6 UTILITIES. 6.1 General. 6.2 Administrative Requirements Initial Allocation of Responsibility Design-Builder

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1 6 UTILITIES 6.1 General The Design-Builder shall conduct all Utility Work in accordance with the Contract Documents. Except as otherwise provided in the Contract Documents, Betterments are not included within the Design-Builder s Work. This section applies to existing and proposed underground and overhead. 6.2 Administrative Requirements Initial Allocation of Responsibility Design-Builder General The Design-Builder shall be responsible for identifying and resolving conflicts between existing and the proposed Work. All installed as a part of this Project shall be installed in locations coordinated with all affected parties Public Public on this Project are owned by the Sanitation Districts of Los Angeles County (LACSD) and the City of Long Beach. City of Long Beach Public are operated and maintained by the following departments within the City of Long Beach: Harbor Department Long Beach Gas and Oil Department Department of Public Works Long Beach Water Department (LBWD) The Public include overhead and underground electrical lines; conduits for Private Utility Owner electric and telecommunication lines on the Main Span Bridge (as defined in Section 13); oil and water injection wells and associated facilities such as pumps, pipelines, and buildings; natural gas lines; sanitary sewer mains; water mains; and Service Lines. The Design-Builder s Work related to Public shall include the following: All Incidental Utility Work Design and construction of all Public, including relocation of LACSD sanitary sewer main, with the exception of those Public noted below, that require Relocation as a result of the Work: - Long Beach Gas and Oil Department will be responsible for design and construction of any Relocations of their natural gas facilities including relocation of natural gas Service Lines that are connected to their mains. The Long Beach Gas and Oil Department will not be responsible for Incidental Utility Work. - Oil and water injection wells and other facilities associated with oil and water injection wells within the Project limits are jointly owned by the Port and State of California. Tidelands Oil Production, a subsidiary of Oxy (Occidental Petroleum Corporation), operates and maintains these facilities. Tidelands will be responsible for the design and construction of any Relocations and abandonment of these facilities, except for Incidental Utility Work. Tidelands will relocate active oil and water injection wells and associated facilities as described in Exhibits 2-6-N (Abandonment of Wells) and identified in Exhibit 2-6-E (Active Well Infrastructure Removal Plan). Tidelands abandonment and relocation efforts will include associated underground electrical and telecommunication facilities. All other requirements of this Section Private The following Utility Owners have Private on this Project. Final for Execution 6-1

2 Beta Offshore BP West Coast Products LLC Chemoil Refining Corporation Crimson Pipeline LP ConocoPhillips Pipeline Company ExxonMobil Pipeline Company Oil Operators, Inc. Paramount Petroleum Corporation Plains All American Pipeline, L.P. Qwest Southern California Edison (SCE) NRG Energy, Inc. Verizon The Design-Builder s Work related to Private shall include the following: Installation of conduits, handholes, manholes, and pull boxes for electric and telecommunication lines on the Main Span Bridge All Incidental Utility Work All other requirements of this Section 6 The Private will be responsible for the design, construction, and relocation costs, unless otherwise indicated in this Section 6, for any Relocations of their facilities required due to the Work, except for installation of conduits, handholes, manholes, and pull boxes for electric and telecommunication lines on the Main Span Bridge and Incidental Utility Work Relocation Communication The Design-Builder shall document activities taken by the Design-Builder prior to the Effective Date to coordinate Relocation activities with both Private and Public Utility Owners. This includes documentation of telephone conversations, s, and meeting minutes. The Design-Builder shall supply this information to the Port no later than one Working Day after the Port s request Other Requirements Construction of the Project will affect both existing and planned. Planned are those planned for Relocation by Utility Owners as a result of the Project. The planned locations of these Relocated are provided in the RID. The Design-Builder shall coordinate and cooperate with the Port and Utility Owners to ensure that all Utility Work (whether performed by the Utility Owners or by the Design-Builder, and whether or not it is a new Utility planned, designed, or constructed after NTP1) is performed promptly and in close coordination with the Design-Builder s Work. The physical limits of the Design-Builder s obligation for the performance of Utility Work shall extend as far as necessary or advisable to accommodate or permit construction of the Work (taking into account the requirements of the Utility Owners, Governmental Persons with jurisdiction, and adjacent property owners). The Design-Builder s obligations with respect to each impacted Utility shall include the following activities, all of which shall constitute a part of the Work: Performance of all Incidental Utility Work. Identification and verification of all existing impacted by the Project, whether or not the existing Utility was indicated in Exhibit 2-6-I (Verified Utility Information), Exhibit 2-6-P (Utility Plan), or Utility Conflict Matrix (UCM), which is described below in Section Determination of whether or not a Utility needs to be Relocated or removed based on conflicts with the Work and criteria listed in Exhibits 2-6-L (Utility Conflict Criteria) and 2-6-N (Abandonment of Wells). Design, construction, and inspection costs or reimbursement of inspection costs for all Utility Work for which such responsibility is assigned to the Design-Builder. Coordination and schedule verification with all Utility Owners as necessary for all Utility Work. Identification, verification, and approval that the location of all existing and the design and construction of proposed Relocations are compatible with the remainder of the Project. Whether the Final for Execution 6-2

