chloride" (PVC) Pipe, and shall be furnished in cast iron (CI) pipe equivalent outside diameters (OD); All class 150 pipe shall meet the requirements of DR 18, and all Class 200 pipe shall_ meet the requirements of DR 14. All pipe shall be suitable for use as pressure conduit. Provision must be made for expansion and contraction at each joint with an elastomeric ring. The bell shall consist of an integral wall section with a solid cross section elastomeric ring which meets the �.. requirements of ASTM D -1869 and E =477. The bell section shall be designed to be at least as strong as the pipe wall. Sizes and 1 dimensions shall be as shown in this specification. Standard laying lengths shall be 20.:feet (_20') ( ±111) for all sizes. Random lengths shall not be less than 10 feet in length. At least 85 79 I percent of the pipe furnished shall be standard laying length. Each standard length and random length of pipe: shall be tested to four (4) times the class pressure of the,pipe for a minimum of 5 seconds. The integral bell shall be tested with the pipe. 76 -1.025 Gate Valves shall be mechanical joint, resilient seated with fully encapsulated gate, epoxy coated inside and outside, and have full -size waterway. Valves shall open to the left, have non - rising stems with 110" -ring seals and be furnished complete with cast iron glands, high strength cast iron tee -head bolts and hex nuts, and plain rubber gaskets conforming to ASA specification A21.11: Valves shall be 200 psi working pressure rated, tested to 400 psi, and meet the requirements of AWWA C -509. Acceptable valves are AVK, Clow F -6100, or an approved equal. 76 -1.02F Tappina - Valves shall be mechanical joint type Mueller Catalog No. H -667, Catalog W -103, or approved equal. Tapping sleeves shall be furnished with all gaskets necessary to fit the sleeve to the pipe. The sleeves shall be Mueller H -615 M.J. Type, Romac SST stainless steel, or approved equal. 76 -1.02G Hand - wheels shall be furnished if so indicated on the plans or specified in the special provisions. 76 -1.02H Check Valves, unless otherwise indicated on the plans or otherwise specified in the special provisions, shall be iron body, bronze mounted, swing check valves with outside spring and lever. The bronze valve seat ring shall be backfaced and screwed into an _ accurately machined body. The cast iron gate shall be mounted with a bronze gate ring. After fitting, the.gate rings shall be carefully machined to provide a water -tight surface. The gate shall be hung with stainless steel hinge pins with heavy solid bronze hinges. Check valves shall be designed for a minimum working pressure of 150 pounds, and shall be Renssalaer, Mueller, or approved equal.. 76 -1.02I - ___Butterfly _Valves shall be of the rubber - seated tight - closing type. They shall meet or exceed performance requirements for water application of applicable recognized standards such as AWWA Specification C504. Unless indicated otherwise on the plans or otherwise specified in special provisions, both valve ends shall be mechanical joint per AWWA Specification C111. Accessories (bolts, glands, and gaskets) shall be supplied by the valve manufacturer. All valves must use full AWWA C504 Class 1506 valve -shaft diameter, and full Class 150B underground- service- operator torque rating throughout entire travel. Valve body shall be high strength Cast Iron ASTM'A126 Class B with 18 -8 Type. 304 stainless steel body seat. Valve shall be high strength cast iron ASTM A48 Class 40, having rubber seat mechanical secured 80 with an integral 18 -8 stainless steel clamp ring and 18 -8 stainless steel nylon locked screws. Rubber seat shall be full circle 3600 seat not penetrated by the valve shaft. Valve shaft shall be one piece, extending full size through the entire valve operator with no neckdown, keyways or holes to weaken. Valve operator shall be of the traveling -nut type, sealed, gasketed, and lubricated for underground service. All valves shall be open left, and.be equipped with 2" AWWA operating nut.. All butterfly valves shall be Dresser 11450 ", Mueller Line Seal III, or approved equal. Buried service valve shall be equipped with extension stem with AWWA Standard operating nut for tee wrench operation. Valve with. operator and extension stems shall be totally enclosed, watertight, grease packed, 30 -turn minimum, and shall be Henry Pratt Co. "Groundhog" assembly or an approved equal. All buried work shall be protective coated and shall be suitable for buried service. 76 -1.02J Air Release Valves: Air release valves shall be APCO (Valve and Primer Company) with a cut -off (Jones Ball valve) or approved equal. The size of release valve and cut -off shall be as indicated. on the plan, in the details or as specified.in the special provisions. 76 -1.02K Valves: Valves shall be installed in accordance with the manufacturer's recommendation and the applicable provisions heretofore specified methods of installation of pipe and methods of joining. 76 -1.02L Valve Wells: Water valve wells shall be adjusted to the final finish street grades after the paving has been completed, and a P.C. Concrete collar shall be constructed around each water valve well in accordance with the Engineering Standards. Valve wells located outside a paved area shall also be raised so that it is not more than 3" above the surrounding finish grade, and the P.C. concrete collar constructed and installed sloping downward and away from the valve well. 76 -1.02M Copper Tubing: Unless otherwise indicated on the plans or specified otherwise in the special provisions, all copper tubing shall be Type K, soft temper as established by the U.S. Bureau of Standards. 76 -1.02N Polyethylene Tubing: Polyethylene tubing shall be 200 psi, SDR -9 conforming to ASTM D -2737 and AWWA C901 standards. Tubing shall be copper tube size and shall be manufactured for use with standard flare fittings. Tubing shall be clearly marked showing manufacturer's I 81 O 0 trade name, nominal size, type of material, pressure rating, and the seal of approval of an accredited testing laboratory. 76 -1.020 Brass Service Fittings: Corporation cocks, meter stops and connections shall be as shown on the Engineering Standards and shall be "James Jones" or approved equal. 76 -1.02P valve Bog: Valve boxes (wells) shall be Christy G =5 Traffic or approved equal with a cast iron cover inscribed "WATER ". 76 -1.020 Chlorine: Hypochlorites shall conform to the American Water Works Association Specification B300 -55 AWWA "Standard for HypoChlorites". Liquid Chlorine shall conform to the American Water Works Association Specification B301 -57T, "Tentative AWWA Standard for Liquid Chlorine ": 76 -1.02R Polyethylene Encasement Material: The encasement material shall be tube type, conforming to the latest ANSI /AWWA C105 -72 Standard. The film may be Class "A" or Class "C ", except that if the material is to be exposed to the air and sunlight for more than a week, Class "C" material shall be used. Exposure to air and sunlight shall be kept to a minimum for either type "A" or type "C" encasement material. 76 -1.03 Trench Excavation__ and_ Backfill: Trench excavation and backfill shall conform to the provisions of Sections 19 -8, "Trench Excavation," and 19 -9, "Trench Backfill and Compaction. ". i r 1 1 I 76 -1.04 Pipe Layina: All pipe, valves, and fittings must be carefully wiped out and cleaned as they are installed. Any earth or rubbish which may have lodged inside during or before laying shall be removed. Every opened end of installed pipe shall be kept closed at all times when the work ceases for any reason, the unfinished end of the pipe shall be securely closed with a plug or cover. All pipe shall be installed true to line and grade as shown on the plans. Before any length of pipe is installed it shall be carefully inspected for defects. No pipe or other material which is cracked or shows other defects shall be installed. Pipe shall be given .a solid uniform bearing in the bottom of the trench. Blocking or supporting the pipe, on earth mounds in the trench will not be permitted. If necessary to cut pipe, said cut shall be made with an approved pipe cutting tool. Ductile iron pipe shall be cut by an approved type of power- driven abrasive disc or saw. Cutting torches shall not be used to cut ductile iron pipe. Cut ends shall be beveled and sharp edges removed in order that the cut end of the pipe will not tear the rubber gasket when the pipe is pushed together. Length of pipe shall not be used as "rams" to drive the spigot of one pipe into the bell of another pipe length., 82 r The use of hammer 'arid chisel for pipe cutting will not be permitted. 76 -1 OS P.V.C. Class Water Pipe Installation: P.V.C. Class Water Pipe shall be installed in accordance with the Uni -Bell Plastic Pipe Association guide for installation of polyvinyl chloride plastic pressure pipe for municipal water main distribution systems. A tracing material shall be placed in trenches over non - metallic pipe in accordance with requirements of the Engineering Standards. The tracing. material shall be "Terra Tape (Blue Water)" as manufactured by Griffolyn Company, Inc.., Houston, Texas or an approved 1 equal. 76 -1.06 Waterline Tie -In. Contractor shall pothole and verify waterline depth, diameter, and fittings needed to make tie -ins. This shall be done a minimum of 24 hours in advance of making the tie -in i' to assure all appropriate fittings are available for the tie -in. Sawcutting slurry shall be vacuumed up in conjunction with the cutting. All pavement markings damaged or removed during the work shall be replaced in kind. 76 -1.07 Compressed_ Gasket Joints. The gasket seat in the socket and the gasket shall be wiped clean with a cloth or brush. The gasket is flexed so that it can be readily inserted in the gasket seat. The gasket shall be placed in the socket with the large end entering first. It shall then be sprung into the gasket seat so that the groove fits over the bead in the seat. A thin film of lubricant shall then be applied to the inside surface of the gasket that will come in contact with the entering pipe. The Contractor can use a 1/2 tsp. Pittchlor powder behind each gasket before jointing. The plain beveled end of the pipe to be entered shall be wiped clean and placed in proper alignment with the bell of the pipe to which it is to be joined. Apply a film of lubricant to the outside of the plain end for about two inches from the end. No foreign materials on lubricant will be allowed. The plain end of the pipe shall then be fitted and started into the socket so that it is in contact with the gasket. The joint shall then be made by exerting sufficient force on the entering pipe (by methods approved by the Engineer) so that its plain end is moved past the gasket (which is thereby compressed) until it makes contact with the base of the socket and has been shoved "home." Stabbing will not be permitted. When it is necessary to cut pipe in the field, the newly cut end shall be conditioned by tapering the end back about 1/8 inch at an angle of about 30 degrees with the center line of the pipe. This shall be done with a coarse file or a portable grinder. This operation shall remove any sharp or rough edges that might.otherwise injure the gasket. 1 83 I n � � 76 -1.10 Flanged Joints: The nuts shall be tightened with a suitable wrench. A torque limiting wrench is preferred. Nuts spaced one hundred eighty degrees (1800) apart shall be tightened alternately in order to produce an equal pressure on all parts of the gasket and flanges. 76 -1.11 Solid sleeves: Shall be cast iron with mechanical joints 76 -.1.08 Mechanical. Joints: The outside surface of the last eight ends. All solid sleeves shall be a minimum of twelve inches (1211) in inches (811) of the spigot end of the pipe and the bell of the length.- mechanical joints, shall be thoroughly cleaned of all oil, grit., and other foreign material by brushing with a wire brush and then painted with a soap solution made by dissolving one -half (1/2.) cup of granular specified methods of soap in one (1) gallon of water. The cast iron gland shall be placed installation of pipe and methods of joining. on the pipe with the lip extension of the gland toward the socket or bell end of the joint, and the rubber gasket shall be painted with the installed in accordance soap solution and placed on the pipe with the thick edge toward the with the plans, Engineering Standards, these gland. , pipe shall be pushed into the bell to seat the spigot and the gaset pressed into place within the bell, being careful to have the gasket evenly located around the entire joint. The cast iron Hydrants shall be set plumb and the hydrant connection gland shall be placed against the gasket, the bolts inserted and the nuts tightened with a suitable wrench. A torque limiting wrench is the details. Observe preferred. The range of torque for three - quarter inch (3/411) bolts required distance from face of curb to the shall be sixty (60) to ninety (90) foot pounds. Nuts spaced one hundred eighty degrees (1800) apart shall be tightened alternately in order to produce an equal pressure on all parts of the gasket. 76- 1.09 Flexible Counlincts: Dresser Type, Smith - Blair, Victaulic, or approved equals shall be installed in accordance with the manufacturer's recommendations. 76 -1.10 Flanged Joints: The nuts shall be tightened with a suitable wrench. A torque limiting wrench is preferred. Nuts spaced one hundred eighty degrees (1800) apart shall be tightened alternately in order to produce an equal pressure on all parts of the gasket and flanges. 76 -1.11 Solid sleeves: Shall be cast iron with mechanical joints ends. All solid sleeves shall be a minimum of twelve inches (1211) in length.- 76 -1.12 Fittings: Fittings shall be installed in accordance with the applicable provisions of the heretofore specified methods of installation of pipe and methods of joining. 76 -1.13 Fire Hydrant: Fire hydrant shall be installed in accordance with the plans, Engineering Standards, these specifications, and the special provisions. Hydrants shall be set plumb and the hydrant connection to the street main shall be as shown on the plans and in the details. Observe required distance from face of curb to the centerline of the fire hydrant. 76 -1.14 Water Services: All water service pipelines used to convey water from the water main to a water meter shall be new tubing. The tubing shall be either copper or polyethylene. The completed service line and connections shall conform to the plans, Engineering Standards, and special provisions. 84 1 J i • c The 36" depth; shown on the water service detail, from the top of sidewalk or other finish grade to the top of the tubing, shall be maintained. All tools and equipment used for water service installation shall be approved by an authorized representative of the City Utilities Department. Install an approved locator wire in the backf ill over all non- metallic tubing that is not at right angles to curb face in accordance with the Engineering Standards. 76 -1.15 Compliance with Public Health Code. In accordance with City of San Luis Obispo, Department of Public Works, Engineering Standard #6120, the Contractor shall install one 20 -foot section of Class 200 PVC Waterline Pipe.at all locations where the waterline must pass under a sewer lateral. The pipe shall be centered on the lateral. Payment. Contractor shall be compensated for the difference in cost between one full section (joint) of Class 150 and Class 200 waterline pipe plus 15%. No additional compensation will be allowed therefor. 76 -1.16 Concrete. Concrete shall conform to the applicable provisions of Section 90, "Portland Cement Concrete." Such work shall 1 be constructed of Class "B" concrete. 76 -1.17 Reinforcement. Reinforcement shall conform to the applicable provisions of Section 52, "Reinforcement." 76 -1.18 Abandonment of Waterlines. All waterlines that are taken out of service shall be abandoned by disconnecting the pipeline from the active system, plugging all openings, and removing related surface features, such as: blow -offs, air release valves, valve wells, vaults, boxes, frames, covers, and collars. All openings shall be capped with approved fittings, such as caps, blind flanges, Dresser couplings with plugs, and valves. All water services from the abandoned main shall be pinched off, capped, or plugged with approved fittings or closed with the corp stops. If the water laterals are being abandoned and the main is to remain live, service laterals shall be shut off and capped at the corp stop. Valve well risers shall be removed, backfilled with sand, and compacted to 95 %. The tops of all structures to be abandoned shall be removed by sawcutting the surrounding pavement to a depth of four (40) inches using square cuts. The structure shall be removed to a depth of sixteen inches (1611) below street grade, and filled with.one- sack'slurry to the top of the remainder of the structure. Pavement replacement shall be per Trench Detail #2 (City Standard #6025).. 76 -1.19 Leakage Test. After the pipeline has been laid in any isolated section and after the trench has been backfilled, the pipeline shall be slowly filled with';water. 85 I 0 o g All air must be expelled from the pipeline during filling. If hydrants or blow -offs are not available for expelling air, taps shall be made at points of ;highest elevation before any tests are made.. Pressure tests shall not be made until at least 36 hours after the last concrete thrust or reaction block has been poured. After tests have been completed, plugs shall be inserted in the pipe taps. After filling, the pipeline shall be allowed to stand twelve (12) hours. After the required length of time has passed, the pipeline shall be subjected to a two hundred twenty -five (225) pounds per square inch test and held within ten (10) pounds per square inch of this pressure �. for at least two (2) hours. A test for leakage shall be made at one hundred fifty (150) pounds per square inch held for four (4) hours. No pipe installation shall be accepted until the leakage is less than the number of gallons as determined by the following table: ALLOWABLE LEAKAGE PER 100 JOINTS AT 150 PSI TEST PRESSURE IN U.S. GALLONS PER HOUR FOR VARIOUS PIPE DIAMETERS Diameter 4" 6" 8" 10" 12" 14" 16" 18" 20" 24" 0.67 1.00 1.33 1.67 2.00 2.33 2.67 3.00 3.33 4.00 1.33 2.00 2.67 3.33 4.00 4.67 5.33 6.00 6.67 8.00 The allowable leakage for a pipeline is calculated by multiplying the leakage per hour per 100 joints at the test pressure and for the diameter of the pipe tested as obtained from the above table, by the duration of the test in hours and the total number of joints in the line divided by 100. If the section under test contains joints of various diameters, the allowable leakage will be the sum of the computed leakage for-each size joint. Any cracked or defective pipes, fittings, valves, hydrants, or consumer water services discovered during these tests shall be removed and replaced with sound material and the tests repeated until satisfactory. 76 -1.20 Disinfection of Lines. All water lines and fittings, valves, fire hydrants, service lines, etc. shall be disinfected in accordance with the following requirements: The required concentration of chlorine in the pipes of fifty (50) parts per million. The Contractor shall keep the Engineer informed as to his proposed method and schedule for disinfection and shall have his proposed procedure approved by the Engineer before proceeding with same. Pipelines shall first be flushed by means of a 4 -inch blowoff or 4k- inch hydrant outlet for 6" and 8" mains, and 6 -inch blowoff for 10" or larger mains to xemove all mud, dirt, or other foreign matter. The chlorine solution shall then be introduced into the line through corporation stops at such. locations along the line that uniform 86 `A specified abovei to the nearest sanitary sewer until the residual chlorine is one part per million or less. The Contractor shall drain all mains into the nearest sanitary sewer at his own expense, unless an alternative is approved by the City. Temporary blowoff pipe configurations and diameters shall be in accordance with Engineering Standard #6540 and any alternative configurations or diameters shall be approved by the Engineer in writing prior to installation by the Contractor. The waterline shall stand a minimum of twenty -four (24) hours and then shall be checked for contamination at a laboratory designated by the Engineer. In case of rejection, the chlorination process shall be repeated until the contamination test is satisfactory. . 76 -1.21_ - Connection to Existing Water Mains: The Contractor shall make connection to existing mains where indicated on the plans. Service in existing mains can be interrupted only upon written authorization of the .Engineer and all new work shall be tested, chlorinated, flushed and accepted for use prior to connecting the new facility. The Contractor shall notify all affected users at least twenty -four (24) hours in advance of service interruption, or as directed by the Engineer. The Contractor shall also request the Engineer to notify City Water personnel at least forty - eight. (48) hours in advance in order that City Forces can schedule manipulation of existing valving to accommodate service interruption. The Contractor shall not allow any service interruption to exceed four (4) hours without approval of the Engineer. ,The City will make every effort to effectively shut down existing waterlines for tie -ins or newly constructed lines. However, in instances where total shutdowns are not possible, the Contractor will be required to work in wet conditions, and the City will not pay for delays or additional expenses caused_ by the City's inability to totally shut down existing lines. During construction, the Contractor shall not turn any valves in the City water system and must request that they be turned by City Water distribution of chlorine throughout the line is insured, including services, fire hydrants, and stubs. Treated water shall be retained to notify the in the pipe long enough This period shall be at least to destroy thirty all non -spore forming (30) hours and should bacteria. produce no less than fifty (50) ppm at the extreme end of the line at the end of the retention period. After treatment, the.line shall be flushed as specified abovei to the nearest sanitary sewer until the residual chlorine is one part per million or less. The Contractor shall drain all mains into the nearest sanitary sewer at his own expense, unless an alternative is approved by the City. Temporary blowoff pipe configurations and diameters shall be in accordance with Engineering Standard #6540 and any alternative configurations or diameters shall be approved by the Engineer in writing prior to installation by the Contractor. The waterline shall stand a minimum of twenty -four (24) hours and then shall be checked for contamination at a laboratory designated by the Engineer. In case of rejection, the chlorination process shall be repeated until the contamination test is satisfactory. . 76 -1.21_ - Connection to Existing Water Mains: The Contractor shall make connection to existing mains where indicated on the plans. Service in existing mains can be interrupted only upon written authorization of the .Engineer and all new work shall be tested, chlorinated, flushed and accepted for use prior to connecting the new facility. The Contractor shall notify all affected users at least twenty -four (24) hours in advance of service interruption, or as directed by the Engineer. The Contractor shall also request the Engineer to notify City Water personnel at least forty - eight. (48) hours in advance in order that City Forces can schedule manipulation of existing valving to accommodate service interruption. The Contractor shall not allow any service interruption to exceed four (4) hours without approval of the Engineer. ,The City will make every effort to effectively shut down existing waterlines for tie -ins or newly constructed lines. However, in instances where total shutdowns are not possible, the Contractor will be required to work in wet conditions, and the City will not pay for delays or additional expenses caused_ by the City's inability to totally shut down existing lines. During construction, the Contractor shall not turn any valves in the The connections detailed on the i3lans accepted method. Should the Contractor an alternate manner he may do so, provid his bid he submit detailed drawings 87 I represent an approved and elect to make connection in i_ng that prior to submitting to the Engineer for his City water system and must request that they be turned by City Water Personnel, and schedule his work accordingly. Under normal conditions, the Contractor shall request the Engineer to notify the City Water Personnel at least such request. forty -eight (48) hours in advance of The connections detailed on the i3lans accepted method. Should the Contractor an alternate manner he may do so, provid his bid he submit detailed drawings 87 I represent an approved and elect to make connection in i_ng that prior to submitting to the Engineer for his 0 o t consideration and approval in writing. The Engineer shall have the sole authority in approvinq or reiectinct the alternate schemes. 76 -1.22 Measurement: Waterline work performed under Section 76 will be designated in the contract item by size, type, quality or whatever information is necessary for identifying waterline work. The length of water pipe to be paid for will be the slope length designated by the Engineer. Pipe placed in excess of the length designated will not be paid for unless pipes are cut to fit a structure. When pipes are cut to fit a structure, the quantity to be paid for will be the length of pipe placed before cutting, measured in 2 -foot increments. , Measurement will be to the inner edge of other structures to which the ` water is connected. Pipe bends, tees, crosses, valves (except tapping valves and sleeves) and other branches will be measured and paid for by the linear foot for the sizes of pipes involved. .Bends will be measured along the centerline to the point of intersection. Quantities of fire hydrants, services and intersection tie -ins will be determined as units from actual count. New frames and covers shall be considered as included in the.price paid for the various contract items of waterline work. Trench resurfacing shall be. considered as included in the various contract items of waterline work, and no additional compensation will be paid therefor. Reinforcement will be considered as included in the price paid for the .various contract items of waterline work, and, no additional compensation will be allowed therefor. Excavation and backfill shall be considered as included in the price paid for the various contract items of waterline work, and no additional compensation will be allowed therefor. 76 -1.23 Payment: Items of work, measured as provided in Section 76- 1-22 "Measurement" will be paid for at the contract price per linear foot for the different sizes and types of water pipe; the contract unit price for fire hydrants, services, and intersection tie -ins; furnishing and placing concrete; all other items of work such as reinforcing steel, frames and covers and concrete collars, and equipment and materials used for testing, including the water used for cleaning, will be considered as included in the price paid for the various contract items of waterline work. Full compensation for all other concrete and miscellaneous iron and steel involved in constructing the waterline work shall be considered as included in the contract prices paid for the various items of work and no separate payment will be made therefor. Full compensation for all sawcutting, trenching, excavation, placing and compacting backfill, furnishing and placing water pipe, wyes, 88 I tees, crosses, valves, service tie -in,, fire hydrants, thrust blocks and.miscellaneous hardware, bar reinforcement, tunneling and jacking of pipe, capping open ends of pipe, utility support and protective work operations required to accommodate or safeguard public traffic, abandonment of existing facilities, testing the water line, furnishing and disposing of water used for testing and all other incidental work and material required to construct the water system shall be considered as included in the prices paid for the various contract items of waterline work and no additional compensation will be allowed therefor. The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing waterlines, complete and in place, as shown on the plans., and as specified in these specifications and the special provisions, and as directed by the Engineer. SECTION 77 SEWERS 77 -1.01 Description. This work shall consist of constructing sewers, manholes and appurtenances as shown on the plans and in accordance with these Standard Specifications, the special provisions, and as directed by the Engineer. The type of sewer pipe and manhole will be designated in the contract item. 77 -1.02 Materials. The materials for sewer pipelines are described in this section 77 -1.02. ® 77 -1.02A Polyvinyl .-Chloride Plastic Sewer_ Pive (4" to 15 ") Polyvinyl chloride (PVC) plastic sewer pipe and fittings shall conform to the requirements. of ASTM Standard Specifications D 3034 (as amended to date), except as modified herein. The pipe shall be furnished in 20, minimum lengths with integral wall belled ends and elastomeric joints. All pipe and fittings shall be free of imperfection and sha_11 be clearly marked with the name of the manufacturer. The pipe shall have a minimum SDR ratio of 35. 77 -1.02B Polyvinyl_ Chloride -.-Plastic Sewer Pipe (18'! to 27 "). Polyvinyl chloride (PVC) plastic sewer pipe and fittings shall conform to the requirements of ASTM Standard Specifications F 679 (as amended �. to date), except as modified herein. The pipe shall be furnished in 20' minimum lengths with integral wall belled ends and elasto_meric joints. All pipe and fittings shall be free of imperfection and shall be clearly marked with the name of the manufacturer-. The pipe shall have a minimum SDR ratio.of 35. ® 89 • O 1 77 -1.02C Polyvinyl Chloride Plastic Sewer Pipe (30" to 4811). Polyvinyl chloride (PVC) plastic sewer pipe and fittings shall conform to the requirements of ASTM Standard Specifications F 794 for "Closed Profile Wall" (as amended to date), except as modified herein. The pipe shall have a minimum stiffness of 46 psi when tested in accordance with ASTM D- 2412. The pipe shall be furnished in 12' minimum lengths with a gasketed bell and a factory ,thermoformed spigot taper. All pipe and fittings shall be free of imperfection and shall be clearly marked with the name of the manufacturer. 77 -1.02D Centrifugally Cast Fiberglass :Reinforced (CCFR) Sewer Pipe.. Centrifugally cast fiberglass reinforced sewer pipe and fittings shall consist of a polyester resin system with commercial grade E- glass filaments with binder and sizing compatible with impregnating resins and sand with a minimum 98% silica content with a maximum moisture content of 0.2% and shall conform to the requirements of ASTM Standard Specifications D 3262. The pipe shall have a minimum stiffness of 46 psi. when tested in'accordance with ASTM D- 24.12. The pipe shall be furnished in 20' minimum lengths with a gasketed bell and spigot end construction. All pipe and fittings shall be free of imperfection and shall be clearly marked with the name of the manufacturer. 77 -1.02E Certification and Tests. When specified on the plans or in the special provisions, or when ordered prior to construction by the Engineer, the Contractor- shall, at his own expense, furnish documentary evidence, or when specifically requested, certified test results which indicate that the pipe furnished meets all of the requirements of these Standard Specifications. Documentary evidence will be considered sufficient when the pipe manufacturer furnishes a certificate indicating that the pipe has been sampled, tested and inspected in accordance with the provisions of all ASTM specifications. 77 -1.02F Pipe Joints. All pipe fittings shall have rubber ring bell And spigot joints providing a water tight seal and allowing for contraction and expansion. The bell shall consist of an integral wall section stiffened with two PVC retainer rings which securely lock the solid cross section -rubber ring into position. Joint tightness shall be measured by assembling two sections of pipe in accordance with the manufacturer's recommendations. Subject the joint to an internal hydrostatic pressure of 25 psi for one hour. Consider any leakage a failure of the test requirements. "pipe 77 -1.02G __Pipe_ Stiffness. Minimum stiffness" (F /y) at 5% deflection shall be 46 psi for all sizes when calculated in accordance. with ASTM Designation D 2412. 77 -1.02H Locator Material for Non - Metallic Pipe: A tracing material shall be placed in trenches over non - metallic pipe in accordance with requirements of the Engineering Standards. Will J I J 1 The. tracing material'shall. be. "Terra Tape Green Sewer" as manufactured .by Griffolyn Company, Inc., Houston, Texas or an approved equal. 77- 1.02I._ -Pipe Deflections. All plastic sewer pipe when installed with all backfill in place and compacted shall not exceed five percent (5 %) of the internal pipe diameter: 77 =1.03 Trench Excavation and Backfill. Trench excavation and backfill shall conform to the provisions in Sections 19 -8, "Trench Excavation," and 19 -9, "Trench Backfill and Compaction." 