Chapter 5.55
UTILITIES, OBSTRUCTIONS AND CONCRETE REMOVAL

Sections:

5.55.010    Preservation of property.

5.55.020    Utilities.

5.55.030    Utility locations and potholing.

5.55.040    Utility relocations and suspension of service.

5.55.050    Alignment changes.

5.55.060    Removal of obstructions.

5.55.070    Changed conditions.

5.55.080    Disturbance to trees.

5.55.090    Removal of concrete or masonry construction.

5.55.100    Crossing under railroad, highway or utilities.

5.55.110    Coordination of work with others.

5.55.120    Traffic control.

5.55.130    Storm water pollution prevention plan (SWPPP).

5.55.010 Preservation of property.

Attention is directed to SD5MCC 5.50.080, Preservation of property, and 5.50.090, Responsibility for damage or injury. Due care shall be exercised to avoid damage to existing improvements, utility facilities, and adjacent property. When any railroad, street, highway, private or public utility is crossed, all precautionary construction measures required by the owner of said crossing shall be followed by the contractor. [Ord. 2014-2 (Att. § 11-01).]

5.55.020 Utilities.

A particular effort shall be made to locate and indicate on the plans underground utilities and/or other facilities which may conflict with, cross or lie close to the work. The service connections to these utilities may be, but are not necessarily, shown on the drawings. Overhead utilities, including wires, poles and guys, are not necessarily shown on the plans and shall be determined from the contractor’s visit to the site.

While the locations shown are believed to be reasonably correct, neither the job engineer nor the District can guarantee the accuracy or adequacy of this information. It shall be the responsibility of the contractor to determine the exact location of all utilities and service connections thereto ahead of any excavations through marking by USA Underground Service Alert and by potholing. The contractor shall make his own investigations, including exploratory excavations, referenced herein as potholing, to determine the locations and type of existing utilities, including service connections, prior to commencing work which could result in damage to such utilities or conflict with the grade or alignment of the new installation. The contractor shall immediately notify the job engineer as required under SD5MCC 5.55.070, Changed conditions.

The contractor shall be responsible for all damage to underground utilities, whether they are shown on the plans or not, or whether they have been potholed or not. The contractor shall determine the location of all underground utilities and services through conferring with the utility companies and through potholing as described hereinbelow. [Ord. 2014-2 (Att. § 11-02).]

5.55.030 Utility locations and potholing.

The contractor shall, before proceeding with the work, call USA Underground Service Alert to have utilities marked on the ground by the various utility owners. The contractor shall then confer with all agencies and utilities which have or may have aboveground and/or underground facilities in the vicinity of the work. The purpose of the conference shall be to notify said agencies and utilities of the proposed construction schedule and to locate and/or verify the locations of all facilities, including house connections in the area of the work.

As soon as the utility survey is completed and prior to fabrication of engineered pipe, the contractor shall commence potholing to determine the actual location of the pipe, duct, or conduit. The contractor shall uncover all underground utilities, including sewers and storm drains. Underground utilities shall be uncovered to a point one foot below the pipe, where crossing, interferences or connections are shown on the drawing, before the Engineer sets pipeline grades, the shop drawings are prepared or there is any trenching or excavating for any pipe or structure, in order to determine actual clearance elevations, i.e., outside the top and bottom of the pipeline or structure. Once uncovered, the contractor shall record the depth of the utility at the pothole and clearly mark the depth on the pavement. Any variation in the actual elevations and the indicated elevations shall be brought to the job engineer’s and District’s attention. If the contractor does not expose all required utilities prior to shop drawing preparation and trenching, he shall not be entitled to additional compensation for work necessary to avoid interferences, nor for repair to damaged utilities. Excavations around underground electrical ducts and conduits shall be performed using extreme caution to prevent injury or damage to workmen and the electrical ducts or conduits. Similar precautions shall be exercised around gas line, telephone, and television cables.

All potholes dug by the contractor or his subcontractors for any reason shall be backfilled and compacted, and a minimum of two inches of cutback shall be put down and compacted as temporary cover during construction. [Ord. 2014-2 (Att. § 11-03).]