3 Utility Owner or the Design-Builder performs the Utility Work, the Design-Builder shall incorporate this information into the Work Plans and provide coordinates, profile information, and potholing results that confirm all existing and conflicts for Relocations, and surveys of pertinent points in the field that show the exact placement of all Utility facilities. The Design-Builder shall incorporate this information into its CADD drawings, and ultimately, on the As-Built Documents. If the Utility Owner performs the design and construction of the Relocation, the design information will meet the standard of quality necessary for the Utility Owner to construct the Relocation. The Utility Work excludes those efforts and costs allocated to the Utility Owners in the Lease Agreements. The Utility Work also excludes the following obligations assigned to the Port in the Lease Agreements: Collecting payments due from the Utility Owners and/or reimbursing Utility Owners for their costs of performing Utility Work Negotiating with Utility Owners to resolve issues relating to the determination of legal responsibility for costs between the Port and Utility Owner The Design-Builder shall perform all efforts included in the Utility Work with respect to each impacted Utility without regard to any of the following: Whether or not the Utility and/or necessity of the Utility Work was identified before the Proposal Due Date The proposed resolution for the Utility in the UCM Whether or not the Design-Builder is entitled to a Change Order with respect to such Utility Work The allocation of responsibility for any Utility Work to a Utility Owner will not relieve the Design-Builder of the obligation to coordinate with the Utility Owner as necessary for the Utility Work to be performed or of the obligation to perform any other Utility Work not specifically assigned to such Utility Owner. The circumstances under which the Design-Builder shall be entitled to a Change Order for Utility Work are set forth in Book 1. In considering the locations and the potential impacts of Utility Work on the Project, the Design-Builder shall avoid Utility Work to the extent practicable; otherwise, the Design-Builder shall minimize the potential costs and delays of Utility Work to the extent practicable and allowable. Any Utility installed in a new location within the Right of Way (R/W) shall be installed in a location proposed by the Design-Builder, based on coordination with all affected parties Port Utility Plan The Port has completed an initial investigation and identified existing from as-built plans, Underground Service Alert of Southern California (DigAlert-811) markings, and potholing. The Utility Plan (Exhibit 2-6-P) includes all that were found from these investigations. Potholing involved digging trenches approximately 8 inches wide by 8 feet below existing grade and identifying and locating any underground encountered. The locations where trenches were dug and found are indicated on the Utility Trench Investigation Plan (Exhibit 2-6-H). Results from the investigation are described in the Verified Utility Information (Exhibit 2-6-I) Utility Conflict Matrix (UCM) The Port has contacted the known Utility Owners to give them preliminary notification that their facilities may be impacted by the Project. A preliminary UCM has been prepared to provide information as to the initial allocation of Utility Work responsibility between the Design-Builder and the Utility Owners. The information provided in the UCM, which is in the RID, is only for the Design-Builder s information regarding the Utility Owners current preferences of such Work allocation and was determined from the best available information; however, the Design-Builder acknowledges that: Not all existing impacted by the Project may be identified in the UCM. Final for Execution 6-3

4 The identified existing may not be indicated at their correct locations or sizes and/or types in the UCM. No existing known to be abandoned are indicated in the UCM except for abandoned oil and water injection wells Request to Relocate Notice The Request to Relocate Notices required by Lease Agreements to compel a Utility Owner to relocate the Utility in conflict have been prepared and issued by the Port for all known affected by this Project. Request to Relocate Notices and responses received from Utility Owners are included in the RID. The Design-Builder shall negotiate schedules with the Utility Owners and Port in response to each affected Utility Owner s proposed schedule for Relocation Procedures and Agreements The Design-Builder shall mark the proposed excavation before contacting DigAlert-811. The Design-Builder shall call DigAlert-811 at least 48 hours (excluding Saturdays, Sundays, and Holidays) before starting excavation operations. The Design-Builder shall coordinate Work with Utility Owners so that Utility Work may progress in a reasonable manner, duplication of Work may be reduced to a minimum, and services rendered by Utility Owners will not be unnecessarily interrupted. When the Design-Builder works near electrical power lines, the Design-Builder shall: Work with the lines energized if the Work can be done safely, or Make arrangements with the power company, at Design-Builder s sole expense, to - Temporarily shut off the power, - Temporarily insulate the line(s), - Bypass the power from the work area, or - Make other arrangements necessary for a safe work place. The Port makes no warranty, guarantee, promise, or representation as to whether the Utility Owner will temporarily shut off power, insulate its line(s), or charge the Design-Builder a fee for preparing a safe work area for the Design-Builder. The Design-Builder shall not start construction operations adjacent to Utility properties until arrangements satisfactory to the Utility Owner have been made by the Design-Builder for the protection of the Utility and continuation of its service. Should the Design-Builder s equipment come in contact with or damage a Utility in any way, even though there may be no apparent evidence of breakage or harm, the Design-Builder shall promptly notify the proper authorities and cooperate with those authorities in determining damage and restoring interrupted services if needed. Where contact is made with a Utility, the Design-Builder shall suspend operations immediately and vacate the area until it has been determined by the Utility Owner that it is safe to resume operations. The Design-Builder shall coordinate with Utility Owners and employ special equipment, construction methods, and hand labor, if necessary, to accomplish the planned Work adjacent to without damaging them. At no time shall the Design-Builder interfere with persons engaged in protecting or moving Utility property or in operating the Utility. If the Design-Builder discovers not identified or not identified with reasonable accuracy as defined in Book 1, the Design-Builder shall immediately notify the Port and Utility Owner. Costs for Utility Work related to newly discovered shall be allocated in accordance with Book 1. If a newly discovered Utility is identified and requires Relocation or adjustment as determined by the Design-Builder, the Port will issue a Request to Relocate Notice and/or a Notice to Utility Owner to the impacted Utility. Final for Execution 6-4