77 -.1.04 Pipe Laving. Each pipe of the diameter called .for by the plans is to be laid on a firm bed and have a true bearing of its entire length. The pipe shall be laid in per=fect conformity to the prescribed lines and grades, which shall be obtained for each pipe by measuring down from a tightly stretched line running parallel with the grade. All adjustments to line and grade must be made by scraping away or filling in the earth under the body of the pipe, and not by wedging or blocking up the hub. A shallow excavation shall be made underneath the pipe at the joint to accommodate the bell and facilitate the making of the joint.. All pipe shall be laid continuously uphill, and with the bell end upgrade. The faces of the spigot ends and of all shoulders or sockets must be true and brought into fair contact and all lumps and excrescenses of said faces shall be cut' away before the pipe is lowered into the trench. When the work ceases for any reason, the unfinished end of the pipe shall be securely closed with a plug or cover. The interior of the pipe shall be free from all dirt and foreign matter as the work progresses and left clean at its completion.. In general, the pipe shall be installed in accordance with the manufacturer's recommendations and these special provisions for the particular type of pipe being installed. 77- .1.05 Installation. All PVC pipe_and fittings for underground gravity sewers shall be installed in accordance with the requirements of ASTM Standard D -2321 (as amended to date) , Recommended Practice for Installation of Flexible Thermoplastic Sewer Pipe. 77- .1.06_ Pittinas and Accessories. All fittings and accessories shall be as manufactured and furnished by the pipe supplier, or approved equal, and have bell and /or spigot configurations identical to that of the pipe. All fittings shall be of the same material as the pipe, unless specified otherwise. 77 =1.07 Sewerlines to be Water- Tight. It is particularly important . that the sanitary sewer lines constructed under this contract be water 1 tight. The Contractor shall take note of this fact and shall exercise every precaution to insure water - tightness throughout the component parts of the system, particularly as regards the pipe jointing. The 91 Contractor shall follow the detailed specifications and shall conform with the intent thereof to secure the highest quality of workmanship in the laying of all sanitary sewer lines under this Contract. All work shall be subject to inspection by the Engineer. 77 -1.08 Deflection Test for all Sewer Pipe Following the placement and densification of backfill and prior to the placing of permanent pavement, all pipe shall be cleaned and measured for obstructions (deflections, joint offsets, and lateral pipe intrusions). Installed pipe shall be tested to ensure that vertical deflections for plastic pipe do not exceed the maximum allowable deflection. Maximum allowable deflections shall be governed by the mandrel requirements stated herein and shall nominally be the percentage listed of the maximum average ID. Nominal Pipe Size Percentage Up to and including 12 -inch 5.0 Over 12- to and including 30 -inch 4.0 Over 30 -inch 3.0 The maximum average ID shall be equal to the average OD per applicable ASTM Standard minus two minimum wall thicknesses per applicable ASTM STandards. Manufacturing and other tolerances shall not be considered for determining maximum allowable deflections. The pipe shall be cleaned and inspected for offsets and obstructions prior to testing. For all pipes less than 24 -inch ID, a mandrel shall be pulled through the pipe by hand to ensure that maximum allowable deflections have not been exceeded. Prior to use, the mandrel shall be certified by the Engineer or by another entity approved by the Engineer. Use of an uncertified mandrel or a mandrel altered or modified after certification will invalidate test. If the mandrel fails to pass, the pipe will.be deemed to be overdeflected. Unless otherwise permitted by the Engineer, any overdeflected pipe shall be uncovered and, if not damaged, reinstalled. Damaged pipe shall not be reinstalled, but shall be removed from the work site. Any pipe subjected to any method or process other than removal, which attempts - -even successfully - -to reduce or cure any overdeflection, shall be uncovered, removed from the work site, and replaced with new pipe. The mandrel shall: 1) Be a rigid, nonadjustable, odd- numbering -leg (9 legs minimum) mandrel having.an effective length not less than its nominal diameter. 92 I I I i� I 1 I F I 9.3 2) Have a minimum. diameter at any point along the full length as follows: Nominal size Minimum Mandrel Pipe Material (Inches) Diameter. (inches) PVC -ASTM D 3033 6 5.619 (SDR 35) 8 7,309 10 9.137 12 10.963 15 13.849 PVC -ASTM D 3034 6 5.619 (ADR 35) 8 7.524 10 9.405 12 11.191 15 13.849 PVC -ASTM F 679 18 16.924 (T -1 Wall) 21 24* 19.952 22.446 27* 25.297 30* 28.502 ABS or PVC Composite Pipe 6 5.636 ASTM D 2680 8 10 7.663 9.584 12 11.475 *Optional. 15 14.356 3) Be fabricated of steel, be fitted with pulling rings at each end, be stamped or engraved on some segment other than a runner indicating the pipe material specification, nominal size, and mandrel OD (e.g., PVC, D 3034 -811- 7.52411) and be furnished in a suitable carrying case labeled with the same data as stamped or engraved on the mandrel. For IDs pipe nominally 24 -inch and larger, deflections shall be determined by a method submitted to and approved by the Engineer. If a mandrel is selected, the minimum diameter, length and other requirements shall conform to the dimensions and requirements as stated above. 1 All costs incurred by the Contractor attributable to mandrel and deflection testing, including any delays, shall be borne by the Contractor at no cost to the City. F I 9.3 • 0 1 Should any section of pipeline fail to pass this mandrel test, the Contractor shall open the pipe trench and repair the pipeline until it satisfactorily passes the mandrel test. All material, equipment, and .labor to perform the test shall be provided by the Contractor at no cost to the City. 77 -1.09 Concrete. Concrete shall conform to the provisions of Section 90, "Portland Cement Concrete" except as herein modified. Concrete for manholes, pipe junctions and jacketing shall be Class A containing 564 pounds (6 sacks) of Portland cement per cubic yard. Type II cement shall be used throughout. The cement used for manhole construction shall have a fifteen percent (15 %) approved possolan replacement. 77 -1.10 Reinforcement Reinforcement shall conform to the applicable provisions of Section 52, "Reinforcement." 77 -1.11 Mortar. Mortar shall consist of one part of Type II Portland cement and two parts of clean, hard, sharp grained particles, all passing a No. 4 sieve. Mortar shall be mixed either in a mixing machine or in a water -tight box. In either case, the materials shall be accurately measured and thoroughly mixed to a uniform consistency. All mortar shall be used immediately after mixing, and retempering of mortar shall not be allowed. 77 -1.12 Water for Concrete and Mortaro Water for concrete and mortar shall be free from injurious amount of oil, acid, alkali, organic impurities, and other deleterious substances. 77 -1.13 Manholes.. Manholes shall be constructed in accordance with the Engineering Standards, the special provisions and these Standard Specifications. 77 -1.14 Existing Manholes Existing manholes shall be adjusted to grade, remodeled or abandoned as shown on the plans in accordance with the provisions of Section 15, "Existing Highway Facilities." 77 -1.15 Abandonment of Sewerlines. All sewerlines that are taken out of service shall be abandoned by disconnecting the pipeline from the active system, plugging all openings, and removing related surface features; such as: manholes, cleanouts, wells, vaults, boxes, frames, covers, and collars. All openings shall be capped or plugged with approved fittings. All laterals from the abandoned main shall be capped, or plugged with approved fittings. If the laterals sewer are being. abandoned and the main is to remain live, service laterals shall be excavated at the main by the 94 I 1 • O Contractor and the actual abandonment shall be performed by the City. A 48 -hour notice shall be given to the City to schedule these abandonments. Reuse abandonments may be allowed within five feet of the property line with prior written permission by the Utilities Engineer. Cleanout wells shall be removed, backfilled with sand, a compacted to 95 %. The tops of all manholes and other structures to be abandoned shall be removed by sawcutting the surrounding pavement to a minimum depth of four inches (411) using square cuts. The structure shall be removed to a depth of sixteen inches (1611) below street grade, and filled with one -sack slurry to the top of the remainder of the structure. Pavement replacement shall be per Trench Detail #2 (City Standard #6025). 77 -1.16 Final Inspection and Tests. After the pipeline shall have been laid and the joints made, the line shall be air tested and shall be inspected by the Engineer. The air test procedure is as follows: ' 1. Plug all outlets and brace all plugs securely. Not over 650 feet of sewerline shall be tested at one time. 2. Air shall be introduced into the test section until the net internal pressure is 4.0 psig. In the case of a line being laid in ground water, the..exterior water pressure shall be computed and added to all gauge pressures used in the test. 3. Maintain a net internal pressure of 4.0 psig for a period of at least two minutes by adding air as needed. 4. Determine the time for pressure to drop from 3.5 PSIG to 2.5 PSIG. Minimum permissible pressure holding time for runs of single pipe diameter are given'in the following table: TABLE 2. LOW PRESSURE AIR TEST FOR PVC SEWERS Main Line 4' House Connection Main Line 6' House Connection Diameter Length ouse Connection Length Diameter Length House Connection Length (Inches) (Feet) Oft. 00 ft. 20 _. 100 ft. 200 ft. 3 40-Oft. (Inches) (Feet) 0 ft. 100 ft. 200 ft. '300 ft. 400 ft. 0 _ _ 7 0 0 40 so 100 100 50 40 50 70 90 80 50 40 70 110 110 110 100 70 90 100 100 90 100 70 110 120 110 110 6+8 150 110 120 110 100 100 8 150 110 120 120 120 110 200 140 120 110 110 100 200 140 130 120 120 120 300 140 130 120 110 110 300 140 130 120 120 120 400 140 130 120 120 110 400 140 130 130 120 _ 120 50 50 70 100 90 50 50 90 120 120 110 100 110 130 120 110 110 100 110 140 130 130 120 10 200 170 150 140 130 120 10 200 170 150 140 140 130 300 170 160 150 140 130 300 170 160 150 140 140 400 170 160 150 _ 150 140 400 170 160 150 150 140 50 80 100 110 110 110 50 80 120 140 130 120 100 160 170 150 140 130 100 160 170 150 140 140 12 200 200 180 170 160 150 12 200 200 180 170 160 150 300 200 190 180 170 160 300 200 190 180 170 160 400 200 190 180 160 170 400 .200 190 180 180 170 95 I O O � -140 1 so lff 160 140 130 50 120 160 160 150 140 100 250 220 190 170 160 100 20 210 190 170 160 length designated by the Engineer. Pipe placed in excess of the 15 200 260 230 220 200 190 is 200 260 230 210 200 190 - 300 260 240 230 220 210 300 260 240 220 210 200 t 400 260 240 230 220 220 400 260 240 230 220 210 77 -1.17 Sewer Laterals. Sewer laterals shall be tied over as shown on the plans. Contractor shall notify the'Engineer immediately upon discovering any lateral not shown on the plans, or any lateral that appears to be dry and out of service. City forces will then determine Trench resurfacing shall be considered as included in the various if it is live or not, and cap it off if dead. Pay item for laterals will not be reduced because of laterals determined to be out of service and capped off by City forces. 77 -1.18 Cleaning. After the final air test has been satisfactorily completed, the sewerline shall be cleaned using water and a sewer cleaning ball of the proper size for the pipe being cleaned. The ball shall be one that has been expressly designed and constructed for pipe cleaning work. The cleaning operation, where possible, shall begin between the two lowest manholes in the _system and shall progress upstream. ALL FOREIGN MATERIAL shall be removed from the system (pipes, manholes, and cleanouts) prior to its being placed in service and ultimately accepted. 77 -1.19 Television Inspection. The city reserves the right to inspect all sewerlines prior to acceptance by way of pulling a television camera through the line to check for damage to the pipeline material and indications of lack of conformity to these specifications. 77 -1.20 Measurement. Sewer work performed under Section 77 , "Sewers ", or whatever information will be designated by size, type, quality or whatever information is necessary for identifying sewer work. The length of sewer pipe to be paid for will be the slope length designated by the Engineer. Pipe placed in excess of the length designated will not be paid for. Quantity to be paid for will be the length of pipe placed before cutting. Pipe bends, tees, wyes and other branches will be measured and paid for by the linear foot for the sizes of pipes involved. Bends will be measured along the centerline to the point of intersection. Quantities of manholes, cleanouts, and laterals will be determined as units from actual count. New frames and covers shall be considered as included in the price paid for manholes and cleanouts. Trench resurfacing shall be considered as included in the various contract items of sewer work, and no additional compensation will be paid therefor. 96 1 i 1 O O iReinforcement will- -be considered as included in the price paid for contract items of sewer work, and no additional compensation will be. allowed therefor. ® Excavation and backf ill. shall be considered as included in the various contract items of sewer work, and no additional compensation will be allowed therefor. 77 -1.21- Payment. Items of work, measured as provided in Section 77- 1.20, "Measurement ", will be paid for at a contract price per linear foot for the different sizes and types of sewer pipe; the contract unit price for manholes, cleanouts, and sewer laterals; all other items of work such as reinforcing steel, furnishing and placing concrete, formwork, frames and covers, and equipment and materials used. for testing will be considered as included in the price paid for the various contract items of sewer work. Full compensation for any necessary bypass of sewage and installation of sand traps during construction shall be considered as included in the contract price per linear foot for the sewer main and no additional compensation will be allowed therefor. Full compensation for all other concrete and miscellaneous iron and steel involved in constructing the sewer work shall be considered as included in the contract prices paid for the various items of sewer work and no separate payment will be made therefor. Full compensation for all sawcutting, trenching and. excavation, placing and compacting backfill, furnishing and placing sewer pipe, wyes, fittings and miscellaneous hardware, adapters, tunneling and jacking of pipe, capping open ends of pipe, joining of pipe to other pipe or structure, shaping bottoms of existing and new manholes, utility support and protective work operations required to accommodate or safeguard public traffic, -restoration of pavement, testing the sewer line, furnishing and disposing of water used for testing, abandonment or removal of existing facilities, and all other incidental work and material required to construct the sewer system shall be considered as included in the prices paid for the various contract items of sewer work and no additional compensation will be allowed therefor. The above prices and payments shall include- full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work. involved in constructing sewers, complete in place, as "shown on the plans, and as specified in these Standard Specifications and the special provisions, and as directed by the Engineer.. 1 97 i 10- i..U,dU- _ia --- cv 44-- rviYvinyJ. %.:n.Lvriaes rAas16ic rive3 trra: avi..a waiiJ . SECTION 78 STORM DRAINS 78 -1.01 Description. This work shall consist of constructing storm drains, manholes, junction structures, catch basins, and appurtenances as shown on the plans and in accordance with these Standard Specifications, the special provisions, and as directed by the Engineer. The type of storm drain and structure will be designated in the contract item. 78 -1.02 _ laterials. The materials for storm drain pipelines are described in this Section 78 -1.02. 78 -1.O2A Reinforced Concrete. Pipe. Reinforced concrete pipe shall be as specified in Section 65 of the State Standard Specifications, and these Standard Specifications. 78 -1.O2B 4B0 to 15° Polyvinyl Chloride Plastic Pipe (P.V.C. Solid Wall). Polyvinyl chloride (PVC) plastic pipe and fittings shall conform to the requirements of ASTM Standard Specifications D 3034 (as amended to date), except as modified herein. The pipe shall be furnished with integral wall belled ends and elastomeric joints. All pipe and fittings shall be free of imperfection and shall be clearly marked with the name of the manufacturer. The pipe shall have a minimum SDR ratio.of 35. 10- i..U,dU- _ia --- cv 44-- rviYvinyJ. %.:n.Lvriaes rAas16ic rive3 trra: avi..a waiiJ . Polyvinyl chloride (PVC) plastic storm drain pipe and fittings shall conform to the requirements of ASTM Standard Specifications F 679 (as amended to date), except as modified herein. The pipe shall be furnished with integral wall belled ends and elastomeric joints. All pipe and fittings shall be free of imperfection and shall be clearly marked with the name of the manufacturer_. The pipe shall have a minimum SDR ratio of 35.. 78.1.O2D 30° to 480° Polyvinyl Chloride Plastic Pipe. Polyvinyl chloride (PVC) plastic pipe and fittings shall conform to the requirements of ASTM Standard Specifications F 794 for "Closed Profile Wall" (as amended to date), except as modified herein. The pipe shall have a minimum stiffness of 46 psi when tested in accordance with ASTM D -2412. The pipe shall be furnished with a gasketed bell and a factory thermoformed spigot taper. All pipe and fittings shall be free of imperfection and shall be clearly marked with the name of the manufacturer. Pipg. Centrifugally cast fiberglass reinforced pipe and fittings shall consist of a polyester resin system with commercial grade E- glass filaments with binder and sizing compatible with impregnating 98 1 resins and sand with a 'minimum 98% silica content with a maximum moisture content of 0.2% and shall conform to the requirements of ASTM. Standard Specifications D 3262, (as amended to date) . The pipe shall have a minimum stiffness of 46 psi when tested in accordance with ASTM D -2412. The pipe shall be furnished with a ga_sketed bell and spigot end construction. All pipe and fittings shall be free of imperfection and shall be clearly marked with the name of the manufacturer-. 7.6- .1..02F-Perforated- Pipe. Perforated pipe shall be smooth walled PVC conforming to AASHTO specifications, Designation: M278. Perforations shall be located in the bottom half of the pipe and shall consist of slots meeting the size and opening area requirements in AASHTO Designation: M252. The inside diameter and diameter tolerances shall conform to the requirements of either AASHTO Designation: M252 or M278. The pipe shall be furnished with integral belled ends and elastomeric joints. Pipe shall be wrapped in geotextile fabric as noted on the plans. 78 -1.02G Certification and when spec if ied on the plans or in i the special provisions or when orered prior to construction by the Engineer, the Contractor shall, at his own expense, furnish documentary evidence, or when specifically requested, certified test results which indicate that the pipe furnished meets all of the requirements of these Standard Specifications., Documentary evidence will be considered sufficient when the pipe manufacturer furnishes a certificate indicating that the pipe has been sampled, tested and inspected in accordance with the provisions of all ASTM specifications.. 78 -1.02H PVC Pipe Joints. All pipe fittings shall.have rubber ring bell and spigot joints providing a water tight seal and allowing for contraction and expansion. The bell shall consist of an integral wall section stiffened with two PVC retainer rings which. securely lock the solid cross section rubber ring into position. Joint tightness shall be measured by assembling two sections of pipe in accordance with the manufacturer's recommendations. Subject the joint to an internal hydrostatic pressure of 25 psi for one hour. consider any leakage'a failure of the test requirements. 78 -1.02I .:Pibe._Stiffness. Minimum "pipe stiffness" (F/ y) at 5% deflection shall be 46 psi for all sizes when calculated in accordance with ASTM Designation D 2412. 78 -1.02J Locator Material for iron- Metallic Pipe. A tracing material shall be placed in trenches over non - metallic pipe in accordance with requirements of the Engineering Standards. The tracing material shall be "Terra Tape. Green Sewer" as manufactured by Griffolyn Company, Inc., Houston, Texas or an approved equal. 1 99 1 • o i 78 -1.02H Pine Deflections. All plastic pipe when installed with all t backfill in place and compacted shall not exceed five percent (5 %) of the internal pipe diameter. 78 -1.03 Trench__Rzeavation and. Backfill. Trench excavation and backfill shall conform to the provisions of Sections 19 -8, "Trench Excavation," and 19 -9, "Trench Backfill and Compaction." 78 -.1.04 Pipe Laying (General). Each pipe of the diameter called for by the plans is to be laid on a firm bed and have a true bearing of its entire length. The pipe shall be laid in conformity to the prescribed lines and grades, which shall be obtained for each pipe by measuring down from a tightly stretched line running parallel with the grade. All adjustments to line and grade must be made by scraping , away or filling in the earth under the body of the pipe, and not by wedging or blocking up the hub. A shallow excavation shall be made underneath the pipe at the joint to accommodate the bell and facilitate the making of the joint. All pipe shall be laid continuously uphill, and with the bell end upgrade. The faces of the spigot ends and of all shoulders or sockets must be true and brought into fair contact and all lumps and excrescences of said faces shall be cut away before the pipe is lowered into the trench. When the work ceases for any reason, the unfinished end of the pipe shall be securely closed with a plug or cover. The interior of the pipe shall be, free from all dirt and foreign matter as the work progresses and left clean at its completion. In general, the .pipe shall be installed in accordance with the manufacturer's recommendations and these special provisions for the particular type of pipe being installed: 78 -1.05 PVC Pipe. All PVC pipe and fittings for underground gravity pipe shall be installed in accordance with the requirements of ASTM Standard D -2321 (as amended to date), Recommended. Practice for Installation of Flexible Thermoplastic Sewer Pipe. 78 -1.06 Reinforced Concrete Pipe. Reinforced concrete pipe shall be laid and jointed in accordance with the provisions of Section 65 -1.07, "Laying Pipe,!' of the State Standard Specifications. 78 -1.07 Fittincrs and Accessories. All fittings and accessories shall be as manufactured and furnished by the pipe supplier, or approved equal, and have bell and /or spigot configurations identical to that of the. pipe. All fittings shall be of the same material as the pipe, unless specified otherwise. 78 -1.08 Deflection Test for PVC Storm-Pip e.,.Following the placement and densification of backfill and prior to the placing of permanent pavement, all pipe shall be cleaned and measured for obstructions (deflections, joint offsets, and lateral pipe intrusions). 100 1 1 J Installed pipe ;hdll be' tested to ensure that vertical deflections for plastic pipe do not exceed the maximum allowable. deflection. Maximum allowable deflections shall be governed by the mandrel requirements stated herein and shall nominally be the percentage listed of the maximum average ID. Nominal Pipe Size Percentage Up to and including 12 -inch 5.0 Over 12- to and including 30 -inch 4.0 Over 30 -inch 3.0 The maximum average ID shall be equal to the average OD per applicable ASTM Standard minus two minimum wall thicknesses per applicable ASTM Standards. Manufacturing and other tolerances shall_ not be considered for determining maximum allowable deflections. The pipe shall be cleaned and inspected for offsets and obstructions prior to testing. For all pipes less than 24 -inch ID, a mandrel shall be pulled through the pipe by hand to ensure that maximum allowable deflections have not been exceeded. Prior to use, the mandrel shall be certified by the Engineer or by another entity approved by the Engineer. Use of an uncertified mandrel or a mandrel altered or modified after certification will invalidate test. If the mandrel fails to pass, the pipe will be deemed to be overdeflected. Unless otherwise permitted by the Engineer, any overdeflected pipe ' shall be uncovered and, if not damaged, reinstalled. Damaged pipe shall not be reinstalled, but shall be removed from the work site. Any pipe subjected to any method or process other than removal, which attempts, even successfully, toireduce or cure any overdeflection, shall be uncovered, removed from the work site and replaced with new pipe. The mandrel shall: 1) Be a rigid, nonadjustable, odd - numbering -leg (9 legs minimum) mandrel having an effective length not less than its nominal diameter. 2) Have a minimum diameter at any point along the full length as specified above. 3) Be fabricated of steel, be fitted with pulling rings at each end, be stamped or.engraved on some segment other than a runner indicating the pipe material specification, nominal size, and mandrel. OD (e.g., PVC, D 3034 -811- 7.52411) and be furnished in a suitable carrying case labeled with the same data as stamped or engraved on the mandrel. For pipe IDs nominally 24 -inch and larger, deflections shall be determined by a;method submitted to and approved by the Engineer. If a mandrel is selected, the minimum diameter, length and other 101 O o 1 requirements shall conform to the dimensions and requirements as r stated above. All costs incurred by the Contractor attributable to mandrel and ' deflection testing, including any delays, shall be borne by the Contractor at no cost to the City. 'of Should any section pipeline fail to pass this mandrel test, the contractor shall open the pipe trench and repair the pipeline until it satisfactorily passes the mandrel test. All material, equipment and labor to perform the test shall be provided by the Contractor at no cost to the City. Backfilling around completed manholes shall be carried out in a 78 -1.09 Concrete. Concrete shall conform to the applicable provisions of Section 90, "Portland Cement Concrete," except as herein modified. Concrete for manholes, pipe junctions and jacketing shall be Class A containing 564 pounds (6 sacks). of Portland cement per cubic yard. Type II cement shall be used throughout. The cement used for manhole construction shall have a fifteen percent (15%) approved possolan replacement. 78 -1.10 Reinforcement. Reinforcement shall conform to the provisions of Section 52, "Reinforcement." 78 -1.11 Mortar. Mortar shall consist of one part of Type II Portland 1 cement and two parts of clean, hard, sharp grained particles, all passing a No. 4 sieve. ' Mortar shall be mixed either in a mixing machine or in a water -tight box. In either case, the materials shall be accurately measured and thoroughly mixed to a uniform consistency. All mortar shall be used immediately after mixing, and retempering of mortar shall not be allowed. 78 -1.12 Water for Concrete and-Mortar. Water for concrete and mortar , shall be free from injurious amount of oil, acid, alkali, organic impurities, and .other deleterious substances. ' 78 -1.13 Manholes. Precast concrete manhole sections shall conform to ASTM specification C- 478 -61T or AASHO -M170. All manholes shall be watertight and the floor shall be given a smooth monolithic, trowel finish. The interior finish of the manholes shall be smooth. All mortar used in construction of manholes shall be as hereinbefore specified in this Section. Backfilling around completed manholes shall be carried out in a similar manner as specified for sewer pipe. 102 r� U 1 0 Manholes shall be constructed according to City Engineering Standards. 78 -1.14 Frames and Covers. Shall be as specified in the Engineering Standards. 78 -1.15 Esistincr Manholes. Shall be adjusted to grade, remodeled or abandoned as shown on the plans in accordance with the provisions of Section 15, "Existing Highway Facilities." ■ 78 -1.16 Abandonment of Storms Drains. Whenever- a storm drain is taken.out of service or replaced, the Contractor shall "abandon" the existing storm drain and all surface features associated with that 1 line, including but not.limited to, grated inlets, DI's and junction boxes. Contractor shall abandon the storm drain by plugging or capping the open ends with an approved fitting. Abandonment shall be in accordance with Engineering Standards. All removed surface features shall be replaced by paving in accordance with the trench detail. 78- 1..17 Measurement. Storm drain work performed under Section 78, "Storm drains ", will be designated in the contract item by size, type, quality or whatever information is necessary for identifying storm drain work. The length of storm drain pipe to be paid for will be the slope length designated by the Engineer. Pipe placed in excess of the length designated will not be paid for, unless pipes are cut to fit a structure. When pipes are cut to fit a structure, the quantity to be paid for will be the length of pipe placed before cutting, measured in 2 -foot increments. Measurement will be to the center of the manhole, or inner edge of other structures to which the sewer is connected. Pipe bends, tees, and other- branches will be measured and paid for by the linear foot for the sizes of pipes involved. Bends will be measured along the center line to the point of intersection. Quantities of manholes, junction structures, and catch basins will be determined as units from actual count. New frames and covers shall be considered as included in the price paid for manholes, junction structures and.catch basins. Trench resurfacing shall be considered as included in the various contract items of storm drain work and no additional compensation will s be paid therefor. Reinforcement will be considered as included in the price paid for the various contract items of storm drain work and no additional compensation will be allowed therefor. Excavation and backfill shall be considered as included in the price paid for the various contract items of storm drain work and no Additional compensation will be allowed therefor. 103 78 -1.18 Payment. Items of work, measured as provided in Section 78- 1.17 "Measurement ", will be paid for at the contract price per linear foot for the different sizes and types of storm drain pipe; the contract unit price for manholes, junction structures, and catch basins; all other items of work such as reinforcing steel, furnishing and placing concrete, form work, frames and covers, and equipment and materials used for testing, including the water used for cleaning, , will be considered as included in the price paid for the various contract items of storm drain work. Full compensation for all other concrete and miscellaneous iron and , steel involved in constructing the storm drain work shall be considered as included in the contract prices paid for the various items of storm drain work and no separate payment will be made therefor. Full compensation for all sawcutting, trenching and excavation, placing and compacting backfill, furnishing and placing storm drain pipe, fittings and miscellaneous hardware, bar reinforcement, tunneling and jacking of pipe, capping open ends of pipe, joining of pipe to other pipe or structure, shaping bottoms of existing and new manholes, utility support and protective work operations required to accommodate or safeguard public traffic, abandonment of existing facilities, restoration of pavement, testing the storm drain line, furnishing and disposing of water used for testing and all other incidental work and material required to construct the storm drain system shall. be considered as included in the prices paid for the ' various contract items of storm drain work and no additional compensation will be allowed therefor. The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing storm drains, complete in place, as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer. SECTION 80 FENCES Fences shall be as specified in Section 80 of the State Standard Specifications. SECTION 81 MONUMENTS Section 81, "Monuments" is excluded in its entirety from this Standard Specification. 104 , I SECTION 82 MARKERS AND DELINEATORS Markers shall be as specified in Section 82 of the State Standard Specifications. SECTION.83 RAILINGS AND BARRIERS tGuard railings and barriers shall be as specified in Section 83 of the State Standard Specifications. SECTION 84 TRAFFIC STRIPES AND PAVEMENT MARKINGS Traffic stripes and pavement markings shall be as specified in Section 84 of the State Standard Speci- fications. SECTION 85 PAVEMENT MARKERS Pavement markers shall be as specified in Section 85 of the State Standard Specifications. SECTION 86 SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS All signal, lighting and electrical work shall be as specified in Section.86 of the State Standard Specifications, except as herein modified. 86 -2.05C Installation. Pull ropes shall be a minimum of 1/4" nylon. Conduit runs between a foundation and the nearest pull box shall be of. the rigid metal or IMC type. In lieu of installing the conduit.by approved jacking or drilling methods, conduit may be placed under existing pavement in a trench which is approximately 2" wider than the outside diameter of the conduit to.be installed (trench shall not exceed 6 inches in width). The top of the installed conduit shall be a minimum of 12" below finished grade. The outline of all areas of pavement to be removed shall be cut to a minimum depth of 3" with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. 