5.55.040 Utility relocations and suspension of service.

Any utility relocations necessary for the work shall be coordinated with and/or performed by the owner of the respective utility. The contractor shall also arrange for all necessary suspension of service and make arrangements to physically locate and avoid interference with all existing facilities. The contractor may make arrangements for alterations for his sole convenience (not actually required to complete the sewer installation); such alterations shall be completely at the expense of the contractor.

Where existing utilities and/or facilities, aboveground and/or underground, are encountered during construction, they shall not be displaced or molested unless necessary. If necessary to disturb or relocate a facility in the prosecution of the work, including accidental damage, the contractor shall notify the owner or proper authority and shall abide with the requirements of and cooperate with such owner or authority (who may enter upon the work at any time) while protecting, repairing, replacing or relocating such facilities. All abandoned pipe lines that are severed during the work shall be immediately plugged by the contractor, with approved material (see Chapter 5.75 SD5MCC), unless otherwise approved by the District.

All utility and other facility arrangements, agreements, permits, fees, locating, protection, repair, replacement, suspension of service, temporary relocations and other work in connection with utilities and other facilities shall be the sole responsibility of and at the expense of the contractor. Necessary permanent relocation of utilities and other facilities to accommodate the sewer construction shall be the owner’s responsibility. [Ord. 2014-2 (Att. § 11-04).]

5.55.050 Alignment changes.

In the event the contractor requests a change in alignment to gain the advantage of reduced interference with utilities or other physical hazards and said change is agreed to by the District, the contractor thereafter shall assume all responsibility for any physical hazards encountered along the realigned route at no cost to the District. The costs of engineering, including surveys and administrative work, incurred by the District in connection with said requested change shall be paid by the contractor. [Ord. 2014-2 (Att. § 11-05).]

5.55.060 Removal of obstructions.

The contractor shall remove, or cause to be removed, at his expense, all trees, bushes, landscaping, fences and structures of all kinds, whether above or below ground, as and when required by the plans, or where the proper construction and completion of the work require their removal. The contractor shall also remove, at his expense, all rock, stones, debris, and all obstructions of whatsoever kind or character, whether natural or artificial, encountered in the construction of the work. However, no trees, plants, shrubbery or ornamental vegetation shall be removed without the consent of the District first being obtained, and suitable mutually agreeable arrangements made by the contractor and the District for the replacement of such improvements. In addition, a permit from the City, Town or County shall be obtained for any necessary tree trimming or removal within public street rights-of-way.

Unless otherwise provided on the plans, in the special provisions or permitted by the District, all fences, trees, plants, lawns, ornamental shrubbery or vegetation, structures, walkways, driveways, and any other yard or street improvements which have been damaged by the contractor’s operations shall be completely replaced, repaired or restored by the contractor, at his expense, to the satisfaction of the Engineer. Replacing, repairing, restoring shall be accomplished with materials of the same kind and quality as those of the original improvement.

Attention is directed to SD5MCC 5.40.210, Easement construction, for additional requirements for removal and replacement of obstructions within easements.

Any and all materials that are removed and are not to be incorporated in the improvement being constructed shall be disposed of, off the job site, by the contractor at his expense. Trenches or pits caused by the removal of existing improvements or obstructions shall be backfilled with suitable material designated by the District.

Existing improvements shown on the plans or required by the specifications or designated by the District to be salvaged shall be carefully removed and stockpiled as directed by the Engineer.

Compensation for conforming to the requirements of this section shall be at no cost to the District. [Ord. 2014-2 (Att. § 11-06).]

5.55.070 Changed conditions.

In accordance with Cal. Pub. Cont. Code § 7104, the contractor shall promptly, and before the following conditions are disturbed, notify the Engineer, in writing, of any:

(1) Material that the contractor believes may be material that is hazardous waste, as defined in Cal. Health & Safety Code § 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

(2) Subsurface or latent physical conditions at the site differing from those indicated.