5 Utility Tracking Report The Design-Builder shall maintain a Utility Tracking Report in the form attached as Exhibit 2-6-C that lists all affected or potentially affected by the Work. The Design-Builder may modify Exhibit 2-6-C format if Approved by the Port. The Utility Tracking Report shall include, at a minimum, the following information for each Utility listed thereon: The name of the Utility Owner and a unique identification number for tracking Schedule activity codes as identified in the CPM Schedule A brief description of the Utility by size and type The location of the Utility, based on Project control datum or by station and offset The proposed treatment of the Utility and the date such treatment was Approved by the Port The party responsible for performance of such Utility Work The nature of the Utility Owner s existing right of occupancy of the R/W for such Utility The scheduled start and completion dates of construction of the Utility Work The actual start and completion dates of construction of the Utility Work The status of construction for the Utility Work, including percentage complete Other information as the Port may request The first Utility Tracking Report shall identify all changes from and additions to the information provided by the Port that is used by the Design-Builder in the creation of the Utility Design Sheet (UDS). Each subsequent version of the report shall identify all changes from the previous version. The report shall be sortable so that data can be reported by the following parameters: Utility identification number Utility Owner Scheduled start-of-construction date Scheduled completion date Utility Design Sheets (UDS) When the Design-Builder has achieved a level of design sufficient to determine Utility conflict(s), the Design-Builder shall coordinate with the respective Utility Owner and Port to develop a proposed resolution and pertinent information required for the Utility Design Sheet (UDS), as shown in Exhibit 2-6-D. The Design-Builder shall prepare the UDS, coordinate the Utility Work, and participate in discussions regarding proposed resolutions for Utility conflict(s) with the Port and Utility Owner regardless of who is doing the Utility Work or who is paying for it. The Design-Builder shall prepare all exhibits to the UDS and other required materials except for those provided by the Utility Owner. The Design-Builder shall make any changes in the UDS or exhibits required by the Port. If Approved by the Port, the Design-Builder may prepare one UDS for a group of Relocations. The Port will cooperate with the Design-Builder in the UDS process, which may include attending necessary meetings; however, the Port will not be required to incur any other costs associated with the UDS process. Each UDS shall include Design-Builder-generated design plans (used to identify the conflict) and any applicable design details. Lease Agreements, R/W documents, and/or Utility easement documents for the construction of an affected Utility at a particular location(s) shall also be included with the UDS. If a Utility is not willing to sign the UDS, a copy shall be provided to the Port as evidence of the Design-Builder s coordination efforts with the Utility Owner. Final for Execution 6-5