105 O O The conduit shall be placed in the bottom of the trench and the trench shall be backfilled a minimum of 4" of cover with cement- treated concrete sand. The backf ill material shall be concrete sand to which cement has been added to 2 sacks of cement per cubic yard of sand and mixed in a transit mixer to a dry enough consistency to permit immediate compaction as soon as the materials are placed in the trench. The material shall be compacted as directed by the engineer. The trench shall be filled to 2" below existing depth of AC but not less than 5" below the pavement surface. The remaining depth shall be backfilled with asphalt concrete produced from commercial quality paving asphalt and aggregates. Asphalt concrete placed in the trenches may be consolidated, compacted and smoothed by methods which provide satisfactory work and are acceptable to the Engineer. Asphalt concrete shall conform to the requirements of Section 39 of the Standard Specifications for Type "B" mineral aggregate. Where conduit is to be trenched, it shall not be located closer than 2' from any detector loop wire. Trenches for conduit beneath sidewalk areas shall be backfilled with sand with the top of the conduit a minimum of 18" below finished grade. Trenches for conduit placed in landscaped areas shall be backfilled with 1011 of sand and the remaining depth with native soil with the top of the conduit a minimum of 18" below finished grade. 86 -2.06 Pull Boxes. Pull boxes which will be placed in PCC pavement and /or sidewalk, or placed where there will eventually be PCC pavement and /or sidewalk shall be reinforced concrete. All pull boxes set in Mission Tile sidewalk shall be set in accordance with City Engineering Standard #4230 and a Mission Tile Utility Cover provided. 86 -2.08 Conductors. Interconnect cable shall have a 300 volt rating and consist of 4 pairs of stranded 20AWG wire, each pair having a drain wire and individually shielded. Conductor insulation shall be , polyethylene. Cable. shall be installed without splices and have a minimum of 5' of slack at controller cabinets. 86 -2.099 Splice Insulation. Splices shall be insulated as defined in Section 86 -5.01 Vehicle Detectors, Method (A) of State Standard Specifications. 86 -2.10 Bonding and Grounding. Pedestal mounted controllers shall have a ground rod driven in the pull box adjacent to the controller and the controller grounded to it. 86 -2.16 Painting. Paint color will be as specified in the special provisions. A paint chip will be provided by the City for colors other than Color No. 14672 (Light Green) of Federal Standard 595a. , 106 1 u 1 u C 86 -3.01 Controiler jissembly. All Type 332 Cabinets shall be equipped with a PDA2, Power Distribution Assembly. 86 -.3.08 Auxiliary Equipment. For all intersections which include the installation of interconnect cable, the controller shall be equipped with a Model 400 Modem and a C2 connector and harness. Where connection is to be made to an existing 170 type controller, an additional Model 400 Modem, C2_ connector and harness shall be provided. 86- 3.08B(Q Emergency vehicle Pre - emption Equipment. Traffic Signal Pre - emptive equipment shall be a 3M Opticom System or approved equal. The system shall require one Model 262 Discriminator- Module for every two channels of pre- emption. and necessary Optical Detectors to provide the directional input as indicated on the plans. Systems shall be wired and grounded per manufacturer's specifications. 86 1-3.11A Model 170_ Controller Unit. Prom module shall be a type 412 compatible with.a BZTran type 200 program and configured for a type 27256 EPROM and shall include one blank 272.56 EPROM and one 6264 RAM chip. 86 -4.01D Visors. Visors shall be metal. 86 -4.03 Backplates. Backplates shall be metal. 86 -4.05A Types. Pedestrian signal shall be ICC Solid State Neon symbol, type or equal, where equal means the signal is solid. state neon and all parts are . interchangeable with ICC. 86 -5.01 vehicle Detectors. All detector amplifiers shall be type 222, two - channel amplifiers. Detector lead -in cables shall be Type_ C and be spliced to loop conductors using a butt connector soldered in place using a hot iron, pouring or dipping method. Open flame soldering will not be allowed. The splice shall be insulated using Method (2) of Section 86 -2.09E of State Standard Specifications, Splice Insulation, of the Standard Specifications (heat shrinkable insulating tubing). Residue resulting from slot cutting operations shall not be permitted . to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface. 86 -7.01 Removing Electrical Equipment. All materials obtained during the work from the existing improvements and having salvage value, but which are not to be used in the work or are to be disposed of as designated on the plans, shall be delivered to the City of San Luis Obispo Corporation Yard at 25 Prado Road at the expense of the Contractor. Salvage shall include mounting and fastening hardware and handhole covers. 107 86 -9.01 Directional Signs. G7 Signs shall be double faced signs with 6" upper case and 4 -1/2" lower case letters, mounted level with free swinging brackets. SECTION 88 ENGINEERING FABRICS Engineering fabrics shall be as specified in Section 88 of the State Standard Specifications. SECTION 89 LIGHTWEIGHT PORTLAND CEMENT CONCRETE Lightweight Portland cement concrete shall be as specified in Section 89 of the State Standard Specifications. SECTION 90 PORTLAND CEMENT CONCRETE Portland cement concrete shall be as specified in Section 90 of the State Standard Specifications. SECTION 91 PAINT. Paint shall be as specified in Section 91 of the State Standard Specifications. SECTION 92 ASPHALTS Asphalts shall be as specified in Section 92 of the State Standard Specifications. SECTION 93 LIQUID ASPHALTS Liquid asphalts shall be as specified in Section 93 of the State Standard Specifications, except as herein modified. Liquid asphalt for prime coat shall be grade SC -70 or MC -250, and shall be applied at the approximate rate of 0.25 gallons per square yard in one or more applications. The exact rate and number of applications shall be determined by the Engineer. 108 I 0 9 Prime coat shall be spread in accordance with the provisions in Section 39 -4.02, "Prime Coat and Paint Binder," of the State Standard Specifications. SECTION 94 ASPHALTIC EMULSIONS Asphaltic emulsions shall be as specified in Section 94 of the State Standard Specifications, except as herein modified. Asphaltic emulsion for paint binder (tack coat) shall be RS -1 Penetration -type, and shall be applied at the approximate rate of 0.04 gallons per square yard in one or more applications. The exact rate and number of applications will be determined by the Engineer. Paint binder shall be spread in accordance with the provisions in Section 39 -4.02, "Prime Coat and Paint Binder," of the State Standard Specifications. SECTION 95 1 EPDXY Epoxy shall be as specified in Section 95 of the State Standard Specifications. C C `1 LJ 1 P 1 1 109 c RESOLUTION NO. 8167 (1993 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING LATE FEES ON DELINQUENT ACCOUNTS WHEREAS, the City of San Luis Obispo bills customers for a variety of services and fees; and WHEREAS, the City of San Luis Obispo has determined that customers who do not pay their invoices within 30 days of the due date are delinquent in making their payment. NOW, THEREFORE, the City Council of the City of San Luis Obispo finds and resolves that: SECTION 1. Effective July 1, 1993, monthly late fees in the amount of $10 or 1.5% on the balance outstanding, whichever is greater, will be charged and added to the balance of delinquent accounts which have not been paid within 30 days of the due date. SECTION 2. Effective July 1, 1993, Municipal Code Section 4.20.110, adopted by Resolution 6447, will be rescinded. Upon motion of Council Member Raooa ,seconded by Council Member Romero , and .on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, and Mayor Pinard NOES: Council Member Settle ABSENT: None the foregoing resolution was adopted this ATTEST: Ci Clerk Diane' GlAwell APPROVED: 4th day of May , 1993. Mayor PQ Pinard R -8167 RESOLUTION NO. 8166 (1993 Series) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, AND AUTHORIZING THE CITY ADMINISTRATIVE OFFICER, OR HIS DESIGNEE (PUBLIC WORKS DIRECTOR), TO EXECUTE AND FILE APPLICATIONS ON BEHALF OF THE CITY WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation program of projects and budget; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of the project costs in the program and substantial reporting requirements; WHEREAS, it is required by the U.S. Department of Transportation, in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of he Civil. Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definite procedures shall be established and administered to ensure that minority business shall have the maximum construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, BE .IT RESOLVED, the City Council of the City of San Luis Obispo: SECTION 1. That the City Administrative Officer, or his designee (Public Works Director) , is authorized. to execute and file applications on behalf of the City of San Luis Obispo with the U.S. Department of Transportation to aid in the financing of planning, capital, and operating assistance projects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. SECTION 2. That the City Administrative Officer, or his designee (Public Works Director) , is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. SECTION 3. That the City Administrative Officer, or his designee (Public Works Director) , is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the program of projects and budget. R -8166 -� x � w Resolution No. 8166 (1993 Series) SECTION 4. That the City Administrative Officer, or his designee (Public Works Director), is authorized to set forth and execute affirmative minority business policies in connection with the program of projects and budgets procurement needs. SECTION 5. That the City Administrative Officer, or his designee (Public Works Director) , is authorized to execute grant agreements on behalf of the City of San Luis Obispo with the U.S. Department of transportation for aid in the financing of the planning, capital, and operating assistance program of projects and budgets. Upon motion Of Council Member Settle. , seconded by Council Member Roa_lman and on the following roll call vote: AYES: Council Members Settle, Roalman, Rappa, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 4th day of May 1993. ATTEST Mayor Peg inard : Diane well, tify 5erk he- res.nwt �jp f .0 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT PART I OF H NOTIFICATION OF GRANT APPROVAL and GENERAL PROVISIONS For Projects Authorized Under SECTIONS 3, 99 9E, AND /OR 25 OF THE FEDERAL TRANSIT ACT, AS AMENDED 49 U.S.C. APP. §§ 1602,1607a9 1607a -2, AND /OR 1621; AND /OR TTTLE 23, U.S.C. (HIGHWAYS) Form FTA 3 &9(C) December 1993 1 NOTIFICATION OF GRANT APPROVAL Grant No. CA -90 -X578 GRANTRECIPIENT: City of San Luis Obispo DESIGNATED RECIPIENT: California Department of Transportation SECTION OF STATUTE: Section 9 ONE MILLION, SEVEN HUNDRED EIGHTY FIVE THOUSAND, NINE HUNDRED SEVENTY TWO DOLLARS ($1,785,972) MAXIMUM FEDERAL FUNDS APPROVED: ONE MILLION, TWO HUNDRED SEVEN THOUSAND, NINE HUNDRED EIGHTY SIX DOLLARS ($1,207,986) Original Grant: 80% Capital, 50% Operating, 83.5% STP, 90% ADA DATE OF DEPARTMENT OF LABOR SECTION 13(c) CERTIFICATION LETTER: Project. Number CA -90 -X578 13(c) Certification Date June 8, 1993 PROJECT /PROGRAM DESCRIPTION: See Attached Approved Project Budget JAN o 5 1994 OBLIGATION DATE REGIONAL -• .- For Projects Authorized Under SECTIONS 3, 99 913, AND /OR 25 OF THE FEDERAL TRANSIT ACT, AS AMENDED 49 U.S.C. APP. §§ 1602,1607a,1607a -2, AND /OR 1621; AND /OR TITLE 23, U.S.C. (HIGHWAYS) The U.S. Department of Transportation, Federal Transit Administration (FTA) and the Grant Recipient named in the Notification of Grant Approval have entered into this Grant Agreement. In consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: Section 1. RMose of the Grant .A;g ==bent. The purpose of this Grant Agreement is to set forth the terms and conditions under which the Government will provide Federal financial assistance to the Grant Recipient to carry out the public transit project (Project) or program of projects (Program) described in the Notification of Grant Approval. Section 2. The Project or Program. The Gram Recipient agrees to undertake and complete the Project or Program, and to provide for the use of the Project or Program facilities or equipment, substantially as described in its Application, incorporated herein by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Grant Agreement. The "Project or Program Description" in the Notification of Grant Approval describes the Project or Program to be funded by this Gram Agreement. Section.3. Federal Financial Assistance. a. The Government intends to assist the Grant Recipient in financing that portion _of the Project or Program that cannot reasonably be financed from the Grant Recipient's revenues, i.e., "Net.Project Cost" of the Project or "Net Project Cost" of all projects in the Program. The Estimated Net Project Cost (which.includes amendments) of all projects covered by this Grant Agreement is set forth on the Notification of Approval, and forms the basis for calculating the Federal financial assistance under this Grant Agreement. Accordingly, the Government will provide Federal financial assistance equal to the smallest of the following amounts: (1) the ma-ximum amount permitted by Federal law and regulations, (2) the amount designated in the Notification of Grant Approval as "Maximum Federal Funds Approved," or (3) the amount calculated in accordance with the "Maximum Percentage(s) of Federal Participation," set forth in the Notification of Grant Approval. Form FTA 3 &9(C) December 1993 Page 1 b. For purposes of this Grant Agreement, "Net Project Cost" must conform with the requirements of Office of Management and Budget Circular A -87, Revised, "Cost Principles Applicable to Grants and Contracts with State and Local Governments," and with applicable guidelines or regulations issued by the Government. c. The Government's obligation to make Federal assistance payments is limited to the amounts set forth in the Approved Project Budget. Section 4. Local Share. The Grant Recipient agrees that it will provide sufficient funds, together with the Federal financial assistance provided, to assure payment of theaatual Project cost of each project covered under this Grant Agreement. The Grant Recipient agrees that none of the funds it provides will be derived from: (a) Federal funds (except as may otherwise be authorized by Federal statutes (b) receipts from the use of the.Project or Program.facil ies or equipment (except as may otherwise be authorized by Federal statute), or (c) revenues of the public transit system in which such facilities or equipment are used. The Gram.Recipient further agrees that no refund or reduction of the amount provided by the Government will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Federal financial assistance provided, unless expressly approved otherwise in writing by the Government. The Grant Recipient's obligation to provide the Local Share is calculated on a project -by- project basis for each project covered by this Grant Agreement, whether or not the project is included within a Program ofProjects. Section 5. Labor Protection. The Grant Recipient agrees to carry out the Project in conformance with the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meet the requirements of section 13(c) of the Federal Transit Act, as amended, 49 U.S.C. app. § 1609(c), and Department of Labor (DOL), "Guidelines, Section 13(c), Federal Transit Act, as Amended," 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification from DOL to FTA, the date of which letter is set forth in the Notification of Grant Approval. The Grant Recipient agrees to carry out the Project in compliance with the conditions stated in that DOL letter. That fetter and arty documents cited in that letter are incorporated herein by reference and made part of this Grant Agreement. Section 6. Planning. The Grant Recipient agrees to comply with the plans developed in accordance with section 8 of the Federal Transit Act, as amended, and joint FHWA/FTA regulations, "Planning Assistance and Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613. Page 2 Section 7. Special Requirements for Section 9 Projects. a. Fares and Services. The Grant Recipient agrees that it will use its established administrative process to solicit and consider public comment before raising fares or implementing a major reduction of service. b. Audit. Requirement. The Grant Recipient agrees that the Government may, at least annually, and more frequently in its discretion, either conduct or require the Grant Recipient to have independently conducted any reviews and audits that the Government deems appropriate, pursuant to the provisions of section 9(g) of the Federal Transit Act, as amended, 49 U.S.C. app. § 1607a(g� and applicable regulations or guidelines that the Government may issue. c. Half Fare Requirement. The Grant Recipient agrees that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment financed pursuant to this Grant Agreement will not exceed one -half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment-is by the Grant Recipient or is by another entity under lease or otherwise. The Grant Recipient agrees that it will give the rate required herein to any person presenting a Medicare card duly issued to that person pursuant to title II or title XVM of the Social Security Act. d. Sole Source Procurement. The Grant Recipient may, without prior Goverment approval, procure by contract directly with the original manufacturer or supplier of the item to be replaced an associated capital maintenance item eligible under section 90) of the Federal Transit Act; as amended, 49 U.S.C. app. § 16074), provided that the Grant Recipient first certifies in writing to the Government that: (1) such manufacturer or supplier is the only source of such item, and (2) the price of such item is no higher than the price paid for such item by like customers; and provided that the Grant Recipient complies with applicable Buy America statutory and regulatory requirements. e. Section 15 Reporting_ Requirements. For each fiscal year, the Grant Recipient agrees to conform, and assures that any mass transportation operator to which the Grant Recipient provides funds derived under section 9 of the Federal Transit. Act; as amended, 49 U.S.C. app. § 1607a, will conform, to the reporting system and the uniform system of accounts and records required by section 15 of the Federal Transit Act, as amended, 49 U.S.C. app. § 1611, and FTA regulations, "Uniform System of Accounts and Records and Reporting System," 49 C.F.R. Part 630. Page 3 rte, i £ Annual Report on Advertising and Concession Revenues. The Grant Recipient agrees to submit an annual report to FTA on advertising and concession revenues and sales. The Grant Recipient may satisfy this requirement by submitting the necessary data in its quarterly financial reports. g. Transit Security. Each fiscal year, the Grant Recipient agrees to spend for transit security projects at least one percent of its funds derived from section 9 of the Federal Transit Act, as amended, 49 U.S.C. § 1607a, unless the Grant Recipient has certified to FTA that such expenditures are not necessary. h. Use of FTA Funds for Operating Assistance Projects. Provided that the applicable operating assistance limitation is not exceeded, section 9 assistance provided under this Grant Agreement for operating assistance may be applied to the Net Project Cost of the Grant Recipient's operating expenses incurred during the project time period specified in the Approved Project Budget. Section 8. Project Management Plan for Major Capital Projects. For each major capital project, the Grant Recipient agrees to implement a project management plan, as approved by the Government, in accordance with the requirements of section 23 of the Federal Transit Act, as amended, 49 U.S.C. app. § 1619, and applicable implementing regulations that may be issued thereunder. Section 9. The Grant A,ereement. a. This Grant Agreement consists of two parts: this Part I of II, "Notification of Grant Approval and General Provisions," Form FTA 3 &9(C), December 1993; and Part H of II, "Federal Transit Administration Agreement, Terms and Conditions," Form FTA II(C), December 1993. The. latest Approved Project Budget is incorporated herein by reference and made part of this Grant Agreement. Should the Federal assistance award letter include special conditions for the Project or the projects in this Program, that letter is incorporated herein by reference and made part of this Grant Agreement. b. An amendment to any of these documents shall require a formal amendment to this Grant Agreement, except that a re- allocation of funds among budget items or fiscal years without increasing the total amount of the Federal financial assistance awarded may be made in accordance with all applicable FTA circulars and regulations.. Any amendment granting additional financial assistance shall require the issuance of anew Approved Project Budget. Section 10. Execution of the Grant Agreement. This Grant Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original Page 4 having identical legal effect. After the Notification of Grant. Approval has been signed by the Government, this Grant Agreement should be executed by the Grant Recipient. The Government may withdraw its obligation to provide this financial assistance if the Grant Agreement is not executed within ninety (90) days after the Obligation Date. The effective date of the Grant Agreement shall be the Obligation Date. The effective date of any Amendment shall be the Obligation Date for that Amendment. The Grant Recipient does hereby ratify and adopt all statements, representations, warranties, covenants, and materials submitted by it and does hereby accept the Government's award of Federal financial assistance and agrees to all of the terms and conditions of this Grant Agreement. Executed this loth day of January , l9 94 ATTEST: BY�G�`y`� im Condo Asst. City Clerk City Clerk,.City of San Luis Obispo TITLE AND ORGANIZATION Page 5 Public Works Director, City of San Luis Obisp TITLE AND ORGANIZATION I, Jeff Jorgensen ,, acting as Attorney for the Grant Recipient do hereby certify that I have examined this Grant Agreement and have ascertained that execution of the Grant Agreement was authorized on the date of Mag4, 1993, 1 993 . A copy of this authorization is attached or has previously been submitted to FTA. The execution of this Grant Agreement and the proceedings taken by the Grant Recipient are in all respects due and proper and in accordance with applicable State and local law. I fin-ther certify that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Grant Recipient in accordance with the terns thereof and certify that, to the best of my knowledge, there is no legislation or litigation pending or threatened which might adversely affect the performance of the Project in accordance with the terms of this Grant Agreement. Dated this —24Lr day of 191�—. City Attorney, City of San Luis Obispo TITLE AND ORGANIZATION Page 6 I City Attorney, City of San Luis Obispo TITLE AND ORGANIZATION Page 6 i i 1 1 ' ' IM.4 1.4 .1 1'4 Section 9 of the Federal Transit Act, as amended; requires designated.recipient to enter into formal agreements for projects not carried out directly by the Designated Recipient. The Grant Recipient under this Grant Agreement not a Designated Recipient.. Therefore, the Designated Recipient, in accordance with the Federal Transit Act, as amended, hereby agrees to permit the Grant Recipient under this Grant Agreement to receive and dispense the Federal funds described in this Grant Agreement: The Designated Recipient further agrees that the Grant Recipient shall assume all responsibilities set forth in this Grant Agreement. a is The Government and the Grant Recipient under this Grant Agreement hereby agree that the Designated Recipient is not in any manner subject to or responsible for the terms and Condit -ions of this Grant Agreement and is a party to this Grant Agreement only to assign to the .Grant Recipient the right to receive and dispense Federal funds as described above. JAN 0 5 1994 Fe erai Transit , ist ation Date - - __- De_' na d ecipient 0.r Dat el Grant Recipient Dat Page 7 APPROVAL DATE �` -� APPROVED PROJECT BUDGET PAGE 1 01/05/94 GRANTEE: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO, CALIFORNIA GRANT NO.: CA -90- X578 -00 BUDGET NO.: 01 FEDERAL AMOUNT TOTAL AMOUNT SCOPE 111 -30 BUS - ROLLING STOCK ......................$ 468,000 $ 560,000 ACTIVITY 11.13.01 BUY 40 -FT CNG BUS FOR $ 468,000 $ 560,000 EXPANSION (STP) QUANTITY: 2 SCOPE 113 -30 BUS - STATION /STOPS /TERMINALS ............. $ 202000 $ 259000 ACTIVITY 11.33.10 CONSTRUCT PASSENGER AMENITIES $ 20,000 $ 25,000 SCOPE 7779500 $ 9259000 114 -20 BUS SUPPORT EQUIP /FACILITIES .............$ 157,500 $ 175,000 QUANTITY: 7 430,486 $ 8602972 ACTIVITY 11.42.43 WHEELCHAIR LIFTS $ 157,500 $ 175,000 QUANTITY: 7 4111123 114 -30 BUS SUPPORT EQUIP /FACILITIES .............$ 132,000 $ 165,000 ACTIVITY 11.43.02 MAINTENANCE FACILITY EXPANSION $ 1327000 $ 165,000 TOTAL CAPITAL ..... ..............................$ 7779500 $ 9259000 SCOPE 300 -90 OPERATING ASSISTANCE ..........:..........$ 430,486 $ 8602972 ACTIVITY 30.09.00 OPERATING ASSISTANCE FOR THE $ 430,486 $ 860,972 PERIOD 7/7/93 THRU 6/30/94 TOTAL ............ ..............................$ 19207,986 $ 19785,972 ESTIMATED NET PROJECT COST $ 19785,972 FEDERAL SHARE $ 17207,986 LOCAL SHARE $ 5772986 APPROVAL DATE APP-ROVED PROJECT BUDGET PAGE 2 01/05/94 GRANTEE: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO, CALIFORNIA GRANT NO.: CA -90- X578 -00 BUDGET NO.: 01 SOURCES OF FEDERAL FINANCIAL ASSISTANCE FUNDING UZA: 060000 FUNDING UZA NAME: CALIFORNIA ACCOUNTING PREVIOUSLY AMENDMENT CLASSIFICATION FPC DESCRIPTION APPROVED AMOUNT TOTAL 94.61.90.AZ.2 00 FY 1994, SEC 9K $ 0 $ 468,000 $ 468,000 CAPITAL 93.21.90.91.1 04 FY 1993, SEC 9 $ 0 $ 4309486 $ 430,486 OPERATING 92.37.90.95.2 00 FY 1992, SEC 9B $ 0 $ 309,500 $ 309,500 CAPITAL SUB TOTAL: $ 0 $ 1,207,986 $ 11207,986 W'I UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FEDERAL TRANSIT ADMINISTRATION AGREEMENT PART II OF II TERMS AND CONDITIONS For Mass Transportation Projects financed under the Federal Transit Act, as amended, 49 U.S.C. app. §§ 1601 et Mg.; under Title 23, U.S.C. (Highways); or under other provisions of the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102 -240; Dec. 18, 1991 Form FTA II(C) December 1993 \1 TABLE OF CONTENTS Section101. Definitions .....:.....:......:........:...................::.....:.................. ..............................1 Section 102. Accomplishment of the Project .......................................... ..............................2 a. General Requirements .................,.................................. ..............................2 b. Application of Federal, State, and Local Laws and Regulations ....................3 c. Funds of the Recipient .................................................. ............................... 3 d. Changed Conditions of Performance (Including Litigation ) .......................... 3 e. No Government Obligation to Third Parties ................... ..............................4 Section103. Ethics ................................................................................ .....:........................4 a. Code of Ethics ............................................................... ..............................4 b. Interest of Members of or Delegates to Congress ........... ..............................5 c. Bonus or Commission .................................................... ..............................5 d. Prohibition Against the Use of.Federal Funds for Lobbying ..........................5 e. Employee Political Activity ............................................ ..............................5 f. False or Fraudulent Statements or Claims ...................... ............................... 5 Section 104. Project Budget ................................................................. ............................... 5 Section 105. Accounting Records ............................,............................. ..............................5 a. Project Accounts .................................:........................ ............................... 5 b. Funds Received or Made Available for the Project ........ ............................... 6 c. Documentation of Project Costs and Program Income .. ............................... 6 d. Checks, Orders and Vouchers ...................................... ............................... 6 Section 106. Record Retention ............................................................ ............................... 6 a. Submission of Proceedings, Contracts, and Other Documents ..................... 6 b. Audit and Inspection..::......., ......... :......... :..................................................... 6 Section107. Payments ....:...............::..................................................... .,....:..................:...7 a. Request by the Recipient for Payment ........................... ............................... 7 b. Payment by the Government ......................................... ............................... 7 c. Allowable Costs ........................................................... ............................... 9 d. Bond Interest and Other Financing Costs ..::.................... .................:...........10 e. Disallowed Costs ....:....................................................... .............................10 f. Excess Payments, Disallowed Costs, and Claims (Including Interest) ............. 11 g. De- obligation of Funds ........................................... ............................... •.....11 Section 108. Right of the Government to Terminate ............................. ............................... 11 Section 109. Project Completion, Audit, Settlement, and Closeout ....... ............................... 12 a. Project Completion .........................:.........:...................... ..........:..:...............12 b. Audits ........................................................................:. ............................... 12 c. Remittance of Excess Payments, .............:...............:....... ........... ........:..........12 d. Project Closeout .......................................................:..... .............................12 Section 110. Real Property, Equipment, and Supplies ............................. .............................12 a. Use of Property ............................................................ ................:.............. 12 b. General Federal Requirements ........................................ .............................12 c. Maintenance ................................................................... .............................13 d. Records .......................................................................... .............................13 e. Transfer of Project Property ......................................... ............................... 13 f. Withdrawn Property ........................................................ ........... ........ ..........13 g. Misused or Damaged Property ..................................... .........................:..... 14. h. Obligations After Project Closeout ............................... ............................... 14 Section 111. Encumbrance of Project Property ...............:.................... ............................... 14 Section 112. Relocation and Land Acquisition ...................................... ............................... 15 Section 113. Flood Hazards .................................................................... .............................15 Section 114. Procurement ....................................................................... .............................15 a. Federal Standards ........................................................... .............................15 b. Exclusionary or Discriminatory Specifications .............. ............................... 15 c. Award to Other Than the Lowest Bidder ........................ .............................15 d. Force Account .........:.............:..................................... ......:......4.. ................ 15 e. Capital Leases .............................................. : ............ : ............ :...................... 15 f. Buy America ..................................................:................ .............................15 g. Cargo Preference — Use of United States -Flag Vessels ... .............................16 h. Preference for Recycled Products ................................... .............................16 i. Project Management Oversight ........................................ .............................16 j. Bus Testing ..................................................................... .............................16 k. Pre -Award and Post - Delivery Audit ............................. ............................... 16 1. Notification Requirement .............................................. ............................... 17 m. Debarment and Suspension ...............................:............. .............................17 n. Third Party Contract Disputes or Breaches ..................... .............................17 Section 115. Patent Rights ...................................................................... .............................17 Section 116. Rights in Data and Copyrights ............................................ .............................18 Section117. Civil Rights ...................................................................... ............................... 19 a. Equal Employment Opportunity ................................... ............................... 19 b. Disadvantaged Business Enterprise .............................. ............................... 