(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

The Engineer shall promptly investigate the conditions, and if he finds that the conditions materially differ, or involve hazardous waste, and cause a decrease or increase in the contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

In the event that a dispute arises between the District and the contractor, whether the conditions materially differ or involve hazardous waste and cause a decrease or increase in the contractor’s cost of, or time required for, performance of any part of the work, the contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The contractor shall retain any and all rights provided for, either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

Conditions shall not be deemed to materially differ if (1) the contractor has failed to comply in any respect with the provisions herein, or (2) the contractor has failed to make such independent investigations, tests or examinations as a prudent contractor would deem necessary to satisfy itself as to conditions to be encountered in the performance of the work. [Ord. 2014-2 (Att. § 11-07).]

5.55.080 Disturbance to trees.

When working in the vicinity of any trees, the contractor shall comply with the requirements of City, Town, or County ordinances and the requirements set forth below.

Disturbance of trees, shrubs and planting and their root structures shall be held to a minimum. Trees with root structure disturbed during construction shall be protected, pruned, treated, and watered as specified below. Where shrubs and plantings must be disturbed, they shall either be removed and replanted or shall be replaced in kind and size. All work on trees and shrubs shall be performed by a licensed arborist. The arborist and all work performed on trees and shrubs is subject to the approval of the District. All costs of the arborist and all work on trees and shrubs which are damaged shall be borne by the contractor.

No trees are to be removed unless specifically called for on the plans or specified in the special provisions. All trees within the work area shall be protected with a temporary barricade.

(1) Tree limbs overhanging the line of the work and in danger of being damaged by the contractor’s operations shall be trimmed by the contractor. The contractor shall also remove other tree limbs under the direction of the Engineer, so that the tree will present a balanced appearance.

(2) All pruning and treating of trees shall be done by a professional arborist or established tree service whose operators are skilled in the care of trees, at the expense of the contractor. The arborist or tree service selected shall be subject to approval by the District.

(3) Where a tree to be left standing is so close to the work area that it could not be adequately protected during a conventional trenching operation, the contractor shall employ an alternative method of excavation for the pipeline, such as tunneling or boring.

(4) No tree roots shall be unnecessarily cut in excavating or trenching operations. Major roots, defined as roots two inches or larger, which are encountered in the course of excavation shall be exposed but not severed, and they shall be wrapped in plastic as a protective measure while exposed. Any other roots that are cut shall be pruned cleanly so that jagged or torn ends do not exist. Where a root has been shattered or jaggedly cut, the contractor shall dig back to a sound point, but as close as possible to the point of tearing, shattering or splitting, and prune the root cleanly.

(5) If any trees or shrubs are damaged or destroyed, the contractor shall compensate the District or property owner for their full appraisal value using the method described in the “Guide for Establishing Values of Trees and Other Plants,” current edition, published by the ISA or obtain a letter from the property owner that the claim has been settled.

(6) The removal of any trees, shrubs, fences or other improvements outside of sewer easements or rights-of-way as deemed necessary by the contractor shall be arranged with the property owner involved, and such improvements shall be removed and replaced, if required, by the contractor at his expense. [Ord. 2014-2 (Att. § 11-08).]

5.55.090 Removal of concrete or masonry construction.

At locations described in the special provisions, or shown on the plans or where directed by the District, portions of existing concrete pavement, curbs, gutter, sidewalks, foundations, and other concrete or mortared structures or objects not shown or noted in the plans or mentioned in the special provisions, but encountered in the line of construction, shall be removed where necessary and disposed of by the contractor at his expense.

All concrete curbs, gutters, aprons, patios, driveways and sidewalks that are broken, cracked or damaged by the installation of the improvements shall be reconstructed by and at the expense of the contractor (see SD5MCC 5.100.130). The repairs shall be made by removing and replacing the entire portions between joints or by removing the damaged portions by concrete saw and not by merely refinishing the damaged part.

Concrete removal operations in connection with the alteration of an existing structure shall be performed without damage to any portion of the structure that is to remain in place. If damage occurs, the contractor shall repair any such damage at his own expense, to the satisfaction of the District. Where existing reinforcement is to be incorporated in new work, such reinforcement shall be protected from damage and shall be thoroughly cleaned of all adhering material before being embedded in new concrete.

Unless otherwise provided in the special provisions or directed by the District, material removed as above specified shall be broken into pieces not larger than two feet in greatest dimension and disposed of in a manner acceptable to the District.

Compensation for conforming to the requirements of this section shall be at no cost to the District. [Ord. 2014-2 (Att. § 11-09).]