6 Utility Permits and Construction Easements When the Design-Builder is responsible for performance of the construction of the Utility Work, the Design- Builder shall coordinate with the Utility Owner to obtain all construction-related local entity permits and/or Construction Easements or agreements. The Design-Builder shall comply with such permits and Construction Easements or agreements Coordination and Cooperation All Utility Work will require cooperation between the Design-Builder and Utility Owners. The Design- Builder shall be responsible for all coordination with the affected Utility Owners to accomplish the Utility Work. In the discharge of its coordination responsibilities, the Design-Builder shall: Provide to the Utility Owners, as soon as practicable, an estimated schedule for their respective Utility Work and notify the Utility Owners of any significant changes to the schedule as soon as practicable. Keep Utility Owners fully informed of Project schedules and changes that affect or may affect their Utility facilities. Consider Utility Owners needs for the allocation of resources to perform their Utility Work. Keep Utility Owners involved in decisions that affect their facilities so Utility Owners are able to provide uninterrupted service to their customers, or be subject to the least interruption practicable. Coordinate the Utility Work to attempt to avoid multiple Relocations of the same Utility Utility Coordination Meetings and Correspondence The Port and Design-Builder shall be available to meet at the request of the other party, as necessary, to discuss and resolve matters relating to the Utility Work. The requesting party shall provide the other party with not less than seven Days prior notice of such meetings. The Design-Builder shall produce minutes of meetings with Utility Owners and/or the Port and shall distribute copies of the minutes to the Utility Owner and Port no later than seven Days after each meeting date. The Design-Builder shall provide the Port copies of all correspondence between the Design-Builder and any Utility Owner no later than seven Days after receiving or sending it Scheduling The estimated amount of time required for the Utility Owners to design and/or construct their Utility Work where applicable is indicated on the UCM. The foregoing time frames, and any required time frames for design, construction, and/or performance of other tasks or reviews stated in a Lease Agreement, shall be considered estimates only and may not be relied upon by the Design-Builder for any purpose. Relocation of several by Utility Owners will be underway in 2012 in an effort to Relocate outside of the Work areas prior to commencement of construction by the Design-Builder. Relocation of by Utility Owners will be completed by the end of the month indicated under the estimated construction completion column of Exhibit 2-6-O (Utility Relocation Schedule) Notifications Notices to Utility Owners The Port will issue a Notice to a Utility Owner upon determination by the Design-Builder and Port that a Utility will be impacted by the Work. After the notice has been issued, a Utility Agreement between the Port and Utility Owner will be finalized. Caltrans standard forms will be used as the basis for the Notice to Utility Owner and Utility agreement. Applicable Design-Builder requirements from a memorandum of understanding (MOU) between the Harbor Department and LBWD for water main Relocation are included in Exhibit 2-6-J (Public Utility Improvement Requirements). The Design-Builder shall notify all affected Utility Owners at least 10 Days before commencing any operations that affect a Utility, unless otherwise required in a Lease Agreement. Final for Execution 6-6

7 Notices Regarding Utility Owner Performance The Design-Builder shall be responsible for verifying progress of the Utility Owner s work and for notifying the Port should the Design-Builder have cause to believe that the Utility Owner will not meet the specified time frame(s) for any of the following: construction; review of the Design-Builder s plans; or inspection. The Design-Builder shall provide such written notice to the Port immediately after discovery Standards The Design-Builder shall perform the Utility Work in accordance with the manuals and documents listed in Book 3. In the event of a conflict among the standards set forth in Book 3, the order of precedence shall be as set forth below, unless noted otherwise: Agency Port LBWD LBWD LACSD Port Title Electrical Design Criteria and Standard Plans (Applies to Port-owned electrical lines, telecommunication lines, and associated conduits, handholes, manholes, and pull boxes.) Specifications WD-1-97 For the Construction of Water-Service Facilities for Developer Built Projects (Applies to Port-owned water main and Service Lines) Standard Drawings (Applies to Port-owned sanitary sewer, water main, and sewer and water Service Lines) Amendments to the Standard Specifications for Public Works Construction (Applies to Portand LACSD-owned sanitary sewer and Service Lines) Design Criteria & Standard Plans Greenbook Committee for Public Works Standards, Inc. Standard Specifications for Public Works Construction and Standard Plans for Public Works Construction (Applies to Port- and LACSD-owned sanitary sewer and Service Lines) Various Caltrans Caltrans Caltrans Caltrans Caltrans Caltrans AASHTO AASHTO Special Provisions Standard Specifications* Standard Plans Project Development Procedures Manual (PDPM) Plans Preparation Manual (PPM) CADD Users Manual Encroachment Permits Manual A Policy on the Accommodation of Within Freeway Right-of-Way A Guide for Accommodating Within Highway Right-of-Way Various Remaining standards set forth in Book 3 *Documents modified for design-build. 6.3 Design Requirements General The Design-Builder shall take all actions necessary to verify that design plans, whether furnished by the Design-Builder or Utility Owner, and regardless of the type of design plans provided by the Utility Owners, are consistent and compatible with the Contract Document requirements (including applicable performance specifications) and with the Design-Builder s design and construction of the Work for all Utility designs that are within the Work area of the Project. In case of conflicts, the most stringent standards or requirements shall govern. The Design-Builder shall obtain information regarding the standard design plans the Utility Owners routinely use for their Utility Work. Final for Execution 6-7