20 c. Title VI of the Civil Rights Act of 1964 ....................... ............................... 21 d. Access Requirements for Individuals with Disabilities .. ............................... 21 Section 118. Construction Contracts .................................................... ............................... 22 a. Nondiscrimination ..............:...::..........:........................ ............................... 22 b. Specifications ................................................................. ....:........................25 c. Notice ....................................................................:..... ............................... 32 d. Seismic Requirements .................................................. ............................... 33 e. Contract Security ......................................................... ............................ . .. 33 f. Liquidated Damages ..................................................... ............................... 33 g. Safety Standards ............................................................. .............................34 h. Insurance During Construction ..................................... ............................... 34 i. Signs ...........................................:..............::.................. .............................34 Section 119. Labor Provisions .............................................................. ............................... 34 a. Construction Contracts ................................................... ..........:..................34 b. Suspended Davis - Bacon Provision .................................. .............................43 n c. Nonconstruction Contracts ........................................... ............................... 44 d. State and Local Government Employees ......................... .............................45 Section 120. Environmental, Resource Conservation, and Energy Requirements .................. 45 a. Environmental Protection ............................................ ............................... 45 b. Air Quality ................................................................... ............................... 46 c. Use of Public Lands ..................................................... ............................... 46 d. Historic Preservation ................................................... ............................... 46 e. Energy Conservation .................................................... ............................... 46 f. Mitigation of Adverse Environmental Effects ................ ............................... 46 Section 121. Charter Service Operations .............................................. ............................... 47 Section 122. School Bus Operations .................................................... ............................... 47 Section 123. Private Enterprise ............................................................... .............................47 Section124. Metric System. ................................................................................................ 48 Section125. Privacy ............................................................................... .............................48 Section 126. Substance Abuse .............................................................. ............................... 49 Section 127. State Safety Oversight of Rail Fixed Guideway Public Systems ....................... 49 Section 128. Severability ...................................................................... ............................... 49 Section 114.8, 117.b, 118.x, 118.b, 118.c, 119.a, 119.b, and 119.c contain specific language that must be included in the Recipient's third party contracts. Although other sections of this Agreement may not contain specific language that must be included in third party contracts, many sections do contain requirements applicable to subrecipients and third party contractors. iii DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION AGREEMENT PART Il OF 11- TERMS AND CONDITIONS Constituting part of the AGREEMENT providing Federal financial assistance under the Federal Transit Act, as amended, 49 U.S.C. app. §§ 1601 g M.; Title 23 U.S.C. (Highways); the National Capital Transportation Act of 1969, as amended; or the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102 -240, Dec. 18, 1991 Section 101. Definitions. As used in this Agreement: a. Agreement means any Grant Agreement or Cooperative Agreement. b. Annlication means the signed and dated proposal for Federal financial assistance, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with and accepted or approved by the Government (FTA) by or on behalf of the Recipient. c. Approval. Authorization. Concurrence. Waiver means a conscious written act by an authorized official of the Government granting permission to the Recipient to perform or omit an action required pursuant to this Agreement, which action may not be performed or omitted without such permission. An approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions unless such permission is clearly stated. Oral permission or interpretations have no legal force or effect. d. Approved Project Budd means the most recently dated statement, approved by the Government, of the estimated total cost of the Project or Program, the items to be deducted from such total in order to calculate the estimated Net Project Cost, the maximum amount of Federal assistance for which the Recipient is currently eligible, the specific items (including contingencies specified) for which the total may be spent, and the estimated cost of each of such items. e. Federal Transit Act. as amended, is the statutory designation of the former Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. app. § 1601 note. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Act of 1964, as amended, shall be deemed a reference to the Federal Transit Act, as amended. f. Federal Transit Administration is the statutory designation of the former Urban Mass Transportation Administration, 49 U.S.C. app. § 1601 note. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed a reference to the Federal Transit Administration. Page 1 0 0 g. Federal Transit Administrator is the statutory designation for the Urban Mass Transportation Administrator, 49 U.S.C. app. § 1601 note. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administrator shall be deemed a reference to the Federal Transit Administrator. h. FTA is the acronym for the Federal Transit Administration of the U.S. Department of Transportation (U.S. DOT). FTA replaces the acronym "UMTA." i. FTA Directive includes FTA circulars, notices, or orders providing information about FTA's programs, application processing procedures, and project management guidance. In addition to FTA directives, certain U.S. DOT directives also apply to the Project. j. Government means the United States of America and any executive department or agency thereof k. Mass Transportation means transportation by bus, rail, or other conveyance, either publicly or privately owned, that provides general or special transportation service (but not school bus, charter or sightseeing service) to the public on a regular and continuing basis. The term "mass transportation" also includes "transit" and "public transportation." 1. Proiect means the task or set of tasks set forth in the Approved Project Budget, which the Recipient carries out pursuant to this Agreement. In the case of financial assistance under sections 9, 16, or 18 of the Federal Transit Act, as amended, the term "Project" encompasses both "Program" and "each Project within the Program," as the context may require, to effectuate the particular requirements of this Agreement. m. Recipient means any entity that receives Federal assistance directly from FTA for the accomplishment of the Project. The term "Grant Recipient" means "Grantee." n. Secretary means the U.S. DOT Secretary, including his or her duly authorized designee. o. Subrecipient means any entity that receives FTA assistance from an FTA recipient, rather than from FTA directly. The term "subrecipient" also includes the term "subgrantee," but does not include "third party contractor." p. U.S. DOT is the acronym for the U.S. Department of Transportation including its operating administrations. Section 102. ,Accomplishment of the Project. a. General Requirements. The Recipient agrees to carry out the Project in accordance with the terms of this Agreement, the Application, Approved Project Budget; Project or Program schedules, and all applicable laws, regulations, FTA directives, and published policies. U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to Page 2 � 1 State and Local Governments" (common grant management rule), 49 C.F.R. Part 18, apply to Projects with governmental bodies. Office and Management Budget (OMB) Circular A -110, Revised, "Uniform Administrative Requirements for Grants and Agreements with Institutions of higher Education, Hospitals, and Other Nonprofit Organizations," and any implementing regulations that U.S. DOT may promulgate, apply to Projects with institutions of higher education and private nonprofit organizations. A Recipient that is a private for -profit organization agrees that the terms of OMB Circular A -110, and any implementing DOT regulations, apply to its grants and cooperative agreements with FTA- b. Application of Federal. State. and Local Laws and Regulations. (1) Federal Laws and Regulations. The Recipient understands that Federal laws, regulations, policies, and related administrative practices applicable to this Agreement on the date the Agreement was executed may be modified from time to time. The Recipient agrees that the most recent of such Federal requirements will govern the administration of this Agreement at any particular time, except if there is sufficient evidence in the Agreement of a contrary intent. Such contrary intent might be evidenced by express language in Part I of this Agreement, or a letter signed by the Federal Transit Administrator, the language of which modifies or otherwise conditions the text of a particular provision of Part H of this Agreement. Likewise, new Federal laws, regulations, policies, and administrative practices may be established after the date the Agreement has been executed and may apply to this Agreement. To achieve compliance with changing Federal requirements, the Recipient agrees to include in all agreements with subrecipients and third party contracts financed with FTA assistance specific notice that Federal requirements may change and the changed requirements will apply to the project as required. All standards or limits set forth in this Agreement to be observed in the performance of the Project are minimum requirements. (2) State or Territorial Law and Local Law. Except to the extent that a Federal statute or regulation preempts State or territorial law, nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision thereot perform any other act, or do any other thing in contravention of any applicable State or territorial law, however, if any of the provisions of the Agreement violate any applicable State or territorial law, or if compliance with the provisions of the Agreement would require the Recipient to violate any applicable State or territorial law, the Recipient agrees to notify the Government (FTA) immediately in writing in order that the Government and the Recipient may make appropriate arrangements to proceed with the Project as soon as possible. c. Funds of the Recipient. Except as approved otherwise by FTA, the Recipient agrees to complete all proceedings necessary to provide the local share of the Project costs at or before the time that such funds are needed to meet Project expenses. d. Changed Conditions of Performance (Including Litigation). The Recipient agrees to notify the Government (FTA) immediately of any change in local law, conditions, or any other event that may significantly affect its ability to perform the Project in accordance with the terms of this Agreement. In addition, the Recipient agrees to notify the Government (FTA) immediately of any Page 3 decision pertaining to the Recipient's conduct of litigation that may affect the Government's interests in the Project or the Government's administration or enforcement of applicable Federal laws or regulations; Before the Recipient may name the Government as a party to litigation for any reason, the Recipient agrees to inform the Government; this proviso applies to any type of litigation whatsoever, in any forum. e. No Government Obligations to Third Parties. Absent the Government's express written consent, and notwithstanding any concurrence by the Government in or approval of the award of any contract of the Recipient (third party contract) or subcontract of the Recipient (third party subcontract) or the solicitation thereof the Government shall not.be subject to any obligations or liabilities to third party contractors or third party subcontractors or any other person not a party to this Agreement in connection with the performance of this Project. Section 103.. Ethics. a. Code of Ethics. The Recipient agrees to maintain a written code or standards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts supported by Federal funds. The code or standards shall provide that the Recipient's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors or anything of monetary value from present or potential contractors or subrecipients. The Recipient may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. As permitted by State or local law or regulations, such code or standards shall provide for penalties, sanctions, or other disciplinary actions for violations by the Recipient's officers, employees, board members, or agents, or by contractors or subrecipients or their agents. (1) Personal Conflict of Interest. The Recipient's code or standards must provide that no employee, officer, board member, or agent of the Recipient may participate in the selection, award, or administration of a contract supported by Federal.funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: (a) The employee, officer, board member, or agent; (b) Any member of his or her immediate family; (c) Ids or her partner, or (d) An organization that employs, or is about to employ, any of the above. (2) Organizational Conflicts of Interest. The Recipient's code or standards of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interests. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract may, without some restrictions on future activities, result in an unfair competitive advantage to the contractor or impair the contractor's objectivity in performing the contract work. Page 4 b. Interest of Members of or Delegates to Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Project or to any benefit therefrom c. Bonus or Commission. The Recipient warrants that it has not paid, and agrees not to pay, any bonus or commission for the purpose of obtaining approval of its application for financial assistance for this Project. d. Prohibition Against the Use of Federal Funds for Lobbying. The Recipient: agrees to comply with the provisions of 31 U.S.C. § 1352, which prohibit the use of Federal funds for lobbying any official or employee of any Federal agency, or member or employee of Congress; and requires the Recipient to disclose any lobbying of any official or employee of any Federal agency, or member or employee of Congress in connection with Federal assistance. The Recipient agrees to comply with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20. e. Employee Political Activity. The terms of the "Hatch Act," 5 U.S.C. §§ 1501 through 1508, and Office of Personnel Management regulations, "Political Activity of State or Local Officers or Employees," 5 C.F.R Part 151, apply to State and local agencies and their officers and employees to the extent covered by the statute and regulations. The "Hatch Act" restricts the political activity of an individual principally employed by a State or local executive agency in connection with a program financed in whole or in part by Federal loan, grant, or cooperative agreement. However, the "Hatch Act" does not apply to a nonsupervisory employee of a transit system (or of any other agency or entity performing related functions) receiving FTA assistance to whom the "Hatch Act" is otherwise inapplicable. f. False or Fraudulent Statements or Claims. The Recipient acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Government in connection with this Project, the Government reserves the right to impose on the Recipient the penalties of 18 U.S.C. § 1001, 31 U.S.C. §§ 3801 et_sr4., and 49 U.S.C. app. § 1607a(h), as the Government may deem appropriate. The terms of U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R Part 31, apply to this Project. Section 104. Project Budget. The Recipient agrees to prepare and maintain a Project Budget. The Recipient agrees to incur obligations against and make disbursements of Project funds only as authorized in the latest Approved Project Budget. The Approved Project Budget may be revised to the extent permitted by and in conformance with applicable Government requirements: Section 105. Accounting, Records. a. Project Accounts. The Recipient agrees to establish and maintain for the Project either a separate set of accounts or accounts within the framework of an established accounting system, in Page 5 M a manner consistent with 49 C.F.R. § 18.20, or OMB Circular A -110, Revised, whichever is applicable. b. Funds Received or Made Available for the Project. Consistent with the provisions of 49 C.F.R § 18.21, or OMB Circular A -1.10, Revised, whichever is applicable, the Recipient. agrees to record in the ProjectAccount, and deposit in a financial institution all Project payments received by it from the Government pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project (Project Funds). The Recipient is encouraged to use financial institutions owned at least 50 percent by minority group members. c. Documentation of Project Costs and Program Income. All costs charged to the Project, . including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Recipient also agrees to maintain accurate records of all Program Income derived from Project implementation; this requirement, however, does not apply to income of the Recipient that is determined by the Government to be private. d. Checks. Orders. and Vouchers. The Recipient agrees to refrain from drawing checks or orders for goods or services to be charged against the Project Account until it has on file in its office a properly signed voucher describing in proper detail the purpose of the expenditure. The Recipient agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate from documents not pertaining to the Project. Section 106. Record Retention. a. Submission of Proceedings. Contracts. and Other Documents. During the course of the Project and for three years thereafter, the Recipient agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as the Government may require. Reporting and record - keeping requirements for governmental recipients are set forth in 49 C.F.R. Part 18. Reporting and record - keeping requirements for private nonprofit and for -profit recipients, are set forth in OMB Circular A -110. Project closeout does not alter these requirements. b. Audit and Inspection. (1) General Audit Requirements. A Recipient that is a State, local government or Indian tribal government agrees to comply with the audit requirements of 49 C.F.R. § 18.26 and OMB Circular A -128, and any revision or supplement thereto. A Recipient that is an institution of higher education or nonprofit organization agrees to comply with the audit requirements of OMB Circular A -110, Revised, and OMB Circular A -133, and any revision or supplement thereto. A Recipient that is a private for -profit organization agrees to comply with the audit requirements of OMB Circular A -133. The Government may waive the OMB Circular A -128 audit requirement or substitute a requirement for a project audit performed in accordance with,the Comptroller Page 6 General's standards. The Recipient agrees to obtain any other audits required by the Government. Project closeout will not alter the Recipiem's audit responsibilities. Audit costs for Project administration and management are allowable under this Project to the extent authorized by ONE Circular A -87, Revised; OMB Circular A -21, Revised; or OMB Circular A -122, Revised. (2) Inspection by Federal Officials. The Recipient agrees to permit the Secretary and the Comptroller General of the United States, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Recipient and its contractors pertaining to the Project. The Recipient agrees to require each third party contractor whose contract award is not based on competitive bidding procedures as defined by the Secretary to permit the Secretary of Transportation and the Comptroller General of the United States, or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and. records involving that contract, and to audit the books, records, and accounts involving that contract as it affects the Project. Section 107. Pa en a. Rgquest by the Recipient for Payment. The Recipient's request for payment of the Federal share of allowable costs will be honored by the Government as set forth in this section of the Agreement. Each payment made to the Recipient must comply with Department of the Treasury regulations, "Rules and Procedures for Funds Transfers," 31 C.F.R Part 205. To receive a Federal assistance payment, the Recipient must: (1) Have demonstrated or certified that it will provide local funds adequate, when combined with Federal payments, to cover all costs to be incurred under the Project. A Recipient required by Federal statute or this Agreement to provide a local share agrees to refrain from (a) requesting or obtaining Federal funds in excess of the amount justified by the local share that has been provided; and (b) taking any action that would cause the proportion of Federal funds made available to the Project at any time to exceed the percentage authorized under the Agreement. A Recipient may defer provision of the local share only to the extent expressly permitted by the Government. (2) Have submitted to the Government (FTA) all financial and progress reports required to date under this Agreement; and (3) Have identified the source(s) of financial assistance provided under this Project or Program from which the payment is to be derived. b. Payment by the Government. The Government (FTA) makes all payments by the Automated Clearing House (ACH) method of payment, regardless of the money amount,involved. (1) Electronic Clearing House Operation (ECHO) Payments. If payment is made under the Electronic Clearinghouse Operation (ECHO), by means of an ECHO Control Number (ECN), the Recipient agrees to comply with the following ECHO requirements pursuant to U.S. Department Page 7 O i �) of the Treasury Circular 1075, Part 205, "Withdrawal of Cash from the Treasury for Advances Under Federal Grants and Other Programs," and as established by the "Guidelines for Disbursements" set forth in the Government (FTA) ECHO System Operations Manual: (a) The Recipient may draw down cash only when actually needed for immediate disbursement required for Project purposes. Unless provided otherwise by Federal law or regulation, the Recipient agrees to expend all Federal funds obtained under the Project for Project purposes no later than three (3) days after receipt of those funds. Failure to expend those Federal funds within three (3) days of their receipt or to return the funds to the Government within a reasonable period, the failure by the Recipient to establish procedures that will minimize the time elapsing between cash advances and the disbursement shall cause the Government to revoke or temporarily suspend the Recipient's ECHO Control Number and the Recipient's access to the ECHO System. In addition, a Recipient's failure to adhere to these requirements may result in other remedies authorized by Federal law or regulation. (b) The Recipient agrees to report its cash disbursements and balances in a timely manner as required by the Government. (c) The Recipient agrees to provide for control and accountability for all Project funds consistent with Federal.requirements and procedures for use of ECHO system. (d) The Recipient may not draw down funds for a project in an amount that would exceed the sum obligated by the Government or the current available balance for that Project. (e) The Recipient agrees to draw down funds only for eligible Project costs. (f) The Recipient agrees to refrain from drawing down Federal assistance funds before they are needed for disbursement. If it should draw down funds prematurely, the Recipient agrees to remit interest to the Government irrespective of whether it has deposited those funds in an interest - bearing account. The standards for determining the amount of interest due are set forth below: 1. A Recipient that is a state or state instrumentality will remit interest as required by Department of Treasury regulations, "Rules and Procedures for Funds Transfers," 31 C.F.R Part 205.. 2. A Recipient that is not a state or state instrumentality will remit interest based on rates imposed by the U.S. Secretary of the Treasury, beginning on the fourth day after the funds were deposited in the Recipient's bank or other financial depository, unless the Government waives its right to that interest.. (g) The Recipient agrees to adhere to and impose on its subrecipients all applicable requirements of Part II, Subsections 107.b(1)(a), (b), (c), (d), (e), and (f) of this Agreement. Page 8 (h) If the Recipient fails to adhere to the requirements of Part II, Subsections 107.b(1)(a), (b), (c), (d), (e), or (f) of this Agreement, the Government may revoke the portion of the Recipient's funds that has not been obligated. (2) Requisition. If the requisition method of payment is used, the Recipient agrees to: (a) Complete and submit Standard Form 3881, "Payment Information Form - ACH Payment Vendor Payment System," to FTA's Accounting Division. (b) Complete and submit Standard Form 270, "Request for Advance or Reimbursement," to the designated FTA office. Upon receipt of a payment request and adequate accompanying information, the Government will authorize payment by direct deposit if the Recipient is complying with its obligations under this Agreement; has satisfied the Government that it needs the requested Federal funds during the requisition period, and is making adequate and timely progress toward Project completion. If all these circumstances are present, the Government may reimburse apparent allowable costs incurred (or to be incurred during the requisition period) by the Recipient up to the maximum amount of Federal funds payable through the fiscal year in which the requisition is submitted, as stated in the Project Budget. c. Allowable Costs. The Recipient's expenditures will be reimbursed if they meet all requirements set forth below: (1) Conform with the Project Description and the Approved Project Budget and all other terms of this Agreement; . (2) Be necessary in order to accomplish the Project, (3) Be reasonable for the goods or services purchased; (4) Be actual net costs to the Recipient (i.e., the price paid minus any refunds, rebates, or other items of value received by the Recipient that have the effect of reducing the cost actually incurred, excluding Program Income); (5) Be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from the Government to the contrary is received; (6) Unless permitted otherwise by Federal statute or regulation, conform with Federal guidelines or regulations and Federal cost principles as set forth below; (a) For Recipients that are governmental organizations, the standards of OMB Circular A -87, Revised, "Cost Principles for State and Local Governments" apply, Page 9 V (b) For Recipients that are institutions of higher education, the standards of OMB Circular A -21, Revised, "Cost Principles for Educational Institutions" apply, (c) For Recipients that are private nonprofit organizations, the standards of OMB Circular A -122, Revised, "Cost Principles for Nonprofit Organizations" apply; (d) For Recipients that are for -profit organizations, the standards of the Federal Acquisition Regulation, 48 C.F.R Chapter I, Subpart 31.2, "Contracts with Commercial Organizations" apply, (7) Be satisfactorily documented; and (8) Be treated uniformly and consistently under accounting principles and procedures approved and prescribed by the Government for the Recipient; and those approved or prescribed by the Recipient for its contractors. d. Bond Interest and Other Financing Costs. To the extent permitted in writing by FTA, bond interest and other financing costs are allowable. e. Disallowed Costs. In determining the amount of Federal assistance FTA will provide, FTA will exclude: (1) Any Project costs incurred by the Recipient before the Obligation Date of this Agreement or Amendment thereof, whichever is later, unless otherwise permitted by Federal law or regulation, or unless an authorized representative of the Government states in writing to the contrary, (2) Any costs incurred by the Recipient that are not included in the latest Approved Project Budget; and (3) Any costs attributable to goods or services received under a contract or other arrangement that is required to be, but has not been, concurred in or approved in writing by the Government. The Recipient agrees that reimbursement of any cost under Part H, Section 107 of this Agreement does not constitute a final Government decision about the allowability of that cost and does not constitute a waiver of any violation by the Recipient of the terms of this Agreement. The Recipient understands that the Government will not make a final determination about the allowability of any cost until an audit of the Project has been completed. If the Government determines that the Recipient is not entitled to receive any part of the Federal funds requested, the Goverment will notify the Recipient stating the reasons therefor. Project closeout will not alter the Recipient's obligation to return any funds due to the Government as a result of later refunds, corrections, or other transactions. Nor will Project closeout alter the Government's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by law, the Government may recoup any Federal assistance funds to be made available under this Project as needed to satisfy any outstanding monetary claims that the Government may have Page 10 against the Recipient. Exceptions pertaining to disallowed costs are set forth in FTA directives or in other written Federal guidance. f. Excess Payments. Disallowed Costs. and Claims (Including Interest). (1) Upon notice by the Government to the Recipient of specific amounts due, the Recipient agrees to remit to the Government promptly any excess payment of amounts, disallowed costs, or claims, including any interest due thereon. (2) The Recipient agrees that it will pay interest as assessed by FTA on excess payments, disallowed costs, or claims arising in connection with the Project as follows: (a) A Recipient that is a state, state instrumentality, or unit of general local government agrees that FTA may impose common law prejudgment interest on the Recipient's underlying debt. (b) A Recipient other than a state, state instrumentality, or a unit or local government agrees that interest on the underlying debt will be calculated in accordance with the Debt Collection Act of 1982, as amended, 31 U.S.C. § 3717. g. De- obligation of Funds. The Government reserves the right to de- obligate unexpended Federal funds prior to Project closeout. Section 108. Right of the Government to Terminate. Upon written notice, the Recipient agrees that the Government may suspend or terminate all or part of the financial assistance provided herein if the Recipient has violated the terms of this Agreement, or if the Government determines that the purposes of the statute under which the Project is authorized would not be adequately served by continuation of Federal financial assistance for the Project. Any failure to make reasonable progress on the Project or other violation of the Agreement that significantly endangers substantial performance of the Project shall provide sufficient grounds for the Government to terminate this Agreement. In general, termination of any financial assistance under this Agreement will not invalidate obligations properly incurred by the Recipient and concurred in by the Government before the termination date, to the extent those obligations cannot be canceled. However, if the Government determines that the Recipient has willfiilly misused Federal assistance funds by failing to make adequate progress, failing to make reasonable use of the Project real property, facilities, or equipment, or failing to adhere to the terms of this Agreement, the Government reserves the right to require the Recipient to refund the entire amount of Federal funds provided under this Agreement or any lesser amount as may be determined by the Government. Expiration of any Project Time Period established for this Project does not, by itself, constitute an expiration or termination of this Agreement. Page 11 0 O Section 109. Project-Completion. Audit. Settlement. and Closeout. a. Project Completion. Within 90 days of the Project completion date or termination by the Government, the Recipient agrees to submit a final Financial Status Report (Standard Form 269), a certification or summary of Project expenses, and third party audit reports, as applicable: b. Audits. Each Governmental Recipient agrees to undertake the audits required by 49 C.F.R § 18.26 and OMB Circular A -128 or any revision or supplement thereto. Each Nongovernmental Recipient covered agrees to undertake the audits required by OMB Circular A -133 or any revision or supplement thereto. c. Remittance of Excess Pam. If the Government has made payments to the Recipient in excess of the total