5.55.100 Crossing under railroad, highway or utilities.

When any railroad, highway, private or public utility is crossed, all precautionary construction measures required by the owner of the railroad, highway, or utility shall be followed by the contractor. All necessary permits, licenses, bonds, and fees required for the crossings shall be obtained at no cost to the District. The contractor shall give all notices necessary and incident to the work. [Ord. 2014-2 (Att. § 11-10).]

5.55.110 Coordination of work with others.

The contractor shall coordinate his/her work with others to assure completion of the project in accordance with the plans and specifications. [Ord. 2014-2 (Att. § 11-11).]

5.55.120 Traffic control.

The contractor shall provide a traffic control plan which must be reviewed and approved by the agency issuing the encroachment permit. The traffic control plan shall be approved one week before construction is planned. The traffic plan shall incorporate, but is not limited to, the following conditions:

(1) One-way traffic flow at a minimum shall be provided at all times when possible in the judgment of the District.

(2) If in the determination of the Engineer one-way traffic flow cannot be established, the roadway may be closed. The roadway shall be reopened at intervals to provide no longer than 30-minute delays in traffic. The agency issuing the encroachment permit shall be notified 24 hours in advance of all closures.

(3) All work shall be controlled by a minimum of two flaggers when there is only one lane available for traffic.

(4) Access to all out-of-project areas shall be maintained during project construction.

(5) The contractor shall not terminate access through the area without providing adequate alternate routing for local traffic and emergency access. The contractor shall provide additional trench plates to be put in place by the contractor for emergency access when requested.

(6) At the end of the day, any alternative route shall be made safe and clearly delineated. [Ord. 2014-2 (Att. § 11-12).]

5.55.130 Storm water pollution prevention plan (SWPPP).

The contractor shall prepare a storm water pollution prevention plan (SWPPP) in accordance with the County of Marin requirements.

The intent of these provisions is to enforce Federal, State, and other local agencies regulations designed to eliminate storm water pollution. Storm drains discharge directly to watercourses without treatment. Storm water pollution due to construction operations shall be controlled by keeping pollution out of storm drain systems, reducing the exposure and discharge of materials and wastes to storm water, and by reducing erosion and sedimentation.

In this section, the term “storm drain system” shall refer to any storm water conduits, storm drain inlets and other storm drain structures, street gutters, channels, watercourses, creeks, lakes, the bay or ocean.

(1) Material Storage. The contractor shall comply with the following practices for materials storage:

(a) The contractor shall propose designated areas of the project site, for approval by the Engineer, suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and at least 10 feet away from catch basins, gutters, drainage courses, and creeks.

(b) During wet weather or when rain is forecast within 72 hours, the contractor shall store materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system inside a building or cover them with a tarp or any other waterproof material secured in a manner that would prevent any of the materials from contacting the rainwater.

(c) The storage and disposal of all hazardous materials such as paints, thinners, solvents, and fuels, and all hazardous wastes such as waste oil, must meet all Federal, State, and local standards and requirements.

(2) Street Sweeping. At the end of each working day or as directed by the Engineer, the contractor shall clean and sweep roadways and on-site paved areas of all materials attributed to or involved in the work. The contractor shall not use water to flush down streets in place of street sweeping.

(3) Hazardous/Waste Management. The storage and disposal of all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels, and all hazardous wastes, such as waste oil and antifreeze, shall comply with all Federal, State, and local standards and requirements. When rain is forecast within 72 hours or during wet weather, the Engineer may prevent the contractor from applying chemicals in the outside area.

(4) Spill Prevention and Control. The contractor shall take any and all precautions to prevent accidental spills during the work under this contract. The contractor shall keep a stockpile of spill cleanup materials such as rags or absorbents, readily accessible on site. In the event of a spill, the contractor shall immediately contain and prevent leaks and spills from entering the storm drain system, and properly clean up and dispose of the waste and cleanup materials. If the waste is hazardous, the contractor shall comply with all Federal, State, and local hazardous waste requirements.

The contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks.