8 6.3.2 Adjacent to Structures For the purposes of this Section ( Adjacent to Structures), shall include storm drains and other stormwater facilities. The Design-Builder shall comply with the following requirements for adjacent to retaining walls Existing Retaining Walls No shall be placed behind a retaining wall within a distance of two times the height of the wall. No shall be placed below a line sloping downward at a 1:1 slope away from the toe or end of footing, unless the Design-Builder demonstrates through field investigations that the wall is founded on deep foundations. The Design-Builder shall evaluate structural adequacy when the immediate site conditions are changed after Final Acceptance due to work on a Utility that is in place at the time of Final Acceptance Retaining Walls Constructed in this Project No shall be placed or remain behind a retaining wall within a distance of two times the height of the wall. No shall be placed or remain below a line sloping downward at a 1:1 slope away from the toe or end of footing, unless the wall is founded on deep foundations. The Design-Builder shall evaluate structural adequacy when the immediate site conditions are changed after Final Acceptance due to work on a Utility that is in place at the time of Final Acceptance Retaining Wall Crossings Relocated, new, or existing may cross below a retaining wall at an angle between 70 and 110 degrees to the wall, but the crossing Utility shall be encased with Approved casings that extend as follows: For walls founded on shallow foundations, casings shall extend to points on either side of a wall such that all applicable wall stability requirements are met if open excavation is used to access the end of the casing in the future. For walls founded on deep foundations, casings shall extend a distance of at least two times the height of the wall on the retained earth side of the wall and to a point at least 10 feet from the footing toe on the other side of the wall. Where casing of an existing Utility is required, casing shall be accomplished by the party assigned responsibility for relocation of that Utility, as described in Section MSE Walls No buried other than what is required for drainage of the supported roadway shall be placed within a reinforced earth zone of MSE walls. The placement of a drainage system within a reinforced earth zone shall only occur during the construction backfilling. Buried that may produce stray current shall not be installed within 300 feet of any MSE wall unless a corrosion control evaluation is prepared and all necessary corrosion control measures are implemented to properly mitigate the effects of stray current. The corrosion control evaluation and all resulting Design Documents shall be certified by a California-licensed Professional Engineer who is certified by the National Association of Corrosion Engineers Investigations The Design-Builder shall take all actions necessary to identify and confirm the existence and exact location, size, and type of all Utility facilities potentially impacted by the Work, whether or not such are shown in Exhibit 2-6-I (Verified Utility Information), Exhibit 2-6-P (Utility Plan), or UCM. This shall include all potentially impacted Service Lines. Such actions shall include making diligent inquiry at the offices of the Utility Owners, consulting public records, and conducting field studies (such as potholing), taking into consideration the possibility that Utility Owners may provide inaccurate or inexact information with regard to their facilities. If the Design-Builder s investigations identify or Service Lines not described in Exhibit 2-6-I, Exhibit 2-6-P, or the UCM, or if the Design-Builder determines that any Utility or Service Line was not accurately indicated in Exhibit 2-6-I, Exhibit 2-6-P, or the UCM, the Design-Builder Final for Execution 6-8

9 shall notify the Port immediately upon discovery. Any inaccuracy in, or omission from, the information provided in these documents with respect to existing shall not relieve the Design-Builder of its duties with respect to the Utility Work. The Design-Builder shall prepare a UDS for each Utility impacted by the Work, identifying the location of the existing Utility and the final Relocation recommendation to mitigate potential conflict, including, if applicable, the proposed new location (without regard to whether the Design-Builder or the Utility Owner will be furnishing design). Where the Utility Owner is furnishing the design, the proposed new location shall be based on information provided by the Utility Owner with the information attached to the UDS. The appropriate UDSs, along with CADD-prepared preliminary design plan sheets, shall be provided to the Utility Owner. The information shown on the preliminary design sheets shall include the following: Existing and proposed R/W Existing topography Proposed Work elements Existing Proposed Relocation of the Utility in conflict Design by Design-Builder If the Design-Builder and the Utility Owner agree that the Design-Builder shall furnish the design of the Utility Work, the Design-Builder shall, before beginning construction, submit its design to the Utility Owner for review and approval for each Relocation design. All subsequent changes to designs will require written Utility Owner approval. The Design-Builder shall also submit each design to the Port for its advance review and comment. The foregoing obligation includes temporary Relocations and all necessary Relocations of Service Lines connected to such, regardless of the ownership of such Service Lines or of the property served by such Service Lines. In each instance where the Design-Builder performs the design of the Utility Work concerning a Utility Owner s facilities, the Design-Builder shall be responsible for obtaining specifications, current at the time of the Utility Work, from the Utility Owner and for verifying that they are consistent and compatible with the Design-Builder's overall Project design. The Utility Owner s written specifications shall be attached to the design. Designs shall be furnished in full accordance with the requirements of the Contract Documents applicable to the Utility Work and the design requirements. Design of Public shall meet or exceed those of Exhibit 2-6-J (Public Utility Improvement Requirements). In the event of a conflict between the Utility Owner s design standards and the standards or requirements of the Contract Documents, the most stringent standards or requirements shall govern. The Design-Builder shall document the Utility Owner s approval by obtaining a Utility Owner s Design Approval Letter (see Exhibit 2-6-F(1)) from the Utility Owner, and formally submitting a copy to the Port along with the approved plans and specifications. If the Utility Owner is unwilling to sign the letter, an unsigned letter shall be submitted to the Port for determination as to how the Utility Work should proceed. All subsequent changes to designs will require written Utility Owner approval and shall be shown on the As- Built Documents upon completion of the Work Design by Utility Owner The Design-Builder shall obtain design plans from the Utility Owner for all Utility Work that the Utility Owner is responsible for designing and that will be within the Work area of the Project. The Design-Builder shall review these plans for compliance with the requirements of the Contract Documents and provide comments to the Utility Owner as appropriate. At a minimum, the design plan information must meet the standard of quality necessary for the Utility Owner to construct the Relocation. The Design-Builder shall provide all information necessary for the Utility Owners to create design plans, including construction Final for Execution 6-9