amount of the Federal assistance due, the Recipient agrees to promptly remit that excess and interest as may be required by Part M Subsections 107.b and 107.f of this Agreement. d. Project Closeout. Project closeout occurs when the Government notifies the Recipient and forwards the final Federal assistance payment, or when the Government acknowledges the Recipient's remittance of the proper refund. Project closeout shall not invalidate any continuing obligations imposed on the Recipient by this Agreement or by the Government's final notification or acknowledgment. Section 110. Real Property. Equipment. and Supplies. Unless otherwise approved by the Federal Transit Administrator, the following conditions apply to real property, equipment, and supplies financed under this Agreement: a, Use of Property. The Recipient agrees that Project real property, equipment; and supplies shall be used for the provision of transit service for the duration of their useful life, as determined by FTA- Should the Recipient unreasonably delay or fail to use Project real property, equipment, or supplies during their useful life, the Recipient agrees that FTA may require the Recipient to return the entire amount of the Federal assistance expended on that real property, equipment, or supplies. The Recipient finther agrees to notify.FTA immediately when any Project real property or equipment is withdrawn from use in transit service or when real property or equipment is used in a manner substantially different from the representations made by the Recipient in its Application or the text of the Project Description. b. General Federal Requirements. A Recipient that is a governmental entity agrees to comply with the property management standards of 49 C.F.R §§ 18.31, 18.32, and 18.33, including any amendments thereto, and other applicable guidelines or regulations that the Government may issue. A Recipient that is not a governmental entity agrees to comply with OMB Circular A -110, Revised, including any amendments thereto, and other applicable guidelines or regulations that the Government may issue. Exceptions to the requirements of 49 C.F.R §§ 18.31, 18.32, and 18.33, and to OMB Circular A -1.10, Revised, must be specifically approved by the Government. Page 12 c. Maintenance. The Recipient agrees to maintain the Project real property and equipment in good operating order, and in accordance with any guidelines, directives, or regulations that FTA may issue. d. Records. The Recipient agrees to keep satisfactory records with regard to the use of the real property, equipment, and supplies, and submit to the Government upon request such information as may be required to assure compliance with this section of this Agreement e. Transfer of Project Property: (1) Recipient Request. The Recipient may transfer assets financed under the Federal Transit Act; as amended, to a public body to be used for any public purpose with no finther obligation to the Government, provided that transfer is authorized by the Federal Transit Administrator and meets the requirements of section 12(k) of the Federal Transit Act, as amended, 49 U. S.C. app. § 1608(k). (2) Government Direction. The Recipient agrees that the Government may require the Recipient to transfer title to any real property, equipment, or supplies financed with Federal assistance made available by this Agreement as permitted by 49 C.F.R § 18.32(g) or OMB Circular A -110, Revised, whichever may be applicable. The Recipient also agrees that the Government may direct the disposition of real property or equipment financed with Federal . assistance funds made available under this Agreement, as set forth by 49 C.F.R §§ 18.31 and 18.32 or OMB Circular A -110, Revised, whichever may be applicable. f. Withdrawn Property. If any Project real property, equipment, or supplies are not used in transit service for the duration of their useful life as determined by FTA, whether by planned withdrawal, misuse or casualty loss, the Recipient agrees to notify FTA immediately. (1) Federal Interest in Property. Unless otherwise approved by the Government, the Recipient agrees to remit to the Government the Federal interest in the fair market value, if any, of the real property, equipment, or supplies whose aggregate value exceeds $5,000. The amount of that Federal interest shall be determined on the basis of the ratio of the Federal assistance awarded by the Government for the Project to the actual cost of the Project. (2) Fair Market Value. The following requirements apply to the calculation of fair market value: (a) Equipment and Supplies. Unless otherwise approved in writing by FTA, the fair market value of equipment and supplies will be the value of that property at the time immediately before the occurrence that prompted the withdrawal of the equipment or supplies from transit use. The fair market value shall be calculated on straight he depreciation of the equipment or supplies, based on a useful life approved by FTA, irrespective of the reason for withdrawal of equipment or supplies from transit use. The fair market value of equipment or supplies lost or damaged by casualty or fire will be calculated on the basis of the condition of the equipment or supplies immediately before the casualty or fire, irrespective of the extent of insurance coverage. Page 13 o (b) Real Property. The fair market value of real property shall be determined by competent appraisal based on an appropriate date as determined by the Government consistent with the standards of 49 C.F.R Part 24. (c) Exceptional Circumstances. The Government, however, reserves the right to require another method of valuation to be used if determined to be in the best interests of the Government. In unusual circumstances, the Recipient may request that another reasonable method of determining.fair market value be used, including but not limited to accelerated depreciation, comparable sales, or established market values. In determining whether to approve an alternate method, the Government may consider any action taken, omission made, or unfortunate occurrence suffered by the Recipient with respect to the preservation or conservation of the value of the real property, equipment, or supplies that, for any reason, have been withdrawn from service. g. Misused or Damaged _PropM. If any damage to.Project real property, equipment, or supplies results from abuse or misuse that has taken place with the Recipient's knowledge and consent, the Recipient agrees that the Government may require the Recipient to restore that real property or equipment to its original condition or refund the value of the Federal interest in the damaged property. h. Obligations After Project Closeout. A Recipient that is a governmental entity agrees that project closeout will not alter its property management obligations set:forth in Section 110 of this Agreement and 49 C.F.R §§ 18.31 and 18.32. A Recipient that is an.institution of higher education or a private organization agrees that project closeout will not alter its property management obligations set forth in Section 110 of this Agreement and OMB Circular A -110, Revised. Section 111. Encumbrance of ProjectPropertv. a Unless expressly authorized in writing by the Government; the Recipient agrees to refrain from: (1) Executing any transfer of title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation that in any way would affect the Federal interest in any Project real property or equipment; or (2) Obligating itself in any manner to any third party with respect to Project real property or equipment. b. The Recipient agrees to refrain from taking any action or acting in a manner that would adversely affect the Federal interest or impair the Recipient's continuing control over the use of Project real property or equipment. Page 14 Section 112. Relocation and Land Acquisition. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 it M.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R Part 24. Section 113. Flood Hazards. The Recipient agrees to comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U. S.C. § 4012a(a), with respect to any construction or acquisition Project. Section 114. Procurement a. Federal Standards. The Recipient agrees to comply with the Procurement Standards requirements set forth at 49 CY R § 18.36 or OMB Circular A -110, Revised, whichever may be applicable; and with applicable supplementary directives or regulations including FTA Circular 4220.1B and any changes or revisions thereto; and other applicable guidance that FTA or U.S. DOT may issue. If determined necessary for proper Project administration, FTA reserves the right to review the Recipient's technical specifications and. requirements. . b. Exclusionary or Discriminatory SRecifications. The Recipient further agrees that, notwithstanding the Buy America requirements of Part II, Subsection 114.f of this Agreement, no Federal funds shall be used to support procurements utilizing exclusionary or discriminatory specifications. c. Award to Other Than the Lowest Bidder. In accordance with section 120)(3) of the Federal Transit Act, as amended, 49 U.S.C. app. § 16080)(3), a Recipient may award a third party contract to other than the lowest bidder in connection with a procurement, when such award fiuthers objectives that are consistent with the applicable regulations guidance that FTA may issue. d. Force Account. FTA reserves the right to determine the extent of its participation in force account costs. e. Capital Leases. As may be applicable, the Recipient agrees to comply with FTA regulations, "Capital Leases," 49 C.F.R Part 639; and any revision thereto. f. Buy America. Each third party contract utilizing FTA assistance must conform with section 165 of the Surface Transportation Assistance Act of 1982, as amended, FTA regulations, "Buy America Requirements - Surface Transportation Assistance Act of 1982," 49 C.F.R Part 661 and any amendments thereto, and any implementing guidance issued by FTA Page 15 g. Cargo Preference— Use of United States -Flag: Vessels. Pursuant to Maritime Administration regulations, "Cargo Preference -- U.S. -Flag Vessels," 46 C.F.R. Part 381, the Recipient shall insert the following clauses in contracts it awards which equipment, materials or commodities may be transported by ocean vessel in carrying out the Project: AS REQUIRED BY 46 C.F.R PART 381, THE CONTRACTOR AGREES — (1) TO UTILIZE PRIVATELY OWNED UNITED STATES -FLAG COMMERCIAL VESSELS TO SHIP AT LEAST 50 PERCENT OF THE GROSS TONNAGE (COMPUTED SEPARATELY FOR DRY BULK CARRIERS, DRY CARGO LINERS, AND TANKERS) INVOLVED, WHENEVER SHIPPING ANY EQUIPMENT, MATERIALS, OR COMMODITIES PURSUANT TO THIS CONTRACT TO THE EXTENT SUCH VESSELS ARE AVAILABLE AT FAIR AND REASONABLE RATES FOR UNITED STATES -FLAG COMMERCIAL VESSELS. (2) TO FURNISH WITHIN 20 DAYS FOLLOWING THE DATE OF LOADING FOR SHIPMENTS ORIGINATING WITHIN THE UNITED STATES, OR WITHIN 30 WORKING DAYS FOLLOWING THE DATE OF LOADING FOR SHIPMENT ORIGINATING OUTSIDE THE UNITED STATES, A LEGIBLE COPY OF A RATED, "ON- BOARD" COMMERCIAL OCEAN BILL -OF -LADING IN ENGLISH FOR EACH SHIPMENT OF CARGO DESCRIBED IN PARAGRAPH (1) ABOVE TO THE RECIPIENT (THROUGH THE PRIME CONTRACTOR.IN THE CASE OF SUBCONTRACTOR BILLS -OF- LADING) AND TO THE DIVISION OF NATIONAL CARGO, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, 400 SEVENTH STREET, S.W., WASHINGTON, D.C. 20590, MARKED WITH APPROPRIATE IDENTIFICATION OF THE PROJECT. (3) TO INSERT THE SUBSTANCE OF THE PROVISIONS OF THIS CLAUSE IN ALL SUBCONTRACTS ISSUED PURSUANT TO THIS CONTRACT. h. Preference for Recycled Products. The Recipient agrees to give preference to the purchase of recycled products for use in this Project pursuant to various Environmental Protection Agency (EPA) guidelines contained in 40 C.F.R. Parts 247 -254. i. Project Management Oversight. To the extent applicable, the Recipient agrees to comply with FTA regulations, "Project Management Oversight," 49 C.F.R Part 633, and any revision thereto, with respect to a major capital project. j. Bus Testing. To the extent applicable, the Recipient agrees to comply with FTA regulations, "Bus Testing," 49 C.F.R Part 665, and any revision thereto. k. Pre -Award and Post - Delivery Audit. To the extent applicable, the Recipient agrees to comply with FTA regulations, "Pre -Award and Post - Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision thereto. Page 16 1. Notification Requirement. With respect to any procurement for goods and services (including construction services) having an aggregate value of $500,000 or more, the Recipient agrees to: (1) specify in any announcement of the awarding of the contract for such goods or services the amount of Federal funds that will be used to finance the acquisition; and (2) express the said amount as a percentage of the total costs of the planned acquisition. m. Debarment and SuMension. The Recipient agrees to obtain certifications on debarment and suspension from its third party contractors and subrecipients and otherwise comply with U. S. DOT regulations, "Govemmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug -Free Workplace (Grants)," 49 C.F.R. Part 29. n. Third Party Contract Disputes or Breaches. (1) General. The Government has a vested interest in the settlement of any dispute, default, or breach involving any federally assisted third party contract. Therefore the Recipient agrees to pursue all legal rights available under any third party contract. The Government reserves the right to concur in any compromise or settlement of any claim by the Recipient involving any third party contract. (2) Notification Requirement. The Recipient agrees to notify the Government of any current or prospective major dispute, breach, or litigation pertaining to any third party contract. If the Recipient seeks to name the Government as a party to litigation for any reason, the Recipient agrees to inform the Government before doing so; this proviso applies to any type of litigation whatsoever, in any forum.. (3) Federal Interest in Recovery. The Government retains the right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third party recovery. If the third parry contract at issue contains a liquidated damages provision, the Recipient agrees to credit any liquidated damages recovered to the Project account unless the Government permits otherwise. (4) Alternative Dispute Resolution. The Government encourages the Recipient to use alternative dispute resolution, as may be appropriate. Section 115. Patent Rights. a. If any invention, improvement, or discovery of the Recipient or any of its third party contractors is conceived or first actually reduced to practice in the course of or under this Project, s and that invention, improvement, or discovery is patentable under the law of the United States of America or any foreign country, the Recipient agrees to notify FTA immediately and provide a detailed report. The rights and responsibilities of the Recipient, third party contractors and the Page 17 Government with respect to such invention, improvement, or'discovery will be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. b. The Recipient agrees to include the requirements of Part II, Subsection 115.a of this Agreement in its third party contracts for planning, research, development, or demonstration under this Project. Section 116. Rights in Data and Copyrights. a. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to Project administration. b. The following restrictions apply to all subject data first produced in the performance of this Agreement: (1) Except for its own internal use, the Recipient maynot publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient authorize others to do so, without the written consent of the Government, until such time as the Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to Agreements with academic institutions. (2) As authorized by 49 C.F.R § 18.34, the Government reserves a royalty -free, non - exclusive and.irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) Any subject data developed under a .grant, cooperative agreement, subgrant, sub- agreement, or third party contract, irrespective of whether or not a copyright has been obtained; and (b) Any rights of copyright to which a Recipient, subrecipient, or a third party contractor purchases ownership with Federal assistance. c. When FTA provides assistance to a Recipient for a Project involving planning, research, development, or. a demonstration, it is generally FTA's intent to increase the body of mass transportation knowledge, rather than to limit the benefits of the Project to those parties that.have participated therein. Therefore, unless FTA determines otherwise, the Recipient of FTA assistance to support planning, research, development, or a demonstration financed under the Federal Transit Act, as amended, understands and agrees that, in addition to the rights set forth in Page 18 � n r Part II, Subsection 116.b(2) of this Agreement, FTA may make available to any FTA recipient, subrecipiem, third party contractor, or third party subcontractor, either FTA's license in the copyright to the subject data derived under this Agreement or a copy of the subject data first produced under this Agreement. In the event that such a Project, which is the subject of this Agreement, is not completed for any reason whatsoever, all data developed under that Project shall become subject data as defined in Part 11, Subsection -116.a of this Agreement and shall be delivered as the Government may direct. This subsection of Part II of the Agreement, however, does not apply to adaptations of automatic data processing equipment or programs for the Recipient's use which costs are financed with capital funds (sections 3, 9, 16, 18, or 25 of the Federal Transit Act, as amended, or Title 23 capital funds). d. Unless prohibited by State law, the Recipient agrees to indemnify, save and hold harmless the Government, its officers, agents, and employees acting within the.scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights,,copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Recipient shall not be required to indemnify the Government for any such liability arising out of the wrongful acts of employees or agents of the Government. e. Nothing contained in this section. on rights in data shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. f. The requirements of Part II, Subsections 116.b, 116.c, and 116.d of this Agreement do not apply to material famished to the Recipient.by the Government and incorporated in the work carried out under the Agreement; provided that such incorporated material is identified by the Recipient at the time of delivery of such work. g. Unless FTA determines otherwise, the Recipient agrees to include the requirements of Part II, Subsections 116.a through 1161 of this Agreement in its third party contracts for planning, research, development, or demonstration under this Project. Section 117. Civil Rights. a. EVal Employment Opportunity. The following requirements apply to the Project: (1) In implementing the Project, the Recipient may not discriminate against any employee or applicant for employment because of race, color, creed, sex; disability, age, or national origin. The Recipient agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, the followings employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient shall insert the foregoing provision (modified only to show the Page 19 o o particular contractual relationship) in all its third party contracts for Project implementation, except contracts for standard commercial supplies or raw materials and construction contracts, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. (2) IC as a condition of assistance, the Recipient has submitted and the Government has approved, an equal employment opportunity program that the Recipient. agrees to carry out, such program is incorporated into this Agreement by reference. Such program shall be treated as a contractual obligation; and failure to carry out the terms of that equal employment opportunity program shall be treated as a violation of this Agreement. Upon notification to the Recipient of its failure to carry out the approved program, the Government will impose such remedies as it may deem appropriate, which remedies may include termination of financial assistance as set forth in Part II, Section 108 of this Agreement, or other measures that may affect the capability of the Recipient to obtain future financial assistance under the Federal Transit Act, as amended; Title 23, United States Code (Highways), or the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. 102 -240, Dec. 18, 1991. b. Disadvantaged Business Enterprise. The Recipient agrees to facilitate participation of disadvantaged business enterprises (DBE) as follows: (1) The Recipient agrees to comply with current U.S. DOT regulations at 49 C.F.R Part 23, including any amendments thereto that may be issued during the term of this Agreement. (2) The Recipient agrees that it shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. DOT assisted contract. The Recipient agrees to take all.necessary and reasonable steps under 49 C.F.R Part 23 to ensure that eligible DBEs have the maximum feasible opportunity to participate in U.S. DOT assisted contracts. The Recipient's DBE program, if required by 49 C.F.R Part 23 and as approved by U.S. DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation, and failure to carry out its terms shall be treated as a violation of this-Agreement. Upon notification to the Recipient of its failure to carry out its approved program, U.S. DOT may impose sanctions as provided for under 49 C.F.R Part 23. (3) The Recipient agrees to include the following clause in all agreements between the Recipient and subrecipients and in all third party contracts assisted by the Government (FTA) between the Recipient or subrecipients and third party contractors: THE (CONTRACTOR, SUBRECIPIENT, OR SUBCONTRACTOR) SHALL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, OR SEX IN THE PERFORMANCE OF THIS (CONTRACT OR AGREEMENT). THE REQUIREMENTS OF 49 C.F.R- PART 23 AND THE RECIPIENT'S U.S. DOT - APPROVED DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM (WHERE REQUIRED) ARE INCORPORATED IN THIS (CONTRACT OR AGREEMENT) BY REFERENCE. FAILURE BY THE (CONTRACTOR, SUBRECIPIENT, OR SUBCONTRACTOR) TO CARRY OUT THESE REQUIREMENTS IS A MATERIAL BREACH OF THE (CONTRACT Page 20 OR AGREEMENT), WHICH MAY RESULT IN THE TERMINATION OF THIS (CONTRACT OR AGREEMENT) OR SUCH OTHER REMEDY AS THE RECIPIENT DEEMS APPROPRIATE. (4) The Recipient agrees to treat lessees as follows: (a) The Recipient agrees not to exclude DBE's from participation in business opportunities by entering into long -term, exclusive agreements with non -DBE's for the operation of major transportation - related activities for the provision of goods and services to the facility or to the public on the facility. (b) A Recipient required to submit an affirmative action program under 49 C.F.R Part 23 that has business opportunities for lessees shall submit for approval to U.S. DOT overall goals for the participation as lessees of firms owned and controlled by DBE's. These goals shall be for a specified period of time and shall be based on the factors listed in 49 C.F.R Part 23. The Recipient agrees to review these goals at least annually and whenever they expire, analyzing projected versus actual DBE participation during the period covered by the review and any changes in factual circumstances affecting the selection of goals. Following each review, the Recipient agrees to submit new overall goals to U.S. DOT for approval. A Recipient that fails to meet its goals for DBE lessees agrees to demonstrate to the Government in writing that it made reasonable efforts to meet the goals. (c) Except as provided in this section, the Recipient agrees to include lessees in affirmative action programs. The requirements of 49 C.F.R Part 23 do not apply to lessees, except for the requirement that lessees avoid discrimination against DBE's. c. Title VI of the Civil Rights Act of 1964. The Recipient agrees to comply with, and assure the compliance by its third party contractors and subcontractors under this Project, with all requirements of Title VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d U.S. DOT regulations, "Nondiscrimination in Federally - Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. d. Access Requirements for Individuals with Disabilities. The Recipient agrees to comply with, and assure that any subrecipient, or third party contractor under this Project complies with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et M.; section 504 of the Rehabilitation.Act of 1973, as amended, 29 U.S.C. § 794; section 16 of the Federal Transit Act, as amended, 49 U.S.C. app. § 1612; and the following regulations and any amendments thereto: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance," 49 C.F.R. Part 27; Page 21 (3) U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38; (4) Department of.Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (5) DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R Part 36; (6) General Services Administration regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101 -19. (7) Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R Part 1630; (8) Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R Part 64, Subpart F; and (9) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609. Section 118. Construction Contracts. The following provisions apply to the Recipient's third party construction contracts; a. Nondiscrimination. Pursuant to Department of Labor regulations at 41 C.F.R §§ 60- 1.4(b)(1) and 60- 1.4(c): (1) The Recipient agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in Department of Labor regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R: Chapter 60, that is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant; cooperative agreement, contract, loan, insurance, or guarantee, or undertaken pursuant to a Federal program involving the grant, cooperative agreement, contract, loan, insurance, or guarantee, the following equal opportunity clause: DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS: (a) THE CONTRACTOR WILL NOT DISCRIMINATE. AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, DISABILITY, OR.NATIONAL ORIGIN. THE CONTRACTOR WILL TAKE AFFIRMATIVE Page 22 ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITHOUT REGARD TO THEIR RACE, COLOR, RELIGION, SEX, DISABILITY OR NATIONAL ORIGIN. SUCH ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: EMPLOYMENT, UPGRADING, DEMOTION, OR TRANSFER; RECRUITMENT OR RECRUITMENT ADVERTISING, LAYOFF OR TERMINATION; RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. THE CONTRACTOR AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES TO BE PROVIDED SETTING FORTH THE PROVISIONS OF THIS NONDISCRI IINATION CLAUSE. (b) THE CONTRACTOR WELL, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACID BY OR ON BEHALF OF THE CONTRACTOR, STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE CONSIDERATION.FOR EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, DISABILITY, OR NATIONAL ORIGIN. (c) THE CONTRACTOR WILL SEND TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, A NOTICE TO BE PROVIDED ADVISING THE LABOR UNION OR WORKERS' REPRESENTATIVE OF THE CONTRACTOR'S COM IITMENTS UNDER SECTION 202 OF EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, AND SHALL POST COPIES OF THE NOTICE IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT. (d) THE CONTRACTOR WILL COMPLY WITHALL PROVISIONS OF EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, AND OF THE RULES, REGULATIONS, AND RELEVANT ORDERS OF.THE SECRETARY OF LABOR. (e) THE CONTRACTOR WILL FURNISH ALL INFORMATION AND REPORTS REQUIRED BY EXECUTIVE ORDER NO. 11246 OF SEPTEMBER-24,1965, AND BY THE RULES, REGULATIONS, AND ORDERS OF THE SECRETARY OF LABOR, OR PURSUANT THERETO, AND WILL PERMIT ACCESS TO ITS BOOKS, RECORDS AND ACCOUNTS BY THE SECRETARY OF LABOR AND THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS. (fl IN THE EVENT OF THE CONTRACTOR'S NONCOMPLIANCE WITH THE NONDISCRI MINATION CLAUSES OF THIS AGREEMENT OR WITH ANY OF SUCH RULES, REGULATIONS, OR ORDERS, THIS AGREEMENT MAY BE CANCELED, TERMINATED, OR SUSPENDED IN WHOLE OR.IN PART AND THE CONTRACTOR MAY BE DECLARED INELIGIBLE FOR FURTHER FEDERAL' OR FEDERALLY ASSISTED CONTRACTS IN ACCORDANCE WITH PROCEDURES AUTHORIZED IN EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, AND SUCH OTHER Page 23 o SANCTIONS MAY BE IMPOSED AND REMEDIES INVOKED AS PROVIDED IN EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, OR BY RULE, REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LAW. (g) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF PARAGRAPHS (a) THROUGH (g) OF THIS SUBSECTION IN EVERY SUBCONTRACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS, OR ORDERS OF THE SECRETARY OF LABOR ISSUED PURSUANT TO SECTION 204 OF EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, SO THAT SUCH PROVISIONS SHALL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR THE CONTRACTOR WILL TAKE SUCH-ACTION WITH RESPECT TO ANY SUBCONTRACT OR PURCHASE ORDER AS THE SECRETARY OF.LABOR OR FTA MAY DIRECT AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING SANCTIONS FOR NONCOMPLIANCE; PROVIDED. HOWEVER THAT IF A CONTRACTOR BECOMES INVOLVED IN, OR IS THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR OR VENDOR AS A RESULT OF SUCH DIRECTION, THE CONTRACTOR MAY REQUEST THE UNITED STATES TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES. (2) The Recipient agrees to assure that each nonexempt prime contractor and subcontractor shall include in each nonexempt contract the requirements of Part II, Subsections 118.a(1)(a) through (g) of this Agreement. (3) The Recipient fiuther agrees that it will be bound by this equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided that if the Recipient so participating is a state or local government, this equal opportunity clause does not apply to any agency, instrumentality or subdivision of such goverment that does not participate in work under the Agreement. (4) The Recipient agrees that it will assist and cooperate actively with FTA and the Secretary of Labor in obtaining compliance by contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will provide FTA and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist FTA in discharging its primary responsibility for securing compliance. (5) The Recipient fiuther agrees that it will refrain from entering into any contract or contract modification subject to Executive Order No. 11246 of September 24, 1965, as amended, "Equal Employment Opportunity," 42 U.S.C. § 2000e note, with any contractor that is debarred from or has not demonstrated eligibility for Government contracts and federally assisted construction contracts pursuant to the Executive Order, and will cant' out such sanctions and penalties for violation of the equal opportunity clause.as may be imposed upon contractors and subcontractors by FTA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Recipient agrees that if it fails or refiises to comply with these undertakings, FTA Page 24 may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Agreement; refrain from extending any further assistance to the Recipient under the program with respect to which the failure or refusal occurred until the Recipient provides satisfactory assurance of future compliance; and refer the case to DOJ for appropriate legal proceedings. b. SSgecifications. The Recipient agrees that it will incorporate or cause to be incorporated the specifications set forth below into all federally assisted construction contracts, or modifications thereof; in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department of Labor pursuant to Department of Labor regulations at 41 C.F.R § 60-4.3 and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under Executive Order No.. 11246: STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER NO. 11246): (1) AS USED IN THESE SPECIFICATIONS: (a) "COVERED AREA" MEANS THE GEOGRAPHICAL.AREA DESCRIBED IN THE SOLICITATION FROM WHICH THIS CONTRACT RESULTED; (b) "DIRECTOR" MEANS DIRECTOR, OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, OR ANY PERSON TO WHOM THE DIRECTOR DELEGATES AUTHORITY; (c) "EMPLOYER IDENTIFICATION NUMBER" MEANS THE FEDERAL SOCIAL SECURITY NUMBER USED ON THE EMPLOYER'S QUARTERLY FEDERAL TAX RETURN, U.S. TREASURY DEPARTMENT FORM 941; (d) "MINORITY" INCLUDES: (i) BLACK (ALL PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL GROUPS NOT OF HISPANIC ORIGIN); (ii) HISPANIC (ALL PERSONS OF MEXICAN, PUERTO RICAN, CUBAN, CENTRAL OR SOUTH AMERICAN, OR OTHER SPANISH CULTURE OR ORIGIN, REGARDLESS OF RACE); ('iii) ASIAN AND PACIFIC ISLANDER (ALL PERSONS HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF THE FAR EAST, SOUTHEAST ASIA, THE INDIAN SUBCONTINENT, OR THE PACIFIC ISLANDS); AND (iv) AMERICAN INDIAN OR ALASKAN NATIVE (ALL PERSONS HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF NORTH AMERICA AND Page 25 MAIN'T'AINING IDENTIFIABLE TRIBAL AFFILIATIONS THROUGH MEMBERSHIP AND PARTICIPATION OR COMMUNITY IDENTIFICATION). (2) WHENEVER THE CONTRACTOR, OR ANY SUBCONTRACTOR AT ANY TIER, SUBCONTRACTS A PORTION OF THE WORK INVOLVING ANY CONSTRUCTION TRADE, IT SHALL PHYSICALLY INCLUDE IN EACH SUBCONTRACT IN EXCESS OF $101000 THE PROVISIONS OF THESE SPECIFICATIONS AND THE NOTICE WHICH CONTAINS THE APPLICABLE GOALS FOR MINORITY AND FEMALE PARTICIPATION AND WHICH IS SET FORTH IN THE SOLICITATIONS FROM WHICH THIS CONTRACT RESULTED. (3) IF THE CONTRACTOR IS PARTICIPATING (PURSUANT TO 41 C.F.R § 60 -4.5) IN A HOMETOWN PLAN APPROVED BY THE U.S. DEPARTMENT OF LABOR IN THE COVERED AREA, EITHER INDIVIDUALLY OR THROUGH AN ASSOCIATION, ITS AFFIRMATIVE ACTION OBLIGATIONS ON ALL WORK IN THE PLAN AREA (INCLUDING GOALS AND TMETABLES) SHALL BE IN ACCORDANCE WITH THAT PLAN FOR THOSE TRADES WHICH HAVE UNIONS PARTICIPATING IN THE PLAN. CONTRACTORS MUST BE ABLE TO DEMONSTRATE THEIR PARTICIPATION IN AND COMPLIANCE WITH THE PROVISIONS OF ANY SUCH HOMETOWN PLAN. EACH