(5) Dewatering Operations. All ground water removed from the trench must be desilted prior to discharging it into the storm drain system through filtering materials methods meeting the Association of Bay Area Governments (ABAG) Standards for Erosion and Sediment Control Measures and/or through methods and procedures described in the California Storm Water Best Management Practice Handbook – Construction Activity (latest edition).

The contractor shall reuse the water for other needs, such as dust control and irrigation, to the maximum extent practicable. The rinse water shall be permitted to infiltrate in dirt area.

(6) Pavement Saw-Cutting Operations. The contractor shall prevent any saw-cutting debris from entering the storm drain system. The contractor, preferably, shall use dry cutting techniques and sweep up residue. If wet methods are used, the contractor shall vacuum slurry as cutting proceeds or collect all waste water by constructing a sandbag sediment barrier. The bermed area shall be of adequate size to collect all waste water and solids. The contractor shall allow collected water to evaporate if the waste water volume is minimal and if maintaining the ponding area does not interfere with public use of the street area or create a safety hazard. If approved by the Engineer, the contractor may direct or pump saw-cutting waste water to a dirt area and allow to infiltrate. The dirt area shall be adequate to contain all the waste water. After waste water has infiltrated, all remaining saw-cutting residue must be removed and disposed of properly. With the approval of the Engineer, the contractor shall filter the saw-cutting waste water through filtering materials and methods meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging to the storm drain.

(7) Pavement Operations. The contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following practices:

(a) No paving during wet weather.

(b) Proper material storage (refer to subsection (1) of this section).

(c) Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, or fog seal.

(d) Place drip pans or absorbent materials under paving equipment when not in use. During wet weather, store contaminated paving equipment indoors or cover with tarp or other waterproof covering.

(e) If paving involves Portland cement concrete, refer to subsection (8) of this section.

(8) Concrete Operations. The contractor shall prevent the discharge of pollutants from concrete operations by properly disposing of wastes, and by implementing the following practices:

(a) Store all materials in waterproof containers or under cover away from drain inlets or drainage areas.

(b) Avoid mixing excess amount of Portland cement material.

(c) Do not wash out concrete trucks into storm drains, open ditches, streets, streams, etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge into the storm drain system. For on-site washout, locate washout area at least 50 feet from storm drains, open ditches, or other water bodies, preferably in a dirt area. Control runoff from this area by constructing a temporary pit or bermed area large enough for the liquid and solid waste.

(d) Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the volume of water is greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible. Remove or vacuum the remaining silt and debris from the pond or bermed area and dispose of it properly.

(e) Dispose of waste water from washing of exposed aggregate to dirt area. The dirt area shall be adequate to contain all the waste water and once the waste water has infiltrated, any remaining residue must be removed. If a suitable dirt area is not available, then the contractor shall filter the wash water through straw bales or other filtering materials meeting ABAG Standards for Erosion and Sediment Control Measures.

(f) Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in trash container.

(9) Grading and Excavation Operations. The contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system.

The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards for Erosion and Sediment Control Measures and/or the procedures and methods described in the California Storm Water Best Management Practices Handbook – Construction Activity (latest edition).

(10) Vehicle/Equipment Cleaning. The contractor shall not perform vehicle or equipment cleaning on site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. The contractor shall perform vehicle or equipment cleaning, with water only, in a designated, bermed area that will not allow rinse water to run off site or into the storm drain system.

The contractor shall dispose of wash water from the cleaning of water based paint equipment and tools as hazardous waste.

If using oil based paint, to the maximum extent practicable, the contractor shall filter the paint thinner and solvents for reuse, and dispose of any waste thinner, waste solvent, and sludge from cleaning of equipment and tools as hazardous waste.

(11) Vehicle/Equipment Maintenance and Fueling. The contractor shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. The contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. The contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste.

The contractor shall inspect vehicles and equipment arriving on site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made. The contractor shall recycle waste oil and antifreeze to the maximum extent practicable. The contractor shall comply with Federal, State, and other local agencies for aboveground tanks.

(12) Contractor Training and Awareness. The contractor shall train all employees and subcontractors on the water pollution prevention requirements contained in these provisions. The contractor shall inform all subcontractors of the water pollution prevention control requirements and include appropriate subcontract provisions to ensure that these requirements are met. [Ord. 2014-2 (Att. § 11-13).]