10 staking and survey information, profile and/or cross section information, and potholing for confirmation of conflicts and coordinates. The Design-Builder shall confirm there are no conflicts when the Design-Builder determines that the location of a Utility does not conflict with the Work. The Design-Builder shall evidence its review and certification that the design complies with the design requirements within the Contract Documents by issuing a Design-Builder s Design Approval Letter (Exhibit 2-6-F(2)) to the Utility Owner and forwarding a copy to the Port. 6.4 Construction Requirements Construction by Design-Builder In each instance where the Design-Builder performs the construction of the Utility Work, the Design-Builder shall be responsible for obtaining standards and specifications, current at the time of the Utility Work, from the Utility Owner and for verifying that they are consistent and compatible with the Design-Builder s overall Work. The Utility Owner s standards and specifications shall be included in the UDS. The Design-Builder shall comply with the Utility Owner s standards and specifications, the approved plans, all applicable Laws, permits, and the requirements of the Contract Documents. In case of conflict, the most stringent standard or requirement will govern. The Design-Builder shall be responsible for restoring infrastructure damaged due to the Utility Work performed by the Design-Builder. Dewatering, as defined in Section 4 (Environmental Compliance), will not be allowed to facilitate the installation of west of the Back Channel Inspection Each Utility Owner, through its representative, will have the right to inspect the construction performed on its by the Design-Builder. The Design-Builder shall not unreasonably refuse such Utility Owner inspection requests and shall coordinate the schedule and scope of such inspections with the Utility Owner Approval The Design-Builder shall request a Utility Owner s written approval of the Utility Work with the Utility Owner s Construction Inspection Approval Letter (Exhibit 2-6-G(1)). If the Utility Owner is unwilling to sign the letter, the Design-Builder shall submit the unsigned letter to the Port as a notification that the Utility Work has been completed but the Utility Owner is unwilling to sign the letter. Submittal of an unsigned letter will not remove any responsibility for the Design-Builder to reconstruct portions or all of the Utility Work if the Utility Owner is not satisfied with the Work Construction by Utility Owner The Design-Builder shall inspect all Utility Work performed by Utility Owners and/or their subcontractors within the Work area of the Project to verify compliance with Contract Document requirements. The Design- Builder shall approve the construction performed by each Utility Owner to verify that the construction complies with the Contract Document requirements and the approved plans for such construction. In order to evidence its approval, the Design-Builder shall provide a Design-Builder s Construction Inspection Approval Letter (Exhibit 2-6-G(2)) to the Utility Owner with a copy to the Port. The Design-Builder shall immediately notify the Port in writing regarding any noncompliance Incidental Utility Work Incidental Utility Work includes all of the following Utility Work necessary and/or convenient for the construction of the Work: Protection of existing. Removing abandoned Public, for which the Design-Builder has been assigned responsibility for relocating in Section Final for Execution 6-10