CONTRACTOR OR SUBCONTRACTOR PARTICIPATING IN AN APPROVED PLAN IS INDIVIDUALLY REQUIRED TO COMPLY WITH ITS OBLIGATIONS UNDER THE EEO CLAUSE, AND TO MAKE A GOOD FAITH EFFORT TO ACHIEVE EACH GOAL UNDER THE PLAN IN EACH TRADE IN WHICH IT HAS EMPLOYEES. THE OVERALL GOOD FAITH PERFORMANCE BY OTHER CONTRACTORS OR SUBCONTRACTORS TOWARD A GOAL IN AN APPROVED PLAN DOES NOT EXCUSE ANY COVERED CONTRACTOR'S OR SUBCONTRACTOR'S FAILURE TO MAKE GOOD FAITH EFFORTS TO ACHIEVE THE PLAN GOALS AND TIMETABLES. (4) THE CONTRACTOR SHALL RAPLEMEN'T THE SPECIFIC AFFIRMATIVE ACTION STANDARDS PROVIDED IN PARAGRAPHS (7)(a) THROUGH (p) OF THESE SPECIFICATIONS. THE GOALS SET FORTH IN THE SOLICITATION FROM WHICH THIS CONTRACT RESULTED ARE EXPRESSED AS PERCENTAGES OF THE TOTAL HOURS OF EMPLOYMENT AND TRAINING OF MINORITY AND FEMALE UTILIZATION THE CONTRACTOR SHOULD REASONABLY BE ABLE TO ACHIEVE IN EACH CONSTRUCTION TRADE IN WHICH IT HAS EMPLOYEES IN THE COVERED AREA COVERED CONSTRUCTION CONTRACTORS PERFORMING CONSTRUCTION WORK IN GEOGRAPHICAL AREAS WHERE THEY DO NOT HAVE A FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION CONTRACT SHALL APPLY THE MINORITY AND FEMALE GOALS ESTABLISHED FOR THE GEOGRAPHICAL AREA WHERE THE WORK IS BEING PERFORMED. GOALS ARE PUBLISHED PERIODICALLY IN THE FEDERAL REGISTER IN NOTICE FORM, AND SUCH NOTICES MAY BE OBTAINED FROM ANY OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE OR FROM FEDERAL PROCUREMENT CONTRACTING OFFICERS. THE CONTRACTOR IS EXPECTED TO MAKE SUBSTANTIALLY UNIFORM PROGRESS TOWARD ITS GOAL IN EACH CRAFT DURING THE PERIOD SPECIFIED. Page 26 (5) NEITHER THE PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT, NOR THE FAILURE BY A UNION WITH WHOM THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT, TO REFER EITHER MINORITIES OR WOMEN SHALL EXCUSE THE CONTRACTOR'S OBLIGATIONS UNDER THESE SPECIFICATIONS, EXECUTIVE ORDER NO. 11246, OR THE REGULATIONS PROMULGATED PURSUANT THERETO. (6) IN ORDER FOR THE NONWORKING TRAINING HOURS OF APPRENTICES AND TRAINEES TO BE COUNTED IN MEETING THE GOALS, SUCH APPRENTICES AND TRAINEES MUST BE EMPLOYED BY THE CONTRACTOR DURING THE TRAINING PERIOD, AND THE CONTRACTOR MUST HAVE MADE A COMMITMENT TO EMPLOY THE APPRENTICES AND TRAINEES AT THE COMPLETION OF THEIR TRAINING, SUBJECT TO THE AVAILABILITY OF EMPLOYMENT OPPORTUNITIES. TRAINEES MUST BE TRAINED PURSUANT TO TRAINING PROGRAMS APPROVED BY THE U.S. DEPARTMENT OF LABOR- (7) THE CONTRACTOR SHALL TAKE SPECIFIC AFFIRMATIVE ACTIONS TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY. THE EVALUATION OF THE CONTRACTOR'S COMPLIANCE WITH THESE SPECIFICATIONS SHALL BE BASED UPON ITS EFFORT TO ACHIEVE MAXIMUM RESULTS FROM ITS ACTIONS. THE CONTRACTOR SHALL DOCUMENT THESE EFFORTS FULLY, AND SHALL IMPLEMENT AFFERMA_TIVE ACTION STEPS AT LEAST AS EXTENSIVE AS THE FOLLOWING: (a) ENSURE AND MAINTAIN A WORKING.ENVIRONMENT FREE OF HARASSMENT, INTRvflDATION, AND COERCION AT ALL SITES, AND IN ALL FACII,TTIES AT WHICH THE CONTRACTOR'S EMPLOYEES ARE ASSIGNED TO WORK THE CONTRACTOR, WHERE POSSIBLE, WILL ASSIGN TWO OR MORE WOMEN TO EACH CONSTRUCTION PROJECT_ THE CONTRACTOR SHALL SPECIFICALLY ENSURE THAT ALL FOREMEN, SUPERINTENDENTS, AND OTHER ON -SITE SUPERVISORY PERSONNEL ARE AWARE OF AND CARRY OUT THE CONTRACTOR'S OBLIGATION TO MAINTAIN SUCH A WORKING ENVIRONMENT, WITH SPECIFIC ATTENTION TO MINORITY OR FEMALE INDIVIDUALS WORKING AT SUCH SITES OR IN SUCH FACILITIES. (b) ESTABLISH AND MAINTAIN A CURRENT LIST OF MINORITY AND FEMALE RECRUITMENT SOURCES, PROVIDE WRITTEN NOTICE TO MINORITY AND FEMALE RECRUITMENT SOURCES AND TO COMMUNITY ORGANIZATIONS WHEN THE CONTRACTOR OR ITS UNIONS HAVE EMPLOYMENT OPPORTUNITIES AVAILABLE, AND MAINTAIN A RECORD OF THE ORGANIZATIONS' RESPONSES. (c) MAINTAIN A CURRENT FILE OF THE NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF EACH MINORITY AND FEMALE OFF - THE - STREET APPLICANT AND MINORITY OR FEMALE REFERRAL FROM A UNION, A RECRUITMENT SOURCE OR COMMUNITY ORGANIZATION AND OF WHAT ACTION Page 27 0 0 WAS TAKEN WITH RESPECT TO EACH SUCH INDIVIDUAL. IF SUCH INDIVIDUAL WAS SENT TO THE UNION HIRING HALL FOR REFERRAL AND WAS NOT REFERRED BACK TO THE CONTRACTOR BY THE UNION OR, IF REFERRED, NOT EMPLOYED BY THE CONTRACTOR, THIS SHALL BE DOCUMENTED IN THE FILE WITH THE REASON THEREFOR, ALONG WITH WHATEVER ADDITIONAL ACTIONS THE CONTRACTOR MAY HAVE TAKEN. (d) PROVIDE INIlMIEDIATE WRITTEN NOTIFICATION TO THE DIRECTOR WHEN THE UNION OR UNIONS WITH WHICH THE CONTRACTOR -HAS A COLLECTIVE BARGAINING AGREEMENT HAS NOT REFERRED TO THE CONTRACTOR A MINORITY PERSON OR WOMAN SENT BY THE CONTRACTOR, OR WHEN THE CONTRACTOR HAS OTHER INFORMATION THAT THE UNION REFERRAL PROCESS HAS IMPEDED THE CONTRACTOR'S EFFORTS TO MEET ITS OBLIGATIONS. (e) DEVELOP ON -THE -JOB TRAINING OPPORTUNITIES AND /OR PARTICIPATE IN TRAINING PROGRAMS FOR THE AREA WHICH ENPRESSLY INCLUDE MINORITIES AND WOMEN, INCLUDING UPGRADING PROGRAMS AND APPRENTICESHIP AND TRAINEE PROGRAMS RELEVANT TO THE CONTRACTOR'S EMPLOYMENT NEEDS, ESPECIALLY THOSE PROGRAMS FUNDED OR APPROVED BY THE DEPARTMENT OF LABOR THE CONTRACTOR SHALL PROVIDE NOTICE OF THESE PROGRAMS TO THE SOURCES COMPILED UNDER ()(b) ABOVE. (f) DISSEMINATE THE CONTRACTOR'S EEO POLICY BY PROVIDING NOTICE OF THE POLICY TO UNIONS AND TRAINING PROGRAMS AND REQUESTING THEIR COOPERATION IN ASSISTING THE CONTRACTOR IN MEETING ITS EEO OBLIGATIONS; BY INCLUDING IT IN ANY POLICY MANUAL AND COLLECTIVE BARGAINING AGREEMENT; BY PUBLICIZING IT IN THE COMPANY NEWSPAPER, ANNUAL REPORT, ETC.; BY SPECIFIC REVIEW OF THE POLICY WITH ALL MANAGEMENT PERSONNEL AND WITH ALL MINORITY AND FEMALE EMPLOYEES AT LEAST ONCE A YEAR; AND BY POSTING THE COMPANY EEO POLICY ON BULLETIN BOARDS ACCESSIBLE TO ALL EMPLOYEES AT EACH LOCATION WHERE CONSTRUCTION WORK IS PERFORMED. (g) REVIEW, AT LEAST ANNUALLY, THE COMPANYS EEO POLICY AND AFFIRMATIVE ACTION OBLIGATIONS UNDER THESE SPECIFICATIONS WITH ALL EMPLOYEES HAVING RESPONSIBILITY FOR HIRING, ASSIGNMENT, LAYOFF, TERMINATION OR OTHER EMPLOYMENT DECISIONS INCLUDING SPECIFIC REVIEW OF THESE ITEMS WITH ON -SITE SUPERVISORY PERSONNEL SUCH AS SUPERINTENDENTS, GENERAL FOREMAN, ETC., PRIOR TO THE INITIATION OF CONSTRUCTION WORK AT ANY JOB SITE. A WRITTEN RECORD SHALL BE MADE AND MAINTAINED IDENTIFYING THE TIME AND PLACE OF THESE.MEETINGS, PERSONS ATTENDING, SUBJECT MATTER DISCUSSED, AND DISPOSITION OF THE SUBJECT MATTER Page 28 (h) DISSEMINATE THE CONTRACTOR'S EEO POLICY EXTERNALLY BY INCLUDING IT IN ANY ADVERTISING IN THE NEWS MEDIA, SPECIFICALLY INCLUDING MINORITY AND FEMALE NEWS MEDIA, AND PROVIDING WRITTEN NOTIFICATION TO AND DISCUSSING THE CONTRACTOR'S EEO POLICY WITH OTHER CONTRACTORS AND SUBCONTRACTORS WITH WHOM THE CONTRACTOR DOES OR ANTICIPATES DOING BUSINESS. (i) DIRECT RECRUITMENT EFFORTS, BOTH ORAL AND WRITTEN, TO MINORITY, FEMALE, AND COMMUNITY ORGANIZATIONS, TO SCHOOLS WITH MINORITY AND FEMALE STUDENTS AND TO MINORITY AND FEMALE RECRUITMENT AND TRAINING ORGANIZATIONS SERVING THE CONTRACTOR'S RECRUITMENT AREA AND EMPLOYMENT NEEDS. NOT LATER THAN ONE MONTH PRIOR TO THE DATE FOR THE ACCEPTANCE OF APPLICATIONS FOR APPRENTICESHIP OR OTHER TRAINING BY ANY RECRUITMENT SOURCE, THE CONTRACTOR SHALL SEND WRITTEN NOTICE TO ORGANIZATIONS SUCH AS THE ABOVE, DESCRIBING THE OPENINGS, SCREENING PROCEDURES, AND TESTS TO BE USED IN THE SELECTION PROCESS. (j) ENCOURAGE PRESENT MINORITY AND FEMALE-EMPLOYEES TO RECRUIT OTHER MINORITY PERSONS AND WOMEN AND, WHERE REASONABLE, PROVIDE AFTER SCHOOL, SUMMER AND VACATION EMPLOYMENT TO MINORITY AND FEMALE YOUTH, BOTH ON THE SITE AND IN OTHER AREAS OF THE CONTRACTOR'S WORK FORCE. (k) VALIDATE ALL TESTS AND OTHER SELECTION REQUIREMENTS WHERE THERE IS AN OBLIGATION TO DO SO UNDER 41 C.F.R- PART 60-3. (1) CONDUCT, AT LEAST ANNUALLY, AN INVENTORY AND EVALUATION AT LEAST OF ALL MINORITY AND FEMALE PERSONNEL FOR PROMOTIONAL OPPORTUNITIES AND ENCOURAGE THESE EMPLOYEES TO SEEK OR TO PREPARE FOR, THROUGH APPROPRIATE TRAINING, ETC., SUCH OPPORTUNITIES. (m) ENSURE THAT SENIORITY PRACTICES, JOB CLASSIFICATIONS, WORK ASSIGNMENTS, AND OTHER PERSONNEL PRACTICES DO NOT HAVE A DISCRIM5NATORY EFFECT BY CONTINUALLY MONITORING ALL PERSONNEL AND EMPLOYMENT RELATED ACTIVITIES TO ENSURE THAT THE EEO POLICY AND THE CONTRACTOR'S OBLIGATIONS UNDER THESE SPECIFICATIONS ARE BEING CARRIED OUT. (n) ENSURE THAT ALL FACILITIES AND COMPANY ACTIVITIES ARE NONSEGREGATED EXCEPT THAT SEPARATE OR SINGLE -USER TOILET AND NECESSARY CHANGING FACILITIES SHALL BE PROVIDED TO ASSURE PRIVACY BETWEEN SEXES. Page 29 (o) DOCUMENT AND MAINTAIN A RECORD OF ALL SOLICITATIONS OF OFFERS FOR SUBCONTRACTS FROM MINORITY AND FEMALE CONSTRUCTION CONTRACTORS AND SUPPLIERS, INCLUDING CIRCULATION OF SOLICITATIONS TO MINORITY AND FEMALE CONTRACTOR ASSOCIATIONS AND OTHER BUSINESS ASSOCIATIONS. (p) CONDUCT A REVIEW, AT LEAST ANNUALLY, OF ALL SUPERVISORS' ADHERENCE TO AND PERFORMANCE UNDER THE CONTRACTOR'S EEO POLICIES AND AFFIRMATIVE ACTION OBLIGATIONS. (8) CONTRACTORS ARE ENCOURAGED TO PARTICIPATE IN VOLUNTARY ASSOCIATIONS THAT ASSIST IN FULFILLING ONE OR MORE OF THEIR AFFIRMATIVE ACTION OBLIGATIONS SET FORTH IN PARAGRAPHS (7)(a) THROUGH (p). THE EFFORTS OF A CONTRACTOR ASSOCIATION, JOINT CONTRACTOR - UNION, CONTRACTOR - COMMUNITY, OR OTHER SIMILAR GROUP OF WHICH THE CONTRACTOR IS A MEMBER AND PARTICIPANT, MAY BE ASSERTED AS FULFILLING ANY ONE OR MORE OF ITS OBLIGATIONS UNDER PARAGRAPHS (7)(a) THROUGH (p) OF THESE SPECIFICATIONS, PROVIDED THAT THE CONTRACTOR. ACTIVELY PARTICIPATES IN THE GROUP, MAKES EVERY EFFORT TO ASSURE THAT THE GROUP HAS A POSITIVE Il-APACT ON THE EMPLOYMENT OF MINORITIES AND WOMEN IN THE INDUSTRY, ENSURES THAT THE CONCRETE BENEFITS OF THE PROGRAM ARE.REFLECTED IN THE CONTRACTOR'S MINORITY AND FEMALE WORK FORCEYARTICIPATION, MAKES A GOOD FAITH EFFORT TO MEET ITS INDIVIDUAL GOALS AND TIMETABLES, AND CAN PROVIDE ACCESS TO DOCUMENTATION THAT DEMONSTRATES THE EFFECTIVENESS OF ACTIONS TAKEN ON BEHALF OF THE CONTRACTOR THE OBLIGATION TO COMPLY, HOWEVER, IS THE CONTRACTOR'S AND FAILURE OF SUCH A GROUP TO FULFILL AN OBLIGATION SHALL NOT BE A DEFENSE FOR THE CONTRACTOR'S NONCOMPLIANCE. (9) A SINGLE GOAL FOR MINORITIES AND A SEPARATE SINGLE GOAL FOR WOMEN HAVE BEEN ESTABLISHED. THE CONTRACTOR, HOWEVER, IS REQUIRED TO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY AND TO TAKE AFFIRMATIVE ACTION FOR ALL MINORITY GROUPS, BOTH MALE AND FEMALE, AND ALL WOMEN, BOTH MINORITY AND NON - MINORITY. CONSEQUENTLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A PARTICULAR GROUP IS EMPLOYED IN A SUBSTANTIALLY DISPARATE MANNER (EVEN THOUGH THE CONTRACTOR HAS ACHIEVED ITS GOAL FOR WOMEN GENERALLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A SPECIFIC MINORITY GROUP OF WOMEN IS UNDERUTILIZED). (10) THE CONTRACTOR SHALL NOT USE THE GOALS AND TI ETABLES OR AFFIRMATIVE ACTION STANDARDS TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN.. Page 30 i (11) THE CONTRACTOR SHALL NOT ENTER INTO ANY SUBCONTRACT WITH ANY PERSON OR FIRM DEBARRED FROM GOVERNMENT CONTRACTS PURSUANT TO EXECUTIVE ORDER NO. 11246. (12) THE CONTRACTOR SHALL CARRY OUT SUCH SANCTIONS AND PENALTIES FOR VIOLATION OF THESE SPECIFICATIONS AND OF THE EQUAL OPPORTUNITY CLAUSE, INCLUDING SUSPENSION, TERMINATION AND CANCELLATION OF EXISTING SUBCONTRACTS AS MAY BE IMPOSED OR ORDERED PURSUANT TO EXECUTIVE ORDER NO. 11246, AS AMENDED, AND ITS IMPLEMENTING REGULATIONS, BY THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS. ANY CONTRACTOR WHO FAILS TO CARRY OUT SUCH SANCTIONS AND PENALTIES SHALL BE IN VIOLATION OF THESE SPECIFICATIONS AND EXECUTIVE ORDER NO. 11246, AS AMENDED. (13) THE CONTRACTOR, IN FULFILLING ITS OBLIGATIONS UNDER THESE SPECIFICATIONS, SHALL IMPLEMENT SPECIFIC AFFIRMATIVE ACTION STEPS, AT LEAST AS EXTENSIVE AS THOSE STANDARDS PRESCRIBED IN PARAGRAPH (7) OF THESE SPECIFICATIONS, SO AS TO ACHIEVE MAXIMUM RESULTS FROM ITS EFFORTS TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY. IF THE CONTRACTOR FAILS TO COMPLY WITH THE REQUIREMENTS OF THE EXECUTIVE ORDER, THE IMPLEMENTING REGULATIONS, OR THESE SPECIFICATIONS, THE DIRECTOR SHALL PROCEED IN ACCORDANCE WITH 41 C.F.R § 60 -4.8. (14) THE CONTRACTOR SHALL DESIGNATE A RESPONSIBLE OFFICIAL TO MONITOR ALL EMPLOYMENT RELATED ACTIVITY TO ENSURE THAT THE COMPANY EEO POLICY IS BEING CARRIED OUT, TO SUBMIT REPORTS RELATING TO THE PROVISIONS HEREOF AS MAY BE REQUIRED BY THE GOVERNMENT AND TO KEEP RECORDS. RECORDS SHALL AT LEAST INCLUDE FOR EACH EMPLOYEE THE NAME, ADDRESS, TELEPHONE NUMBERS, CONSTRUCTION TRADE, UNION AFFILIATION IF ANY, EMPLOYEE IDENTIFICATION NUMBER WHEN ASSIGNED, SOCIAL SECURITY NUMBER, RACE, SEX, STATUS (E.G., MECHANIC, APPRENTICE TRAINEE, LABORER, OR HELPER), DATES OF CHANGES IN STATUS, HOURS WORKED PER WEEK IN THE INDICATED TRADE, RATE OF PAY, AND LOCATIONS AT WHICH THE WORK WAS PERFORMED. RECORDS SHALL BE MAINTAINED IN AN EASILY UNDERSTANDABLE AND RETRIEVABLE FORM; HOWEVER, TO THE EXTENT THAT EXISTING RECORDS SATISFY THIS REQUIREMENT, CONTRACTORS SHALL NOT BE REQUIRED TO MAINTAIN SEPARATE RECORDS. (15) NOTHING HEREIN PROVIDED SHALL BE CONSTRUED AS A LBSTATION UPON THE APPLICATION OF OTHER LAWS THAT ESTABLISH DIFFERENT STANDARDS OF COMPLIANCE OR UPON THE APPLICATION OF REQUIREMENTS FOR THE HIRING OF LOCAL OR OTHER AREA RESIDENTS (E.G., THOSE UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1977 AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM). Page 31 o l�D c. Notice. The Recipient hereby agrees that it will ensure that the notice set forth as follows shall be included in, and shall be a part of all solicitations for offers and bids on all federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department of Labor at 41 C.F.R § 60 -4.2: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER NO. 11246): (1) THE OFFEROKS OR BIDDER'S ATTENTION IS CALLED TO THE "EQUAL OPPORTUNITY CLAUSE" AND THE "STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS" SET FORTH HEREIN.. (2) (a) THE GOALS AND THE TIMETABLES FOR MINORITY AND FEMALE PARTICIPATION, EXPRESSED IN PERCENTAGE TERMS FOR THE CONTRACTOR'S AGGREGATE WORKFORCE IN EACH TRADE ON ALL CONSTRUCTION WORK IN THE COVERED AREA, ARE AS FOLLOWS: TINIETABLES GOALS FOR MINORITY GOALS FOR FEMALE PARTICIPATION IN PARTICIPATION IN EACH TRADE . INSERT GOALS FOR EACH YEAR EACH TRADE INSERT GOALS FOR EACH YEAR (b) THESE GOALS ARE APPLICABLE TO ALL THE CONTRACTOR'S CONSTRUCTION WORK (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED.AREA IF THE CONTRACTOR PERFORMS CONSTRUCTION WORK IN A GEOGRAPHICAL AREA LOCATED OUTSIDE OF THE COVERED AREA, IT SHALL APPLY THE GOALS ESTABLISHED FOR SUCH GEOGRAPHICAL AREA WIERE THE WORK IS ACTUALLY PERFORMED. WITH REGARD TO THIS SECOND AREA, THE CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY INVOLVED AND NONFEDERALLY INVOLVED CONSTRUCTION. Page 32 (c) THE CONTRACTOR'S COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS AT 41 C.F.R. PART 60-4 SHALL BE BASED ON ITS IMPLEMENTATION OF THE EQUAL OPPORTUNITY CLAUSE, SPECIFIC AFFIRMATIVE ACTION OBLIGATIONS REQUIRED BY THE SPECIFICATIONS SET FORTH AT 41 C.F.R. § 60- 4.3(a), AND ITS EFFORTS TO MEET THE GOALS. THE HOURS OF MINORITY AND FEMALE, EMPLOYMENT AND TRAINING MUST BE SUBSTANTIALLY UNIFORM THROUGHOUT THE LENGTH OF THE CONTRACT, AND IN EACH TRADE, AND THE CONTRACTOR, SHALL MAKE A GOOD FAITH EFFORT TO EMPLOY MINORITIES AND WOMEN EVENLY ON EACH OF ITS PROJECTS. THE TRANSFER OF MINORITY OR FEMALE EMPLOYEES OR TRAINEES FROM CONTRACTOR TO CONTRACTOR OR FROM PROJECT TO PROJECT FOR THE SOLE PURPOSE OF MEETING THE CONTRACTOR'S GOALS SHALL BE A VIOLATION OF THE CONTRACT, THE EXECUTIVE ORDER, AND THE REGULATIONS IN AT 41 C.F.R. PART 60-4. COMPLIANCE WITH THE GOALS WILL BE MEASURED AGAINST THE TOTAL WORK HOURS PERFORMED. (3) THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE DIRECTOR OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS WITHIN 10 WORKING DAYS OF AWARD OF ANY CONSTRUCTION SUBCONTRACT IN EXCESS OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK UNDER THE CONTRACT RESULTING FROM.THIS SOLICITATION. THE NOTIFICATION SHALL LIST THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE SUBCONTRACTOR; EMPLOYER IDENTIFICATION NUMBER OF THE SUBCONTRACTOR; ESTIMATED DOLLAR AMOUNT OF THE SUBCONTRACT; ESTIMATED STARTING AND COMPLETION DATES OF THE SUBCONTRACT; AND THE GEOGRAPHICAL AREA IN WHICH THE SUBCONTRACT IS TO BE PERFORMED. (4) AS USED IN THIS NOTICE, AND IN THE CONTRACT RESULTING FROM THIS SOLICITATION, THE "COVERED AREA" IS (INSERT DESCRIPTION OF THE GEOGRAPHICAL AREAS WHERE THE CONTRACT IS TO BE PERFORMED, GIVING THE STATE, COUNTY AND CITY, IF ANY). d. Seismic Requirements. The Recipient agrees to comply With U.S. DOT regulations, ".Seismic Safety," 49 C.F.R. Part 4.1. e. Contract Security. The Recipient agrees to follow the requirements of 49 C.F.R. § 18.36(h) or OMB Circular A -110, Revised, as applicable, and Federal (FTA) guidelines with regard to bid guarantees and bonding requirements. f. Liquidated Damages. If appropriate, the Recipient agrees to include a clause providing for liquidated damages in its third party contracts for construction. Liquidated damages clauses are appropriate if the parties may reasonably expect to suffer damages (increased costs on the Project involved) from the late completion of the construction and the extent or amount of such damages would be difficult or impossible to determine. The assessment for damages shall be at a specific rate per day for each day of overrun in contract time; and the rate must be specified in the third Page 33 party contract. Any liquidated damages recovered shall be credited to the Project account involved unless the Government permits otherwise. g. Safety Standards. Pursuant to section 107 of the Contract Work Hours and Safety Standards Act and Department of Labor regulations, "Safety and Health Regulations for Construction," 29 C.F.R. § 1926, no laborer or mechanic working on a construction contract shall be required to work in surroundings or under worldng conditions that are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction and health standards promulgated by the Secretary of Labor. h. Insurance During Construction. At a minimum the Recipient agrees to comply with the insurance requirements normally imposed by its State and local governments.. i. Signs. The Recipient agrees to cause to be erected at the site of construction, and.maintained during construction, signs satisfactory to U.S. DOT identifying the Project and indicating that the Government is participating in the development of the Project. Section 119. Labor Provisions. a. Construction Contracts. Pursuant to Department of Labor regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5, the following provisions shall be incorporated in each constriction contract of $2,000 or more let by the Recipient in carrying out the Project. (1) MINIMUM WAGES. (a) ALL LABORERS AND MECHANICS EMPLOYED OR WORKING UPON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT), WILL BE PAID UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK, AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT (EXCEPT SUCH PAYROLL DEDUCTIONS AS ARE PERMITTED BY REGULATIONS ISSUED BY THE SECRETARY OF LABOR UNDER THE COPELAND ACT, 29 C.F.R. PART 3), THE FULL AMOUNT OF WAGES AND BONA FIDE FRINGE BENEFITS (OR CASH EQUIVALENTS THEREOF) DUE AT THE TIME OF PAYMENT COMPUTED AT RATES NOT LESS THAN THOSE CONTAINED IN THE WAGE DETERMINATION OF THE SECRETARY OF LABOR WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, REGARDLESS OF ANY CONTRACTUAL RELATIONSHIP WHICH MAY ALLEGED TO EXIST BETWEEN THE CONTRACTOR AND SUCH LABORERS AND MECHANICS. CONTRIBUTIONS MADE OR COSTS REASONABLY ANTICIPATED FOR BONA FIDE FRINGE BENEFITS UNDER SECTION l (b)(2) OF THE DAVIS -BACON ACT ON BEHALF OF LABORERS OR MECHANICS ARE Page 34 0 0 CONSIDERED WAGES PAID TO SUCH LABORERS OR MECHANICS, SUBJECT TO THE PROVISIONS OF 29 C.F.R. § 5.5(a)(IXiv);. ALSO, REGULAR CONTRIBUTIONS MADE OR COSTS INCURRED FOR MORE THAN A WEEKLY PERIOD (BUT NOT LESS OFTEN THAN QUARTERLY) UNDER PLANS, FUNDS, OR PROGRAMS THAT COVER THE PARTICULAR WEEKLY PERIOD, ARE DEEMED TO BE CONSTRUCTIVELY MADE OR INCURRED DURING SUCH WEEKLY PERIOD. SUCH LABORERS AND MECHANICS SHALL BE PAID THE APPROPRIATE WAGE RATE AND FRINGE BENEFITS ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED, WITHOUT REGARD TO SKILL, EXCEPT AS PROVIDED AT 29 C.F.R. § 5.5(a)(4). LABORERS OR MECHANICS PERFORMING WORK IN MORE THAN ONE CLASSIFICATION MAYBE COMPENSATED AT THE RATE SPECIFIED FOR EACH CLASSIFICATION FOR THE TIME ACTUALLY WORKED THEREIN: PROVIDED, THAT THE EMPLOYER'S PAYROLL RECORDS ACCURATELY SET FORTH THE TIME SPENT IN EACH CLASSIFICATION IN WHICH WORK IS PERFORMED. THE WAGE DETERMINATION (INCLUDING ANY ADDITIONAL CLASSIFICATION AND WAGE RATES CONFORMED UNDER 29 C.F.R § 5.5(a)(1)(H) AND THE DAVIS -BACON POSTER (WH -1321) SHALL BE POSTED AT ALL TIMES BY THE CONTRACTOR AND ITS SUBCONTRACTORS AT THE SITE OF THE WORK IN A PROMINENT AND ACCESSIBLE PLACE WHERE IT CAN BE EASILY SEEN BY THE WORKERS. (b) 1. THE CONTRACTING OFFICER SHALL REQUIRE THAT ANY CLASS OF LABORERS OR MECHANICS THAT IS NOT LISTED IN THE WAGE DETERMINATION AND THAT IS TO BE EMPLOYED UNDER THE CONTRACT SHALL BE CLASSIFIED IN CONFORMANCE WITH THE WAGE DETERMINATION. THE CONTRACTING OFFICER SHALL APPROVE AN ADDITIONAL CLASSIFICATION AND WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOWING CRITERIA HAVE BEEN MET: a. THE WORK TO BE PERFORMED BY THE CLASSIFICATION REQUESTED IS NOT PERFORMED BY A CLASSIFICATION IN THE WAGE DETERMINATION; AND b. THE CLASSIFICATION IS UTILIZED IN THE AREA BY THE CONSTRUCTION INDUSTRY; AND g. THE PROPOSED WAGE RATE, INCLUDING ANY BONA FIDE FRINGE BENEFITS, BEARS A REASONABLE RELATIONSHIP TO THE WAGE RATES CONTAINED IN THE WAGE DETERMINATION. 2. IF THE CONTRACTOR AND THE LABORERS AND MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION (IF KNOWN), OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER AGREE ON THE CLASSIFICATION. AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS WHERE APPROPRIATE), A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE CONTRACTING OFFICER TO THE ADMINISTRATOR OF THE WAGE AND HOUR Page 35 • o DIVISION, EMPLOYMENT STANDARDS ADMINISTRATION, U.S. DEPARTMENT OF LABOR, WASHINGTON, D.C. 20210. THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL APPROVE, MODIFY, OR DISAPPROVE EVERY ADDITIONAL CLASSIFICATION ACTION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30 -DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 3. IN THE EVENT THE CONTRACTOR, THE LABORERS OR MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER DO NOT AGREE ON THE PROPOSED CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS, WHERE APPROPRIATE), THE CONTRACTING OFFICER SHALL REFER THE QUESTIONS, INCLUDING THE VIEWS OF ALL INTERESTED PARTIES AND THE RECOMNIENDATION OF THE CONTRACTING OFFICER, TO THE ADMINISTRATOR FOR DETERMINATION. THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL ISSUE A DETERMINATION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30 -DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 4. THE WAGE RATE (INCLUDING FRINGE BENEFITS WHERE APPROPRIATE) DETERMINED PURSUANT TO 29 C.F.R. § 5.5(a)(1)(v)(B) OR 29 C.F.R. § 5.5(a)(1)(v)(C), SHALL BE PAID TO ALL WORKERS PERFORMING WORK IN THE CLASSIFICATION UNDER THIS CONTRACT FROM THE FIRST DAY ON WHICH WORK IS PERFORMED IN THE CLASSIFICATION. (c) WHENEVER THE M M4UM WAGE RATE PRESCRIBED IN THE CONTRACT FOR A CLASS OF LABORERS OR MECHANICS INCLUDES A FRINGE BENEFIT WHICH IS NOT EXPRESSED AS AN HOURLY RATE, THE CONTRACTOR SHALL EITHER PAY THE BENEFIT AS STATED IN THE WAGE DETERMINATION OR SHALL PAY ANOTHER BONA FIDE FRINGE BENEFIT OR AN HOURLY CASH EQUIVALENT THEREOF. (d) IF THE CONTRACTOR DOES NOT MAKE PAYMENTS TO A TRUSTEE OR OTHER THIRD PERSON, THE CONTRACTOR MAY CONSIDER AS PART OF THE WAGES OF ANY LABORER OR MECHANIC THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BONA FIDE FRINGE BENEFITS UNDER A PLAN OR PROGRAM, PROVIDED, THAT THE SECRETARY OF LABOR HAS FOUND, UPON THE WRITTEN REQUEST OF THE CONTRACTOR, THAT THE APPLICABLE STANDARDS OF THE DAVIS -BACON ACT HAVE BEEN MET. THE SECRETARY OF LABOR MAY REQUIRE THE CONTRACTOR TO SET ASIDE IN A SEPARATE ACCOUNT ASSETS FOR THE MEETING OF OBLIGATIONS UNDER THE PLAN OR PROGRAM. Page 36 (2) WITHHOLDING. THE FEDERAL TRANSIT ADMINISTRATION (FTA) SHALL UPON ITS OWN ACTION OR UPON WRITTEN REQUEST OF AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF LABOR WITHHOLD OR CAUSE TO BE WITHHELD FROM THE CONTRACTOR, UNDER THIS AGREEMENT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME RECIPIENT OR ANY OTHER FEDERALLY ASSISTED CONTRACT SUBJECT TO DAVIS-BACON PREVAILING WAGE REQUIREMENTS, WHlCH.I$ HELD BY THE SAME PRIME CONTRACTOR, SO MUCH OF THE ACCRUED PAYMENTS OR ADVANCES AS MAY BE CONSIDERED NECESSARY TO PAY LABORERS AND MECHANICS, INCLUDING APPRENTICES, TRAINEES, AND.HELPERS, EMPLOYED BY THE CONTRACTOR OR.ANY SUBCONTRACTOR THE FULL AMOUNT OF WAGES REQUIRED BY THE CONTRACT. IN THE EVENT OF FAILURE TO PAY ANY LABORER OR MECHANIC, INCLUDING ANY APPRENTICE, TRAINEE, OR HELPER, EMPLOYED OR WORKING ON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE CONSTRUCTION OR DEVELOPMENT OF THE FTA ASSISTED PROJECT), ALL OR PART OF THE WAGES REQUIRED BY THE CONTRACT, FTA MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS UNTIL SUCH VIOLATIONS HAVE CEASED. (3) PAYROLLS AND BASIC RECORDS. (a) PAYROLLS AND BASIC RECORDS RELATING THERETO SHALL BE MAINTAINED BY THE CONTRACTOR DURING THE COURSE OF THE WORK AND PRESERVED FOR A PERIOD OF THREE YEARS THEREAFTER FOR ALL LABORERS AND MECHANICS WORKING AT THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937, OR UNDER THE HOUSING ACT OF 1949, IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT). SUCH RECORDS SHALL CONTAIN THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF EACH SUCH WORKER, HIS OR HER CORRECT CLASSIFICATION, HOURLY RATES OF WAGES PAID (INCLUDING RATES OF CONTRIBUTIONS OR COSTS ANTICIPATED FOR BONA FIDE FRINGE BENEFITS OR CASH EQUIVALENTS THEREOF OF THE TYPES DESCRIBED IN SECTION 1(b)(2)(B) OF THE DAVIS-BACON ACT), DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE AND ACTUAL WAGES PAID. WHENEVER THE SECRETARY OF LABOR HAS FOUND UNDER 29 C.F.R. § 5.5(a)(I)(iv) THAT THE WAGES OF ANY LABORER OR MECHANIC INCLUDE THE AMOUNT OF.ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BENEFITS UNDER A PLAN OR PROGRAM DESCRIBED IN SECTION 1(b)(2)(B) OF THE DAVIS-BACON ACT, THE CONTRACTOR SHALL MAINTAIN RECORDS WHICH SHOW THAT THE COMMITMENT TO PROVIDE SUCH BENEFITS IS ENFORCEABLE, THAT THE PLAN OR PROGRAM IS FINANCIALLY RESPONSIBLE, AND THAT THE PLAN OR PROGRAM HAS BEEN COMMUNICATED IN WRITING TO THE LABORERS OR MECHANICS AFFECTED, ' AND RECORDS WHICH SHOW THE COSTS ANTICIPATED OR THE ACTUAL COSTS INCURRED IN PROVIDING SUCH BENEFITS. CONTRACTORS EMPLOYING APPRENTICES OR TRAINEES UNDER APPROVED PROGRAMS SHALL MAINTAIN WRITTEN EVIDENCE Page 37 0 0 OF THE REGISTRATION OF APPRENTICESHIP PROGRAMS AND CERTIFICATION OF TRAINEE PROGRAMS, THE REGISTRATION OF THE APPRENTICES AND TRAINEES, AND THE RATIOS AND WAGE RATES PRESCRIBED IN THE APPLICABLE PROGRAMS. (b) 1. THE CONTRACTOR SHALL SUBMIT WEEKLY FOR EACH WEEK IN WHICH.ANY CONTRACT WORK IS PERFORMED A COPY OF ALL PAYROLLS TO FTA IF FTA IS A PARTY TO THE CONTRACT; BUT IF FTA IS NOT SUCH A PARTY, THE CONTRACTOR WILL SUBMIT THE PAYROLLS TO THE APPLICANT, SPONSOR, OR OWNER, AS THE CASE MAY BE, FOR TRANSMISSION TO FTA. THE PAYROLLS SUBMITTED SHALL SET OUT ACCURATELY AND COMPLETELY ALL OF THE INFORMATION REQUIRED TO BE MAINTAINED UNDER 29 C.F.R. § 5.5(a)(3)(i). THIS INFORMATION MAY SUBMITTED IN ANY FORM DESIRED. OPTIONAL FORM WH -347 IS AVAILABLE FOR THIS PURPOSE AND MAYBE PURCHASED FROM THE SUPERINTENDENT OF DOCUMENTS (FEDERAL STOCK NO. 029-005-00014- 1), U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON, D.C. 20402. THE PRIME CONTRACTOR IS RESPONSIBLE FOR THE SUBMISSION OF COPIES OF PAYROLLS BY ALL SUBCONTRACTORS. 2. EACH PAYROLL SUBMITTED SHALL BE ACCOMPANIED BY A "STATEMENT OF COMPLIANCE," SIGNED BY THE CONTRACTOR OR SUBCONTRACTOR OR HIS OR HER AGENT WHO PAYS OR SUPERVISES THE PAYMENT OF THE PERSONS EMPLOYED UNDER THE CONTRACT AND SHALL CERTIFY THE FOLLOWING: a. THAT THE PAYROLL FOR THE PAYROLL PERIOD CONTAINS THE INFORMATION REQUIRED TO BE MAINTAINED UNDER 29 C.F.R. § 5.5.(a)(3)(i) AND THAT SUCH INFORMATION IS CORRECT AND COMPLETE; h. THAT EACH LABORER OR MECHANIC (INCLUDING EACH HELPER, APPRENTICE, AND TRAINEE) EMPLOYED ON THE CONTRACT DURING THE PAYROLL PERIOD HAS BEEN PAID THE FULL WEEKLY WAGES EARNED, WITHOUT REBATE, EITHER DIRECTLY OR INDIRECTLY, AND THAT NO DEDUCTIONS HAVE BEEN MADE EITHER DIRECTLY OR INDIRECTLY FROM THE FULL WAGES EARNED, OTHER THAN PERMISSIBLE DEDUCTIONS AS SET FORTH AT 29 C.F.R- PART 3; c. THAT EACH LABORER OR MECHANIC HAS BEEN PAID NOT LESS THAN THE APPLICABLE WAGE RATES AND FRINGE BENEFITS OR CASH EQUIVALENTS FOR THE CLASSIFICATION OF WORK PERFORMED, AS SPECIFIED IN THE APPLICABLE WAGE DETERMINATION INCORPORATED INTO THE CONTRACT. I THE WEEKLY SUBMISSION OF A PROPERLY EXECUTED CERTIFICATION SET FORTH ON THE REVERSE SIDE OF OPTIONAL FORM WH -347 Page 38 SHALL SATISFY THE REQUIREMENT FOR SUBMISSION OF THE "STATEMENT OF COMPLIANCE" REQUIRED BY 29 C.F.R_ § 5.5(a)(3)(ii)(B). 4. THE FALSIFICATION OF ANY OF THE ABOVE CERTIFICATIONS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRINE NAL PROSECUTION UNDER 18 U.S.C. § 1001 AND 31 U.S.C. § 231. (c) THE CONTRACTOR OR SUBCONTRACTOR SHALL MAKE THE RECORDS REQUIRED UNDER 29 C.F.R_ § 5.5(4)(3xi) AVAILABLE FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF FTA OR THE DEPARTMENT OF LABOR, AND SHALL PERMIT SUCH REPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. IF THE CONTRACTOR OR SUBCONTRACTOR FAILS TO SUBMIT THE REQUIRED RECORDS OR MAKE THEM AVAILABLE, FTA MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY. BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS. FURTHERMORE, FAILURE TO SUBMIT THE REQUIRED RECORDS UPON REQUEST OR MAKE SUCH RECORDS AVAILABLE MAY BE GROUNDS FOR DEBARMENT ACTION PURSUANT TO 29 C.F.R. § 5.12. (4) APPRENTICES AND TRAINEES.. (a) APPRENTICES. APPRENTICES WILL BE PERMITTED TO WORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK THEY PERFORMED WHEN THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A BONA FIDE APPRENTICESHIP PROGRAM REGISTERED WITH THE U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, BUREAU OF APPRENTICESHIP AND TRAINING, OR WITH A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, OR IF A PERSON IS EMPLOYED IN HIS OR HER FIRST 90 DAYS OF PROBATIONARY EMPLOYMENT AS AN APPRENTICE IN SUCH AN APPRENTICESHIP PROGRAM, WHO IS NOT INDIVIDUALLY REGISTERED IN THE PROGRAM, BUT WHO HAS BEEN CERTIFIED BY THE BUREAU OF APPRENTICESHIP AND TRAINING OR A STATE APPRENTICESHIP AGENCY (WHERE APPROPRIATE) TO BE ELIGIBLE FOR PROBATIONARY EMPLOYMENT AS AN APPRENTICE. THE ALLOWABLE RATIO OF APPRENTICES TO JOURNEYMEN ON THE JOB SITE IN ANY CRAFT CLASSIFICATION SHALL NOT BE GREATER THAN THE RATIO PERMITTED TO THE CONTRACTOR AS TO THE ENTIRE WORK FORCE UNDER THE REGISTERED PROGRAM ANY WORKER LISTED ON A PAYROLL AT AN APPRENTICE WAGE RATE, WHO IS NOT REGISTERED OR OTHERWISE EMPLOYED AS STATED ABOVE, SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED. IN ADDITION, ANY APPRENTICE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED. WHERE A CONTRACTOR IS PERFORMING CONSTRUCTION ON A PROJECT IN A LOCALITY OTHER THAN THAT Page 39 • .0 IN WHICH ITS PROGRAM IS REGISTERED, THE RATIOS AND WAGE RATES (EXPRESSED IN PERCENTAGES OF THE JOURNEYMAN'S HOURLY RATE) SPECIFIED IN THE CONTRACTOR'S OR SUBCONTRACTOR'S REGISTERED PROGRAM SHALL BE OBSERVED. EVERY APPRENTICE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE REGISTERED PROGRAM FOR THE APPRENTICE'S LEVEL OF PROGRESS, EXPRESSED AS A PERCENTAGE OF THE JOURNEYMAN HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINATION. APPRENTICES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE APPRENTICESHIP PROGRAM. IF THE APPRENTICESHIP PROGRAM DOES NOT SPECIFY FRINGE BENEFITS, APPRENTICES MUST BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION FOR THE APPLICABLE_ CLASSIFICATION. IF THE ADMINISTRATOR DETERMINES THAT A DIFFERENT PRACTICE PREVAILS FOR THE APPLICABLE APPRENTICE CLASSIFICATION, FRINGE BENEFITS SHALL BE PAID IN ACCORDANCE WITH THAT DETERMINATION. IN THE EVENT THE BUREAU OF APPRENTICESHIP AND TRAINING, OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, WITHDRAWS APPROVAL OF AN APPRENTICESHIP PROGRAM, THE CONTRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE APPRENTICES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. (b) TRAINEES. EXCEPT AS PROVIDED IN 29 C.F.R. § 5.16, TRAINEES WILL NOT BE PERMITTED TO WORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK PERFORMED UNLESS THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A PROGRAM WHICH HAS RECEIVED PRIOR. APPROVAL, EVIDENCED BY FORMAL CERTIFICATION BY THE U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION. THE RATIO OF TRAINEES TO JOURNEYMEN ON THE JOB SITE SHALL NOT BE GREATER THAN PERMITTED UNDER THE PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION. EVERY TRAINEE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE APPROVED P-ROGRAMTOR THE TRAINEE'S LEVEL OF PROGRESS, EXPRESSED AS A PERCENTAGE OF THE JOURNEYMAN HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINATION. TRAINEES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE TRAINEE PROGRAM. IF THE TRAINEE-PROGRAM DOES NOT MENTION FRINGE BENEFITS, TRAINEES SHALL BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION UNLESS THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION DETERMINES THAT THERE IS AN APPRENTICESHIP PROGRAM ASSOCIATED WITH THE CORRESPONDING JOURNEYMAN WAGE RATE ON THE WAGE DETERMINATION THAT PROVIDES FOR LESS THAN FULL FRINGE BENEFITS FOR APPRENTICES. ANY EMPLOYEE LISTED ON THE PAYROLL AT A TRAINEE RATE WHO IS NOT REGISTERED AND PARTICIPATING IN A TRAINING PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION SHALL BE.PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED. Page 40 IN ADDITION, ANY TRAINEE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED. IN THE EVENT THE EMPLOYMENT AND TRAINING ADMINISTRATION WITHDRAWS APPROVAL OF A TRAINING PROGRAM, THE CONTRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE TRAINEES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. (c) EQUAL EMPLOYMENT OPPORTUNITY. THE UTILIZATION OF APPRENTICES, TRAINEES, AND JOURNEYMEN UNDER 29 C.F.R. PART 5 SHALL BE IN CONFORMITY WITH THE EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS OF EXECUTIVE ORDER NO. 11246, AS AMENDED, AND 29 C.F.R. PART 30. (5) COMPLIANCE WITH COPELAND ACT REQUIREMENTS. THE CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF 29 C.F.R. PART 3, WHICH ARE INCORPORATED HEREIN BY REFERENCE. (6) CONTRACT TERMINATION: DEBARMENT. A BREACH OF THE CONTRACT CLAUSES IN 29 C.F.R. §; 5.5. MAY BE GROUNDS FOR TERMINATION OF THE CONTRACT, AND FOR DEBARMENT AS A CONTRACTOR AND A SUBCONTRACTOR AS PROVIDED IN 29 C.F.R. § 5.12. (7) COMPLIANCE WITH DAVIS -BACON AND RELATED ACT REQUIREMENTS. ALL RULINGS AND INTERPRETATIONS OF THE DAVIS -BACON AND RELATED ACTS CONTAINED IN 29 C.F.R. PARTS 1, 3, AND 5 ARE INCORPORATED HEREIN BY Ilia; Ki:1:04)� (8) DISPUTES CONCER THE LABOR STANDARDS DISPUTES ARISING OUT OF KACT SHALL NOT BE SUBJECT TO THE GENERAL DISPUTES CLAUSE OF THIS CONTRACT. SUCH DISPUTES SHALL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURES OF THE DEPARTMENT OF LABOR SET FORTH IN 29 C.F.R PARTS 5, 6, AND 7. DISPUTES WITHIN THE MEANING OF THIS CLAUSE INCLUDE DISPUTES BETWEEN THE CONTRACTOR (OR ANY OF ITS SUBCONTRACTORS) AND THE CONTRACTING AGENCY, THE U.S. DEPARTMENT OF LABOR, OR THE EMPLOYEES OR THEIR REPRESENTATIVES. (9) CERTIFICATION OF ELIGIBILITY. (a) BY ENTERING INTO THIS AGREEMENT OR A THIRD PARTY CONTRACT FINANCED UNDER THIS AGREEMENT, THE CONTRACTOR CERTIFIES THAT NEITHER IT (NOR HE NOR SHE) NOR ANY PERSON OR FIRM THAT HAS AN INTEREST IN THE CONTRACTOR'S. FIRM IS A PERSON OR FIRM INELIGIBLE TO BE AWARDED GOVERNMENT CONTRACTS BY VIRTUE OF SECTION 3(a) OF THE DAVIS -BACON ACT OR 29 C.F.R. § 5.12(a)(1). Page 41 (b) NO PART OF THIS CONTRACT SHALL BE SUBCONTRACTED TO ANY PERSON OR FIRM INELIGIBLE FOR AWARD OF A GOVERNMENT CONTRACT BY VIRTUE OF SECTION 3(a) OF THE DAVIS -BACON ACT OR 29 C.F.R § 5.12(aXI). (c) THE PENALTY FOR MAKING FALSE STATEMENTS IS PRESCRIBED IN THE U.S. CRIMINAL CODE, 18 U.S.C. § 1001. (10) OVERTIME REQUIREMENTS. NO CONTRACTOR OR SUBCONTRACTOR CONTRACTING FOR ANY PART OF THE CONTRACT WORK WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL REQUIRE OR PERMIT ANY SUCH LABORER OR MECHANIC IN ANY WORK WEEK IN WHICH HE OR SHE IS EMPLOYED ON SUCH WORK TO WORK IN EXCESS OF FORTY HOURS IN SUCH WORK WEEK UNLESS SUCH LABORER OR MECHANIC RECEIVES COMPENSATION ATA RATE NOT LESS THAN ONE AND ONE -HALF TIMES THE BASIC RATE OF PAY FOR ALL HOURS WORKED IN EXCESS OF FORTY HOURS IN SUCH WORK WEEK. (11) VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. IN THE EVENT OF ANY VIOLATION OF THE REQUIREMENTS OF 29 C.F.R § 5.5(b)(1), THE CONTRACTOR AND ANY SUBCONTRACTOR RESPONSIBLE THEREFOR SHALL BE LIABLE FOR THE UNPAID WAGES. IN ADDITION, SUCH CONTRACTOR AND SUBCONTRACTOR SHALL BE LIABLE TO THE UNITED STATES (IN THE CASE OF WORK DONE UNDER CONTRACT FOR THE DISTRICT OF COLUMBIA OR A TERRITORY, TO SUCH DISTRICT OR TO SUCH TERRITORY) FOR LIQUIDATED DAMAGES. SUCH LIQUIDATED DAMAGES SHALL BE COMPUTED WITH RESPECT TO EACH INDIVIDUAL LABORER OR MECHANIC, INCLUDING WATCHMEN AND GUARDS, EMPLOYED IN VIOLATION OF 29 C.F.R § 5.5(b)(1) IN THE SUM OF $10 FOR EACH CALENDAR DAY ON WHICH SUCH INDIVIDUAL WAS REQUIRED OR PERNIITTED TO WORK IN EXCESS OF THE STANDARD WORK WEEK OF FORTY HOURS WITHOUT PAYMENT OF THE OVERTIME WAGES REQUIRED BY 29 C.T.R. § 5.5(b)(1). (12) WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. FTA OR THE RECIPIENT SHALL UPON ITS OWN ACTION OR UPON WRITTEN REQUEST OF AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF LABOR WITHHOLD OR CAUSE TO BE WITHHELD, FROM ANY MONEYS PAYABLE ON ACCOUNT OF WORK PERFORMED BY THE CONTRACTOR OR SUBCONTRACTOR UNDER ANY SUCH CONTRACT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME PRIME CONTRACTOR, OR ANY OTHER FEDERALLY ASSISTED CONTRACT SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, WHICH IS HELD BY THE SAME PRIME CONTRACTOR, SUCH SUMS AS MAY BE DETERMINED TO BE NECESSARY TO SATISFY ANY LIABILITIES OF SUCH CONTRACTOR OR SUBCONTRACTOR FOR UNPAID WAGES AND LIQUIDATED DAMAGES AS PROVIDED IN THE CLAUSE SET FORTH AT 29 C.F.R § 5.5(b)(2). Page 42 (13) SUBCONTRACTS. THE CONTRACTOR OR SUBCONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS THE CLAUSES SET FORTH IN PART 11, SUBSECTIONS 119.a(1) THROUGH (13) OF THIS AGREEMENT AND ALSO A CLAUSE REQUIRING THE SUBCONTRACTORS TO INCLUDE THESE CLAUSES IN ANY LOWER TIER SUBCONTRACTS. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCEBY ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR WITH THE CLAUSES SET FORTH IN PART D, SUBSECTIONS 119.a(1) THROUGH 119.a(12) OF THIS AGREEMENT. b. Supended He er Provision. The following provision maybe substituted.for the tenors of Section 119.a(1)(b) for any third party contract awarded before October 21, 1993. (b) 1. THE CONTRACTING OFFICER SHALL REQUIRE THAT ANY CLASS OF LABORERS OR MECHANICS, INCLUDING HELPERS, THAT IS NOT LISTED IN THE WAGE DETERMINATION AND THAT IS TO BE EMPLOYED UNDER THE CONTRACT SHALL BE CLASSIFIED IN CONFORMANCE WITH THE WAGE DETERMINATION. THE CONTRACTING OFFICER SHALL APPROVE AN ADDITIONAL CLASSIFICATION AND WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOWING CRITERIA HAVE BEEN MET: a. EXCEPT WITH RESPECT TO HELPERS AS PREVIOUSLY DEFINED IN 29 C.F.R § 5.2(n)(4), THE WORK TO BE PERFORMED BY THE CLASSIFICATION REQUESTED IS NOT PERFORMED BY A CLASSIFICATION IN THEWAGE DETERMINATION; AND b. THE CLASSIFICATION IS UTILIZED IN THE AREA BY THE CONSTRUCTION INDUSTRY, AND c. THE PROPOSED WAGE RATE, INCLUDING ANY BONA FIDE FRINGE BENEFITS, BEARS A REASONABLE RELATIONSHIP TO THE WAGE RATES CONTAINED IN THE WAGE DETERMINATION. d. WITH RESPECT TO HELPERS AS PREVIOUSLY DEFINED IN 29 C.F:R § 5.2(n)(4), SUCH A CLASSIFICATION PREVAILS IN THE AREA IN WHICH THE WORK IS PERFORMED. 2. IF THE CONTRACTOR AND THE LABORERS AND MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION (IF KNOWN), OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER AGREE ON THE CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS WHERE APPROPRIATE), A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE CONTRACTING OFFICER TO THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION, EMPLOYMENT STANDARDS ADMINISTRATION, U.S. DEPARTMENT OF LABOR, WASHINGTON, D.C. 20210. THE ADMINISTRATOR; OR AN AUTHORIZED REPRESENTATIVE, WILL APPROVE, MODIFY, OR DISAPPROVE EVERY Page 43 0 0 ADDITIONAL CLASSIFICATION ACTION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 3-. IN THE EVENT THE CONTRACTOR, THE LABORERS OR MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER DO NOT AGREE ON THE PROPOSED CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS, WHERE APPROPRIATE), THE CONTRACTING OFFICER SHALL REFER THE QUESTIONS, INCLUDING THE VIEWS OF ALL INTERESTED PARTIES AND THE RECOMMENDATION OF THE CONTRACTING OFFICER, TO THE ADMINISTRATOR FOR DETERMINATION. THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL ISSUE A DETERMINATION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 4. THE WAGE RATE (INCLUDING FRINGE BENEFITS WHERE APPROPRIATE) DETERMINED PURSUANT TO 29 C.F.R § 5.5(a)(1)(ii)(B) OR 29 C.F.R § 5.5(a)(1)(ii)(C), SHALL BE PAID TO ALL WORKERS PERFORMING WORK IN THE CLASSIFICATION UNDER THIS CONTRACT FROM THE FIRST DAY ON WHICH WORK IS PERFORMED IN THE CLASSIFICATION. c. Nonconstruction Contracts. Pursuant to Department of Labor regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally. Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part S, the following provisions shall be incorporated in all federally - assisted nonconstruction contracts of $2,500 let by the Recipient in carrying out the Project: (1) NONCONSTRUCTION CONTRACTS. THE REQUIREMENTS OF THE CLAUSES CONTAINED IN 29 C.F.R § 5.5(b) OR PART II, SUBSECTIONS 119.a(10) THROUGH 119.x(13) OF THIS AGREEMENT ARE APPLICABLE TO ANY CONTRACT SUBJECT TO THE OVERTIME PROVISIONS OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT AND NOT TO ANY OF THE OTHER STATUTES CITED IN 29 C.F.R § 5.1. THE CONTRACTOR OR SUBCONTRACTOR SHALL MAINTAIN PAYROLLS AND BASIC PAYROLL RECORDS DURING THE COURSE OF THE WORK AND SHALL PRESERVE THEM FOR A PERIOD OF THREE YEARS FROM THE COMPLETION OF THE CONTRACT FORALL LABORERS AND MECHANICS, INCLUDING GUARDS AND WATCHMEN, WORKING ON THE CONTRACT. SUCH RECORDS SHALL CONTAIN THE NAME AND ADDRESS OF EACH SUCH EMPLOYEE, SOCIAL SECURITY NUMBER, CORRECT CLASSIFICATIONS, HOURLY RATES OF WAGES PAID, DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE, AND ACTUAL WAGES PAID. THE RECORDS TO BE MAINTAINED _UNDER THIS CLAUSE SHALL BE MADE AVAILABLE BY THE CONTRACTOR OR SUBCONTRACTOR FOR INSPECTION, Page 44 COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF THE FEDERAL TRANSIT ADMINISTRATION,. U.S. DEPARTMENT OF TRANSPORTATION, OR THE DEPARTMENT OF LABOR, AND THE CONTRACTOR OR SUBCONTRACTOR WILL PERMIT SUCH REPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING.HOURS ON THE JOB. (2) NONCONSTRUCTION SUBCONTRACTS. THE CONTRACTOR OR SUBCONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS THE CLAUSES SET FORTH IN PART IL SUBSECTIONS 119.a(10) THROUGH (12) AND SUBSECTION 119.b(2) OF THIS AGREEMENT AND ALSO A CLAUSE REQUIRING THE SUBCONTRACTORS TO INCLUDE THESE CLAUSES IN ANY LOWER TIER SUBCONTRACTS. THE PRMlE. CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE BY ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR WITH THE CLAUSES SET FORTH IN PART II; SUBSECTIONS 1.19.a(lo) THROUGH 119.x(12) AND SUBSECTION 119.b(2) OF THIS AGREEMENT. d. State and Local Government Employees. The provisions of the Fair Labor Standards Act, as amended, apply to State and local government employees participating in the FTA assisted Project with the Recipient. Section 120. Environmental Resource Conservation. and Energy R—Quirements. The Recipient recognizes that many Federal and State statutes imposing environmental, resource conservation, and energy requirements may apply to the Project. Some, but not all, of the major Federal laws that may affect the Project include: the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 gt Le_q.; the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. and scattered sections of 29 U.S.C.; the Clean Water Act, as amended, scattered sections of 33 U.&C. and 12 U.S.C.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 et sect.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601 gtt gq. The Recipient also recognizes that the Environmental Protection Agency (EPA), the Federal Highway Administration MMA) and other agencies of the Federal Government have issued and are expected in the future to issue requirements in the form of regulations, guidelines, standards, orders, or other directives that may affect the Project. Accordingly, the Recipient agrees to adhere to, and impose on.its subrecipients, any such Federal requirements, as the Government may now or in the future promulgate. Listed below are requirements of particular concern to FTA. The Recipient expressly understands that this list does not constitute the Recipient's entire obligation to meet Federal requirements. a. Environmental Protection. The Recipient agrees to comply with applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 gt sgg.; section 14 of the Federal Transit Act, as amended, 49 U.S.C. app. §§ 1610; Council on Environmental Quality regulations, 40 C.F.R. Part 1500 gt ems.; and joint FHWAXTA,regulations, "Environmental Impact and Related Procedures," at 23 C F.R. Part 77.1, and 49 C.F.R Part 622. Page 45 o b. Air Wi The Recipient agrees to comply with.applicable requirements of EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R Part 93. To support the requisite air quality conformity finding for the Project, the Recipient agrees to implement each air quality mitigation and control measure incorporated in the Project. The Recipient agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the description of the design concept and scope of the Project set forth in the SIP. EPA also imposes requirements pertaining to the Clean Air Act, as amended, that may apply to transit operators, particularly operators of large transit bus fleets. Thus, the Recipient should be aware that the following EPA regulations, among others, may apply to its Project: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C.F.R Part 85; "Control of Air Pollution from New and In -Use Motor Vehicles and New and In -Use Motor Vehicle Engines: Certification and Test Procedures," 40 C.F.R Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R Part 600. c. Use of Public Lands. No publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof; or any land from an historic site of national; State, or local significance may be used for the Project unless specific findings required by 49 U.S.C. § 303 are made by U.S. DOT. d. Historic Preservation. The Recipient agrees to assist the Government to comply with section 106 of the National I;storicPreservation Act, 16 U.S.C. § 470>y involving historic and archaeological preservation by: (1) Consulting the State Historic Preservation Officer on the conduct of investigations, in accordance with Advisory Council on Historic Preservation regulations; "Protection of I$storic and Cultural Properties," 36 C.F.R Part 800, to identify properties and resources listed.in or eligible foHriclusion in the National Register of Historic Places that may be affected by the Project,. and notifying the Government (FTA) of the existence of any such properties; and (2) Complying with all Federal requirements to avoid or mitigate adverse effects upon such properties. e. Energy Conservation. The Recipient and its third party contractors shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et &Q. f. Mitigation-of Adverse Environmental Effects. Should the proposed Project cause adverse environmental effects, the Recipient agrees to take all reasonable steps to minimize such effects Page 46 pursuant to 49 U.S.C. app. § 1610, all other applicable statutes, and the.procedures set forth in 23 C.F.R Part 771 and 49 C.F.R. Part 622. The Recipient agrees to undertake all environmental mitigation measures that may be identified as commitments in applicable environmental documents (such as environmental assessments, environmental impact statements, memoranda of agreement, and statements required by 49 U.S.C. § 303) and with any conditions imposed by the Government as part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in and made part of this Agreement by reference. As soon as the Government and the Recipient reach agreement on any mitigation measures that have been deferred, those measures will then be incorporated into this Agreement. Such mitigation measures may not be modified or withdrawn without the express written approval of the Government. Section 121. Charter Service Operations. Neither the Recipient nor any mass transit operator that acts on behalf of a Recipient may engage in charter service operations except as provided under section 3(f) of the Federal Transit Act, as amended, 49 U.S.C. app. § 1602(f), and FTA regulations, "Charter Service," 49 C.F.R Part 604. Any charter service agreement entered into under these regulations is incorporated into this Agreement by reference. Section 122. School Bus Operations. Neither the Recipient nor any mass transit operator that acts on behalf of a Recipient may engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as provided in section 3(g) of the Federal Transit Act, as amended, 49 U.S.C. app. § 1602(g), and FTA regulations, "School Bus Operations," 49 C.F.R Part 605, and any amendments thereto that may be issued. Any school bus agreement entered into under these regulations is incorporated into this Agreement by reference. Section 123. Private Enterprise. The private enterprise provisions of sections 3(e), 8(o), and 9(f) of the Federal Transit Act, as amended, 49 U.S.C. app. §§ 1602(e), 1607(o), and 1607a(f), and implementing guidance in FTA Circular 7005. 1, "Documentation of Private Enterprise Participation Required for Sections 3 and 9 Programs," as may be revised, and any other U.S. DOT or FTA guidance that may be issued apply to Projects financed under Sections 3 and 9 of the Federal Transit Act, as amended, and Sections 103(e)(4) and 142 of Title 23, United States Code. Page 47 Section. 124. Metric System The Recipient agrees to use the metric system of measurement in its Project activities, in conformance with applicable regulations, guidelines, and policies that U.S. DOT or FTA may issue. Section 125. Priyacv. Should the Recipient, or any of its third party contractors, subrecipients, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974 (the Act), 5 U.S.C. § 552a, imposes information restrictions on the party managing the system of records. a. For purposes of the Act, when the Agreement involves the operation of a system of records on individuals to accomplish a Government function, the Recipient and any third party contractors, subrecipients and their employees involved therein are considered to be Government employees with respect to the Government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this Section 125 will make this Agreement subject to termination. b. As used in this Section 125: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by the Recipient on behalf of the Government including, but not limited to, his or her education, financial transactions, medical history, and criminal, or employment history and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. (3) "System of records" on individuals means a group of any records under the control of the Recipient on behalf of the Government from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual. c. The Recipient agrees: (1) To comply with the Privacy Act of 1974, S U.S.C. § 552a, and regulations thereunder, when performance under the Project involves the design, development, or operation of any system of records on individuals to be operated by the Recipient, its third party contractors, subrecipients, or their employees to accomplish a Government function; Page 48 (2) To notify the Government when the Recipient or any of its third party contractors, subrecipients, or their employees anticipates operating a system of records on behalf of the Government in order to implement the Project, if such system contains information about individuals retrievable by the individual's name or other identifier assigned to the individual. A system of records subject to the Act may not be used in carrying out this Project until the necessary and applicable approval and publication requirements have been met. The Recipient, its third party contractors, subrecipients, and their employees agree to correct, maintain, disseminate, and use such records as required by the Act, and to comply with all applicable terms of the Act; (3) To include in every solicitation and in every third party contract and sub- agreement when the performance of work under that proposed third party contract or sub - agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third party contract or sub- agreement to accomplish a Government function, a Privacy Act notification informing the third party contractor, or subrecipient that it will be required to design, develop, or operate a system of records on individuals to accomplish a Government function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and Federal agency regulations, and that a violation of the Act may involve the imposition of criminal penalties; and (4) To include the text of Part II, Subsections 125.c(1) through 125.c(3) of this Agreement, in all third party contracts and sub - agreements under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of the Government. Section 126. Substance Abuse. The Recipient agrees to comply with U.S. DOT regulations, "Drug -Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F; and other U.S. DOT and FTA regulations and guidance pertaining to substance abuse (drugs and alcohol) that may be promulgated. Section 127. State Safety Oversight of Rail Fixed Guideway Public Ss. The Recipient agrees to comply with any applicable regulations issued pursuant to section 128 of the Federal Transit Act, as amended, 49 U.S.C. app. § 1624, and other guidance that FTA or U.S. DOT may issue pertaining to safety oversight of rail fixed guideway public systems. Section 128. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. assns Page 49 Resolution No. 8165 (1993 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CONCEPTUAL PHYSICAL PLAN FOR THE CITY'S CENTER AS A LONG RANGE VISION FOR THE DOWNTOWN AND A GUIDE FOR PUBLIC AND PRIVATE INVESTMENT IN THE DOWNTOWN WHEREAS, A Conceptual Physical Plan for the City's Center, hereinafter referred to as the "Downtown Plan ", has been prepared and presented by the Council appointed Downtown Plan Committee; and , WHEREAS, the design decisions-incorporated within the Downtown Plan are the product of ideas generated both by the Committee and by a representative panel of citizens who interacted with the Committee during the 15 month plan development process; and WHEREAS, the Downtown Plan has subsequently been reviewed and evaluated by staff, the Planning Commission, the Architectural Review Commission, the Parks and Recreation Commission, the Cultural Heritage Committee, the City Traffic Engineer, and the public; and WHEREAS, the City Council has received comments and recommendations, which will be considered at each step of implementation, from those who have reviewed and evaluated the Downtown Plan; THEREFORE, the City Council resolves as follows: SECTION 1. Environmental Determination_. The Council hereby approves a Negative Declaration for the Downtown Plan, finding that the plan will not have a negative impact on the environment, and noting that individual public and private projects in the downtown shall be subject to CEQA requirements for environmental review at the time of proposal. SECTION 2. Plan Adoption. The Council hereby adopts A Conceptual Plan for the City's Center, including approved modifications as recorded in the minutes of this meeting and attached as the "Summary of Recommended Modifications to the Downtown Plan." SEC`nON 3. Implementation. The City Council directs appropriate staff and commissions to incorporate relevant components of A Conceptual Physical Plan for the City's Center into all City documents affecting future downtown development, specifically: 1. Design concepts proposed in the Downtown Plan should be considered in the update of the Architectural Review Guidelines. R -8165 2. Appropriate parts of the Downtown Plan should be incorporated into the update of the Land Use, Housing, Circulation, Open Space, and Parks and Recreation elements of the General Plan. 3. The Zoning Ordinance should be updated consistent with downtown development policies as amended into the General Plan. 4. The Parking Management Plan and the Bicycle Facilities Plan should be updated to address key transportation concepts presented in the Downtown Plan. 5. The City projects and related property acquisitions specified in the Downtown Plan should be considered as part of the City's capital improvement program. 6. Individual public and private projects in the downtown will be subject to CEQA requirements for environmental review at the time of proposal. 7. To ensure the plan remains current, the Planning Commission will review the Downtown Plan every two years and submit a report to the City Council on the status of the plan, including any recommended text or graphics revisions to keep the plan current with changes in economics, transportation technology, retailing, community tastes, and any other variables which may affect the vision of the downtown over time. On motion of Council Member Rappa ,seconded by Council Member Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of May 1993. Mayor tg Pinard ATTEST: D Clerk Diane R. adwell City dministrative Officer 1 . i0tt�/ RECOMMENDED CHANGES TO PLAN TEXT Heritage Park The implementation suggested in the plan to achieve a mid -block promenade; reads: As a condition of new development, the rear 25 feet of all lots should be offered to the City for dedication as a public right -of -way. As described, the implementation is not reflective of requirements needed to achieve the mid -block walkway depicted on the plan because (1) the rear lot lines are staggered and (2) an additional dedication provision would be necessary to create the circular park at the terminus of the walkway. (Area 10 on the face of the poster.) To enable configuration of the walkway and terminus as shown on the plan, staff recommends the following alternative language: As a condition of new development, property dedication should be required for all lots in the block bound by Nipomo, Marsh, Carmel, and Higuera streets, in order to create a mid -block pedestrian right-of-way and a terminus park as illustrated. Alternative Transportation A number of advisory comments stress the importance of alternative transportation modes as one of the best ways to improve the pedestrian experience. Staff recommends the text of the plan be modified, as suggested below, in acknowledgement of these comments, and to better reinforce the desirability of accommodating alternative transportation as a way of relieving traffic congestion and improving access to downtown. " replace key concepts "a" and "c" under "transportation" with: Minimize vehicle congestion in the downtown core by locating parking facilities at the core's periphery along key streets that enter the city and by encouraging use of alternative modes of transportation. Parking Structures Comments have questioned the need, for locating ten new parking structures as shown on the plan. Additional structures were deemed necessary by the plan designers to offset the loss of existing surface parking and to minimize vehicle congestion in the downtown core. The plan identifies key sites along the most commonly travelled streets into the downtown which the designers felt were best suited to accommodate peripheral parking. Because the number of structures will ultimately be based on future parking demand, the "P" designations on the plan .should be described as 'potential parking structure sites, " which would not preclude alternative site development should the demand for parking be less than the plan anticipates. I Surface Parking 1 � �J During Planning Commission review of the design plan, it was suggested that elimination of surface parking might not be the best solution in all cases; that retaining or allowing small surface lots may be appropriate in some cases. Therefore, the following alternative language is suggested: * under primary goal No. 6: teEncourag reucxtan A surface parking within the core area to allow infill of commercial and mixed use functions. * under standards for Area 2: Mission Plaza Extension Concerns have been raised regarding the relocation or demolition of historic structures in . the Mission Plaza extension area to make way for new cultural facilities as suggested by both the plan's text and perspective drawing No. 2 (Area 3). Plan designers stress that the plan is a very long range vision, perhaps 50 years or more into the future. Given such a timeline, it is reasonable to think that the neighborhood character along Monterey Street will change significantly in response to community needs and desires for expanded cultural facilities. In the near term, conserving historic structures in place is the best way to ensure their continuing contribution to community heritage. For consistency with existing City policy related to historic preservation, the following language should be incorporated into the "standards" for Area 3: Existing historic structures along Monterey Street, identified in the Historic Resource Program, should be maintained and readapted to accommodate new cultural facilities where feasible and desirable. Relocation or demolition should be considered only when it can be demonstrated to the satisfaction of the City Council that adaptive reuse of existing structures is not economical, nor functional, nor consistent with the goals of the Mission Plaza extension. San Luis Creek In order to better acknowlege San Luis Creek as a biological resource in addition to its aesthetic and recreational value, the text of the plan should be amended as follows:. * under primary goal No. 9 - as written: J Enhance San Luis Creek as a visual resource: extend its accessibility within a compatible setting. * alternative language: Enhance San Luis Creek as a visual 4611161b" &`4`1 resource fQr public` en�byrrent and wildlife iaabtta� * under key concepts "pedestrian access and environment, d" - additional language is highlighted: ........................................... ............................... ........ Extend pedestrian access along San Luis Creek whiz rrtttcrl interference to npartan ftbrtiz * under key concepts "community character in a park, a" - additional language is highlighted: Open up the creeks to more visual and physical access. Provide areas along the creeks! far public ac.. ccess and active recreation; and restrict ocher are= io visual access only Gateway Arch At an earlier Planning Commission meeting, the following modification was suggested: * under key concepts "gateways to the downtown, a ": Provide an entry arch orotlaergafeway feature on lower Marsh Street or near the freeway off ramp. (A similar change would be necessary under "public projects" for Area 14.) Miscellaneous Changes to Plan Text The following revisions to the text of the plan are recommended to clarify or reinforce plan concepts consistent with comments received and recommended implementation. * to clarify "anchor" under primary goal 10, add: Anchors may consist of a single department store or a complex of small stores. * under primary goal 15, include language recommended by the ARC: Encourage clear transitions (zone boundaries) at mid -block rather than at the street. * to clarify the City role in funding projects, add under "implementation: public investment ": .................... Tire adjacent table recommends priorities for city acquisitions and public pro jectsF $ tbje t ta' avatlrt$ility o f fun�S * consistent with staffs recommendation to retain the poster format of the plan and publish a separate cross - reference to implementing documents, revise text under "implementation: adoption of standards and guidelines" as follows: paragraph 1 - Standards should be incorporated into the General Plan and then referenced in the zoning ordinance and ,?tfaer rrnplementing 4. acunTenrs paragraph 2 - Guidelines should also be included in the General Plan, twid they should be published bt a and be considered by staff, advisory commissions and the City Council when reviewing private and public projects. A separate handout, which cross references plan concepts with specific sections of implementing documents, shall also be available for property owners and other interested parties. RECOMMENDED CHANGES TO PLAN GRAPHICS Changes in plan graphics are recommended to: 1. Clarify traffic direction on Marsh and Higuera streets. 2. Correct the reference to perspective drawings #7 and #8 on the color - illustrated side of the poster. 3. More accurately reflect the footprints of existing buildings in the proposed Heritage Park area, which could be retained, consistent with development concept for Area 10. 4. Show access for vehicles on Morro Street between Higuera and Monterey streets. r RESOLUTION NO.8164(1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REDUCING THE SURETIES FOR TRACT NO. 2066 (VILLA ROSA COMPANY, SUBD.) WHEREAS, the City Council approved a subdivision agreement on May 5, 1992 per Resolution No. 8009 (1992 Series) for Tract 2066, and WHEREAS, the subdivider.has completed most of the subdivision improvements and has requested a release of the portion of the surety (Letters of Credit) on file which guarantees those improvements, and WHEREAS, the subdivision agreement requires a 10 percent retention for one (1) year after formal acceptance of the public improvements as a warranty for the improvements. NOW THEREFORE BE IT RESOLVED that the Faithful Performance and Labor & Materials sureties are hereby reduced to: 1. Faithful Performance (FP) Unfinished work $ 40,000 10 % retention (0.1 x $ 250,000) 25.000 Total $ 65,000 2. Labor & Materials (L&M) 50% of 1., above $ 32,500 * * NOTE: THIS IS SUBJECT TO SUBMITTAL OF A RECORDED "NOTICE OF COMPLETION" FOR THE COMPLETED WORK, DATED AT LEAST 35 DAYS PRIOR TO REDUCTION OF THIS SURETY, TO THE SATISFACTION OF THE CITY ATTORNEY. On motion of Council Member Settle ,seconded by Council Member Rappa and on the following roll call vote: R -8164 Resolution No.8164(1993 Series) Page Two. AYES: Council Members Settle, Rappa, Roalman, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of May . 1993. �, 1 l--A- • . ..� ATTEST: R 5IKNE G140WELL .� .. .- G:DR\Mlsc\T2066 ,ice U I"W�� RESOLUTION NO. 816�1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE SUBDIVISION AGREEMENT FOR TRACT NO. 1750 (UNITS 1 & 2) EXTENDING THE TIME TO SUBMIT SURETY (Rob Rossi, Subdivider) WHEREAS, the City Council conditionally approved the final map for Tract 1750 (Units 1 & 2) per Resolution No. 8086 (1992 Series), subject to submittal of adequate surety by February 10, 1993, guaranteeing installation of the required subdivision improvements, and WHEREAS, the City Council approved an amendment to the subdivision agreement per resolution No. 8119 (1993 Series) on February 6, 1993 which extended the time to submit the surety to May 11, 1993, and WHEREAS, the Subdivider has requested an additional 90 days in order to provide said surety. NOW THEREFORE, BE IT RESOLVED that the amendment to the subdivision Agreement for Tract No. 1750 (Units 1 & 2) is hereby approved and the Mayor is authorized to execute the amendment. The surety shall be submitted on, or before August 9, 1993, or this approval shall become null and void. The final map shall not be recorded until submittal and approval of the surety, to the satisfaction of the City Attorney. Council Member Council Member On motion of settle , seconded by Rappa and on the following roll call vote: R -8163 G Resolution No8163 1993 Series) Page Two AYES: Council Members Settle, Rappa, Roalman, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of may_, 1993. ATTEST: APPROVED AS TO FORM: APPROVED: C:I�e (�7". 