11 Removal of those portions of Long Beach Gas and Oil Department s abandoned natural gas mains that conflict with the Work. Existing active lines that are being relocated will be slurry filled by Long Beach Gas and Oil Department prior to abandonment of the lines. Removal of those portions of unidentified and/or whose owner cannot be identified that conflict with the Work, but were not used for transporting petroleum products. The Design-Builder shall be responsible for all Incidental Utility Work without regard to the allocation of responsibility for Utility Work. The Design-Builder shall make all arrangements and perform all Utility Work necessary to accomplish the Incidental Utility Work, including locating existing, identifying conflicts, performing any necessary coordination with Utility Owners and property owners, furnishing design, performing construction, and obtaining and complying with all applicable legal requirements and required Governmental Approvals Protection of Existing The Design-Builder shall be responsible for the protection of existing impacted by the Work, as necessary to ensure their continued safe operation and structural integrity. The protection of existing may be either temporary or permanent. Protection of the 42-inch ConocoPhillips Line shall be accomplished in accordance with Exhibit 2-6-M (ConocoPhillips Pipe Line Company Encroachment Design and Construction Specification). The Design- Builder shall be responsible for all testing that may be required in order to comply with the requirements of Exhibit 2-6-M. The SCE overhead transmission line along the westerly side of the Los Angeles River shall not be impacted by the Work. Utility Corridors are indicated on Exhibit 2-6-P (Utility Plan) to identify areas where exist or are proposed for installation by the Port or Private Utility Owners. The Design-Builder may work in these areas, but Work shall not result in the need to relocate any existing Utility or redesign any proposed Utility Abandoned All abandoned Port of Long Beach Gas and Oil Department gas mains and Service Lines that are in conflict with the Work and all underground Public that the Design-Builder proposes to Relocate and is responsible for Relocating to accommodate the Work shall be removed by the Design-Builder within the R/W limits, unless dewatering, as defined in Section 4, would be necessary to accomplish removal in the area west of the Back Channel. Where removal of water is necessary to remove a Utility west of the Back Channel, only that portion of the Utility in conflict with the Work shall be removed. Removal of a Utility that has been Relocated shall only occur after the Relocated Utility is fully operational. The Design-Builder shall give a Utility Owner at least two Working Days notification prior to removal of an abandoned Utility. Other Utility Owners, except for Port of Long Beach Gas and Oil Department, will remove all Public and Private that they Relocate, unless dewatering would be necessary to accomplish removal west of the Back Channel. Where removal of water is necessary to remove a Utility west of the Back Channel and the Utility is in conflict with the Work, the Utility Owner will only remove the portion of the Utility that is in conflict with the Work. Oil well infrastructure facilities that have been abandoned and are in conflict with the Work will be removed by the Utility Owner Unknown Utility Owner and/or Unidentified Utility When either an identified or unidentified Utility line is encountered and the Utility Owner is not immediately known, the Design-Builder shall inform the Port that an unknown Utility has been found and contact DigAlert-811, who will contact known companies or agencies that own underground facilities or pipelines in the area. Final for Execution 6-11

12 If the search performed by DigAlert-811 does not identify the owner of an unknown Utility, if the Design- Builder has contacted all the companies and agencies that own or operate pipelines in the construction area, and if the unknown Utility is a pipeline, the Port will determine the status of the unknown pipeline. If it is determined that the pipeline is still active, the Port will identify the Utility Owner and the Design- Builder shall coordinate with the Utility Owner for Relocation of the pipeline in accordance with the requirements of the Port. If it is determined that the pipeline is an abandoned Utility that was used to transport petroleum products, the Port will remove the abandoned pipeline. If it is determined that the pipeline was not used for transporting petroleum products and the Utility Owner is not identified, the Design-Builder shall make all arrangements and perform all Utility Work necessary to remove the abandoned pipeline within the area that conflicts with the Work including design, construction, and obtaining consent from any affected landowner(s), as well as any necessary Governmental Approvals Maintenance of Utility Service The Design-Builder shall take appropriate measures to ensure that all remain fully operational during all phases of construction to the greatest extent practicable. The Design-Builder s proposals for shutdowns and temporary diversions of affected Utility facilities, if approved by the Utility Owner, shall be coordinated with and subject to the written approval of the Utility Owner Betterments Replacements for any existing shall be designed and constructed to provide service at least equal to that offered by the existing facilities (unless the Utility Owner specifies a lesser replacement), but may not include any Betterments, unless added to the Utility Work through a Change Order. Any proposed Betterments are not part of the Utility Work unless they are identified in Exhibit 2-6-J. Utility Owners may request the Port to permit the Design-Builder to perform additional Work relating to Betterments at the Utility Owner s expense. If the Port Approves any such request, the Design-Builder shall perform such Betterment Work. Upon execution of a Change Order by the Utility Owner, Port, and Design-Builder, such Betterment shall be added to the Utility Work. Book 1 addresses the Design-Builder s right to a time extension and/or a Contract Price increase for any Betterment added to the Utility Work and sets forth certain additional provisions related to Betterments. The Design-Builder shall provide all coordination, including all definitive cost estimates and billing information necessary to address requested Betterments Damage to by Design-Builder In performing the Work, the Design-Builder shall require its Subcontractors, employees, and agents to exercise due precaution and care to avoid causing damage to the Utility Owner s facilities, persons, and property. The Design-Builder shall be responsible for any and all damage caused by the Design-Builder s Subcontractors, employees, or agents to the property, facilities, structures, or persons of the Utility Owner. The Design-Builder shall immediately notify the affected Utility Owners of any damaged by the Design-Builder during the Design-Builder s performance of the Work. The Design-Builder shall be responsible for all costs and/or schedule impact associated with said damage. Promptly after the Design-Builder s discovery of such damage or the Design-Builder s receipt of notice of any such damage from the Utility Owner or from any other source: (a) the Design-Builder shall repair the damage to the Utility Owner s satisfaction, or (b) at the Utility Owner s election, the Utility Owner may make such repairs at the Design-Builder s expense Utility Location Records During the course of the Work, the Design-Builder shall create and update a plan in Microstation every month to reflect the location of all underground facilities, including ; storm sewer; wiring for traffic signals, streetlights, ITS, and intelligent vehicle transportation system (IVTS); and irrigation system wiring Final for Execution 6-12

13 and piping present within the Project area as they are found, relocated, removed and/or abandoned. The plan shall include, at a minimum, size, location, direction, and type of Utility. 6.5 Deliverables Unless otherwise indicated, all deliverables shall be submitted in both electronic format and hardcopy format. Acceptable electronic formats include Microsoft Word, Microsoft Excel, Microstation, or Adobe Acrobat (PDF) files, unless otherwise indicated. At a minimum, the Design-Builder shall submit the following to the Port: Deliverable For Acceptance or Approval Number of Copies Hardcopy Electronic Submittal Schedule Reference Section Exhibit 2-6-C, Utility Tracking Report Acceptance 1 1 (PDF) Acceptance prior to NTP 2. Weekly during Project Exhibit 2-6-D, Utility Design Sheet (UDS) Acceptance 1 1 (PDF) Two Days prior to initial meeting with Utility Exhibits 2-6-F(1) or 2-6-F(2), Design Approval Letter Acceptance 1 1 (PDF) Prior to the start of construction or Exhibit 2-6-G(1) or 6-G(2), Construction Inspection Approval Letter Acceptance 1 1 (PDF) Seven Days after construction of the Utility identified in the UDS or Updated Utility Plan Acceptance 0 1 (DGN) Monthly Well Infrastructure Removal Plan Acceptance 1 1 (DGN) One month prior to beginning construction in a specific area and Exhibit 2-6-N Final for Execution 6-13

14 Exhibit 2-6-A Exhibit 2-6-B Exhibit 2-6-C Exhibit 2-6-D Exhibit 2-6-E Exhibit 2-6-F(1) Exhibit 2-6-F(2) Exhibit 2-6-G(1) Exhibit 2-6-G(2) Exhibit 2-6-H Exhibit 2-6-I Exhibit 2-6-J Exhibit 2-6-K Exhibit 2-6-L Exhibit 2-6-M Exhibit 2-6-N Exhibit 2-6-O Exhibit 2-6-P Not used Not used Utility Tracking Report Utility Design Sheet EXHIBITS Active Well Infrastructure Removal Plan Utility Owner s Design Approval Letter Design-Builder s Design Approval Letter Utility Owner s Construction Inspection Approval Letter Design-Builder s Construction Inspection Approval Letter Utility Trench Investigation Plan Verified Utility Information Public Utility Improvement Requirements Not used Utility Conflict Criteria ConocoPhillips Pipe Line Company Encroachment Design and Construction Specification Abandonment of Wells Utility Relocation Schedule Utility Plan The following exhibits are provided as electronic files only: Exhibit Title Electronic File(s) Exhibit 2-6-E Active Well Infrastructure Removal Plan Exhibit 2-6-E - Active Well Infrastructure Removal Plan-Add8.dwg Exhibit 2-6-H Utility Trench Investigation Plan 2788E_Trench_Callouts-Add4.DWG 2788E_Trenches-Add4.dwg Exhibit 2-6-P Utility Plan 2788D_sub1-Add9.dwg 2788D_sub2-Add9.dwg 2788d_wells-Add9.dwg 2788E_Utility_Corridors-Add9.dwg 2788E_Utility_Plan_Callouts_ Add9.dwg 2788E_Utility_Plan_NRG_Callouts_ Add9.dwg 2788E_Utility_Plan_O-Sheet_Callouts_ Add9.dwg 2788G_Topko_WStrip_Lease-Add5.dwg Final for Execution

15 EXHIBIT 2-6-C Utility Tracking Report Final for Execution

16 EXHIBIT 2-6-D Utility Design Sheet Final for Execution

17 EXHIBIT 2-6-F(1) Utility Owner s Design Approval Letter Final for Execution

18 EXHIBIT 2-6-F(2) Design-Builder s Design Approval Letter Final for Execution

19 EXHIBIT 2-6-G(1) Utility Owner s Construction Inspection Approval Letter Final for Execution

20 EXHIBIT 2-6-G(2) Design-Builder s Construction Inspection Approval Letter Final for Execution

21 EXHIBIT 2-6-I Verified Utility Information Final for Execution

22 EXHIBIT 2-6-J Public Utility Improvement Requirements Final for Execution

23 EXHIBIT 2-6-L Utility Conflict Criteria Final for Execution

24 EXHIBIT 2-6-M ConocoPhillips Pipe Line Company Encroachment Design and Construction Specification Final for Execution

25 EXHIBIT 2-6-N Abandonment of Wells Final for Execution

26 EXHIBIT 2-6-O Utility Relocation Schedule Final for Execution