0 S--� - di Adnunistrat ve Officer PAW P51 \0 Review\T17502XT.wp MAYOR PEG PINARD ©ft N EXHIBIT A r, i SUBDIVISION AGREEMENT AMENDMENT THIS AGREEMENT, dated this 5th day of May , 1993 by and between Robin L. Rossi, herein referred to as "SUBDIVIDER ", and the City of San Luis Obispo, herein referred to as "City ". WITNESSETH: Reference is hereby made to that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final map of Tract No. 1750 (Units 1 & 2), as approved by the City Council on November 10, 1992. WHEREAS, a Subdivision Agreement was entered into between the above - mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the subdivision agreement provided for satisfactory surety to be submitted by February 10, 1993, and WHEREAS, the City Council approved an amendment to the subdivision agreement per Resolution No. 8119 (1993 Series) which extended the time to submit the surety to May 11, 1993, and WHEREAS, the subdivider has requested an additional 90 days to submit said surety. NOW THEREFORE BE IT RESOLVED that the subdivision agreement dated November 10, 1992 for Tract No. 1750 (Units 1 & 2) is hereby modified to extend the time to submit the required Faithful.Performance and Labor & Materials surety by 90 days Tract No. 1750 (Units 1 & 2) Page Two to August 9, 1993. All other provisions of the aforementioned Subdivision Agreement shall remain in force. IN WITNESS WHEREOF, this has been executed by: . ROSS APPROVED: City of Sand Luis Obispo MAYOR - Pdfg Pinard ATTEST: —T>-?a1Pu lt�z 04"It6�(- CST CLERK - Diane Oladwdll APPROVED • FORM: APPROVED: -- John Dunn City Administratiye Officer icl Works Arnold B. JorAa Community Dev opment Director G: \W P51 \DRedew\T1750\2XT.wp � >� 001 1 v v o� O J C� RESOLUTION NO. 8162 (1993 Series) RESOLUTION ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION AND FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS WHEREAS, Government Code Section 22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and WHEREAS, Government Code Section 22754 (g) defines any Special District as a contracting agency, and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for retired employees and survivors at different amounts provided that the monthly contribution for retired employees and survivors shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, A Special District is hereby defined as a non - profit, self- governed public agency within the State of California, and comprised solely of public employees performing a governmental rather than proprietary function, and WHEREAS, City of San Luis Obispo, hereinafter referred to as a Special District is an entity meeting the above definition; and WHEREAS, The Special District desires to obtain for its employees and annuitants the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; and R -8162 Resolution No. 8162 (1993 Series) Page 2 WHEREAS, The Special District desires to obtain for the non -PERS City Council members, who are employees and annuitants of the agency, the benefit of the Act and to accept the liabilities and. obligations of an employer under the Act and Regulations; NOW, THEREFORE, BE IT RESOLVED, That the Special District elect, and it does hereby elect, to be subject to the provisions of the Act; and be it further RESOLVED, That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of sixteen dollars ($16.00) per month; and be it further RESOLVED, That the employer's contribution for each retired employee or survivor shall be the amount necessary to pay the cost of his enrollment, including the enrollment of his family members, in a health benefits plan up to a maximum of one dollar ($1.00) per month; and be it further RESOLVED, That the employer's contribution for each retired employee or survivor shall be increased annually by five percent (5 %) of the monthly contribution for employees, until such time as the contributions are equal; And that the contributions for active and retired employees and survivors shall be in addition to those amounts contributed by the Special District for administrative fees and to the Contingency Reserve Fund; and be it further Resolution No. 8162 (1993 Series) Page 3 RESOLVED, That the executive body appoint and direct, and it does hereby appoint and direct, the City Administrative Officer to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Special District all functions required of it under the Act and Regulations of the Board of Administration; and be it further RESOLVED, That coverage under the Act be effective on June 1, 1993. Upon motion of Council Member Settle and on the following roll call vote: , seconded by Council Member Rappa AYES: Council Members Settle, Rappa, Roalman,.and Mayor Pinard NOES: None ABSENT: Council Member Romero the resolution was adopted this 4th day of ATTEST: ►� N' R t . ' • 11MMM May , 1993. * * * * * * * * ** Resolution No. 8162 (1993 Series) Page 4 APPROVED: Personnel Director V1`'� RESOLUTION NO. 8161 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council hereby declares that all items of property listed in Exhibit A attached and incorporated herein by reference are surplus property. SECTION 2. Disposal of the property shall be made as determined by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. On motion of Council Member by Council Member Romero , and on the following roll call vote: ,seconded AYES: Council Members Rappa, Romero, Roalman, and Mayor Pinard NOES: Council Member Settle ABSENT: None the foregoing Resolution was passed and adopted the 4th day of May 91993. (2we 9ti44 4c Mayor P g Pinard ATTEST: 17&&OA- DiaA6 Gladv 11, City' Perk APPROVED: i tto ney R -8161 SURPLUS PROPERTY LIST - VEHICLES 8314 1983 City 7602 1976 City 8503 1985 City 8602 1985 City 7908 1979 City 8210 1982 City 8209 1982 City 8103 1981 City 7922 1979 City 8102 1981 City 7901 1979 City 8411 1984 City 8208 1982 City 8520 1985 City 8410 1984 City 8506 1985 City 8701 1987 City 7401 1974 City 7713 1977 City 8316 1983 City 8313 1983 City 8315 1983 City Toyota Pickup Chevy Utility Tempo 4 —door sedan Tempo 4 —door sedan Dodge Pickup Ford Courier Pickup Ford Courier Pickup Dodge Pickup Dodge Chip Box Chevy Pickup Dodge D5.0 Pickup Dodge D350 Pickup Ford F250 Pickup Ford LTD Dodge D250 Ford Station Wagon Oldsmobile 88 Sedan Chevy Pickup Chevy Trash Compactor Toyota Pickup Toyota Pickup Toyota Pickup Broom Attachment for F/E Loader* 3524 1847 3737 7436 2731 9188 9158 248 2482 1724 2081 3582 5515 4063 8133 8225 2758 1969 9053 3878 3658 7000 EXHIBIT A * This equipment was used in the chip —seal process. It is no longer needed and will not be replaced because the chip —seal process is done on a contract basis. $1,500 $1,000 $2,000 $2,000 $1,000 $600 $750 $1,000 $ 1,200 $1,200 $950 $1,500 $1,500 $2,500 $1,500 $2,500 $2,800 $1,100 $1,600 $1,500 $1,500 $1,500 $2,000 RESOLUTION NO. 8160 (1993 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING FORTH A RETROFIT CREDIT ON WATER IMPACT FEES WHEREAS, the City of San Luis Obispo Municipal Code establishes a retrofitting requirement and water impact fees on development; and, WHEREAS, the City of San Luis Obispo has determined that requiring both retrofitting and payment of the portion of water impact fees applicable to raw water supplies should be discontinued; and WHEREAS, a study was made to determine the appropriate amount of credit to be granted based on the amount of the water impact fee attributed to paying for raw water resources. NOW, THEREFORE, the City Council of the City of San Luis Obispo finds and resolves that a credit in the amount of 87% of the water impact fee shall be provided to applicants who are required to retrofit as a condition of development pursuant to the requirements of Municipal Code Chapter 17.89.030 B. Upon motion of Council Member Rappa ,seconded by Council Member-Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, and Settle NOES: Council Member Roalman and Mayor Pinard ABSENT: None the foregoing resolution was adopted this 27th day of April , 1993. Mayor Peg &ard ATTEST: (t Clerk Diane Gl well APPROVED: 1101im Ii , R -8160 • (�� � �7� r► ,� �� ��� ��� t, RESOLUTION NO. 8159 (1993 Series) RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL TERMINATING THE CITIZEN'S ADVISORY COMMITTEE AS A SPECIAL PURPOSE COMMITTEE WHEREAS, the Citizen's Advisory Committee was established by Res. 4891 on 7/6/82, as a continuing special purpose committee to assist the City Administrative Officer on special assignments. WHEREAS, the Citizen's Advisory Committee is no longer functioning and has not been active since February, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE SAN LUIS OBISPO CITY COUNCIL that: Resolution 4891 is hereby repealed. On motion of Council Member Roalman seconed by Council Member _settle , and on the following roll call vote: AYES: Council Members Roalman, Settle, Rappa, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 27th day of April, 1993. i Peg Pi rd, Mayor ATTEST: jr; `� /, t III i : - a R -8159 �. �EJ' - ���� � 6 �� �,f� a3 c�� ���'� �� .., •� � •� � RESOLUTION NO. 8158 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE TENTATIVE MAP FOR TRACT 2135 (CITY FILE 39 -93)9 CREATING 88 COMMON - INTEREST RESIDENTIAL LOTS AND COMMONLY -OWNED PARCELS, ON TANK FARM ROAD, ON THE EAST SIDE OF THE RAILROAD TRACKS (TRACT 2135) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivision request Tract 2135, the Planning Commission's recommendation, and staff recommendations and reports thereon, makes the following findings: 1. The design of the tentative map and the proposed improvements are consistent with the general plan and specific plan for the Edna -Islay area. 2. The site is physically suited for the type and density of development allowed in an R -2 -SP zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements for access through (or use of . the property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision is substantially in compliance with the Edna -Islay Specific Plan. 6. The ' City Council certified an environmental impact report for the Edna -Islay Specific Plan in 1982 and adopted an addendum to that report in 1990, and finds that no further study is necessary for this project. SECTION 2. The tentative map for Tract 2135 (City File no. Tract 39 -93) is approved subject to all relevent conditions of Tract 1750, which are attached to this resolution and incorporated by reference. R -8158 1 Resolution no. 8158 (1993 Series) Tract 2135 (City file no. 39 -93) Page 2 On motion of Council Members Romero • , seconded by Council Member Rappa , and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 20th day of April . 1993. ATTEST: Padwell City A ministmative Officer rum M114i 0 Mayor leg Pinard All RESOLUTION_NO. 8157 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING LOT LINE ADJUSTMENT APPLICATION NO. 142 -92, AND REQUESTED EXCEPTIONS TO FLAG WIDTH AND SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 2039 FIXLINI STREET BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. Action. That this council,.after consideration of Lot Line Adjustment Application No. 142 -92, and the Community Development Director's recommendations, staff recommendations and reports thereon, denies the application, based on the following findings: 1. The proposed lot line adjustment would not comply with Section 16.36.230 of the Subdivision Regulations, requiring a ten -foot setback from the access flag of a flag lot. 2. Because the property can feasibly be developed by means of access to a dedicated City street, application of flag lot standards is not justified or appropriate. On motion of Council Member Settle F seconded by Mayor Pinard and on the following roll call vote: AYES: Council Member Settle, Mayor Pinard, and Council Member Romero NOES: Council Members Rappa; and Roalman ABSENT: None the foregoing resolution was passed and adopted this 20th day of April , 1993. R -8157 Resolution No. 8157 (1993 Series) Page 2 ATTEST: Mayor Pe Pinaid A Ci Clerk, biane 69ladwell e�� ri�ti� °> o � �� .�� `�� ��� r��LCC���C` V' \h� � \�� o�h RESOLUTION NO. 8156 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION, THEREBY DENYING A ONE- BEDROOM APARTMENT ADDITION TO A SITE LOCATED AT 1203 PISMO STREET (ARC 10 -93) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the staff report, public testimony, the appellants' statements and the Architectural Review Commission's action, approves the appeal based on the following findings: 1. The height and mass of the proposed building ,will . significantly change the street character of the block and adversely affect neighbors' views and privacy. 2. The storage and multi - purpose room, as designed, may be converted to a bedroom in the future, and development of the site would thereby exceed allowable density. denied. SECTION 2. Action. Application No. ARC 10 -93 is hereby On motion of Council Member Roalman , seconded by Council Member Settle , and on the following roll call vote: AYES: Council Members Roalman, Settle., and Mayor Pinard NOES: Council Members Rappa, and Romero ABSENT: None the foregoing resolution was passed and adopted this 20th day of April 1993. R -8156 Resolution No. 8156 (1993 Series) 1203 Pismo Street Page 2 ATTEST: it Clerk Diane Gladwell APPROVED: .e M gT r� �e � f i� N RESOLUTION NO. 8155 (1993 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE LAND USE ELEMENT MAP TO ENLARGE THE URBAN RESERVE LINE FOR THE ROSEMONT PROJECT (GP 89 -92) The City Council resolves as follows: SECTION 1. Findings 1. The Planning Commission and the City Council have held public hearings on the proposed amendment in accordance with the California Government Code. 2. The Council has considered public testimony, the initial environmental study, and the report and recommendation of staff and of the Planning Commission. 3. Enlarging the urban reserve line at this location is consistent with general plan policies, considering the specific circumstances of the proposed project. SECTION 2. Environmental determination. The Council determines that the proposed project, as revised and with required mitigation measures fully described in the initial environmental study (ER 89 -92), will have no significant, adverse impacts. Council approves a negative declaration. SECTION 3. Amendment. The general plan Land Use Element map is amended as shown in the attached Exhibit A. The Community Development Director shall cause this change to be reflected in documents published by the City. Council Member Council Member On motion of Romero seconded by Roalman and on the following roll call vote: AYES: Council Members Romero, Roalman, and Rappa NOES: Council Member Settle and Mayor Pinard ABSENT: None the foregoing resolution was passed and adopted this 20th day of Anril 1993. R -8155 Resolution No. 8155 (1993 Series) Page 2 ATTEST: 1 Clerk Diane Glad ii APPROVED: City Ad 'nistrative Officer Community GMARSMNT.RES Director Mayor feg Pinard EXHIBIT A GP 89 -92 AMEND LAND USE ELEMENT MAP URBAN RESERVE LINE LOCATION ENLARGE URBAN RESERVE LINE ABOUT 3 ACRES TO INCLUDE REVISED BUILDING ENVELOPES r �U I �` V RESOLUTION NO. 81 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR ANIMAL REGULATION SERVICES FOR FY 1993 -94 Be it resolved by the Council of the City of San Luis Obispo as follows: Section 1. That the agreement with the County of San Luis Obispo for Animal Regulation services for fiscal years 1993 -94, (Exhibit A) has been reviewed and is approved. Section 2 That the City of San Luis Obispo elects for Service Level 'B" for the 1993 -94 fiscal year. Section 2 That the Mayor is hereby authorized to enact the agreement. On motion of Council Member Roalman ,seconded by Council Member Ranna , and on the following roll call vote: AYES: Council Members Roalman, Rappa, Romero, and Settle NOES: Mayor Pinard ABSENT: None the foregoing resolution was passed and adopted this 20th day of April. 1993. ATTEST: APPROVED: ATTORNEY WILLIAM STATLER, FINANCE M GARDINER, CHIEF OF POLICE R -8154 i I AGREEMENT FOR ANIMAL CONTROL SERVICES A- 38 -93 -CC This Agreement is made and entered into this 1 st day of July, 1993, by and between the County of San Luis Obispo, hereinafter referred to as 'County', and the City of San Luis Obispo hereinafter referred to as aCih/ WITNESSETH: THAT WHEREAS, The City is desirous of contracting with the County for performance of the hereinafter described animal control services within its boundaries by the County of San Luis Obispo through the Department of Animal Regulation; and WHEREAS, the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code Title 9 which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray, diseased and vicious animals; and WHEREAS, the County of San Luis Obispo has established the Department of Animal Regulation to enforce the ordinances of the County Code Title 9 within the unincorporated areas of the County; and WHEREAS, the City is desirous of contracting for said Animal Control Service. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: DEFINITIONS - Used throughout as follows: Household Pets or Small Anim�� means but is not limited to cats, dogs, canaries, fish, hamsters, rabbits, turtles, and reptiles and other kindred animals usually and ordinarily kept as househoid pets. Livestock or Large Animals means horses, ponies, mules, cattle, goats, swine and all other domestic or domesticated animals other than household pets. Small Wildlife means racoons, possums, foxes and other similar sized wildlife. 1. Service Package Options BASIC SERVICES - are defined as follows: 1) The receipt of household pets at the shelter or at drop off kennels. 2) Sheltering of all household pets received at the shelter in accordance with state regulations, local ordinances, and policies governing humane treatment of such animals. 3) Services for returning impounded animals to their owners, adoption of or humane destruction of animals received or brought to the shelter. 4) Investigation of all animal bite involving humans and the quarantine of biting animals pursuant to state regulations and local ordinances. 5) Investigations of exposures to rabid animals or suspect rabid animals at large and the quarantine or destruction of animals which were in contact with rabid animals. areg:user\slr\v4p51 \contractwptl Page 1 of 5 Revision Date: 11 March 93 A- 38 -93 -CC 0 0 EMERGENCY SERVICES - defined as follows: Emergency and after hour services for any of the following: 1) Injured /Sick dogs or cats. 2) Arrest hold animals. 3) Calls that have been approved by the Watch Commander and referred to Animal Regulation. FIELD SERVICES - Defined as follows: Response of an Animal Regulation Officer during regular business hours to pick up any of the following within city limits on an .unlimited basis: 1) Confined Stray Animal Pick Up 2) Dead Stray Animal Pick Up 3) Owned Animal Pick Up (fee paid by citizen) 4) Owned Dead Animal Pick Up (fee paid by citizen) 5) Euthanasia of Owned Animals (fee paid by citizen) 6) Transportation to Veterinarians of Owned Animal (fee paid by citizen) ADDITIONAL FULL SERVICES - Defined as follows: CITREN COMPLAINTS: The fielding of and response to complaints from citizens including, but not limited to: _ barking dogs, leash law violations and animal cruelty. NUISANCE ABATEMENT: All activities involved in the processing of nuisance abatement orders, including preparation for court proceedings when necessary. FIELD ENFORCEMENT: The addition of further field enforcement other than field pick up as described in 'FIELD SERVICES" above, but not limited to: random patrol, patrol requests, ordinance violation citation and agency assists. 2 Services To Be Provided by County A. Maintain an Animal Regulation Department - to provide management and supervision of the program, to keep records And statistics, aril enforce licensing as established in policy and approved by the Animal Control Advisory Committee as defined hereafter. B. Animal Shelter -maintain, or cause to maintain an Animal Shelter to provide for the care, housing and disposal of animals impounded within the city or County or delivered by city or County residents. C. Specific Agreements - to provide pursuant to specific package contracts with each city: D. Operation Permit Services - to provide Permit Services to all citizens of the County regardless of jurisdiction. areg:user\str\wp51 \contract.wpd Page 2 of 5 Revision Date: 11 March 93 Cl. O 3. Animal Regulation and Control Advisory Committee - There shall be an Animal Regulation and Control Advisory Committee whose responsibility it will be to review and recommend on all matters of Departmental Policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments. This Advisory Committee shall be made up of: one representative from each City.contracting with the County, one representative from the County's Veterinarians' Association, one representative from an animal welfare society, one representative from the County Health Department, one representative of the Highway Patrol, one representative from the Department of Animal Regulation, one representative of the County Administrative Office, and one representative from the County Sheriff's Department. The Committee shall receive staff support from the Department of Animal Regulation. 4. Cooperation - To facilitate the Performance of the foregoing functions, it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. S. Employee Compensation and Uability - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in the Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. 6. Indemnification - Nothing in the provisions of the Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of ether party to contract by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law. It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement except as otherwise provided by Statute. It is understood and agreed. that. neither County nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement. It is also understood and agreed.thatpursuant to Goverment. Code Section 895.4, City shall defend, indemnify and save harmless the County; all officer and employees from all claims, suits or actions of every name, kind and description brought for on account of Injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute. 7. Employee Status - All persons employed in the performance of the services and functions specified in paragraph 2 of this Agreement shall be County employees; no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and the employee engaged in their performance of any service hereunder shall, where necessary, be deemed an officer or employee of City while performing the services for City. 8. Prosecution - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. 9. Term and Renewal - This Agreement shall be effective on the 1st day of July, 1993, and shall terminate on the 30th day of June, 1995. All fees, charges, and payments required by paragraph 12 (A -C) and paragraph 15 shall be adjusted each July 1 st of the three year duration of the contract. This adjustment shall be for any increase in County's cost of providing services. The Department appropriation Budget shall be used to determine percentage of increase. This percentage shall not exceed five (5) percent for any one year of the areg:user\s1Awp51 \contract.wptl Page 3 of 5 Revision Date: 11 March 93 contract period. This contract is subject to cancellation by either party by notification in writing of the desire to terminate contract. Notification shall be required 30 days in advance of the termination date. A. City Notification - no later than April 1 of each year, each city shall be notified of its pro -rata share of Basic Services and Humane Education, the hourly rate for City Requested Services, and the amount needed for Spay /Neuter Services. The city shall notify the County no later than July 1 of their agreement to pay for basic services and other services in each subsection. B. Actual Costs - Participants shall pay a set fee in accordance with paragraph 10 hereof. Attachment A reflects the annual cost. 10. County Billing - County shall bill city quarterly for their contracted services. Billing shall be submitted at the end of each quarter. City shall remit payment within ten days of receipt of billing. 11. Modification - This contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. 12. Ordinance Conformity - City agrees to adopt animal control ordinances which conform to and are not in conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted with the County Department of Animal Regulation's consultation before adoption. County Department of Animal Regulation may also make recommendations to City for changes or modifications to their City ordinance. 13. Books and Records - County agrees to keep such books and records and in such form and manner as County Auditor - Controller shall specify. Said books shall be open for examination by City at all reasonable times. 14. Notices - Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the County at: Department of Animal Regulation P.O. Box 3760 San Luis Obispo, CA 83403 -3760 and to the City at: City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 areg:user\sir\wpst \contract.wptl Page :4 of 5 Revision Date: 11 March 93 C n IN WITNESS THEREOF, City of San Luis Obispcby resolution duly adopted by its City Council causes this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed hereto attested by clerk of said: CITY OF SAN LUIS OBISPO By: Mayor Peg Pinard ATTEST: By:= _ City Jerk Di e Gladwell APPROVED FORM: �.�,diW, A a io COUNTY F SAN LUIS OBISF i i By: Chairman, B and of Supervisc ATTEST: B• CL W) Board o upervisors4 f By: County Counsel Date: areg:user\s1r \wp51\contract.wptl Page .5 of 5 - Revision Date: 11 March 93 SAN LUIS OBISPO COUNTY DEPARTMENT OF ANIMAL REGULATION AGREEMENT FOR ANIMAL CONTROL SERVICES ATTACHMENT "A" (Actual Cost) Package "AN Package "B" Package "C" San Luis Obispo 22,000 24,000 38,000 Package "D" 45,000 areg:u er\s1r\wp51 \contract.wpd Page t of 1 Revision Date: 11 March 93 c 0 IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA -- Tues -- day ------- -ju-by- .7�_3---- - - --19 3.-_ PRESENT: Supervisors Evelyn Delany, Ruth Brackett, David Blakely and Chairperson Harry L. Ovitt ABSENT: Supervisor Laurence L. Laurent In the matter of Consent Agenda Consent Agenda Item B -1 is pulled for separate action. Item B -7 is amended to correct page 7 and page 10 of the Agreement with the Morro Group. Item B -9 is withdrawn. Item B -14 is amended by replacing the resolution distributed in the Board's packet. Item B -15 is amended to correct the.term of both contracts to be June 30, 1995 instead of 1994. Item B -60 is amended to approve the use of alternative publication procedures for the "Summer 19.93- General Plan Amendment Cycle", instead of "Spring!,. (Note: Items B -59 and B -61 required approval by a 4 /5ths vote). On Motion of Supervisor Delany, seconded by Supervisor Blakely and on the following roll call vote, to wit: AYES: Supervisors Delany, Blakely, Brackett, Chairperson Ovitt NOES: None ABSENT: Supervisor Laurent Consent Agenda Items B -1 through B -61 are approved as recommended by the County Administrative Officer and as amended by this Board. Item B -5 is RESOLUTION NO. 93 -284. RESOLUTION NO. 93 -286. RESOLUTION NO. 93 -288. RESOLUTION NO. 93 -290. RESOLUTION NO. 93 -292. RESOLUTION NO. 93 -294. Item B -6 is RESOLUTION. NO. 93 -285. Item B -14 is Item B =20 is RESOLUTION NO. 93 -287. Item B -21 is Item B -22 is RESOLUTION NO. 93- 289. Item No. B -31 is Item B -32 is RESOLUTION NO. 93 -29.1. Item No. B -33 is Item B -50 is RESOLUTION .NO. 93 -293. Item B -51 is Item B -53 is RESOLUTION NO. 93 -295. Item B =56 is RESOLUTION NO. 9.3 -296. Item B -57 is RESOLUTION NO. 937297. Item B -58 is RESOLUTION 140. 93 -298. Said Consent, Agenda Items B -1 through. B -61, as amended, are on file in the office of the County Clerk- Recorder and are" available for public inspection. cc: Administration 7/14/93 pvo JUL 2 9 1993 CITY CLERK SAN.LUIS OBISPO. CA Co -34 3 B -1 t/hr/u B -61 STATE OF CALIFORNIA j COUNTY OF SAN LUIS OBISPO) ss I, FRANCIS M. COONEY, County Clerk of the above entitled County, and Ex- Officio Clerk of the Board of Supervisors thereof, do hereby certify the fore - going to be a lull, true and correct copy of an order entered in the mirrutes of said Board of Super - visors, aid now remaining of raccrd in my office. Witnsss, my hand and ;eal of said Board of Supervisors this_/-�'Z/ day of 97� / 19 FRANCIS M. COONEY County Clerk and Ex- Officio Clerk of the Board of Supervisors By (�. rg�.� th dd(�' Or ( BOARD OF SUPER%-.SORS' AGENDA FOR JULY 139 3 PAGE 7 B-38 Request to approve an amendment. to the contract with Olsten Home Healthcare, Inc. to extend home care services for AIDS_ Case Management patients through June 30, 1994. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -39 Request to approve an agreement with Takecare Health Plan, Inc. regarding reimbursement to the Home Health Agency for services to plan members. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B-40 Request to approve school nursing service agreements with the Cayucos Elementary and Cambria. Union Elementary/Coast Joint Union High School Districts for fiscal year 1993 -94. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -41 Request to approve an agreement with. the State of California, Department of Health Services to provide funding for AIDS Programs in fiscal year 1993- 94. (RECOMMEND APPROVAL AND INSTRUCT HEALTH AGENCY DIRECTOR TO SIGN.) B -42 Request to approve an agreement with K. Rosa to provide services as Drug- Free Work plaCe Coordinator. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -43 Request to approval a contract (Clerk's File) with S. Friedlander, M.A. to provide 24 -hour crisis intervention services for fiscal year 1993 -94. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -44 Request to approve a contract with M. Nagatani, M.D. to provide on -call pediatric services at General Hospital (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -45 Request to approve an extension of an existing agreement with Weissburg & Aronson, Inc. to provide specialized legal services for General Hospital. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -46 Request to approve a contract (Clerk's File) with the San Luis Obispo Mental Health Association to provide socialization/vocational services for Mental Health clients. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B_ -47 . Request to approve an agreement (Clerk's File) with the Area Agency on Aging to provide in -home support services for fiscal year 1993 -94. (RECOMMEND APPROVAL AND INSTRUCT HEALTH AGENCY DIRECTOR TO SIGN.) �8 Request to approve agreements with several cities for the provision of animal control services. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) RESOLUTION NO. 8153(1993 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING USE OF A PRIVATE WELL TO MAKE THE SPRING TOYOTA DEALERSHIP EXEMPT FROM WATER ALLOCATION /OFFSET REQUIREMENTS The Council of the City of San Luis Obispo resolves as follows: SECTION 1. Findings. A. A public hearing has been held to consider a request to approve a private well for water supply at a proposed vehicle dealership at 12350 Los Osos Valley Road, thereby making the project exempt from the requirement to obtain a water allocation or to provide a water savings offset, pursuant to the Water Allocation Regulations [S.L:O. Municipal Code Section 17.89.030, in particular part B(4)]. B. Council has considered the report and recommendation of staff. C. The request is consistent with the general plan Water & Wastewater Management Element, in particular Policies 3.4, 3.5, and 3.6 D. A well has been developed at the subject site, and the applicant has obtained required City permits for that well Usage of the well will be subject to approval of the County Health Department and the requirements of the State of California. E. The project will not use a significant amount of ground water. F. The request is a minor change to land use regulations, as provided in Section 15303 of the State and City environmental guidelines. G. The Council by motion had established, and has now rescinded, a policy of not considering individual exemption requests, pending the end of the drought and completion of a groundwater study. SECTION 2. Action. The request is approved subject to the following conditions: 1. Prior to issuance of a building permit without completion of water offset retrofitting, the Community Development Director must have determined that the quantity and quality of well water will be adequate for intended uses. R -8153 Resolution No. 8153 (1993 Series) Page 2 2. If the project is constructed without a connection to City water supply (except for a fire - protection line) and the project later is proposed to be connected, the connection shall not occur until all requirements in effect at that time have been met, including payment of all fees and completion of any required water usage offset. 3. The project may be connected to the City water supply, without completing a water usage offset, for fire suppression purposes only (fire sprinklers and on -site hydrant, if any). 4. The development site shall be provided a water lateral, stubbed to an appropriate location for a meter, to facilitate any future City- approved connection to the City water system which may be needed, to the approval of the Utilities Director. Council Council On motion of Member Romero seconded by Member Roalman. and on the following roll call vote: AYES: Council Members Romero, Roalman, Rappa, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 13th day of April 1993. Mayor Peg Pinard ATTEST: Pi lerk Dia e Gla ell Resolution No. 8153 (1993 Series) Page 3 n» Yi1T 3 City ministrative Ofcer GMASPRWL.RES or �Ak